TX - Moriah Wilson, 25, Cyclist Fatally Shot Before Race, Austin, 2022 *arrest* #5

[steeltowngirl]

Oh my. I see a 487 page .pdf has showed up to read. Better clean my readers - I guess it’s going to be a long weekend of reading.

 

[jash]

This is the Motion to Suppress starting on page 22, which it's claimed she was brought into the interrogation room in handcuffs and also in the documents is the Franks motion, like it shows that the landlord told LE: "actually hard for me to testify in a court of law to that only because like I didn’t see it and it could be my imagination":

Adobe Acrobat

acrobat.adobe.com

There's all sorts of issues brought up, like apparently 2 months later LE found out the timestamps were wrong, like in the affidavit it says the Jeep arrived 1 minute after MW opened the door but in reality that vehicle pulled up 7 minutes later, which to me is significant as KA couldn't have just immediately followed MW inside.

Thank you so much for sharing that document. I just got through reading the transcript from CS's second interview and he filled in some of the gaps and questions we had here.

- When CS went to pick Mo up that day, he noticed the garage door was partially open. He went upstairs and knocked on the door (didn't notice if she had to unlock the door before opening it). He saw her bicycle travel bag outside on the porch (I guess she didn't take CC's advice about putting it inside), and her bicycle was inside the apartment right by the door. He went in and gave her a hug and sat on the couch for 3-5 minutes while she packed her things for the pool. When he dropped her off, he is 90% sure the garage door was closed. He did not go upstairs.

- KA's sister moved to Vermont/New York (not sure if he misspoke about Vermont) about two months earlier.

- CS said KA is an incredibly sweet and kind person who goes out of her way to help other human beings and that's why he stayed with her for 3 years despite his initial doubts about being with her long term because of stupid stuff like the clothes she wears (???). CS does not think KA could kill or even hit someone.

- When asked if he and KA had spoken after their initial questioning by police, CS said he went to his father's house because KA was at the house speaking to their attorney from "the real estate case" (more on this later). Once KA was finished, he went back home and they didn't speak much as they were shell-shocked. They maybe slept an hour or two over an 8 hour period and in the morning (Friday) they walked to a coffee shop. During the walk over, KA said she didn't know what to do, and didn't know what was going on. CS told her that he can't believe that he dragged her into this situation (???). As they were walking back, KA said police had her phone and asked where she should get another one and he suggested Walmart. Some time around midday, KA left to go get a phone. CS said he did the same (went to Verizon) and then he spoke to another real estate attorney who told him it was a serious matter and he should speak with a criminal defense lawyer. The criminal lawyer he then retained told him on Friday afternoon that she thinks CS and KA need to separate and stop speaking to each other while police were fact finding. CS said he has not seen or spoken to KA since midday Friday. CS stayed at their Lockhart property on Saturday and Sunday and didn't see KA.

- Regarding the real estate case, it sounds like friends of theirs had shown CS and KA a house to buy but then the friends ended up buying it themselves (like out from under CS and KA I assume). CS said he and KA had been working with the real estate lawyer on the case for ~6 months but after everything with Mo, he messaged KA on Saturday and told her he was dropping the case; at that point he had incurred $40k in legal fees.

- CS says he did a cash-out refinancing of his home and got $350k -- a lot went into the trailer business but because KA is a "very savvy investor" she was managing the other $100k of his money. Two weeks prior to Mo's murder, KA said the real estate case was taking long to resolve so why don't they just invest it in the market, which is what she did (Charles Schwab account). When he messaged her that Saturday, he asked her to pull out the $100k and put it back in his account so they could settle up the legal fees. He never got a response from her. CS's father was the last to speak with KA on Saturday morning - she answered his call and sounded OK.

- CS initially bought two Sig Saur X guns in December but subsequently felt it was too small for him so he went back and exchanged it a few weeks later (in January) for the bigger Springfield. KA and her sister took both KA's and CS's guns to the range in January (along with another female friend who had experience with guns) -- he told the detective this because he wanted to correct his earlier statement that his gun had never been fired (he personally had never fired it). The detective asked CS if KA knew how to disassemble and clean a gun. CS didn't know but said she's very feminine and is "mechanically inept" and he didn't think she had received any instruction. CS said he never had guns and never wanted to own one until after KA had a "sketchy experience" in a parking lot with a guy "road raging at her" that left her physically shaking. CS said he had never seen KA with the gun; as far as he knew, they were always kept in the locked case.

