Charles Stobaugh — the Sanger man whose murder conviction in the apparent death of his wife was overturned by an appeals court last week — is not expected to be released from state prison before Monday, officials said.
Officials with the Wallace Pack Unit near Navasota in Grimes County said Saturday afternoon that Stobaugh remained in the prison and would not be released this weekend.
Stobaugh, 58, was convicted of murder in 2011 in the death of his wife, Kathy, who disappeared in December 2004. He was sentenced to 25 years in prison.
The state’s 2nd District Court of Appeals overturned his conviction, saying there was not enough evidence to convict him. The court noted that Kathy Stobaugh’s body has not been found, and there is no evidence that she was murdered or that Charles Stobaugh might have been connected to her death or disappearance.
The Stobaughs had been embroiled in a divorce that was set to become final the day after Kathy Stobaugh disappeared. She went to Charles Stobaugh’s home to discuss the divorce and was not reported to have been seen after that.
He said she left, but when he woke up the next morning, her car was in the driveway, according to court records.
The appeals court authorized Stobaugh’s release from prison on a $25,000 bond pending a decision by the Denton County District Attorney’s Office on whether prosecutors would appeal the appeals court decision.
Conditions for the bond will be determined by the Denton County court where his trial was held, according to the district attorney’s office.
Kathy Stobaugh’s family urged prosecutors to appeal the decision in a written statement released Friday.
DIANNA HUNT can be reached at 940-566-5884. Follow her on Twitter at @DiannaHunt.