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

[jjenny]

I'll admit right now that I've not looked at his terms of probation, but normally one is forbidden to go to bars or attend parties where alcohol is served.
Here's a link to a Texas juvenile probation form. http://r.search.yahoo.com/_ylt=A0LE...ntid=778/RK=0/RS=Oe8fprQC7P6E2UsmmM36Yzhi19w-

He was forbidden to attend parties where people were drinking. In fact that's how this whole thing with his probation started. Somebody had him on video at a party.

 

[Everyday Grace]

She is now out on bond. What is the next step for her as far as the court system, a trial, what kind, how far in the future would it be, etc? Would prosecution wait until the son's issue is resolved in Mexico, I dont think so....but? Thanks

Two things that will happen next. Which happens first is not dependent on the other so I'll mention first the one with a definite time restraint.

A magistrate judge issued an order late last week for Tonya Couch to undergo a MHMR review:

A court has ordered experts to assess Tonya Couch for a mental illness. The order includes assessing whether the mother of Ethan Couch is competent to stand trial for the charge of hindering apprehension of her son.

Two different defense attorneys told CBS 11 News that the order is unusual. It means that the court received information, at some point, that Couch may suffer from a mental illness. The court filing, signed by Magistrate Matt King, says that there is “reasonable cause” to believe Couch “has a mental illness or is a person with a mental retardation.”

http://dfw.cbslocal.com/2016/01/11/does-affluenza-mom-tonya-couch-have-mental-illness/

The CBS DFW report says that MHMR of Tarrant County has to provide their report to the judge within 30 days from when the order was issued.

In the event she is ruled unfit to stand trial at that time, the next part of that process generally involves treatment of some kind and a future reassessment of her fitness to stand trial. Treatment can involve medication therapy, in-patient treatment, etc.

The other "next" event is for the DA's office to present her case to a grand jury. A grand jury will either indict her on a charge or not. Most likely they will issue an indictment.

At that time the prosecutors could seek a re-arrest based on insufficient bond.

When the case will be presented to a grand jury is a guess. My guess is sooner rather than later.

After that and assuming she is deemed fit to stand trial, who can say how long before she goes to trial.

She does have highly experienced attorneys. Hard to say if they think delay is their best course or if they prefer a fast track to trial.

Can't say either way about which the prosecutors would prefer for this case.

As the defendant, she has the option of trial by a 12 person jury or a bench trial (trial by a judge only.)

But no, what happens (or does not happen) with Ethan's legal issues should have little, if any, bearing on her case.

 

[LinasK]

I will be surprised if she is ruled unfit to stand trial. She's not psychotic or in any way legally incompetent, from what I understand. And though I don't believe she is very intelligent, I've not read anything to indicate her IQ is so low as be considered in the "mental retardation" category. But we shall see.

All of this will be covered nonstop in our local news, I'm sure.

Exactly! This woman is a high school dropout, an addict,an enabler, and guilty of extremely poor judgement, and a lousy parent, but mentally retarded she is not!!!

 

[TexMex]

They did not need to present a passport to enter Mexico. No US citizen needs to present a passport to enter Mexico.

Since 2010 I have to present my passport to enter Mexico. I live about 135 miles from the Mexican border

 

[MsJosie]

Two things that will happen next. Which happens first is not dependent on the other so I'll mention first the one with a definite time restraint.

A magistrate judge issued an order late last week for Tonya Couch to undergo a MHMR review:


http://dfw.cbslocal.com/2016/01/11/does-affluenza-mom-tonya-couch-have-mental-illness/

The CBS DFW report says that MHMR of Tarrant County has to provide their report to the judge within 30 days from when the order was issued.

In the event she is ruled unfit to stand trial at that time, the next part of that process generally involves treatment of some kind and a future reassessment of her fitness to stand trial. Treatment can involve medication therapy, in-patient treatment, etc.

The other "next" event is for the DA's office to present her case to a grand jury. A grand jury will either indict her on a charge or not. Most likely they will issue an indictment.

At that time the prosecutors could seek a re-arrest based on insufficient bond.

When the case will be presented to a grand jury is a guess. My guess is sooner rather than later.

After that and assuming she is deemed fit to stand trial, who can say how long before she goes to trial.

She does have highly experienced attorneys. Hard to say if they think delay is their best course or if they prefer a fast track to trial.

Can't say either way about which the prosecutors would prefer for this case.

As the defendant, she has the option of trial by a 12 person jury or a bench trial (trial by a judge only.)

But no, what happens (or does not happen) with Ethan's legal issues should have little, if any, bearing on her case.

Thanks EverydayGrace. Trial by 12 or Judge is interesting. I think she would want to get this over with because she thinks she will be free right away. Who knows she may but I am hoping she has to serve sometime, rich or not.

 

[nrdsb4]

Also, one can be mentally ill yet not incompetent or unfit to stand trial. Unless I'm mistaken, "unfit to stand trial" usually means that the person cannot understand the charges against them, is unable to distinguish right from wrong, or doesn't understand the difference between fantasy or reality, etc. She was able to understand the implications of the leaked video of EC, was able to plan and implement an escape, knew that it was a violation of his probation, etc.

I find the order to assess her competency a little odd given all of the above, but maybe they are just trying to address everything at the outset. Beats me.

 

[LinasK]

Since 2010 I have to present my passport to enter Mexico. I live about 135 miles from the Mexican border

This is relatively new policy. Back in the 80's when I lived in San Diego, we used to cross into Tijuana all the time without a passport. Noone asked for anything upon entry into Mexico, and upon returning to the US, they would only verbally ask if you were an American citizen. If you hesitated, or border patrol found anything in/around your car the least bit suspicious, they would pull you over for inspection.

