Clay Waller faces federal charge of interstate domestic violence in wife Jacque's murder

Confessed murderer Clay Waller may face more prison time, as federal prosecutors seek to prosecute Waller on federal charges.

The United States attorney's office for the Eastern District of Missouri announced Monday "the unsealing" of an indictment, charging Waller, 45, with interstate domestic violence. That charge can come with a sentence of up to life in prison.

"We are so happy at the thought of never having to worry about him breathing fresh air again," Cheryl Brenneke, Jacque Waller's sister, said in an interview.

Waller, who pleaded guilty in 2013 in exchange for a lesser charge of second-degree murder, received a sentence of 20 years.

Waller originally had been charged with one count of first-degree murder and two counts of tampering with evidence in connection with the June 1, 2011, disappearance of his estranged wife, Jacque Waller.

The offense of interstate domestic violence was enacted by Congress in 1994 as part of the Violence Against Women Act, according to a news release issued by the United States attorney's office.

The reduced charge and sentence in 2013 were part of a binding plea agreement in which Clay Waller had to give authorities the location of his wife's body and provide an accounting of how he killed her, assistant prosecuting attorney Angel Woodruff said at the time. Clay Waller later took authorities to where he buried the body, on an island in the Mississippi River.

However, Woodruff said in 2013, the prison sentence would not protect Waller from other charges.

"I cannot bind the state of Illinois, and I cannot bind the federal government," Woodruff said during the hearing in 2013.

A Monday news release from Cape Girardeau County Prosecuting Attorney Chris Limbaugh said the new federal charge does not present double jeopardy.

"While it is rare for both governments to file charges for the same criminal conduct, in exceptional circumstances, dual prosecutions may be necessary to ensure that the ends of justice are fully served," the release stated. "The United States attorney's office has decided that the murder of Jacque Waller is one of those exceptional cases. This office concurs."

Many lamented the 20-year sentence at the time. Clay Waller would be required to serve at least 85 percent of the sentence and was also credited for time served as he awaited trial.

The family signed off on the deal, saying they wanted to find Jacque's body and find closure.

Cape Girardeau County Circuit Judge Benjamin Lewis at the time of the sentencing told Clay Waller, "I will abide by the plea agreement, which has been presented as a binding plea agreement ... That is not what you deserve, but it will have to do."

Lewis said he expected the light sentence to be criticized but noted that without a body, prosecutors would have had trouble gaining a conviction.

"None of those critics could provide the body of Jacque Waller," Lewis said. "None of those critics could guarantee a conviction -- particularly not a conviction at a trial without a body."

Monday's announcement alleges that in June 2011, Waller traveled back and forth between Illinois and Missouri with the intent to kill his wife, and that he did in fact murder her. The indictment also seeks forfeiture of any proceeds that might be derived from a manuscript intended to be published as a book that details the facts of the murder.

United States attorney Richard Callahan in a news release commended the Cape Girardeau County prosecuting attorney's office for its handling of the state prosecution. He noted that it is highly unusual for his office to follow a state prosecution on a similar case, but "the facts and circumstances of this case begged for such a prosecution."

The federal prosecution of the case will be handled by assistant United States attorney Larry H. Ferrell.

"We are just so blessed that God put these people in our lives," Brenneke said. "Larry Ferrell, the federal prosecutor, he's been so meticulous. Mr. Ferrell, the FBI agent Brian Ritter and David James — they have just lived and breathed this case. They truly cared. They adopted her as their own family, and they've been relentless in their passion to get him justice."

Ruby Rawson, Jacque's mother, said the family is "thrilled that they brought charges. "We know it was in the works for a long time, but you never know ... We've just been so pleased with law enforcement. They've just done a tremendous job."

Brenneke said the biological triplets of Clay and Jacque Waller just completed the fourth grade.

"They could not have adjusted better," she said. "We have a wonderful church family. They go to a Lutheran school. That school has helped so much."