Found Deceased TX - Heidi Broussard, 33, murdered, baby stolen, Austin, 12 Dec 2019 *friend charged* #12

[Seattle1]

It would appear the kidnapping of HB will be an enhancement to the capital murder charge and MC will be kidnapping.

That's the rub here. It doesn't follow that kidnapping HB charge, an aggravator (enhancement) to her murder, does not appear on the indictment. I've never seen this happen as kidnapping charge is almost always coupled with the murder charge.
(Also, MF has never been arraigned on the lesser charges. Her first appearance is 2/3/2020).

MOO

 

[Seattle1]

In a physical sense, MF may not have appeared in court; however, a Livelink is usually used and the charges and rights are discussed. Technically, she has been afforded her rights to know the charges and her rights.

I think you missed the point of the discussion and/or post. The consideration for the grand jury indictment to omit MF's initial charges of kidnapping and tampering would not be because MF was previously arraigned for these charges.

MF also does not have to "appear" in court on Feb 3 to answer to the indictment. We understand "Livelink."

MOO

 

[InvSmith]

It would appear the kidnapping of HB will be an enhancement to the capital murder charge and MC will be kidnapping.

That's the rub here. It doesn't follow that kidnapping HB charge, an aggravator (enhancement) to her murder, does not appear on the indictment. I've never seen this happen as kidnapping charge is almost always coupled with the murder charge.
(Also, MF has never been arraigned on the lesser charges. Her first appearance is 2/3/2020).

MOO

I think the initial evidence was kidnapping but enough evidence exists that MF caused capital murder. The indictments for 1/28 does indicate INDICTMENT CAPITAL MURDER BY TERROR THREAT/OTHER FELONY - PC 19.03(a)(2) - FX. The other felony is kidnapping. Many states have special enhancements. In the act of murder, a felony was committed giving support for the death penalty.

 

[Seattle1]

I think the initial evidence was kidnapping but enough evidence exists that MF caused capital murder. The indictments for 1/28 does indicate INDICTMENT CAPITAL MURDER BY TERROR THREAT/OTHER FELONY - PC 19.03(a)(2) - FX. The other felony is kidnapping. Many states have special enhancements. In the act of murder, a felony was committed giving support for the death penalty.

Thanks for providing the citation number.

Referencing Texas Penal Code, a capital felony requires aggravators.

Confirming there are 9 aggravators that can qualify murder a capital offense including kidnapping.

Texas Penal Code § 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) ;

[...]
(9)...

 

[Seattle1]

I finally located the two referenced Indictments dated Jan 28, 2020 --written for MF-- and confirm that the earlier charges of 1) Kidnapping HB and 2) Tampering with evidence/corpse are not included in the grand jury indictments.

First - there's an old saying that "you can indict a ham sandwich." Since I completely agree with the prosecutor's initial charges and see no reason why kidnapping HB and tampering with evidence were not found applicable, I can think of only two reasons why these charges were omitted from the indictment:

1) there will be an amendment to the Indictment,

2) the prosecution intends to charge two subjects for the kidnapping and murder of HB. I now think it's possible that there's a pending indictment against another party that will specifically include kidnapping KB, and tampering with evidence/corpse. And perhaps murder.

More reason to believe that there was a third adult in the car
with HB and MF??

MOO

@deugirtni -- thanks for forcing me to read the Indictments!!

It would appear the kidnapping of HB will be an enhancement to the capital murder charge and MC will be kidnapping.

That's the rub here. It doesn't follow that kidnapping HB charge, an aggravator (enhancement) to her murder, does not appear on the indictment. I've never seen this happen as kidnapping charge is almost always coupled with the murder charge.
(Also, MF has never been arraigned on the lesser charges. Her first appearance is 2/3/2020).

MOO

ETA to my previous posts above after reading Texas Penal Code re. Capital Murder.

In Texas, a murder qualifies as a capital offense punishable by death if one of 9 aggravators including kidnapping met. I think this explains why the capital murder indictment did not itemize the HB kidnapping charge.

Texas Penal Code § 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) ;

[..]

(9).....

 

[deugirtni]

Tony Plohetski
@tplohetski
BREAKING: Suspect in kidnapping of Heidi Broussard, Magen Fieramusca, 33, to be arraigned in Harris County this morning, officials say.
11:05 AM · Dec 20, 2019 from Austin, TX·Twitter for iPhone
Tony Plohetski on Twitter

This article dated December 23, 2019:
"Magen Fieramusca had reportedly been Broussard's close friend for more than 20 years. She was arraigned and charged with kidnapping and tampering with a corpse. Now, the community is trying to come to terms with Broussard's tragic death."
Friend of Heidi Broussard, Austin mom found strangled, is arrested for kidnapping

 

[Seattle1]

Tony Plohetski
@tplohetski
BREAKING: Suspect in kidnapping of Heidi Broussard, Magen Fieramusca, 33, to be arraigned in Harris County this morning, officials say.
11:05 AM · Dec 20, 2019 from Austin, TX·Twitter for iPhone
Tony Plohetski on Twitter

This article dated December 23, 2019:
"Magen Fieramusca had reportedly been Broussard's close friend for more than 20 years. She was arraigned and charged with kidnapping and tampering with a corpse. Now, the community is trying to come to terms with Broussard's tragic death."
Friend of Heidi Broussard, Austin mom found strangled, is arrested for kidnapping

Nope. The wrong arraignment -- this was in Harris County court for her invalid driver's license, expired plates, etc.

