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 about 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 at the time. The Harris County Medical Examiner’s Office ruled that she died from neck compression in a homicide. Gilley has pleaded not guilty.
Authorities allege that Gilley removed his ankle monitor on May 1 and left Texas shortly before his trial was scheduled to start. According to court records, he reached Milan Malpensa Airport in Italy using a false name and forged travel documents before Italian authorities arrested him.
Lee Mongerson Gilley and his defense attorney, Ed McClees, right, are shown in the 497th District Court at the Harris County Justice Center, 1201 Franklin, Thursday, Oct. 17, 2024, in Houston. He is charged with capital murder in the death of his wife, Christa Gilley. (Melissa Phillip/Houston Chronicle via Getty Images)
Gilley’s U.S. attorney, Dick DeGuerin, previously told News Media that Italy sought a written assurance that prosecutors would not pursue the death penalty before weighing his extradition. Italian authorities could also require guarantees that Gilley would not receive a sentence of life without parole, DeGuerin said.
In a Friday court filing obtained by News Media, the Harris County District Attorney’s Office said 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,” the filing states.
Harris County prosecutors also accused Gilley’s Italian lawyer, Monica Grosso, of giving the Turin Court of Appeal misleading information by claiming that a life-without-parole sentence could not be commuted.
Lee Mongerson Gilley, 39, is accused of murdering his wife, Christa Bauer Gilley, and their unborn child in Houston in 2024, according to KPRC. (Christa Bauer Gilley/Facebook)
“Should he be sentenced to life without parole, the defendant would be eligible for commutation consideration,” prosecutors wrote. “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 Gilley’s extradition was delayed again, according to DeGuerin, who spoke with News Media.
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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 also said the defense believes Christa had a blood disorder and that blood found in the couple’s bedroom was inconsistent with the prosecution’s 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.”
Prosecutors allege Lee Mongerson Gilley killed his wife, Christa Bauer Gilley, who was nine months pregnant, in Houston in 2024. (Christa Bauer Gilley/Facebook)
Anne Bremner, who advocated for Amanda Knox during her detention in Italy, said Gilley made a “very smart choice” by fleeing to a country that does not have the death penalty.
“It was a very smart choice for him to flee to Italy of all countries because they do not have the death penalty. They won’t extradite if a death penalty is on the table,” Bremner said.
Bremner said removing the death penalty from the case “would be enough for the Italians to allow him to come back to Texas,” although she acknowledged that Italian courts could impose additional requirements.
Defense attorney Ed McClees and his client, Lee Mongerson Gilley, appear in the 497th District Court at the Harris County Justice Center in Houston on Oct. 17, 2024. Gilley is charged with capital murder in the death of his wife, Christa Gilley. (Melissa Phillip/Houston Chronicle via Getty Images)
Bremner cautioned that the case could establish a troubling precedent for other defendants facing capital murder 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.”
Gilley will have another hearing at the Turin Court of Appeal on Oct. 7.