Gilbert v. State

487 So.2d 1185 (1986)

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Nature of the Case

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Facts

Roswell Gilbert (D) was found guilty of the murder of his wife, Emily. The couple was married for 51 years, and D was 75 at the time of his sentence. Emily suffered from osteoporosis and Alzheimer's disease. Emily was in a lot of pain and declared on at least one occasion in front of other witnesses that she was so sick she just wanted to die. There was evidence to show that D was very kind and attentive to his wife. Things had gotten much worse in the last two years, and D took her to the hospital, but she insisted on returning home. A few days later, after returning from lunch, D gave her four Percodan tablets. D went to a condo meeting, and she followed him a few minutes later. D took her back home sat her on the couch, and she pleaded for help. D got his gun and shot her in the head to stop her suffering, but he had to shot her again to kill her. D then called the security guards to confess the killing. D testified that they had never discussed his killing her. D also admitted to knowing that it was against the law to put an end to her suffering. Evidence was presented to show that Emily could have lived another 5-10 years even with her condition. D was convicted to 25 years and appealed.