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Last Updated: Thursday, 14 June 2007, 14:35 GMT 15:35 UK
Wife killer, 88, freed from jail
Herbert Powell
Powell was found to have high levels of calcium in his blood
An 88-year-old man from Devon has been freed from jail after he admitted stabbing his 86-year-old wife to death in a "mercy killing".

Herbert Powell, of Strete, near Dartmouth, was sentenced to three years in jail but was released as he has already served 19 months in custody.

At an earlier hearing, Herbert had admitted manslaughter on the grounds of diminished responsibility.

The judge at Plymouth Crown Court ruled he was not a danger to the public.

When sentencing, Judge Francis Gilbert QC quoted statements from neighbours who described the pair, who were married for 65 years, as a "devoted and loving couple".

"You had an uneventful life until on November 3, 2005 you tragically stabbed her to death," Judge Gilbert said. "Why, after 65 years, is unclear."

The pensioner, who served in the Army during World War II and had no previous convictions, was arrested after he crashed his car in November 2005.

Cat dead

The court heard officers went back to his bungalow home in Hyne Town, Strete, and found the body of Mrs Powell in bed.

She had suffered head injuries, a cut wrist, and a single stab wound to the chest.

The Powells' house
The couple's cat Digger was found dead on the bed

There were photographs on the bed and a crucifix and the couple's pet cat Digger was also dead.

Powell beat his wife around the head with a rolling pin, slashed her arms with a knife and killed her with a stab wound through the heart, the court heard.

It was a "mercy killing" as Powell thought his wife wanted to die as she was suffering pain from arthritis.

Prosecutor Robert Linford said that after Powell crashed his car he was almost incoherent and said that he wanted to die, wanted to speak to a priest and wanted "to be with Digger".

Herbert told police that he thought his wife had wanted to die after she was screaming at him to "make the pain stop".

Defending, Michael Fritter QC said Powell had suffered from an excess of calcium in the blood which could have caused problems with his mental state. He had also suffered a mild stroke.




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