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Abilene couple accused of capital murder won't face death penalty

ABILENE, Texas - The state filed a motion Friday morning in Taylor County to refrain from seeking the death penalty in the case of an Abilene couple accused of killing their newborn baby.

Damian Cate, 24, and Amber Craker, 20, were originally charged with murder.

On July 6, an unsealed indictment revealed an upgraded charge of capital murder. 

Cate was originally arrested and charged with murder and tampering with evidence after the body of his daughter was found Jan. 18 in a trash can in a south Abilene home. Craker, his girlfriend, was also arrested and charged with the same counts.

Craker’s court records show she has a jury trial set for Sept. 25.  Cate's trial date hasn't been set.

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Damian Cate, the Abilene man accused of killing his newborn daughter in January of 2016, was re-arrested Wednesday on a capital murder charge.

The new charge is the result of an indictment last Thursday.  It had remained sealed until the time of his arrest.

According to the indictment, Cate "knowingly caused the death" of Ashley Nevaeh Cate, "by cutting her throat with a knife."

Cate, 24, was originally arrested and charged with murder and tampering with evidence after the body of his daughter was found Jan. 18 in a trash can in a south Abilene home. His girlfriend, Amber Craker, was also arrested and charged with the same counts.

Cate and Craker were indicted Thursday on the upgraded charge.

Cate, who was released May 26 on $100,000 bond, was re-arrested Wednesday. Craker, who was still in jail, was charged on Friday.

Cate’s bond is $150,000. Craker’s bond is $550,000.


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