Samuel Olson's devastated family demand Theresa Balboa gets the death penalty as she's charged with murdering boy, 5

THE family of tragic five-year-old Samuel Olson have demanded that Theresa Balboa receive the death penalty after she was charged with the missing boy's murder.

Balboa, who is currently behind bars in Harris County jail, Texas, previously helped in the search for her partner Dalton's son before being accused of killing the five-year-old.

The 29-year-old was initially charged with evidence tampering after allegedly wrapping his tiny body in plastic bags and duct tape in a motel – with an alleged plan to take him to Louisiana.

The Harris County District Attorney's Office confirmed to ABC13 that the felony was added on Thursday.

Speaking exclusively to The Sun, Samuel's grandmother Tonya Olson said: "We found out a little while ago, we were praying for this.

"The police have been keeping us updated but they didn't tell us this. I hope she gets the death sentence.

"I'm not in a good space, neither is my son, we are devastated right now.

"I know eventually we'll have to talk, but right now we just can't."

She added that the family are eager to see Benjamin Rivera, the 28-year-old roommate of Theresa Balboa, also spend time behind bars after he allegedly helped her move Samuel's body.

He is confined to house arrest and must wear a GPS monitoring device, a Harris County judge ruled in Houston.

Almost paralyzed by grief, Tonya previously told The Sun the family is "extremely distraught" and they were finding it hard to hear the gruesome details of Samuel's tragic death.

She told The Sun: "Nobody should have to imagine this.

"We've been staying off social media, and we don't even watch the updates, it's sickening. And then you have to hear the details."

Anguished family members sat huddled in a large out building next to Tonya's home as she wiped away tears and spoke of her grief, adding: "Justice will be done."

She said she was last with Samuel on May 2 and he was wearing a gray t-shirt with the Kool-Aid man emblazoned on the front, jean shorts, and white Buzz Lightyear tennis shoes.

Samuel was first reported missing on May 27 by Balboa and his father.

His body was found in a motel on June 1 with Balboa hiding in the bathroom, according to reports.

The youngster had been living with her and not his biological parents at the time of his disappearance.

Balboa's roommate, Rivera, told police she called him around May 10 and revealed that Samuel was dead.

Court records obtained by The Sun show he told officers he came home from work to find the boy "unresponsive" on the bed and saw bruising on his body.

He said he and Balboa placed his body in a bathtub where he remained for two days.

Rivera claims they wrapped the body in a plastic sheet and placed it in a tote bag before hiding the remains in a storage until May 31, court documents say.

Surveillance footage reportedly captured Balboa being picked up from the parking lot of a Walmart by pal Dylan Walker in Cleveland on Tuesday.

He stated she called him pleading for help after being involved in an altercation.

They then drove to the Life Storage in Webster, picked up a "foul-smelling" storage bin, and loaded it on the back of his truck.

Police busted her at a Best Western Motel on June 1 in Jasper after a pal claimed he drove her there with the storage bin and later tipped off CrimeStoppers.

She had initially told cops weeks before that she had given Samuel back to his biological mother, Sarah Olson, when she showed up at her home with a man she believed to be a police officer.

Houston Police Department Executive Assistant Larry Satterwhite confirmed that cops have not verified the version of events Balboa provided.

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