GUILTY TX - Samuel Olson, 5, found deceased, Houston, 27 May 2021 *ARRESTS* #3

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Ann-Tx said:
I just did a Harris County Sherriff's Office Jail - Houston, TX inmate search.

BR is not booked into jail yet.

Source: https://www.harriscountyso.org/jailinfo/
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I'm glad he's being charged. I'm glad we can talk about him now. Anyone have a good idea of what kind of jail term he potentially faces based on the current charges?
 
Ann-Tx said:
On the 6 p.m. CDT KTRK (ABC) - Houston, TX -- TV news, the reporter stated that BR's attorney indicated that BR would turn himself in if charged. It has not happened and his whereabouts are unknown at this time per the news reporter.

But .. . just because it is stated on the news (about BR whereabouts unknown) does not mean it is true!

Theresa Balboa's roommate charged in 5-year-old Houston boy's death

KTRK (ABC) - Houston, TX -- Tuesday, June 22, 2021 5:18PM
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Does this make him a fugitive of the law,and if so is his lawyer going to keep representing him?
 
cvaldez1975 said:
i would depend on a lot of things, his criminal history, pre sentence probation report, whether he testifies against TB....
Click to expand...

Right, of course. And tampering is often a get-your-foot-into-the-door charge while they figure out how deep it goes, so there may be more.

But as to the specific charge, it appears to be Texas 37.09, which is a 3 Felony unless it's about a human corpse, which makes it a 2 Felony.

I guess I'm just trying to figure out how the odds are stacked against BR at this point, and how much pressure might be on him to cooperate.
 
BBM
Ann-Tx said:
From: KTRK (ABC) - Houston, TX -- Tuesday, June 22, 2021 5:18 PM CDT
I watched the 6 p.m. CDT News on TV. A reporter indicated that BR was suppose to turn himself in if charged. It has not happened yet and his whereabouts are unknown at this time.

But .. . we all know one can not believe everything reported on the news. In this case, regarding " BR whereabouts are unknown at this time."

The 6 p.m. news update regarding the Olson case has not been updated on KTRK (ABC)'s site yet.


Theresa Balboa's roommate charged in 5-year-old Houston boy's death
Click to expand...
Quoted from your link:
BBM
"In light of the charge, Eyewitness News reached out to Rivera's attorney, who said no one would be discussing the case with anyone. The attorney also didn't indicate whether Rivera would be turning himself in."
 
No additional charges for Balboa... yet...

Rivera

Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
6/24/2021 09:00 AM 180 Assigned Court
Preliminary Assigned Court Appearance

Data Not Entered To Be Set
6/23/2021 01:00 PM PCD Motions Docket
Probable Cause Hearing
Data Unavailable To Be Set


