DA: Lancaster man won’t be charged in wife’s death

The Associated Press

LANCASTER — Prosecutors say a central Pennsylvania man accused of having assisted in his wife’s death with a prescription drug overdose will not be charged with homicide.

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Sixty-year-old Philip Benight is charged in Lancaster County with a second-degree felony count of causing or aiding suicide in the death of Rebecca Benight.

LNP newspapers reports that a spokesman for the district attorney’s office said Monday that the charge won’t be amended or changed to include homicide. He said there isn’t enough evidence to indicate that the woman didn’t have the capacity to make decisions on her own.

Authorities allege that Benight gave his wife vanilla pudding mixed with prescription medication on Jan. 22. They were found unconscious in a parked car at their home and revived, but she died Jan. 30.