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

[faw720]

It doesn't seem to me that anyone did this on purpose - this just makes the court look inept.

I am curious, though, that the court would be expected to be able to notify the mother, who they knew for a fact was unreachable - they were trying to locate both Ethan and his mother. I'm not sure how they were to serve her with notice if they were fully aware she was missing and they had no good address for her.

But my second questions is this. Although this is a case that was adjudicated in juvenile court, the subject of this hearing is now an adult. I'm surprised the court is required to notify the parents of an adult of a pending hearing. Additionally, it does seem they were able to notify the father, as he isn't mentioned as someone who wasn't notified.

It is strange to me that TC's attorney knew enough to be at the hearing but Tonya did not. If they were trying to do the right thing, TC would have been in court yesterday.

As I understand it, even though EC is now an adult, because he was sentenced by juvenile court all juvenile court rules must be followed until such time as the juvie judge rules to send the case to adult court.

 

[pappa rob]

http://www.cnn.com/2016/01/19/us/texas-affluenza-ethan-couch/
Lawyer: 'Affluenza' teen Ethan Couch may have been forced to go to Mexico. When asked by CNN whether Couch, the so-called "affluenza" teenager, was taken against his will to Mexico, Brown replied, "I don't think that's what I said. As far as Ethan being taken against his will, we are examining the facts, investigating the facts.
I can hear it already, my mommy made me do it....

 

[faw720]

If EC was taken to Mexico against his will, couldn't they charge 'Mommy Dearest' with kidnapping????????

I am really afraid that the attorneys are going to stall until EC ages out & then he can come back as a free man. I just wonder how many more people he is going to have to kill before they send him to jail?

 

[pappa rob]

If EC was taken to Mexico against his will, couldn't they charge 'Mommy Dearest' with kidnapping????????

I am really afraid that the attorneys are going to stall until EC ages out & then he can come back as a free man. I just wonder how many more people he is going to have to kill before they send him to jail?

Maybe if she'd used a coat hanger on him there would be a few more living people. I do love the 'Mommy Dearest' part...

 

[kimi_SFC]

I wonder why he drops the fight to deport now ... :thinking:

The last I read he was facing a max here of 120 days. Another caress on the wrist for ec. He probably had a pow-wow with his lawyers and they came up with a plan that suited him. That's worked so far (to his standards - whatever those are).

That said they are purely unacceptable to the victims and to me!!!

:stormingmad:


Sent from my iPhone using Tapatalk

 

[Irisha]

http://www.nbcdfw.com/news/local/Et...ed-as-Adult-at-Tuesday-Hearing-365714631.html

According to nbcdfw video it was the Juvenile Court who failed to notify Ethan's parents of today's hearing. It was probably someone who was a friend of Judge Boyd, IMO.

They didn't notify me and I knew about the hearing.

 

[KaaBoom]

In court Tuesday morning, Couch’s attorney Scott Brown argued the hearing to transfer the case to adult court shouldn’t be allowed to proceed because there was no proof that Couch “voluntarily absented himself” from being at the hearing.

When asked by CNN whether Couch, the so-called “affluenza” teenager, was taken against his will to Mexico, Brown replied, “I don’t think that’s what I said. As far as Ethan being taken against his will, we are examining the facts, investigating the facts.

“This is an evolving process, and whether he was involuntarily or involuntarily taken to Mexico is something that’s being investigated.”

Hearing delayed to move case to adult court

Brown, Patten and prosecutors appeared Tuesday in a Fort Worth court for what was to be a hearing about transferring Ethan Couch’s case from juvenile to an adult court.

That hearing didn’t happen — at least in part because his parents weren’t officially notified about the legal proceeding. It was rescheduled for February 19, according to the Tarrant County criminal district attorney’s office.

Lawyer: ‘Affluenza’ teen Ethan Couch may have been forced to go to Mexico

 

[MsJosie]

Ring a round the rosy...the real sad and very dangerous part of this story, is IF the Couch's get off free and clear from this episode, I am very sure there will be another episode and innocent people again will be hurt or killed and the Couch's will try and get out of it again. JMO (nice long run on sentence, written in one breath )

 

[LillyP]

If EC was taken to Mexico against his will, couldn't they charge 'Mommy Dearest' with kidnapping????????

