“We believe that based on our lengthy and detailed investigation that it is appropriate for a grand jury in New Mexico to make a decision on whether the case should proceed,” special prosecutor Kari Morrissey said.
The body of Brown's 73-year-old mother, Myrtle Brown, was found in a creek in September after family members were unable to locate the pair, who lived together.
Phillips filed a petition in Santa Barbara Superior Court to end her nearly 12-year marriage to Masterson, days after he was sentenced to 30 years to life in prison for two rape convictions.
The move comes after several women made allegations of sexual assault against the comedian-turned-influencer, with YouTube joining a growing list of organizations distancing themselves from him.
Masterson's That ’70s Show costars Mila Kunis and Ashton Kutcher wrote letters to the judge in support of him, but have since apologized following a backlash.
A judge handed down the sentence to Danny Masterson after hearing statements from the women about the trauma they experienced and the suffering caused by the disturbing memories in the years since.