Attorney: Husband of missing woman wants children back - WCIV-TV | ABC News 4 - Charleston News, Sports, Weather

Attorney: Husband of missing woman wants children back

Posted: Updated:

By Natalie Caula
ncaula@abcnews4.com

CHARLESTON, S.C. (WCIV) -- The man whose wife was reported missing earlier this week wants his children back, according to his attorney.

Robert McCaffrey reported his wife missing through a 911 call Sunday. A Charleston County Sheriff's Office report states he later told investigators he and his wife had gotten into an argument and he later left to a home he frequents in Easley.

When he returned to his home the next morning on Limestone Boulevard McCaffrey told investigators his wife, Marjorie Gayle McCaffrey, was gone.

A traffic citation issued by the Travelers Rest Police Department shows he was pulled over around 2 a.m. The home in Easley on Freeman Bridge Road was listed on McCaffrey's driver's license, according to the incident report. Charleston County investigators say the home is not owned by the McCaffrey's, but it is owned by a relative.

A couple who identified themselves as "the Millers" and as Gayle's aunt and uncle were at the home Tuesday. They say Robert did not visit the house but heard from him when Gayle went missing. The man who identified himself as Gayle's uncle says a third party could be involved, because he says Robert doesn't have it in him to do anything malicious toward Gayle. He also said Gayle would never abandon the children.

James Grigg, who worked with Gayle at The Citadel, echoed the sentiments that it was unlike Gayle to leave her children.

"Leaving the kids is totally against what we know of Gayle. She was a caring mother. She loved her kids. She would not leave her kids alone. This is totally against character," Grigg said.

Grigg, who is the director of operations of the physical plant at The Citadel says Gayle started working with the facilities organization about seven years ago and is loved by many at work.

"Everyone was in shock. This appeared to be totally against Gayle, what we know of Gayle's personality," he said.

Christopher Lizzi, who is representing Robert McCaffrey, says after his client reported his wife missing, investigators spent five hours "debriefing" McCaffrey. During that time, Lizzi says the sheriff's office took the children into protective custody.

"There was no probable cause," Lizzi said.

A court hearing is expected to take place later this week to place the children. Lizzi says he plans to argue the children need to be returned to their father, Robert.

On Monday, Sheriff Al Cannon said the move to put the children in emergency protective custody was appropriate.

"Until we have a better sense of what's occurred here, we felt (it) the prudent thing to," Sheriff Cannon said.

Meanwhile, investigators say they are following leads in the case of Marjorie Gayle McCaffrey's disappearance. Investigators say they discovered a typed note in the home, but Sheriff Cannon would not go into detail about its contents.

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