birmingham , alabama -- a jefferson county judge has dismissed the capital murder charge against gabe watson , ending his prosecution in the death of his wife , tina , while scuba diving during their australian honeymoon in 2003 . prosecutors failed to show watson intentionally killed the woman . an alabama judge acquitted watson , accused ... ( associated press ) circuit judge tommy nail issued his ruling before the defense had even presented its case in the two - week - long trial and before jurors were given the case to deliberate . tommy thomas identifies a picture of his daughter tina thomas watson for prosecutor don valeska , right , and the jury during the gabe watson capital murder trial at the mel bailey criminal justice center ... ( associated press ) gabe watson , left , stands during a break in his capital murder trial at the mel bailey criminal justice center in birmingham , ala. , thursday , feb. 23 , 2012 . watson , his wife , and attorneys then quickly jumped into an awaiting black suv a judge on thursday acquitted a man accused of drowning his newlywed wife during a honeymoon diving trip to australia eight years ago , saying in an unusual ruling that prosecutors did not prove the man intentionally killed his wife to collect on a life insurance policy . the courtroom erupted in cheers from watson hoped to benefit financially by killing his bride of 11 days was a stretch and he heard no evidence proving a profit motive . gabe watson , 34 , had faced life in prison without parole if convicted of murdering his wife , tina thomas watson , in 2003 . watson , holding hands with his wife , walked out of the jefferson county criminal justice building at 2:25 p.m. today . prosecutor don valeska , head of the violent crimes division for the state attorney general 's office , said he never before had a trial end in a judge 's acquittal in 41 years of trying cases .