Don Gaines is charged with kidnapping resulting in death. If convicted, a prosecutor says Gaines could face the same punishment as he would for a murder charge, which would be the death penalty or life in prison.
Investigators say Gayla Roy, who was the mother of Gaines' children, disappeared on Sept. 11. They believe Gaines abducted Roy and choked her. He reportedly thought she was dead, panicked and drove with her to Louisiana.
Roy later regained consciousness during the drive. Authorities say Gaines confessed to arguing with Roy, pulling over on Interstate 10, shooting her, and leaving her to die in the woods.
Roy's body was recovered with a single gunshot wound to the back of the head.
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The couple had two children, ages one and six years old.
"How could he? You have two boys. You have two sons with my sister," said Felicia Rigmaiden, Roy's sister. "Now you've taken her away from them and you will be away from them. They will be without parents. How could you take the life of someone you supposedly love and been with all these years?"
Roy's father told ABC13 he knew Gaines was the killer since he was the last to see her alive. He said his daughter told him Gaines was taking her home the night she disappeared.
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