The 39-year-old man accused of murdering his pregnant wife in October 2024 in the Houston Heights neighborhood was supposed to be in court downtown Houston Tuesday morning, but after a bailiff called his name three times in the hallway, prosecutors detailed what broke in the news last night: Gilley cut off his ankle monitor and fled to Italy.
His capital murder trial remains scheduled to begin on June 5, but the date could change depending on when he returns and if either side decides they need more time, Judge Peyton Peebles said.
Prosecutor Lauren Bard told the court she got a call from the FBI around 12:30 p.m. on Monday, alerting her that Gilley was in the custody of Italian authorities after arriving at an airport in Milan through Toronto, Canada.
When and how Gilley got to Canada isn’t clear, but Bard said Italian officials became suspicious after he presented fake travel documents. Italian authorities tried to send him back to Canada, but he eventually identified himself as Gilley, she said, adding that he told them he was wanted for capital murder in Texas and was seeking asylum.
After Gilley accurately identified himself, the FBI in Rome got involved to verify his claims, Bard said.
“Everyone is shocked,” Gilley’s defense attorney Dick DeGuerin, while claiming to speak on behalf of the prosecution and defense, told Judge Peebles.
The DA’s office confirmed Gilley surrendered his passport as a condition of his $1 million bond.
Bard told the court the state now intends to use this incident as evidence of consciousness of guilt against Gilley, which DeGuerin had said he was concerned about in a phone call Monday night.
“I’m concerned that the prosecution will try to say that it’s evidence of consciousness of guilt that he’s running from it, but I think he’s just scared,” DeGuerin said.
“Obviously this is a shock. It’s been a difficult 24 hours since we found out,” said Tim Ballengee, the attorney who represents Christa Gilley’s family.
Concerns over notification time
Judge Peebles, appointed to the 497th District Court by Gov. Greg Abbott, said he has been clear with Harris County’s Pretrial Services department about alerting him “immediately” and by cell phone if there was any reason to believe Gilley violated his GPS monitor conditions.
He said that sentiment remained in place, although it had been communicated at a previous time, especially since it’s a capital murder case.
Judge Peebles indicated he didn’t initially find out about Gilley fleeing the country from Pretrial Services, but immediately revoked his bond when he did.
A representative from Pretrial Services testified it is the department’s policy to notify the court within 24 to 48 hours, but since a “strap tamper” alert started generating on Gilley’s device around 9 p.m. on Friday, the department wouldn’t notify until the next business day, which would have been Monday.
Judge Peebles suggested Pretrial Services rethink whether that policy be changed when considering concern and risk level may be higher for certain offenses.
“I wish I could say it was an anomaly, but it’s par for the course,” said Andy Kahan of Crime Stoppers of Houston. “That information should be accessible when you snap your fingers. And particularly when a defendant is on a $1 million bond for capital murder with an ankle monitor and the ankle monitor gets removed. No, that needs to be done ASAP.”
Pretrial Services shared the following response with KPRC 2 News:
“Although Pretrial Services followed our current notification protocols in this instance, we recognize existing guidelines can be improved. We are committed to refining these protocols to ensure that our procedures evolve alongside with the needs of the Court and community,” executive director Natalie Michailides said.
Will bond be forfeited?
DeGuerin urged Judge Peebles not to forfeit Gilley’s $1 million bond, which means the court would seize the bail money or collateral, because the people who have guaranteed the bond are Gilley’s family members.
“It would be a terrible hardship on them if the bond was actually forfeited,” DeGuerin said, noting that the bondsman has said the insurance company that posted the bond will be “very aggressive” in seeking the family property that was posted as security.
Judge Peebles did not make a decision on forfeiting the bond on Tuesday, although he said it “looks like, feels like, and smells like” a bond forfeiture. He said he could make a decision on that by the end of the week.
He called Tuesday’s hearing a “180-degree departure” from why they initially planned to be in court, which was for the defense’s motion to suppress certain evidence from the trial.
What happens next
The trial date remains scheduled for June 5, but no one seemed to know how long the process will take to get Gilley back from Italy.
DeGuerin said Texas prosecutors may have to prove to Italian authorities they aren’t seeking the death penalty for Gilley, as the country’s treaty agreement with the U.S. generally means Italy would not extradite people who are subject to the death penalty.
But whether Italy actually admitted Gilley to the country using the fake documents, in which case he may not be subject to their jurisdiction, is still unknown, DeGuerin said.
DeGuerin added that he hasn’t been able to contact Gilley, who sent him an email on Sunday, but if he’s able to, his advice will be to waive extradition and get back to Houston for the trial.
Prior to this, DeGuerin said all preparations for the trial had been going very well.
Three weeks ago, prosecutors filed paperwork revealing that Gilley had communicated with a woman last year around this time about a detailed plan to cut off his ankle monitor, flee to Mexico or another country, and discussed the possibility of marriage to obtain a new identity.