I am really afraid that the attorneys are going to stall until EC ages out & then he can come back as a free man. I just wonder how many more people he is going to have to kill before they send him to jail?

Right!? This case is just so bizarre.

I am still totally confused about his original probation. he was given a 10 year probation as punishment. But how does that work because now that he is about to turn 19, suddenly he can not be kept in jail past that. So was the 10 year probation bogus or what gives??? What kind of punishment can he get after he turns 19 if he violates his probation?

 

[LillyP]

Ring a round the rosy...the real sad and very dangerous part of this story, is IF the Couch's get off free and clear from this episode, I am very sure there will be another episode and innocent people again will be hurt or killed and the Couch's will try and get out of it again. JMO (nice long run on sentence, written in one breath )

Exactly. If they luck out and get off again I am terrified about who will be their next victim(s). How many more people will be killed at their stupidity?

 

[faw720]

Right!? This case is just so bizarre.

I am still totally confused about his original probation. he was given a 10 year probation as punishment. But how does that work because now that he is about to turn 19, suddenly he can not be kept in jail past that. So was the 10 year probation bogus or what gives??? What kind of punishment can he get after he turns 19 if he violates his probation?

I believe that if he is declared an adult he will serve 120 days in state prison for running to Mexico. After that time he will be on adult probation & if he breaks it (which we know he will) he can receive stacked sentences for the 4 people he killed.

 

[LillyP]

I believe that if he is declared an adult he will serve 120 days in state prison for running to Mexico. After that time he will be on adult probation & if he breaks it (which we know he will) he can receive stacked sentences for the 4 people he killed.

Yes - this is where my confusion is. Let's say that he is not put on declared an adult or put on adult probation.

Let's say nothing else happens to him/no further punishment for what he has done - fleeing the country etc etc.
Then what?

He was originally given 10 years probation for the killing of 4 people when he was 16. So if it is just left at that what is going to happen to him over the next 6+ years that he has left on that probation if he violates it after he turns 19?? Seeing as they can not even keep him in jail past 19 now.
In 4 months after he turns 19 what happens if he repeats himself and skips probation meetings and flees the country again. Then what? Nothing?
The 10 year probation means what in that case?

 

[LillyP]

I don't know if I explained that very clearly so I am going to try again because I truly want to know the answer.

I realize that at this point in time - the absolute worst case scenario for dearest Ethan is to get 120 days in jail (maximum he can get and then once he turns 19 they must release him) and also be transferred over to adult probation. If he violates his adult probation he is in hot water finally and he won't get out of it and he will absolutely go to jail for a long time.

Best case scenario right now for him is that his attorneys find some sort of a loophole and manage to get him off the 120 days in jail. The attorneys also manage to have him avoid being put on adult probation.


Let's go with the best case scenario as an example. What is going to happen to him after he turns 19?
I know everyone hopes that he is put on adult probation so when (not if) he violates it he can be locked up for a long time. But what happens if he does not get put on adult probation? How is he punished going forward on his original 10 year probation? They are not allowed to keep him in jail past the age of 19 on that original probation so it seems really pointless if nothing can actually happen to him after he turns 19???

 

[faw720]

I don't know if I explained that very clearly so I am going to try again because I truly want to know the answer.

I realize that at this point in time - the absolute worst case scenario for dearest Ethan is to get 120 days in jail (maximum he can get and then once he turns 19 they must release him) and also be transferred over to adult probation. If he violates his adult probation he is in hot water finally and he won't get out of it and he will absolutely go to jail for a long time.

Best case scenario right now for him is that his attorneys find some sort of a loophole and manage to get him off the 120 days in jail. The attorneys also manage to have him avoid being put on adult probation.


Let's go with the best case scenario as an example. What is going to happen to him after he turns 19?
I know everyone hopes that he is put on adult probation so when (not if) he violates it he can be locked up for a long time. But what happens if he does not get put on adult probation? How is he punished going forward on his original 10 year probation? They are not allowed to keep him in jail past the age of 19 on that original probation so it seems really pointless if nothing can actually happen to him after he turns 19???

