Court documents reveal new details of Sebena case

CREATED Aug. 5, 2013 - UPDATED: Aug. 6, 2013

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  • Cody Holyoke reports. Video by wtmj.com

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  • Charles Benson reports. Video by wtmj.com

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MILWAUKEE - New court documents from the defense indicate this tragedy was the result of a wounded warrior who killed 68 people in Iraq including a child, and suffered from mental issues and a brain injury.

We know Benjamin Sebena admitted killing his police officer wife, now we are learning why he says he did it.

A week before the murder Ben told his Jen he would likely kill himself and she would not be able to stop him.

The Iraq war veteran believed his psychological condition was sucking the life out of him and Jen. 

Ben was diagnosed with Post-Traumatic Stress Disorder and Traumatic Brain Injury after two tours of duty.

Jen reportedly responded that she would kill herself if he committed suicide.

That allegedly set the groundwork for his plan to kill Jennifer while she was at work on Christmas Eve.

Ben believed from his Christian faith that people who commit suicide don't go to heaven. He wasn't worried about himself if he committed suicide but he wanted to make sure "Jen got to heaven." 

While a psychiatrist says that decision was not rational, in Ben's mind it was "...one more heroic act. He killed her to be sure she would go to heaven." 

Ben claims he tried to kill himself shortly after the murder but two pistols did not discharge.

He then reportedly planned a shootout with officers at his house and hoped they would shoot him. 

The court documents also include a long letter from Ben's parents who ask for mercy for their sick son. Ben in his illness thought he was helping his wife and didn't expect to come out of this situation himself alive.

Those who knew Officer Sebena are reacting to Benjamin’s defense.

"It's just a tragedy all the way around, and I'm hopeful once he is sentenced, that provides some closure for this,” says Brian Dorow, the Dean of Criminal Justice at Waukesha County Technical College.

Dorow tells TODAY’S TMJ4 the law enforcement community is watching this case closely.