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

[faw720]

http://thescoopblog.dallasnews.com/...han-couch-speaks-out-we've-been-in-hell.html/

According to this article Sergio's family did not have insurance & I can certainly understand being in that position. 25 years ago I lost my job due to downsizing. After COBRA coverage ran out I had a job that did not offer health insurance. I finally found major medical coverage for $350.00 per month for myself (a 55 year old woman). Every year the premium increased until a couple of years later the premium was $850.00 per month. That's when it was no longer possible for me to keep insurance. Finally I found a job with group coverage & then at 65 medicare kicked in. Getting & keeping insurance coverage can be a huge problem for mere mortals.

 

[jkly]

I was the one referring to families of victims. Go back through the thread. YOU were the one who misunderstood which victims I was referring to.

Go back to post 1026, where you quote me referencing the families of the victims, and you turn it into the victims. I'm not trying to pick a fight, you've misunderstood and forgotten what I said.

edited to add: there is only ONE surviving victim of physical harm in this story (as I understand it) and innumerable victims of emotional harm. The one surviving victim of physical harm was a young man (Sergio) who frankly didn't think Ethan would be such a bad drunk driver. When Sergio climbed into the open bed of Ethan's truck, who he knew to be drunk and would be driving, be wagered Ethan would be better at driving drunk than he was. He took that chance. He guessed Ethan could drive drunk better than he could.

And it hasn't been published what Blood Alcohol Level Sergio had at the time of the car wreck, but my guess is it was way up there. He was one more drunk in the truck that caused the crash that killed 4 completely innocent people.
The other victims were totally and completely blindsided, and were standing by the side of the road trying to fix a broken car and had no way to foretell or mitigate this horror.

I'm not picking a fight with you. I know what you were referring to. I simply pointed out that I was not referring to the family as victims in my previous post, I was referring to the people who were direct victims of the accident itself.

I agree with you that the four victims on the side of the road were totally and completely blindsided, whereas Sergio was not.

However, I still don't find Sergio as being anywhere near as responsible for what happened as Ethan for not choosing to drive Ethan's truck drunk. If Ethan had driven Sergio's truck drunk, then it would be a different issue for me. But Sergio, while he should have stopped him due to both of them being inebriated, had no authority to tell Ethan whether or not he should get behind the wheel of his own vehicle.

 

[JeannaT]

http://thescoopblog.dallasnews.com/...han-couch-speaks-out-we've-been-in-hell.html/

According to this article Sergio's family did not have insurance & I can certainly understand being in that position. 25 years ago I lost my job due to downsizing. After COBRA coverage ran out I had a job that did not offer health insurance. I finally found major medical coverage for $350.00 per month for myself (a 55 year old woman). Every year the premium increased until a couple of years later the premium was $850.00 per month. That's when it was no longer possible for me to keep insurance. Finally I found a job with group coverage & then at 65 medicare kicked in. Getting & keeping insurance coverage can be a huge problem for mere mortals.

Thanks for posting this, faw. I'm headed out for the day but want to read the article tonight when I get back home. I'm interested in whether the new national insurance plans might change over the coming year and include someone in Sergio's position.

 

[TexMex]

http://news.yahoo.com/latest-affluenza-teens-case-moved-adult-system-161036902.html

The 18-year-old could face 120 days in jail, then finish his 10-year probation. A hearing to set his probation terms has not yet been scheduled.

 

[TexMex]

I wonder if his time in Mexican jail counts toward the 120 days or if it starts once he got back to the USA...

 

[KaaBoom]

I wonder if his time in Mexican jail counts toward the 120 days or if it starts once he got back to the USA...

I’m pretty sure it does not.

 

[Blondie in Spokane]

'We've been in hell': Mother of boy left paralyzed by 'affluenza' teen speaks of their struggle and how Ethan Couch's wealthy family refused to help pay his medical bills

Sergio Molina was left brain damaged & paralyzed in Ethan Couch's crash

'Affluenza' teen was not jailed despite killing four people while drunk

Sergio, 18, was thrown out of Couch's truck during the fatal smash in 2013

His mother says she had been through 'hell' and that the wealthy Couch family refused to help pay for her son's medical bills

Couch parents eventually paid a $2million settlement but not before Sergio was kicked out of hospital because he had no insurance

Read more: http://www.dailymail.co.uk/news/art...sed-help-pay-medical-bills.html#ixzz40qASEN3E

 

[faw720]

