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Judge considering whether to freeze dead doctor’s assets

Son claims stepmother killed Dr. Forsberg and ransacked his estate

By Jonathon Shacat
Herald/Review
Published/Last Modified on Wednesday, Sep 10, 2008 - 05:23:07 am MST

BISBEE— A Cochise County Superior Court judge is considering imposing an order to protect the assets of a Sierra Vista radiologist who was killed by a gunshot in Sierra Vista last month.

Dr. Gary Forsberg, 61, was shot Aug. 15 after 9 p.m. in his home when he and his wife, Beverly Forsberg, 67, were handling a gun.

The physician died later at Sierra Vista Regional Health Center.

The incident is still under investigation, said Officer Tracy Grady, spokeswoman for the Sierra Vista Police Department.


Dr. Gary Forsberg


Gregory Forsberg, the son of Gary Forsberg, is seeking a court order to prevent Beverly Forsberg from accessing any retirement funds or other money held in wealth management accounts, as well as his estate, including any real property, automobiles, bank accounts and personal property.

In court documents, Sierra Vista attorney Joel Borowiec, who is representing Gregory Forsberg, claims the killing of Gary Forsberg by Beverly Forsberg was “intentional.”

Borowiec states the plaintiff and his witnesses can show Gary Forsberg had expressed concern about the amount of money being spent by defendant Beverly Forsberg, and that Gary Forsberg had said Beverly Forsberg had threatened to shoot him.

But Tucson attorney Gerald Maltz, who is representing Beverly Forsberg, points out in a court filing that his client has not been arrested or charged with any crime in the “accidental” death of Gary Forsberg.

“Based on his pleadings, this lawsuit is Gregory’s attempt to acquire for himself Mrs. Forsberg’s property and an estate which Dr. Forsberg did not leave to him in his will,” Maltz states.

A hearing was held in Division 2 court on Monday regarding the requested court order to freeze the assets. Judge Stephen Desens is reviewing the case and should make a decision soon.

During a phone interview Tuesday, Michael Piccarreta, a Tucson attorney who also is representing Beverly Forsberg, declined to make any statements on the pending ruling, but he said his client is cooperating fully with the investigation into the death.

“It is a sad commentary when people start filing lawsuits and trying to get money while Mrs. Forsberg is still trying to go through the grieving process. The fact that a lawsuit was filed within days of his death while we are still trying to sort everything out is at best unseemly and at worst greedy,” he said.

“We are confident the investigation will show that this is a sad, accidental tragedy,” he added. “It is unfortunate that people are trying to profit from the tragedy, but I guess some people are like that.”

Borowiec declined to comment on the case on Tuesday.

Maltz did not return a phone call seeking comment on Tuesday.

Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net. Herald/Review reporter Derek Jordan contributed to this story.



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    Old Flame iin FL wrote on Jan 11, 2009 9:54 AM:

    " Gary was a wonderful man. He loved his son beyond measure. His son is doing what is right. Gary probably thought he had plenty of time to do his will. Hopefully the son will get what he is entitled to. What I think is puzzling, is that they were "handling a gun" together. How is it that they were handling a gun, and it was pointed at his abdomen, and it dischaged? "

    Timer wrote on Sep 18, 2008 7:31 PM:

    " I doubt that the SVPD has any investigators capable of doing a through investigation. They should have called in the state investigators. "

    Concerned Citizen wrote on Sep 17, 2008 5:29 PM:

    " Timer, you cant rush an investigation like this, you don't want it to end up like Ojay's Investigation. "

    Timer wrote on Sep 16, 2008 8:41 PM:

    " It has been a month since the good doctor was shot, and the crack investigators from the SVPD, still don't have a clue. If I was the son, I would have hired an investagator long ago. "

    simplyme wrote on Sep 16, 2008 9:24 AM:

    " to Understanding: File NOW because assets can be liquidated in a jiffy and boom out of country. A wrongful death suit has not been filed. Right now only a bond is set. Murder is a criminal case not civil. Doesn't the state have to file that? "

    Not good judgement wrote on Sep 16, 2008 9:04 AM:

    " Dr. Forsberg and his first wife were divorced and he and his current wife had been married 11 years. Dr. Forsberg would not be in possession of any of his ex-wife's heirlooms or possessions so 'good judgement', your arguement that Gregory may be attempting to get items of his mothers, is not valid. "

