A shot in the dark?

In recent court appearances, a man who was used to standing out of the limelight has taken center stage in one of the most-talked-about cases in Nevada history.  42-year-old registered nurse Chaz Higgs is charged with the murder of his wife, State Controller Kathy Augustine.

Prosecutors say Higgs killed her with a lethal dose of the paralytic drug succinylcholine, the very same drug that Higgs allegedly told a fellow nurse would be a good way to commit murder.

Prosecutors say the drug was never given to Augustine when she was hospitalized and it turns out Higgs had information about the drug in his car when he was arrested.

But the defense says there is simply not enough scientific evidence linking Higgs to Augustine’s death.

David Houston, Chaz Higgs' attorney, David Houston: I think it’s a lot of people that have opinions of things that really have no basis in fact.  What the case really surrounds is scientific evidence that we feel is insufficient to support a conviction.  It’s that simple.

In fact, Houston and lead counsel Alan Baum think most of this case will be easy. The allegation that Higgs talked about Succinylcholine?

Houston: Well, you know, the only thing I can say about that is imagine how idiotic it would be for this supposed clever killer who’s going to use this supposed—undetectable drug to go to his coworker right prior the time he’s going to administer this lethal injecting and be ridiculously stupid enough to make that sort of statement and then proceed forward to utilize that exact same drug to murder his wife.  That sounds absurd.

Kotb: Why did Chaz Higgs try to kill himself?

Houston: Because I think Chaz Higgs loved his wife that much and I think the concept of living without her was so, so devastating, he couldn’t bear it.

And even some friends of Kathy Augustine can’t imagine what the motive could have been.

Heidi Smith, Kathy Augustine’s friend: There was no monetary reward for him. If she left him money—ok that would be something. I mean, it just didn’t make sense. There is a great possibility that somebody else did it.

Kotb: Do you think it was someone else?

Smith: I don’t know.  But I am—I am open to all options.

Higgs’ attorney David Houston says Kathy Augustine had already transferred her assets to a living trust for her daughter, which Higgs had signed off on.

Houston: There was absolutely no financial motive.  He had nothing to gain. Chaz Higgs, even though Kathy has died, stands to I think receive maybe one vehicle.

Prosecutors see the case very differently.  And there are still some very big unanswered questions. One of the biggest is "What happened to Charles Augustine?" He was Kathy Augustine’s third husband and died while under the care of Chaz Higgs.  His son, Greg, demanded his body be exhumed.

Isaac Brekken / AP The body of Charles Augustine is exhumed three years after his death at a cemetery in Las Vegas on Tuesday, Oct. 10, 2006. The Clark County coroners office will perform an autopsy to determine if Augustine's cause of death is consistent with what is listed on his death certificate.

And in October, Greg Augustine had his request honored.  Acting on a court order, police in Las Vegas exhumed Charles Augustine’s body to see if he also had Succinylcholine in his system.  The testing is still not completed and may take several months.

Kotb: The exhumation of your dad’s body, was that a very difficult thing?

Greg Augustine: That was tough.

Kotb: -- To do.

Greg Augustine: That was tough.  It was hard to explain it to my kids.

Kotb: Yeah.

Greg Augustine: You bury ‘em, he’s supposed to stay buried.  He goes to Heaven. You don’t bring him back...

Kotb: So now you wait.

Greg Augustine: Now we wait.

Kotb: For any kind of results.

Greg Augustine: Maybe for a long time.

Chaz Higgs’ attorney says authorities will find nothing.

Houston: I think that the fabric of the entire story is rather weak.

Kotb: And what’s the principal tenet of your defense?

Houston: He didn’t do it.  It’s that simple.

For now, Chaz Higgs awaits trial while the Augustine family awaits answers. 

Greg Augustine: There were a lot of things that point the dirty end of the stick at Chaz Higgs.  But we live in the United States of America. And he’s certainly innocent until proven guilty.  And the detectives have to do their job. At this point, I’m convinced that they will.

And in Nevada, there’s fascination with one of the most bizarre cases in state history.

Smith: Basically, the standard statement is “This sounds like a bad Hollywood movie.”  And it does. It doesn’t make any sense. It doesn’t make any sense for anybody killing Kathy.

An alleged crime no one would have known about if not for a co-worker taking action and calling police...

Kotb:  So that phone call, the timing, everything was critical to your investigation.

Det. David Jenkins, Reno PD:  Absolutely, were it not for this individual coming forward, I think it’s entirely likely that this death would have never been recognized as a homicide.

Kotb: It could have been the perfect crime.

Det. Jenkins: I think it’s very likely it would have been.

And last summer after her death, Kathy’s name remained on the ballot in the Republican primary and she received nearly one fifth of the votes cast for state treasurer. 

Never one to give up, Kathy Augustine’s life in politics had ended up lasting longer than her natural life.

Kotb: Heidi, overall, when you sit back and look at this picture, everything that happened: what’s the first thing that comes into your head? The first thought?

Smith: It didn’t happen. The first thing I think of - it was just a bad dream.

Chaz Higgs’ trial on first-degree murder charges is expected to start in July. Again, he has pleaded not guilty.

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