HENDERSON, NV (FOX5) -
Inside Henderson Justice Court Thursday morning, attorneys argued over moving forward with the case against Sidney Jacobs, a man facing one count of child abuse with substantial bodily harm.
It was inside his MacDonald Ranch home on Sept. 25, when 5-year-old Robert Martin IV was fatally shot in the chest with a gun found in a toy chest.
"He was an angel," said Christin Wacaser, Robert's mother, who told FOX5 that her son was athletic, energetic and smart.
"He was always super outgoing, super outgoing."
What makes the situation harder is that it was Christin Wacaser's 11-year-old brother who found the gun and pulled the trigger.
"It's so free and open for kids to feel like they can use guns - water guns, Nerf guns, all guns... children don't know the real danger of guns," she said.
The case against Jacobs was filed in December, but has hit several delays along the way. His attorney was Steve Wolfson, who is now the Clark County district attorney. Jacobs' new lawyer is pushing to have the DA's office barred from prosecuting the case, citing a conflict of interest.
"My client is very frustrated," said Robert Draskovich on behalf of Jacobs. "He's looking forward to having his day in court. Unfortunately, these issues need to be determined before he has his day in court, but he wants to get this over as quickly as possible."
Draskovich told FOX5 that the past eight months have been hard on his client.
"A child was lost. This was a very difficult situation and experience for him," Draskovich said.
For Christin Wacaser, the nightmare of what happened to her son will never be over. But at the very least, she too wants the case to move forward and for justice to be done.
"A homeowner who has a gun in any room that a child can get to should be responsible," Christin Wacaser said.
Christin Wacaser would've liked to see a more severe charge against Jacobs. He is out on bail right now and was not in court Thursday morning when the judge continued the case for another 30 days.
Henderson judge David Gibson wants the Nevada Supreme Court to offer guidance on how to proceed with this case, and another criminal case previously represented by Wolfson. The matter may have to be turned over to the attorney general's office if there is indeed a questionable conflict of interest.
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Robert Martin IV was five years old when he was fatally shot in September
Sidney Jacobs faces one count of Child Abuse with Substantial Bodily Harm
Christin Wacaser is frustrated over constant legal delays
