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

[WingsOverTX]

So according to the timeline, KA receives a text message from CS at the same time that MW unlocks the door to her apartment upon returning from outing with CS, and the text says that his cell phone had died and he couldn't call her but he had gone to deliver some flowers to a friend of theirs. Meanwhile, KA is parked outside of MW's apartment and CS just dropped her off and so KA most likely knows that CS is lying and saw his motorcycle drive off or heard it.

Yes. And the 8:43 text is actually sent closer to 8:48 when he was caught on video riding by the car dealership.

 

[SMK777]

So according to the timeline, KA receives a text message from CS at the same time that MW unlocks the door to her apartment upon returning from outing with CS, and the text says that his cell phone had died and he couldn't call her but he had gone to deliver some flowers to a friend of theirs. Meanwhile, KA is parked outside of MW's apartment and CS just dropped her off and so KA most likely knows that CS is lying and saw his motorcycle drive off or heard it.

And then knocks on the door where Moriah is staying.

 

[Sundog]

So according to the timeline, KA receives a text message from CS at the same time that MW unlocks the door to her apartment upon returning from outing with CS, and the text says that his cell phone had died and he couldn't call her but he had gone to deliver some flowers to a friend of theirs. Meanwhile, KA is parked outside of MW's apartment and CS just dropped her off and so KA most likely knows that CS is lying and saw his motorcycle drive off or heard it.

Or another scenario from the one I posted above.

KA receives the lying text message from CS about his whereabouts at 8:36 p.m., but KA knows it is a lie because she knows CS and MW have been together all evening, and she thinks they are still together at this point in MW's apartment. At 8:37 p.m. or close to that time, she decides to get out of her Jeep and go to the apartment and confront them.

 

[Sundog]

Yes. And the 8:43 text is actually sent closer to 8:48 when he was caught on video riding by the car dealership.

I assume this is the "what's for dinner" text message.

 

[darkstar105]

I wonder also, even though the Jeep was sold to a CarMax and they did a detailed cleaning. I wonder if there’s any chance there is evidence still left in KA’s jeep. Like gunshot residue on the steering wheel? I may not know what I’m talking about. How long does residue last? And how easily is it cleaned?

It's Texas. Find a vehicle *without* gunshot residue.

 

[Bridger]

KA receives the lying text message from CS about his whereabouts at 8:36 p.m., but KA knows it is a lie because she knows CS and MW have been together all evening, and she thinks they are still together at this point in MW's apartment. At 8:37 p.m. or close to that time, she decides to get out of her Jeep and go to the apartment and confront them.

Does she think he teleported himself to Mo’s house? Clearly his vehicle was not outside Mo’s house when Kaitlin entered. Seems pretty clear Kaitlin knew Mo was alone.

 

[Seattle1]

dbm

 

[Gypsy Road]

And then knocks on the door where Moriah is staying.

I toss this around in my head often - did she knock on the door and push her way in and shoot Moriah immediately, or did Moriah just let her in willingly. I know it makes no difference, but I can’t help but think of the fear Moriah had and if she crawled to the bathroom or did KA shoot her in there. I’m hoping KA left a finger print inside the apartment, DNA and hair. I think about Moriah’s friend too - who had to find her friend like that. She’ll be traumatized by that forever. I’m well up there in age now that I never answer my own door without looking at my camera first. Part of it is because I live in a downtown somewhat busy and diverse area - homes, businesses, restaurants, train tracks (which homeless seem to congregate, but also - you just never know who or what could be on the other side of that door. Ring doorbells people. Cameras. Be safe.

 

[Sundog]

I toss this around in my head often - did she knock on the door and push her way in and shoot Moriah immediately, or did Moriah just let her in willingly. I know it makes no difference, but I can’t help but think of the fear Moriah had and if she crawled to the bathroom or did KA shoot her in there. I’m hoping KA left a finger print inside the apartment, DNA and hair. I think about Moriah’s friend too - who had to find her friend like that. She’ll be traumatized by that forever. I’m well up there in age now that I never answer my own door without looking at my camera first. Part of it is because I live in a downtown somewhat busy and diverse area - homes, businesses, restaurants, train tracks (which homeless seem to congregate, but also - you just never know who or what could be on the other side of that door. Ring doorbells people. Cameras. Be safe.

