GUILTY TX - Haruka Weiser, 18, found murdered, UT-Austin campus, 3 April 2016 *Arrest*

[eileenhawkeye]

Well I guess we need to define 'Murder' and 'Capital Murder' charges in Texas. Because Texas makes it very clear and woe to those proven guilty of either.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm

Capital murder means capital punishment, right? Since Meechael was underage, he's not eligible.

It says that a person commits murder if:

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;

So stabbing or beating someone over and over...even if he just intended to hurt really bad...would still be murder.

 

[eileenhawkeye]

In Texas, it's a felony if you steal item(s) worth over $1500. I think the cost of the iPhone 6, the MacBook, the bag, the Doc Martens (I think I read he took her shoes too?) would put it over the threshold.

 

[Starry Night]

Statute says:
"Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault.....

 

[eileenhawkeye]

Statute says:
"Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault.....

He's underage, he can't be charged or convicted of capital murder.

 

[oceanblueeyes]

This describes 1st and 2nd degree murder in TX, which is different than some other states:
http://statelaws.findlaw.com/texas-law/texas-first-degree-murder-laws.html
http://statelaws.findlaw.com/texas-law/texas-second-degree-murder-laws.html

Thank you so much for the information Si.

Imo, I still believe the motive for lying in wait was to sexually assault Haruka. Tragically we have been down this same road many times here at WS with other victims who met the same fate. When a young woman was forcibly taken by a stranger into a remote area away from where she was taken and later found murdered, I cant remember one case at the moment where the motive wasn't of a sexual nature. I am not convinced robbery was the sole motive in taking Haruka's possessions from the crime scene. He may have taken them so he could destroy them later on and not leave them at the crime scene to be discovered.

I didn't even know what K2 was until I read it here but even when he was back living with his grandmother she felt he was either going to be killed or he would kill someone else. That is a chilling thing for a grandmother to think about their grandson. If he was doing K2 then I wonder where he got the money for it? The person who said they knew him suspected he was doing K2 so she must have never seen him actually doing it herself and just assumed because of his strange demeanor. Personally, his anti-social behavior around others makes me wonder if he was just a plain old evil sociopath.

I also believe the weapon he used was a very sharp knife. I have seen other prosecutors in other murder cases prove premeditation was formed by the multiple stab wounds/ multiple gunshots or even multiple blows by a bludgeoning weapon, etc. If he viscously stabbed her over and over again and possibly cutting her throat shows he most definitely meant for her to die. Each repetitive actions shows malice and aforethought imo. I think the possibility of lying in wait will also be a factor the DA uses. Of course they can charge him with armed robbery and that makes it a capital case too according to the link you provided. Thanks again. But I think this will be just like many other cases we have seen and the first felony he committed was forcibly abducting her.... then came the rape and maybe even repeated rapes before he murdered her.

Since the police have said that they expect further charges to be filed , I believe they are waiting for the rape kit to come back which usually takes at least 8 weeks. They wouldn't have to wait to charge him with armed robbery.

Also the police said they found his DNA at the crime scene and they said that Haruka had been assaulted but are keeping how she was murdered close to the vest for now.

 

[jjenny]

He's underage, he can't be charged or convicted of capital murder.

That's just not true at all. Minors as young as 13 have been charged with capital murder.

 

[Starry Night]

He's underage, he can't be charged or convicted of capital murder.

Yes Eileen-
http://www.npr.org/documents/2005/mar/scotus_juvenile.pdf

 

[Steleheart]

I'm talking about prior to that event where he is in a secluded area of the campus (it helps using Google Earth) where he was in the loading area by the bridge. It's not entirely clear from the affidavit, but it sounds like he had tried to get into the van 20 minutes prior and when he was there he was just loitering until she came out. The van attempt may have been seen by him as an incidental target of opportunity, but I think he was there (prepared with his bandana on to attack a person) waiting for someone to go through there and I think he was specifically waiting for her knowing she'd go down into the creek.

I absolutely believe that his actions show he targeted her - may have seen her before. She always took the same route. He knew how much time he had IMO.