- CS said there was no direct "oral contact" between him and Mo that day. He explained how they split their burgers with each other (each ate half of one and then swapped) and they shared two mixed drinks.

- The "vandalism" was that someone pushed CS's motorcycle over onto KA's vehicle on their driveway (it dented her front fender a bit) and someone flipped stones over at the front of his property and left two one-dollar bills under one of the stones. He saw it when he and KA walked to the coffee shop on Friday morning (8 or 8:30) so he thinks it happened the night before although he's surprised he didn't hear anything as they barely slept.

- KA went to the neighbor's (who was friendly with CS) on Thursday afternoon at 2:35pm hoping to use his phone as the police had taken hers. He was out of town but spoke to her through his Ring doorbell and suggested she try another house where the residents are normally home.

 

[Mariposa]

Yes thanks @SpanishInquisition for posting that document link!

 

[Sundog]

Thank you so much for sharing that document. I just got through reading the transcript from CS's second interview and he filled in some of the gaps and questions we had here.

- When CS went to pick Mo up that day, he noticed the garage door was partially open. He went upstairs and knocked on the door (didn't notice if she had to unlock the door before opening it). He saw her bicycle travel bag outside on the porch (I guess she didn't take CC's advice about putting it inside), and her bicycle was inside the apartment right by the door. He went in and gave her a hug and sat on the couch for 3-5 minutes while she packed her things for the pool. When he dropped her off, he is 90% sure the garage door was closed. He did not go upstairs.

- KA's had sister moved to Vermont/New York (not sure if he misspoke about Vermont) about two months earlier.

- CS said KA is an incredibly sweet and kind person who goes out of her way to help other human beings and that's why he stayed with her for 3 years despite his initial doubts about being with her long term because of stupid stuff like the clothes she wears (???). CS does not think KA could kill or even hit someone.

- When asked if he and KA had spoken after their initial questioning by police, CS said he went to his father's house because KA was at the house speaking to their attorney from "the real estate case" (more on this later). Once KA was finished, he went back home and they didn't speak much as they were shell-shocked. They maybe slept an hour or two over an 8 hour period and in the morning (Friday) they walked to a coffee shop. During the walk over, KA said she didn't know what to do, and didn't know what was going on. CS told her that he can't believe that he dragged her into this situation (???). As they were walking back, KA said police had her phone and asked where she should get another one and he suggested Walmart. Some time around midday, KA left to go get a phone. CS said he did the same (went to Verizon) and then he spoke to another real estate attorney who told him it was a serious matter and he should speak with a criminal defense lawyer. The criminal lawyer he then retained told him on Friday afternoon that she thinks CS and KA need to separate and stop speaking to each other while police were fact finding. CS said he has not seen or spoken to KA since midday Friday. CS stayed at their Lockhart property on Saturday and Sunday and didn't see KA.

- Regarding the real estate case, it sounds like friends of theirs had shown CS and KA a house to buy but then the friends ended up buying it themselves (like out from under CS and KA I assume). CS said he and KA had been working with the real estate lawyer on the case for ~6 months but after everything with Mo, he messaged KA on Saturday and told her he was dropping the case; at that point he had incurred $40k in legal fees.

- CS says he did a cash-out refinancing of his home and got $350k -- a lot went into the trailer business but because KA is a "very savvy investor" she was managing the other $100k of his money. Two weeks prior to Mo's murder, KA said the real estate case was taking long to resolve so why don't they just invest it in the market, which is what she did (Charles Schwab account). When he messaged her that Saturday, he asked her to pull out the $100k and put it back in his account so they could settle up the legal fees. He never got a response from her. CS's father was the last to speak with KA on Saturday morning - she answered his call and sounded OK.

- CS initially bought two Sig Saur X guns in December but subsequently felt it was too small for him so he went back and exchanged it a few weeks later (in January) for the bigger Springfield. KA and her sister took both KA's and CS's guns to the range in January (along with another female friend who had experience with guns) -- he told the detective this because he wanted to correct his earlier statement that his gun had never been fired (he personally had never fired it). The detective asked CS if KA knew how to disassemble and clean a gun. CS didn't know but said she's very feminine and is "mechanically inept" and he didn't think she had received any instruction. CS said he never had guns and never wanted to own one until after KA had a "sketchy experience" in a parking lot with a guy "road raging at her" that left her physically shaking. CS said he had never seen KA with the gun; as far as he knew, they were always kept in the locked case.

- CS said there was no direct "oral contact" between him and Mo that day. He explained how they split their burgers with each other (each ate half of one and then swapped) and they shared two mixed drinks.