Again -- she was schedule for Jan hearing that was reset to Monday, 2/3/20.

 

[deugirtni]

Tony Plohetski
@tplohetski
BREAKING: Suspect in kidnapping of Heidi Broussard, Magen Fieramusca, 33, to be arraigned in Harris County this morning, officials say.
11:05 AM · Dec 20, 2019 from Austin, TX·Twitter for iPhone
Tony Plohetski on Twitter

This article dated December 23, 2019:
"Magen Fieramusca had reportedly been Broussard's close friend for more than 20 years. She was arraigned and charged with kidnapping and tampering with a corpse. Now, the community is trying to come to terms with Broussard's tragic death."
Friend of Heidi Broussard, Austin mom found strangled, is arrested for kidnapping

Nope. The wrong arraignment -- this was in Harris County court for her invalid driver's license, expired plates, etc.

Again -- she was schedule for Jan hearing that was reset to Monday, 2/3/20.

Interesting they would put the arraignment info right in the same sentence with being charged with kidnapping and tampering and right next to speaking of the arraignment if it was about her traffic tickets. If her first court appearance scheduled for Feb 3rd (postponed by MF's own lawyers from Jan 2nd) is supposed to be her arraignment, then why is she not required to be present? Does an accused not need to be present at their arraignment?

AUSTIN, Texas — Magen Fieramusca, the woman arrested in connection to the killing of an Austin mom and the kidnapping of her baby, will now make her first appearance in Travis County District Court on Feb. 3.

Her first court appearance was originally scheduled for Thursday, Jan. 2, but the district attorney's office told KVUE that at the request of Fieramusca's attorneys, it was reset. The court confirmed that Fieramusca does not have to appear in person at the hearing.

Magen Fieramusca's first court appearance reset for Feb. 3

 

[deugirtni]

Nope. The wrong arraignment -- this was in Harris County court for her invalid driver's license, expired plates, etc.

Again -- she was schedule for Jan hearing that was reset to Monday, 2/3/20.

In this article it says MF was to be arraigned on the charges relating to HB/MB in Harris County.

"She is expected to be charged with murder, according to KVUE's sister station KHOU, and will be arraigned in Harris County." (article written Dec 20)

Timeline: What we know about Austin mom Heidi Broussard and baby Margo Carey

 

[Seattle1]

In this article it says MF was to be arraigned on the charges relating to HB/MB in Harris County.

"She is expected to be charged with murder, according to KVUE's sister station KHOU, and will be arraigned in Harris County." (article written Dec 20)

Timeline: What we know about Austin mom Heidi Broussard and baby Margo Carey

EXCEPT she wasn't charged with murder. The Dec 20, 2019 article is obviously wrong. And you're certainly welcome to believe whatever account you want. MOO

 

[Colorado303]

It would appear the kidnapping of HB will be an enhancement to the capital murder charge and MC will be kidnapping.

That's the rub here. It doesn't follow that kidnapping HB charge, an aggravator (enhancement) to her murder, does not appear on the indictment. I've never seen this happen as kidnapping charge is almost always coupled with the murder charge.
(Also, MF has never been arraigned on the lesser charges. Her first appearance is 2/3/2020).

MOO

I hate to reopen this can of worms, but it would make sense there’s no kidnapping charge for HB if the grand jury believed she was killed in her apt and her body then removed. The only reason I can think tampering charges weren’t included is if they also believed another party packaged the corpse in the duffle bag and put it in the trunk of MF’s car.

 

[Niner]

Tony Plohetski
@tplohetski
BREAKING: Suspect in kidnapping of Heidi Broussard, Magen Fieramusca, 33, to be arraigned in Harris County this morning, officials say.
11:05 AM · Dec 20, 2019 from Austin, TX·Twitter for iPhone
Tony Plohetski on Twitter

For 12/20/19 I have arraigned on the tickets she was initially arrested for - not true??

Nope. The wrong arraignment -- this was in Harris County court for her invalid driver's license, expired plates, etc.

Again -- she was schedule for Jan hearing that was reset to Monday, 2/3/20.

I have to agree with you - at least my notes are correct!

