ST. PAUL, Minn. -- As of Wednesday night, Kira Trevino is still officially designated a missing person.
That could change Thursday, if homicide charges are officially filed against her husband, Jeffrey Trevino, who is being held at the Ramsey County Jail on suspicion of homicide.
The deadline for filing those charges is 10 a.m. Thursday, as Ramsey County prosecutors have indicated they will not extend the legal hold on Trevino.
"We located enough evidence to show a crime had been committed at the house," St. Paul Police Sgt. Paul Paulos said Tuesday shortly after Jeffery Trevino was taken into custody.
Police will not say what evidence they have to tie Jeffrey Trevino to the crime. They do say Kira's body has not been found, which historically has been a major obstacle to achieving a conviction. The decision as to whether to charge or not charge falls on the Ramsey County Attorney.
"A prosecutor will pause an extra beat before they charge without a body," criminal defense attorney, and former prosecutor, Marsh Halberg said of the case.
Halberg was a prosecutor for many years and he says trying to try and convict a person for a homicide without direct evidence of a body is extremely difficult.
Especially when jurors, these days, are accustomed to television crime dramas that always solve the case with wacky evidence all in under an hour.
"The CSI factor is a very real concern for prosecutors in all cases now," Halberg said.
So Thursday's decision to charge or not charge or ask a judge to give them more time to decide hinges on how solid the evidence found in the couple's home is or isn't.
"There can't be speculation as to what if, they have to prove this stuff happened, they have to prove that a certain person caused the death," Halberg said.
And as of right now, we don't know that there is a death.
We only know, for certain, that Kira is still missing.
(Copyright 2013 by KARE. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)