It seems your biggest counter argument is that "it's not revelent towards my hypothetical scenario", the fact is, your scenario isn't relevant to begin with, involing the death penalty as a whole. Now, if we focus solely on your scenario, should he get the death penalty? It comes down to a matter of opinion. I'd say majority would say no, however if he did manage to kill the wife intentionally, then that opinion would most likely change to a yes. Anyway, I fail to see what you're are trying to accomplish with this thread approaching all valid replies with inadequate responses.