Kid gets Lenient Sentence due to his Defining Characteristic

[Joe Guy]

'Affluenza' defense gets Ethan Couch no prison time in fatal crash
By CNN
December 13, 2013 - 11:50 am

(WFAA/CNN) - Outrage nationwide continues to grow after a 16-year-old Texas teenager was spared prison time after killing four people in a drunk driving crash, citing "affluenza" as the reason he was given rehab and probation instead.

A Texas judge sentenced Ethan Couch to alcohol treatment and 10 years of probation for causing the crash, during which his blood alcohol level was found to be 0.24.

His defense lawyers cited "affluenza" - a lifestyle where wealth bought privilege and there were no consequences for bad behavior - as a reason why Couch got behind the wheel of his pickup truck, sped down the road drunk and crashed. (he had too much free time)

In a series of notes taken during the trial by Eric Boyles, an attorney who lost his wife and daughter in the crash, Couch was caught fleeing the scene of the crash on foot. He could be heard at the scene yelling to one of this truck's passengers, "I'm Ethan Couch - I'll get you out of this."

Two people who were riding in the bed of Couch's truck were among the nine injured in the crash. One of them, Sergio Molina, was rendered comatose after the crash and is now paralyzed. His parents are now suing the teen, his parents and their family business - Cleburne Metal Works - for $20 million.

In their complaint, the Molinas point out that Couch had a history of arrests, including one where he pleaded no contest to charges of possessing and drinking alcohol. The court date for that plea took place just three months before the fatal crash.

source

[Gob]

Surely at least one relative of the deceased must own a gun?

[Lord Jim]

I was reading about this yesterday; it's absolutely outrageous...

The defense is that the kid has been able to escape the consequences of his actions, and then the judge proceeds to prove the point by giving junior a relative slap on the wrist for killing four people and seriously injuring nine others, including one that's permanently paralyzed

He should have been tried for vehicular manslaughter as an adult, and given a minimum of 15 years in the slammer (20 would be better)...Especially given his record...

This also struck me:

his blood alcohol level was found to be 0.24.

That is a helluva BAC for a sixteen year old to blow and even be functional enough to attempt to drive a car...

This guy must have started serious drinking when he was 12...Great parents; he's certainly going to learn a lot staying with them; they've been doing a heckuva job so far...

The best thing that can possibly come out of this at this point is if the victims take mom and dad to cleaners, so that he (and they) will no longer suffer from the "affliction" that let him walk...

[Big RR]

From what I've heard, he's not going back to his parents, he's being released to a residential treatment facility--not sure for how long.

Part of me hopes a kid like this can be turned around, but I also wonder if some black (or even less affluent white) kids got drunk and were joyriding and killed/maimed this number of people they would have gotten the same deal because they never learned to fear/deal with consequences. This verdict appears to be a direct consequence of that same affluenza; those with "povertigo" (or is it povertygo?) need not apply.

[Lord Jim]

I have to say, I give high marks to his defense attorney for coming up with such a "creative" defense...(when there's zero question about your client's guilt, you have to come up with something...I'll bet he thought it was a real long shot...)

However I give the lowest possible marks to the dumbass judge who bought it...

[Gob]

I was wondering that too, was it one of these; "collect 12 special tokens off the back of Cornflake packets, and be a judge for the day" offers?

[Lord Jim]

I was wondering that too, was it one of these; "collect 12 special tokens off the back of Cornflake packets, and be a judge for the day" offers?

That might actually have been an improvement...

An average normal person probably would never have swallowed this "affluenza" horse hockey...

[Gob]

Good point, well made.

[Gob]

Is there a separate justice system in the US for the rich and powerful? It all depends on whether you believe that Ethan Couch would be in jail right now were it not for his wealthy parents and privileged background.


From the comments; "It is interesting that "being rich" has accepted as a defence in a country which very often does not regard "being poor" as any kind of defence for committing a crime."

[oldr_n_wsr]

That is a helluva BAC for a sixteen year old to blow and even be functional enough to attempt to drive a car...

Not hard for a full blown alcoholic. I blew a .27 and only had a small buzz on. True what you said:

This guy must have started serious drinking when he was 12...

Maybe even earlier. I've heard more than a few stories from people who started younger than 12.

From what I've heard, he's not going back to his parents, he's being released to a residential treatment facility--not sure for how long.

Going to rehab. From my personal experience (having been to rehab), those that are mandated to rehab usually are there just to get out of their legal problems. They then go and resume their previous pattern of behaviour. For his sake (and the rest of societies sake) I hope not.

I am surprised his addiction of choice is alcohol. Most of the young (and they are usually from affluent families) I see in the fellowship are addicted to either pills or heroin or both. They all drink/drank to excess, but the "dry goods" is what they are hooked on. And most are chronic relapsers.

