A man who's been accused of maliciously killing his wife has an interesting defense argument. And, even though he doesn't remember the actual crime, he, his attorney, and even the prosecutor's agree that his low blood sugar made him do it.

It’s pretty official. Everyone agrees that Herbert Peck did, in fact, kill his wife. Afterall, he was found cowering in the closet after he shot her several times. But, the amazing thing is it seems everyone is also buying his defense argument.

WSOC reports that both prosecutors and his attorney agree that it was his low blood sugar that led to that fatal shooting.

“We have four experts to say that Mr. Peck’s blood sugar was so low when he woke up in the middle of the night that he probably was never fully conscious,” said his defense attorney, Victoria Jayne.

Glenda Peck’s son was in the courtroom on Monday and he pleaded with the judge to not let Herbert out on bond.

“You guys are literally letting an individual back onto the streets that has taken a life,” Scott Hardin said.

But, the judge disagreed and set Herbert’s bond at $35,000. The judge is also allowing Peck to travel back to Rochester, N.Y. to live with his son until the trial. But, it’s not as great as it might sound. He can’t leave his son’s home and they must hire in-home care.

No trial date has been set as of yet.



http://charlotte.sunne.ws/2011/11/01/killer-my-diabetes-made-me-do-it/

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This story was on the 13 WHAM (ABC) news in Rochester tonight. One of the newsmen went to the home of Mr. Peck's son and talked to him through the door. Mr. Peck told the newsman all the possessions he's lost since shot his wife. The newsman said "What about your wife?"

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I don't think I buy that. I have been whacked out of my gourd on insulin (among other things...) innumerable times and didn't kill anybody. It's an interesting defense strategy though. I wonder if the prosecution needs an expert test pilot? "what was his BG? OK give me about 1/2 hour and you can interrogate me and see if you think I can formulate some intent..."
I don't presume to know all the facts about the case, and I never second-guess juries or lawyers or judges, but I do know that some people have hallucinations and get violent when very low, so it's not outside the realm of possibility that he hallucinated that his wife was an intruder and therefore shot her. My only problem with this article is the title: "My Diabetes Made Me Do It". No, it WASN'T his diabetes, it was an out-of-control low blood sugar, which is not the same thing. The title makes it sound like diabetics themselves are dangerous, and does a grave disservice to the enormous majority of us who do not experience such events. It's the extreme rarity of this which made it newsworthy in the first place.
That's true and, while I would admit to having had hallucinations and done a few odd violent things (pounding head on the floor, jumping over couches and the people sitting on them, spitting orange juice at people, etc...) I am not entirely buying the defense. What "evidence" do they have? BG readings from a meter? The prosecution could probably make a decent case about how inaccurate meters are while they are at it. I'd certainly be willing to work with them for oh, I dunno, maybe $500-700 an hour or something like that? Admittedly, I don't have an MD but I'm sure I could at least muddy the waters enough to help trump the *experts* on the other side?
I agree with Natalie. To the best of my knowledge, I have never shot anyone when low but I have done some odd stuff. One time I remember testing my BS when my alarm went off & I was low - that was the last thing I remember that morning. I woke up several hours later sitting on the living room floor but I had the blinds open, CNN on and coffee made - don't remember doing any of that. I know some people get mean.

Him worrying more about his possessions than his wife though makes you wonder if he really was low and is just using that as an excuse to kill his wife.
I agree that odd things happen when low - been there, done that - but I think one would have to have some propensity towards violence to shoot someone. Kelly made coffee and turned on the tv, ar spit and headbanged, yada yada. I know I get either cranky or silly, and I've done some pretty weird stuff, but I don't think I'd go so far outside my 'self' that I'd shoot someone.

Natalie, I agree - we know almost nothing of the facts. I sure would like to know more! This is absolutely horrible PR!
Well, there ARE paranoid people around, and some of them must have diabetes. A low BG could definitely play into an already existing paranoia. But yes, we really don't know all the facts, and all I could possibly put a judgment on is the headline.
After my cousin got divorced, he slept with a gun under his pillow because he thought his ex was going to try to kill him - fortunately he isn't diabetic so didn't have any gun accidents!

I guess if the guy had a gun in his house, did he keep the gun for protection or was he a hunter? If it was protection, I could see him pulling the trigger if he was out of it. I was banging on the walls when I was low.
I just found this on the 13WHAM news website, gives more information and shows the interview:

http://www.13wham.com/news/local/story/Admitted-Killer-Moves-To-Spe...
Whew, "no firearms in the house"
That gave me a laugh!
OK, he's also being treated for dementia and “a number of medical issues” and was on medication before his arrest. Medication could be anything. They say nothing about whether his D is better controlled; I don't see how he can say "I can guarantee there's nothing to be concerned about." ?

I frankly can't blame the neighbor for being concerned that he might have 'one of those spells'. I'd love to see a follow-up article about D, including some discussion that he has other conditions. Gotta say it again... what horrid PR.
Sorry -- I just have to say, what an awful excuse!!

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