    Good Judgement wrote on Sep 15, 2008 4:07 PM:

    " Having been thru closing a couple of family estates, even families who consider themselves tight experience problems when it comes to heirlooms and finances. Combined that with the suspect conditions under which his father died, he did the right thing. The son has a right to at least his mother's possesions (if there is anything left of them). "

    Understanding wrote on Sep 15, 2008 10:50 AM:

    " A wrongful death suit is justifiable in this case but I don't see the benefit of filing it so quickly after the death. Why not wait until after the police have completed their investigation so that all facts are available for him to use? If no charges were brought up against the widow, the son would still have additional information to use in the civil case which is much easier to win. Clearly there is more to the story than what the public is hearing. "

    Harsh wrote on Sep 14, 2008 11:39 AM:

    " Could be the son is protecting the assets, because he knows more of what happened. "

    BettyR wrote on Sep 14, 2008 6:17 AM:

    " Thoughts and prayers to the family and each person feeling the grief of this tragic loss. May God bless you with the strength, guidance and comfort to help you through this incredibly difficult time in your life. B.R. "

    Response to Wow wrote on Sep 13, 2008 5:02 PM:

    " "Wow" - channel 4 was unable to reach the widow or her lawyers for comment so they only had one side and said so. If you think people are being too harsh on Gregory, look at it from an outsiders point of view. The accident was LESS than a month ago and he's already dragged his step mother to court trying to keep her from having ANY assets? Talk about harsh! "

    ransacked wrote on Sep 13, 2008 11:58 AM:

    " simplyme, I know the definition of ransack but the heading leaves much to imagination so detail should have been provided. Same goes for the two lawyers. One may be civil, one criminal, but the Herald should have noted that. This case isn't noteworthy only to those who know the family, it has captured the attention of the entire community and beyond. For those not privvy to 'inside information' we prefer to get info from the Herald rather than the rampant rumors flying about town and appreciate accuracy. "

    simplyme wrote on Sep 12, 2008 8:15 PM:

    " yes I think the Dr. would want his son to fight, he is fighting for what his father cannot. To "ransacked"....ransack means to loot, seek aggressively, pillar etc etc. Maybe there isn't a NEED for two lawyers but maybe the widow wants two, maybe one for estates and one for criminal...maybe they're in the same office...to "not rich by any means", the son isn't a minor that needs supporting but he sure has the right to protect what his father worked diligently for. I don't know Gregory but I say, follow your heart and what your dad taught you. "

    prayers for all wrote on Sep 12, 2008 6:04 PM:

    " To 'former dr.coworker' - Reading your comment it is clear that you are devastated by such a great loss and prayers are with you. Dr. F was a great man. He loved his wife and his son very much. I'm sure he would be greatly saddened to hear anyone speaking ill of either of them. It appears that it was simply a tragic accident and unless an investigation shows otherwise, we need to honor Dr F by supporting his family as he would have wished. "

    Casual Observer wrote on Sep 12, 2008 4:47 PM:

    " What a mess. I'm saddened to think that anyone would feel the need to file a lawsuit so quickly after a death, but trust the son has his reasons. I met the Dr. and his wife and noticed what a wonderfully loving couple they were. Nobody knows what relationships are like behind closed doors, but on the outside, it is impossible to even consider the notion that this was anything other than a very tragic accident. Prayers to the widow and the son and all those suffering. "

    former dr. coworker wrote on Sep 12, 2008 12:33 PM:

    " To "many questions" Unfortunatly you don't know the situation. I believe Dr F would want his son to fight!!! You obviously never dealt with or met the wife. You must first know ALL the history and family before assuming it can be figured out without a judge. In this case it CAN'T. I am so glad that Gregory is fighting for what should be his. Gregory, YOUR FATHER WAS A GREAT MAN!! I hope justice is service quickly "

    ransacked wrote on Sep 12, 2008 7:03 AM:

    " What does the Herald mean by the son claiming the wife 'ransacked' the estate? At the time of the shooting was the house torn apart? The way the heading is worded it leaves much to the imagination so clarification would be much appreciated. There is also mention of two lawyers representing the widow in this case. Why is there a need for two lawyers in a civil case? Each article that comes out tends to fill the mind with more questions than answers. "

    Many Questions wrote on Sep 12, 2008 5:59 AM:

