GUILTY TX - Heidi Broussard, 33, murdered, baby stolen, Austin, 12 Dec 2019 *friend charged* #13

[Megnut]

Magen Fieramusca case: Woman accused of killing Austin mom, kidnapping baby to plead guilty

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told …

www.kxan.com

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told KXAN Tuesday.

In exchange for the plea agreement, the attorneys for Magen Fieramusca said they expect a sentence of 55 years in prison.

I hope that means not one single day less.

JMO

 

[LongLittleDoggoe]

I hope that means not one single day less.

JMO

“By pleading guilty to a first degree murder charge and receiving a 55 year sentence she will be eligible for parole after serving 27 and a half years”

Unfortunately she may not serve all of it.

 

[Seattle1]

Magen Fieramusca case: Woman accused of killing Austin mom, kidnapping baby to plead guilty

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told …

www.kxan.com

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told KXAN Tuesday.

In exchange for the plea agreement, the attorneys for Magen Fieramusca said they expect a sentence of 55 years in prison.

Wow -- this plea was a long time coming. How selfish not to give this family the closure they deserved four years ago. They treated MF like family. It wasn't enough to lose Heidi, they've also had to live (and still live) with the pain of betrayal for which there is no defense. JMO

 

[PommyMommy]

https://twitter.com/x/status/1618017069752061952

 

[PommyMommy]

JAN 24, 2023

Woman accused of killing Heidi Broussard to steal baby will take plea deal, 55-year sentence

A woman who investigators say befriended Austin mother Heidi Broussard before killing her and kidnapping her infant is expected to accept a plea deal.

www.statesman.com

[...]

"We hope that this outcome brings some closure and allows the Broussard and Carey families to continue their healing process," the Travis County DA's office said in a statement. "Our hearts continue to break for them and their immeasurable loss."

Fieramusca was originally charged with capital murder. Fieramusca's attorney, Brian Erskine, said he felt the plea agreement was appropriate.

"As charged, Ms. Fieramusca was looking at life without the possibility of parole," Erskine said. "After considerable discussion, in conjunction with significant compelling mitigation related to Ms. Fieramusca and the possible appellate issues related to the search of her residence, both parties feel that this is the appropriate resolution. I imagine many have questions that will never be adequately answered. Nevertheless, I hope that this plea brings some closure to this family’s great loss."

[...]

Plea agreement reached in case of Austin woman accused of killing friend, kidnapping her baby

Magen Fieramusca is charged with capital murder, tampering with a corpse, and kidnapping in the death of Heidi Broussard and the kidnapping of her child.

www.fox7austin.com

Travis County District Attorney Jose Garza said this plea, that includes Fieramusca waiving her right to appeal, will save the family from potentially decades of litigation.

"People have the right to appeal to the Court of Appeals and to the Texas Court of Criminal Appeals and sometimes to the Supreme Court. And for a family, particularly for a family that has lost a loved one, living through that process can be very, very difficult. When we are able to secure a plea agreement that we think is a just outcome, it can save the family from that process," Garza said.

Woman accused of kidnapping, killing Austin mother in 2019 to take plea deal

The plea is conditioned on Magen Fieramusca receiving a sentence of 55 years and waiving her right to appeal.

www.khou.com

The Travis County District Attorney's Office's shared the following statement with KVUE:
"On January 31, the District Attorney’s Office expects Megan [Magen] Fieramusca to plead guilty to the murder of Heidi Broussard. The plea is conditioned on Ms. Fieramusca receiving a sentence of 55 years and waiving her right to appeal, meaning that the defense will not be able to litigate decisions made by the Court during pre-trial litigation. We hope that this outcome brings some closure and allows the Broussard and Carey families to continue their healing process. Our hearts continue to break for them and their immeasurable loss."

 

[steeltowngirl]

“By pleading guilty to a first degree murder charge and receiving a 55 year sentence she will be eligible for parole after serving 27 and a half years”

Unfortunately she may not serve all of it.

At least Heidi’s children will be grown adults by the time the MF is eligible for parole. They will have the right to provide victim impact statements to the parole board, should they choose to do so.

 

[PommyMommy]

JAN 24, 2023

Mom of victim Heidi Broussard speaks out about Magen Fieramusca sentence

Broussard’s mother confirmed that she was told about the sentence and will be in court on Tuesday, Jan. 31.

www.kxan.com

Broussard’s mother, Tammy, confirmed that she was told about the sentence and will be in court on Tuesday, Jan. 31.

Broussard said she still doesn’t know why Magen killed her daughter, she said the two were supposed to be friends.

“I have a big portrait of Heidi and Shane and the kids and I am bringing that and hopefully they will let me put it in the courtroom so that she can see what she has done, something that will remind her of what she has done,” Broussard said. “I don’t have any ill feelings towards her, God has set me at peace, and we just have to get this done.”

 

[deugirtni]

“By pleading guilty to a first degree murder charge and receiving a 55 year sentence she will be eligible for parole after serving 27 and a half years”

Unfortunately she may not serve all of it.

