it would be the first murder case for prosecutor christopher hicks who along with veteran d.a.vince the jury that chaz higgs had deliberately killed his wife, nevada state controller kathy augustine, by injecting her with a lethal drug. >> he took the time to load up a syringe full of a devastating drug. he took the time to plan that and inject his wife with it. and then to stand there while she basically suffocated. >> to prove their case prosecutors first had to show that succinylcholine killed kathy augustine. the fbi toxicologist who tested kathy's urine said she had no doubt that succinylcholine was in her system at the time of her death. >> i ran this urine sample three times. i found the drug there all three times. >> based on the fbi's findings, this pathologist determined the cause of death. >> it is my opinion that kathy augustine died from succinylcholine toxicity. >> but if the drug was in her body, how and when did it get there? the pathologist pointed to this mark on kathy's left hip as a possible injection site and said there was no evidence that it had occurred