A state appeals court today upheld the first-degree murder conviction of Roswell Gilbert, who told jurors he killed his terminally ill wife of 52 years out of love.
The 4th District Court of Appeal affirmed the verdict issued last May by a Circuit Court jury. Gilbert was sentenced to a mandatory minimum of 25 years in prison.
Gilbert, a 76-year-old retired engineer, is serving his time at the Avon Park Correctional Center. His attorneys filed the appeal in October.
He said he shot his wife, Emily, in March, 1985, to end her suffering. She had Alzheimer’s disease and osteoporosis.
The appeals court said that ruling on the mercy-killing issue was not its job. The opinion said that decision should be up to the legislative branch of government.
Gilbert’s attorneys can appeal the decision to the Florida Supreme Court.