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

[Sundog]

I agree. I believe her legal team hit the ground running -- already motioned for discovery from LE. I expect they will be doing their best to have the charges downgraded to Felony Murder 2 (crime of passion).

Not that I believe this is true. I'm still trying to understand the real KA???

I agree, I think her legal team will work on having the charges downgraded due to a defense of crime of passion.

 

[Gypsy Road]

In Armstrong’s case, she is being held in Austin, Texas, on state charges of first-degree murder and theft of services.

On the federal level, she’s been charged with unlawful flight to avoid prosecution after spending 43 days on the lam while named in a murder warrant.

BBM

ETA:
The charge carries a sentence of up to five years in prison, per:

Fugitive Felon Act - Wikipedia

en.m.wikipedia.org

Hope they charge her with fraudulent passport use as well- if they can. That carries up to 25 years I believe - and a hefty fine.

 

[JerseyWasHome2]

In Armstrong’s case, she is being held in Austin, Texas, on state charges of first-degree murder and theft of services.

On the federal level, she’s been charged with unlawful flight to avoid prosecution after spending 43 days on the lam while named in a murder warrant.

BBM

ETA:
The charge carries a sentence of up to five years in prison, per:

Fugitive Felon Act - Wikipedia

en.m.wikipedia.org

And what about illegally using another's passport?

 

[JerseyWasHome2]

I agree, I think her legal team will work on having the charges downgraded due to a defense of crime of passion.

Isn't a crime of passion, though, an "in the heat of the moment" crime, as opposed to stalking someone on an app, driving around their location to scope out the scene, stalking them the hours before you kill them, etc.?

 

[Sundog]

Yes, that’s indicative of stalking and the prosecution will assert that.

If KA was out riding her bicycle and rode by the house where MW would be staying during her trip to Austin, I think the defense could argue that KA was just curious about where MW would be staying since MW was perhaps texting KA's boyfriend, and KA had an interest in seeing where this residence was located so that she could keep track of her boyfriend and make sure he wasn't cheating on her once MW arrived in Austin.

 

[SM79]

​

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

I think burglary could be applicable here…

 

[Sundog]

Is the house that they co-own the house that they have been living in together, or is it a differnt house?

 

[SteveP]

Is the house that they co-own the house that they have been living in together, or is it a differnt house?

The addresses are not the same. The house they co-own is in Lockhart, and they have been living together at a house in Austin, which is solely owned by CS. JMO

 

[Sundog]

Except she didn't "snap" this was a long slow burn that ended in the planned murder of Moriah Wilson.

I think the defense will argue the former and the prosecution will argue the latter. They will both present their best evidence and arguments. In the end, each member of the jury will have to decide. Did she snap? Was it a crime of passion? Or did she plan it.

 

[Missing Susan]

The plot thickens!

“So even if she could post bail, she’d remain in custody on the detainer, former federal prosecutor Neama Rahmani told Fox News Digital Wednesday.

According to the Justice Department, federal detainers are formal notices informing a given jurisdiction that an inmate faces pending charges in another.”

Kaitlin Armstrong could remain jailed on federal hold even if she scrounges $3.5M bond, former prosecutor says

Authorities have requested a "hold for feds" detainer on Texas cycling love triangle murder suspect Kaitlin Armstrong following the death of Anna Moriah "Mo" Wilson in Austin.

www.foxnews.com

Aren't ICE detainers aggressively and proudly ignored by many jursidictions? Maybe Austin is a yoga sanctuary jurisdiction.

 

[Sundog]

Well it would only take one juror to feel sympathy for her unfortunately and not want to vote her guilty - no matter what the jury instructions were.

Even following the jury instructions, it would only take one juror to believe there was reasonable doubt based on the defense's evidence and arguments. Not necessarily a sympathy vote, but of course, it could be.

 

[Sundog]

I hope not!! No leniency should be shown in my opinion. There is no reason for Moriah to be murdered. Period.

It isn't possible to have an informed opinion until we see all the evidence from the prosecution and the defense at the trial. I do think KA will be held accountable for the murder of MW. But what the sentence will be and the level of the charge will depend on the defense and prosecution as they both make their case. To decide in advance without seeing the evidence and hearing the case goes against our legal system in the U.S. KA, like any other defendant, is innocent until proven guilty. That's just the way the system works. Edited to add: IMO

 

[SMK777]

The plot thickens!

“So even if she could post bail, she’d remain in custody on the detainer, former federal prosecutor Neama Rahmani told Fox News Digital Wednesday.

According to the Justice Department, federal detainers are formal notices informing a given jurisdiction that an inmate faces pending charges in another.”

Kaitlin Armstrong could remain jailed on federal hold even if she scrounges $3.5M bond, former prosecutor says

Authorities have requested a "hold for feds" detainer on Texas cycling love triangle murder suspect Kaitlin Armstrong following the death of Anna Moriah "Mo" Wilson in Austin.

www.foxnews.com

So, she can be detained on the unlawful flight charges. She is accused of stalking Ms. Wilson before murdering her. Ballistics match to her gun. The prosecution has a very solid case.