 

[Everyday Grace]

Art. 46B.003. INCOMPETENCY; PRESUMPTIONS.

(a) A person is incompetent to stand trial if the person does not have:

(1) sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding; or

(2) a rational as well as factual understanding of the proceedings against the person.

(b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.46B.htm

As always there is more at the link.

 

[ohreally]

Since EC was a minor at the time his probation started is it possible that he was released into Tonya's care? I realize that he is now over eighteen, but his case is still in juvenile court. If he was released by the court into her care then I think she will be held accountable for going out of the country with him.

 

[TexMex]

This is relatively new policy. Back in the 80's when I lived in San Diego, we used to cross into Tijuana all the time without a passport. Noone asked for anything upon entry into Mexico, and upon returning to the US, they would only verbally ask if you were an American citizen. If you hesitated, or border patrol found anything in/around your car the least bit suspicious, they would pull you over for inspection.

Yes. It was much more casual back then. I'd answer the questions at the border and they'd ask to see my drivers license.

Until recently you could enter by land without a passport but they began requiring passports this summer. It's hurt some of the border towns where Americans previously just walked across the bridge to shop and eat in Mexico

 

[Only4Justice]

I was just pointing out that towing a car is not part of the arrest process in the US, and probably not in Mexico either. For example I once got paid $50 to go and recover the car of someone who had been arrested for DUI. I found his car sitting in a public parking lot, right where he said he had been arrested, with the windshield filled with parking tickets. So I don’t get the part that her car would have been towed in the US.

I'm behind but I know for sure that if you are arrested for DUI in the US on are on public road or property, the cops have your vehicle towed and you foot the bill. FWIW

Sent from my XT1031 using Tapatalk

 

[faw720]

Thanks EverydayGrace. Trial by 12 or Judge is interesting. I think she would want to get this over with because she thinks she will be free right away. Who knows she may but I am hoping she has to serve sometime, rich or not.

IMO, she would stand a better chance with a judge. Judges in any of the Couch's affairs have not shown a lot of common sense. I think a jury of 12 would be much less sympathetic. They've had to live in the real world & judges haven't. Justice isn't just about the absolute letter of the law, a shyster lawyer can make hash out of that pretty easily.

 

[faw720]

Also, one can be mentally ill yet not incompetent or unfit to stand trial. Unless I'm mistaken, "unfit to stand trial" usually means that the person cannot understand the charges against them, is unable to distinguish right from wrong, or doesn't understand the difference between fantasy or reality, etc. She was able to understand the implications of the leaked video of EC, was able to plan and implement an escape, knew that it was a violation of his probation, etc.

I find the order to assess her competency a little odd given all of the above, but maybe they are just trying to address everything at the outset. Beats me.

She is unable to distinguish right from wrong when it involves Ethan. He's special, donchha ya know?

 

[LonghornSpeakEasy]

I'm behind but I know for sure that if you are arrested for DUI in the US on are on public road or property, the cops have your vehicle towed and you foot the bill. FWIW

Sent from my XT1031 using Tapatalk

May vary by jurisdiction. My son's friend called him (my son) to come pick up his car after he was pulled over and arrested for DWI in Austin. I can't recall if he had to be there before the officers left or not but he drove the car to our house, i.e., it was not towed.

 

[ZooSleuth]

May vary by jurisdiction. My son's friend called him (my son) to come pick up his car after he was pulled over and arrested for DWI in Austin. I can't recall if he had to be there before the officers left or not but he drove the car to our house, i.e., it was not towed.

Similar situation happened with a friend of mine. He got a .02 violation (aka a "baby DUI" for being under 21 and driving with BAC over .02 and under .08) and since he was cooperative the officer let him call me to come get his car and move it for him to save it from being towed. My friend and the officer stayed there with the car until I got there. I think the officer allowed this since I was within a couple minutes of where he got pulled over at and since he was cooperative. Otherwise, that car would have been towed.

 

[pappa rob]

This is relatively new policy. Back in the 80's when I lived in San Diego, we used to cross into Tijuana all the time without a passport. Noone asked for anything upon entry into Mexico, and upon returning to the US, they would only verbally ask if you were an American citizen. If you hesitated, or border patrol found anything in/around your car the least bit suspicious, they would pull you over for inspection.

Back in the 70's when I went there was no one to stop or see me coming or going..

 

[Cobra Jet]

I keep thinking I'm going to read here on WS that TC has gone missing already.

 

[faw720]

I keep thinking I'm going to read here on WS that TC has gone missing already.

Don't get over anxious. Hang around for a bit & you'll see it.:bullseye:

 

[Trvl4Lyfe]

For those who may not have seen this or need a refresher on the family dynamics, this is a quite detailed history of the family before this latest incident of fleeing to Mexico. I know it has been posted already, but for a reminder, I am posting the link here.

The Worst Parents Ever:

http://www.dmagazine.com/publicatio...a-the-worst-parents-ever-ethan-couch?single=1

Just read that article...Horrible parents to say the least

 

[MsJosie]

IMO, she would stand a better chance with a judge. Judges in any of the Couch's affairs have not shown a lot of common sense. I think a jury of 12 would be much less sympathetic. They've had to live in the real world & judges haven't. Justice isn't just about the absolute letter of the law, a shyster lawyer can make hash out of that pretty easily.

Thank you, i do agree.