Woman gets away with murder?

Story here. A man disappeared a year ago, September 2010. His wife never reports him as missing, but eventually the neighbors do. Shortly after he disappears, the wife builds a new barbecue pit in the backyard. The body, of course, is eventually found underneath the barbecue pit. So what charges do they lay against this woman? None at all. Not even improper disposal of human remains. Do you think the same would be true if a man had buried his wife under a barbecue pit? Excerpt:

'A Novato woman won't be charged with a crime after her husband's body was found underneath a barbecue pit she built in their yard, her attorney said Tuesday.

The body of Dale Smith, 74, was found Feb. 23 buried at least 4 feet beneath the patio of the home he shared with his wife, Evelyn Smith, 55, investigators said.

Neighbors had not seen Dale Smith since at least September 2010. It was around that time that his wife and two laborers put in a brick barbecue pit in the backyard of the home on Rebecca Way, neighbors said.'