 

[SMK777]

Hope they charge her with fraudulent passport use as well- if they can. That carries up to 25 years I believe - and a hefty fine.

Of course they can, it’s the reason Costa Rican immigrations deported her.

 

[SMK777]

If KA was out riding her bicycle and rode by the house where MW would be staying during her trip to Austin, I think the defense could argue that KA was just curious about where MW would be staying since MW was perhaps texting KA's boyfriend, and KA had an interest in seeing where this residence was located so that she could keep track of her boyfriend and make sure he wasn't cheating on her once MW arrived in Austin.

In the latest article posted here it said she’s charged with stalking and murdering Wilson:

The former yoga instructor is accused of stalking and killing Wilson on May 11, according to an Austin murder warrant.

Police alleged that her Jeep Grand Cherokee appeared on surveillance video near the crime scene moments before the slaying.

Kaitlin Armstrong could remain jailed on federal hold even if she scrounges $3.5M bond, former prosecutor says

Authorities have requested a "hold for feds" detainer on Texas cycling love triangle murder suspect Kaitlin Armstrong following the death of Anna Moriah "Mo" Wilson in Austin.

www.foxnews.com

 

[Sundog]

In the latest article posted here it said she’s charged with stalking and murdering Wilson:

The former yoga instructor is accused of stalking and killing Wilson on May 11, according to an Austin murder warrant.

Police alleged that her Jeep Grand Cherokee appeared on surveillance video near the crime scene moments before the slaying.

Kaitlin Armstrong could remain jailed on federal hold even if she scrounges $3.5M bond, former prosecutor says

Authorities have requested a "hold for feds" detainer on Texas cycling love triangle murder suspect Kaitlin Armstrong following the death of Anna Moriah "Mo" Wilson in Austin.

www.foxnews.com

The defense may argue that she was looking for her boyfriend who was out with MW that night. Just looking at it from both the defense side and the prosecution's side.

 

[SteveP]

It isn't possible to have an informed opinion until we see all the evidence from the prosecution and the defense at the trial. I do think KA will be held accountable for the murder of MW. But what the sentence will be and the level of the charge will depend on the defense and prosecution as they both make their case. To decide in advance without seeing the evidence and hearing the case goes against our legal system in the U.S. KA, like any other defendant, is innocent until proven guilty. That's just the way the system works. Edited to add: IMO

Even if the prosecution asks for a conviction on 1st degree murder, when this case has been tried and ultimately goes to the jury, it is possible that the judge may allow them to consider a conviction on a lesser charge of 2nd degree felony, Crime of Passion, or perhaps even Manslaughter, although I think that is unlikely. JMO

 

[Bridger]

It isn't possible to have an informed opinion until we see all the evidence from the prosecution and the defense at the trial. I do think KA will be held accountable for the murder of MW. But what the sentence will be and the level of the charge will depend on the defense and prosecution as they both make their case. To decide in advance without seeing the evidence and hearing the case goes against our legal system in the U.S. KA, like any other defendant, is innocent until proven guilty. That's just the way the system works. Edited to add: IMO

Individuals are not bound by the US legal system to refrain from forming an opinion about an accused‘s guilt or innocence. While our system provides that a defendant is innocent until proven guilty, that’s only a legal construct. We wouldn’t have much to talk about if we were all required to consider Kaitlin innocent. I think she’s guilty as sin.

 

[RickshawFan]

Yes, but wouldn’t manslaughter charges be too low for someone who gunned down a defenseless girl and shot her multiple times, leaving her to bleed to death? ​

​

Texas Manslaughter​

Chapter 19 of the Texas Penal Code defines the crime of manslaughter. Section 19.04 states that a person commits manslaughter if “he recklessly causes the death of an individual.” In order to be considered reckless, a person must be aware of the risk surrounding their conduct or the results that could occur, but consciously disregard that awareness. This crime does not require an element of premeditation, intent, or knowledge; it requires only that a person was reckless.

Texas does not differentiate between voluntary and involuntary manslaughter like most other states. However, Texas does provide a separate offense of “intoxication manslaughter” and “vehicular manslaughter” that each comes with its own set of definitions and penalties.

Texas Laws on Manslaughter

In Texas, manslaughter is included in a set of crimes known as criminal homicide. It includes crimes such as murder, capital murder, and criminally negligent homicide. A person commits criminal homicide if he kills another person intentionally, knowingly, recklessly, or with criminal negligence...

www.dfwcriminallawyer.com

KA went to the apartment to confront MW, and forgot the gun was loaded? She meant to just threaten MW, but the gun went off by mistake? She regularly carries a loaded weapon in her purse, and it accidentally went off when she knocked at the door and MW suddenly opened it?

 

[SMK777]

Individuals are not bound by the US legal system to refrain from forming an opinion about an accused‘s guilt or innocence. While our system provides that a defendant is innocent until proven guilty, that’s only a legal construct. We wouldn’t have much to talk about if we were all required to consider Kaitlin innocent. I think she’s guilty as sin.

Yes. Same applied to Jodi Arias, Casey Anthony, Scott Peterson, Chris Watts, etc. And the US Marshals said she was wanted for first-degree murder —that’s not a perspective of innocence.