    " This story says the wife threatened to shoot the Dr. If true, why would he stay with his wife? Wouldn't he have filed a police report? Why couldn't the son and widow agree to not liquidate any assets until the investigation was complete? Filing a lawsuit only ensures that the lawyers will end up with the assets! The son should drop the case and deal with the widow directly. The Dr. wouldn't want his son and wife fighting or spending his money on legal bills. "

    Good call Herald wrote on Sep 11, 2008 5:31 AM:

    " Compassion - The doctor is dead. The Herald was absolutely right. Maybe you are one of those republican supporters that need sugar coating because the truth hurts, but the fact is the Herald was correct and proper in what they did and how they addresses the issue. "

    simplyme wrote on Sep 10, 2008 9:33 PM:

    " I would be sad and bitter too....Gregory had lost his mother and now father. Gregory was in the Dr.'s life longer than Beverly, some of those assets likely came from Gregory's mother and could include family heirlooms. There is a reason there was no report on the status of this investigation, as drama lovers requested...ongoing investigations needs to be thorough. Releasing any information would defeat the purpose of it all. Mae Cox-where does this article say anything about supporting Gregory? And how do you know what the will says? How sad for everyone involved. "

    Langer wrote on Sep 10, 2008 8:44 PM:

    " I agree the assets should be frozen in this case and in any other case where the investigation involves heirs to the deceased. Unfortunately having lots of money isn't always a good thing. "

    Obvious wrote on Sep 10, 2008 5:08 PM:

    " It is pretty obvious Mae Cox is a fake proponent of the wife and making sure his assets dont "walk away" before the investigation is completed is a just action in my opinion. "

    compassion wrote on Sep 10, 2008 3:38 PM:

    " "Judge considering whether to freeze Dr. Gary Foresburg's assets". He still has a name,put yourself in his family's place. That headline just slapped me in the face. "

    Are you kidding wrote on Sep 10, 2008 3:12 PM:

    " I am all for following a will, but if the person named in the will IS at fault doesn't that make things a bit more suspect. The kid is only trying to protect his family's assests. As for the "dead doctor" line... couldn't the Herald be a little more tactful???? "

    words wrote on Sep 10, 2008 3:02 PM:

    " Should they have said "deceased physician"? "

    good action wrote on Sep 10, 2008 1:12 PM:

    " Until any criminal charges are fully cleared, then this is appropriate action. Like the other comment said, too many unanswered questions. To not protect the assets would be a terrible judicial precedent. "

    Not rich by any means wrote on Sep 10, 2008 12:51 PM:

    " Hey, Mae Cox, I say it IS the dad's responsibility to "support" him in the event of his death. It was the choice of Dr. Forsberg, or any other father for that matter, to bring a child into this world, intentional or not. Any asset should go to the children first before any other relations. Gregory has every right as the son to file a lawsuit at any time during the "grieving process". Agree with me or not, giving assets, or most of it, to offsprings first is just the right thing to do. "

    Ok wrote on Sep 10, 2008 10:06 AM:

    " Perhaps the son isn't being greedy but fighting for what is right? Obviously there needs to be more investigation. He only wants the assets frozen, it doesn't say he is saying GIVE IT ALL TO ME! "

    zippy wrote on Sep 10, 2008 9:58 AM:

    " what is wrong with the term "dead doctor"? that is exactly what we are talking about here... "

    Iris Lynch wrote on Sep 10, 2008 7:40 AM:

    " Well according to the opening sentence of this article he was killed "by a gunshot". Clearly the gun is at fault! "

    get real already wrote on Sep 10, 2008 7:11 AM:

    " "dead doctor's"? How VERY tactful and professional. When is the Herald going hire some real reporters or at least proofread before posted or printed??!! "

    Wow wrote on Sep 10, 2008 6:57 AM:

    " A bit harsh on Gregory don't you think!! ONLY son of Dr. Forsberg!! The channel 4 news report paints a different picture! I'm also a bit offended by Gary being referred to as "dead doctor"! "

    Concerned Citizen wrote on Sep 10, 2008 6:45 AM:

    " I hope they do freeze his assets. There are too many unanswered quetions here. "

    Mae Cox wrote on Sep 10, 2008 6:16 AM:

    " Gregory Forsberg should be ashamed what his greed has let behavior judgement show what a sad person with no compassion in his heart that he is. he is one really sad bitter person. It is not the responibilty of his dad to support him. What his dad earned should be left to whom his dad's legal papers state he wants it to go to. "

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