TX - Moriah Wilson, Cyclist Fatally Shot Before Race, Austin, #3

[Howl]

@SMK777 thanks for that excellent time line. Now I know that MW and CS were at Deep Eddy pool (very cold water on a hot day) and not across Lady Bird Lake at Barton Springs. Deep Eddy is a regular swimming pool; it would be hard but not impossible to spy on those swimming without detection if KA was stalking and spying or even just following CS on the motorcycle.

The most distressing thing to me is that MW was clinging to life, suffering but unable to call for help if conscious.

Also, the detail that likely KA took MW's bike and threw it in the bushes is simply beyond weird. I'm sure there's major psychological significance (jealous rage?) there, considering that all three (KA, CS, MW) were cyclists, but KA was a recreational cyclist while MW and CS were pros.

 

[SMK777]

There is a hearing on 7/20 @ 9am.

Register of Actions

odysseyweb.traviscountytx.gov

Yes, but is that the arraignment, which usually takes a few minutes, or did that already happen yesterday?

 

[JusCurious]

Can’t imagine what the evening was like when KA came home that night! Did she call him out for his lies or did she stay silent and act like everything was normal. Did she just snuggle in bed with him and go to sleep? Did she get sick and vomit? Did she have blood spatter on her clothes? I just can’t even put myself in that situation - coming home after shooting someone multiple times and getting on with my evening. And then everything else she did following! Mind boggling.

My thoughts too... she was in a rage so strong she murdered a young woman, then to go home to the source of the rage? He had lived with her for years, I am sure he had to sense something! What transpired on the next days as they were questioned... surely at some point CS had to realize KA was being looked at for the murder.

 

[Mrspratcher]

Yes, but is that the arraignment, which usually takes a few minutes, or did that already happen yesterday?

I’m not sure. Per Texas law:

Art. 26.03. TIME OF ARRAIGNMENT. No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

We don’t know if she’s been served with a copy of the indictment or whether she has waived arraignment all together.

 

[SMK777]

I’m not sure. Per Texas law:

Art. 26.03. TIME OF ARRAIGNMENT. No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

We don’t know if she’s been served with a copy of the indictment or whether she has waived arraignment all together.

Thanks very much for that info!

 

[SteveP]

Except KA was NOT charged with capital murder(max penalty is death), making deportation moot.

KA was charged with Felony Murder 1 where the penalty is 5 to 99.

You're right, Texas reserves the capital murder charge for any of several special circumstances, none of which applies to KA's murder of MW. Considering that the trial will be held in Travis County, which is, by far, the most liberal county in the state, I think it would be extremely difficult to seat a jury willing to give someone the death penalty, even if it was an option. I fully expect that KA, if convicted of both charges, will probably end up serving 25-30 years, and possibly less than that, if she behaves in prison. While I think she will work nonstop to get her conviction overturned, once she has accepted that prison may be her life for x number of years, I can actually see her being a model prisoner, probably teaching a yoga class in the women's prison, keeping her nose clean, and perhaps furthering her education, all in hopes of shortening her sentence. JMO

 

[SMK777]

​

In the brief ABC News Austin clip above, the anchor says in closing that prosecutors may raise Armstrong’s charges to Capital murder, opening her up to Texas’ death penalty— however, the below seems to indicate that’s not possible:​

Capital Murder​

Capital murder and first-degree murder are both very similar. Both involve the premeditated killing of another person. The main difference between the two are the circumstances surrounding the crimes. Capital murder in Texas must involve one of the following elements:

• The victim is a peace officer or fireman in the line of duty and the defendant knows this.
• The killing occurs during the commission or attempt of the following felonies: kidnapping, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.
• The killing was committed for payment or promise of payment. In this instance, both the person who paid for the killing and the actual killer can be charged with capital murder.
• The killing occurs during the escape, or attempted escape, from a penal institution.
• The killing is committed by an incarcerated person in conjunction with organized criminal activity.
• The killing is committed by a person incarcerated for the following aggravated felonies: aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
• The defendant kills more than one individual either in one act, such as a mass shooting, or during different criminal acts, such as gang killings or as a serial killer.
• The victim is under 10 years old.
• The victim was a judge or justice and the killing was committed in retaliation or on account of the judge or justice’s service.
• What Does "Capital Murder" Mean In Texas? - Hampton Law Firm

 

[SteveP]

​

In the brief ABC News Austin clip above, the anchor says in closing that prosecutors may raise Armstrong’s charges to Capital murder, opening her up to Texas’ death penalty— however, the below seems to indicate that’s not possible:​

Capital Murder​

Capital murder and first-degree murder are both very similar. Both involve the premeditated killing of another person. The main difference between the two are the circumstances surrounding the crimes. Capital murder in Texas must involve one of the following elements:

