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- A judge on Wednesday ordered that Ethan Couch – who drove drunk and caused a crash, killing four people and injuring two – go to a lock-down residential treatment facility.
State District Judge Jean Boyd had already decided the Texas teenager would serve no jail time. He was sentenced last year to 10 years’ probation.
His story made national headlines after a witness claimed Couch was a victim of “affluenza” – the product of wealthy, privileged parents who never set limits for the boy.
That particular defense, however, played no part in the judge’s decision, Couch’s lawyer told reporters on Wednesday. Court proceedings were closed to the public.
Victim: ‘Affluenza’ boy never apologized
’Affluenza’ teen killed 4, sent to rehab
Laywer: ‘Affluenza’ was not our defense
Victim’s family: Affluenza is ‘nonsense’
“She (Boyd) said it (affluenza), and specifically mentioned that that was not a basis for her decision,” said attorney Reagan Wynn. “She heard all the evidence and she made what she thought was the appropriate disposition.”
‘Affluenza’ defense psychologist: ‘I wish I hadn’t used that term’
The judge ordered that Couch’s parents pay for the treatment facility, which was not identified. It was also unclear how long Couch might stay there.
As part of his probation, the teen must refrain from using drugs or alcohol. He will also not be allowed to drive. If Couch violates the terms of his probation, he could face up to 10 years behind bars.
“I think he can be rehabilitated given intensive therapy and I hope that he gets it,” Wynn said about the teen. “The juvenile system is about rehabilitation and if it’s going to be about rehabilitation, she (Boyd) absolutely made the right decision.”
Eric Boyles, who lost his wife and daughter in the crash, disagrees.
He told reporters he has no doubt that money played a role in the case.
Steering teen drivers out of harm’s way
“Had he (Couch) not had money to have the defense there, to also have the experts testify, and also offer to pay for the treatment, I think the results would have been different,” he said Wednesday after the proceedings.
Last June, 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 on a road in Burleson, south of Fort Worth. Couch’s vehicle also struck a parked car, which then slid into another vehicle headed in the opposite direction.
Opinion: ‘Affluenza’ isn’t as crazy as it sounds
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.
According to prosecutors, three hours after the crash, tests showed Couch had a blood alcohol content of 0.24, three times the legal limit.
“There has been nothing from Ethan from these proceedings with regards to remorse on his part at all – that I do think would have helped. It would have helped the victims. No doubt about it, it would have helped,” said Boyles.
Prosecutors were similarly disappointed with the judge’s decision.
They had asked for the maximum of 20 years behind bars.
“This has been a very frustrating experience for me,” said prosecutor Richard Alpert. “I’m used to a system where the victims have a voice and their needs are strongly considered. The way the system down here is currently handled, the way the law is, almost all the focus is on the offender.”
- CNN) — Though Robert H. Richards IV was convicted of rape, the wealthy heir to the du Pont family fortune was spared prison by a Delaware court in 2009 because he would “not fare well” behind bars, according to court documents CNN obtained Tuesday.
Richards is a great-grandson of the chemical magnate Irenee du Pont.
He received an eight-year prison sentence in 2009 for raping his toddler daughter, but the sentencing order signed by a Delaware judge said “defendant will not fare well” in prison and the eight years were suspended.
Richards was placed on eight years’ probation and ordered to get treatment and register as a sex offender, the documents show. He was also prohibited from having contact with children under 16, including his own children.
The documents were never sealed, yet the ruling managed to go unnoticed until March, when Richards’ former wife, Tracy Richards, filed a lawsuit in Delaware Superior Court on behalf of their children alleging “personal injuries arising from the childhood sexual abuse.” The 11-page suit alleges that not only was their daughter abused, but Richards abused their son, too. The suit seeks unspecified monetary damages.
While he was convicted of raping his daughter, Richards has never been charged with sexually molesting his son, according to Jason Miller, a spokesman for the Delaware attorney general’s office.
CNN tried repeatedly to reach Richards and Eugene Maurer, the attorney who represented him in 2009. Maurer is no longer representing Richards, his assistant told CNN on Wednesday. CNN asked if he had a comment; he has not offered one.
Attorney John C. Balaguer is representing Richards in the civil case, his assistant told CNN. Balaguer has not returned e-mails or voice mail messages CNN has left for him.
This week, after news of Richards’ 2009 case came to light, many took to Twitter to criticize the judge in the case, saying that it echoed a recent Texas case in which a wealthy teenager driving drunk killed four people but received no jail time. Ethan Couch was sentenced last year to 10 years’ probation.
A witness in Couch’s case claimed the teenager was a victim of “affluenza” — the product of wealthy, privileged parents who never set limits for the boy.
Delaware’s Judicial Code of Conduct prohibits Judge Jan R. Jurden from discussing the 2009 ruling with reporters, court spokeswoman Amy Quinlan told CNN.
But at least one member of the Delaware legal community came to Jurden’s defense Tuesday.
“It’s wrong to attribute (the ‘defendant would not fare well’ comment) to Judge Jurden,” said Richard Kirk, a lawyer who is chairman of a Delaware State Bar Association committee that he says steps up to respond “when judges are criticized and unable to speak for themselves.”
Kirk says the argument that Richards would not do well in prison could have been the recommendation of probation or parole officers. However, he said, “common sense suggests that it came from defense counsel.”
As for the prosecutor’s side, the attorney general’s spokesman gave CNN a written statement.
“Cases of child sexual abuse are extremely complicated and difficult,” it read. The objective is to “secure justice in every case to the best of its ability given the unique facts and circumstances presented in each case — sometimes that results in a resolution that is less than what prosecutors would want,” the statement read.
“In this particular case, the facts and circumstances made it unlikely that a conviction could be secured at trial. …This resolution protected the victim and imposed conditions that would make it less likely the defendant could harm others.”
By Kevin Conlon and Stephanie Gallman