Also - if they read the charges today - we will definitely find out "what" she is charged with.

 

[Niner]

Monday, February 3rd:
*Initial Appearance Hearing (@ 9am CT) - TX - Heidi Elizabeth Broussard (33) & Margo(t) Elizabeth Carey (2 wks.) (missing on Dec. 12, 2019, Austin; found Dec. 19, 2019, Heidi deceased inside trunk of car (2015 Nissan Versa) owned by Magen at Jersey Village near Houston; baby Margo(t) alive & healthy). *Magen Rose Fieramusca aka Maygen Humphrey, Magan (& Magen) Rose Humphrey, Maygen Fieramusca, May Humphrey & May Fieramusca (33) arrested (12/19/19) & charged (12/20/19) with 2 counts of 3rd degree kidnapping & 1 count of 2nd degree tampering with a human corpse. $600K bond.
Indicted (1/28/20) with capital murder by terror threat & 3rd degree kidnapping (Margo(t)). $1M bond (on murder).
Heidi & Magen have known each other since age 9; Magen pretended to have been pregnant simultaneously as Heidi; Investigators zeroed in on Fieramusca after tracking cell phone records & speaking with her boyfriend Christopher Green at Target store after he left the residence. CG confirmed that the baby in the missing poster was at his house. Texas DPS deployed a helicopter for aerial observation. And they noted a vehicle parked in back yard-in a manner consistent with an attempt to conceal the vehicle from public view. Police in Jersey Village first went to the home where Broussard was found dead because they were interested in a car parked in the backyard from an earlier tip (from video from 12/12/19 at Heidi’s apartment complex show Fieramusca picking up Heidi & Margo at 9:05am in Fieramusca’s 2015 Nissan Versa; Heidi appeared to get into the car willingly). Child Protective Services called by LE for a welfare check at the address. Margo(t) is in the custody of CPS as of 12/21/19, pending DNA tests. Heidi was found in a duffel bag in the back of Fieramusca Nissan Versa. 12/20/19: Heidi has been positively identified by the Harris County ME’s Office. Heidi's cause of death was ligature strangulation & manner of death ruled homicide. Margo(t) was reunited with her family on Monday, 12/23/19 per CPS officials.
12/20/19: Arrested for expired registration, failure to maintain financial restitution, no driver's license on demand, driving while license invalid, failed to change address of driver, expired driver's license & no car insurance back in April 2018. Total $1800 bond. Jail #SPN 02637975.
12/20/19: Arraignment hearing was for traffic tickets…. She plead no contest to all six tickets & was found guilty. She was fined $50 each for four of her outstanding tickets & $175 for the remaining two. Austin (Harris County) Police Dept. vehicle exited the jail in downtown Houston (Travis County) at around 6:30pm. Friday (12/20/19). Fierasmusca was crouched down in the passenger seat. The car arrived in Austin just after 9pm.
12/23/19 Update: CPS says investigators are waiting on DNA results before filing homicide charges. DNA tests could confirm as soon as Monday (12/23/19). Confirmed on Monday-reunited with her family. The probable cause document — which typically outlines the facts that justify an arrest –– has been sealed by the judge because the investigation is ongoing.
12/26/19 Update: Due in Travis County District Court for initial appearance on kidnapping & tampering charges on 1/2/20. Fieramusca “might” not appear in person per her attorneys. 12/17/19: Austin Police Dept., who confirmed that a second person has been arrested in connection with the case. The second suspect’s name, however, will not be released after a judge-issued gag order and cannot be confirmed. Rumors of 2nd suspect were false. Gag order is in place for 30 days from 12/19/19 when issued to at least 1/17/20.
12/31/19 Update: 1/2/20 initial hearing has been reset to 2/3/20. Case docs remain sealed to at least Jan 17, 2020 (subject to extension).
1/28/20 Update: Fieramusca was indicted on Tuesday (1/28/20) for the capital murder & kidnapping. The indictment stated that Fieramusca asphyxiated her friend after kidnapping her & choked Broussard by "ligature strangulation with a leash and with her hands." Bond for her capital murder charge has been set at $1 million, and $100,000 for her kidnapping charge.

 

[Seattle1]

I hate to reopen this can of worms, but it would make sense there’s no kidnapping charge for HB if the grand jury believed she was killed in her apt and her body then removed. The only reason I can think tampering charges weren’t included is if they also believed another party packaged the corpse in the duffle bag and put it in the trunk of MF’s car.

The HB kidnapping charge was not omitted from the Indictment after all (or as I initially believed).

It's actually defined in the Tx statute for Capital Murder (See option #2 below). In other words, there's no capital murder without kidnapping (or one of the other 8 options) defined in Texas Penal Code Section 19.03:

Texas Penal Code § 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) ;

[..]

(9).....

