GUILTY TX - Ethan Couch 'Affluenza Teen' DUI driver who killed four gets probation, 2013 #2

[JanetElaine]

Won't matter. He'll still be facing a juvenile court judge regarding transferring his case to criminal district court.

(Emphasis added)



http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.51.htm

Yes, but from what I've understood, they can't hold this fleeing episode against him if he gets transferred to adult court. What I understood was if he gets transferred to adult, the rest of the probation period sticks with Ethan but there will be no further consequences. So he'd be off scot-free (minus still being on probation).

Now that I'm typing that out it sounds weird... someone please correct me if I've got it wrong.

 

[Everyday Grace]

Seriously, though, I still am not seeing the upside to staying in Mexico for Sofalito......

I don't see it either.

That may account for why Benetiz has included the following caveats in his most recent comments to the media:

First of all, he has to talk to his client. On Tuesday, Mr Benitez will meet with Ethan Couch and explain what the implications are and ask whether he is willing to spend several months in Mexico to fight his corner.

http://www.bbc.com/news/world-us-canada-35216590

A Mexican attorney for "affluenza" teen Ethan Couch says he estimates that the 18-year-old's deportation to the United States will last "a couple of months," unless Couch decides not to fight it.

Attorney Fernando Benitez, who says he will meet Couch Tuesday morning, told ABC News that he hopes he can get Couch a hearing by early February, but added that the deportation process could take much longer.

Benitez told ABC News that the deportation was a government attempt to run an end-around the extradition laws -- which can take more than a year. However, if Couch decides he doesn't want to do it, Benitez said he would drop the case and the deportation would proceed immediately.

http://abcnews.go.com/US/affluenza-teen-ethan-couch-mexico-months-back-texas/story?id=36057836

 

[RickshawFan]

Does anyone know if he speaks any Spanish? Just because he lives in TX does not mean he does speak Spanish. A lot harder for him to be in jail...oh the guards may soeak English, but will they.

I'm sure he's never felt compelled to learn anything, especially if it involves "walking in someone else's shoes", which is a big part of interacting in a non-native language.

 

[RickshawFan]

Why 'Affluenza' Teen Ethan Couch Could Be in Mexico for Months or Back in Texas Within Days
By MATT GUTMAN and EMILY SHAPIRO
Jan 2, 2016

A Mexican attorney for "affluenza" teen Ethan Couch says he estimates that the 18-year-old's deportation to the United States will last "a couple of months," unless Couch decides not to fight it.

Attorney Fernando Benitez, who says he will meet Couch Tuesday morning, told ABC News that he hopes he can get Couch a hearing by early February, but added that the deportation process could take much longer.

[...]

Couch and his mother, Tonya Couch, 48, were arrested in Puerto Vallarta, Mexico, Monday after U.S. Marshals and other American law enforcement agencies had been searching for them for nearly two weeks

The attorney is being cocky and presumptuous. I certainly wouldn't believe what he feeds the media.

 

[Everyday Grace]

Yes, but from what I've understood, they can't hold this fleeing episode against him if he gets transferred to adult court. What I understood was if he gets transferred to adult, the rest of the probation period sticks with Ethan but there will be no further consequences. So he'd be off scot-free (minus still being on probation).

Now that I'm typing that out it sounds weird... someone please correct me if I've got it wrong.

I think your understanding is mostly correct.

There is a provision within Community Supervision (probation) where the court can order as a special condition of supervision for the probationer to spend up to 120 days in an Intermediate Sanctioning Facility (ISF).

This can be done without a revocation.

I'm not familiar with the nuts and bolts of getting the court to impose ISF, but I have known someone on felony probation who was sent to ISF.

ISF is under the Texas Department of Criminal Justice. It is not prison, per se, but folks in ISF are locked up and their time there is relatively regimented.

Considering the DA's comments about "120 days," I am assuming that Tarrant County intends to ask the court for ISF as a special condition of his probation.

 

[nrdsb4]

It's my understanding that

1)it's true that even if they move his probation into the adult realm, he still cannot face severe consequences for this violation

and

2)if he is held to standards of adult probation (after his case is transferred), future violations will result in severe penalties.

I believe that regardless of how this particular incident turns out for him, he will undoubtedly re-offend while on adult probation, and then they will be able to throw the book at him.

This guy will not be a straight arrow. It's just a matter of time, and no posturing by lawyers or parents will get him out of adult consequences once he does screw up.

 

[pappa rob]

One can only hope that any time spent there isn't going to be counted against the time he needs to serve here..

 

[faw720]

Seriously, though, I still am not seeing the upside to staying in Mexico for Sofalito......

If he chooses to stay in Mexico, we can rest assured that he is receiving top of the line treatment there.

 

[KaaBoom]

What about the gun charge in Mexico? I don't know if Ethan had it legally or illegally or if he brought it from Texas... I just remember reading where it could pose an issue in Mexico. (I believe I read that he admitted the gun was his).

No gun was recovered. No gun = no gun charge.

 

[KaaBoom]

As far as Ethan wanting to stay south of the border... well, let him -- for a while. See how long his family wants to spend their money on his 'well being/living'. When the funds run out, put him in with the regular population and maybe make him stay a bit longer.

Don’t hold your breath waiting for them to run out of money. Ethan will die of old age before they run out of money.

 

[Everyday Grace]

The mother and sister of Couch victim Brian Jennings:

Jennings' family was upset by the outcome of the trial, but his mother, Janet Henson, said they came to terms with it initially.

