There is an interesting case out of Miami where Valerie Jenkins, 56, has been charged with manslaughter after she allegedly handed her husband the gun with which he committed suicide. Robert Jenkins, 51, told her that he wanted to die and, when she threw him the gun, he proceeded to make good on the threat.
She told police that she was fed up with her husband’s threats and reportedly threw him the pistol in exasperation. He then shot himself.
The question is, if this account is true, would it constitute a crime. There is a 9-11 call where Valerie Jenkins reportedly told the operator “he had never actually asked her for it while they were arguing.”
The prosecutors have waited over two years to bring the charges — perhaps a reflection of the uncertainty of such charges. A wife could have legitimately believed that she was going to “call his bluff” and force him to come to grips with his conduct. He presumably could have retrieved the gun himself at any time. It was kept in their bedroom dresser and she took it out and removed it from its zipper bag. It is hard to see where the line is drawn here. What if she did not retrieve the gun but instead encouraged him verbally to do it and end his bickering? They had been married for two years and continually fought with each other, according to published reports. Presumably, words alone could not sustain such a charge. In this case, she added the action of retrieving the gun but it was her husband who elected to use it.
What do you think?
Assuming the husband/wife argument is privileged, and she didn’t force him to pull the trigger, I’m not really seeing how she could be held accountable.
Just because she gave him the gun, he didn’t have to use it!
If she gave him the keys to the car and he ran the car into a wall, would she be charged for manslaughter? Probably not, but because a gun is involved it’s treated differently.
No, I am not a member of the NRA and I am not a member of any politically-related party regardless of their drink of choice. I am for personal responsibility and the consistency of the application of law. In this case, this woman would not be charged if a car was used to commit suicide so why should she be charged if it was a gun?
Woosty,
Thanks!
In the Jenkins case the “assisted suicide” wouldn’t be considered euthanasia, would it?
I don’t know where this is going to go:
Caffeine OD made me kill wife: Kentucky man
Man says excessive caffeine from sodas, energy drinks, diet pills rendered him temporarily insane
Read more: http://www.cbc.ca/world/story/2010/09/20/kentuckey-murder-trial-caffeine-defence.html#ixzz105qBoT98
Elaine,
Florida has a law which specifically prohibits assisted suicide.
Fla. Stat. § 782.08. Euthanasia is prohibited in Florida under
the general homicide laws.
mIKE:
his idea on right to death is good but he seems anti-life overall. I saw an interview and was rooting for him on the you own your own life segment but then he got into how he didnt like life and he generally sounded pretty whacky.
only in Florida………..
I have a couple of questions:
1. Is there a law on the books in Florida that states that committing suicide or attempting suicide is a crime?
2. Isn’t manslaughter the unlawful killing of another person?
3. If the answers to questions 1 and 2 are “yes”–then, if the powers that be felt Valerie Jenkins should be prosecuted–shouldn’t she have been charged as an accomplice to a crime since she provided her husband with the gun but didn’t pull the trigger?
I don’t even understand the crime that is supposed to have taken place here.
If I was on the jury she would walk. She should have walked out on her now dead mate after the first emotional blackmail suicide threat.
“While I don’t foresee suicide as a viable option for me, I can’t say that it shouldn’t be a viable option for others.” (Mike Spindell)
Exactly … all my life I have tried to figure out why certain adult folk have to tell other adult folk how to live (or not live) their lives. I may know what is best for me but I sure as hell don’t know what is best for you and why in the world would you listen to me anyway?!
Excellent guess, Mike. But then again your guesses are always educated guesses correlated by experience.
While professionally I had intervened successfully in at least 3 suicides, I’ve never understood the laws against it. In my case it was in a professional capacity and not only was I duty bound to intervene, but I believed I had a reasonably chance to help the person cope with life. One of these people later died from a drug overdose, which certainly is closely akin to suicide.
That the State can intervene and determine that someone does not have the right to terminate their own life is ludicrous. While I don’t foresee suicide as a viable option for me, I can’t say that it shouldn’t be a viable option for others. Dr. Kervorkian seems somewhat crazy to me, but his ideas really aren’t.
In this case it would seem that the wife was constantly being manipulated by suicide threats, a not uncommon occurrence and finally called what she thought was his bluff. The involvement of law enforcement is intrusive and wastes energy that could be put to better use elsewhere. Somewhere in the zealotry of the LEO’s pushing the case lies those with religious motivations, or at least that’s my guess.
“She told police that she was fed up with her husband’s threats and reportedly threw him the pistol in exasperation.”
= no reasonable belief the action would lead to husband’s death.
Myth: Guns don’t kill people, people do.
Fact: Both guns and people kill; guns make it easier.
http://www.huppi.com/kangaroo/L-gunskill.htm
“She told police that she was fed up with her husband’s threats and reportedly threw him the pistol in exasperation. He then shot himself.”
sounds like someone has a lot of time on their hands to waste it on this.
Don’t the prosecutors in Florida have enough to do? The gun was easily accessible and, since they “They had been married for two years and continually fought with each other…”, if the husband was inclined toward suicide, the gun was easily available to him any time he wanted to use it.
Any couple who fights enough to have it publicly known has serious problems and something is going to give, sooner or later. The fact that this happened 2 years ago and the prosecutor is just now bringing charges seems mean spirited at best. Is this for political gain? Is there an election coming up? Is he running for office or pushing a particular agenda?
And this prosecution serves no purpose except to waste time and taxpayer dollars. It won’t protect society and it won’t teach this woman any lesson she doesn’t already know.
How suitable she is as a life partner is not for the courts to determine.
Tom
These are unusual cases and the Hemlock Society should involve its self in some manner. You say two years before charges were brought….
I think if someone is intent on ending ones life then why should the state get involved. Specifically Dr. Jack, but what do I know about this issue?
On a sadist side. Why do men die first……because they want to…..
if the woman just gave him the gun, she may be a mean witch but she didnt pull the trigger, she isnt libel for anything except bad judgement and a lack of compassion. But even compassion has its limits.
I believe she should be held accountable in some way… but i’m not sure how… You should never tell a suicidal person to “just do it” or hand them a gun… it makes them feel like u don’t care, thus giving them more reason to commit the act… a suicidal person is not in their right mind…if he repeatedly made such threats, maybe she should have tried to get him help rather than baiting him…