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FORT WORTH (CN) - After getting drunk on stolen beer, a 16-year-old boy killed four people and injured 10 by speeding his father's truck down a narrow road at 70 mph, the parents of a comatose victim claim in court.
Maria Lemus and Sergio Molina sued Ethan Couch, his parents Fred and Tonya Couch, and Cleburne Metal Works, in Tarrant County Court. They sued on their own behalf and for their son Sergio Molina, who was thrown from the bed of the truck and is in a vegetative state.
Fred Couch, Ethan's father, is president of Cleburne Metal Works, which owned the "huge red 2012 Ford F-350 pickup truck" that his son crashed, the Molinas say in the lawsuit.
The Tarrant County sheriff told local newspapers that the June 15 crash at two minutes before midnight was one of the worst in county history.
The Fort Worth Star-Telegram reported that 911 callers described mangled vehicles and kids "lying in ditches."
Ethan Couch had just turned 16 and was not allowed to drive on his restricted license unless an adult was with him, the Molinas say in the complaint.
What's more, he had been arrested when he was just 15 and criminally charged with possessing and drinking alcohol, and pleaded no-contest less than three months before the fatal wreck, the Molinas say.
His mother, Tonya, "was present at this court hearing and was obviously aware of Ethan Couch's problem with illegally drinking alcohol," according to the complaint.
The Molinas, and the Star-Telegram, say that Couch stole beer from a Wal-Mart that night. The newspaper reported that he tried to steal more beer from a convenience store.
Ethan Couch then got drunk in his home, "unsupervised by his parents, defendants Fred and Tonya Couch, or any other adults," the complaint states.
"Couch, who did not have the required licensed driver who was at least 21 years of age next to him in the front seat, left to go 'joy riding' in his father's company's truck.
"Sergio E. Molina was a passenger in the bed of the truck. There were five other young passengers inside the truck and another boy was seated next to him in the bed."
In the few seconds it took Couch to drive from his house to the site of the fatal wreck, two-tenths of a mile away, "he was already traveling at a speed of approximately 70 miles per hour on this narrow, unlit residential street," the complaint states.
Couch's "blood alcohol content was an incredibly high .24 g/dL - three times the legal limit of .08 g/dL," the complaint adds.
As he sped down the "narrow, unlit residential street," Couch smashed into a stopped car and four good Samaritans who had stopped to help the driver fix a flat tire. All four good Samaritans were killed.
Molina was "hurled from the truck and landed on his head."
"It is believed that Couch will be charged with four counts of intoxication manslaughter and two or more counts of intoxication assault," the complaint states.
Sergio Molina has been in a coma since the accident. His parents have incurred more than $600,000 in medical expenses and Sergio has undergone numerous brain and skull surgeries. He is still in a vegetative state and total expenses may surpass $10 million, particularly if he requires lifelong care, his parents say.
They seek punitive damages for negligence, negligent entrustment, recklessness and other charges. They are represented by William Berenson of Fort Worth.

BackInTex wrote:From a Sep. 10th article. While he and his parents may avoid any real criminal penalty, they will certainly pay for his and their failures.