"Brian would have wanted this — for Ethan to have a second chance," Henson said. "And he did have it."

Henson and McCarty said they hope to finally see Couch punished and out of the news.

"I just feel like it's time for Ethan to face the punishment," Henson said. "That he should be charged for what he's doing now."

"It's definitely set my healing back," McCarty said. "It's hard to move forward with the healing process when you hear about something like this. It just brings everything to the surface."

Jennings' family said the hardest part is still not having Jennings in their lives.

http://www.nbcdfw.com/news/local/Af...364100541.html?_osource=SocialFlowFB_DFWBrand

 

[faw720]

http://www.nbcdfw.com/news/local/Tonya-Couch-Experts-Reveal-What-Lies-Ahead---364085591.html

Here's an expert's opinion on what lies ahead for Tonya Couch.

 

[dizzychick]

What about the gun charge in Mexico? I don't know if Ethan had it legally or illegally or if he brought it from Texas... I just remember reading where it could pose an issue in Mexico. (I believe I read that he admitted the gun was his).

I was wondering what happened about the gun too, so I have been told having a gun in Mexico is a big big deal even a lone bullet can get you in hot water. It must have been a mistake or something weird is happening behind the scenes that we are not privy to. I cannot imagine anyone opting to serve out your jail time in a mexican prison vs. a US one, the whole thing is bizzare.

I would like to mention if anyone is angry at the judge for giving him such a light sentence of 10 years probated, realize they knew from the get go that this kid could not behave for 10 minutes much less 10 years, so I think they were expecting him to screw up much sooner and thus be sent to the big boy jail for the remaining years he has left.

 

[SCHMAE]

Marking my spot.

 

[jjenny]

I was wondering what happened about the gun too, so I have been told having a gun in Mexico is a big big deal even a lone bullet can get you in hot water. It must have been a mistake or something weird is happening behind the scenes that we are not privy to. I cannot imagine anyone opting to serve out your jail time in a mexican prison vs. a US one, the whole thing is bizzare.

I would like to mention if anyone is angry at the judge for giving him such a light sentence of 10 years probated, realize they knew from the get go that this kid could not behave for 10 minutes much less 10 years, so I think they were expecting him to screw up much sooner and thus be sent to the big boy jail for the remaining years he has left.

Who knew from get go he can't behave? Judge? She shouldn't have sentenced him to probation then. Prosecution was asking for a serious prison sentence. And he can't be send to the big boy jail for remaining years. Because he was sentenced in juvenile court, he can only be held until he is 19, which is 120 days. But he isn't in TX so he can't be held at all.

 

[dizzychick]

Who knew from get go he can't behave? Judge? She shouldn't have sentenced him to probation then. Prosecution was asking for a serious prison sentence. And he can't be send to the big boy jail for remaining years. Because he was sentenced in juvenile court, he can only be held until he is 19, which is 120 days. But he isn't in TX so he can't be held at all.

The juvy court system has plenty of experience with sentencing these kids, they know most of them will mess up and be in juvy jail before the water gets hot, that is usually how it works. The way they wrote the laws in Texas for underage children was suppose to be in their best interest, its far different in adult court. After he turns 19 the prosecutor will ask the judge to switch his probation to adult probation, the judge has the option to do either. If he gets sent to the adult probation and he violates it then this is when his payback will start. He could face up to 40 years in jail. The courts could sentence him 10 years jail time for each victim and then stack them consecutively not concurrently so that he serves 40 years. I dont know if the judge will do this but they have this option. It would have been much better for Ethan if they had given him 2 years jail time with no probation but I am guessing it was not offered, this probated deal is usually what they do and its not as good as it looks considering he would have to live for the next 10 years like a saint in order to stay out of the pokey. People dont realize this and think he got off light, I am saying it is a 10 to 40 year sentence in disguise...

 

[jjenny]

The juvy court system has plenty of experience with sentencing these kids, they know most of them will mess up and be in juvy jail before the water gets hot, that is usually how it works. The way they wrote the laws in Texas for underage children was suppose to be in their best interest, its far different in adult court. After he turns 19 the prosecutor will ask the judge to switch his probation to adult probation, the judge has the option to do either. If he gets sent to the adult probation and he violates it then this is when his payback will start. He could face up to 40 years in jail. The courts could sentence him 10 years jail time for each victim and then stack them consecutively not concurrently so that he serves 40 years. I dont know if the judge will do this but they have this option. It would have been much better for Ethan if they had given him 2 years jail time with no probation but I am guessing it was not offered, this probated deal is usually what they do and its not as good as it looks considering he would have to live for the next 10 years like a saint in order to stay out of the pokey. People dont realize this and think he got off light, I am saying it is a 10 to 40 year sentence in disguise...

It shouldn't have been anything in disguise. That same judge had no problems when she sentenced a poor 16 year old to 20 years in actual prison (not probation) for a similar offense (but only one person killed, instead of four).

 

[dizzychick]

It shouldn't have been anything in disguise. That same judge had no problems when she sentenced a poor 16 year old to 20 years in actual prison (not probation) for a similar offense (but only one person killed, instead of four).

did he have priors ? I think they fail to mention that on the TV show you saw.

 

[jjenny]

did he have priors ? I think they fail to mention that on the TV show you saw.

Considering I haven't mentioned a TV show, I am curious as to which TV show did I see?

 

[dizzychick]

Considering I haven't mentioned a TV show, I am curious as to which TV show did I see?

I believe it was all over every news channel so i apologize if you did not and please advise as to where you did obtain such info