GregoryTech
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Norwalk-WTNH, July 31, 2003 6:08 PM) _ A suicidal woman pulls the trigger after her husband leaves a loaded gun near their bed. So is he to blame for her death?
That's the question prosecutors are wrestling with. The woman's sister thinks so. So do police. But if the state's attorney takes on this case, it could set legal precedent in Connecticut.
"She started actually telling me that if she was going to die it would be with a gun, that she needed a gun and that she wanted to kill herself that way," says Laura Bricale.
In October 2001, 32-year-old Joan Bartush was hospitalized after attempting suicide. Ten days later she was released. Two days after that she was dead.
It was a Saturday morning at the Norwalk condo Bartush shared with her husband and daughter. As her husband Steven got out of the shower Bartush sat on the edge of her bed and pulled the trigger of a medium caliber hand gun.
While the suicide death of a young wife and mother is undoubtedly tragic, police in Norwalk are convinced it is also criminal. So is her sister Laura Bricale.
"She may have pulled the trigger, but still that loaded gun had to be right there because she didn't go and search for it," Bricale said. "She didn't go and pry it out of a lock box and load a gun. It was right there."
Law enforcement sources say the loaded hand gun was left near the bed by her husband, despite the fact her sister says the psychiatric facility which treated her specifically told her husband to remove the guns he kept at the home.
"They had told Steve that the guns really had to be taken out of the house and that he said he wouldn't take them out of the house but that he would keep them locked up," Bricale said.
Now, after an extensive interview with Steven Bartush, police are asking prosecutors to take on what would be a precedent setting case.
Team 8 has learned Norwalk Police detectives have written up an application for an arrest warrant for Steven Bartush. They have given it to the state's attorney for his review and approval, but that was months ago.
Police are seeking a manslaughter charge, but State's Attorney David Cohen says he's struggling with the decision.
"I together with my staff will sit down and evaluate whether there is any criminal activity there and whether any prosecution is warranted," Cohen said.
"I don't envy the prosecutor. It's a tough call," says Jack Kelly, former chief state's attorney in Connecticut.
"There's a specific statutory or penal code definition concerning recklessness. What the prosecutor has to do is match that definition with the facts in the arrest warrant and make that decision," Kelly said. "The issue becomes did he have any duty based upon the information or advice he got from the hospital to do anything concerning that hand gun and that's an evolving area of the criminal law."
As for Steven Bartush, he says "I'm absolutely blown away by this."
"At what part?"
"At everything."
We tried asking him about the investigation and why he didn't remove or lock up all his weapons. He wouldn't comment. But police and his wife's family want Steven Bartush to face charges not for what he did but for what he didn't do.
"Is there any doubt in your mind whether Steven Bartush is responsible for your sister's death?"
"No, there is no doubt," says Laura Bricale.
Bricale told us today prosecutors have requested a meeting with her and her family to discuss the case. They may learn whether prosecutors will step up to the plate or take a pass.
That's the question prosecutors are wrestling with. The woman's sister thinks so. So do police. But if the state's attorney takes on this case, it could set legal precedent in Connecticut.
"She started actually telling me that if she was going to die it would be with a gun, that she needed a gun and that she wanted to kill herself that way," says Laura Bricale.
In October 2001, 32-year-old Joan Bartush was hospitalized after attempting suicide. Ten days later she was released. Two days after that she was dead.
It was a Saturday morning at the Norwalk condo Bartush shared with her husband and daughter. As her husband Steven got out of the shower Bartush sat on the edge of her bed and pulled the trigger of a medium caliber hand gun.
While the suicide death of a young wife and mother is undoubtedly tragic, police in Norwalk are convinced it is also criminal. So is her sister Laura Bricale.
"She may have pulled the trigger, but still that loaded gun had to be right there because she didn't go and search for it," Bricale said. "She didn't go and pry it out of a lock box and load a gun. It was right there."
Law enforcement sources say the loaded hand gun was left near the bed by her husband, despite the fact her sister says the psychiatric facility which treated her specifically told her husband to remove the guns he kept at the home.
"They had told Steve that the guns really had to be taken out of the house and that he said he wouldn't take them out of the house but that he would keep them locked up," Bricale said.
Now, after an extensive interview with Steven Bartush, police are asking prosecutors to take on what would be a precedent setting case.
Team 8 has learned Norwalk Police detectives have written up an application for an arrest warrant for Steven Bartush. They have given it to the state's attorney for his review and approval, but that was months ago.
Police are seeking a manslaughter charge, but State's Attorney David Cohen says he's struggling with the decision.
"I together with my staff will sit down and evaluate whether there is any criminal activity there and whether any prosecution is warranted," Cohen said.
"I don't envy the prosecutor. It's a tough call," says Jack Kelly, former chief state's attorney in Connecticut.
"There's a specific statutory or penal code definition concerning recklessness. What the prosecutor has to do is match that definition with the facts in the arrest warrant and make that decision," Kelly said. "The issue becomes did he have any duty based upon the information or advice he got from the hospital to do anything concerning that hand gun and that's an evolving area of the criminal law."
As for Steven Bartush, he says "I'm absolutely blown away by this."
"At what part?"
"At everything."
We tried asking him about the investigation and why he didn't remove or lock up all his weapons. He wouldn't comment. But police and his wife's family want Steven Bartush to face charges not for what he did but for what he didn't do.
"Is there any doubt in your mind whether Steven Bartush is responsible for your sister's death?"
"No, there is no doubt," says Laura Bricale.
Bricale told us today prosecutors have requested a meeting with her and her family to discuss the case. They may learn whether prosecutors will step up to the plate or take a pass.
