Monday, Feb. 24, 2014 | 4:05 p.m.
Clark County District Judge Stefany Miley today denied defense efforts to send a case involving the October 2013 death of a pregnant woman back to a Clark County grand jury.
But the real fireworks took place at the hearing’s end when the deceased woman’s widower yelled “I’ll see you in court” at the defendant – his sister.
Eleanor Indico, 31, was indicted in November and charged with murder, manslaughter of an unborn child, and child abuse, neglect or endangerment in connection with the Oct. 16, 2013, death of Ashley Indico and her unborn child. Ashley Indico was nine months pregnant at the time.
Norman Reed, one of Elinor Indico’s attorneys, argued there was other evidence that should have been presented to the grand jury before it indicted his client, including: testimony from someone with a medical background about his client’s stab wounds, a neighbor’s statement that after the incident Elinor Indico was screaming about having been stabbed and his client’s own statements that she had acted in self-defense.
Chief Deputy District Attorney David Stanton argued the facts prosecutors presented were enough to give the grand jury reason to believe a crime had been committed, saying forensic evidence and testimony showed a “one-sided slaughter of a nine-month pregnant woman with a knife.”
Miley ruled none of the issues raised by the defense would have explained away the charge. She scheduled trial for Aug. 18.
A court marshal chastised Aristeo Indico, husband of Ashley Indico and brother of Elinor Indico, for the courtroom outburst. Outside the chambers, Aristeo Indico said he would do a better job of holding his temper but noted it was hard to control the desire to leap over the courtroom benches to get at his sister.
“I want it to be done and over with," Aristeo Indico said after the hearing. "This (case) is a no-brainer.”
His message for his sister?
“You’re going to get what’s coming to you,” Aristeo Indico said.
Reed said he would be appealing Miley’s ruling today to the Nevada Supreme Court. Additionally, he said he would likely file a motion to suppress Elinor Indico’s alleged confession from jurors.
Elinor Indico remains jailed without bond in the Clark County Detention Center.