The Galveston County District Attorney’s Office will retry a case involving a 75-year-old woman accused in the shooting death of her husband on Christmas morning in 2015. Officials announced their plans Friday.
The news comes one day after jurors couldn’t reach a decision about whether to convict Gwendolyn Brown Bailey, 75, on a charge of murder, leading a judge to declare a mistrial, court records show.
Prosecutors were planning to retry the case and were waiting for a judge’s opinion on when that might be scheduled, First Assistant District Attorney Kevin Petroff said.
Bailey was accused of shooting her husband, William Bailey, four times in the torso just after midnight Christmas Day in 2015 at their San Leon home, the Galveston County Sheriff's Office said at the time she was arrested.
Bailey told deputies she shot her husband after watching him perform oral sex on a family member, according to a probable cause affidavit.
William Bailey then allegedly kicked Gwendolyn, and she went to bed, according to the affidavit.
William Bailey went to bed shortly afterward and the two argued before Gwendolyn shot him twice in the bedroom and twice on the front porch, according to the affidavit.
Deputies arrived at the scene and found William Bailey lying on the front porch, conscious, and sent him to Clear Lake Regional Medical Center, officials said. He was pronounced dead at the hospital.
Three of the couple’s grandchildren were at the home at the time of the shooting, but the children’s mother was at work, officials said.