Tag Archives: Injustice

While ‘affluenza’ teen went free, similar case led to prison

This Jan. 27, 2016 photo shows Jaime Arellano during an interview in the visitor’s room at the… Read more  [This story courtesy of The Marshall Project and the Associate Press]. 

HUNTSVILLE, Texas (AP) — One 16-year-old drove drunk, ran a red light and crashed into a pregnant woman’s car, killing her and her unborn child. Another drunken teenager rammed a pickup truck into a crowd of people assisting a stranded driver, killing four.

Jaime Arellano went to prison. Ethan Couch went free.

The stories of the two Texas teens illustrate how prosecutors’ decisions in similar cases can lead to wildly different outcomes. The poor immigrant from Mexico has been behind bars for almost a decade. The white kid with rich parents got 10 years of probation.

 Couch lost control as he drove his family’s pickup truck after he and his friends had played beer pong and consumed beer that some of them had stolen from Wal-Mart. The vehicle veered into a crowd of people helping the driver on the side of the road. Authorities later estimated that he was going 70 mph in a 40 mph zone.

The crash fatally injured the stranded motorist, a youth minister who stopped to help her and a mother and daughter who came out of their nearby home.

But prosecutors in Fort Worth said they didn’t ask to have his case moved to the adult system because they thought the judge would refuse. Instead, he stayed in juvenile court and became infamous for his psychologist’s assertion that his wealthy parents coddled him into a sense of irresponsibility the psychologist called “affluenza.”

Arellano was charged with intoxication manslaughter and intoxication assault, the same counts against Couch. But prosecutors in Arellano’s case moved quickly after his June 2007 crash to send him to adult court. Arellano took a plea deal and got 20 years in prison, where he remains today.

Sending Arellano’s case to the adult system opened the door to the kind of punishment many say Couch should have received from the beginning.

Matt Bingham, the Smith County district attorney and head of the office that prosecuted Arellano, declined to comment on Couch’s case but said he considered adult prison to be a fair option for any teenager who has killed someone.

Juveniles don’t always commit “what people think of as juvenile crimes,” Bingham said. “There is an appropriate punishment for what they have done. And the fact that they’re 16 years of age doesn’t negate that.”

Arellano could never have argued he had “affluenza.”

Arellano and his family crossed the U.S.-Mexico border illegally two years before the crash and settled in East Texas. He spoke little English and had little knowledge of the court system. Five months before the crash, he dropped out of high school.

Now 24, he spoke to The Associated Press about his case from behind a narrow glass partition at a Texas prison. Wearing a white inmate uniform, he spoke in soft, accented English that he said he learned while in prison.

Arellano had his first beer at 15 and had driven drunk a few times before. His parents tried to stop him from driving under the influence, but he said he wouldn’t listen.

“They talked to me way too many times,” he said. “But I just didn’t want to hear it.”

On the night of June 23, 2007, Arellano was driving an SUV through Tyler, about 100 miles east of Dallas, on his way to a party. He had an open beer and several more in a cooler.

Witnesses saw him swerve through the intersection and slam into a Ford Mustang making a left turn ahead, according to police reports.

Driving the Mustang was Martha Mondragon, a 31-year-old woman who was nine months’ pregnant. Mondragon and the child she was carrying were killed. Her 6-year-old daughter flew out of her booster seat and through a car window. She was hospitalized and survived.

Prosecutors quickly sought to have Arellano’s case moved to adult court, and a judge agreed.

At that point, Arellano faced two choices: a plea deal with the promise of 20 years in prison and possible parole after a decade, or a jury trial in one of the most conservative regions of the United States and the risk of 50 years in prison. He took the plea.

While he once thought he might have gotten probation if he were white, Arellano said he doesn’t feel that way today.

“I know it was serious,” he said. “It had to happen this way so I could better myself, so I could think better.”

Arellano becomes eligible for parole next year. Once released, he expects to be deported to Mexico, where he hopes to work on a ranch.

Couch faces possible detention for violating his probation when he returns to court on Feb. 19. Depending on the judge’s ruling, he could get three months in jail and adult probation, which if violated could land him in prison for up to 40 years.

In the juvenile system, intoxication manslaughter cases in Texas over the last decade were just as likely to result in probation as they are detention, according to figures from the Texas Juvenile Justice Department. Juvenile justice experts say the state’s juvenile system places more weight on rehabilitation than the adult system, where punishments are tougher.

