TX - Moriah Wilson, 25, Cyclist Fatally Shot Before Race, Austin, 2022 *arrest* #7

[Seattle1]

This just occurred to me and would love to hear from anyone who has watched or studied trials where convicted defendants have argued Crime of Passion as a mitigating factor at sentencing. Especially cases where the defendant either remains silent during trial after pleading NG to murder or takes the stand to deny the charges, rather than cases where, for eg, defense is pushing for manslaughter not murder or invoking insanity - ie where it is not at issue from the get go that defendant was involved in the death.

I know we haven't seen the guts of KA's defense yet, only opening statement and insinuations/innuendo (possibly re SODDI?) during cross. But if the thrust of her defense ends up being the evidence is faulty, LE got it wrong etc etc,which I think it will be because SODDI (an actual named one) does not appear feasible to me, how exactly does her D argue Crime of Passion at sentencing if she is convicted (which I believe at present she will be)? Would that have to involve KA testifying post conviction at sentencing that yes, I did it but it was Crime of Passion? In other words an admission? Or is it argued on her behalf by the D with KA maintaining her right to remain silent? And if KA herself testifies in trial and denies the allegations, how does Crime of Passion as mitigating factor play out in sentencing hearing? Would she remain silent whilst lawyers argue it or would she testify herself?

By having the sudden passion provision, Texas acknowledges that human emotions can sometimes lead us to act in ways we wouldn’t normally. However, while proving KA guilty of first degree murder is the burden of the prosecution, the sudden passion provision falls on the defense: it's the defense’s responsibility to prove this mitigating factor to the jury.

IMO, with the overwhelming evidence against KA (especially mounds of consciousness of guilt), the defense never went here -- arguing this a crime of passion to seek a lower charge. Instead, KA's defense immediately went on the attack against LE, citing tunnel vision, inexperience, and a shoddy investigation.

For the defense to successfully argue crime of passion provision applicable here, they'd have to request the jury responsible for deciding KA's punishment (versus the judge), and convince the jurors that there was no premeditation. Unlike if KA came home and found CS and MW in their bedroom, and walked over to the closet and grabbed her weapon and fired at KW, I think any defense argument for a lesser charge is weak and will not move the jurors.

IMO, KA would have been better served prioritizing her mental health and jealousy issues over her obsession with her looks and cosmetic needs. She's incredibly shallow. JMO

Crimes of Passion in Texas - Impact on Defense & Cases

What are crimes of passion in Texas? How does this distinction impact criminal defense? Our attorneys provide some insight.

ulg.law

What Is a Crime of Passion?​

To understand the complexities of crimes of passion in Texas, we first need to clarify what constitutes this type of crime. A “crime of passion” refers to a crime committed in the heat of the moment. Often, there is a sudden and intense emotion that provokes a person to act impulsively, without prior intent to cause harm.

This reaction often occurs in response to a provocation that the law recognizes as sufficient to incite a reasonable person to lose self-control. It’s important to remember that while crimes of passion are sometimes associated with acts of violence in intimate relationships, they can occur in a variety of contexts.

Legal Considerations in Texas​

Texas law recognizes and incorporates the concept of “sudden passion” into its penal system. A person who commits an offense under the influence of sudden passion arising from an adequate cause can have their crime reduced from a first-degree felony, such as murder, to a second-degree felony. This distinction can significantly impact the potential penalties an individual might face.

The terms “sudden passion” and “adequate cause” are critical here. Sudden passion is not simply any passionate response, though. It is one that arises spontaneously and impulsively at the time of the crime. “Adequate cause,” on the other hand, is the degree of provocation deemed sufficient to incite a reasonable person to act in such a way.

The Impact on Criminal Cases​

The application of the sudden passion defense can drastically alter the course of a criminal case in Texas. It can influence the degree of the felony charged, potential sentences, and the approach to presenting a defense. Moreover, it places the psychological state of the defendant under intense scrutiny.

