ABC-7 Looks Deeper Into 79-Year-Old Woman’s Homicide

ABC-7 is looking deeper into the case of a 76-year-old woman allegedly killed by her 81-year-old husband.

Early Wednesday morning policecharged 81-year-old Ervin Maierwith murder in the shooting death of his wife at their home in the 10700 block of Fort Worth.

Ervin Maier allegedly shot his 76-year-old wife, Okin, and then called police dispatchers and told them that he had just shot his wife in the head with a handgun, according to a El Paso Police affidavit.

In April 2011, paperwork was drawn up to declare Ervin incompetent and make him a ward of Adult Protective Services because he had been sleeping in a car outside a hospital where his wife was being treated for three weeks.

According to the APS investigator, Ervin “reported that on March 17, 2011 that his wife attacked him with a cane and he suffered bruising on left arm. Mr. Maier has stated that he is afraid of his wife but he refuses to apply for a protective order against her.”

The investigator also said Maier told him he sees and hears things no one else can. The investigator recommended Maier be removed from his home due to abuse or neglect and instead be placed in a medical facility.

When the case went to court, the judge considered a medical assessment report written by a licensed physician. The doctor who evaluatedMaier at that time issued an opinion that it wouldn’t be justified to issue protective services without Ervin’s consent. In that evaluation, Ervin said he had emphysema and a history of stroke.

ABC-7 spoke with Grace Ortiz, a communication specialist with Adult Protective Services. She could not comment specifically on Maier’s case but said it is not unusual for an APS investigator and a physician to have differing recommendations on a case.

“The physician at one point may not see what we’re seeing,” said Ortiz. “If we get to talk to the physicians we always tell the investigator to talk to them and tellthem whatthey sawbecause (based on)a little visit with the doctor– sometimes it’s not enough for them to understand what is really going on in the home.”

Once the court makes a decision, Ortiz said APS must close the case as well.

“Our hands are tied,” she said.

However, Ortiz explained sometimes cases come back months after they are closed and it can take several times for an intervention to happen.

In Maier’s case, the APS investigator wrote that Maier refused to apply for a protective order against his wife.