GUILTY TX - Ethan Couch 'Affluenza Teen' DUI driver who killed four gets probation, 2013 #1

[jjenny]

Sounds like "knock out" game, even though articles don't call it that.
And that same judge had no problem with 10 year jail sentence for a juvenile offender.
So, what gives?
Does she really think that someone from a privileged background deserves treatment instead of jail becaue they are a victim of "affluenza?"

 

[EmmaliLucia]

Here's the thing though, I read an article about this and it said that if he had been given the twenty year sentence he could have gotten out in two years and I think his probation would have been like a year or two.

That's four years. If he's on probation for 10 and forced to go into treatment he will be on watch and be held accountable for his actions for over twice as long as he would if he had just been sent to jail.

 

[nightwatch]

Why can't the prosecutor appeal this lenient sentence? Killing four people, he should be in jail. Jmo

Ciao

 

[jjenny]

Here's the thing though, I read an article about this and it said that if he had been given the twenty year sentence he could have gotten out in two years and I think his probation would have been like a year or two.

That's four years. If he's on probation for 10 and forced to go into treatment he will be on watch and be held accountable for his actions for over twice as long as he would if he had just been sent to jail.

How is he accountable for his actions? The treatment facility into which he is "forced to go into" is more like a spa. It costs nearly half a million per year.

 

[PoeticJustice]

Where's Dexter when you need him?? Absolutely disgusting. I hope he pain and suffering he has caused haunts him for the rest of his life since he clearly isn't going to be punished for his actions.

 

[Elley Mae]

It's just a matter of time. He'll be back. He thinks he is invincible now. give it time. idk jmo

 

[ScarlettScarpetta]

I was watching more news coverage today about the case.

I don't know what this judge was thinking. I don't think it is all about the money. I do like to see young offenders given some chance to rehabilitate rather than just be thrown away..

HOWEVER in this case, He killed 4 people and paralyzed a 5th. He should be made to pay for that. Maybe not with 50 years but he should have gotten some time.

I did see that it is possible for the prosecution to ask for a sentence review. It is not common but it can be done. I wonder if anyone has had a chance to review this judges rulings as a whole to see where she sits the majority of the time.

I think the problem is not with this kid. The facts are there. He should have had to serve time, I don't know how much but time. I believe here the problem lies solely with the judge.

 

[jjenny]

Prosecutor already made a statement saying he can not do anything at all about the sentence. So this will not be appealed.

 

[ScarlettScarpetta]

Prosecutor already made a statement saying he can not do anything at all about the sentence. So this will not be appealed.

Well he is wrong as far as I can see. He can do something. At least as far as I can see at this point.. Just like the prosecutor appealed the case where the judge gave the rapist 30 days. IT may not work but he can at least try. It is not common but it can happen.

 

[jjenny]

Well he is wrong as far as I can see. He can do something. At least as far as I can see at this point.. Just like the prosecutor appealed the case where the judge gave the rapist 30 days. IT may not work but he can at least try. It is not common but it can happen.

No, in the case of statutory rapist prosecutor claimed the sentence was illegal.
In this case the sentence is not illegal, so there can not be an appeal.

 

[ScarlettScarpetta]

No, in the case of statutory rapist prosecutor claimed the sentence was illegal.
In this case the sentence is not illegal, so there can not be an appeal.

From what I am seeing and( I don't have a good source at the moment but am still looking) from hearing the lawyers discuss it this morning, There could be a way for him to appeal the sentence.

Was this in juvenile court?

 

[ScarlettScarpetta]

"It is very rare, but not impossible, for prosecutors to challenge the sentence on the ground that it was too lenient, CNN legal analyst Sunny Hostin said."

http://www.cnn.com/2013/12/11/us/texas-teen-dwi-wreck/

I heard others say the same thing.

 

[jjenny]

"It is very rare, but not impossible, for prosecutors to challenge the sentence on the ground that it was too lenient, CNN legal analyst Sunny Hostin said."

http://www.cnn.com/2013/12/11/us/texas-teen-dwi-wreck/

I heard others say the same thing.

The prosecutor who actually prosecuted the case says it is impossible. And I don't trust the "talking heads."

"We are disappointed by the punishment assessed but have no power under the law to change or overturn it," said Assistant District Attorney Richard Alpert. "Our thoughts and prayers are with the families and we regret that this outcome has added to the pain and suffering they have endured."

http://www.cnn.com/2013/12/11/us/texas-teen-dwi-wreck/

 

[21merc7]

JMO ALERT

The prosecutor is saying this will not be appealed as he is not going to pursue that avenue. Even if it is remotely possible, it is not happening. The deal was struck, the deal stays.

 

[jjenny]

JMO ALERT

The prosecutor is saying this will not be appealed as he is not going to pursue that avenue. Even if it is remotely possible, it is not happening. The deal was struck, the deal stays.

It might be possible in some other cases. For instance, if there are mandatory sentencing guidelines and the judge sentenced outside the guidelines. But not in this particular case.
I don't think the deal was struck between defense and prosecution, since prosecutor argued for 20 year sentence.

 

[21merc7]

It might be possible in some other cases. For instance, if there are mandatory sentencing guidelines and the judge sentenced outside the guidelines. But not in this particular case.
I don't think the deal was struck between defense and prosecution, since prosecutor argued for 20 year sentence.

I do not know if there are any mandatory guidelines for this case. Seems there would be something with 4 dead and 1 forever terribly handicapped doesn't there?

When I wrote "deal" I did not mean plea, guess I should have phrased that appropriately. The Court Order was handed down and the prosecutor does not intend to appeal it. Again, I have no idea if the prosecutor can in this case. Even if he could, the chances of reversal are remote.

 

[jjenny]

I do not know if there are any mandatory guidelines for this case. Seems there would be something with 4 dead and 1 forever terribly handicapped doesn't there?

When I wrote "deal" I did not mean plea, guess I should have phrased that appropriately. The Court Order was handed down and the prosecutor does not intend to appeal it. Again, I have no idea if the prosecutor can in this case. Even if he could, the chances of reversal are remote.

Because this was in juvenile court, I don't believe there are any mandatory sentencing guidelines.

 

[zoey]

Alcohol was stolen, not provided by parents.

"There was no debate about who was behind the wheel last June, when Couch plowed into and killed four people. Couch has admitted to being the driver, and court records show his blood alcohol level was .24 at the time of the crash, three times the legal limit for an adult. Prosecutors also presented evidence that Couch and some friends stole beer from a Burleson Walmart on June 15, the night of the crash. After consuming the alcohol, Couch and seven others got back into his pickup to go to another store. During the trip, he hit four pedestrians, killing them. Two teens riding in Couch’s pickup were thrown from the truck and severely injured."
http://dfw.cbslocal.com/2013/12/10/teen-sentenced-to-probation-for-deadly-dwi-crash/

Parents did provide alcohol -- he was also drinking everclear prior to walmart

 

[Linda7NJ]

Why can't the prosecutor appeal this lenient sentence? Killing four people, he should be in jail. Jmo

Ciao

I disagree.

Every time a drunk gets behind the wheel another doesn't die.... by sheer "luck"

The penalty for DWI needs to be much stiffer!




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[Joe Friday]

Old article which I didn't see posted above. One of many lawsuits I'm sure will be filed.



Jennings family files suit against Couch

The family of a Burleson youth minister killed by a drunk driver in June filed a civil lawsuit this week against the 16-year-old driver, his parents and his parents’ company.

See more at: http://www.cleburnetimesreview.com/...files-suit-against-Couch#sthash.dbNSS1Pq.dpuf