FORT WORTH (CN) - After getting drunk on stolen beer, a 16-year-old boy killed four people and injured 10 by speeding his father's truck down a narrow road at 70 mph, the parents of a comatose victim claim in court.
Maria Lemus and Sergio Molina sued Ethan Couch, his parents Fred and Tonya Couch, and Cleburne Metal Works, in Tarrant County Court. They sued on their own behalf and for their son Sergio Molina, who was thrown from the bed of the truck and is in a vegetative state.
Fred Couch, Ethan's father, is president of Cleburne Metal Works, which owned the "huge red 2012 Ford F-350 pickup truck" that his son crashed, the Molinas say in the lawsuit.
The Tarrant County sheriff told local newspapers that the June 15 crash at two minutes before midnight was one of the worst in county history.
The Fort Worth Star-Telegram reported that 911 callers described mangled vehicles and kids "lying in ditches."
Ethan Couch had just turned 16 and was not allowed to drive on his restricted license unless an adult was with him, the Molinas say in the complaint.
What's more, he had been arrested when he was just 15 and criminally charged with possessing and drinking alcohol, and pleaded no-contest less than three months before the fatal wreck, the Molinas say.
His mother, Tonya, "was present at this court hearing and was obviously aware of Ethan Couch's problem with illegally drinking alcohol," according to the complaint.
The Molinas, and the Star-Telegram, say that Couch stole beer from a Wal-Mart that night. The newspaper reported that he tried to steal more beer from a convenience store.
Ethan Couch then got drunk in his home, "unsupervised by his parents, defendants Fred and Tonya Couch, or any other adults," the complaint states.
"Couch, who did not have the required licensed driver who was at least 21 years of age next to him in the front seat, left to go 'joy riding' in his father's company's truck.
"Sergio E. Molina was a passenger in the bed of the truck. There were five other young passengers inside the truck and another boy was seated next to him in the bed."
In the few seconds it took Couch to drive from his house to the site of the fatal wreck, two-tenths of a mile away, "he was already traveling at a speed of approximately 70 miles per hour on this narrow, unlit residential street," the complaint states.
Couch's "blood alcohol content was an incredibly high .24 g/dL - three times the legal limit of .08 g/dL," the complaint adds.
As he sped down the "narrow, unlit residential street," Couch smashed into a stopped car and four good Samaritans who had stopped to help the driver fix a flat tire. All four good Samaritans were killed.
Molina was "hurled from the truck and landed on his head."
"It is believed that Couch will be charged with four counts of intoxication manslaughter and two or more counts of intoxication assault," the complaint states.
Sergio Molina has been in a coma since the accident. His parents have incurred more than $600,000 in medical expenses and Sergio has undergone numerous brain and skull surgeries. He is still in a vegetative state and total expenses may surpass $10 million, particularly if he requires lifelong care, his parents say.
They seek punitive damages for negligence, negligent entrustment, recklessness and other charges. They are represented by William Berenson of Fort Worth.

Couch's blood alcohol content was an incredibly high .24 g/dL - three times the legal limit.

They are represented by William Berenson of Fort Worth.

jarnon wrote:I can't count how many crimes this boy committed. If he was an adult, he'd have a long prison sentence.

Couch's blood alcohol content was an incredibly high .24 g/dL - three times the legal limit.

That's three times the adult legal limit. To do that same computation using the legal limit for a 16-year-old, you'd have to divide by zero.

They are represented by William Berenson of Fort Worth.

Not the same lawyer who said, in Ethan's defense, "the teen’s parents should share a part of the blame for the crash because they never set limits for the boy and gave him everything he wanted." He should settle this lawsuit and never let it go to a jury.

Bob Juch wrote:

jarnon wrote:

They are represented by William Berenson of Fort Worth.

Not the same lawyer who said, in Ethan's defense, "the teen’s parents should share a part of the blame for the crash because they never set limits for the boy and gave him everything he wanted." He should settle this lawsuit and never let it go to a jury.

William Berenson's ad: "Over 30 years helping our clients recover millions for personal injuries. 100% client satisfaction rate."

New York Daily News wrote:Dr. Dick Miller said rich kid killer Ethan Couch, 16, would be better off at a country club-style rehab facility than in jail. He also said he regretted using the term 'affluenza,' adding, 'I do believe we used to call these people spoiled brats.'

Bob Juch wrote:

New York Daily News wrote:Dr. Dick Miller said rich kid killer Ethan Couch, 16, would be better off at a country club-style rehab facility than in jail. He also said he regretted using the term 'affluenza,' adding, 'I do believe we used to call these people spoiled brats.'

silverscreenselect wrote:

Bob Juch wrote:

New York Daily News wrote:Dr. Dick Miller said rich kid killer Ethan Couch, 16, would be better off at a country club-style rehab facility than in jail. He also said he regretted using the term 'affluenza,' adding, 'I do believe we used to call these people spoiled brats.'

Leopold and Loeb would probably have been better off at country club-style rehab facility than in the big house. Too bad we didn't have such facilities back in the 20s.

North Texas prosecutors are trying a second time to imprison a teen who was sentenced last week to 10 years' probation for drunkenly driving his truck into four pedestrians, killing them all.

Tarrant County District Attorney Joe Shannon has asked a juvenile judge to put 16-year-old Ethan Couch behind bars on two cases of intoxication assault that he says are still pending before the court, The Fort Worth Star-Telegram reported Tuesday.

"During his recent trial, the 16-year-old admitted his guilt in four cases of intoxication manslaughter and two cases of intoxication assault," Shannon said in an email to the newspaper. "There has been no verdict formally entered in the two intoxication assault cases. Every case deserves a verdict."

SpacemanSpiff wrote:If the defendant truly suffers from "affluenza," perhaps the civil court system will remove the underlying cause of the "illness"? Or will the fact that he's a minor impair that concept?

