TX - Moriah Wilson, Cyclist Fatally Shot Before Race, Austin, #4

[SteveP]

What is the source for the graphic & the statement by CS? TIA

It was at the end part of the ABC Nightline report that was linked.

 

[WingsOverTX]

And if she doesn’t?

Aren't the federal charges most likely to be a sentencing enhancement or aggravating factor that could affect her time served on the murder charge, if (WHEN!) convicted?

https://www.lawyers.com/legal-info/criminal/criminal-law-basics/sentence-enhancements-mean-harder-punishments.html

"Criminal sentencing enhancements increase the possible sentence for a crime. Typically, enhancements relate to the defendant’s criminal history or specific details regarding the circumstances of the crime that increase its gravity."

 

[RickshawFan]

And if she doesn’t?

Feds can pursue the case and maybe keep her locked up longer.
If KA gets life, what would be the point of a Fed trial?

 

[SMK777]

Aren't the federal charges most likely to be a sentencing enhancement or aggravating factor that could affect her time served on the murder charge, if (WHEN!) convicted?

https://www.lawyers.com/legal-info/criminal/criminal-law-basics/sentence-enhancements-mean-harder-punishments.html

"Criminal sentencing enhancements increase the possible sentence for a crime. Typically, enhancements relate to the defendant’s criminal history or specific details regarding the circumstances of the crime that increase its gravity."

So why dismiss these charges? Why not keep them? There’s obviously something I’m not getting.

 

[SMK777]

Feds can pursue the case and maybe keep her locked up longer.
If KA gets life, what would be the point of a Fed trial?

Well, there are some who say she could get 8-15-20 years, and be paroled early. So these federal charges, if the time were served consecutively, would make a big difference.

 

[WingsOverTX]

So why dismiss these charges? Why not keep them? There’s obviously something I’m not getting.

They are dismissed without prejudice. I think it is to stop the clock running on prosecution of those charges while the most significant charge, the murder charge, is being litigated.

Without prejudice means the federal charges can be brought again any time. I see them potentially enhancing her murder sentence but IANAL.

moo

 

[SMK777]

They are dismissed without prejudice. I think it is to stop the clock running on prosecution of those charges while the most significant charge, the murder charge, is being litigated.

Without prejudice means the federal charges can be brought again any time. I see them potentially enhancing her murder sentence but IANAL.

moo

Thanks.

 

[WingsOverTX]

Thanks.

The feds & the state don't want to run any risk of her walking (aka running) over procedural mistakes, as happened with the Botox charge not working to hold her, as hoped.

JMO

 

[Seattle1]

Crimes committed by accused felons out on bond fuel bail debate in Travis County

The decision to let people out on bond while awaiting trial is increasingly becoming a community debate in Austin.

www.kvue.com

The 8-minute newslink by KVUE is worth listening to if trying to understand Travis County (Austin) bond decisions after Texas bail reform.

 

[Seattle1]

What is the source for the graphic & the statement by CS? TIA

It looks like Nightline

 

[Sundog]

They are dismissed without prejudice. I think it is to stop the clock running on prosecution of those charges while the most significant charge, the murder charge, is being litigated.

Without prejudice means the federal charges can be brought again any time. I see them potentially enhancing her murder sentence but IANAL.

moo

I don't think they can enhance the murder charges when she has only been charged with these federal crimes and not had her trial and been found guilty of these charges. That would have to happen first before any enhancements of her sentence, if that is possible.

 

[WingsOverTX]

I don't think they can enhance the murder charges when she has only been charged with these federal crimes and not had her trial and been found guilty of these charges. That would have to happen first before any enhancements of her sentence, if that is possible.

I was not implying otherwise but speculating on what is most likely to come. We shall see....

 

[Kemug]

Does anyone else think she looks like Lori Vallow Daybell? (Kaitlin, I mean)

 

[SMK777]

Does anyone else think she looks like Lori Vallow Daybell? (Kaitlin, I mean)

In some pics she does, yes.

 

[RickshawFan]

Does anyone else think she looks like Lori Vallow Daybell? (Kaitlin, I mean)

Good one! My opinion from the get-go is she’s a “chameleon”. This is pathological, per the Behavior Panel, e.g. on Jodi Arias.

My way of stating this would be that she lacks personhood. No individual anchoring based on who she is. I’ll bet more stories come out of the Bali yoga workshop.

It seems KA is alternately wanting to get attention focused on her and to blend into the universe. Very confused and confounding.

 

[SMK777]

I don't think they can enhance the murder charges when she has only been charged with these federal crimes and not had her trial and been found guilty of these charges. That would have to happen first before any enhancements of her sentence, if that is possible.

So why did Fox News and others ( the articles were linked on the prior thread, but can’t remember if there were documents linked) talk about the prosecutions possible intent to upgrade the murder charge? Wouldn’t that be the first thing to do?

Is it possible that these questions about the charges will be answered at the hearing on July 20?

 

[Sundog]

Does anyone else think she looks like Lori Vallow Daybell? (Kaitlin, I mean)

I also think she looks like the photo they published of the mother of the victim.

 

[Sundog]

So why did Fox News and others ( the articles were linked on the prior thread, but can’t remember if there were documents linked) talk about the prosecutions possible intent to upgrade the murder charge? Wouldn’t that be the first thing to do?

Is it possible that these questions about the charges will be answered at the hearing on July 20?

I thought an earlier post was suggesting that somehow the federal charges could impact the state murder charge in such a way as to enhance that sentencing if she is found guilty. Of course that is not possible, and I think I misunderstood the other post.

On the other hand, yes, I agree, that the federal charges are a kind of "insurance" if something goes wrong with the state's case and she is not sentenced for the murder. Once the state case is completely over (except for possible appeals), then I think the federal courts will consider their charges if warranted.

 

[Sundog]

Good one! My opinion from the get-go is she’s a “chameleon”. This is pathological, per the Behavior Panel, e.g. on Jodi Arias.

My way of stating this would be that she lacks personhood. No individual anchoring based on who she is. I’ll bet more stories come out of the Bali yoga workshop.

It seems KA is alternately wanting to get attention focused on her and to blend into the universe. Very confused and confounding.

If it is true that she is a "chameleon," then that is a good skill/quality to have while she is incarcerated. She will need to adapt, now in jail, and in a few years within the prison system.
And then when she is released on parole and re-enters society, after she has paid her debt to society.

 

[SMK777]

On the other hand, yes, I agree, that the federal charges are a kind of "insurance" if something goes wrong with the state's case and she is not sentenced for the murder.

Could that actually happen? Even with a hung jury or mistrial, couldn’t they try her again? Or are you just speaking hypothetically of a very remote possibility?