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

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KathrynL said:
Not a lawyer, but I don't think the state has any obligation to defense attorneys until after an indictment is secured. I'm all for fair trials, discovery and the "beyond a reasonable doubt" standards for criminal trials. But this bit of whining is, well..... stupid. moo
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You might not be a lawyer but you stayed at a Holiday Inn last night! :)

"Prior to indictment, but after an accused person has been booked, (meaning they have been arrested or turned themselves in), the attorney of record may make a request for discovery. Discovery will be made available as soon as practicable prior to indictment unless the prosecutor believes that disclosure could impair an on-going investigation or possibly place a victim, witness, or the community at risk. If discovery is provided prior to indictment, defense counsel should be aware that it is likely to be limited and/or incomplete at that point. It will be necessary for counsel to continue checking TechShare for supplemental discovery."

Under "things to be aware of" here: Defense Attorney Information
 
I'm curious about meaning of terroristic threat as it pertains to this case and state o Texas.
Terroristic Threat in Texas | What is a Terroristic Threat? It is vague to the point of uselessness.

Findlaw has a more comprehensive explanation.
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;

(2) place any person in fear of imminent serious bodily injury;

(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

(5) place the public or a substantial group of the public in fear of serious bodily injury;  or

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

(b) An offense under Subsection (a)(1) is a Class B misdemeanor.

(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:

(1) is committed against a member of the person's family or household or otherwise constitutes family violence;  or

(2) is committed against a public servant.

(c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge.

(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.

(f) In this section:

(1) “Family” has the meaning assigned by Section 71.003, Family Code .

(2) “Family violence” has the meaning assigned by Section 71.004, Family Code .

(3) “Household” has the meaning assigned by Section 71.005, Family Code .

(g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.

Texas Penal Code § 22.07. Terroristic Threat

Source Texas Penal Code § 22.07 | FindLaw
 
kittythehare said:
I'm curious about meaning of terroristic threat as it pertains to this case and state o Texas.
Terroristic Threat in Texas | What is a Terroristic Threat? It is vague to the point of uselessness.

Findlaw has a more comprehensive explanation.
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;

(2) place any person in fear of imminent serious bodily injury;

(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

(5) place the public or a substantial group of the public in fear of serious bodily injury;  or

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

(b) An offense under Subsection (a)(1) is a Class B misdemeanor.

(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:

(1) is committed against a member of the person's family or household or otherwise constitutes family violence;  or

(2) is committed against a public servant.

(c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge.

(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.

(f) In this section:

(1) “Family” has the meaning assigned by Section 71.003, Family Code .

(2) “Family violence” has the meaning assigned by Section 71.004, Family Code .

(3) “Household” has the meaning assigned by Section 71.005, Family Code .

(g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.

Texas Penal Code § 22.07. Terroristic Threat

Source Texas Penal Code § 22.07 | FindLaw
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We need a lawyer here please. @gitana1 can u help? Example of when u have seen this charge domestically?
 
katydid23 said:
Right, but 50K? That is a big ask.

He could have asked for 10k and that would give him a few months to figure something out, and then he could go to the well again. Like if you ask your parents for a car when you turn 16, do you need to ask for a new BMW or should you maybe ask for a nice safe used car to start with?
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He will be getting SS and the kids will also won't they? When I worked at Cracker Barrel and you were full time there was also a life insurance policy provided by the company, but there again that was years ago!
 
lindaromas said:
He will be getting SS and the kids will also won't they? When I worked at Cracker Barrel and you were full time there was also a life insurance policy provided by the company, but there again that was years ago!
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I imagine the children will be eligible for survivor benefits not SC would not as they were not married. JMOO
 
Article updated:

Timeline: What we know about Austin mom Heidi Broussard and baby Margot Carey
Published: 11:21 AM CST December 20, 2019
Updated: 6:03 PM CST January 28, 2020

[...]