By reducing a first-degree to a second-degree felony, it lowers the potential punishment range considerably. For example, a murder conviction in Texas typically carries a sentence of 5 to 99 years in prison, but if the crime is committed under sudden passion, the sentence can range from 2 to 20 years.

But proving sudden passion isn’t straightforward. It’s the defense’s responsibility to prove this mitigating factor to the jury. Building this defense requires a meticulous analysis of the events leading up to the crime, the individuals involved, and the emotional state of the defendant. It’s a complex process that requires experienced legal counsel to effectively navigate.

 

[Seattle1]

Sudden passion in Texas is in the punishment phase only. It's not presented as a mitigating factor in the guilt/innocence phase and the burden of proof is on the defendant to prove the sudden passion. There was a trial in San Antonio, State vs. Francis Hall where she was found guilty of murder and sudden passion was introduced by the defense in the punishment phase. The jury agreed and she was sentenced to 2 years. I haven't found a whole lot of articles on this case but if you scroll down in the link to "Convicted of Murder, Widow Insists......" it reads as if she testified in both the guilt and the punishment phases.

KA testifying in the guilt phase of this trial IMO won't happen but could in the punishment phase.

Francis Hall gets lightest sentence...

Edited to add: I just pulled this trial up as an example of what could be considered as an example of crime of passion. The woman in this example had way more provocation than KA had (if she had any at all other than what she created in her own head).

I saw this case not long ago on Dateline. If I remember correctly, Francis Hall was charged with aggregated assault with deadly weapon and murder following a highway chase when the defendant swiped her husband's motorcycle while chasing the husband's lover who was driving a vehicle owned by Francis and her husband (husband was riding behind his lover).

The jury sentenced Francis to 2 years for each charge, served concurrently when they agreed the husband's death happened during in a jealous rage.

KA is charged with 1st degree murder. I don't think these cases are comparable. JMO

 

[Howl]

The jury sentenced Francis to 2 years for each charge, served concurrently when they agreed the husband's death happened during in a jealous rage.

I recall that the husband's younger lover tormented and taunted Francis with texts and graphic photos of the lover with Francis' husband. I'm sure that influenced the jury.

 

[jepop]

By having the sudden passion provision, Texas acknowledges that human emotions can sometimes lead us to act in ways we wouldn’t normally. However, while proving KA guilty of first degree murder is the burden of the prosecution, the sudden passion provision falls on the defense: it's the defense’s responsibility to prove this mitigating factor to the jury.

IMO, with the overwhelming evidence against KA (especially mounds of consciousness of guilt), the defense never went here -- arguing this a crime of passion to seek a lower charge. Instead, KA's defense immediately went on the attack against LE, citing tunnel vision, inexperience, and a shoddy investigation.

For the defense to successfully argue crime of passion provision applicable here, they'd have to request the jury responsible for deciding KA's punishment (versus the judge), and convince the jurors that there was no premeditation. Unlike if KA came home and found CS and MW in their bedroom, and walked over to the closet and grabbed her weapon and fired at KW, I think any defense argument for a lesser charge is weak and will not move the jurors.

IMO, KA would have been better served prioritizing her mental health and jealousy issues over her obsession with her looks and cosmetic needs. She's incredibly shallow. JMO

Crimes of Passion in Texas - Impact on Defense & Cases

What are crimes of passion in Texas? How does this distinction impact criminal defense? Our attorneys provide some insight.

ulg.law

What Is a Crime of Passion?​

To understand the complexities of crimes of passion in Texas, we first need to clarify what constitutes this type of crime. A “crime of passion” refers to a crime committed in the heat of the moment. Often, there is a sudden and intense emotion that provokes a person to act impulsively, without prior intent to cause harm.

This reaction often occurs in response to a provocation that the law recognizes as sufficient to incite a reasonable person to lose self-control. It’s important to remember that while crimes of passion are sometimes associated with acts of violence in intimate relationships, they can occur in a variety of contexts.