[Grim Reaper]

The families of the victims have decided to help with his problem by attempting a wealth-ectomy.

[Gob]

Good, I hope they bleed him and his parents for every cent they own.

[Long Run]

Since we have a judicial finding that this perp's actions were the direct result of his parents' malfeasance in raising him, it follows they should be directly liable for the damages caused by their son. It is clearly forseeable that their failure to raise their child to know right from wrong, would result in him committing a wrong and injuring someone.

[MajGenl.Meade]

Thank you, Clarence Darrow

[Lord Jim]

Speaking of spoiled brats getting light treatment:

Sheriff to missing 'affluenza' teen Ethan Couch: 'We're going to find you'

(CNN)A Texas sheriff says he has a message for a teenager who's now missing two years after getting probation for a drunken driving crash that killed four people, and for the mother who may be with him.

"You can run, but you're always going to be looking over your shoulder," Tarrant County Sheriff Dee Anderson said Thursday. "We're not going to give up. We're going to come after you. We're going to find you, wherever you are."

The FBI and U.S. marshals have now joined local authorities searching for Ethan Couch, Anderson said.

Couch made national news two years ago when he was sentenced to probation after his lawyers coined an infamous defense strategy, arguing that the teen was a victim of "affluenza" and describing him as a rich kid who was less culpable because his parents didn't set limits for him.

A warrant has been issued for the teen to be taken into custody after his probation officer couldn't reach him this week. His apparent disappearance came after a video allegedly showed him at a party where alcohol was being consumed, authorities said.

Couch's probation officer couldn't reach him this week, his lawyers told CNN. Couch's mother, with whom the 18-year-old had been living, is also missing, said attorneys Scott Brown and William Reagan.

Under the terms of his probation, Couch isn't supposed to lose contact with his probation officer, his lawyers said.

Their apparent disappearance comes shortly after the video of Couch at a party turned up on social media, CNN affiliate KTVT reported.

When asked to confirm Couch's attendance at the event, his attorneys told CNN's sister network HLN they "are aware that the probation authorities and/or the District Attorney's office are conducting an investigation to determine if Ethan has violated any of the terms and conditions of his probation. It would not be prudent for us to make any further statement on Ethan's behalf until the investigations are concluded and it is determined what, if any, action will be taken against him."[ That's lawyerese for "yes, he was there"]

Anderson told CNN's "AC360" he's worried Couch and his mother could have fled the United States.

"They have the money. They have the ability to disappear, and I'm fearing that they have gone a long way and may even be out of the country," he said.

After his recent disappearance, a court ordered Couch detained, according to his lawyers. At the time of his conviction, prosecutors said Couch could face up to 10 years of incarceration if he violated the terms of his probation.[I really hope they catch this little bastard, and that he does every minute of that time. (It still won't be enough for what he did, but at least it's something.) Hopefully they'll have some "aiding and abetting" charges for mom, so they can send her up the river too...]

http://www.cnn.com/2015/12/17/us/texas- ... n-missing/

[oldr_n_wsr]

They don't mention if there is a "no drinking alcohol" clause in his probation. And if there is, is there a "don't be around alcohol" clause also.
Not defending this guy at all and I know more than a few people who have such clauses in their probation terms. Even so far as to have to submit to random pee tests where the PO just drops in with a cup.

All they say here is he hasn't been in touch with his PO.

[Lord Jim]

They don't mention if there is a "no drinking alcohol" clause in his probation. And if there is, is there a "don't be around alcohol" clause also.

My assumption is there must be oldr, otherwise the video wouldn't have been an issue...

Also in a case like this, those kinds of conditions are frequently requirements of probation. (Well, maybe not "don't be around alcohol"...that would mean going into a 7-11 would be a probation violation...but something like, "don't attend social events where alcohol is being consumed"...)

[Big RR]

A lot of times there is also a random testing for alcohol and other drugs in blood or urine and finding any in his system would be a violation of his probation (fleeing or hiding to avoid such testing would also be a violation).

[rubato]

Since we have a judicial finding that this perp's actions were the direct result of his parents' malfeasance in raising him, it follows they should be directly liable for the damages caused by their son. It is clearly forseeable that their failure to raise their child to know right from wrong, would result in him committing a wrong and injuring someone.

He's underage so they are financially liable in any case. Yes?


yrs,
rubato

[Big RR]

In some states yes, in some no. My guess is that at 16, in most states they would not be automatically liable, but the court ruling does open a door to he claim that the parents negligence in his upbringing led to the deaths/injuries, making the liable.

eta: The biggest hurdle to most parental liability cases (except in states which impose it automatically) is to show that the parents' negligent supervision of the minor led directly to the injuries. This often comes down to whether the conduct was reasonably foreseeable, which can be difficult to prove.