Teen's defense for driving drunk, killing 4: Being rich

[Bob Juch]

(CNN) — To families of the victims, Ethan Couch was a killer on the road, a drunken teenage driver who caused a crash that left four people dead.

To the defense, the youth is himself a victim — of “affluenza,” according to one psychologist — the product of wealthy, privileged parents who never set limits for the boy.

To a judge, who sentenced Couch to 10 years’ probation but no jail time, he’s a defendant in need of treatment.

The decision disappointed prosecutors and stunned victims’ family members, who say they feel that Couch got off too easy. Prosecutors had asked for the maximum of 20 years behind bars.

“Let’s face it … There needs to be some justice here,” Eric Boyles, who lost his wife and daughter, told CNN’s Anderson Cooper 360 on Wednesday night.

“For 25 weeks, I’ve been going through a healing process. And so when the verdict came out, I mean, my immediate reaction is — I’m back to Week 1. We have accomplished nothing here. My healing process is out the window,” he said.

Lawyers for Couch, 16, had argued that 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.

According to CNN affiliate WFAA, a psychologist called by the defense described Couch as a product of “affluenza.”

He reportedly testified that the teen’s family felt wealth boughtprivilege, and that Couch’s life could be turned around with one to two years of treatment and no contact with his parents.

Couch was sentenced by a juvenile court judge on Tuesday. If he violates the terms of his probation, he could face up to 10 years of incarceration, according to a statement from the Tarrant County Criminal District Attorney’s Office.

Judge Jean Boyd told the court she would not release Couch to his parents, but would work to find the teen a long-term treatment facility.

“There are absolutely no consequences for what occurred that day,” said Boyles. “The primary message has to absolutely be that money and privilege can’t buy justice in this country.”

His wife, Hollie Boyles, and daughter, Shelby, left their home to help Breanna Mitchell, whose SUV had broken down. Brian Jennings, a youth pastor, was driving past and also stopped to help.

All four were killed when the teen’s pickup plowed into the pedestrians. Couch’s vehicle also struck a parked car, which then slid into another vehicle driving in the opposite direction.

Two people riding in the bed of the teen’s pickup were tossed in the crash and severely injured.

One is no longer able to move or talk because of a brain injury, while the other suffered internal injuries and broken bones.

“There is nothing the judge could have done to lessen the suffering for any of those families,” said defense attorney Scott Brown, CNN affiliate KTVT reported.

“(The judge) fashioned a sentence that is going to keep Ethan under the thumb of the justice system for the next 10 years,” he said. “And if Ethan doesn’t do what he’s supposed to do, if he has one misstep at all, then this judge, or an adult judge when he’s transferred, can then incarcerate him.”

Earlier on the night of the accident, June 15, Couch and some friends had stolen beer from a local Wal-Mart. Three hours after the crash, tests showed he had a blood alcohol content of 0.24, three times the legal limit, according to the district attorney’s office.

“We are disappointed by the punishment assessed but have no power under the law to change or overturn it,” said Assistant District Attorney Richard Alpert. “Our thoughts and prayers are with the families and we regret that this outcome has added to the pain and suffering they have endured.”

By Dana Ford

CNN’s Monte Plott and Vivian Kuo contributed to this report.

[BackInTex]

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.

[Bob Juch]

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.

This article says that they're suing for $20 million. However it also says, "Security camera footage retrieved from the Burleson Walmart captured several of the truck’s occupants shoplifting two cases of beer earlier the same night," so if Molina was one of them he could be seen as contributing to his injuries. I wonder if his blood alcohol was checked?

http://www.cleburnetimesreview.com/loca ... xNVyb.dpuf

[jarnon]

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]

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.

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

[jarnon]

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."

Thanks for correcting my error.

[Bob Juch]

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.'

[ne1410s]

Rich kid gets slap on wrist from legal system. I'm shocked. Shocked I tells ya.

[silverscreenselect]

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.

[Bob Juch]

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.

If they had been "white" their sentences would have been different too.

[Bob Juch]

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."

Full story: http://www.nbcdfw.com/news/local/DA-Tri ... B_DFWBrand

[SpacemanSpiff]

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]

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]

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.

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.

[Estonut]

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.

The driver had accomplices when he stole the beer. AFAIK, they haven't been ID'd yet.

[Vandal]

From USA Today:

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.

[silverscreenselect]

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

No, we recognize that 16-year-olds from wealthy families are different from 16-year-olds from the projects.

[geoffil]

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

[silvercamaro]

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

His doting parents.

[a1mamacat]

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

His doting parents.

(wipes monitor clean of coffee)


SNORT!