Charles Stobaugh was found guilty of murdering his wife, Kathy Stobaugh, by a Denton County jury on February 16, though her body has never been found, as reported by the Denton Record-Chronicle.
Kathy Stobaugh disappeared in 2004 – one day before the couple’s divorce was to be finalized.
The trial began on January 24, and the jurors took 10 hours to deliberate after attorneys made their closing arguments.
Kathy Stobaugh’s older brother, Mark Munday, said, “They gave Kathy her day in court; nobody could have done a better job than they did.” While her younger brother, Chris Munday, said chillingly, “I know where Kathy is. I just wanted to see Charles Stobaugh in prison.”
Both families, the Mundays and Stobaughs, sat on opposite sides of the courtroom throughout the trial.
Prosecutors Cary and Susan Piel had the benches filled behind them with Mundays family; the Stobaughs sat behind the defense table.
Susan Piel gave her closing arguments first. She told jurors that understanding the case would begin with understanding the personality of the accused.
She detailed Charles Stobaugh as a simple man that found importance in acquiring land and other possessions.
Kathy Stobaugh changed throughout their marriage. She returned to college and began a teaching career.
Piel said, “She changed the terms of their marriage. She told him the man doesn’t always have to be in charge.”
Piel went on to outline that several people testified at the trial as to Kathy’s growing fear of her husband. Kathy had gone so far as to create a safety plan for her children – for the day that divorce papers were to be served to Charles Stobaugh.
When Kathy met with Charles at his farm northwest of Sanger on December 29, 2004, to discuss the divorce, witnesses reported that she was never seen again.
If Kathy had a plan to escape after the meeting, per Piel, she would have made a phone call. But the farm was so secluded that she couldn’t have just walked away.
There are no records of her social security number, cellular phone, credit cards or bank account being used since, and she hasn’t contacted any of her friends or family.
Piel said, “There is no evidence that she exists.”
The lead defense attorney, Derrell Comer, said during his closing arguments that due to the fact that Kathy’s body was never recovered, and that there wasn’t any proof that his client committed her murder, “The state is not even buying what they are trying to sell you, ladies and gentlemen.”
Of the 469 exhibits that prosecution showed jurors, Comer said, “They have put her pictures right in your face, hoping you won’t look at the big picture.”
Comer alluded to Kathy having a “secret lover” and the possibility of other friendships that no one knew about. He then asked the jury, “
What happened to Kathy Stobaugh? Do any of you know beyond a reasonable doubt? If not, you must find Charles Stobaugh not guilty.”
Texas law does not require a body, to convict a defendant of murder.
Piel told jurors, “The laws of Texas don’t reward someone just because he got rid of her body real good.”
The punishment phase began on February 17.
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