Lack of intent argued for silk necktie killer

CINCINNATI, May 27 (UPI) -- An ex-convict who admits slaying an 83-year-old Cincinnati man during a burglary should not be convicted of a death penalty-eligible crime, his lawyers say.

Attorneys for Roger Tucker said Tuesday he didn't mean to kill Herbert Abraham last year when he wrapped a necktie around Abraham's throat after being surprised by the elderly man while burglarizing his apartment, The Cincinnati Enquirer reported.

Tucker's attorney, Perry Ancona, told Hamilton Çounty, Ohio, jurors considering a count of aggravated murder -- which would carry a sentence of capital punishment -- they must weigh the definition of "intent" when deciding whether Tucker should be convicted of that crime or a lesser murder charge.

"The issue is whether it was his specific intent to kill (Abraham)," Ancona said, while assistant prosecutor Gerald Krumpelbeck countered by asserting, "There's only one reason in this case for that necktie to be tied around (Abraham's) neck and you all know what that reason is. It's to kill him."

Authorities say Tucker had only been out of jail a short time when he entered Abraham's condominium seeking items to sell for drug money.

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