A judge has officially determined probable cause exists for the charge of Capital Murder in the case of Theresa Balboa, accused of killing Samuel Olson, 5, her boyfriend's son.
Balboa appeared before a Harris County judge Monday morning for a court hearing.
Prosecutors read the Probable Cause Affidavit and the judge found probable cause for the Capital Murder charge..
Balboa had no attorney and the judge will appoint one to represent her.
Prosecutors with the Harris County District Attorney's Office say they expect to take the case to a grand jury next week and expect the grand jury to return with a Capital Murder indictment.
The District Attorney's Office will decide whether to seek the death penalty in the case. A review committee will make that determination.
Investigators say Balboa used an object to strike Samuel Olson. An autopsy showed he died of blunt force trauma.
Prosecutors say cell phone evidence corroborates information provided by one of the suspects charged with evidence tampering, that Balboa called him and said she thought she'd killed Samuel Olson. Investigators have not determined a motive.
Jasper Police acted on a Crime Stoppers tip and found Balboa in motel room June 1. They found Olson's body in a container in the room.
Two other people are charged with evidence tampering. One is accused of helping Balboa move the remains to a storage locker in Webster. Another is accused of driving Balboa, with Samuel's remains in the container, to the Jasper motel.
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