Parents accused of killing son have charges dismissed
A judge threw out murder charges Thursday against a couple accused in the death of their special-needs son.
Ross and Yolanda Strauss originally were charged with murder and three counts of abuse of a vulnerable person with substantial mental or bodily harm or death. They were expected to be released from the Clark County Detention Center, where they have been held since early May.
“It’s always been evident to me that this was a tragic incident, but one in which my client has no criminal responsibility,” said defense attorney Josh Tomsheck, who represents Yolanda Strauss. “She’s absolutely heartbroken at the loss of a child she loved very much, and it would further compound the tragedy if they were to continue to try to hold her responsible.”
After District Judge Valerie Adair’s decision, Chief Deputy District Attorney Dena Rinetti said prosecutors would continue to pursue a case against the couple.
Authorities initially said the pair had no explanation for the lethal levels of medication found in their son’s system after what they described as a serious accident in a shower in February.
Tomsheck argued that Yolanda Strauss had become ill and her husband was the primary caregiver.
Brandon Strauss, 21, had been diagnosed with Down syndrome and autism.
He suffered second- and third-degree burns on up to 12 percent of his body. A medical examiner ruled that the death was caused by polymicrobial gram negative sepsis, drug intoxication and medical neglect.
Ross Strauss, 64, later told police he was washing his son in the shower the morning of Feb. 17 or Feb. 18. He said the young man suffered a seizure and fell, hitting the faucet and inadvertently turning up the hot water, which burned his body
Police said Yolanda Strauss, 63, noticed that the burns were bleeding while they changed his dressings.
After attending to his son, Ross Strauss “didn’t think there was anything more that would be done for Brandon at the emergency room,” his lawyer, Kathleen Hamers, wrote in court papers. “Looking back, he recognized that wasn’t a good call.”
Hamers could not be reached for comment Thursday.
Contact David Ferrara at dferrara@reviewjournal.com or 702380-1039. Follow @randompoker on Twitter.