Texas prosecutors take death penalty off the table for man accused of murdering wife and fleeing to Italy

Texas prosecutors announced they won't seek the death penalty against a man accused of killing his wife and fleeing the country as his trial was set to begin, they told an Italian court, clearing a path for his extradition to the United States.

Lee Gilley, 39, faces a capital murder charge in connection with the October 2024 death of his wife, Christa, who was nine weeks pregnant when she died.

The Harris County Medical Examiner's office determined her death was a homicide resulting from neck compression .

He pleaded not guilty.

Authorities allege Gilley removed his ankle monitor on May 1 and left Texas before his scheduled trial was to begin.

He got to the Milan Malpensa Airport in Italy by using a fake name and forged travel documents, according to court records.

He was taken into custody by Italian authorities.

EXCLUSIVE: FBI EXTRADITIONS SOAR AS PATEL RAMPS UP FOREIGN OUTREACH, VOWS 'NO SANCTUARY' Gilley's American attorney, Dick DeGuerin, previously told Fox News Digital that Italy wanted a written guarantee prosecutors wouldn't seek the death penalty before considering his return.

Italian authorities may also demand assurances against a sentence of life without parole, he said.

The Harris County District Attorney said in a Friday court filing obtained by Fox News Digital that it won't be pursuing the death penalty against Gilley , but stopped short of taking life without parole off the table as a possible sentence.

MULTIPLE DEATH SENTENCES IN DIFFERENT STATES ARE SET TO BE CARRIED OUT WITHIN 24 HOURS: 'NOT VERY COMMON' READ THE FILING: "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 attorney, Monica Grosso, of misleading the Turin Court of Appeal by telling it that commutation is impossible for someone sentenced to life without parole.

CALIFORNIA SUED OVER POLICY THAT COULD FREE SERIAL KILLERS AS LACI PETERSON'S FRIEND SOUNDS ALARM "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." A hearing was held before the Turin Court of Appeal on Sept.