POSTED: Tuesday, February 28, 2012 - 7:40pm
UPDATED: Tuesday, August 20, 2013 - 10:23am
TYLER — Watch the video above for more on this story and to see KETK's encounter with Kelly Gage just minutes after he was released from the Smith County jail, Tuesday. Gage spent 90 days locked up for what detectives say was his role in his wife Patti McHugh Gage's death. Police say Thanksgiving day 2011, Gage severely beat McHugh in a drunken rage, but later told detectives he couldn't remember what happened. McHugh later died in a local hospital from injuries, her son Nicholas, tells KETK were caused by Gage. They arrested Gage November 28th, and held him on a $1 million dollar bond for aggravated assault, but after 90 days of a thorough investigation, and expert analysis on McHugh's body, Smith County District Attorney Matt Bingham told KETK on Monday, they don't have enough evidence to indict Gage for murder. McHugh's cause of death was ruled undetermined. Under the current state law, in this situation, Gage could walk free, if nothing was presented to a grand jury within the 90 days. Tuesday, a judge was forced to lower his bond to a $10,000 PR bond. And just before 1:00 pm, Gage was let go. Matt Bingham tells KETK the criminal investigation against Gage is ongoing. Nicholas McHugh tells KETK his mother's family will consider suing Gage for wrongful death in a civil suit, once Gage's criminal case is closed.
Meanwhile, McHugh wants other women to listen to his mother's story so that they won't fall victim to domestic violence acts in the future.
Jessica Wilson/ KETKnbc.com