Why would she only be required to serve HALF of the time of the sentence??

 

[Seattle1]

“By pleading guilty to a first degree murder charge and receiving a 55 year sentence she will be eligible for parole after serving 27 and a half years”

Unfortunately she may not serve all of it.

Wait! I'm not finding OP's quote in any MSM related to this case. Can you please link the reference?

From the quoted link below, we know that as charged, MF would not have been eligible for parole.

The Defense and Prosecution have come to a negotiated agreement, and we expect a sentence of 55 years in prison from the Court this coming Tuesday, 1/31. As charged, Ms. Fieramusca was looking at life without the possibility of parole.

However, if she is deemed convicted of capital murder, the statute provides she is not eligible for parole until serving 40 years.

Inmates convicted of capital murder (Penal Code 19.03) are only eligible for parole after serving 40 years in jail.

I trust that if the agreement is not going to honor 40 years before eligibility, then as a convicted murderer, she not be entitled to good time credit or time served and that she must serve at least half of her 55-year sentence before ever being eligible for parole.

Magen Fieramusca case: Woman accused of killing Austin mom, kidnapping baby to plead guilty

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told …

www.kxan.com

Parole in Texas Criminal Cases

Parole is a discretionary release from prison. Most prisoners in Texas become eligible for parole before their sentence ends. Once eligible, inmates can be released on parole. After release, the inmate is put on community supervision. People can then spend the rest of their sentence on parole...

www.shouselaw.com

 

[steeltowngirl]

Why would she only be required to serve HALF of the time of the sentence??

• A “3g offense” refers to Section 3G of the Texas Code of Criminal Procedure.
• If the 3g offender committed the crime on/after September 1, 1993, he or she must serve at least 50 percent of the sentence before becoming parole-eligible.

Texas 3G Offenses and the Impact on Sentencing and Parole | Fort Worth Criminal Defense, Personal Injury, and Family Law

What are 3G Offenses in Texas and why does it matter? 3G Offenses have a big impact on parole eligibility. Learn more here. Contact us at (817) 993-9249

www.bhwlawfirm.com

 

[Seattle1]

• A “3g offense” refers to Section 3G of the Texas Code of Criminal Procedure.
• If the 3g offender committed the crime on/after September 1, 1993, he or she must serve at least 50 percent of the sentence before becoming parole-eligible.

Texas 3G Offenses and the Impact on Sentencing and Parole | Fort Worth Criminal Defense, Personal Injury, and Family Law

What are 3G Offenses in Texas and why does it matter? 3G Offenses have a big impact on parole eligibility. Learn more here. Contact us at (817) 993-9249

www.bhwlawfirm.com

However, if she is deemed convicted of capital murder, the statute provides she is not eligible for parole until serving 40 years.

Inmates convicted of capital murder (Penal Code 19.03) are only eligible for parole after serving 40 years in jail.

^^rsbm

As charged, we know she would not have been eligible for parole. I really hope her plea conviction is for capital murder! She could have given the family that treated her as family closure 4 years ago but was selfish!

 

[steeltowngirl]

^^rsbm

As charged, we know she would not have been eligible for parole. I really hope her plea conviction is for capital murder! She could have given the family that treated her as family closure 4 years ago but was selfish!

I like your answer much better! No parole for the MF.

 

[Megnut]

Wait! I'm not finding OP's quote in any MSM related to this case. Can you please link the reference?

From the quoted link below, we know that as charged, MF would not have been eligible for parole.

The Defense and Prosecution have come to a negotiated agreement, and we expect a sentence of 55 years in prison from the Court this coming Tuesday, 1/31. As charged, Ms. Fieramusca was looking at life without the possibility of parole.

However, if she is deemed convicted of capital murder, the statute provides she is not eligible for parole until serving 40 years.

Inmates convicted of capital murder (Penal Code 19.03) are only eligible for parole after serving 40 years in jail.

I trust that if the agreement is not going to honor 40 years before eligibility, then as a convicted murderer, she not be entitled to good time credit or time served and that she must serve at least half of her 55-year sentence before ever being eligible for parole.

Magen Fieramusca case: Woman accused of killing Austin mom, kidnapping baby to plead guilty

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told …

www.kxan.com

Parole in Texas Criminal Cases

Parole is a discretionary release from prison. Most prisoners in Texas become eligible for parole before their sentence ends. Once eligible, inmates can be released on parole. After release, the inmate is put on community supervision. People can then spend the rest of their sentence on parole...

www.shouselaw.com

Magen Fieramusca case: Woman accused of killing Austin mom, kidnapping baby to plead guilty

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told …

www.kxan.com

Very last sentence references 27.5 years.

Stinks.

JMO

 

[Megnut]

I have a reasonable compromise.

27.5 years for murder but I get to tack on 127.5 for kidnapping.

