AKRON -- Summit County Prosecuting Attorney Sherri Bevan Walsh is filing a motion Thursday, asking Judge Mary Margaret Rowlands to sentence John Edward Wise on manslaughter, a lesser-included charge of his conviction, and one firearm specification instead of on aggravated murder, his highest conviction, and one firearm specification.
Judge Rowlands will sentence Wise at noon Nov. 18.
"What Mr. Wise did was illegal and very dangerous. He killed someone, and he endangered the lives of everyone in that hospital," said Walsh. "However, the minimum punishment for aggravated murder with a firearm specification is life in prison with the earliest parole possibility after 23 years. As prosecutors, it is our duty to seek justice. In light of the unique facts of this case, a shorter prison sentence is just."
A jury found Wise, 68, guilty of aggravated murder, murder and felonious assault, all with firearm specifications, on Nov. 8. Wise shot his wife in the head, killing her, as she recovered from an aneurysm at Akron General Medical Center in August 2012.
When charges merge for sentencing purposes, as they do in this case, Ohio law dictates that the State elect the charge for which the defendant is sentenced.
The State typically requests that the judge sentence on the highest conviction. If sentenced on aggravated murder, Wise faces life in prison with parole eligibility after 23 years. If sentenced on manslaughter, Wise would be sentenced to six years in prison.