Winiarz v. State

OPINION

Consuelo Winiarz, aka Consuelo West (“Consuelo”), was charged with murdering Jacob Winiarz, on April 22, 1984, at the couple’s home in Las Vegas. Although Consuelo does not deny having shot Jacob, she claims that his death was an accident and that she believed the gun was loaded with blanks.

Consuelo’s case was initially tried on May 5, 1986. A jury found her guilty of first degree murder with use of a deadly weapon, and sentenced her to life in prison without the possibility of parole. Consuelo appealed to this court, which reversed and remanded on the grounds that the opinion…