Ethan Couch, the 18-year-old “affluenza teen” who received probation after pleading guilty to manslaughter for killing four people in a drunken-driving accident in 2013, is headed back to court — but not necessarily to jail.
Couch was apprehended in Mexico on Monday, and Texas authorities announced plans to charge Couch and his mother in a news conference Tuesday.
RELATED: How the ‘affluenza’ teen lived on the run
Prosecutors said they will seek to reinstate Couch’s probation agreement. After pleading guilty to manslaughter and intoxication assault in June 2013, he was facing up to 10 years in jail, but that sentence was suspended under probation.
He could now serve some of that sentence — and now in an adult court.
“We no longer have to be concerned about the best interest of the child,” said Tarrant County District Attorney Sharon Wilson, outlining her legal strategy at the Tuesday news conference.
Couch is 18 years old, and Texas generally releases incarcerated juveniles at the age of 19 — a potential punishment that Wilson said was “not enough for taking four lives.” If Couch remains in the juvenile system, he could ultimately spend just a few months in jail. He turns 19 on April 11.
By transferring Couch to the standard adult justice system, prosecutors can try to make him serve more time, though they cautioned that an “anomaly” in Texas law limits how much time can be added when a juvenile is transferred to the adult system.
“We can move him to adult court,” said Wilson, “and an adult judge can instate or enforce his 10-year probated sentence that was given to him before — which means he’d be on additional eight years probation.”
Wilson emphasized that moving Couch to the adult system ensures he can be in jail “longer than he would get if he stayed in the juvenile system,” although he would still be incarcerated for up to just four months.
It would take another probation violation, as an adult, for Couch to actually face the maximum sentence for his earlier crime.
“If he violates his adult probation, he could be looking at 10 years on each death — which we would ask the court to stack — which is a potential of 40,” Wilson said.
Luke Williams, a former district attorney in Lubbock, Texas, told NBC News a judge ought to be able to reinstate Couch’s original sentence. “He still has the 10 years he was probated hanging over his head,” Williams said. “A judge can convert that into straight jail time.” Beyond that punishment for the drunken driving, prosecutors said they are considering new charges for Couch fleeing the country — which he achieved with help of his mom. Prosecutors said they will charge Tonya Couch for helping her son flee. On Tuesday, prosecutors announced for the first time that they intend to charge her with “hindering apprehension,” a major offense under Texas law. It carries a possible sentence of one to 10 years in prison. The statute criminalizes any interference with authorities’ attempt to prosecute a suspect or — critically for this case — a child “engaging in delinquent conduct.” That gives authorities a wide berth for pursuing Tonya Couch. If a judge determines Ethan Couch’s underlying conduct constituted a felony, Tonya Couch could face up to 10 years for hindering apprehension as a third-degree felony. Even if his conduct is not classified as a felony, however, she could still face up to a year in jail for hindering apprehension as a misdemeanor offense. According to many critics, the potential punishments for the Couch family are late and long overdue. That chorus includes Tarrant County Sheriff Dee Anderson, who noted at Tuesday’s news conference that in this case, the justice system didn’t work very well “the first time.” This article first appeared on NBCNews.com.
Ari Melber
Ari Melber, an Emmy Award-winning journalist, writer and attorney, is the host of “The Beat with Ari Melber” airing nightly at 6 p.m. ET on MSNBC. He also serves as MSNBC’s chief legal correspondent and an NBC News legal analyst. Before joining MSNBC, Melber practiced First Amendment law and served as a legislative aide in the U.S. Senate. He received a J.D. from Cornell Law School and is a member of the New York Bar. Recommended
