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

[Everyday Grace]

I'm not sure she wants to improve her IQ. I'm just surprised that posters on this forum who are watching this story don't agree she probably has a lower functioning IQ than average.

Her IQ was sufficiently functional in 1994 for her to gain a license as an LVN.

http://www.bon.texas.gov/licensure_verification.asp

Tonya Couch had her nursing license revoked in 2012 for failing to disclose a reckless driving charge in 2003, according to the Texas Board of Nursing.

http://dfw.cbslocal.com/2016/01/08/new-details-released-on-tonya-ethan-couch-disappearance/

Anyways, more likely that this MHMR referral is about Mental Health rather than Mental Retardation, IMO.

 

[JeannaT]

And I am suggesting that if she does, it's because of the pills she is reportedly addicted to.

"Hydrocodone can impair thinking and the physical abilities required for driving or operating machinery."

http://www.rxlist.com/vicodin-side-effects-drug-center.htm

Right, I agree. But she had two kids before she was 18 by two different guys who weren't with her. She has never made good life decisions.

 

[pappa rob]

I actually think what her lawyer said is funny. I mean, really? All this behavior like she's Public Enemy Number 1 and will require real muscle to apprehend her is kind of silly. And embarrassing. We don't need the chief LEO out there for a photo op.

And honestly, is there any of us who thinks she has normal intelligence? She's certainly capable of withstanding trial, but I'd bet her iq is somewhere between 80 and 90. She certainly doesn't have good life skills, and doesn't make decisions well. Before deciding on her IQ level they'll obviously have to take into account her school records, and not a test done now where she would benefit from appearing impaired. But if she has an average intelligence (which for upper middle class is 110, due to greater opportunity for learning) I'll be very, very surprised.

BBM
I'd say that your estimate might be a little high there..

 

[Everyday Grace]

http://www.scribd.com/doc/294943483/Tonya-Couch-Arrest-Affidavit

Link to the arrest warrant and affidavit.

 

[ohreally]

How does this work in Texas? They are still legally married. Is she legally entitled to fifty percent of all marital assets? Can he freeze her out of the accounts until the divorce is settled?
I hope I'm wrong, but I don't think he can freeze her out of what is legally hers. I don't think she will have any problem paying her bail or high powered attorneys. It will all just be deducted from her share of the marital assets.

 

[JeannaT]

How does this work in Texas? They are still legally married. Is she legally entitled to fifty percent of all marital assets? Can he freeze her out of the accounts until the divorce is settled?
I hope I'm wrong, but I don't think he can freeze her out of what is legally hers. I don't think she will have any problem paying her bail or high powered attorneys. It will all just be deducted from her share of the marital assets.

Yes, she is legally entitled to half the assets, in theory. My guess is that he's done some work to get some of his finances, especially related to his business, in a position where they can't be touched.

I don't think he has nearly as much money as the media is portraying him to have. But yes, during divorce proceedings many assets can be frozen, and that's why in Texas there is often a huge disparity in quality of legal help each spouse can get - because one has much more access to the money during the divorce.

 

[faw720]

I'm not sure she wants to improve her IQ. I'm just surprised that posters on this forum who are watching this story don't agree she probably has a lower functioning IQ than average.

Psychopaths or sociopaths don't necessarily have lower IQs. For sure, she apparently thinks that she & her brat are the only people in the world to matter.

 

[ohreally]

Yes, she is legally entitled to half the assets, in theory. My guess is that he's done some work to get some of his finances, especially related to his business, in a position where they can't be touched.

I don't think he has nearly as much money as the media is portraying him to have. But yes, during divorce proceedings many assets can be frozen, and that's why in Texas there is often a huge disparity in quality of legal help each spouse can get - because one has much more access to the money during the divorce.

I do hope it works out this way. Since he filed for divorce in December I wouldn't think he is willing to pay her way out of this.

 

[Everyday Grace]

How does this work in Texas? They are still legally married. Is she legally entitled to fifty percent of all marital assets? Can he freeze her out of the accounts until the divorce is settled?
I hope I'm wrong, but I don't think he can freeze her out of what is legally hers. I don't think she will have any problem paying her bail or high powered attorneys. It will all just be deducted from her share of the marital assets.

Good point.

Determining which assets are community property will depend partially upon how their assets were divided in the property settlement from their first divorce.

Assets awarded in that settlement become sole property of each party; they would generally be excluded from consideration as community property in the current marriage as they were brought into it as the sole property of each party.

