'Government's own evidence will acquit Kaitlin Armstrong' in murder trial, says defense attorney
State requests media blackout during trial for shooting death of Moriah Wilson expected to begin in October
The attorney representing Kaitlin Armstrong, accused in connection to the shooting death of cyclist Moriah Wilson, believes that she will be acquitted of first-degree murder charges if the case goes to trial.
In an interview that aired on Dateline NBC, Rick Cofer stated his belief that if the pending trial is not dismissed, Armstrong will be found not guilty.
Armstrong has been formally charged with first-degree murder and is held at the Travis County Jail with a bond set at $3.5 million. She pleaded not guilty to the charges in a pre-trial hearing on July 5 and is expected to appear in court again at a docket call for the case on October 19.
"I expect this, the government's own evidence will acquit Kaitlin Armstrong," Cofer said. "They just haven't looked at it. Kaitlin Armstrong is not guilty. And if this case goes to trial, if the district attorney doesn't dismiss it before trial, she will be found not guilty."
Cofer is a partner at Cofer & Connely, PLLC, and is acting as Armstrong's defense attorney in the case. He was interviewed by correspondent Keith Morrison as part of the Dateline NBC's 31st season premiere that aired on September 16 in two-hour special that focused on the tragic death of Wilson, entitled 'The Last Ride'.
Wilson, a prominent gravel racer, was killed in a shooting at a home in East Austin on May 11 in a case currently under investigation by the City of Austin Police Department (APD). The APD issued an arrest warrant for Armstrong in connection to the homicide investigation on May 17.
Authorities later discovered, through the assistance of the U.S. Marshals Lone Star Fugitive Task Force, that Armstrong had sold her black Jeep for $12,200 on May 13. Investigators believe the black jeep "appeared to be the same vehicle observed on surveillance footage" outside the East Austin home crime scene on May 11.
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Cofer stated that there was no evidence presented of a license plate on the vehicle or a description the an occupant of the vehicle from the video surveillance footage. Asked if Cofer implied that Armstrong was not in the vicinity of the murder when it occurred and if he could prove it, Cofer replied: "I don't have to prove that. That's not how the system works."
Cofer also disputed the results of police ballistic tests on the Sig Sauer firearm believed to be Armstrong's and recovered from the residence she shared with live-in partner and gravel racer Colin Strickland. The report had stated that "the potential that the same firearm was involved [in Wilson’s shooting] is significant."
However, Crofer told Dateline NBC: "Ballistic analysis is functionally a junk science. It is a type of witchcraft, if you will."
Investigators believe that, after selling her black jeep, Armstrong then left from Austin-Bergstrom International Airport on May 14, connecting through Houston Hobby Airport to LaGuardia Airport in New York. Authorities said on May 18 Armstrong fraudulently used another person's passport to flee the US from Newark Liberty International Airport in New Jersey to San Jose, Costa Rica.
After a 43-day fugitive hunt, Armstrong was located and apprehended on June 29 at a hostel on Santa Teresa Beach in Provincia de Puntarenas, Costa Rica, then deported back to the US on July 2.
Authorities said she was formally charged with first-degree murder felony charges in the Travis County Jail in Austin where she was moved on July 5 and has awaited a jury trial to begin in October.
Armstrong was the live-in partner of Strickland, who spent the afternoon and early evening with Wilson on the day of her death and has been questioned by authorities. He is not suspected of being involved in the incident and has not been accused or charged in this crime.
He admitted to a past romantic relationship with Wilson in 2021. However, Strickland and Wilson's parents have disputed claims that they were in a romantic relationship at the time of her death.
Mainstream media outlets have speculated that Armstrong was jealous, as an alleged motive in the murder, in what Cofer has called 'sensationalized headlines' and a 'carnival-like media storm'. He claimed that a fair trial is not possible due to 'widespread biased publicity'.
Gag order
The Travis County District Attorney’s Office (TCDAO) has filed a motion for order prohibiting comment to media on August 18, in which it moved the court to prohibit “all parties” from commenting to the media about the case. The State argues that the motion will prevent both sides from discussing the case in public.
In a defense motion to prohibit prejudicial comment to media filed on August 22, Cofer countered the prosecutor's attempt to limit communications with the media.
Cofer believes that, at this point in time, a gag order would effectively only silence Armstrong's side, because the TCDAO, APD and U.S. Marshals have made public comment over the previous months that led to widespread publicity of the case and details of the investigation.
The defense filing also criticized the investigation and the affidavit in support of a warrant for Armstrong's arrest, alleging that it contains "factual errors", "misattributions", and "incorrect assertions".
Cofer told Morrison in the Dateline NBC episode: "The crux of law enforcement's theory from within the first 24 hours of this case, they had decided that Kaitlin Armstrong is a crazy, jealous person who, in a fit of rage, murdered Miss Wilson. The whole case against Kaitlin Armstrong is predicated on a deeply misogynistic view of her."
Cyclingnews has pieced together a timeline of how authorities believe this crime allegedly unfolded, based on legal documents. Cyclingnews will provide additional updates as more information from authorities becomes available.
Kirsten Frattini is the Deputy Editor of Cyclingnews, overseeing the global racing content plan.
Kirsten has a background in Kinesiology and Health Science. She has been involved in cycling from the community and grassroots level to professional cycling's biggest races, reporting on the WorldTour, Spring Classics, Tours de France, World Championships and Olympic Games.
She began her sports journalism career with Cyclingnews as a North American Correspondent in 2006. In 2018, Kirsten became Women's Editor – overseeing the content strategy, race coverage and growth of women's professional cycling – before becoming Deputy Editor in 2023.