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

[Wyle_E_Coyote]

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

From the article. ..

In 2005, the death penalty was no longer an option when the U.S. Supreme Court held in Roper v. Simmons that the Eighth and Fourteenth amendments to the U.S. Constitution does not allow for the sentence of death penalty for offenders who were younger than 18 years of age at the time the crime was committed. Furthermore, the U.S. Supreme Court in 2012 issued another ruling in the case of Miller v. Alabama. In Miller, the ruling stating that the Eighth amendment does not allow for life without parole for juvenile homicide offenders.

...

House Bill 4 will bring Texas into compliance to the recent 2012 U.S. Supreme Court ruling in Miller v. Alabama that 17 year-olds cannot be given life without parole because it violates the defendant's Eighth and Fourteenth amendment rights.



17 year olds, whether tried as an adult or not, cannot be sentenced to death nor LWOP.

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[eileenhawkeye]

Apparently, he burned Haruka's backpack before her body was even found. Doesn't look like he was an innocent bystander who happened to come across a unintended backpack to me (I've seen people on other websites argue that).

 

[Starry Night]

From the article. ..

In 2005, the death penalty was no longer an option when the U.S. Supreme Court held in Roper v. Simmons that the Eighth and Fourteenth amendments to the U.S. Constitution does not allow for the sentence of death penalty for offenders who were younger than 18 years of age at the time the crime was committed. Furthermore, the U.S. Supreme Court in 2012 issued another ruling in the case of Miller v. Alabama. In Miller, the ruling stating that the Eighth amendment does not allow for life without parole for juvenile homicide offenders.

...

House Bill 4 will bring Texas into compliance to the recent 2012 U.S. Supreme Court ruling in Miller v. Alabama that 17 year-olds cannot be given life without parole because it violates the defendant's Eighth and Fourteenth amendment rights.



17 year olds, whether tried as an adult or not, cannot be sentenced to death nor LWOP.

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Regarding what you posted and what I bolded-would that be a Texas House Bill 4-and did it pass? If so could you please post the year the Bill was introduced-most of all did it pass? Not trying to be smart with you. Always trying to learn something here at Websleuths.
Thanks,

 

[SpanishInquisition]

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.

That's basically what I think as well. I think he may have been on K2 (and/or other things) at the time - someone else pointed out that in the first video it looked like he was smoking something - and that made him super-aggressive. I see in Texas that the Intoxication Defense can only be used in the penalty phase in Texas, so if he was voluntarily intoxicated that caused him to be aggressive, that wouldn't work as a defense towards guilt in that jurisdiction:
https://roselawtx.wordpress.com/2010/06/11/is-intoxication-a-defense-to-criminal-charges-in-texas/

 

[SpanishInquisition]

Apparently, he burned Haruka's backpack before her body was even found. Doesn't look like he was an innocent bystander who happened to come across a unintended backpack to me (I've seen people on other websites argue that).

Yes, the timing of the fire really undermines that defense.

 

[SpanishInquisition]

Something that I just noticed that I found interesting was that he recently was in McKinney, which is north of Killeen where he had been enrolled at school but Austin is south. The date for him being in McKinney isn't given, but it sure looks like he went all around Texas with relative ease. Perhaps they're waiting on lab results expecting to charge him with crimes in other cities in addition to adding more charges to this crime. I don't think this was his first time coming up from behind someone with a knife. There's one or more unsolved rapes in Austin that sound like it could be him where they are mentioned using a bandana and a knife and one of the attempted rapes was said to turn into an aggravated robbery. The 'serial rapist' sounds like the dates might be off for him having arrived here most recently, but given how he was going all over the place he might have been coming in and out of Austin for some time where he could have been responsible for at least some of these just this one turned into murder. I get the impression he was quite comfortable there and knew his way around for someone who had only just recently arrived.

 

[peacehope]

Something that I just noticed that I found interesting was that he recently was in McKinney, which is north of Killeen where he had been enrolled at school but Austin is south. The date for him being in McKinney isn't given, but it sure looks like he went all around Texas with relative ease. Perhaps they're waiting on lab results expecting to charge him with crimes in other cities in addition to adding more charges to this crime. I don't think this was his first time coming up from behind someone with a knife. There's one or more unsolved rapes in Austin that sound like it could be him where they are mentioned using a bandana and a knife and one of the attempted rapes was said to turn into an aggravated robbery. The 'serial rapist' sounds like the dates might be off for him having arrived here most recently, but given how he was going all over the place he might have been coming in and out of Austin for some time where he could have been responsible for at least some of these just this one turned into murder. I get the impression he was quite comfortable there and knew his way around for someone who had only just recently arrived.

