HARRIS COUNTY, Texas – The Harris County District Attorney’s Office has confirmed in a filing on Friday that they will not be seeking the death penalty against Lee Gilley, who is accused of killing his pregnant wife.
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What we know:
According to the court filing, “The State of Texas officially notifies the court that it will not seek the death penalty against the defendant.”
The court filing added, “As the court properly noted during the September 14th status hearing held by the 497th District Court, ‘If it was a death penalty case, it would have raised its head well before.’”
The filing also stated that defense counsel Dick DeGuerin acknowledged to the court that the state was never seeking the death penalty and that the Italian court has misinterpreted Texas law in their extradition assessment.”
The filing added that the state has notified the Court of Appeal of Turin (where Gilley is currently in custody) through the United States Government that it will not seek the death penalty.
“Nevertheless, the State files this unusual notice because the defendant continues to falsely insist to the Court of Appeal of Turin that he remains subject to the death penalty notwithstanding the State’s decision not to seek that punishment.”
The state ended the filing saying, “It is our hope that this notice will put an end to the defendant’s charade so that he can be tried by a jury or judge in the United States and the victims receive the justice they deserve.”
The backstory:
Authorities were called out to Allston Street on October 7, 2024, in a Houston Heights neighborhood.
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According to police, Lee Gilley called EMS claiming his wife committed suicide, but her injuries contradicted his story.
Hospital physicians and the medical examiner said her injuries were consistent with strangulation. Court documents state Lee Gilley intentionally caused his wife’s death by applying pressure to Christa Gilley’s neck and upper back.
Gilley posted a $1 million bond.
However, prosecutors alleged Gilley cut off his ankle monitor, used forged documents, and fled to Italy while out on bond.
The U.S. submitted a formal request to extradite Gilley initially, but defense attorney Dick DeGuerin said the Italian courts wanted assurances that Gilley would not face the death penalty or life in prison without the possibility of parole, if convicted.
DeGuerin said Italy will not extradite someone who could face the death penalty and may also refuse extradition if the defendant could receive life without the possibility of parole.
“Frankly, I don’t think the government can because the only two punishments available for the crime he’s charged with, if he’s convicted — and keep in mind he has maintained his innocence, he did not kill his wife, he loved his wife — but if he were convicted under the charges now, the only possible punishments are death or life without the possibility of parole. And neither one of those are acceptable to Italy,” DeGuerin said.
What’s next:
It’s unclear when Gilley may be extradited back to Harris County as the Court of Appeal of Turin will likely need time to review the filing made on Friday.
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