Case dismissed in honeymoon killing BIRMINGHAM, Ala., Feb. 23 (UPI) -- An Alabama judge Thursday dismissed capital murder charges against a man whose wife died while scuba diving on their honeymoon in Australia. Jefferson County Circuit Judge Tommy Nail said there was insufficient evidence against Gabe Watson, 34, intentionally killed his bride, Tina Thomas Watson, Oct. 22, 2003, while the pair were diving on the Great Barrier Reef to collect on insurance policies. The only way to convict him of intentional murder is to speculate. Nobody knows exactly what happened in the water. I'm sure we'll never know [if it was an intentional murder]," Nail said in issuing a directed verdict of acquittal after the prosecution rested its case. "It has been a nightmare for Gabe and his family and a nightmare for Tina's family," attorney Brett Bloomston said following the court session. In their routine motion for a directed verdict, defense attorneys noted the only witnesses to Tina Watson's drowning testified he thought Gabe Watson was trying to save his wife, The Birmingham News reported. Watson pleaded guilty in 2009 in Australia to negligent manslaughter and served 18 months in prison. Alabama sought to prosecute him as well, maintaining some elements of the crime were committed within its jurisdiction. Prosecutors pointed to an insurance policy Watson took out on his wife before the honeymoon.