The story that a little boy had floated away in a giant helium balloon was a hoax concocted to land a reality television show, authorities said, and the boy's parents will likely face felony charges.
The stunt two weeks in the planning was a marketing ploy by Richard and Mayumi Heene, who met in acting school in Hollywood and have appeared on the ABC reality show "Wife Swap," Larimer County Sheriff Jim Alderden said. The Heenes have reportedly been working on a reality TV deal in Los Angeles.
Six-year-old Falcon Heene may not have even been hiding in the rafters of the family's garage during the intense five-hour search for him Thursday, Alderden said.
"For all we know he may have been two blocks down the road playing on the swing in the city park," the sheriff said.
The stunt temporarily shut down Denver International Airport and caused the National Guard to scramble two helicopters in an attempt to rescue the boy, who was believed to be inside the flying-saucer shaped homemade balloon that hurtled more than 50 miles across two counties.
Drama played out live
The drama played out on live television to millions of viewers worldwide. When the balloon landed without the boy in it, officials thought he had fallen out and began grim search for the boy's body.
In fact, the balloon — which was held together with duct tape — would not have been able to launch with the 37-pound-boy inside, Colorado State University physics professor Brian Jones has determined.
The parents weren't under arrest, the sheriff said. He said he expected to recommend charges of conspiracy, contributing to the delinquency of a minor, making a false report to authorities and attempting to influence a public servant. Federal charges were also possible.
The most serious charges are felonies and carry a maximum sentence of six years in prison and a $500,000 fine. Alderden said they would be seeking restitution for the costs, though he didn't have an estimate.
The cost for just the two military helicopters was about $14,500.
Richard and Mayumi Heene were shopping for snacks at Walmart with their three sons as Alderden told reporters that the whole thing was a hoax.
Richard Heene told The Associated Press he was "seeking counsel," though it was unclear whether he was talking about hiring an attorney. Alderman said the ACLU was representing the family, but the ACLU didn't return messages left Sunday.
"This thing has become so convoluted," Heene said as tears welled in his eyes. He said his wife was holding together better than he was.
A statement from the family's lawyer, David Lane, said the Heenes are more than willing to voluntarily turn themselves in to face any charges which may be filed against them.
"I have sent law enforcement this message in an effort to avoid the public spectacle and humiliation of having the police publicly arrest two people who are presumed innocent, perhaps even in the presence of their children, when they are absolutely willing to turn themselves in and fully cooperate with law enforcement in this matter," Lane said in the statement.
All three children knew of hoax
The sheriff said all three of the Heenes' sons knew of the Thursday hoax, but likely won't face charges because of their ages. The oldest son is 10. One of the boys told investigators he saw his brother get in the balloon's box before it launched.
Heene, 48, a storm chaser and inventor, has described himself as an amateur scientist, but Alderden said Heene has only a high school education.
"He may be nutty, but he's not a professor," Alderden said.
Child ill during two interviews
Alderden said that during the drama, the family's actions led them to believe the story was genuine. But during an interview on CNN Thursday night, Alderden said investigators had an "aha" moment when Falcon turned to his dad and said what sounded like "you had said we did this for a show" when asked why he didn't come out of his hiding place.
On Friday, Falcon got sick during two separate TV interviews when asked again why he hid.
Alderden said they didn't question the family Friday because they wanted to keep the family's cooperation by maintaining the appearance that they believed their story. Richard Heene was asked to stop by the sheriff's office under the pretext that he needed to pick up his balloon, and was questioned once he got there.
With Heene gone, other investigators went to the house. Alderden said they were looking for computers, e-mails, phone records and financial records.
Documents show the Heenes have already signed a deal with one media outlet after the balloon incident, Alderden said. He didn't name the media outlet, but said it was a show that blurs "the line between entertainment and news."
Other 911 calls from the house
Records show that police have responded to the house at least twice in the past year, including a possible domestic violence incident in February. No charges were filed.
Alderden said officials tried Saturday to persuade Mayumi Heene, 45, to go to a safe house, but she declined.
"We talked to her at length about domestic violence, about her safety, about her children's safety," the sheriff said. "We have a concern, but we didn't have enough that would allow us or child protective services to physically take the kids from that environment."
Alderden said the children were still with the parents Sunday morning, and child protective services had been contacted to investigate the children's well-being.
"Clearly, from all indications, Mr. Heene has somewhat of a temper," Alderden said.
As to the hoax that could end up with one or both in prison:
"It certainly got big and whether anybody realized it that it would get the type of international media attention, I suspect this is probably beyond what they thought," Alderden said.