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

Status
Not open for further replies.

Seattle1

#LiveLikeLizzy
Joined
Feb 25, 2013
Messages
28,601
Reaction score
312,549

Art. 17.15. RULES FOR SETTING AMOUNT OF BAIL.

(a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules:

1. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with.

2. The power to require bail is not to be used to make bail an instrument of oppression.

3. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense:

(A) is an offense involving violence as defined by Article 17.03; or
(B) involves violence directed against a peace officer.

4. The ability to make bail shall be considered, and proof may be taken on this point.

5. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered.

6. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail.

7. The citizenship status of the defendant shall be considered.
(a-1) Notwithstanding any other law, the duties imposed by Subsection (a)(6) with respect to obtaining and considering information through the public safety report system do not apply until April 1, 2022. This subsection expires June 1, 2022.

(c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.

Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.
 

SteveP

Well-Known Member
Joined
Jun 23, 2012
Messages
2,845
Reaction score
21,340
According to this Texas firm (bbm):

In Texas, every court has a bond schedule that guides the judges on bail, depending on the type of crime. However, the judges and magistrates are free to adjust the amount, depending on the case. The common factors that the court uses to determine the bail amount are:

  • The severity of the case
  • Whether the defendant was out on bail during the arrest
  • Whether the defendant may be a risk to society
  • Whether the defendant has prior criminal convictions
  • Whether the defendant is on probation due to another crime conviction
  • Whether the defendant is considered a flight risk
If any defendant is ever considered a flight risk, I would think it has to be one who has already flown, and who is facing a charge of Unlawful Flight to Avoid Prosecution. Set that bond as high as possible, because given half a chance, she will take flight again. JMO
 
Last edited:

jash

Well-Known Member
Joined
Nov 9, 2011
Messages
2,711
Reaction score
14,410
Careful what you wish for KA! She was asking about cheaper transportation, and boom! Free one-way trip back to Texas.

A witness who watched Kaitlin Marie Armstrong's arrest at a hostel on June 29 told Inside Edition that Armstrong, 34, left behind a passport with her [sister's] name on it.
...
"She was just asking about how to get around cheaper and then the police came," [ZP] told the outlet.


 

SMK777

Well-Known Member
Joined
Jul 9, 2020
Messages
2,964
Reaction score
22,446
If anyone is ever considered a flight risk, I would think it has to be someone who has already flown, and who is facing a charge of Unlawful Flight to Avoid Prosecution. Set that bond as high as possible, because given half a chance, she will take flight again. JMO
Of course.

And it really riled me that:

1. they asked her to “turn in her passport” when she’s proven she’ll use another’s fraudulently.
2. They offered GPS tracking, allowing her to be out from 8 am - 8 pm when suspects are known to disable these and flee.
 

pseudo_hum

Well-Known Member
Joined
Nov 30, 2012
Messages
278
Reaction score
3,101
Glad to see this.

Driving and hiding in someone else's apartment in the same vicinity to avoid prosecution is one thing,

Committing passport fraud and having a complete plan to depart the US and live with false identification, and altering your appearance is multiple levels higher in the "flight" part of the infraction.

It's like the old mobsters leaving NYC and trying to burn or mutilate their fingertips to avoid connection with murders.

IMHO, she deserves no bond or if necessary, a very high bond. I also think she is a flight risk and possibly a suicide ( or faked suicide) risk. And, she should be absolutely banned from any contact with the person whose identity she tried to assume by the passport and plastic surgery.
IMO, Very True; her future looks very bleak. What does she have to lose?
 

SMK777

Well-Known Member
Joined
Jul 9, 2020
Messages
2,964
Reaction score
22,446
Driving and hiding in someone else's apartment in the same vicinity to avoid prosecution is one thing,

Committing passport fraud and having a complete plan to depart the US and live with false identification, and altering your appearance is multiple levels higher in the "flight" part of the infraction.
BBM EXACTLY!
 

acehard

Well-Known Member
Joined
Jan 23, 2021
Messages
164
Reaction score
1,018
"Her bond was set at $3.5 million, and if she makes bail, she would also be subject to GPS monitoring and an 8 p.m. curfew, court records show."


I don't think she paid it
 

SMK777

Well-Known Member
Joined
Jul 9, 2020
Messages
2,964
Reaction score
22,446
"Her bond was set at $3.5 million, and if she makes bail, she would also be subject to GPS monitoring and an 8 p.m. curfew, court records show."


I don't think she paid it
I believe she’d have to be arraigned in Austin and enter a plea, then pay it. Anyone know?

In any case, they are requesting to increase it, I wonder to what amount?
 

SteveP

Well-Known Member
Joined
Jun 23, 2012
Messages
2,845
Reaction score
21,340
"Her bond was set at $3.5 million, and if she makes bail, she would also be subject to GPS monitoring and an 8 p.m. curfew, court records show."


I don't think she paid it
As far as we know, she hasn't paid it...yet, but is certainly conceivable that she will be able to, if it stays at the currently set amount.
 

RickshawFan

Verified Outdoor Recreation Specialist
Joined
Jun 9, 2013
Messages
7,841
Reaction score
31,647
RSBBM

$350,000

Bond is $3.5 million.
But would a bailbonds company have to finance that for her? She's a huge flight risk. She could take off and leave the bond company holding the bag. Who'd want to do that?
So, this might be more problematic than a matter of meeting a 10% sum.
 

Mrspratcher

Verified Attorney
Joined
Aug 21, 2018
Messages
503
Reaction score
6,604

WingsOverTX

Well-Known Member
Joined
Mar 19, 2022
Messages
1,113
Reaction score
11,206
But would a bailbonds company have to finance that for her? She's a huge flight risk. She could take off and leave the bond company holding the bag. Who'd want to do that?
So, this might be more problematic than a matter of meeting a 10% sum.
I just listed it. I'm not defending it.

IMO bond should be revoked.

I guess getting a bail bond company to help would depend on the collateral offered.

I can't download an update on the case on my Android. It is a public database.


Screenshot_20220705-144816_(1).png
 

ElGato

Well-Known Member
Joined
Jun 9, 2022
Messages
135
Reaction score
1,268
Maybe people who knew she had been to Costa Rica before and figured she might be there?
Possibly former clients of hers in Austin with whom KA mentoned having been to Costa Rica to study/teach yoga?
I think anyone who searched the flights that left Newark airport that day could figure out which one she'd likely take. Most flights go to US destinations, only a few to European hubs, etc.

JMO
 

ElGato

Well-Known Member
Joined
Jun 9, 2022
Messages
135
Reaction score
1,268
I wonder why they couldn’t revoke bond? Texas would appear to be a tough-on-crime state.
Once she appears in court and pleads not guilty, in the eyes of the law ie the legal statutes that judges follow, she is innocent until a guilty verdict comes down.

ETA, this doesn't mean the judge won't deny bond, but if she does get bond, IMO this will be why.

JMO
 
Status
Not open for further replies.
Top