(That's more a rhetorical question, since all states are different in such matters. Then again, I'll admit a major bias against "affluenza" and auto accidents -- the elderly man who t-boned my uncle's car years ago [ultimately killing him after two years in a coma] stopped at the Caddy dealership on the way home from the hospital to buy a new car to replace the one he's wrecked in the accident.)

Bob Juch wrote:

SpacemanSpiff wrote:If the defendant truly suffers from "affluenza," perhaps the civil court system will remove the underlying cause of the "illness"? Or will the fact that he's a minor impair that concept?

(That's more a rhetorical question, since all states are different in such matters. Then again, I'll admit a major bias against "affluenza" and auto accidents -- the elderly man who t-boned my uncle's car years ago [ultimately killing him after two years in a coma] stopped at the Caddy dealership on the way home from the hospital to buy a new car to replace the one he's wrecked in the accident.)

The family of one of the kids in the bed of the truck is suing the defendant's parents and the father's company (since it was a company truck) for $20 million. Apparently the families of the four who were killed and the other kid in the back haven't filed suit yet. I'd say, yes, the civil courts will be curing his illness.

BackInTex wrote:Be a tough sell for me on the jury. The friends likely knew their friend was impaired and irresponsible when they climbed in the back. The played a big part in the event that changed their lives. The folks he ran over, not so much.

Judge orders no jail for teen in fatal car wreck

FORT WORTH, Texas (AP) — A judge on Wednesday ordered a Texas teenager who was sentenced to 10 years' probation in a drunken-driving crash that killed four people to go to a rehabilitation facility paid for by his parents.

Judge Jean Boyd again decided to give no jail time for Ethan Couch, defense attorney Reagan Wynn and prosecutors told reporters after the hearing, which was closed to the public. Prosecutors had asked Boyd to sentence him to 20 years in state custody on charges related to two people who were severely injured.

The sentence stirred fierce debate, as has the testimony of a defense expert who says Couch's wealthy parents coddled him into a sense of irresponsibility. The expert termed the condition "affluenza."

Wynn and prosecutor Richard Alpert would not identify the facility where Couch will go or where it is located. The teen's family previously had offered to pay for Couch to go to a $450,000-a-year rehabilitation center near Newport Beach, Calif.

Couch, who's currently in state custody, is expected to receive alcohol and drug rehab, and could face prison time if he runs away from the facility or violates any other terms of his probation, Alpert said.

There is no minimum amount of time Couch must spend in the facility before his release, prosecutor Riley Shaw said.

Wynn ripped the media and the public's focus on "affluenza" and said that his client was misunderstood.

He said reporting of the Couch case had "so twisted the facts that were actually presented in court that I don't think the truth will ever be able to come out now."

"It was ridiculous to think that we walked into court and said, 'Oh, this is a rich white kid,' and she decided to probate him," he said.

But Alpert accused Wynn of hypocrisy, pointing out that a defense witness made the comment in the first place.

"His witnesses don't say things by accident," Alpert said. "So they thought maybe that would help — that's my interpretation — and it blew up on them. It was a stupid thing to say."

Couch's parents did not speak to reporters as they entered the courtroom. Several relatives of Couch's victims also attended Wednesday's hearing.

"The families feel like the same way they felt the last time they were here," Alpert said.

Asking Boyd to give Couch jail time for intoxication assault was a last-ditch effort by prosecutors, who have said they have almost no way to appeal the judge's sentence in the case.

Alpert said he hoped the Couch case would lead the Texas Legislature to allow juries to sentence some juvenile defendants. The case has already spurred calls for potential changes. Texas Lt. Gov. David Dewhurst, who serves as president of the Senate, has asked for a study of sentencing guidelines in intoxication manslaughter cases.

But Wynn lauded Boyd for giving Couch probation and recognizing the possibility that he could be reformed better in a rehab facility that in prison.

"We recognize that 16-year-old kids are different from 25-year-old adults," he said.

Couch was 16 at the time of the accident. His blood-alcohol level was three times the legal limit for an adult and there were traces of Valium in his system when he lost control of his pickup truck and plowed into a group of people helping a woman whose car had stalled.

Seven passengers were riding in Couch's truck. One, Sergio Molina, is paralyzed and can communicate only by blinking. The other, Solimon Mohmand, suffered numerous broken bones and internal injuries.

Vandal wrote: "We recognize that 16-year-old kids are different from 25-year-old adults," he said.

geoffil wrote:Who would be surprised if the kid commits another crime because he got off this time?

silvercamaro wrote:

geoffil wrote:Who would be surprised if the kid commits another crime because he got off this time?

His doting parents.