- The "vandalism" was that someone pushed CS's motorcycle over onto KA's vehicle on their driveway (it dented her front fender a bit) and someone flipped stones over at the front of his property and left two one-dollar bills under one of the stones. He saw it when he and KA walked to the coffee shop on Friday morning (8 or 8:30) so he thinks it happened the night before although he's surprised he didn't hear anything as they barely slept.

- KA went to the neighbor's (who was friendly with CS) on Thursday afternoon at 2:35pm hoping to use his phone as the police had taken hers. He was out of town but spoke to her through his Ring doorbell and suggested she try another house where the residents are normally home.

Thanks for this excellent summary!

 

[Mariposa]

About the gag order:

Travis County District Attorney Jose Garza’s office filed a motion to prohibit comment to the media Thursday, after Armstrong’s defense team requested a handful of subpoenas and accused police of failing to read her Miranda rights during an interview days after the alleged love triangle slaying of pro cyclist Anna Moriah "Mo" Wilson, 25.

Kaitlin Armstrong trial: Austin prosecutors seek gag order as defense blasts 'biased and flawed investigation'

Travis County prosecutors asked Judge Brenda Kennedy to approve a gag order to bar Kaitlin Armstrong's lawyers from discussing her love triangle murder case.

www.foxnews.com

 

[steeltowngirl]

The two one-dollar bills under stones is interesting. There was a show called One Dollar.

Set in a small rust belt town in post-recession America, One Dollar is a grimy mystery where one single dollar bill (hence the title) changing hands connects a group of characters involved in a shocking multiple murder.

‘One Dollar’ Trailer: One Small Town, A Single Bill, Multiple Murders

CBS All Access has dropped the first official trailer for their upcoming drama One Dollar. The series from Craig Zobel (The Leftovers, Compliance) is set to premiere on Aug. 30 with new episodes re…

deadline.com

 

[WingsOverTX]

About the gag order:

Travis County District Attorney Jose Garza’s office filed a motion to prohibit comment to the media Thursday, after Armstrong’s defense team requested a handful of subpoenas and accused police of failing to read her Miranda rights during an interview days after the alleged love triangle slaying of pro cyclist Anna Moriah "Mo" Wilson, 25.

Kaitlin Armstrong trial: Austin prosecutors seek gag order as defense blasts 'biased and flawed investigation'

Travis County prosecutors asked Judge Brenda Kennedy to approve a gag order to bar Kaitlin Armstrong's lawyers from discussing her love triangle murder case.

www.foxnews.com

From the article:
Armstrong’s attorneys opposed the gag order request – arguing that it would only apply to their client since the prosecution’s version of events is already well-documented in the public sphere.

"By delaying this request for a communications ban, and after promulgating its own narrative in the press during that time, the state has waived any serious argument that a total ban should now come into effect," they argued in documents viewed by Fox News Digital.

I agree with RC on this one. Let's let all of the cats out of the bag. Shame on LE for creating a narrative then trying to cover up what appears to be justified points as to its flaws. Shame on the prosecution for continuing that narrative.

To allow false statements in the AA to be published without correction is very improper. The minute LE realized the timeline of the Jeep sighting was incorrect the case against KA was badly damaged. Guilty as she may be, proof beyond a reasonable doubt is already in jeopardy IMO.

My opinion only.

 

[Hoosgirl]

I think it is interesting that after seizing their cell phones, somehow the idea of Kaitlin replacing her phone was to go to Walmart, yet Colin went to Verizon. Wonder why both wouldn't secure replacements through their phone carrier?

 

[DellaC]

I think it is interesting that after seizing their cell phones, somehow the idea of Kaitlin replacing her phone was to go to Walmart, yet Colin went to Verizon. Wonder why both wouldn't secure replacements through their phone carrier?

Do we know whether they shared a cellphone plan, used a plan, or used pay-as-you-go or prepaid cellphones prior to "the incident"? These Walmart/Verizon transactions may have been the appropriate way to continue with their carrier/s.

 

[Mangosweet]

I think it is interesting that after seizing their cell phones, somehow the idea of Kaitlin replacing her phone was to go to Walmart, yet Colin went to Verizon. Wonder why both wouldn't secure replacements through their phone carrier?

I think Armstrong bought a burner phone at Walmart. She fled on Friday May 13 and did not want LE to be able to track her.

 

[steeltowngirl]

If the garage door was open, MW’s killer could have gone in through there, meaning the front door keypad might not contain his or her fingerprints or DNA.

