An Italian court agreed to send Lee Gilley back to Houston, but only to face a murder charge, not capital murder, in the death of his pregnant wife.

Harris County took the death penalty off the table last month, and that turned out not to be enough. According to KPRC 2's translation of the order, the Turin court says Texas life without parole violates the Italian constitution because it leaves a prisoner no real hope of release. That leaves prosecutors with a hard choice. They can try Gilley on a lesser charge with parole possible, or they can keep the capital indictment and wait while he stays in Italy. Gilley says he did not kill his wife. If he fled, as prosecutors allege, that flight is now shaping what charge he can face.

The Court of Appeal in Turin, Italy, has partially granted the United States' request to extradite Lee Gilley to Harris County, according to a copy of the order reviewed and translated by KPRC 2 News, which reported the ruling Monday, Oct. 19, 2026. The court granted extradition only for murder. It refused extradition for capital murder, the charge Gilley faces in Texas. His Houston defense attorney, Dick DeGuerin, told Houston Public Media the ruling runs 56 pages. He described it as "kind of a complicated ruling" that "refused extradition for capital murder but granted extradition for the lesser offense of murder."

In Texas, capital murder carries only two possible punishments: death or life without parole. Harris County District Attorney Sean Teare filed a notice in September that his office will not seek the death penalty, KHOU 11 reported. According to KPRC 2's translation, the Turin court found prosecutors' assurances on the death penalty "adequate" but ruled that Texas life without parole violates the Italian constitution. "It would deprive the prisoner of any real hope of release and would, in substance, seek their permanent exclusion from society," the court wrote, as translated by KPRC 2. KPRC 2 reported the court granted extradition only for the alleged killing of Gilley's wife and not for her unborn child. The order said the fetus's death would be a separate offense under Italian law, not a second murder. A first-degree murder charge in Texas carries five to 99 years or life, with parole possible.

Gilley's Italian defense team plans to appeal, according to KPRC 2 and DeGuerin. DeGuerin told KHOU 11 that both sides have 15 days to appeal and that the process could take months or years. He also said his client maintains his innocence. The Harris County District Attorney's Office told KPRC 2, KHOU 11 and Houston Public Media it is reviewing the opinion. As of Monday, Gilley was still indicted for capital murder, and he remains in custody in Italy, the outlets reported.

The case began Oct. 7, 2024, when Gilley called 911 to report that his pregnant wife was not responding at their home on Allston Street in the Houston Heights, KHOU 11 reported. FOX 26 Houston reported he told EMS she had taken her own life, but police said her injuries contradicted that account. The Harris County medical examiner ruled the cause of death compression of the neck and upper back, KHOU 11 reported. KHOU 11 identified her as Christa Gilley. KPRC 2 identified her as Christa Bauer.

Gilley was charged with capital murder, released on a $1 million bond and scheduled for trial May 27, 2026, the outlets reported. According to federal court documents cited by KHOU 11, he cut off his ankle monitor and left the country May 1. He went first to Canada and then flew to Milan on an Air Canada flight under the name "Lejeune Jean Luc Olivier," using a Belgian passport that Italian border police determined was forged. He has sought asylum in Italy and told the Italian court he is being unfairly prosecuted. He has pleaded not guilty. All defendants are presumed innocent until proven guilty in a court of law.