Most likely he possesses his interest in the business as sole property. It was likely awarded to him in the settlement or was his sole property to begin with as he established the business prior to entering the first marriage with her.

As far as his home goes, that will depend upon when he acquired it. If it was before they remarried, it is his sole property unless she contributed anything material to its improvement; if acquired after the remarriage, it is community property.

She may well be entitled to half of any cash assets on hand, but that could be contested by him on grounds that are outside of my experience and knowledge. For example, he could have also filed for a legal separation while she was absent. Hard to say and these issues could get gnarly.

It's been reported that her bond reduction hearing on Monday will include her financial status. We should get a better picture from what is said there.

 

[Irisha]

Well alrighty, then.

Guessing he won't be ponying up bail money and/or serving as surety on a bond and putting his assets at risk should she go rabbit when/if she bonds out.

Without his assets as a surety, she may well have difficulty bonding out if the judge keeps her bail at a high figure.

She also needs a place to stay. I wonder if she has any friends or relatives who like or trusts her. I hope the judge keeps her bond at $1M. She actually deserves to stay in :jail::moo:.

 

[JeannaT]

Psychopaths or sociopaths don't necessarily have lower IQs. For sure, she apparently thinks that she & her brat are the only people in the world to matter.

I certainly understand that - I just sense she has a low-normal IQ.

 

[Everyday Grace]

She also needs a place to stay. I wonder if she has any friends or relatives who like or trusts her. I hope the judge keeps her bond at $1M. She actually deserves to stay in :jail::moo:.

Her mother is around, but I doubt she has sufficient assets to serve as surety on a bond of any significant size.

Just a guess, but I think the judge may lower the bond; nowhere near the amount her attorney is requesting, though.

Anyone willing to serve as surety on her bond would be wise to heed this provision of the bond:

(Emphasis added)

6. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. The amount of such expense shall be in addition to the principal amount specified in the bond. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.17.htm

 

[Everyday Grace]

MHMR referral could possibly be part of a defense strategy to secure her release from jail.

Found the following in the bail bond statute. "Personal bond" is what is commonly known as a release on personal recognizance.

(b) A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the:
(1) defendant is not charged with and has not been previously convicted of a violent offense;
(2) defendant is examined by the local mental health or mental retardation authority or another mental health expert under Article 16.22 of this code;
(3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental illness or is a person with mental retardation and is nonetheless competent to stand trial; and
(B) recommends mental health treatment for the defendant; and
(4) magistrate determines, in consultation with the local mental health or mental retardation authority, that appropriate community-based mental health or mental retardation services for the defendant are available through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety Code, or through another mental health or mental retardation services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or mental retardation treatment as recommended by the local mental health or mental retardation authority if the defendant's:
(1) mental illness or mental retardation is chronic in nature; or
(2) ability to function independently will continue to deteriorate if the defendant is not treated.
(d) In addition to a condition of release imposed under Subsection (c) of this article, the magistrate may require the defendant to comply with other conditions that are reasonably necessary to protect the community.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.17.htm

 

[nrdsb4]

:facepalm: Please explain the logic in sending a poor black kid to prison for 20 years, while letting a rich white kid off scot-free for the exact same offense.

If you think that is logical, then I’m not surprised that you can’t see that she obviously was paid off.

First of all, the offenses were not the "exact same" and that has already been explained.

ETA: After reading that the other kid was white, not black, I had to edit my post. Also, it's been mentioned many times that Texas judges now tend to lean towards rehabilitation with juveniles rather than incarceration. A subsequent post (#216) discusses the change in philosophy that has occurred between the time the first kid was sentenced to 20 years and when Ethan Couch was given probation.

Finally, just because we disagree with someone's logic doesn't prove there WAS no logic, and it certainly is not evidence of a payoff. As a general rule, I don't think it's good policy to make statements of speculation as though they are fact, and it is specifically against WS TOS to do so without documentation.

 

[Everyday Grace]

http://www.scribd.com/doc/294943483/Tonya-Couch-Arrest-Affidavit

Link to the arrest warrant and affidavit.

Interesting from the affidavit:

Tonya Couch was "on a computer" when she was detained by the Mexican authorities on Dec. 28.

Dollars to donuts that computer is a laptop and its data history will be evidence to support the charge against her.

I have a theory about where her passport is.

It is not in her "property" at the jail, nor was it in her "property" in Los Angeles.

It is in "evidence" in Tarrant County.

