Richard Heene mugshot (Photo: Larimer County Sheriff's Office / November 12, 2009)
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DENVER -
The parents in the balloon boy case, Richard and Mayumi Heene, were charged Thursday for making up the story about their 6-year-old floating away in a balloon last month.
The Larimer County District Attorney's Office filed affidavits for arrest and charges from the hoax on October 15. Richard Heene has been charged with one count of attempting to influence a public servant. It's a class 4 felony that carries a penalty of 2-6 years in prison and a fine of $2,000 to $500,000.
Richard Heene turned himself into authorities Thursday. His wife, Mayumi Heene, was not with him. Richard Heene was released on a personal recognizance bond of $5,000.
She has been charged with one count of false reporting to authorities, a class 3 misdemeanor. It carries a penalty of up to 6 months in jail and a fine of $50 to $750.
Their attorney, David Lane, says they will plead guilty to the charges during an appearance in Larimer County Court in Fort Collins Friday morning.
"Richard Heene will plead guilty to attempting to influence a public servant," Lane said in a statement released Thursday.
Mayumi Heene will plead guilty to false reporting to authorities.
The couple is accused of perpetrating a hoax to promote a future reality TV show for themselves. They reported their 6-year-old son, Falcon Heene, floated away in a large, homemade balloon on October 15. The incident gained instant worldwide attention as people watched the balloon as it flew for more than two hours on live television.
David Lane said the prosecutor recommends a sentence of probation for the Heenes.
The Heenes were under investigation for reporting that their 6-year-old son, Falcon, had drifted away on a homemade balloon that broke loose from its tethers Oct. 15 in Fort Collins. The report set off a mad scramble by police, firefighters, National Guard and media helicopters as the UFO-shaped balloon flew 50 miles across northern Colorado.
The balloon crashed softly into a field, and authorities found out quickly there was no one on board. That sparked fears the boy had fallen out until he was found safe at home. He said he had been hiding because he was afraid he was in trouble.
Two days later, Mayumi Heene allegedly admitted "that she and Richard Heene had lied to authorities," Larimer County sheriff's investigator Robert Heffernan wrote in a sworn statement supporting a warrant to a recent search of the family's home.
Mayumi Heene is a citizen of Japan. Any felony conviction or certain misdemeanors would result in her deportation. Lane said she'll avoid deportation with her guilty plea.
David Lane filed a complaint against Sheriff Jim Alderden after he said the couple was under investigation by child welfare officials. It was decided earlier this week Alderden would not face any charges related to that.
"It is supremely ironic that law enforcement has expressed such grave concern over the welfare of the children, but it was ultimately the threat of taking the children's mother from the family and deporting her to Japan which fueled this deal," said Lane. "Threatening to stretch what is essentially a low level misdemeanor into a felony prosecution followed by deportation upon conviction simply to make a point shows a complete and utter disregard for the true best interests of these children."
The Heenes will enter the pleas in court at 8:30 a.m. Friday. Sentencing will likely happen a few weeks later when pre-sentence reports are complete.
The Larimer County District Attorney's Office filed affidavits for arrest and charges from the hoax on October 15. Richard Heene has been charged with one count of attempting to influence a public servant. It's a class 4 felony that carries a penalty of 2-6 years in prison and a fine of $2,000 to $500,000.
Richard Heene turned himself into authorities Thursday. His wife, Mayumi Heene, was not with him. Richard Heene was released on a personal recognizance bond of $5,000.
She has been charged with one count of false reporting to authorities, a class 3 misdemeanor. It carries a penalty of up to 6 months in jail and a fine of $50 to $750.
Their attorney, David Lane, says they will plead guilty to the charges during an appearance in Larimer County Court in Fort Collins Friday morning.
"Richard Heene will plead guilty to attempting to influence a public servant," Lane said in a statement released Thursday.
Mayumi Heene will plead guilty to false reporting to authorities.
The couple is accused of perpetrating a hoax to promote a future reality TV show for themselves. They reported their 6-year-old son, Falcon Heene, floated away in a large, homemade balloon on October 15. The incident gained instant worldwide attention as people watched the balloon as it flew for more than two hours on live television.
David Lane said the prosecutor recommends a sentence of probation for the Heenes.
The Heenes were under investigation for reporting that their 6-year-old son, Falcon, had drifted away on a homemade balloon that broke loose from its tethers Oct. 15 in Fort Collins. The report set off a mad scramble by police, firefighters, National Guard and media helicopters as the UFO-shaped balloon flew 50 miles across northern Colorado.
The balloon crashed softly into a field, and authorities found out quickly there was no one on board. That sparked fears the boy had fallen out until he was found safe at home. He said he had been hiding because he was afraid he was in trouble.
Two days later, Mayumi Heene allegedly admitted "that she and Richard Heene had lied to authorities," Larimer County sheriff's investigator Robert Heffernan wrote in a sworn statement supporting a warrant to a recent search of the family's home.
Mayumi Heene is a citizen of Japan. Any felony conviction or certain misdemeanors would result in her deportation. Lane said she'll avoid deportation with her guilty plea.
David Lane filed a complaint against Sheriff Jim Alderden after he said the couple was under investigation by child welfare officials. It was decided earlier this week Alderden would not face any charges related to that.
"It is supremely ironic that law enforcement has expressed such grave concern over the welfare of the children, but it was ultimately the threat of taking the children's mother from the family and deporting her to Japan which fueled this deal," said Lane. "Threatening to stretch what is essentially a low level misdemeanor into a felony prosecution followed by deportation upon conviction simply to make a point shows a complete and utter disregard for the true best interests of these children."
The Heenes will enter the pleas in court at 8:30 a.m. Friday. Sentencing will likely happen a few weeks later when pre-sentence reports are complete.