Legal Considerations in Texas​

Texas law recognizes and incorporates the concept of “sudden passion” into its penal system. A person who commits an offense under the influence of sudden passion arising from an adequate cause can have their crime reduced from a first-degree felony, such as murder, to a second-degree felony. This distinction can significantly impact the potential penalties an individual might face.

The terms “sudden passion” and “adequate cause” are critical here. Sudden passion is not simply any passionate response, though. It is one that arises spontaneously and impulsively at the time of the crime. “Adequate cause,” on the other hand, is the degree of provocation deemed sufficient to incite a reasonable person to act in such a way.

The Impact on Criminal Cases​

The application of the sudden passion defense can drastically alter the course of a criminal case in Texas. It can influence the degree of the felony charged, potential sentences, and the approach to presenting a defense. Moreover, it places the psychological state of the defendant under intense scrutiny.

By reducing a first-degree to a second-degree felony, it lowers the potential punishment range considerably. For example, a murder conviction in Texas typically carries a sentence of 5 to 99 years in prison, but if the crime is committed under sudden passion, the sentence can range from 2 to 20 years.

But proving sudden passion isn’t straightforward. It’s the defense’s responsibility to prove this mitigating factor to the jury. Building this defense requires a meticulous analysis of the events leading up to the crime, the individuals involved, and the emotional state of the defendant. It’s a complex process that requires experienced legal counsel to effectively navigate.

Thank you Seattle. I think you've addressed the discordancy I'm seeing and trying to reconcile: That is - even if Crime of passion is totally absent from the defense at trial, this defense may still argue 'sudden passion' as one (of many I assume) mitigating factors at sentencing if KA is found guilty. The last paragraph in your post re what is required for success (analysis of Texan Law) makes me think that the D, whilst they can introduce new argument at sentencing, will have major difficulties if they try to ignore or re-paint somehow the evidence presented at trial. I'm wondering at this point if it really is a given that the D will try to argue it as mitigating at sentencing, in the event that KA is convicted. Jmo.

Having said that, I understand trial is not over yet. Am looking forward to reading on this thread in the coming weeks!

 

[BeachSky]

Thank you.When you say the burden of proof is on the defendant to prove sudden passion in the punishment phase does that means beyond a reasonable doubt? I understood from another poster that sudden passion as a mitigating factor is "subjective to each juror" as opposed to aggravating factors in punishment phase where the P must prove them BARD. I'm confused re the differences here.

Also I wonder if KA testifies re sudden passion in the punishment phase if that would amount to an open admission of guilt (post conviction).

BBM

I vote she will stick with :
It wasn’t me. I did not do it. Im sure I’ll get an appeal (or escape again). Yeah I drove by to see what my b/f was doing cause he was lying to me. I was thinking about leaving him and moving to Costa Rica . So I did.
IDK who killed MW. There’s an uptick in crime in Austin. Maybe someone wanted her 13k bike or to eliminate her from a race.
I love yoga, clean food & braiding my hair.
It wasn’t me.

MOO

 

[jepop]

It is my understanding that it is a "preponderance of the evidence" and that all 12 must agree for it to be so.

I don't think it does constitute an admission of guilt. It wouldn't matter anyway since the jury already found her guilty so she's legally guilty no matter what. She might have to testify if there isn't some vastly compelling evidence to convince these jurors without them hearing from her.

Edited to add: I'm referring to sudden passion only.