Next/Last Setting Date 6/24/2021

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
Wednesday, June 23rd:
*Probable Cause Hearing (@ 1pm CT) - TX - Samuel Olson (5, would have been 6 on 5/29/21) (it was reported that he was taken by an unknown male from a southwest Houston home in the 8800 block of McAvoy Dr. at about 7:30am on May 27, 2021, but he had been missing for 2 weeks before this, found June 1, 2021 inside a tote bag in a motel in Jasper). – for *Benjamin D. Rivera, 27, has been arrested & charged (6/23/21) with tampering/fabricating evidence in the death of 5-year-old Samuel Olson.
During an interview with Rivera, police say he told them he received a call on May 10 from Balboa saying Samuel was not breathing & telling him to come home. Court documents say the 27-year-old told police he returned to their apartment in the 15600 block of the Gulf Freeway in Webster that day & saw the child unconscious with bruising on his body. He said they placed Samuel's body in the bath tub where he stayed for two days. Rivera told police he went to Walmart on May 13 & bought duct tape & a plastic tote bin that they put the child in & took him to a storage unit where he remained until May 31. Police found the Walmart receipt during a search warrant, according to records. After further investigation, court documents say police found evidence conflicting the timeline Rivera gave them. During a search of his phone, investigators found a text message from Balboa to Rivera on May 5 saying that she needed to speak to him before he came inside the apartment. On May 12, court documents say Balboa sent a text to Rivera saying she was going to move Samuel's body to the bed, after learning from Rivera that the apartment's maintenance would be entering their unit that day. Surveillance video from a storage facility in Webster shows Rivera's truck with the bin Samuel's body was later found in in the back arriving on May 22.
6/23/21 Update: Rivera was booked into the Harris County Jail just before 12:30 a.m. Wednesday. He'll make his first appearance before a judge Wednesday afternoon, 6/23/21. Preliminary hearing on 6/24/21.
*Theresa Raye Balboa (29) arrested & charged (6/2/21) with tampering with evidence (human corpse). Bond $500K.
She was jailed on 6/2/21 & was extradited from Jasper County Jail to Harris County Thursday, 6/3/21.
*Charged (11/29/20) with assault (on family). Bond $5K. Bonded out on 11/30/20. Bond $100K (set on 6/7/21).
Case & court info thru 6/2/21 reference post #585 here:
Found Deceased - TX - Samuel Olson, 5, Houston, 27 May 2021 *ARREST* Thread #2
6/4/21 Update: Balboa wasn't present at the hearing, with the judge citing her holding time in the jail's mental health unit. If she is released, she must wear an ankle monitor & be under house arrest. She also cannot have contact with children. Judge set her bail at $500K. Her public defender assigned to Balboa's case asked for a lower bond at $20K, saying she has strong ties to Houston & has lived at the same address for more than three years. But the judge determined she is a flight risk because she was already on bond for another crime & also allegedly left Houston for Jasper with the child's body. Arraignment hearing on 6/7/21. Also assault case arraignment on 6/7/21.
6/7/21 Update: On Monday, a search warrant was executed for a residence in the 15000 block of Gulf Freeway, where Balboa lives. Along with collecting evidence, a 2012 Dodge Avenger was towed from the location to be searched & analyzed. HPD Assistant Chief of Criminal Investigations Command Heather Morris said that's the vehicle Balboa primarily drove. District attorney is awaiting results of the autopsy; charges could be upgraded in coming days. Bond increased to $600K for Balboa. On Monday, a judge increased her bond to $100K for the assault case. She violated the original bond by 1) contacting DO 2) providing false info when identifying herself to LE at the hotel in Jasper & 3) demonstrating she is a flight risk. Her existing bond for a charge of tampering with evidence, in particular a human corpse, in connection with Samuel's death remains at $500K, bringing her total bond to $600K. State district Judge DaSean Jones reset Balboa’s appearance for a later date. A capital murder investigation is also pending, prosecutors said. Robert R. Scott is Balboa's public defender. Arraignment hearing reset per defense request to 7/29/21 for both cases.
6/7/21: A search warrant served on the storage unit where Samuel s body was stored. 6/8/21: Samuel ID'd. According to the Harris County Institute of Forensic Sciences, the cause of death is homicidal violence with blunt head trauma. Death ruled a homicide. Prosecutors have said they plan to file additional charges against Balboa. Andrea Beall with the Harris County District Attorney’s Office said during a court hearing Monday that a murder investigation is pending.
 
here's the legal definition and possible sentences:

If the offense falls under subsection (a) or (d)(1), then a conviction for Tampering With or Fabricating Physical Evidence is punished as a Felony of the Third Degree,1b with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the offense falls under subsection (a) or (d)(1), and the thing altered or destroyed is a human corpse, then a conviction for Tampering With or Fabricating Physical Evidence is punished as a Felony of the Second Degree,2 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the offense is a subsection (d)(2) violation (failing to report a human corpse), then a conviction is punishable as a Class A misdemeanor,3 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

Tampering With or Fabricating Physical Evidence
 
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