AP News, June 28th, 2007
A nurse accused of killing his wife, the former state controller, planned for a year to commit suicide after he testified at his murder trial, his defense lawyer said Wednesday.
Chaz Higgs, 43, a critical care nurse, is charged with killing Kathy Augustine with an injection of succinylcholine, a potent muscle relaxant used to immobilize a patient when inserting breathing tubes.
Higgs slashed his wrists early Tuesday, a day after he testified. He left a note saying he'd planned it for a year, his lawyer said.
"His opinion was that he has cleared his name and it's time to go," attorney David Houston said.
Higgs will face what's certain to be tough questioning from prosecutors Thursday when his trial continues two days after the suicide attempt. It was his second attempt since Augustine's death last July.
Higgs tried to commit suicide three days after Augustine's death. He was found, along with a note, by Augustine's daughter in the couple's Las Vegas home. The note ended, "P.S. to all: I'm going to see my wife."
Washoe District Judge Steven Kosach, after hearing from Higgs' defense lawyers in a brief hearing Wednesday, ruled that mental competency was not a concern despite the suicide attempt.
Higgs is currently being held in jail on a suicide watch.
Defense attorneys assured Kosach that Higgs, who was not in court, understood the proceedings and was able to assist in his defense _ two elements that determine whether a defendant is mentally competent for trial.
"He clearly understands the proceedings, what's happening," Houston told the judge. "He wants the trial to go forward."
Higgs called paramedics on July 8, saying Augustine was not breathing and had no pulse. Augustine, 50, died July 11 when she was removed from life support.
Doctors initially thought Augustine suffered a heart attack. Higgs was arrested in September after police said they were tipped to comments Higgs made to another nurse about using succinylcholine to kill a person and FBI toxicology tests found the chemical in Augustine's system.
Higgs pleaded not guilty to murder in December. If convicted, he faces up to life in prison without chance of parole.
