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Criminal Law Keyed to Lee
Gilbert v. State
Facts
Gilbert (defendant) was 75 years of age and married to Emily Gilbert for over 50 years. The couple lived in a condo in Florida. Emily Gilbert suffered from a number of aliments including Alzheimer's and Osteoporosis, which kept in her constant agonizing pain. Various witnesses testified at trial that they would see Emily crying and looking very sick, and that her condition had continued to deteriorate over the years. Emily became very dependent on her husband, the defendant. At one point, the defendant took Emily to the hospital, but she became upset and wanted to go home. The next day, the couple went out to lunch as they routinely did and when they returned home the defendant gave Emily her pain medication, but it failed to work, and Emily remained in pain, saying “somebody please help me.” The defendant testified that he knew he had to help his wife and the only way he was able to help her was to shoot her in the head and he wanted to end her suffering, regardless of the consequences. The defendant was found guilty of first degree murder and sentenced to life in prison. Under Florida statute § 775.082 the mandatory minimum sentence for first degree murder was 25 years.
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