An Italian court has refused to extradite Houston man Lee Gilley to Harris County for a capital murder charge, according to his defense attorney. Defense lawyer Dick DeGuerin said the ruling, issued in a 56-page decision, would not send Gilley back to face the capital murder accusation. However, he said the judges left the door open for extradition if prosecutors reduce the charge to murder. Gilley is accused in Harris County of the 2024 death of his pregnant wife. Texas law allows a capital murder conviction to carry a death sentence or life in prison without parole, while a murder conviction can mean life with the possibility of parole. DeGuerin said the Italian court asked during an Oct. 7 hearing whether there was any way to reduce a sentence of life without parole in Texas. He said there is no mechanism to lessen such a sentence, and that was part of why extradition was granted only for the lesser offense. In a statement to Houston Public Media, the Harris County District Attorney’s Office said it was reviewing the Italian court’s opinion. In late September, District Attorney Sean Teare filed a “state’s punishment notice” saying his office would not seek the death penalty against Gilley. Gilley was reportedly arrested in Turin, Italy, in May after allegedly using fake travel documents to travel to Canada before going to Italy. As of Monday, Gilley remained charged with capital murder.