Harris County DA drops death penalty bid in Lee Gilley murder case amid Italy extradition fight
The Harris County DA will not seek the death penalty against Lee Gilley, charged with strangling his pregnant wife. Gilley is fighting extradition from Italy.
Harris County DA waives death penalty as Gilley contests extradition from Italy
The Harris County District Attorney's Office will not pursue the death penalty against Lee Gilley, accused of the capital murder of his pregnant wife, according to a court filing reported by houstonpublicmedia.org.
In a "state's punishment notice" filed Friday, District Attorney Sean Teare stated that his office "will not seek the death penalty" against Gilley, 40.
Gilley was charged with capital murder in Harris County in 2024. Prosecutors allege he strangled his wife, Christa Dauer Gilley, who was pregnant at the time. He posted a $1 million bond in late October of that year and was released from custody.
The filing comes as Gilley has spent several months in Italy contesting his extradition to the United States. In May, he was reportedly arrested in Turin after allegedly using fraudulent travel documents to travel first to Canada and then to Italy. He remains in Italian custody.
In July, Gilley's attorney Dick DeGuerin told Houston Public Media that the extradition had stalled because the Italian court was questioning whether Gilley could face the death penalty if returned to the US — a punishment Italy does not have.
"As I understand it, the Italian court has asked the U.S. Department of Justice for clarification of the punishment options facing Mr. Gilley — that is, whether the only possible punishment, should he be convicted, is death or life in prison without the possibility of parole," DeGuerin wrote in an emailed statement. "Texas law provides that upon conviction of capital murder, those are the only sentences."
DeGuerin did not immediately respond to a request for comment following the DA's announcement.
In Friday's filing, Teare argued that the Italian court "has misinterpreted Texas law." He also noted that if Gilley were convicted and sentenced to life without parole, he could still "be eligible for commutation" under Texas law.
"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," Teare wrote.
According to the Houston Chronicle, an Italian court hearing on Gilley's extradition is expected to take place in October. Teare's office declined to comment further, citing a gag order.
Source: Google News MT — Crime (en)