Texas Penal Code § 19.03 | FindLaw

 

[Colorado303]

The HB kidnapping charge was not omitted from the Indictment after all (or as I initially believed).

It's actually defined in the Tx statute for Capital Murder (See option #2 below). In other words, there's no capital murder without kidnapping (or one of the other 8 options) defined in Texas Penal Code Section 19.03:

Texas Penal Code § 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) ;

[..]

(9).....

Texas Penal Code § 19.03 | FindLaw

Yes, but wouldn’t the kidnapping of Margot also qualify HB’s death as capital murder? Or do they have to bundle the qualifying crime within the capital murder charge? Seems like they would want to keep them separate if possible so if the jury can’t agree someone’s guilty of murder they would still have the option of finding them guilty of the qualifying crime (in this case HB’s kidnapping).

 

[Tortoise]

MF has never appeared in court for the charges (not arraigned on her charges). She was scheduled to appear Jan 3 and reset to Feb 3 at her attorney's request.

Thank you. I had checked the media thread to see what her court date was and I misread that it was reset for Jan 3rd, and not Feb 3rd. I was wondering why there were no media updates on that and just assumed it was because I read it was a place holder and MF didn't need to appear. Now I know it misread the month. Thanks.

 

[Tortoise]

Yes, but wouldn’t the kidnapping of Margot also qualify HB’s death as capital murder? Or do they have to bundle the qualifying crime within the capital murder charge? Seems like they would want to keep them separate if possible so if the jury can’t agree someone’s guilty of murder they would still have the option of finding them guilty of the qualifying crime (in this case HB’s kidnapping).

That makes sense. Some of the trials I've watched they do file separate charges so that they can say if the state has proved the charge it constitutes a qualifier for the dp at the penalty phase. But each state has their own way of doing things. I would imagine she is still charged separately with Heidi's kidnapping and tampering, as the docket suggests.

All will be revealed today!

 

[deugirtni]

The HB kidnapping charge was not omitted from the Indictment after all (or as I initially believed).

It's actually defined in the Tx statute for Capital Murder (See option #2 below). In other words, there's no capital murder without kidnapping (or one of the other 8 options) defined in Texas Penal Code Section 19.03:

Texas Penal Code § 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) ;

[..]

(9).....

Texas Penal Code § 19.03 | FindLaw

If I am reading your post correctly, I believe this is what I have been trying to suggest - that those two initial charges of kidnapping Heidi and tampering/hiding her body have been replaced/absorbed in with the new (capital) murder charge. imo.

 

[Seattle1]

Yes, but wouldn’t the kidnapping of Margot also qualify HB’s death as capital murder? Or do they have to bundle the qualifying crime within the capital murder charge? Seems like they would want to keep them separate if possible so if the jury can’t agree someone’s guilty of murder they would still have the option of finding them guilty of the qualifying crime (in this case HB’s kidnapping).

The grand jury indictments did keep the charges separate but not because there is concern that the jury may not convict for the qualifying crime (i.e., aggravator for capital murder).

In this case, the jury will not have to decide if MF is guilty of kidnapping HB so there is no concern of the qualifying crime is not met. The qualifying aggravator was for the grand jury to decide before indicting for capital murder.

From the capital murder indictment: ..... and the defendant did then and there cause the death of said individual in the course of committing and attempting to commit the offense of kidnapping HB and MC.

Jessica Willey‏Verified account @ImJessicaWilley
Here are the indictments against Magen Fieramusca filed today. https://twitter.com/imjessicawilley/status/1222281866859905024 …

2:28 PM - 28 Jan 2020 from Houston, TX

 

[Colorado303]

The grand jury indictments did keep the charges separate but not because there is concern that the jury may not convict for the qualifying crime (i.e., aggravator for capital murder).

In this case, the jury will not have to decide if MF is guilty of kidnapping HB so there is no concern of the qualifying crime is not met. The qualifying aggravator was for the grand jury to decide before indicting for capital murder.

From the capital murder indictment: ..... and the defendant did then and there cause the death of said individual in the course of committing and attempting to commit the offense of kidnapping HB and MC.

Jessica Willey‏Verified account @ImJessicaWilley
Here are the indictments against Magen Fieramusca filed today. https://twitter.com/imjessicawilley/status/1222281866859905024 …

2:28 PM - 28 Jan 2020 from Houston, TX

They kept the charges of capital murder of HB and kidnapping of Margot separate in the indictments, but I was talking about the charge re the kidnapping of Heidi. I understand they don’t need to find her guilty of kidnapping if they find her guilty of murder. I was just surprised they weren’t separate in the unlikely event a jury believes she’s guilty of kidnapping Heidi but not guilty of murder. Not that I think they’ll have any doubt as to MF’s guilt, but I thought DA’s typically separate charges whenever possible to cover their bases in case one of the charges goes South. That’s all.