Monday, Jan. 6: KVUE obtains unsealed affidavit that reveals Fieramusca was in Austin on the same day Broussard and Margot Carey went missing. The affidavit said the investigation also revealed that Fieramusca conducted suspicious internet searches in December, including searching for "reasons for Amber Alert" and "bodies found in Austin, Texas."

Thursday, Jan. 9: ABC's Good Morning America airs an exclusive interview with Shane Carey for the first time since police found her body. Shane Carey told GMA that he wants to look Magen Fieramusca straight in the eyes and ask her why.

Tuesday, Jan. 28: A grand jury indicts Fieramusca on a charge of capital murder by terror threat in connection with the death of Broussard. She is also indicted on a charge of kidnapping in connection with the alleged abduction of baby Margot.
 
CrimeDawg123 said:
D.A. #D1DC209000007 MNI # 7971270 TRN: DPS: 09990022 Court 460th
The State of Texas v. MAGEN FIERAMUSCA

INDICTMENT
CAPITAL MURDER BY TERROR THREAT/OTHER FELONY - PC
19.03(a)(2) - FX

Bond $

------------------------------------------------------------------------------------------------------------
In The 450TH Judicial District Court of Travis County, Texas
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:


THE GRAND JURY, for the County of Travis, State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the JANUARY Term, 2020, of the 450TH Judicial District Court for said County, upon its oath presents in and to said Court at said term, that MAGEN FIERAMUSCA, on or about the 12th day of December, 2019, and before the presentment of this Indictment, in the County of Travis, and State of Texas, did then and there intentionally cause the death of HEIDI BROUSSARD, an individual, by asphyxiating HEIDI BROUSSARD by ligature strangulation, and by asphyxiating HEIDI BROUSSARD with a leash, and by asphyxiating HEIDI BROUSSARD with her hands, and by asphyxiating HEIDI BROUSSARD in a manner unknown to the Grand Jury, 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 of HEIDI BROUSSARD and M. CAREY against the peace and dignity of the State,



------------------------------------
Foreperson of the Grand Jury

Filed on
1/28/2020 10:38 AM
Travis County District Clerk
Velva L. Price
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Momof4RN said:
We need a lawyer here please. @gitana1 can u help? Example of when u have seen this charge domestically?
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IANAL but I think it is worded capital murder by terror threat/other felony - 'other felony' ie kidnapping being key not terror threat - to capture the wording of the statute she is charged under, which is penal code 19.03(a)(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);

» Texas Penal Code 19.03 – Capital MurderLawServer

This is because the wording in the main body of the indictment doesn't mention terror threat, except in the heading.
 
PommyMommy said:
Article updated:

Timeline: What we know about Austin mom Heidi Broussard and baby Margot Carey
Published: 11:21 AM CST December 20, 2019
Updated: 6:03 PM CST January 28, 2020

[...]

Monday, Jan. 6: KVUE obtains unsealed affidavit that reveals Fieramusca was in Austin on the same day Broussard and Margot Carey went missing. The affidavit said the investigation also revealed that Fieramusca conducted suspicious internet searches in December, including searching for "reasons for Amber Alert" and "bodies found in Austin, Texas."

Thursday, Jan. 9: ABC's Good Morning America airs an exclusive interview with Shane Carey for the first time since police found her body. Shane Carey told GMA that he wants to look Magen Fieramusca straight in the eyes and ask her why.

Tuesday, Jan. 28: A grand jury indicts Fieramusca on a charge of capital murder by terror threat in connection with the death of Broussard. She is also indicted on a charge of kidnapping in connection with the alleged abduction of baby Margot.
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Finally!! It's been a GOOD day! KK sentenced and now MF indicted. Thanks for the good news :)
 
JAN 28, 2020
'I’m mad and I’m hurt and I’m sad' | Heidi Broussard’s mother responds to murder indictment
[...]

