Texas prosecutors told an Italian court they will not seek the death penalty for a man accused of killing his pregnant wife and fleeing the country. The decision came as his trial was due to begin and removes a major obstacle to his extradition to the United States.
Lee Gilley, 39, is charged with capital murder in the October 2024 death of his wife, Christa, who was nine weeks pregnant. The Harris County Medical Examiner’s Office ruled that she died from neck compression in a homicide. Gilley has pleaded not guilty.
Authorities allege Gilley removed his ankle monitor on May 1 and left Texas shortly before his scheduled trial. Court records say he traveled to Milan Malpensa Airport in Italy using a false name and forged travel documents before Italian authorities arrested him.
Gilley’s U.S. attorney, Dick DeGuerin, previously told Fox News Digital that Italy sought a written assurance that prosecutors would not pursue the death penalty before considering his extradition. Italian authorities could also seek guarantees that Gilley would not receive a sentence of life without parole, DeGuerin said.
In a Friday court filing obtained by Fox News Digital, the Harris County District Attorney’s Office confirmed that it will not seek the death penalty against Gilley. However, prosecutors did not rule out life without parole as a potential sentence.
“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, and that a judge or jury could assess the death penalty notwithstanding the State’s decision not to seek that punishment,” prosecutors wrote.
Harris County prosecutors also accused Gilley’s Italian lawyer, Monica Grosso, of misleading the Turin Court of Appeal by claiming that a person sentenced to life without parole could not have that sentence commuted.
“Should he be sentenced to life without parole, the defendant would be eligible for commutation consideration,” prosecutors said. “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 Turin Court of Appeal held a hearing on Sept. 7, but DeGuerin told Fox News Digital that Gilley’s extradition was delayed again.
At a July 15 hearing before the Turin Court of Appeal, Gilley said he was seeking protection in Italy, according to NBC News. The court blocked the extradition request during a July 20 hearing.
Grosso has also argued that Christa suffered from a blood disorder and that blood found in the couple’s bedroom was inconsistent with prosecutors’ account of her death.
“I am seeking protection in Italy,” Gilley said. “They want to punish me, and I am asking for protection for myself and my children.”
Anne Bremner, who advocated for Amanda Knox during her detention in Italy, told Fox News Digital that fleeing to Italy was a “very smart choice” for Gilley because the country does not have the death penalty.
Bremner said Italy generally will not extradite a suspect when the death penalty remains a possible punishment, making the country a strategic destination for someone facing a capital charge.
Bremner said removing the death penalty from the case could be enough for Italian authorities to approve Gilley’s return to Texas, although she cautioned that the courts may impose additional conditions.
She also warned that the case could create a troubling precedent for other defendants facing capital charges.
“There’s potential for somebody to look at that and say, ‘Well, I guess I could do that too and flee the death penalty that’s on the table.’ And the answer is yes, because obviously in this case, he jumped bail, had forged documents and made it all the way to Italy before he was caught,” Bremner said. “And he’s not going to face the death penalty, where it clearly was on the table, or should have been, under the law in Texas.”
