Criminal Justice

'Affluenza' teen who killed 4 in drunk-driving accident faces likely prison term of 720 days

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Prosecutors had sought a 20-year prison term for a Texas youth whose blood-alcohol level was triple the legal limit for adults when he killed four people in a drunken-driving accident in 2013.

But Ethan Couch, still a juvenile at the time, got probation. His well-to-do parents agreed to pay for him to be treated at an expensive rehab facility—although the Star-Telegram says the state wound up paying most of Couch’s rehab costs, which totaled around $200,000. A controversial argument by defense counsel—that Couch suffered from “affluenza” due to his parents’ wealth and permissiveness—made international headlines.

Now, a little over two years later, the 19-year-old is considered an adult following his birthday on Monday and faces a likely stint of 720 days behind bars before he completes the 10-year probation term he got as a juvenile. However, Tarrant County District Judge Wayne Salvant said his mind is not finally made up, reports the Dallas Morning News.

“Nothing I do is in stone, so I might reconsider,” the judge told Couch at a Wednesday hearing. Judge Salvant says he expects to make a final ruling in two weeks about the penalty.

The 720-day sentence is comprised of four consecutive 180-day terms, one for each of the individuals Couch killed in the fatal accident, according to the Fort Worth Star-Telegram says.

Under Texas law, an individual transitioning from probation in a juvenile case to the adult prison system must serve a minimum of 120 days, explains CNN. Couch’s attorney Scott Brown argues that 180 days is the maximum for those like his client who are convicted of a second-degree felony. Lawyers for Couch are now expected to argue that he should get one 180-day term, not four.

Authorities say Couch violated his probation when he was still a juvenile by appearing on video at a beer pong party (alcohol is prohibited) and fleeing to Mexico with his mother once an investigation of that violation began. Both were arrested and jailed late last year, but Couch apparently will not face any additional sanction for probation violation, CNN reports. Tarrant County Prosecutor Riley Shaw said the window of opportunity for such punishment ended when Couch turned 19, although Salvant can take the facts into account when determining the conditions of Couch’s probation now that he is an adult.

Couch’s mother also is facing a criminal case for her alleged role in the Mexico trip. Because she has not yet been indicted, Salvant—who is overseeing her case as well—has issued a gag order prohibiting public discussion of the son’s case by the lawyers involved, the Morning News reports.

However, Sheriff Dee Anderson said Couch has been well-behaved in jail. Anderson also said he believes Couch’s stay at the Lon Evans Corrections Center in downtown Fort Worth, where he spends 23 hours a day alone to keep him safe from other inmates, has changed his perspective.

“I do think that it’s having an impact on him,” Anderson told reporters Wednesday. “I do believe that he is not the same person he was when he came in to jail. This time he’s spent, it’s a rude awakening for anyone.”

Related coverage:

Dallas Morning News: “‘No party, no cake’: Ethan Couch spends 19th birthday in Tarrant’s tightest lockup”

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