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

Status
Not open for further replies.

Sundog

Well-Known Member
Joined
May 29, 2019
Messages
3,723
Reaction score
26,294
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

Well-Known Member
Joined
Jan 10, 2009
Messages
6,575
Reaction score
6,760
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:
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

Well-Known Member
Joined
Aug 28, 2018
Messages
828
Reaction score
7,111
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:
And what about illegally using another's passport?
 

JerseyWasHome2

Well-Known Member
Joined
Aug 28, 2018
Messages
828
Reaction score
7,111
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

Well-Known Member
Joined
May 29, 2019
Messages
3,723
Reaction score
26,294
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

Member
Joined
Sep 23, 2021
Messages
5
Reaction score
29

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

Well-Known Member
Joined
May 29, 2019
Messages
3,723
Reaction score
26,294
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

Well-Known Member
Joined
Jun 18, 2015
Messages
64
Reaction score
414
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.”

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

Sundog

Well-Known Member
Joined
May 29, 2019
Messages
3,723
Reaction score
26,294
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

Well-Known Member
Joined
May 29, 2019
Messages
3,723
Reaction score
26,294
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
 
Last edited:

SMK777

Well-Known Member
Joined
Jul 9, 2020
Messages
2,978
Reaction score
22,601
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.”

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

Well-Known Member
Joined
Jul 9, 2020
Messages
2,978
Reaction score
22,601
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.


 

Sundog

Well-Known Member
Joined
May 29, 2019
Messages
3,723
Reaction score
26,294
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.



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

Well-Known Member
Joined
Jun 23, 2012
Messages
2,871
Reaction score
21,794
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
 
Last edited:

Bridger

Well-Known Member
Joined
Dec 3, 2017
Messages
236
Reaction score
2,980
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

Verified Outdoor Recreation Specialist
Joined
Jun 9, 2013
Messages
7,854
Reaction score
31,797

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.

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

Well-Known Member
Joined
Jul 9, 2020
Messages
2,978
Reaction score
22,601
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.
 
Status
Not open for further replies.
Top