Accused of kidnapping and murdering an elderly man, now the suspect pleads to lesser charges. It has the victim's family frustrated and looking for justice.
According to a police report, the 71-year-old man was assaulted and held against his will for days.
Last week, Evelyn Goldsmith pleaded guilty to aggravated assault and battery. Not the murder charge Birdsall's family wanted.
“I want to know what happened to the kidnapping charges, the extortion charges, even if this woman was to be found not guilty of murder she should have had a book worth of charges against her for what she did to my dad,” said Paul Birdsall.
Paul Birdsall now spends most of his days in a hospital room battling stage four cancer.
It gives him time to think about his father's legal battle that Birdsall feels his father lost.
“He didn't deserve this, he didn't deserve this at all,” he said.
Last September, Paul Birdsall Senior told police he was held captive for nearly two weeks by Evelyn Goldsmith.
Court documents say she stabbed a screwdriver in his back and forced him to drain his bank account.
He finally escaped when Goldsmith left the house.
At the hospital Birdsall's family found him bruised and beaten, suffering from a brain bleed.
That ultimately killed Birdsall Senior, and his family says the bleed came from a phone Goldsmith threw at him.
“How'd she get away with all this? How do you kill an elderly upstanding Vietnam hero and get 10 years?” said his son.
The prosecutor says the amended charges came down to what they could prove and without Birdsall Senior living-- that became a challenge.
They couldn't prove Goldsmith caused the brain bleed or whether he was kidnapped.
“She has no conscious. She couldn't. He was a good man, he was a kind man,” said Birdsall’s son.
As part of Goldsmith plea deal, she was sentenced to 10 years in prison and must serve a minimum four of those years.