• The victim is a peace officer or fireman in the line of duty and the defendant knows this.
• The killing occurs during the commission or attempt of the following felonies: kidnapping, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.
• The killing was committed for payment or promise of payment. In this instance, both the person who paid for the killing and the actual killer can be charged with capital murder.
• The killing occurs during the escape, or attempted escape, from a penal institution.
• The killing is committed by an incarcerated person in conjunction with organized criminal activity.
• The killing is committed by a person incarcerated for the following aggravated felonies: aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
• The defendant kills more than one individual either in one act, such as a mass shooting, or during different criminal acts, such as gang killings or as a serial killer.
• The victim is under 10 years old.
• The victim was a judge or justice and the killing was committed in retaliation or on account of the judge or justice’s service.
• What Does "Capital Murder" Mean In Texas? - Hampton Law Firm

Yeah, after reading that earlier, I see no avenue that leads to her being able to be charged with capital murder..

 

[SMK777]

I’m not sure. Per Texas law:

Art. 26.03. TIME OF ARRAIGNMENT. No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

We don’t know if she’s been served with a copy of the indictment or whether she has waived arraignment all together.

I’m also wondering about the timing of the bail (whether it remains at $3.5 MIL or is raised) — Will KA have to sit in Travis County jail for the next 2 weeks, until her hearing at 9 am on 7/20/22, or can she try and get bailed out now?

 

[SMK777]

Yeah, after reading that earlier, I see no avenue that leads to her being able to be charged with capital murder..

They also said she was “extradited” from Costa Rica, when she was deported. And they’re totally wrong about capital murder and the death penalty being possible for KA. This is ABC NEWS.

 

[SMK777]

Yeah, after reading that earlier, I see no avenue that leads to her being able to be charged with capital murder..

The only thing I could see remotely applying to KA with Capital murder/death penalty is that she committed the crime while making terroristic threats — but that’s really a stretch.

 

[Emi]

good morning everyone; marking my sport has anyone noticed that CA passport expired in 2018 based on the screenshot of the photo

 

[SMK777]

good morning everyone; marking my sport has anyone noticed that CA passport expired in 2018 based on the screenshot of the photo

Wow, maybe she had a new one, and gave the expired one to KA? But are you allowed to keep an expired passport? Maybe CA doesn’t care to do more traveling outside the US?

 

[Mrspratcher]

​

In the brief ABC News Austin clip above, the anchor says in closing that prosecutors may raise Armstrong’s charges to Capital murder, opening her up to Texas’ death penalty— however, the below seems to indicate that’s not possible:​

Capital Murder​

Capital murder and first-degree murder are both very similar. Both involve the premeditated killing of another person. The main difference between the two are the circumstances surrounding the crimes. Capital murder in Texas must involve one of the following elements:

• The victim is a peace officer or fireman in the line of duty and the defendant knows this.
• The killing occurs during the commission or attempt of the following felonies: kidnapping, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.
• The killing was committed for payment or promise of payment. In this instance, both the person who paid for the killing and the actual killer can be charged with capital murder.
• The killing occurs during the escape, or attempted escape, from a penal institution.
• The killing is committed by an incarcerated person in conjunction with organized criminal activity.
• The killing is committed by a person incarcerated for the following aggravated felonies: aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
• The defendant kills more than one individual either in one act, such as a mass shooting, or during different criminal acts, such as gang killings or as a serial killer.
• The victim is under 10 years old.
• The victim was a judge or justice and the killing was committed in retaliation or on account of the judge or justice’s service.
• What Does "Capital Murder" Mean In Texas? - Hampton Law Firm

Need more facts - perhaps, burglary (the bike).

 

[Mrspratcher]

I’m also wondering about the timing of the bail (whether it remains at $3.5 MIL or is raised) — Will KA have to sit in Travis County jail for the next 2 weeks, until her hearing at 9 am on 7/20/22, or can she try and get bailed out now?

I don’t believe she will be able to post, as the State has requested a hearing to raise the bond amount.

 

[Gypsy Road]

CA’s passport was issued 2018 and will expire 2028 per photos on Twitter

 

[Gypsy Road]

Need more facts - perhaps, burglary (the bike).

Do they have video of her putting the bike in the bushes? It wasn’t found in KA’s possession but in the bushes, right? Obvious KA put it there, but can they prove she stole it?

 

[Sundog]

dbm

 

[Gypsy Road]

Wow, maybe she had a new one, and gave the expired one to KA? But are you allowed to keep an expired passport? Maybe CA doesn’t care to do more traveling outside the US?

You can keep your old passport, but once you get a new one and the old one is presented uoon renewing your passport - they punch holes in it. At least they did mine. CA got her passport in 2018, and traveled to Europe that summer. Her passport doesn’t expire until 2028.

 

[Mrspratcher]

Do they have video of her putting the bike in the bushes? It wasn’t found in KA’s possession but in the bushes, right? Obvious KA put it there, but can they prove she stole it?

Not that we know of. IIRC the landlord heard what sounded like someone escaping on a bike around the time of the killing.