 

[steeltowngirl]

If my understanding if correct, KA was arrested under the Botox theft warrant. Why? Do we know if KA was requested to voluntarily come in for questioning? Did she refuse?

(Apologies if this is already answered in the transcript - Still working to download a searchable .pdf reader.)

 

[jash]

If the garage door was open, MW’s killer could have gone in through there, meaning the front door keypad might not contain his or her fingerprints or DNA.

I don't believe there is entry to the apartment through the garage but that would be an interesting twist. However the landlord says he was in the garage between 8:30 and 9:30pm (per affidavit).

Source

 

[steeltowngirl]

What are the odds that your boyfriend would be out with your rival just before said rival was murdered, AND you were following her on Strava, AND your vehicle was spotted within minutes of the victim entering her home, AND ballistics matched gunshot wounds on the victim to your firearm?

KA would have to be mighty unlucky.

jmo

 

[jash]

This is the Motion to Suppress starting on page 22, which it's claimed she was brought into the interrogation room in handcuffs and also in the documents is the Franks motion, like it shows that the landlord told LE: "actually hard for me to testify in a court of law to that only because like I didn’t see it and it could be my imagination":

Adobe Acrobat

acrobat.adobe.com

There's all sorts of issues brought up, like apparently 2 months later LE found out the timestamps were wrong, like in the affidavit it says the Jeep arrived 1 minute after MW opened the door but in reality that vehicle pulled up 7 minutes later, which to me is significant as KA couldn't have just immediately followed MW inside.

So in that bundle of documents is a motion by the defense to obtain KA's gun, CS's gun, the cartridges, the ammunition and basically all evidence police collected on the shooting for their own independent testing.

Defense says they have received no evidence that LE even tested CS's gun. Personally I would be very surprised if they hadn't test fired both, especially if both use the same ammunition. I wonder if police still have CS's gun. In his second interview, he was asking if/when he'd get it back and whether he's allowed to go buy another one as he didn't feel safe.

It sounds like casings and bullets* were found in multiple places in the apartment I'm not sure if that indicates Mo was a moving target (started by kitchen?) or if it's just due to the apartment being small so things bounced/rolled/were kicked in different directions.

• Gold "Jag 9mm Luger" casing seized from floor under dishwasher
• Gold “Jag 9mm Luger” casing seized from floor in front of oven
• Bronze projectile seized from under washer/dryer
• Gold “Jag 9mm Luger” casing seized from under bathroom floor
• Bronze projectile [doesn't say where it was located]
• Bronze projectile seized from bathroom floor

*I looked this up: an unfired round of ammunition consists of a cartridge case, projectile (bullet), primer and smokeless powder

 

[jash]

If my understanding if correct, KA was arrested under the Botox theft warrant. Why? Do we know if KA was requested to voluntarily come in for questioning? Did she refuse?

(Apologies if this is already answered in the transcript - Still working to download a searchable .pdf reader.)

Reading between the lines, I think she was not asked to voluntarily go in. I don't know why they took that approach -- I think she would have gone in voluntarily, especially if she thought they were focused on CS.

In the Motion to Suppress, defense says KA was arrested at her home on an unrelated, outstanding misdemeanor warrant (which defense says was valid and contained KA's name and her correct DOB). She was transported to APD offices and taken to an interrogation room in handcuffs where two officers performed a pat down search and ordered her to sit down in a chair (still in handcuffs) and left her there with the door closed. About 18 minutes later a detective entered the room and stated multiple times that KA was under arrest/in custody for theft of services (KA says she knew nothing about the warrant). The detective said she she wants some information from KA but first has to read her her rights. Unfortunately then there was a knock at the door to inform the detective that the warrant wasn't valid as the DOB was wrong (which defense says was a mistake). When the detective gave KA the "good news", the detective forgot about reading her her rights but proceeded to ask her about Mo's killing. KA mentioned wanting to leave five times over five minutes until the detective acknowledged the request. Then KA had to sit there for another 11 minutes until officers came to escort her out.

 

[SpanishInquisition]

What are the odds that your boyfriend would be out with your rival just before said rival was murdered, AND you were following her on Strava, AND your vehicle was spotted within minutes of the victim entering her home, AND ballistics matched gunshot wounds on the victim to your firearm?

