Cooper's attorneys say Brad was not given chance to turn himself in. They say he would have turned himself in had he been given the opportunity.
Cooper will make his first courtroom appearance Tuesday morning.
Cooper's attorneys say they have no comment, now but may speak later or issue statement.
Officials released the jurors decision, "on or about the 12th day of July, 2008, in Wake County, the defendant (Brad Cooper) willfully and feloniously and of malice aforethought did kill and murder Nancy Cooper."
Click here to read the indictment.
Cary Police Chief Pat Bazemore held a press conference at 8 p.m. to address the arrest. Bazemore says the next step is prosecution, which for Cary is led by the Wake County District Attorney's Office.
"With this very sad arrest, it should now be clear to everyone that Cary citizens have been and are safe," Bazemore said. "This was not a random act of violence but rather a case of domestic violence of the very worst kind, and I encourage every person in a challenging relationship right now to take the steps necessary to keep themselves safe. Don't wait, and don't think it can't happen to you."
Wednesday, Wake District Court Judge Debra Sasser decided Brad and Nancy Cooper's the two daughters would remain at the home of their aunt and uncle, Khrista and Jim Lister. Nancy's parents, Donna and Garry Rentz also share temporary custody.
"The Rentz and Lister families are so thankful that an arrest has been made and that Bella and Katie are safe with them in Canada. The Cary Police Department has done an outstanding job with the investigation," Rentz and Lister family attorney Alice Stubbs said.
Garry and Donna Rentz, on behalf of their family, said "Today our family needs to say thank you very clearly to all those people who stood with us, led us and supported us during the most complex 108 days of our history. We are grateful to Judge Sasser for giving us the opportunity to provide care for our granddaughters during these turbulent days. Chief Pat Bazemore, Captain Michael Williams and Detective George Daniels have been the face of a very professional Cary Police Department. They have been very supportive during the past months. Their investigation has been tireless and thorough. The Wake County District Attorney's office has graciously met with us during the past two months. They have our confidence. Our family thanks Alice Stubbs, Wade Smith and Steve Mansbury who enabled us to seek a just outcome within the system. Nancy's memory has been kept alive by a family who loved her, a group of incredible friends who are always there for her and our family, together with Susan Moran and Deanna Boone with the Town of Cary, and a very respectful media corps who have told Nancy's story with commitment and class. All of you have our heartfelt thanks."
Search warrants released last month indicated Nancy was working on a plan to return to her native Canada and take the couple's two children with her.
Nancy Cooper was reported missing the afternoon of July 12 by a friend who told police the couple was in the middle of a divorce. Her husband told police she went jogging that morning but never returned.
The 34-year-old mother was found dead July 14, about three miles from her home, after a three-day search throughout Cary.
Shortly after, Cary investigators ruled her death a homicide. Police officials also searched the couple's home in Cary's Lochmere subdivision and removed several items during their investigation.
Nancy Cooper was born and raised in Edmonton, but moved to Cary when her husband, Brad, was offered a job at Cisco.
