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Mercy killing or murder?

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    Ohio man charged in shooting death of wife

  • Duration 3:11
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Was it mercy or was it murder an Ohio man is being -- aggravated murder after police say he was shot and killed he shot and killed his wife of 45 years.

At a hospital icu now friends of John Wise claimed he and his wife promise to not -- each other end -- disabled in a nursing home.

And why is -- -- well he says his client acted out of love so can that defense keep him out of prison.

Perfect -- today we're joined in this very tough emotional case 54 prosecutor defense attorney.

John -- billboard and criminal defense attorney pull our principal are with you what kind of case we looking at here from your perspective.

We're looking at mercy killing case and there is room in our -- offer.

Compassion and kindness when you got cases like tests.

When you have a situation in the facts of -- have far do you got a man and 45 year marriage where friends and neighbors say that he was a good loving devoted husband.

This is a man who gave to charity and love animals walks into a hospital room.

Where the hospital staff said that he was a common visitor at his wife had he been sitting by her bedside.

And shoots her -- got to stop and take a look at what's going on and show compassion to this man.

This is not the type of person who should be treated as if he's a comment callous murder -- -- -- simply doesn't fit and we're looking at mercy killing -- You recognize that.

-- you know he may love animals but you can't cheat your spouse like one even if your spouse gets gravely ill you don't have the right to put her down like she's a lame horse.

Now -- may play a factor in mitigating this from -- to something else but -- -- in the hospital she was hooked up to I don't know -- -- hooked up to life support -- being -- Ford and that it would like she -- -- home which you can feed -- lying in her -- felt she was being cared for you can't issue -- from what -- been -- ahead and call -- a mercy -- while you could say -- she was terminal correct.

She was they describe it as gravely disabled and maybe she was terminal and I'm sure.

Support he would have had every right to say pull the plug and letter go.

Shooting her in the head as a whole different story is he putting her out of her misery I was or some other motivating factor here did -- not -- pay for an elongated hospital -- there are more quite.

In an imminent Madonna and there's there's not evidence that says that I I don't know what you mean answers at this point.

I do you agree don't -- that so far the facts haven't born out to say that and -- -- -- are in the big pictured it with the best he can hope for.

Well he's going to be charged there's no question about it but if you look juries across the world -- times acquitted people like -- there could certainly be a -- down to a lesser sentence I mean you can't look at this man as if he's the as the everyday -- I'm not suggesting that we can lock -- -- simply -- people of course we can't.

But anybody who -- ever.

Watts a loved one suffer and go through this -- my understanding is she heading your isms and her brain horrible horrible.

Situation for this man of 45 years to watch his wife.

I think that the sentence and the police certainly gonna reflect back.

And and -- -- used worried also about a trend here.

Everybody else who feels is that their spouses trouble that's where we could be adding yet why they get to decide right -- its billboard and pull our prince thanks so much thinking right now.