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

[ElGato]

Would the US Marshal need a confidential source to tell them as recent as this past week to check the passenger manifest for a ticket purchased as CA (i.e., defendant's sister)? I sure hope not! JMO

It's been speculated that police require a warrant to search passenger lists for the name of someone who isn't suspected of terrorism or wanted for a crime. They need probable cause, just as with any other kind of search of an apparently law-abiding citizen's bank accounts, phone records etc.

So first, they needed to supply probable cause to get a warrant to search the sister's belongings, to see whether her passport was there. They had to convince a judge that it was highly likely KA had flown out of the country on her sister's passport. Then, they had to get another warrant with probable cause that the passport had been used fraudently by KA.

None of this was urgent, in the sense that someone's life was at risk.

IMO, judges will want.to see evidence police have followed all avenues open to them for possible evidence, before granting a search warrant allowing them to go through all the sister's stuff.

JMO

 

[Seattle1]

It mind boogles me she’d skip on this like she did. After getting Botox, she presented them with a card that got declined. She then told them she was going out to her car to retrieve another card - but she just left. A normal person wouldn’t do this. They would certainly feel embarrassed that their card didn’t work, but would they lie and say they were going to get another card, and then just run? No! They’d try to make arrangements with the facility to pay the debt. She ran. Just like she did after she killed Mo.

And this theft of service occurred in March 2018 so plenty of time to make amends. Sign of her true character right here. MOO

 

[Seattle1]

It's been speculated that police require a warrant to search passenger lists for the name of someone who isn't suspected of terrorism or wanted for a crime. They need probable cause, just as with any other kind of search of an apparently law-abiding citizen's bank accounts, phone records etc.

So first, they also needed to supply probable cause to get a warrant to search the sister's belongings, to see whether her passport was there. They had to convince a judge that it was highly likely KA had flown out of the country on her sister's passport. Then, they had to get another warrant with probable that the passport had been used fraudently by KA.

None of this was urgent, in the sense that someone's lifevwas at risk.

IMO, judges will want.to see evidence police have followed all avenues open to them for possible evidence, before granting a search warrant allowing rhem to go through all the sister's stuff.

JMO

Respectfully, there was a warrant for KA's arrest for murder issued the day before the flight. Probable cause for a fugitive, done.

 

[Charlot123]

I agree that she was trying to look like her sister's passport photo. She was still going to have to use that passport.

Costa Rica only allows a 90 day visit, max.

She would being taking a risk of being deported if she overstayed that. Most people take a short trip across the border and then come back, to renew.

JMO

Or else, she merely planned to stay till her surgery scars would heal, and then travel elsewhere?

 

[ElGato]

Agree @Megnut. It doesn't follow that authorities would leave the "fraudulent use" and "immigration violation" evidence behind -- to be filmed by Inside Edition.

I've contemplated this: it now appears US agents were going through the lists at yoga studios, and tracked her down, perhaps surveilled her for a bit. But they had no jurisdiction to arrest her, so called in the local tourist police to do that. They are not highly trained, and could easily have neglected to secure her belongings in their excitement of taking her away. They should have put red tape, or something, to seal her locker, but didn't of that.

It could be that hostel staff broke into her locker and filmed the clip of what they found, then police came back and seized her possessions.

JMO

 

[AbstractVino]

Fascinated and devastated by all aspects of this case. Haven’t followed a case this closely since chris watts. I hope I’m wrong, but I strongly feel there are going to be bombshell revelations (fabricated, or true) and she’ll end up with a lesser charge/shorter sentence. Yes, IMO, I do believe this happening even in TX. I lived there for a few years and it will be difficult to find a jury in Austin that doesn’t include one juror who finds doubt or unfortunately empathy for KA. I’m also not speculating on others as it’s not allowed but I do think there will be, and should be, more details provided on the time line. I feel with her lawyer selection there will be a lot of holes poked unless there is solid forensic evidence that hasn’t been released. Which is definitely likely. However without solid forensics or definitive placement of KA at scene with license plate/geo locator placing her there/etc. i do feel there will be a juror who feels doubt. I hope I’m wrong. MOO. ETA: RIP MO may justice be served.

 

[ElGato]

Respectfully, there was a warrant for KA's arrest for murder issued the day before the flight. Probable cause for a fugitive, done.