JMO

 

[Seattle1]

Magen Fieramusca case: Woman accused of killing Austin mom, kidnapping baby to plead guilty

The woman accused of killing an Austin friend and kidnapping her 3-week-old baby in December 2019 is expected to enter a guilty plea during her next court appearance on Jan. 31, her attorneys told …

www.kxan.com

Very last sentence references 27.5 years.

Stinks.

JMO

Thanks, @Megnut. Since I'm not seeing any official statement in the quoted link that MF's plea agreement was actually written for the generic first-degree murder conviction vs violent offense conviction-- where the average time spent incarcerated was at 67.8% of the sentence before parole (i.e., a 55-year sentence), I'm holding out hope that the prosecutor stood firm and will hold MF to statutory 40 years incarceration before parole eligible. Especially since it appears the kidnapping charges of both Heidi and 3-week-old Margo were dismissed.

 

[BeckyF]

Wow -- this plea was a long time coming. How selfish not to give this family the closure they deserved four years ago. They treated MF like family. It wasn't enough to lose Heidi, they've also had to live (and still live) with the pain of betrayal for which there is no defense. JMO

And let’s not forget that many people accused the Baby’s Dad, Shane, of being the killer. I hope he received lots of support. She could have brought closure to this for this reason alone.

 

[deugirtni]

This is what the court docket is now saying for the January 31st court date.

Defendant
Attorney
Cause
Date & Time
Appear at Courthouse
Court
Floor
Type
Charge

FIERAMUSCA, MAGEN
BAILEY, KELLIE
D-1-DC-20-900007
1/31/23 1:15 PM
Appear
460
1
PLE
CAPITAL MURDER BY TERROR THREAT/OTHER FELONY

FIERAMUSCA, MAGEN
BAILEY, KELLIE
D-1-DC-19-302438
1/31/23 1:15 PM
Appear
460
1
PLE
KIDNAPPING

FIERAMUSCA, MAGEN
ERSKINE, BRIAN
D-1-DC-19-302439
1/31/23 1:15 PM
Appear
460
1
PLE
TAMP/FAB PHYS EVID W/INTENT TO IMPAIR HUM CORPSE

FIERAMUSCA, MAGEN
BAILEY, KELLIE
D-1-DC-19-302439
1/31/23 1:15 PM
Appear
460
1
PLE
TAMP/FAB PHYS EVID W/INTENT TO IMPAIR HUM CORPSE

FIERAMUSCA, MAGEN
ERSKINE, BRIAN
D-1-DC-19-302438
1/31/23 1:15 PM
Appear
460
1
PLE
KIDNAPPING

FIERAMUSCA, MAGEN
ERSKINE, BRIAN
D-1-DC-20-900007
1/31/23 1:15 PM
Appear
460
1
PLE
CAPITAL MURDER BY TERROR THREAT/OTHER FELONY

FIERAMUSCA, MAGEN
KADIRHAN, J.
D-1-DC-20-900007
1/31/23 1:15 PM
Appear
460
1
PLE
CAPITAL MURDER BY TERROR THREAT/OTHER FELONY

FIERAMUSCA, MAGEN
ERSKINE, BRIAN
D-1-DC-19-302437
1/31/23 1:15 PM
Appear
460
1
PLE
KIDNAPPING

FIERAMUSCA, MAGEN
BAILEY, KELLIE
D-1-DC-19-302437
1/31/23 1:15 PM
Appear
460
1
PLE
KIDNAPPING

Criminal Docket Search

 

[deugirtni]

Thanks, @Megnut. Since I'm not seeing any official statement in the quoted link that MF's plea agreement was actually written for the generic first-degree murder conviction vs violent offense conviction-- where the average time spent incarcerated was at 67.8% of the sentence before parole (i.e., a 55-year sentence), I'm holding out hope that the prosecutor stood firm and will hold MF to statutory 40 years incarceration before parole eligible. Especially since it appears the kidnapping charges of both Heidi and 3-week-old Margo were dismissed.

Sorry, I can't keep up..... the both kidnapping charges have been dismissed?? Is there a link??

 

[Seattle1]

Sorry, I can't keep up..... the both kidnapping charges have been dismissed?? Is there a link??

Sorry, it's my assumption only from MSM news that MF will only have to serve 27.5 years-- 50% of the negotiated 55-year sentence.

In my previous posts, including refs to the statute, a conviction of either a violent offense (murder AND kidnapping), or a capital murder conviction, MF would have to serve more than 50% of the negotiated 55 yr sentence before being eligible for parole release. MOO

 

[EllaMinnowP]

Anything less than a life sentence
doesn’t seem like adequate justice
for the crime(s), imo.
As far as negotiating with (iow rewarding) MF for a guilty plea, I think 55 years is plenty lenient. Even without the possibility of parole, 55 yrs would still be generous & merciful given the hellacious acts she has committed. MOO
We know she perpetrated these heinous acts. She admits it. I really do wonder what direction we’re headed in as a country when this vicious crime isn’t enough to draw a most severe penalty.

I truly hope the Broussard and Carey families are satisfied with the outcome. That’s what really matters is that they feel justice is served. MOO