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Man, 86, gets probation in Ariz. mercy killing

By BRIAN SKOLOFF, Associated Press |
March 29, 2013 |

PHOENIX (AP) — There was no doubt 86-year-old George Sanders killed his ailing wife. Yet everyone in the small Arizona courtroom — the prosecutor, the judge and even the couple's family members — agreed it was a time for compassion, not punishment.

"My grandfather lived to love my grandmother, to serve and to make her feel as happy as he could every moment of their life," Sanders' grandson, Grant, told the judge, describing the couple's life together as "a beautiful love story."

"I truly believe that the pain had become too much for my grandmother to bear," he said, while Sanders looked on during the sentencing hearing Friday and occasionally wiped his eyes with a tissue as relatives pleaded tearfully for mercy.

Sanders was arrested last fall after he says his wife, Virginia, 81, begged him to kill her. He was initially charged with first-degree murder, but pleaded guilty to manslaughter in a deal with prosecutors. Still, he faced a sentence of up to 12 years.

His wife, whose family called her Ginger, was diagnosed with multiple sclerosis in 1969, and was forced into a wheelchair soon after. She and Sanders, a World War II veteran, moved from Washington state in the 1970s for Arizona's warm, dry climate.

George Sanders became her sole caregiver. He cooked for her, cleaned the house, did laundry, put on her makeup and would take her to the beauty salon where he'd hold her hands up so she could get her nails done.

Eventually, though, his own health deteriorated. He had a pacemaker put in, and Virginia was diagnosed with gangrene on her foot. She was set to be admitted to a hospital, then likely a nursing home where she would spend the remainder of her life.

"It was just the last straw," Sanders told a detective during his interrogation shortly after the shooting at the couple's home in a retirement community outside Phoenix. "She didn't want to go to that hospital ... start cutting her toes off."

He said his wife begged him to kill her. "I said, 'I can't do it honey,'" he told the detective. "She says, 'Yes you can.'"

Sanders then got his revolver and wrapped a towel around it so the bullet wouldn't go into the kitchen. "She says, 'Is this going to hurt?' and I said, 'You won't feel a thing,'" he said.

"She was saying, 'Do it. Do it. Do it.' And I just let it go," Sanders added.

In court Friday, as Sanders awaited his fate, his son told the judge the family never wanted him to be prosecuted.

"I want the court to know that I loved my mother dearly," Steve Sanders said. "But I would also like the court to know that I equally love my father."

Breaking down at times in tears, he explained how his parent's spent 62 years together, and his father took care of his mother day in and day out.

"I fully believe that the doctor's visits, the appointments, the medical phone calls and the awaiting hospital bed led to the decision that my parents made together," he said. "I do not fault my father.

"A lot of people have hero figures in their life, LeBron James ... some world class figures ... but I have to tell you my lifelong hero is my dad," he told the judge, sobbing.

George Sanders, wearing khakis and a white sport coat, spoke for only a minute about his deep love for his wife.

"Your honor, I met Ginger when she was 15 years old and I've loved her since she was 15 years old. I loved her when she was 81 years old," he said, trembling.

"It was a blessing, and I was happy to take care of her," Sanders continued. "I am sorry for all the grief and pain and sorrow I've caused people."

Prosecutor Blaine Gadow also asked the judge not to sentence Sanders to prison, instead recommending probation. "The family very much loved their mother," Gadow said, noting the "very unique, difficult circumstances of this case."

"I don't know where our society is going to go with cases like this, judge," he added. "At this point in time, what Mr. Sanders did was a crime." However, he said, "No one in the courtroom has forgotten the victim in this case."

As family members took their seats and Sanders stood trembling at the podium in the courtroom, Judge John Ditsworth spoke softly, staring at the defendant from just a few feet away then sentenced him to two years of unsupervised probation.

Ditsworth said his decision "tempers justice with mercy."

"It is very clear that he will never forget that his actions ended the life of his wife," Ditsworth said.




I am happy the court ruled the way that they did. Others might disagree. What do you think?

The way I see it: What he did was illegal. He was tried, convicted and received his punishment. Justice was served. Case closed.

I wish they'd throw the records out on this one though, it more than likely will be used as a precedent in other cases that won't deserve this type of consideration.

Technically you're correct, it's a crime.

However if we could treat our elderly with the same compassion we can treat our animals, it wouldn't be.

My concern was that the precedent would be used frivolously and tie up the courts by those actually deserving of prison time.

I know Jack Kevorkian has to be thinking " aint that some crap?" LOL

That is ,if he is even alive himself

I agree with the ruling wholeheartedly.

What's the point of locking up an elderly man who isn't a risk to the society around him?

My views on prison or jail are that it should be reserved for those who simply cannot function in normal society without harming others.

Outside of that, there's plenty of other more productive means of punishment or a semblance of rehabilitation.

There's no one I would trust more than my wife to help me end my suffering, but I would not let her do it because of the grief she would receive for helping me.

I would trust her WAY more than I would a doctor.

I think it's sad that the man had to resort to that. I know it's a touchy subject, but I fully believe that assisted suicide should be legal. It should be tightly regulated with doctors, psychiatrists, etc. to make sure the person is willing and understands the consequences of what is about to happen. It should be tightly regulated, but it should exist. At some point, a person has to have control of their life and if they decide that living with some life-crushing illness is too much to bear, competent professionals should be there to assist. It shouldn't come to the point where a husband of 60+ years has to do it because his wife can't handle the pain anymore.

Just my .02

I'm glad this guy wasn't put in prison. Most of us won't have to worry about this kind of thing...by the time we're that age our government will gladly pull the trigger. It's cheaper than prolonging our suffering.

Sad story. But one we may all face at some point should we live long enough.

Not looking forward to this at all.

jc

interesting as my family and I are going through this and discussing this tonight. My grandmother, who is approaching 90, has stage 4 breast cancer, which has spread into her spine and 1 of her lungs. After taking a turn for the worse last week, she has declined any more treatment. She has been moved to hospice and now we wait for the end.

It's painful to watch her in her condition. She is heavily medicated to ease the pain, but that keeps her sleeping most of the time. We can't talk to her. Death is inevitable. But this could go on for days, possibly even weeks. Tonight while visiting we discussed this very topic. We all agreed, if there was a legal way to end this, we would. Whats the point in prolonging this?

I feel for you. My grandmother went through something similar. The last time I visited her, she didnt know who anyone was. It was very painful for her and our entire family.

I believe justice was served in this case. I just don't see any way to codify something like this into law because every case poses it's own set of circumstances and there just doesn't seem to be any way to say that the circumstances are X then you can have a mercy killing but if they are Y then you cannot... because there are an infinite number of X and Y scenarios..