The trial was expected to start later this month. According to the Harris County District Attorney’s Office, it’s been taken off the docket.
HOUSTON — The capital murder trial for a Houston man accused of killing his pregnant wife, then removing an ankle monitor and fleeing the country, has been delayed.
Lee Gilley was supposed to stand trial on May 27 in the death of Christa Gilley. The Harris County District Attorney’s Office confirmed on Thursday that the trial has been taken off the docket.
At last report, Gilley was still in Italy, and his extradition was in question.
Gilley reportedly cut off his GPS ankle monitor and fled the country earlier this month, only to be stopped on May 3 at an Italian airport using a fake Belgian passport, according to federal court documents filed Monday.
A federal criminal complaint charging him with interstate flight to avoid prosecution was filed Tuesday in the U.S. District Court for the Southern District of Texas.
According to a criminal complaint, Gilley allegedly cut off his court-ordered ankle monitor and left the United States on May 1. His defense attorney, Dick DeGuerin, told KHOU 11 at the time that his client fled to Canada before flying to Italy.
Federal documents say Gilley was traveling under the name “Lejeune Jean Luc Olivier” when he landed in Milan on an Air Canada flight. Italian border police determined that the passport and other Belgian identification documents he presented were false and forged, and he was taken into immigration custody.
While awaiting deportation, Gilley admitted to authorities that he was actually Lee Mongerson Gilley and that he was awaiting trial in the United States for the murder of his wife, according to the affidavit. He has since claimed asylum in Italy.
Gilley’s motivation to get to Italy was not known, but an extradition treaty between the United States and the European Union says extradition may be denied over capital punishment. Because it’s a capital murder charge, Gilley may face the death penalty if he is convicted of his wife’s death. The death penalty was abolished in Italy, so it’s possible that Italian authorities could deny extradition unless prosecutors decline to pursue the death penalty in this case.
Even if the death penalty is waived, Lee’s attorneys told KHOU 11 before a gag order was put in place that the potential charges in Italy could delay the trial in the U.S.
In our earlier reporting, Tom Hogan, a professor at South Texas College of Law in Houston, says the path to bringing Gilley back may not be all that complicated.
“In this case, if it is capital murder and the DA’s office is not seeking the death penalty, there may not be many impediments to extradite him to the U.S.” Hogan said.
The case stems from the death of Christa Gilley, who was found unresponsive at the couple’s home on Allston Street in Houston’s Heights neighborhood on the night of Oct. 7, 2024. Lee Gilley called 911 that night, telling dispatchers his pregnant wife was not responding. She was taken to the hospital and pronounced dead.
The Harris County medical examiner determined her cause of death was compression of the neck and upper back. An arrest warrant for capital murder was issued on Oct. 11, 2024. Gilley was released on bond six days later.
Got a news tip or story idea? Email us at newstips@khou.com or call 713-521-4310 and include your name and the best way to reach you.