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Update: Barnhill Murder

POSTED: Friday, March 27, 2009 - 6:21pm

UPDATED: Wednesday, March 17, 2010 - 12:02pm

NACOGDOCHES- Kyle Barnhill, who is charged with first degree felony murder of his estranged wife, Melissa Barnhill, back in early March, is indicted Friday morning by a grand jury.

According to a press release, although there has been much discussion in the public regarding the possibility of Capital Murder charges, there is simply no way under current Texas law to bring such a charge against Barnhill.

After reviewing all the facts and circumstances involved in this case, the Nacogdoches County District Attorney's Office has concluded that none of the required facts are present in this case, and that a prosecution for Capital Murder is not possible.

"The fact that an offense appears to have been pre-meditated, as many have asked, is not one of the factors that elevate a murder to a Capital case," the release states. "The desire to bring a charge of Capital Murder to the Grand Jury because of the heinous nature of a crime cannot overcome the fact that such a prosecution is not allowed under the Texas Penal Code."

Officials say, they will not be releasing any further information regarding Barnhill's murder. At this time, no court date had been set in the matter.

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