Since 2005, Texas has prosecuted 38 juveniles for intoxication manslaughter or intoxication assault. Only three were sent to the adult system, and half of all cases resulted in probation of some kind.

Those numbers do not include juveniles who commit similar offenses but might be charged with different crimes or cases not reported by local authorities to the state.

Once juveniles are in detention, it’s more likely than not that they will go free when they turn 19. Only 33 percent of all juvenile offenders are sent to adult prison, according to a study of juvenile sentencing conducted by the University of North Texas professor Chad Trulson.

Trulson said a probation sentence for killing four people might seem “absurd” to the average person.

But in the juvenile system, he said, that type of sentence for intoxication manslaughter and potentially more serious offenses “is probably more typical than we would think.”

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Follow Nomaan Merchant on Twitter at http://www.twitter.com/nomaanmerchant .

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This story has been corrected to show that Mondragon was 31, not 33.

Ferguson and Staten Island are the tip of the iceberg

Recent events in which black men have died at the hands of police are examples of how the US justice system is slanted against people who are black, Latino, poor, addicted to substances and mentally ill.

In Massachusetts, EMIT — End Mass Incarceration Together [a statewide grassroots advocacy group led by Unitarians and UU Mass Action Network] — partners with voters and state legislators to pass a series of bills in the next few years to ensure justice for all. We advocate legislative action, information, and coalition building to change Massachusetts state laws, policies, systems of justice and incarceration, probation and parole.

Such change is achieved one bill at a time, working in a statewide grassroots network of voters, legislators, communities, churches, non-profits and advocacy groups. We are working on generating support for two bills in the 2015 session: ending mandatory minimum sentencing and reform of pre-trial practices.

We need local leaders willing to take some small steps by Jan. 31.

1. Print out the letter below and invite people to sign individual letters to their state senator and representative. [Determine reps/senators here.]

2. Collect the letters and deliver them to your state representative and state senator BY JAN. 30.  Make an appointment with him/her in your district. You do not need to go to Beacon Hill. A personal visit to deliver the signed stack of letters has a BIG impact on your legislator. Ask other voters to attend the meeting.

3. Let EMIT know [emit.susan@gmail.com] that you have taken this action. If you cannot deliver the letters, send them to 5 Hedgeway St., Ayer, MA 01432.

Here are fact sheets on the two bills.

Pretrial Reform FactSheet(2)       Mandatory Minimums FactSheet2

Date ___________________________

Massachusetts State House   Room

24 Beacon Street   Boston, MA 02133

The Honorable_______________________________,

I am writing to ask you to co-sponsor two bills that are priority legislation for the Harm Reduction & Drug Law Reform Caucus. As you know, the Caucus is a coalition of more than 65 legislators, working to end mass incarceration through policy changes, education and coalition building.

The Caucus is committed to reforming the Commonwealth’s justice system, which unjustly impacts and incarcerates people who are black, Latino, poor, uneducated, addicted to substances, and mentally ill. The Caucus is co-chaired by Representative Tom Sannicandro (D-Ashland) and Senator Jamie Eldridge, (D-Acton). If you are already a caucus member, thank you.

Your help is needed to join the work of the Caucus and continue the momentum to end the injustice of mass incarceration in Massachusetts. We urge you to co-sponsor the two bills by Jan. 15, so your names will be printed on the cover of the bills, along with many fellow legislators.

  1. Removal of Mandatory Minimum sentencing – sponsored by Sen. Cynthia Cream, D-Newton, and Rep. Ben Swan, D-Springfield, to allow drug offenders to be sentenced based on their role in the offense, prior criminal history (if any) and need for treatment.
  2. Reform pre-trial and bail practices – sponsored by Sen. Ken Donnelly (D-Arlington) and Rep. Sannicandro, to transform a justice system based on wealth to a risk-based system.  One-fourth of the 22,000 people incarcerated in the state are awaiting trial, without a guilty finding.

Fact sheets on these issues are available at www.endmassincarcerationtogether.wordpress.com or by contacting Rebecca Miller, legislative aide to Rep. Sannicandro,  617-722-2013 and    Rebecca.Miller@mahouse.gov.

Thank you in advance for supporting justice reform in 2015 in Massachusetts.

Sincerely,

Signature_____________________________________

Printed name_________________________________

Address______________________________________

Town_________________________________________