A lawyer for the estate of Charla Mack wants a judge to impose a divorce settlement that was being negotiated with her estranged husband, who is accused of stabbing her to death in June.
In a motion filed in Washoe District Court, attorney Egan Walker said that even though the agreement with Darren Mack was never signed, it should be enforced and made part of Charla Mack's estate.
Darren Mack, 45, remains jailed on charges of first-degree murder for Charla Mack's death. He is also charged with attempted murder for allegedly shooting Family Court Judge Chuck Weller, who was handling their bitter divorce.
The criminal trial is scheduled to begin Oct. 1.
Darren Mack's civil lawyer, Mark Wray, has until Friday to file his opposition.
Wray said that any discussions or disputes over the settlement agreement ended when Charla Mack was killed. He said it makes no
sense to set up monthly payments for a divorce settlement when one
spouse is no longer living.
Under the settlement proposal, Darren Mack was to pay Charla Mack $480,000 cash within 48 hours after it was signed by Weller. He also was to pay her $500,000 in monthly installments of $10,000 from his retirement account for five years.
Before filing for bankruptcy in August 2005, Darren Mack told the Wells Fargo Bank he was worth about $10.6 million, including his 50 percent ownership in Palace Jewelry & Loan Co. His bankruptcy report put his worth much lower.
In his motion, Walker told Third Judicial District Judge David Huff, who was assigned to the case, that the divorce settlement should be legally binding.
Walker said Charla and Darren agreed to the plan verbally during a Jan. 9 hearing before Weller. Walker said Weller also ordered the agreement into place during a hearing May 24, over objections from Darren Mack, who said it should not move forward because all the parties involved, including his mother, Joan Mack, were not willing to participate as planned.
"Apparently Charla and Darren had conversations soon after the May 24, 2006, hearing wherein Mr. Mack made clear his intention to avoid paying the monies he was obligated to pay by his agreement under any circumstances," Walker said in his motion.