This is an update to a story El Tejano first reported on September 19. https://www.eltejanorgv.com/lee-gilley-ran-from-texas-he-ran-before-his-murder-trial-now-prosecutors-say-they-will-not-seek-the-death-penalty-against-him/

A court in Italy has partly said yes to sending Lee Gilley back to Texas. The court is in Turin. It ruled on Monday, October 19. It said yes for murder. It said no for capital murder.

Gilley is from Houston. He is indicted for capital murder. It is for the October 2024 death of his wife, Christa Gilley. She was pregnant. Her maiden name was Bauer. He has pleaded not guilty. He is still in an Italian jail.

Here is what the order says, based on a translation.

Italy wanted a promise from Texas of no death penalty. The court found the promises "adequate."

That left life in prison with no parole. That is the only other choice for capital murder in Texas. The court ruled that it breaks the Italian constitution. The court wrote that it takes away any real hope of release. It said the aim is to shut a person out for good.

So the court said yes only to murder. In Texas, murder is a first-degree felony. That can mean 5 to 99 years or life in prison. The order notes that parole is possible. It can come after half the term. Or it can come after 30 years. The shorter one counts.

The court also said no on the unborn child. The order says the pregnancy was early. It says the fetus could not yet live on its own. Under Italian law, it says, that is not a second murder. It is a separate crime. The crime is ending a pregnancy without consent.

Gilley's Houston lawyer, Dick DeGuerin, called it "kind of a complicated ruling." He said the court refused to send Gilley back for capital murder. He said it agreed for murder. He said that charge has a wide range of punishment.

His lawyer said Gilley's team in Italy plans to appeal. The Harris County DA's office said it is reviewing the opinion.

The lawyer said the court raised life without parole on October 7. It asked if Texas could cut that sentence short. He said the answer is no. He said that sentence means a person dies in prison.

Prosecutors filed a notice in late September. It said they will not seek the death penalty. It also said a person with life without parole could be looked at for commutation. That means a sentence can be cut short.

As of Monday, Gilley still faced capital murder. What prosecutors will do about it is not clear.

How did the case get here? Gilley was free on a $1 million bond. His trial was set to start. Prosecutors say he cut off his ankle monitor on May 1. They say he flew to Italy. They say he used a fake name and fake travel documents. Police there held him.

Christa Gilley died in October 2024. The medical examiner called her death a homicide. The cause was pressure on her neck.

The defense tells a different story. One of his lawyers in Italy has said Christa had a blood disorder. The lawyer has said the blood in the bedroom does not fit the state's story. Gilley told the court he is being prosecuted unfairly in Texas.

What comes next? An appeal is planned. Harris County must decide what to do.

Everyone is presumed innocent until proved otherwise.