Cancer-Patient Death Ruled Homicide

A revised coroner’s finding has declared a homicide in the death of a cancer-stricken man whose gun-wielding son took a hospital nurse hostage at gunpoint and forced the removal of his respirator.

Prosecutors said they still had not decided whether to charge Edward Baker, 37, of Richmond with murder.

“It is one of the factors that will go into our final decision,” Contra Costa County Dist. Atty. Gary Yancey said. “We should have our final decision next week.”

Two days after Edward Baker Sr., 69, died Dec. 21, the coroner’s office determined that the cause was cancer of the esophagus. But it officially declared the death a homicide Wednesday.

“The bottom line is the classification of homicide because of the removal of life-support systems,”’ said Capt. Al Moore of the coroner’s office. “That’s our finding based on the medical history and what we found at the autopsy.”

But Deputy Dist. Atty. Robert Hole said the coroner’s finding “is not binding in court” and does not automatically call for a murder charge.

Baker threatened to kill a nurse in the intensive-care unit at Brookside Hospital in San Pablo unless his father was allowed to “die with dignity,” police said.

The patient had been in a coma for 12 days after undergoing surgery. He died shortly after his mechanical respirator was removed, and then the son surrendered to police.

The accused, so far charged only with assault and false imprisonment, was freed on $10,000 bail. A preliminary hearing is set for March 4.