RBBM: Yes ditto, I'm only referring to sudden passion as a mitigating factor and from what I'm understanding now re Texan Law, it would seem to me that compelling evidence would certainly be necessary. Personally, if KA is convicted on the basis of the evidence we are currently privy to, I think she would need to convice the jury through testimony when it comes to sudden passion as mitigating for severity of sentence. Moo. Also jmo that she will not openly admit to this murder even if convicted because appeals. Moo

 

[knla]

BBM

I vote she will stick with :
It wasn’t me. I did not do it. Im sure I’ll get an appeal (or escape again). Yeah I drove by to see what my b/f was doing cause he was lying to me. I was thinking about leaving him and moving to Costa Rica . So I did.
IDK who killed MW. There’s an uptick in crime in Austin. Maybe someone wanted her 13k bike or to eliminate her from a race.
I love yoga, clean food & braiding my hair.
It wasn’t me.

MOO

Why would Mo open the door for Caitlin in the first place? Maybe it was somebody else she trusted.

 

[BeachSky]

Why would Mo open the door for Caitlin in the first place? Maybe it was somebody else she trusted.

Do we know if Mo ever locked it behind her.
I know Cash was alerted on her phone that the door was unlocked when Mo came home.
Then when Cash arrived home the door was unlocked.

TX v. Kaitlin Armstrong: Love Triangle Murder Trial

UPDATE: After finding Kaitlin Armstrong guilty of murdering her romantic rival, a jury sentenced her to 90 years in prison.

www.courttv.com

When Cash got home, the door was unlocked, and she saw Mo's feet sticking out from the bathroom

MOO

 

[pseudo_hum]

Why would Mo open the door for Caitlin in the first place? Maybe it was somebody else she trusted.

So, you think KA knocked?

 

[cujenn81]

If so, to me none of that sounds like it contains any reasonable mitigating factors for a reduced sentence owing to sudden passion? It could be different if KA's defense was actually arguing this in court but clearly they are not because, IMO, the evidence for premeditation is too much to overcome.Moo. I keep thinking that the time for her to argue mitigating factors would have been during the plea deal that she rejected? It’s hard for me to understand how sudden passion plays out in sentencing if premeditation is established during trial and defendant is found guilty. Are there sentencing guidelines I'm wondering.

When speaking of mitigating factors, we must also consider aggravating factors. Lying in wait is one such aggravating factor. In some states, lying in wait automatically qualifies the crime as capital murder, but Texas doesn’t appear to be one of those states. It’s almost always considered an aggravating factor, IMO.

KA arrived in the area of Cash’s apartment (and didn’t leave) at least an hour before MW was killed and more than 30 minutes before she arrived home, according to both her Jeep’s GPS data and cameras.

 

[Megnut]

When speaking of mitigating factors, we must also consider aggravating factors. Lying in wait is one such aggravating factor. In some states, lying in wait automatically qualifies the crime as capital murder, but Texas doesn’t appear to be one of those states. It’s almost always considered an aggravating factor, IMO.

KA arrived in the area of Cash’s apartment (and didn’t leave) at least an hour before MW was killed and more than 30 minutes before she arrived home, according to both her Jeep’s GPS data and cameras.

Plenty of time to rethink her rage, take her gun home, put it back in the closet, unfired.

All that time = premeditation and aforethought.

Jmo

 

[Megnut]

So, you think KA knocked?

She may have knocked and Mo thought it was CS or CC...

She may not have realized the door didn't lock automatically.

Her screams are devastating.

JMO

 

[Mert]

I thought I recalled testimony or possibly just information that the door system alerted Cash when Mo arrived/unlocked the door and that the door system did not indicate that it had been relocked. I thought it gave the impression that the door was likely unlocked. * My recollection and opinion only.

 

[CrimeDawg123]

So, you think KA knocked?

KA may have knocked and Mo opened the door knowing it was her. Mo may have thought "OK, b*tch let's sort this once and for all" not realizing KA had a gun and was capable of murder. We'll probably never know.

I find it hard to believe KA just walked in when she had no idea who was in the house. If she knocked and there were other people there, she could have reasonably left at that point. Of course I find it hard to believe all the crazy things she did, so there is that...

