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HOUSTON - After weeks, an Italian court has granted the extradition of Lee Gilley to Harris County after back and forth with U.S. courts.
Attorney Dick DeGuerin told FOX 26 the Italian court refused extortion for a capital murder charge. However, the court granted him extradition back to Texas if he faces a lesser murder charge that does not carry the death penalty or life without parole.
DeGuerin explains both sides have a chance to appeal the order and the Italian lawyers have 15 days to appeal.
No death penalty for Gilley
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Lee Gilley granted partial extradition: Gilley's attorney explains next steps
An Italian court has granted partial extradition for Lee Gilley to return to Texas on a lesser murder charge. His attorney, Dick DeGuerin, spoke with FOX 26 about the recent decision by the Italian court and what this means.
The U.S. submitted a formal request to extradite Gilley, 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.
In September, the Harris County District Attorney's Office filed they would not seek the death penalty for Gilley, who is accused of killing his pregnant wife.
The filing also stated that defense counsel, 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.
"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.
Lee Gilley accused of killing his wife, Christa Gilley
The backstory:
Authorities were called out to Allston Street on Oct. 7, 2024, in a Houston Heights neighborhood.
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 Source: Information from this article was gathered by Attorney Dick DeGuerin and previous FOX 26 reports.