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The district attorney's office is reviewing the court's ruling.

The ruling comes nearly two weeks after an extradition hearing in an Italian court over whether the 40-year-old defendant should remain in Italy or return to the United States following his May escape.

Gilley had been free on bail following his October 2024 arrest in the death of his wife, Christa Gilley. About a month before his trial was scheduled to begin, Gilley removed his ankle monitor and fled the country with forged travel documents.

It took nearly three days for Harris County authorities to realize Gilley was gone and by then, he had arrived at an airport in Milan seeking asylum from prosecution. Weeks later, the Harris County judge presiding over Gilley's case issued a gag order to prevent lawyers on either side from discussing the case beyond what happens in the public record.

A child custody case involving Gilley's children intensified in the wake of his escape as authorities questioned his family over whether they knew of his plans to flee to Italy. The proceedings were scheduled to go to trial this month.

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Ahead of the extradition hearing, Teare's office was peppered with questions from Italian officials over whether the death penalty was a possibility in Gilley's case or if Texas law allows for changes to his life sentence should he show signs of rehabilitation.

Teare signed court records stating prosecutors never sought the death penalty against Gilley, adding that the defense was making false statements suggesting otherwise.