Tuesday, Sept. 30, 2003 | 11:10 a.m.
The woman charged with beating her children to death with a baseball bat cried in court Monday, saying she loved her son and daughter and wanted to be with them.
Sylvia Ewing's attorney, Deputy Public Defender Joseph Abood, said Ewing broke down in court Monday when Abood and another attorney explained to her why she was there for the proceedings, Abood said.
Ewing appeared not to understand why she was there, Abood said.
"She was asking for her children" Abood said. "We had to tell her, 'You're here because of your children.' "
"It fell upon me and (Deputy Public Defender) Scott Coffee to advise her that she is being charged with killing her children."
Ewing had been hospitalized since Sept. 23, after she walked in front of a tractor-trailer on the morning after her children, Phillip, 8, and Julie, 4, were beaten to death with a baseball bat. She was released from the hospital and booked into the Clark County Detention Center on Sunday.
Monday she appeared before North Las Vegas Justice of the Peace Stephen Dahl, her first court appearance, on two counts of murder.
According to Ewing's arrest report obtained today by the Sun, detectives found a receipt for two pieces of candy at a nearby Wal-Mart in addition to the bat used to bludgeon her children.
On a kitchenette table was a handwritten note with "Jesus love the kids" and "Jesus is coming soon." A similar note that had been ripped up was found in the kitchen garbage can.
An autopsy performed the day after the children's deaths showed they died of multiple blunt force trauma to the head.
During the hearing defense attorneys invoked their right to a preliminary hearing within 15 days. The hearing was scheduled for Oct. 13.
Ewing is severely mentally ill, Abood said.
Abood said a psychologist was scheduled to examine her this morning at the jail. The doctor will determine whether Ewing is mentally competent to stand trial.
If Ewing is found incompetent to stand trial, Abood said, defense attorneys will waive Ewing's right to a preliminary hearing so that a District Ccourt judge can make the official ruling about her mental state.
At that point Ewing would likely be sent to Lakes Crossings, a state mental facility in Sparks, where she would undergo psychiatric treatment until she is deemed mentally fit, Abood said.
"None of these proceedings can take place if she is not competent," Abood said. Even if Ewing is found to be competent, "there are a lot of other mental issues to look into," he said.
Abood said Ewing's physical condition was somewhat improving.
"But the major problems right now are emotional and psychological," he said.
Chief Deputy District Attorney Vickie Monroe said she plans to take Ewing's case to the death penalty assessment committee, which will determine whether the state will seek the death penalty in the case.
The committee will likely convene after the preliminary hearing, she said.
"Anytime you have first-degree murder charge and we have potential aggravating circumstances, we present it to the committee," she said.
In the Ewing case potential aggravating circumstances that make her eligible for the death penalty include the fact that there was more than one victim and both victims were under 14.
The six-person panel includes Clark County District Attorney David Roger, the assistant district attorney and law enforcement leaders.
"The state calling for the death penalty in this case is a tragedy," Abood said. "It was pathetic the way they were painting this case."
Ewing's husband, Daryl, told police that she had been treated for mental illness -- she had been hospitalized at Monte Vista and was seeing a psychiatrist regularly -- but wasn't currently on any medication. Police said she suffered from depression.
Ewing had taken the children to visit her family in the Philippines from July 23 until Sept. 5.
Unfortunately, Abood said, she thought the medication was making her feel dizzy and stopped taking it.
Ewing's preliminary hearing has been scheduled for Oct. 13.
archive