 

[nrdsb4]

I guess it's time I fess up...........not about me but a friend of mine who is overly fond of liquor. She is a wonderful, caring person but she drinks way too much. In Texas with DUI, it's 3 strikes out & you're off to the big house (state prison, not county). At 40+ years she managed to accumulate 3 DUIs in her lifetime & off she went so I know a little about life in prison from her. I never ask her anything about it but just let her tell me what she wants. It is brutal!! She was beat up her first day there. She made the mistake of reporting it to a guard & she was beat up once again. She says the lights are on 24/7 & the noise from other inmates goes on 24/7. There is one big shower room & inmates shower all at the same time. Same with the toilets..........no privacy whatsoever. They are awoken at 4:30 am to eat breakfast, lunch is at 11 am. Sometimes they have dinner, sometimes not, often not. Her family & friends including me kept her commissary in money so she could buy bread & peanut butter to keep from starving. It is cold in the winter, one flimsy blanket, & hot in the summer, no air conditioning or fans. She says the only way to get along is to try & make yourself invisible, be polite to everyone & make no friends with anyone. She served 3 years in prison, 2 in probation.

Interesting glimpse at life in prison. I wonder how being in the county jail differs from that?

Even more than seeing Ethan go to prison for his offenses, I would take the most satisfaction in TC spending time in the state prison. While I think EC is a lost cause and should be shipped off, the most blame for the whole debacle falls into the laps of TC and FC imo.

 

[faw720]

Interesting from the affidavit:

Tonya Couch was "on a computer" when she was detained by the Mexican authorities on Dec. 28.

Dollars to donuts that computer is a laptop and its data history will be evidence to support the charge against her.

I have a theory about where her passport is.

It is not in her "property" at the jail, nor was it in her "property" in Los Angeles.

It is in "evidence" in Tarrant County.

Good thought.

 

[nrdsb4]

I cringe to think of the times in my late teens and early 20s I drove home with one eye shut so there would only be one yellow line to negotiate.

That I did not hurt or kill myself or other people is a miracle. I never particularly judged EC for making the drunken decision, at 16, to recklessly drive his vehicle. I can think of way too many people besides myself that might have had the same horrific end to a really, really bad choice.

That said, if my terrible judgement had resulted in the loss of four innocent lives and destruction of many more, I can promise you my parents would have brokenheartedly but assuredly made sure I served out whatever sentence I was given.

Thing is, kids (and young adults) think they are invincible. They have 70+ years stretched out before them to rectify any damage done to their bodies, brains or others....or so they think. The frontal cortex of the brain (which accounts for decision making and impulse control) is not fully developed until about the age of 25. This is why children have parents.

My disgust with EC really is misdirected. When a child behaves like a total $hit and is rewarded for that, is defended and coddled whenever he does wrong,and is never held accountable, the fault is laid at the feet of his parents.....

Again, I did some stupid, dumbazz things that by God's grace, never ended badly. But I can promise you, if they had, my parents' disappointment would have been right up there with whatever the judge decided.

Ethan Couch is an entitled, apathetic little . And I don't have much hope that he will ever be anything other. He is what he is, no excuses. But people like him do not occur in a vacuum.

There are no perfect parents and even the best parents have kids who test and try and push limits. The problem is when there are no limits. Then the child never stops pushing or testing....

It is a sincere shame that these two awful parents will probably never suffer the consequences of their failure. And so far, it looks like Ethan will emerge unscathed, too. No consequences, no lessons learned.

Very well said. I agree completely.

 

[faw720]

Her mother is around, but I doubt she has sufficient assets to serve as surety on a bond of any significant size.

Just a guess, but I think the judge may lower the bond; nowhere near the amount her attorney is requesting, though.

Anyone willing to serve as surety on her bond would be wise to heed this provision of the bond:

(Emphasis added)



http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.17.htm

I think she also has 2 adult children from previous relationships. Ever since I heard about them I have wondered what kind of people they are & also, do they even want anything to do with her? It would be interesting to know.

 

[nrdsb4]

And honestly, is there any of us who thinks she has normal intelligence? She's certainly capable of withstanding trial, but I'd bet her iq is somewhere between 80 and 90. She certainly doesn't have good life skills, and doesn't make decisions well. Before deciding on her IQ level they'll obviously have to take into account her school records, and not a test done now where she would benefit from appearing impaired. But if she has an average intelligence (which for upper middle class is 110, due to greater opportunity for learning) I'll be very, very surprised.

I will too. As stated previously, she did not grow up in privileged circumstances. That only happened later.