I read somewhere he was enrolled in school in McKinney just couple of weeks prior to committing this crime.

 

[StrayKat]

Does anyone know how big the area is where the crime was committed? I mean from the point of being on video to them seeing him go off camera in pursuit of her. I find it odd that he returned to the same area with her possessions 2 hours later and did not run and hide like most perps would do. Also, is a knife always considered shiny and rigid?

 

[Starry Night]

I am wondering about the idea that the 'shiny and rigid' item is a knife? Please explain thanks.

Also-I have the Austin scanner on this am-and it's not pretty. Austin needs more funding for public safety.

 

[BrownRice]

I am wondering where you got the idea that the 'shiny and rigid' item is a knife? Please explain thanks.

I think it's just an assumption. It was my first thought when I heard the description.

 

[BrownRice]

Where has it been stated in MSM her death was unimaginably brutal? I read this a couple times (someone said it was so bad it took days to ID her because dental records were needed from OR).

 

[SpanishInquisition]

Does anyone know how big the area is where the crime was committed? I mean from the point of being on video to them seeing him go off camera in pursuit of her. I find it odd that he returned to the same area with her possessions 2 hours later and did not run and hide like most perps would do. Also, is a knife always considered shiny and rigid?

The murder happened approximately between the buildings labeled 'liberal arts building' and the 'etter-harbin alumni center' on this map, which it sounds like it happened right in the vicinity of the bridge not far at all from what was seen on-camera:
https://www.google.com/maps/place/L...n!3m1!1s0x0000000000000000:0x28549369d37b16e8
Then on the video from after the murder that was from approximately here:
https://www.google.com/maps/place/R...n!3m1!1s0x8644b5907fc6c905:0xbb041997a2e6350a
And the fire he started was in this complex:
https://www.google.com/maps/place/2...2!3m1!1s0x8644b58e2bb93b17:0x35327c7ca965f256
All these events were in a relatively small area.

 

[SpanishInquisition]

Where has it been stated in MSM her death was unimaginably brutal? I read this a couple times (someone said it was so bad it took days to ID her because dental records were needed from OR).

It originated from the university President's description:
http://abcnews.go.com/US/suspect-cu...ersity-texas-austin-student/story?id=38250357

 

[MU42M]

Where has it been stated in MSM her death was unimaginably brutal? I read this a couple times (someone said it was so bad it took days to ID her because dental records were needed from OR).

Another poster heard it on Nancy Grace?


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[eileenhawkeye]

I've heard it speculated that the object could have been a hammer. Wasn't he breaking into vans? I feel like if they know the COD, it would be easier to tell if the object in his hand was the same as the one used to kill Haruka. If they don't want to reveal what the COD was, it would make sense for them to be vague when it comes to the object. I think that being able to say "The suspect was seen carrying X" and then later "X was used to murder Haruka" would definitely be useful for their case in the courtroom.

 

[Marah]

Why did the police not take him in on Monday when they found him burning her things?

 

[jjenny]

Why did the police not take him in on Monday when they found him burning her things?

They didn't connect him to the murder. At the time of the fire they didn't even know that the girl was missing yet. They haven't found the body yet. I guess they felt sorry for him and took him to the shelter, since he told them he was homeless.
They should have arrested him then and there.

 

[StrayKat]

Thank you, for all the maps. RIP Haruka.

 

[jjenny]

Also, because I'm genuinely curious, how do they determine premeditation? If he intended to rob her but snapped and just started beating her, and then realized, "OMG I just killed this person", but only intended on hurting her badly, is that premeditated? Do they assume because he had a weapon it was premeditated? Sorry if this is a stupid question.

Prosecutor won't need to prove premeditation. If murder is committed during a felony (presumably would be robbery in this case) its capital murder (term for first degree murder in TX). No premeditation needed.

 

[Blondie in Spokane]

EXCLUSIVE: Police files reveal accused murderer of UT ballerina was diagnosed with schizophrenia, autism and depression and beaten by his grandmother

Meechaiel Criner, 17, has been charged with first degree murder

The body of Haruka Weiser, 18, a first year theater and dance student at University of Texas was found in Waller creek on the Austin campus

The teen suffers from a range of mental health disorders

Criner had a violent and chaotic upbringing in Texarkana that included several incidents where he was an abuse victim

Police file describes one incident in which his grandmother, Mary Wadley, attacked him and left him with both eyes swollen shut in 2009

http://www.dailymail.co.uk/news/art...nia-autism-depression-beaten-grandmother.html