82-year-old El Pasoan pleads guilty to murdering wife, says it was mercy killing

Ervin Maier, who originally agreed to a murder trial on Wednesday morning, changed his mind in the afternoon and pleaded guilty to murder in 171st District Court.

Maier, 82, was sentenced to five years in state prison and a $10,000 fine.

According to defense attorney, Jim darnell, Maier changed his mind and pleaded guilty instead of going to trial for various reasons, including not wanting to go through a trial.

He also was allowed to explain to Judge Bonnie Rangel why he killed his wife.

Maier told Rangel they were married for 47 years and for the last 25 she was in deep pain due to a back injury. Maier said doctors tried to help her but could not.

And for 25 years he suffered along with her.

Maier then added that on the day he killed her she was in excruciating pain and making loud crying noises. He could not let her suffer anymore so he shot her.

Darnell said, plain and simple, “it was a mercy killing.” Watch 2012 interview with Maier by clicking the video above or under Related Content to the left.

Read July 12, 2012 KVIA story for details on alleged abuse by wife against Maier: The ABC-7 I-Team has obtained transcripts of 911 calls made by the 81-year-old Northeast El Paso man who admitted to police that he allegedly shot and killed his 79-year-old wife two weeks ago.

In the calls, made prior to the shooting, Ervin Maier repeatedly complained about violent or aggressive behavior by his wife.

The 911 transcripts show Maier reached out to El Paso Police on several occasions over the past year-and-a-half, alleging his wife physically abused him.

On Wednesday afternoon, ABC-7 went to Maier’s neighborhood to ask neighbors whether they witnessed any of this alleged abuse.

(Editor’s note: Reporter Darren Hunt ran into Maier in the neighborhood and Maier told Hunt he’s been out on bond since Monday and was just returning from his wife’s funeral.)

“I think the system failed me, without a doubt,” Maier said.

After telling Maier the ABC-7 I-Team had obtained the transcripts of 911 calls he made over the past year-and-a-half that appeared to show a pattern of physical abuse from his wife, he said he felt that the system had failed him.

Maier first called 911 on March 3, 2011, telling the dispatcher he was having a problem with his wife and that she had hit him with a cane and he was bleeding from the hand. Later that same night, Maier called 911 again and said his wife now had a knife and she was being aggressive.

In July of last year, an Adult Protective Services worker called 911 to inform police Maier’s wife had thrown a shoe at him. A day later maier called 911 to tell them his wife had bruised him trying to close the garage door on him.

On July 27, 2011, Maier called police and requested they pick up three guns from the house due to problems with his wife and then on July 11 of this year, Maier called police to tell them he had shot his wife.

“I was hoping somebody would look into it,” Maier told ABC-7 on Wednesday. “Because it was abuse.”

Maier declined further comment and said he needed to speak with his attorney before answering anymore questions.

“Like anything hindsight is 20/20,” said neighbor Morgan Ghetti. “I never would have guessed an 81-year-old man would gun down his wife.”

Neighbors said they never noticed any of the abuse and Adult Protective Services Regional Director Patrick Turley said his office is currently holding a conference to help law enforcement and others identify the signs of abuse.

“There’s a lot of dynamics that we’re training our staff on to look for,” Turley said. “But it also is the community that we need to really put the word out to look for those signs of abuse.”

Elder abuse suspicions can be reported by calling 1-800-252-5400. Police weren’t immediately able to tell ABC-7 if they did pick up the weapons Maier wanted to surrender last July. ABC-7 anticipates that answer will come on Thursday.