In an interesting case out of Oklahoma County, prosecutors have dismissed the murder charge against a man who walked into a police station and confessed to killing his wife.
In August 2015, Jimmy Andrew Hankins walked into an Oklahoma City police station and said he had to confess to his wife's murder because he "could no longer live with the guilt" of killing her. Hankins reportedly told authorities that he had become tired of caring for his ill wife, who suffered from dementia and other medical conditions. He confessed that, in July 2014, he smothered her with a pillow before a therapist was scheduled to arrive so that the death would appear to be from natural causes. Police say he told them that he had previously tried to kill her through other means, including doubling her prescription medications and unhooking her oxygen, but when those methods failed, he relied on suffocation to end her life.
Police arrested Hankins, who then recanted his confession less than 24 hours after his arrest. Hankins said he was suffering from psychotic delusions and that he did not kill his wife, who had, in fact, died in July 2014.
The case against Hankins was complicated because there was no body to corroborate or disprove his confession. Because the woman's death was determined to be from natural causes, there was no autopsy. After her death, the woman's body was cremated.
After Hankins's arrest, First Assistant District Attorney Scott Rowland said, "It is possible to prosecute a homicide when you don't have a body. Prosecuting a murder case when there is no body is basically the same [as when there is a body]. You just look at the evidence to prove the unlawful death of a human being and that the unlawful death was caused by him." Rowland said a body is "a key piece of evidence," but "not essential."
However, since that time, the absence of a body has proved to be a critical sticking point in the case. During the investigation, prosecutors have been unable to uncover any evidence that would corroborate Hankins's August 2015 confession: there was no physical evidence (body) to corroborate homicide; there was no doctor who could say the woman's death was unexpected; there were no witness who could testify that they heard Hankins discussing any plans to end his wife's life. Without corroborating evidence, prosecutors were forced to dismiss the case.
Rowland said of the dismissal, " This case isn't being dismissed because he no longer stands behind his confession. This case is being dismissed because I believe we are ethically and legally required to do so. Our best efforts for a year have failed to produce evidence to corroborate his confession, which is required under the law."
However, the prosecutor furthers that there is no statute of limitations on murder, so if corroborating evidence ever surfaces, the District Attorney's Office will refile the murder charge against Hankins.
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