Katherine Mae Simpson killed herself last September during a heated argument with her husband James Simpson, the Louisville (Ky.) Courier-Journal reported Monday.
Ryan Vantrease, who represents James Simpson, said the tragedy of Katherine Simpson's death is made worse by officials charging his client.
"There's no crime that's been committed here," Vantrease said. "When she pulled that trigger, that was a decision that she made."
Officials say at some point in the couple's argument, Katherine Simpson said she wanted to kill herself.
Her husband told police he retrieved a gun from his truck in the garage and gave it to his wife. Prosecutors say Simpson then dared her to shoot herself.
Simpson told police he had given her a gun "on several different occasions, but this time the gun
Prosecutors said state law provides for a murder charge in cases in which someone acts recklessly and with extreme indifference to human life.