‘Affluenza’ defense scam emboldens social misfit

Two years ago, a rich, spoiled brat by the name of Ethan Couch got away with killing four people and paralyzing a fifth while driving drunk. The judge who presided over the hearing in juvenile court bought the ridiculous “affluenza” defense presented by Couch’s lawyer.

In the aftermath of the ruling, we made this prediction in an editorial in December 2013: “He [Couch] is on a path to anti-social behavior that will result in another brush with the law. His parents should be proud.”

The brush occurred in November when Couch violated the terms of his probation. He was subsequently detained last month in the Pacific Coast city of Puerto Vallarta, Mexico – with his mother, Tonya, by his side.

An arrest warrant was issued by Tarrant (Texas) County Sheriff Lee Anderson for the mother on charges of hindering apprehension, a third-degree felony that carries a sentence of two to 10 years in jail. She was deported Thursday and is back in the U.S.

The son remains in the custody of Mexican immigration officials.

Meanwhile, Tarrant County District Attorney Sharen Wilson is asking a judge to transfer Ethan Couch’s case to adult court. He could then face up to 120 days in adult jail, followed by 10 years’ probation. If he violates probation, he could face up to 10 years in jail per death.

However, if the judge declines to transfer the case, prosecutors will ask that his probation be revoked, in which case he could be held in a juvenile facility until his sentence expires when he turns 19 next April.

Whatever the decision, there should be no confusion as to the verdict: Couch must be sentenced to time behind bars or placed in a juvenile detention center.

He got an unjustified, undeserved break in 2013 when then District Judge Jean Boyd ignored the arguments of prosecutors that the assailant deserved the maximum 20-year sentence because he killed four pedestrians and paralyzed a fifth while driving drunk.

Crazy notion

Judge Boyd, who is now retired, bought into the crazy notion that rich kids should not be held responsible for their actions.

The “affluenza” defense that was used – and became the target of much derision from law-abiding citizens – describes a condition in which children, generally from richer families, have a sense of entitlement, are irresponsible, make excuses for poor behavior and sometimes dabble in drugs and alcohol.

Couch admitted his guilt in four cases of intoxication manslaughter in the June 2013 accident.

The psychologist who testified as a defense witness said the boy grew up in a house where the parents were preoccupied with arguments that led to a divorce.

But the prosecutor in the case, Richard Alpert, argued in court that if the young man continues to be cushioned by his family’s wealth, another tragedy is inevitable.

There are reports that Couch and his mother were co-dependent and that they fled the United States after fearing that a video of his drinking at a recent party would be made public. Such drinking would violate the terms of his juvenile court probation.

Indeed, in obvious attempt to curry favor with the judge and to appease the critics, the parents said they would pay for their son to go to a $450,000-a-year rehabilitation center near Newport Beach, Calif.

Couch was driving drunk and speeding on a dark two-lane road south of Fort Worth when he crashed into a disabled SUV off to the side, killing four people and injuring several others, including passengers in Couch’s pickup truck.

In addition to pleading to the four counts of intoxication manslaughter, he pleaded to two counts of intoxication assault causing serious bodily injury.

And yet, he walked.

That travesty of justice left a bitter taste in the mouths of law enforcement and the prosecutors, but given the then 16-year-old’s view of the world, they knew it was only a matter of time before he broke the law – again.

It should be noted that after the accident, Couch said to one of the passengers, “I’m Ethan Couch. I’ll get you out of this.”

In light of the latest developments, those words should seal his fate. He needs to be put away for a long time.