KA would have to be mighty unlucky.

jmo

So far with ballistics there's only been a NIBIN Lead not a NIBIN Hit. That's part of the issue the defense is making is that the arrest warrant is overplaying what the results actually were. Per the ATF that conducts this:
A NIBIN lead is an unconfirmed, potential association between two or more pieces of firearm ballistic evidence and is based on a correlation review of the digital images in the NIBIN database.

When needed for court or other purposes, a firearms examiner will conduct a microscopic examination of the actual physical evidence to confirm a NIBIN lead as a hit. A NIBIN hit occurs when two or more firearms ballistic evidence acquisitions are identified as a confirmed match by a firearms examiner.

Fact Sheet - National Integrated Ballistic Information Network | Bureau of Alcohol, Tobacco, Firearms and Explosives

Download the PDF In 1997, ATF established NIBIN to provide local, state, tribal and federal law enforcement partners with an automated ballistic imaging network. This technology is vital to violent crime reduction because it enables investigators to match ballistics evidence from cases across...

www.atf.gov

There's been no actual ballistics match as of yet, just something that may turn out to be match once it is further examined, which approximately 1/3 of Leads turn out to be Hits. I also am very curious on if LE tested both firearms or if they just tested the Sig, which the defense has filed a motion to test both firearms. With it being merely a NIBIN Lead, it could for instance turn out that after microscopic examination by a firearms examiner that neither pistol is a match.

 

[Mangosweet]

So far with ballistics there's only been a NIBIN Lead not a NIBIN Hit. That's part of the issue the defense is making is that the arrest warrant is overplaying what the results actually were. Per the ATF that conducts this:
A NIBIN lead is an unconfirmed, potential association between two or more pieces of firearm ballistic evidence and is based on a correlation review of the digital images in the NIBIN database.

When needed for court or other purposes, a firearms examiner will conduct a microscopic examination of the actual physical evidence to confirm a NIBIN lead as a hit. A NIBIN hit occurs when two or more firearms ballistic evidence acquisitions are identified as a confirmed match by a firearms examiner.

Fact Sheet - National Integrated Ballistic Information Network | Bureau of Alcohol, Tobacco, Firearms and Explosives

Download the PDF In 1997, ATF established NIBIN to provide local, state, tribal and federal law enforcement partners with an automated ballistic imaging network. This technology is vital to violent crime reduction because it enables investigators to match ballistics evidence from cases across...

www.atf.gov

There's been no actual ballistics match as of yet, just something that may turn out to be match once it is further examined, which approximately 1/3 of Leads turn out to be Hits. I also am very curious on if LE tested both firearms or if they just tested the Sig, which the defense has filed a motion to test both firearms. With it being merely a NIBIN Lead, it could for instance turn out that after microscopic examination by a firearms examiner that neither pistol is a match.

June 24 2022 Fox7 Austin published article confirming the gun found in Armstrong's home is the same weapon used in Moriah Wilson murder. "Kaitlin Armstrong's new federal warrant confirms 'Mo' Wilson murder weapon found in fugitives Texas home". It goes on to report LE "laboratory test fired the weapon ending speculation about the gun potentially being a match".
Also it's great to know APD has access to NIBIN and used it in KA case and other gun crime cases that are eligible. I suppose RC will contest every single aspect of his client's murder case. I'm curious how KA is paying her legal bills?

 

[SpanishInquisition]

June 24 2022 Fox7 Austin published article confirming the gun found in Armstrong's home is the same weapon used in Moriah Wilson murder. "Kaitlin Armstrong's new federal warrant confirms 'Mo' Wilson murder weapon found in fugitives Texas home". It goes on to report LE "laboratory test fired the weapon ending speculation about the gun potentially being a match".
Also it's great to know APD has access to NIBIN and used it in KA case and other gun crime cases that are eligible. I suppose RC will contest every single aspect of his client's murder case. I'm curious how KA is paying her legal bills?

Hopefully the upcoming hearing on the 24th will bring some clarity. My impression of that federal warrant affidavit was that it was a summary of local warrant affidavit and added additional detail about her fleeing to justify federalizing it. What I would be looking for with an actual confirmed match would be mention of a forensic examiner rather than mentioning a test firing as it's a test firing fed into an algorithm that creates the investigative lead while an analysis by an expert creates a hit (match).

 

[WingsOverTX]

I'm curious how KA is paying her legal bills?

RSBBM
Unless I have missed something, we don't really know at this point.

Earlier in the thread it was posted that KA submitted an indigency application, indicating she would likely be assigned a public defender. However, her counsel (RC's firm) hasn't changed so the assumption is that he is being paid as her public defender.