Judge drops homicide charge for man who survived a carbon monoxide suicide pact with his mother because 'there is no evidence of malice'

• A judge has dropped a homicide charge against 30-year-old Koustantinos 'Gus' Yiambilis in the April death of his 59-year-old mother, Karen
• Judge Albert Cepparulo in a ruling Tuesday says he found no evidence of malice on the son's part
• Yiambilis is still charged with two felonies, aiding in suicide and risking a catastrophe and remains in custody on $500,000 bail
• The defense says Yiambilis 'embraces the idea' of counselling as a term of a plea deal
• Authorities responding to fumes at their Bensalem apartment found the mother dead and the son disoriented from carbon monoxide poisoning
• Both the mother and son had medical, emotional and finical problems when they decided to end their lives on April 7

By Associated Press

Published: 14:46 EST, 24 September 2014 | Updated: 23:48 EST, 24 September 2014

A Philadelphia-area man who survived a suicide pact that left his mother dead will not face a homicide trial.

A Bucks County judge has dropped a homicide charge against 30-year-old Koustantinos 'Gus' Yiambilis in the April death of his 59-year-old mother, Karen.

Judge Albert Cepparulo in a ruling Tuesday says he found no evidence of malice on the son's part.

Yiambilis is still charged with two felonies, aiding in suicide and risking a catastrophe.

He remains in custody on $500,000 bail. 

SCROLL DOWN FOR VIDEO

Homicide charge dropped: Judge Albert Cepparulo in a ruling Tuesday dropped a homicide charge against 30-year-old Koustantinos 'Gus' Yiambilis (pictured) in the April death of his 59-year-old mother, Karen

Suicide pact: Both Karen and Gus had medical, emotional, and finical problems when they decided to end their lives on April 7 by carbon monoxide poisoning 

Authorities responding to fumes at their Bensalem apartment found the mother dead and the son disoriented from carbon monoxide poisoning.

Investigators say the room was taped shut while a gas generator ran.

Defence lawyer William Goldman Jr. says justice was served because his client did not kill his mother.

'Gus loved his mom. The most important person in Gus' life was his mom,' Goldman said. 

'There was no reason for him to take the life of his mother other than their joint decision that they were going to God together.'

Both mother and son left suicide notes. One read, 'The negativity in this world is too much for us to deal with, we are sorry but we wish not to deal with it anymore. We are going home to God.' 

Philly.com reports that Goldman argues that under the state's criminal code, a person cannot be charged with a criminal homicide or causing someone's suicide unless it was done by 'force or deception.'

Court documents quote Deputy District Attorney Alan J. Garabedian as saying that there was enough evidence to bring the case to trial due to the level or carbon monoxide in the home and the fact that Gus told police he refilled the generator when it ran out of gasoline.

Goldman told reporters he hoped a plea deal would be reached on October 6.

Goldman told reporters that despite not being charged with murder, Yiamblis could still serve time.

Assisting in a suicide can warrant a sentence of three to 12 months and risking a catastrophe can cause a sentence of probation to three months.

Reckless endangerment against another person is merely a misdemeanor.

Goldman said that Yiambilis 'embraces the idea' of counselling as a term of a plea deal.

Both the mother and son had medical, emotional and finical problems when they decided to end their lives on April 7.

Goldman told reporters that both were unemployed and suffered from health problems. The son suffered from an anxiety disorder and also suffered brain trauma.

The mother had fibromyalgia, an autoimmune disorder that causes full body pain.

They also had medical debt which may have led to eviction.

Left suicide notes: The pair left notes detailing their sadness for living and their desire to end the suffering in their lives such as their medical debt and chronic pain from illness and trauma 

Sorry we are not currently accepting comments on this article.