A Texas woman has escaped being charged with negligent homicide after she killed her husband with a sherry enema.
But Brazoria County District Attorney Jeri Yenne said the charges had been dismissed due to a lack of evidence.
She said the dead man had had a "severe alcohol issue" and it was not clear his wife had committed a crime.
"Let's say I have lung cancer and I continue to smoke. If you provide cigarettes to me, is that negligent homicide?" Ms Yenne asked.
"I really wrestled with the consent issue and negligence issue. I didn't think it rose to the level of negligent homicide."
Michael Warner, a machine shop operator, died at the couple's Lake Jackson home on May 21, 2004.
According to a post mortem report, Mr Warner had been given an enema containing enough sherry to produce a blood alcohol level six times the legal driving limit.
At the time his wife was indicted, Lake Jackson police detective Robert Turner said Michael Warner was a longtime alcoholic who sometimes used enemas to get drunk because a medical condition made it painful for him to drink.
Warner claimed her husband had been addicted to enemas since he was a child. She said he often used alcohol in that manner to get drunk.