'She can't kill again': Homicide suspect Lois Ann Riess will be tried in state court

Lois Ann Riess, the wanted fugitive grandmother, sits in a Texas jail, but it’s unclear whether she is headed to Florida  or Minnesota next, where she is accused of killing two people.

The nationwide month-long manhunt for Riess ended on South Padre Island on Thursday night as she drank cocktails at a marina-side restaurant.

“I think she was just waiting to be caught,” said Dodge County Sheriff Scott Rose in Blooming Prairie, Minnesota.

This photo provided by the South Padre Island Police Department shows Lois Riess, of Blooming Prairie, Minn., who was arrested by federal deputy marshals Thursday, April 19, 2018, at a restaurant in South Padre Island, Texas. Investigators believe she killed her husband in Minnesota then fled to Florida where she used the same gun to slay her doppelganger with the intention of assuming her identity. Riess had been on the run since at least late March.

Riess faces charges in the killings of her husband David Riess, 54, at their home in Blooming Prairie and Pamela Hutchinson, 59, who was found shot to death in a Fort Myers Beach timeshare on April 9. David Riess was found March 23.

Authorities believe Hutchinson was targeted because of her similar appearance to Riess.  

More:Fort Myers Beach homicide: 'It just smelled like a dead animal'

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It's unclear what brought Riess to South Padre Island, a 40-mile long barrier island off the coast of Texas, but it was a tip to authorities that ended the manhunt.

U.S. Marshals and South Padre Island police officers found Riess at a marina-side restaurant just before 8:30 p.m. Thursday.

(Video courtesy of Inside Edition)

“She was sitting down for about two hours,” said Bob Friedman, owner of the Sea Ranch Restaurant. “The police and the marshals came in, walked through and saw her sitting at the bar.”

Riess went peacefully.

Deputy U.S. Marshal John Kinsey said Riess did not appear to be surprised that law enforcement caught her.

"Lois was sitting at a bar drinking, having a good time," Kinsey said.

Friedman said someone recognized her vehicle, the one she took from Hutchinson, in the parking lot of the restaurant and reported it to law enforcement. But, other than that, she remained inconspicuous.

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More:Marshal's service says Lois Ann Riess arrested at restaurant in South Padre Island, Texas

“Nothing about her stood out,” he said, “and obviously that was her goal.”

Riess' travel across the Gulf states was well-documented by surveillance footage. She stayed at an Ocala hotel after leaving Fort Myers Beach. She was spotted in Louisiana where she used her own ID to claim a $1,500 jackpot prize from a casino. 

The arrest came as law enforcement concentrated efforts near the Texas border with Mexico, on the belief that Riess would try to flee the country while posing as Hutchinson, whose identity she assumed.

“The U.S. Marshals have a great working relationship with the border patrol; we worked with them from the beginning on this case,” Rose said.

Lois Ann Riess, the woman accused of killing her husband in Minnesota and a woman on Fort Myers Beach, is still on the run.

Both Riess' and Hutchinson’s IDs were flagged in case she attempted to leave the country. South Padre Island is a resort town located on the east coast of Texas. The small island is connected to the mainland by one main drag known as the Queen Isabella Causeway. While it’s a spring break destination for college students, it’s also about an hour drive from at least three border crossing stations in Brownsville, Texas.

“Her crossing the border was very unlikely,” Rose said.

The Lee County Sheriff’s Office said Pamela Hutchinson, 59, was killed by a woman who was on the run after killing her husband in Minnesota.

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Detectives from Minnesota and Fort Myers were meeting Friday to review the case and planned to try to interview Riess. They were also going to examine Hutchinson's vehicle and the hotel room where Riess was staying.

No decision has been made whether Riess will face murder charges first in Florida or in Minnesota, Rose said Friday.

Minnesota prosecutors have not yet filed a murder charge against Riess, although she has been charged there in the theft of money from her husband.

Rose said that right now, the Dodge County attorney plans to pursue a second-degree murder charge, but that could change as the investigation continues.

Lee County Undersherriff Carmine Marceno announces the arrest of Fort Myers Beach homicide suspect Lois Riess on Friday. He pictured with Deputy U.S. Marshal John Kinsey. “We ran a killer off the streets,” “We want her in Fort Myers to face the charges.”

Noting that “we don’t have a lot of homicide cases in Dodge County,” Rose praised Florida authorities for help in the case. David Riess was the first homicide victim in eight years.

“Our local partners here, the Minnesota (Bureau of Criminal Apprehension) and Lee County Sheriff Mike Scott and his amazing staff, everybody has been great to work with," Rose said. 

He said there is no indication Riess committed other murders.

The arrest was made more than 1,300 miles from the condo where Hutchinson, of Bradenton, was staying while on Fort Myers Beach to join a friend who was spreading her late husband’s ashes in the Gulf of Mexico.

In an email to The News-Press, Riess’ son, Braden Riess, asked for peace as the family mourned his father's death.

“My 9-year-old is reading all this on the news,” Riess said before declining to comment further.

Samantha Syoen, a spokeswoman for Florida’s 20th Judicial Circuit, said she could not discuss whether prosecutors were considering a first-degree murder charge for Riess. A first-degree murder charge is punishable by life in prison without the possibility of parole or the death penalty. Additionally, a grand jury needs to be convened in order for that kind of indictment.

“From those facts, if I lure somebody back to the hotel room with the idea that I’m going to kill them there, that’s almost textbook first-degree murder,” said Craig Trocino, a professor of law at the University of Miami and director of the Miami Law Innocence Clinic. “If they can establish through facts that she went to this woman’s hotel for the purposes of killing her and stealing her identity, I think you can make a pretty serious case for premeditation.”

But, it’s ultimately up to prosecutorial discretion, he added.

“It’s a decision they don’t have to make just yet,” Trocino said.

Texas law requires that the extradition of a prisoner to another state be done through a warrant signed by the governor of the state seeking extradition.

Governors from Florida and Minnesota would have to make the request in writing and it must be sent to Texas Gov. Greg Abbott.

Before being sent to either of the states where she is accused of murder, Riesswould appear in a Texas court for the rendition proceeding, where she would be advised of her right to a lawyer and to request a hearing. 

Riess could waive extradition and be taken immediately to one of the two states.

Florida Gov. Rick Scott and Minnesota Gov. Mark Dayton can issue extradition warrants once a request is formally received from a law enforcement agency.

Extradition warrants would also be used to transfer Riess between Florida and Minnesota later on.

Staff writer Mike Braun contributed to this report.