That is not the same as a warrant for her sister, though. No doubt, these pesky procedures about unlawful search and seizure are irritating to LE as well.

ETA, but if they aren't followed to the letter of the law, a case can be thrown out.

 

[RaechelK]

The case number for the theft charge on the Harris County Sheriff's Office ledger showing the $3,500 bond is the same case number as the Travis County theft of service charge for the Botox (C1CR18-150969)

 

[Seattle1]

From 2018 till the end of 2019 - maybe had a lot of other outstanding warrants to deal with? After 2020, I think, most states had the same problem, COVID, and tried to de-clutter their jails. For the same reason, the courts became slow with processing even big crimes, and this one is a small thing. I am surprised that they issued a warrant for her arrest for this. In my state, it would be a mere debt collection. Unless it is not her first time? Or are Texan laws so harsh?

^^bbm
Unlike an unpaid bill stuffed in a drawer and ignored, this was a theft of service by KA (March 2018) and has nothing to do with harsh Texas law.

Just as a merchant calls police on a shoplifter when a customer walks out with store merchandise without paying, the same happened here when KA received botox treatment and walked out without paying for the service.

After her cc was denied, KA said she had another form of payment in her vehicle and would be right back but instead KA drove away and never looked back.

Theft of service is a Class B Misdemeanor. A conviction for a Class B misdemeanor carries up to 180 days in county jail, and fines up to $2,000. Penalties can increase if the offense is enhanced.

Class B Misdemeanors in Texas

Class B misdemeanors are a class of criminal offense in Texas. They are midrange misdemeanors. They are not as severe as felony offenses. A conviction for a Class B misdemeanor carries up to 180 days in county jail. Defendants can also be made to pay a fine of up to $2,000. These penalties can...

www.shouselaw.com

 

[Gypsy Road]

I’m still uncertain how exactly LE tracked KA to the little town in Costa Rica, but I’m wondering if that’s a spot KA had been to before, and if it was a place she choose because she knew the surroundings and felt comfortable there.

I have read that even if you delete your social media it can be subpoenaed, but LE must act quick. I believe LE must contact IG within 10 days, after that information is lost. I’m not sure about FB. It’s just a hunch, but I’m betting KA had been to this town before or had throughly researched it before she fled the US with her yoga mat in tow. It will be interesting if LE had gotten hold of her social media information and if it gave clues that this was the town to look for her. Still though 43 days on the run until she was apprehended.

I am anxious to see what evidence the prosecution has. I’m hoping there’s actual video of KA going into the house where Mo was gunned down, and of her moving Mo’s bike. I’m also hoping KA left DNA or hair at the scene that puts her right there.

 

[AbstractVino]

^^bbm
Unlike an unpaid bill stuffed in a drawer and ignored, this was a theft of service by KA (March 2018) and has nothing to do with harsh Texas law.

Just as a merchant calls police on a shoplifter when a customer walks out with store merchandise without paying, the same happened here when KA received botox treatment and walked out without paying for the service.

After her cc was denied, KA said she had another form of payment in her vehicle and would be right back but instead KA drove away and never looked back.

Theft of service is a Class B Misdemeanor. A conviction for a Class B misdemeanor carries up to 180 days in county jail, and fines up to $2,000. Penalties can increase if the offense is enhanced.

Class B Misdemeanors in Texas

Class B misdemeanors are a class of criminal offense in Texas. They are midrange misdemeanors. They are not as severe as felony offenses. A conviction for a Class B misdemeanor carries up to 180 days in county jail. Defendants can also be made to pay a fine of up to $2,000. These penalties can...

www.shouselaw.com

moo, but with her hired attorney, the whole Botox and run charge will somehow be dismissed immediately/soon with a lesser charge for murder. I think it will be “justifiably” explained in a way so that it’s dropped and the other charges are lessened. The attorney she retained has previously worked in Travis county DA and has the relationships to make this happen. I think the Botox conversation is definitely reflective of KA and the type of person she is, however, I feel it will become irrelevant soon. Hope I’m wrong. Again, MOO.

 

[Seattle1]

I've contemplated this: it now appears US agents were going through the lists at yoga studios, and tracked her down, perhaps surveilled her for a bit. But they had no jurisdiction to arrest her, so called in the local tourist police to do that. They are not highly trained, and could easily have neglected to secure her belongings in their excitement of taking her away. They should have put red tape, or something, to seal her locker, but didn't of that.