 

[jjenny]

Yes Eileen-
http://www.npr.org/documents/2005/mar/scotus_juvenile.pdf

He can be charged. What he isn't eligible for is the death penalty.

 

[jjenny]

In Texas, it's a felony if you steal item(s) worth over $1500. I think the cost of the iPhone 6, the MacBook, the bag, the Doc Martens (I think I read he took her shoes too?) would put it over the threshold.

This wouldn't be theft, it would be robbery.

 

[oceanblueeyes]

Capital murder means capital punishment, right? Since Meechael was underage, he's not eligible.

It says that a person commits murder if:



So stabbing or beating someone over and over...even if he just intended to hurt really bad...would still be murder.

No capital punishment doesn't mean its a death penalty case.

He can be tried for capital murder. Even those much younger have been.

According to this he can be given death because he is 17 but if not, he will fall into the category in first sentence of this article.

Under the present Texas' statue, those 14, 15 and 16 years old who have their cases transferred to adult court for capital murder can only receive a sentence of life in prison with the possibility of parole after 40 years. Those who are 17 years-old and convicted of capital murder are considered adults and tried in the adult system. Those 17-years old and older fall under the punishments available for all other capital murders--the death penalty or life without parole.

http://www.yourhoustonnews.com/east...cle_ce6e2851-2b33-5e08-af49-8fc29cdf4df0.html

 

[eileenhawkeye]

In the documents, it says that he was seen carrying a shiny object. LE won't release what the COD was. Do you guys think they know what the object was but are keeping it vague so they can keep the COD secret?

 

[oceanblueeyes]

This wouldn't be theft, it would be robbery.

If he had a weapon it would be worse than that. It would be armed robbery.

 

[Starry Night]

Basically, in Texas, if during the commission of a crime a victim of said crime is killed, the death is considered a felonious offense deserving the death penalty.

 

[Starry Night]

In the documents, it says that he was seen carrying a shiny object. LE won't release what the COD was. Do you guys think they know what the object was but are keeping it vague so they can keep the COD secret?

No. It doesn't and shouldn't work that way. We are at the 'hard facts' stage. No room for error.

 

[oceanblueeyes]

In the documents, it says that he was seen carrying a shiny object. LE won't release what the COD was. Do you guys think they know what the object was but are keeping it vague so they can keep the COD secret?

I am sure the ME knows what weapon was used to murder her and the police know too but I agree they are keeping that a secret so not to divulge her COD.

 

[Starry Night]

Sounds to me as if they are not sure what the COD is or else they would have released something?

 

[SpanishInquisition]

I really don't think the defense could get a manslaughter charge. It doesn't matter whether the theft was a misdemanor or a felony. Haruka's death was described as unimaginable brutality. I've seen rumors about the COD and if they are correct, this was not a fight between two people. People are convicted every day in this country of plain 1st degree murder, not just felony murder. What if he hadn't stolen anything from Haruka and just raped and killed her? Would we still be talking about whether or not he should be charged with manslaughter, felony murder, or 1st degree?

Both robbery and aggravated sexual assault qualify for Felony M1, which is why I said I thought it was merely theoretical to argue but that it probably wouldn't fly as a workable defense that he committed some other lesser crime that doesn't qualify for Felony M1. It does matter what the underlying crime is, which the level of brutality doesn't prove premeditation, so that would be why you'd look to the underlying crime to get to M1.

 

[Starry Night]

Very touching article about Haruka:

“She was remarkably humble… I met her first two years ago as a junior in high school and saw her dance before I ever talked to her,” Charles Anderson, head of the UT dance department said.

http://kxan.com/2016/04/08/dance-professor-shares-memories-of-brilliant-haruka-weiser/

 

[SpanishInquisition]

He's underage, he can't be charged or convicted of capital murder.

'Capital Murder' is just what Texas calls 1st Degree Murder while they call 2nd Degree Murder just 'Murder.' You can be found guilty of 'capital murder' but get a life sentence for your penalty.