“It’s the most horrible thing that I ever could’ve imagined happening to my daughter,” Tammy said. “Heidi was a good person, you know, I mean, I’m not just saying that because she was my daughter. I know a lot of good people and their children but Heidi was a really good person. She would not do anything ... to hurt somebody.”

Tammy Broussard said she never trusted Fieramusca as one of Heidi’s close friends, often warning Heidi not to hang around her.

“There’s no relief for this,” Tammy Broussard said. “I’m mad, that’s all I can say is I’m mad as hell. And I keep asking God, 'Please help me.'”

[...]

“I want to be in the courtroom whenever anything comes down because she’s going to see my face and I’m going to bring a picture of Heidi, and I want to show it to her,” Tammy Broussard said. “I got two pictures and I want to show it to her, I want her to see, face to face, what she did.”

[...]
 
PommyMommy said:
JAN 28, 2020
'I’m mad and I’m hurt and I’m sad' | Heidi Broussard’s mother responds to murder indictment
[...]

“It’s the most horrible thing that I ever could’ve imagined happening to my daughter,” Tammy said. “Heidi was a good person, you know, I mean, I’m not just saying that because she was my daughter. I know a lot of good people and their children but Heidi was a really good person. She would not do anything ... to hurt somebody.”

Tammy Broussard said she never trusted Fieramusca as one of Heidi’s close friends, often warning Heidi not to hang around her.

“There’s no relief for this,” Tammy Broussard said. “I’m mad, that’s all I can say is I’m mad as hell. And I keep asking God, 'Please help me.'”

[...]

“I want to be in the courtroom whenever anything comes down because she’s going to see my face and I’m going to bring a picture of Heidi, and I want to show it to her,” Tammy Broussard said. “I got two pictures and I want to show it to her, I want her to see, face to face, what she did.”

[...]
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from your link, BBM: so sad.......

Tammy Broussard said she never trusted Fieramusca as one of Heidi’s close friends, often warning Heidi not to hang around her.
 
Warwick7 said:
I saw that. It said she did "use and threatened to use deadly force against" the baby.

I wish someone would put this in layman's terms....
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I am just guessing that ,maybe, that is how she got Heidi to comply. Maybe she put a knife to the baby's throat, and told Heidi to do something, like climb in the trunk, or whatever she ordered her to do?
 
Tortoise said:
IANAL but I think it is worded capital murder by terror threat/other felony - 'other felony' ie kidnapping being key not terror threat - to capture the wording of the statute she is charged under, which is penal code 19.03(a)(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);

» Texas Penal Code 19.03 – Capital MurderLawServer

This is because the wording in the main body of the indictment doesn't mention terror threat, except in the heading.
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It could also be both kidnapping and terrorization if MF terrorized HB. It doesn't mean domestic terrorism necessarily.
 
distracted said:
It could also be both kidnapping and terrorization if MF terrorized HB. It doesn't mean domestic terrorism necessarily.
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Terrorism, domestic and Intl. have very specific definitions. I have not seen it employed in regular murder cases in recent years. Texas has specific uses for it though which are not the same as either Intl. or Dom terrorism.
 
lindaromas said:
He will be getting SS and the kids will also won't they? When I worked at Cracker Barrel and you were full time there was also a life insurance policy provided by the company, but there again that was years ago!
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He will. Sadly, we can look in any newspaper and find obituaries for hundreds of deaths each day, many leaving behind more than two kids.
 
katydid23 said:
I am just guessing that ,maybe, that is how she got Heidi to comply. Maybe she put a knife to the baby's throat, and told Heidi to do something, like climb in the trunk, or whatever she ordered her to do?
Click to expand...
That makes a helluva lotta sense.
I'm very curious about her demeanor throughout her alleged torturing and assassination of her friend.
I will never receive an answer to that though.
All I can do is wonder forever.
It's a difficult case for me.
I dislike her intensely and it can colour my judgement.
 
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