BUFFALO, N.Y. — An elderly Cheektowaga man admitted in court to assaulting his wife with a hammer in her nursing home. 

Martin Turkiewicz, 88, pleaded guilty Thursday to second-degree assault, a lesser charge than the assault and attempted murder charges initially faced. Turkiewicz admits to attacking his 86-year-old wife Rita, and hitting her in the head several times with a claw hammer at the Garden Gate Rehab Center on Union Road in September.

Rita suffers from dementia, and Martin's attorney said in a past court appearance that his client was trying to put his wife out of her misery after caring for her for many years. He also cared for the couple’s 64-year-old son, who is blind.

Turkewicz will be sentenced in February, and could face up seven years in prison. Erie County District Attorney John Flynn says he will seek jail time, but is trying to be merciful in a difficult situation.

"He tried to kill her. He tried to end her life. I have a responsibility to society where I can't allow that to happen. I can't allow a precedent to be set here and just let him walk free," Flynn said. "He has to pay for his crime, but at the same time, I don't want him to die in jail. I have some compassion for what happened here."

Turkiewicz remains out on bail at home under 24-hour supervision from his daughter, who resides out of state.  He's been ordered to stay away from his wife, except for supervised visits on Thanksgiving, Christmas Eve and Christmas Day.

As part of the plea deal, prosecutors have asked the order of protection to continue for five years after his sentence with some visits allowed under third party supervision.

Rita Turkiewicz was released from the hospital shortly after the attack. She continues to recover in the Garden Gate rehab facility.