ALBUQUERQUE (KRQE) - The son of an Albuquerque elderly woman, found on her filthy deathbed, wants his brother to face tougher charges for her death because he was her caretaker.
Tom Knoll said while he can't prove his brother killed their mother on purpose he knows his brother sure did not do much to keep her alive.
Police found Harriet Knoll, 91, in July 2011, naked, unconscious, two breaths away from death in a 90 degree room filled with her feces at her home in the heights.
Knoll's brother Doug Knoll stayed with her as her caretaker. Police said Doug Knoll was also supposed to be taking care of the four dogs found dead at his other home near downtown.
"He's charged with four counts of cruelty to animals and resident neglect, petty misdemeanor. The charges are heavier on the dogs," Knoll said.
That has Knoll outraged.
"She had gangrene up to her left knee…on her left leg up to her left knee and both hands had gangrene," Knoll said.
All the while, Knoll said his brother was draining their mom's bank account.
"He started taking out $200 at a time. Two hundred dollars twice a week and then towards the end he was taking out $500 to $600 twice a day," Knoll said.
Knoll said his brother should face tougher charges. He said when he asked the District Attorney's Office they told him that bumping up the charges would be difficult.
"She says it's to difficult to prove intent," Knoll said.
Knoll questions if intent is really needed in a case like this.
‘I think its much like the somebody who goes to a party, has too much fun, goes out and kills a family on the highway -- they didn't mean to the do that they were having fun, but that's not a petty misdemeanor," Knoll said.
Knoll said the same scenario could be said about his brother Doug.
"I think the point is she didn't have to die the way she did," Knoll said.
Knoll said he doesn't know who to blame for what he calls lenient charges for his mothers death.
The D.A's office did not want to comment until it could get a hold of the prosecutor handling the case.
There is another status hearing set for Doug Knoll this month but as for right now there is no trial date.