Amarillo, TX - Investigators and prosecutors thought they had a strong case when they arrested 28-year-old Katie Spielbauer for the murder of 32-year-old Robin Spielbauer. But new evidence has put detectives back at square one.
"We are dismissing the case against Kate Spielbauer Tuesday. She will be released from the county jail, she had not made bond in over a year," said Randall County Criminal District Attorney James Farren.
This decision came down after one piece of evidence didn't pan out. Farren had been working to get a hold of cell phone records of Katie Spielbauer's son, Diego.
"We have maintained from the beginning that if we could place Diego at the scene of the homicide, then we could place Katie Spielbauer there because wherever Diego was, Katie was," said Farren.
Cell phone data shows Diego and Katie were together and never at Helium Road where Robin's body was found. Tracking devices on Spielbauer's phone were deactivated or not working the night of the slaying.
"I will not leave a case pending and leave a person sitting in jail that I know I can't prove," said Farren.
With the investigation starting from scratch, Farren says they will use the phone data technique to check other people who might have been responsible for Robin's death.
"We will look at every possible suspect. We will not stop until we've gathered the evidence we need to charge whoever actually committed this crime," said Farren.
Farren says the only way they would be able to refile against Spielbauer is if they could separate Diego from his phone or Spielbauer from Diego.