‘Loving’ son smothered his 89-year-old mum with a wet flannel as ‘an act of mercy’ then tried to take his own life

A man who smothered his frail mum with a wet flannel at their South London home has been spared jail. Kevin Pearce, the sole carer for Eileen Pearce for more than a decade, killed the 89-year-old on June 3 2021, then attempted suicide. Just after 3pm the next day, the 60-year-old called 999 and told the call handler ‘I suffocated her’.

Police raced to Barton Close, in Bexleyheath, on June 4 and found Pearce injured and ‘shaken’, with Eileen’s fully-clothed body tucked into her bed with flannels around the bedroom. Pearce admitted suffocating his mum because she was in pain and had dementia, telling officers he said ‘You go, I go’ before he ‘used a wet flannel and pushed’, prosecutor Jack Talbot told the Old Bailey.

During his arrest, he told police he killed his mum ‘to put her out of her suffering’, then said he attempted suicide because ‘I thought it was only fair if I did that to my mum, I had nothing to live for’, Mr Talbot told the court.

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Pearce – described by the judge as ‘overwhelmed’ and seeing death ‘as the only solution’ – tended to his mum, keeping good on his promise not to send her to a care home as she battled osteoporosis, undiagnosed dementia, and a short visit to hospital with delirium in April 2021. His brother Terry, who painfully cared for his own wife as she died, pleaded for ‘compassion’ from the court.

In a rare case where a killer is not sent to prison, on Thursday (March 28), Pearce cried as he was released from the dock with a two year sentence suspended for two years. Live evidence from two forensic psychologists, who said Pearce was in grips of a depressive episode, and pathology reports, that showed he had not killed his mother violently, proved enough to convince the judge the killing had been ‘an act of mercy’. In the end, Pearce left the Old Bailey, not in a prison van, but under an umbrella.

‘It’s all got too much’

During a search of Eileen’s house, police discovered a note in a chest of drawers, written by Pearce. In it, he said: “I’m sorry but it’s all got too much… Mum’s health, dementia, and delirium after her recent hospital stay has really been so difficult to deal with… Last night was just the final straw…

“That is not living, that is not my brave, beautiful, bright mum who gave up everything for her boys… In the end I have given her release… I accept that and I have no regrets… I have just reached the end of everything.”

After his release from hospital, Pearce told police he could not remember much about the afternoon, but said the note was ‘in his own words’. Pearce also told police Eileen was ‘a tough old cookie’, so ‘when she was in pain she was really in pain’ and her health conditions meant she was liable to broken bones.

He later described the ‘cumulative’ effect of caring for her and how he had changed her underwear three times on the night before her death. “It’s like a domino effect, and your whole stack of dominoes has fallen over,” he said. Later he also spoke about sending emails to friends to ‘keep up appearances’, Mr Talbot told the court.

When detectives asked if Eileen had ever asked to be killed, he said ‘yeah, no, no comment’. He was then asked if they had ever spoken about ending her life, to which he replied ‘No comment’, and then ‘It was not the sort of thing we talked about’.

A post-mortem found Eileen died of respiratory failure brought on by asphyxiation, and evidence of 21 rib fractures and neck compression. Confronted with the evidence at his home, Pearce made no comment before he was charged with murder on March 2 2023.

However, extra pathological evidence casted doubt on the injuries being the result of a violent assault. One doctor said there was evidence of ‘long-term sympathetic care’, while another concluded the fractures had to be taken in the context of bone fragility. Pearce’s plea of manslaughter by diminished responsibility was accepted by the prosecution on November 17 last year.

‘Depressive episode’

Working down from a four year starting point, Pearce’s freedom hung on the opinions of two forensic psychologists, who concluded his judgement had been impaired by his mental health. Professor Nigel Blackwood said Pearce’s responsibility was ‘at the lower end’ because he was suffering a ‘depressive episode’ which was triggered by the strains of giving Eileen round-the-clock care.

“He was in the middle of a depressive episode that arose in the context of his long term struggles to look after his mother alone, and her long decline with dementia. There was, at the time, subsequently, impairment in his ability to exert rational judgement and control,” Prof Blackwood told the court.

The professor also referred to Pearce’s note, which showed ‘clear suicidal ideation’, and rejected the idea any adverse findings could be made about his loss of memory. “It’s so common in such cases for individuals to lack an entirely clear memory of an event of such a traumatic death,” he said.

The defence also called their own witness, Dr Bradley Hillier, who told the court there had been ‘a decline in Mr Pearce’s function’ in the days before he killed his mum. “His thoughts were increasingly nihilistic about the future- and it was clear by the time of the facts he was in a real low point of really not being able to see any future,” said Dr Hillier.

The doctor also said Pearce’s ‘disordered thoughts’ may have led to some confusion about him being the person he was caring for. “It can be the case the identity of the vulnerable person is wrapped up with the person who is severely mentally ill,” said Dr Hillier. He also questioned if Pearce had been ‘aware of reality’ and suggested he may have been borderline-psychotic with the belief Eileen was already dead.

‘An act of mercy’

Calling for a suspended sentence, defence counsel Katy Thorne KC said Pearce had reached ‘crisis point’ in a ‘tragic but highly unusual case’ against the backdrop of ‘extraordinary sacrifice and dedication’ for his mother. She said her client had been ‘tipped over the edge’, and claimed by killing his mother it was ‘almost a suicide of himself’.

“Mr Pearce did kill his 89-year-old mother, but in, the throes of a depressive episode in the context of a whole loving, caring, relationship with her,” Ms Thorne said. “This was a very well cared for lady that was smothered, and that was it.”

Ms Thorne also referenced the opinions of Prof Blackwood and Dr Hillier, whose both agreed Pearce was ‘near insanity’. Asking Judge Alexia Durran to spare Pearce immediate custody, she added: “We say that really an unusual course the court can take in this case because of all the reasons set out.”

Judge Durran made it clear ‘mercy killing’ is not a legal exemption to homicide, but considered Pearce’s ‘very strong personal mitigation’ and the opinions of the psychologists. She accepted Pearce was ‘on the border of psychotic belief’ due to sleep deprivation and acute chronic stress, and that his amnesia about the smothering was genuine.

“I’m satisfied you were overwhelmed by the situation you found yourself in, and you decided the death of both of you was the only solution to the position you both found yourself,” she told Pearce. “You were in a position of trust and you did kill her… But you did not assault her beyond the act which led to her death. Your actions can be characterised as an act of mercy.”

Pearce was given a two year sentence suspended for two years, an 18 month mental health treatment requirement, 30 days of rehabilitation activity requirement, and 240 hours of unpaid work.

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