Man charged with Thanksgiving Day assault released from jail
Kelly Gage. Photo Source: Smith County Jail.
TYLER, TX (KLTV) -
Kelly Gage, the East Texas man charged with brutally beating his wife is out of the Smith County Jail.
Kelly Gage requested a personal recognizance bond after he served 90 days in the Smith County jail. He's been in custody since November for allegedly assaulting his wife, Patti McHugh Gage, on Thanksgiving, causing severe head trauma. His wife later died at a Tyler hospital.
Patti Gage's family said in a previous interview that they believe her husband, Kelly Gage, caused her injuries. Smith County District Attorney Matt Bingham says medical examiner in Dallas is not so certain.
"What he said in the autopsy report is that it is equally likely that this could have resulted from an accidental fall, as it could from an intentional violence," said Bingham.
Bingham says the pathologist ruled Patti Gage's cause of death as blunt force trauma to the head; however, he ruled the manner of death as undetermined.
Bingham says that finding creates reasonable doubt.
"I don't have the evidence that I would feel I needed to go down and prosecute him for this crime," said Bingham.
According to the November arrest affidavit, Kelly Gage told police he's beat his wife in the past, telling detectives he could have caused her injuries, but could not remember because of the amount of alcohol he had consumed.
Prosecutors say Gage's statements to law enforcement shed little light as to what may have happened.
"At this point, we only have 90 days to either release the defendant or present that case to the grand jury," said Bingham.
Bingham says they are not prepared to present this case to a grand jury at this point.
"I don't know if Mr. Gage did this or didn't do this, but I know that what we have at this point, we could not prove he did it and once you go down there and prosecute this case if he's acquitted, it's over," said Bingham.
Bingham says the investigation will continue until justice, whatever that may be, is served.
Prosecutors say they've also hired a blood stain pattern analysis expert to further review the case.
As of Thursday, Patti Gage's family said they are waiting until all of the facts come to light. Kelly Gage remains in the Smith County Jail on a $1 million bond.
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