I'm not absolutely certain but I think that if he is not declared as an adult & doesn't have to spend his 120 days in jail, once he turns 19 his juvenile case is closed & sealed & he goes on his merry way to kill more people. I think the original 10 year probation no longer means anything.

Do we have any Texas attorneys here?????????

 

[faw720]

I don't know if I explained that very clearly so I am going to try again because I truly want to know the answer.

I realize that at this point in time - the absolute worst case scenario for dearest Ethan is to get 120 days in jail (maximum he can get and then once he turns 19 they must release him) and also be transferred over to adult probation. If he violates his adult probation he is in hot water finally and he won't get out of it and he will absolutely go to jail for a long time.

Best case scenario right now for him is that his attorneys find some sort of a loophole and manage to get him off the 120 days in jail. The attorneys also manage to have him avoid being put on adult probation.


Let's go with the best case scenario as an example. What is going to happen to him after he turns 19?
I know everyone hopes that he is put on adult probation so when (not if) he violates it he can be locked up for a long time. But what happens if he does not get put on adult probation? How is he punished going forward on his original 10 year probation? They are not allowed to keep him in jail past the age of 19 on that original probation so it seems really pointless if nothing can actually happen to him after he turns 19???

LillyP, here is the answer to your question. It is about midway down in this article. There is also an answer to my question about charging TC with kidnapping.

http://www.msn.com/en-us/news/crime...elp-affluenza-teen/or-BBorfg4?ocid=spartandhp

 

[LillyP]

LillyP, here is the answer to your question. It is about midway down in this article. There is also an answer to my question about charging TC with kidnapping.

http://www.msn.com/en-us/news/crime...elp-affluenza-teen/or-BBorfg4?ocid=spartandhp

Thank you kindly faw720! You are very helpful thank you. But when I click on the link it says Whoops! This page does not exist or can not be found.

 

[faw720]

Thank you kindly faw720! You are very helpful thank you. But when I click on the link it says Whoops! This page does not exist or can not be found.

Well, it's squirley, but if you wait just a moment after the 'woops' the linked page will appear. Basically it states that if Ethan reaches age 19 without being sent to adult court his record will be expunged & he will be as free as you or me. It also says that 'Mommy Dearest' could be charged with kidnapping if they can prove that he went to Mexico against his will. This is the opinion of 'legal experts'. Personally I think lawyers on both sides of the border will stall & then he'll be free as a bird. His attorneys can then say "It's all Mexico's fault, they moved too slowly".

 

[LillyP]

Thanks for the summary. So the "10 year probation" was basically bogus is what it seems. Nothing can happen to him in regards to the "10 year probation" after he turns 19 it sounds like smh

 

[JeannaT]

Well, it's squirley, but if you wait just a moment after the 'woops' the linked page will appear. Basically it states that if Ethan reaches age 19 without being sent to adult court his record will be expunged & he will be as free as you or me. It also says that 'Mommy Dearest' could be charged with kidnapping if they can prove that he went to Mexico against his will. This is the opinion of 'legal experts'. Personally I think lawyers on both sides of the border will stall & then he'll be free as a bird. His attorneys can then say "It's all Mexico's fault, they moved too slowly".

I can't imagine how you could prove that he went to Mexico against his will. He's not a minor, there's evidence that they planned a "going away" planning party, etc.

His hearing is scheduled for Feb. 19, when he'll likely be back in Texas and able to attend, as is his legal right I believe. And by that time surely the court will get their ducks in a row and notify those who are required to be notified.

I think any judge who might be willing to give him a little leniency would change their mind if he tries to state that he was kidnapped to Mexico against his will by his mother.

 

[faw720]

Thanks for the summary. So the "10 year probation" was basically bogus is what it seems. Nothing can happen to him in regards to the "10 year probation" after he turns 19 it sounds like smh

That is the impression I get, but I do not know that for a fact. IMO, it was a token given to the victim's families. Just more legal mumbo jumbo.:furious:
Actually I don't think we have a justice system. We only have lawyers & judges maneuvering around the law.