Fingerprints would be ideal. Presumably, KA's DNA and hair could be transferred from CS to MW during the motorcycle rides.

 

[Gypsy Road]

Fingerprints would be ideal. Presumably, KA's DNA and hair could be transferred from CS to MW during the motorcycle rides.

Very true. They’d been swimming, but obviously probably had a dry set of clothes that could have contained her dna and hair on them.

 

[di anna]

The question is, does the door lock several minutes after it is entered by itself or must it be locked manually after entrance. If it does not lock then someone easily could push it open and enter without the person inside being aware. I opt for this option. I think she was caught unawares in a unfamiliar place.

 

[RaechelK]

If KA barged into the apartment without invitation or permission, then I think it is considered burglary, which would give the DA grounds for filing capital charges if so desired.

 

[Gypsy Road]

If KA barged into the apartment without invitation or permission, then I think it is considered burglary, which would give the DA grounds for filing capital charges if so desired.

Yes! My thoughts exactly.

 

[Mariposa]

Is it possible for her defense attorney — who is considered a “hitter” and one of the best in the country — to tell the jury that CS is the murderer, regardless of the fact that the prosecution, the Austin police, and the US Marshals don’t view him as such. Serious question.

This article talks about the general “alternative perpetrator” defense in TX. Basically sounds like the bottom line is a defendant using that defense has to proffer some evidence in court pointing to an alternative perpetrator. Can’t just throw it out there without backing it up.

Can You “Point the Finger” At Someone Else In A Criminal Trial? - Keith B. French Law, PLLC

Television courtroom dramas often portray cases where the defendant tries to “point the finger” at someone else whom they believe was the “real” criminal.

www.keithfrenchlaw.com

 

[darkstar105]

I’m just trying to wrap my head around how KA was able to go back home to CS and by all accounts not betray what she had just done.

Same here! Also I'm the one who said earlier...how has she not called him while she was on the lam saying something to the effect of..."What did she have that I didn't" etc. "I stood by you and this is how you didn't love me" etc.

 

[Sundog]

Is Crime of Passion a Legal Defense?

Crime of passion refers to the act of killing someone as a result of a sudden rush of passion or impulse. It does not stand as a legal defense in Texas.

www.thetexastrialattorney.com

Interesting article on "sudden passion" defense under Texas law. It wouldn't result in an acquittal, of course, but could result in a lessening of charge, as has been discussed here already, but this article by a Texas criminal defense lawyer on this Texas law is helpful in understanding the implications and eligibility for such a defense.

Edited to add: Looks like the defendant's attorney is only allowed to introduce the "sudden passion defense" during the punishment phase of a trial, once the defendant is found guilty of the murder. If the passion defense is successful, the charge is reduced and the maximum sentence for a sudden passion case is 20 years.

 

[Seattle1]

The question is, does the door lock several minutes after it is entered by itself or must it be locked manually after entrance. If it does not lock then someone easily could push it open and enter without the person inside being aware. I opt for this option. I think she was caught unawares in a unfamiliar place.

^^bbm

Host reports she received notification that MW unlocked the door at 8:36 PM using a special key code previously programmed for her.

Host further reported when she arrived home, she saw MW's travel bike bag at the bottom of the stairs, partially blocking the carport.

She went inside her residence approximately 2 minutes before calling 911, and observed the front door to the residence was unlocked. She does not say how she noticed it was unlocked.

(I have a similar locking system and I have it set for a 6-minute delay before auto-lock to allow time enough to unload my car, dog, etc. I can also manually lock the door earlier than the 6-minute auto-lock).

 

[Mariposa]

The next court date in her case is a preliminary hearing on July 20, but Armstrong herself will not be appearing.

Kaitlin Armstrong needs to be closely monitored if released from jail, judge says

If she is released, Armstrong must be fitted with a GPS bracelet before she leaves the Travis County Jail. She must also abide by a curfew between 8 p.m. and 6 a.m., and surrender her passport.

www.fox7austin.com

 

[darkstar105]

See, I'm thinking maybe MW texted CS the code to get in the door of the apartment ... and KA saw it on CS's phone!

 

[darkstar105]

Dear Advertisers: I'm not taking up bike racing. So no need to show me the fancy skintight bicycle outfits. Bunches and bunches of ice cream might tempt me though