A Sanger man who was convicted of murdering his wife could soon be out of jail after serving only three years.
On Friday, the Second District Court of Appeals in Fort Worth acquitted Charles Stobaugh.
A jury found him guilty in 2011 for the 2004 murder of Kathy Stobaugh, even though her body was never found.
During the trial prosecutors argued Kathy wanted a divorce, but that her husband did not. She disappeared after going to visit him. Her car, purse and cellphone were all found in his driveway.
The appeals court ruled there was not enough evidence to support the conviction.
"Charles perfected this appeal, raising six points. His first point challenges the sufficiency of the evidence to support his conviction; he points out that Kathy has never been located—dead or alive, either during the seven years before his 2011 trial or since—and contends that no physical, forensic, or direct evidence was presented at trial linking him to the alleged offense of murder," Justice Sue Walker wrote in her opinion.
Kathy's brother Chris Munday said the decision basically says if you kill someone and hide the body well of enough you get off. He's taking comfort in knowing his sister is in heaven with their mother.
The Denton County District Attorney's office can now file for a rehearing and if it's denied they have 30 days to appeal in Austin.
It is unclear if or when Stobaugh will be freed.
He is represented by Reagan Wynn, the same attorney that argued 16-year-old Ethan Couch suffered from "affluenza" and only deserved probation after killing four people in a drunken driving crash.
KDFW FOX 4
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