'We've been in hell': Mother of boy left paralyzed by 'affluenza' teen speaks of their struggle and how Ethan Couch's wealthy family refused to help pay his medical bills

Sergio Molina was left brain damaged & paralyzed in Ethan Couch's crash

'Affluenza' teen was not jailed despite killing four people while drunk

Sergio, 18, was thrown out of Couch's truck during the fatal smash in 2013

His mother says she had been through 'hell' and that the wealthy Couch family refused to help pay for her son's medical bills

Couch parents eventually paid a $2million settlement but not before Sergio was kicked out of hospital because he had no insurance

Read more: http://www.dailymail.co.uk/news/art...sed-help-pay-medical-bills.html#ixzz40qASEN3E

The $2 million settlement doesn't even begin to take care of Sergio's physical needs & doesn't even take into account the suffering of his family. Again, from personal experience, I can tell all that there is nothing that takes a toll on someone like providing 24/7 care for a disabled person. It not only takes a humongous toll both physically but also mentally. I took care of my mother for 10 years because she was suffering from Alzheimers. There were many days when I didn't know if I was going to survive until the next day. Even after she went to a nursing home, I had to watch them like a hawk to ensure that they took care of her properly. I now have friends experiencing the same thing with their parents. Brutal, brutal, brutal is the only way to describe it!! I do not regret the care I provided for my mother but I do wonder if there is something more I could have done. You always question if you have done everything that you possibly could. Thankfully I had moral support from family & friends but the physical & mental pain is just beyond imagining. No one should have to endure this, especially someone & their family who is suffering for the criminal neglect/actions of another person.

 

[K_Z]

Sergio is not the topic of this thread, but I want to point out a few things about medical and respite services for someone in Sergio’s situation.

He is, tragically, and without a doubt, completely and totally disabled for life. He will require custodial care for his entire life, 24/7/365. He was age 15 in 2012 when injured, so even if his mother didn’t have health insurance, as a minor he would have been enrolled in Medicaid or CHIP during his initial hospitalization, and would have continued to be eligible until he aged out (age 18 in TX, I think), and aged into “adult” medicaid services. He would also be eligible for SSI payments (assuming he and his family are legal citizens). He would also be eligible for many services through his public school district, probably including connections to respite care, in many states up until age 21. (One family I know in my state has a son with profound disabilities, and they have 24-48 hours every 4 or 5 weeks of residential respite care, coordinated through county and the public school.)

Once he reached age 18, he would be eligible for different services, including long term care, etc. His mother and family caregivers could even be eligible to apply for family caregiving programs and receive a check for providing his long term care at home. Especially since his mother is no longer working at all, to care for Sergio.

Any family with a profoundly disabled member needs to be connected to social workers and case managers who can help coordinate the myriad issues of the care needed, and assist the family in seeking out, and applying for, sources of funding and care they are eligible for. This is available thru state services and county health departments, free of charge to eligible recipients. I have to wonder how connected this family is, and what they have been offered, beyond the $2M settlement. Managed *properly* (in a trust), the $2M settlement should not prevent Sergio from being eligible for many services now and in the future.

I do believe this family is struggling intensely with providing all of his care at home, and as I said, it’s clear he is completely and permanently disabled for life. But please don’t think that the brief video of their son discussing the medical payment/ insurance situation they’re in is the whole truth of Sergio’s care and insurance situation. Sergio is eligible for a tremendous amount of social services and care, and likely even residential long term care, as a poor/ indigent completely and permanently disabled person. He was likely not “kicked out” of the hospital (as the family said), but discharged when there was nothing more that could be done in an acute care facility for his injuries, and it was time to seek homecare or long term care placement. His family chose to take him home. Beyond that, we really don’t know what services they are eligible for, what they are receiving, and what care and social services they were offered. There are many, many services for someone in Sergio’s situation. They may not have all of the choices that a wealthier family would have, but they are not abandoned. It is a miserably tough road they face, emotionally draining, and utterly heartbreaking, but they are not alone and abandoned in their difficult journey.

 

[JeannaT]

Thanks, K-Z, for your informative post. The question hangs in the air, and I don't know what the answer is, so I'll just ask the question. Do all these services only apply to citizens or people in the country legally? It does seem, from your post that there is a lot of help to be had, and I'm just wondering the possible reasons why they aren't accessing it.

And secondly, reading that sad article that faw posted upthread, it seems like there is a lot more technology that is available that would help Sergio communicate through eye movements. Stephen Hawking can write books with just his eye movements - it would be so heartening if whoever has that technology could donate it to Sergio's family.

