Brian Scott, NBC 5 Denton County Reporter
Charles Stobaugh, of Sanger, was convicted of killing his estranged wife Kathy Stobaugh in 2011. Kathy Stobaugh disappeared in late 2004, and her body was never found. A second appeals court overturned the conviction on Wednesday.
A Sanger man exonerated of murder charges could be released from custody as early as Thursday.
A bond hearing for Charles Stobaugh was originally scheduled for Feb. 13, but was moved up on request of his attorney, said Denton County District Attorney spokesperson Jamie Beck.
Stobaugh will now go before a judge on Thursday at 10:30 a.m. to have the terms of his bond set.
Stobaugh was convicted by a Denton County jury in 2011 for the murder of his estranged wife Kathy Stobaugh who went missing in late 2004 on the eve of the couple’s divorce. Kathy Stobaugh’s car was found at Charles Stobaugh's farm and after several unsuccessful searches for the body he was charged with her murder.
Last Thursday, the Texas 2nd Court of Appeals overturned the verdict though citing lack of physical evidence against Stobaugh including a body or DNA.
Kathy Stobaugh’s family has expressed disappointment at the reversal and says they are hopeful the county will pursue an appeal of their own to a higher court.
Beck said the DA’s office still has not made a decision on an appeal but that it is “really, really, really likely.”
Stobaugh’s attorney said they are pleased with the decision to overturn the verdict.