MANOR TOWNSHIP (KDKA) — A Pennsylvania man accused of helping his wife commit suicide will reportedly not be charged with homicide.

Lancaster Online reports 60-year-old Philip M. Benight, of Manor Township in Lancaster County, was charged with the second-degree felony count of causing or aiding suicide in the death of his wife, Rebecca.

A Lancaster County District Attorney’s Office spokesperson announced Monday that homicide would not be added to that list of charges.

Rebecca Benight was rushed to the hospital after eating pudding mixed with prescription medicine he gave her in January. She died about a week after being hospitalized.

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Spokesman Brett Hambright says the district attorney’s office has been reviewing information regarding Rebecca Benight’s state of mind before her death.

“As we understand, Ms. Benight would have at least had instances when decision-making was clear and of her own will,” Hambright reportedly said in an email to Lancaster Online. “Our interest is whether she would have had the capacity to make decisions on her own…At this point, we do not feel that we have enough evidence to indicate she would not have.”

The charge of causing or aiding a suicide carries a maximum penalty of up to 10 years in prison and a $25,000 fine.