Sad case.

 

[JeannaT]

The $2 million settlement doesn't even begin to take care of Sergio's physical needs & doesn't even take into account the suffering of his family. Again, from personal experience, I can tell all that there is nothing that takes a toll on someone like providing 24/7 care for a disabled person. It not only takes a humongous toll both physically but also mentally. I took care of my mother for 10 years because she was suffering from Alzheimers. There were many days when I didn't know if I was going to survive until the next day. Even after she went to a nursing home, I had to watch them like a hawk to ensure that they took care of her properly. I now have friends experiencing the same thing with their parents. Brutal, brutal, brutal is the only way to describe it!! I do not regret the care I provided for my mother but I do wonder if there is something more I could have done. You always question if you have done everything that you possibly could. Thankfully I had moral support from family & friends but the physical & mental pain is just beyond imagining. No one should have to endure this, especially someone & their family who is suffering for the criminal neglect/actions of another person.

Bless you for doing that for your mom. I agree, doing care for someone who is profoundly disabled is exhausting, and leaves the caregiver completely unable to do other tasks besides care for their charge. I did only a little of that for my dad, and it's surprising how much of your emotional energy is absorbed in taking care of someone you love, to the point that it's hard to focus any energy elsewhere.

They do need help, and hopefully this public plea will result in some services for this family.

 

[JeannaT]

Sergio and his family may not be the subject of this thread but they ARE victims. Calling them liars is not very victim-friendly.

Ethan Couch is a murderer and making excuses by saying his victims have awesome care at their fingertips is offensive and disingenuous.

IMO.

What did I miss? Where did K-Z call them liars? I really think you've misunderstood something here.

 

[JeannaT]

I’m pretty sure it does not.

Yes, I think it's been made clear in earlier articles that time served in the Mexican prison won't count as time served for Ethan.

 

[faw720]

Sergio is not the topic of this thread, but I want to point out a few things about medical and respite services for someone in Sergio’s situation.

He is, tragically, and without a doubt, completely and totally disabled for life. He will require custodial care for his entire life, 24/7/365. He was age 15 in 2012 when injured, so even if his mother didn’t have health insurance, as a minor he would have been enrolled in Medicaid or CHIP during his initial hospitalization, and would have continued to be eligible until he aged out (age 18 in TX, I think), and aged into “adult” medicaid services. He would also be eligible for SSI payments (assuming he and his family are legal citizens). He would also be eligible for many services through his public school district, probably including connections to respite care, in many states up until age 21. (One family I know in my state has a son with profound disabilities, and they have 24-48 hours every 4 or 5 weeks of residential respite care, coordinated through county and the public school.)

Once he reached age 18, he would be eligible for different services, including long term care, etc. His mother and family caregivers could even be eligible to apply for family caregiving programs and receive a check for providing his long term care at home. Especially since his mother is no longer working at all, to care for Sergio.

Any family with a profoundly disabled member needs to be connected to social workers and case managers who can help coordinate the myriad issues of the care needed, and assist the family in seeking out, and applying for, sources of funding and care they are eligible for. This is available thru state services and county health departments, free of charge to eligible recipients. I have to wonder how connected this family is, and what they have been offered, beyond the $2M settlement. Managed *properly* (in a trust), the $2M settlement should not prevent Sergio from being eligible for many services now and in the future.

I do believe this family is struggling intensely with providing all of his care at home, and as I said, it’s clear he is completely and permanently disabled for life. But please don’t think that the brief video of their son discussing the medical payment/ insurance situation they’re in is the whole truth of Sergio’s care and insurance situation. Sergio is eligible for a tremendous amount of social services and care, and likely even residential long term care, as a poor/ indigent completely and permanently disabled person. He was likely not “kicked out” of the hospital (as the family said), but discharged when there was nothing more that could be done in an acute care facility for his injuries, and it was time to seek homecare or long term care placement. His family chose to take him home. Beyond that, we really don’t know what services they are eligible for, what they are receiving, and what care and social services they were offered. There are many, many services for someone in Sergio’s situation. They may not have all of the choices that a wealthier family would have, but they are not abandoned. It is a miserably tough road they face, emotionally draining, and utterly heartbreaking, but they are not alone and abandoned in their difficult journey.

Not all states have the same level of social services available. For instance our former Texas governor, Rick Perry, turned down millions of $$$$$$$$ in federal funding for Medicaid services. We are far from the most compassionate state in the nation. The attitude here is more like 'swim or sink'. We don't need to turn this into a political debate or we'll get tossed. All I'm trying to do is state a simple fact about the differences in levels of social services being available depend upon what state you live in.