 

[BeachSky]

8:36 - code was used to unlock door
8:37 - KA’s jeep stops next to MW’s apt
9:15/9:16 - screams & shots on neighbors audio
Perhaps Mo left the door unlocked because she was going to(or did) bring the bike bag in from the balcony into the apt(Cash suggested that it could get stolen)
There was 38 minutes.
And KA has shown that she can move fast.
Malice aforethought? Many twists, turns, opportunities to change her mind. If only.
On the lock..
I stayed in a B&B that had a code lock.
Old school me left it unlocked most of the time thinking I would somehow lock myself out if I simply went to have coffee on the front balcony. Then not know/remember the code (it’s written down or on my phone locked inside).

Godspeed justice.
MOO

 

[Mert]

Alleged love triangle was behind Texas murder of pro cyclist Moriah Wilson, affidavit reveals

Moriah “Mo” Wilson was in Austin for a race earlier this month when, after meeting up with a former lover for a swim, the 25-year-old was gunned down. U.S. marshals are now hunting for the prime suspect in the case — the man's live-in girlfriend, Kaitlin Armstrong.

www.kiro7.com

It is possible that I have assumed the door was left unlocked, because there is no specific mention of it being locked in this article. It may also be that this was clarified elsewhere, and my recollection of it being left unlocked is accurate. Maybe others will recall if this detail was verified.
The affidavit in this article is not too long and definitely has some good information.

I have a feeling that the mention of Cash leaving a nearby residence to discuss Moriah going out with Colin, was possibly something along the lines of warning or questioning whether he was worth the hassle or being honest with her, maybe even a word of caution about KA and the actions she had already displayed in response to the friendship. Very unfortunate and tragic.

*My opinions.

 

[Megnut]

Alleged love triangle was behind Texas murder of pro cyclist Moriah Wilson, affidavit reveals

Moriah “Mo” Wilson was in Austin for a race earlier this month when, after meeting up with a former lover for a swim, the 25-year-old was gunned down. U.S. marshals are now hunting for the prime suspect in the case — the man's live-in girlfriend, Kaitlin Armstrong.

www.kiro7.com

It is possible that I have assumed the door was left unlocked, because there is no specific mention of it being locked in this article. It may also be that this was clarified elsewhere, and my recollection of it being left unlocked is accurate. Maybe others will recall if this detail was verified.
The affidavit in this article is not too long and definitely has some good information.

I have a feeling that the mention of Cash leaving a nearby residence to discuss Moriah going out with Colin, was possibly something along the lines of warning or questioning whether he was worth the hassle or being honest with her, maybe even a word of caution about KA and the actions she had already displayed in response to the friendship. Very unfortunate and tragic.

*My opinions.

IIRC CC got a notice of the door being unlocked (corresponding to Mo's arrival) but no alert for locked.

JMO

 

[JusCurious]

So, you think KA knocked?

Initially before we learned the timeline at trial (at least that is when I learned shots were fired about 9:13, I assumed KA arrived at Cash's very soon after CS left... and MW probably thought it was CS coming back. I do think we heard that the review of the door lock/opening showed it was never locked after MW arrived back at the apartment and that lines up with the door being unlocked when CC arrived back home. KA wouldn't have known if the door was locked so did she just try the door and it went open? Did she knock? It seems that MW was a very trusting person because CC told her to move her bike bag into the house, and she left the door unlocked

 

[SteveP]

This trial is supposed to go until the 15th…that is this Wednesday. Still more witnesses for the prosecution, and will the defense have any witnesses? Will the prosecution have a rebuttal if they do?

Initially, it was said this trial was expected to take a couple weeks. Wednesday will be the beginning of the third week, less the two days that we didn't have court last week. If that is true, the prosecution should begin winding down soon, though we still have her sister's testimony to look forward to, and she may be on the stand for quite a while. Then I have to believe that the defense will have several witnesses, although KA surely will not be one of them. Or, since she went against her attorney's advice to take a plea deal, would she really be crazy enough to think she can sway a jury by testifying?

 

[Knitty]

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