It could be that hostel staff broke into her locker and filmed the clip of what they found, then police came back and seized her possessions.

JMO

US Marshal provided Costa Rica had an immigration warrant for KA for entering the country under a false identity (fraud pp). Authorities there had difficulty tracking her because she was using yet another name at the hostel than the name she entered the country.

 

[AbstractVino]

Are there pictures of passports found in hostel locker? I’ve searched the threads and internet and haven’t found anything outside of the witness who claimed to see them. Edited: typos

 

[Gypsy Road]

Are there pictures of passports found in hostel locker? I’ve searched the threads and internet and haven’t found anything outside of the witness who claimed to see them. Edited: typos

Yes. Inside Edition put the photos up.

 

[Sundog]

<snipped for focus> Yes, IMO, I do believe this happening even in TX. I lived there for a few years and it will be difficult to find a jury in Austin that doesn’t include one juror who finds doubt or unfortunately empathy for KA.

I agree with most of your post, but do want to point out that it is possible for jurists to have empathy for KA and to hold her accountable according to the law and instructions they are given by the court. They are not mutually exclusive.

 

[WingsOverTX]

It's been speculated that police require a warrant to search passenger lists for the name of someone who isn't suspected of terrorism or wanted for a crime. They need probable cause, just as with any other kind of search of an apparently law-abiding citizen's bank accounts, phone records etc.

So first, they needed to supply probable cause to get a warrant to search the sister's belongings, to see whether her passport was there. They had to convince a judge that it was highly likely KA had flown out of the country on her sister's passport. Then, they had to get another warrant with probable cause that the passport had been used fraudently by KA.

None of this was urgent, in the sense that someone's life was at risk.

IMO, judges will want.to see evidence police have followed all avenues open to them for possible evidence, before granting a search warrant allowing them to go through all the sister's stuff.

JMO

RBBM
I think it was urgent.

“The Marshals Service elevated the Kaitlin Armstrong investigation to major case status early in this investigation, which likely played a key role in her capture after a 43-day run,” said U.S. Marshal for the Western District of Texas Susan Pamerleau. “This is an example of combining the resources of local, state, federal and international authorities to apprehend a violent fugitive, bring an end to that run and hopefully a sense of closure to the victim’s family.”

Kaitlin Armstrong Captured in Costa Rica | U.S. Marshals Service

Austin, TX – The Austin woman accused of killing world class cyclist Anna Moriah Wilson May 11 has been captured in Costa Rica

www.usmarshals.gov

 

[AbstractVino]

I agree with most of your post, but do want to point out that it is possible for jurists to have empathy for KA and to hold her accountable according to the law and instructions they are given by the court. They are not mutually exclusive.

I agree. I guess I should have emphasized more that finding a jury without one individual who can identify with KA and buy into any doubt presented by her attorneys, will be difficult. This is a very liberal and open minded pocket of TX…IMO. ETA: typos and clarification

 

[WingsOverTX]

I agree with most of your post, but do want to point out that it is possible for jurists to have empathy for KA and to hold her accountable according to the law and instructions they are given by the court. They are not mutually exclusive.

And we are a long way off from a trial. Let's see how this plays out. There might even be a change of venue or federal charges. Who knows?

 

[Sundog]

moo, but with her hired attorney, the whole Botox and run charge will somehow be dismissed immediately/soon with a lesser charge for murder. I think it will be “justifiably” explained in a way so that it’s dropped and the other charges are lessened. The attorney she retained has previously worked in Travis county DA and has the relationships to make this happen. I think the Botox conversation is definitely reflective of KA and the type of person she is, however, I feel it will become irrelevant soon. Hope I’m wrong. Again, MOO.

I don't think the DA's office in Travis County will give any special treatment in this case, especially because of the former relationship with KA's current attorney, they will be under additional scrutiny.

 

[WingsOverTX]

I agree. I guess I should have emphasized more than finding a jury without one individual who can identify with KA and buy into any doubt presented, will be difficult. This is a very liberal and open minded pocket of TX…IMO.

I lived there and I am not liberal on many issues. I guess they would have found a way to strike me. LOL