 

[Spellbound]

Not all states have the same level of social services available. For instance our former Texas governor, Rick Perry, turned down millions of $$$$$$$$ in federal funding for Medicaid services. We are far from the most compassionate state in the nation. The attitude here is more like 'swim or sink'. We don't need to turn this into a political debate or we'll get tossed. All I'm trying to do is state a simple fact about the differences in levels of social services being available depend upon what state you live in.

Not only state-by-state, but there are huge differences within the counties of those states in what is offered. And how well-run those counties are.

 

[faw720]

Not only state-by-state, but there are huge differences within the counties of those states in what is offered. And how well-run those counties are.

Thank you for mentioning that fact. I had forgotten about that.

 

[Hatfield]

This case is terribly sad for ALL the victims of the accident.

Just reading up on some of the latest news about this case and I have a couple questions if anyone wants to try to answer. Some of these may have already been answered somewhere so sorry if this has already been discussed.

1-Shouldnt there be separate charges filed of attempting to flee the country to avoid prosecution against both him and his Mom?

I would have thought part of his original sentence involved him staying in the country at least if not the state even. So I am thinking some sort of new charges should be filed against him for leaving the country or at a minimum to revoke his original probation or parole.

For the Mom I would think harboring a fugitive or helping to evade prosecution or some sort of similar charge would be a new and separate charge from the original case?

2-How is it that the judge was able to get any part of this case into adult court?

If the original trial was juvenile court then I am not sure how any part of this is able to go to adult court except for maybe new charges related to evasion.

It seems very complicated the way things are being decided in this case.
It seems to me that once he elected to run to Mexico then LE could have revoked his original probation and give him whatever penalty was setup if he disobeyed probation.
And to top it off with new charges for whatever crimes are valid for him running to another country to avoid prosecution. Maybe that part could be an adult charge.

 

[JeannaT]

This case is terribly sad for ALL the victims of the accident.

Just reading up on some of the latest news about this case and I have a couple questions if anyone wants to try to answer. Some of these may have already been answered somewhere so sorry if this has already been discussed.

1-Shouldnt there be separate charges filed of attempting to flee the country to avoid prosecution against both him and his Mom?

I would have thought part of his original sentence involved him staying in the country at least if not the state even. So I am thinking some sort of new charges should be filed against him for leaving the country or at a minimum to revoke his original probation or parole.

For the Mom I would think harboring a fugitive or helping to evade prosecution or some sort of similar charge would be a new and separate charge from the original case?

2-How is it that the judge was able to get any part of this case into adult court?

If the original trial was juvenile court then I am not sure how any part of this is able to go to adult court except for maybe new charges related to evasion.

It seems very complicated the way things are being decided in this case.
It seems to me that once he elected to run to Mexico then LE could have revoked his original probation and give him whatever penalty was setup if he disobeyed probation.
And to top it off with new charges for whatever crimes are valid for him running to another country to avoid prosecution. Maybe that part could be an adult charge.

Let me try to understand these questions - this is just as I understand it, and take that for what it's worth.

Ethan isn't being charged with any crimes - he's being charged with violation of probation, for which the penalty is 120 days in jail. Leaving the country isn't a crime for him, it's a violation of his probation terms.

His mother is being charged with a crime, something like "interfering with the apprehension and prosecution of a criminal". So her involvement is criminal, his is procedural.

This case has been transferred to adult court for continuing the probationary period. I think this is typical, with such a long period of probation to transfer that to the adult court system once the offender becomes an adult.

 

[Hatfield]

Let me try to understand these questions - this is just as I understand it, and take that for what it's worth.

Ethan isn't being charged with any crimes - he's being charged with violation of probation, for which the penalty is 120 days in jail. Leaving the country isn't a crime for him, it's a violation of his probation terms.

His mother is being charged with a crime, something like "interfering with the apprehension and prosecution of a criminal". So her involvement is criminal, his is procedural.

This case has been transferred to adult court for continuing the probationary period. I think this is typical, with such a long period of probation to transfer that to the adult court system once the offender becomes an adult.

Thanks for trying to answer these. This helps a lot.

 

[Blondie in Spokane]

Judge Jean Boyd says she has no regrets and stands by her decision

http://www.dailymail.co.uk/news/art...UR-people-drunk-driving-crash-says-facts.html