'Affluenza' Teen's Mom In L.A., Ethan Couch Granted Stay In Mexico
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(CBSDFW.COM/AP) - The mother of "affluenza" teen Ethan Couch is expected in a downtown Los Angeles courtroom Tuesday for an extradition hearing.
Tonya Couch, 38, faces a felony charge in Texas of hindering apprehension of a felon for allegedly helping her 18-year-old son flee the country while out on probation. The charge carries a two- to 10-year prison sentence. Her bond is set at $1 million.
She was detained in Los Angeles on a no-bail hold for Texas authorities after she was deported from Mexico last week.
Tonya Couch will remain in custody until deputies from the Tarrant County Sheriff's Department in Texas come to get her, Los Angeles police spokeswoman Norma Eisenman told CBS2 Los Angeles.
Meantime, Ethan Couch was granted a stay in his deportation case while the legal process in Mexico runs its course, according to his attorneys. His high profile attorney in Mexico, Fernando Benitez, has laid out the case and the action he plans to take on behalf of the so-called affluenza teen.
"When I speak to my client and he confides in me what his wishes are. If he wishes to go back we will send him back. If he wishes to dispute the Mexican authorities contention that he's here illegally we will dispute that. We will have to wait and see what he decides," said Benitez.
Benitez said his main problem is that Ethan's case is being treated as a deportation… but he thinks should be handled as an extradition. The Mexican government can deport anyone without cause, according to Benitez, but an extradition requires a formal petition from the United States Department of State.
Benitez is scheduled to talk to Couch tomorrow who's currently in a Mexico City detention center after his capture in Mexico last week.
Benitez said is not representing Ethan Couch in any criminal proceedings.
Couch, who was 16 at the time of the crash and was tried in juvenile court, received 10 years' probation for driving drunk and crashing into a disabled SUV parked on the side of the road in 2013. The collision killed four people and injured several others, including passengers in his truck. He pleaded guilty to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury.
During the sentencing phase of his trial, a defense expert argued that Couch's wealthy parents had coddled him into a sense of irresponsibility — a condition the expert termed "affluenza." The condition is not recognized as a medical diagnosis by the American Psychiatric Association, and its invocation drew ridicule.
Judge Jean Boyd sentenced Couch to probation over the objections of prosecutors who asked for 20 years' detention. Couch's attorneys argued probation would be more effective than detention because Couch could have been eligible for release in as few as two years.
Whether Couch's "affluenza" claims had an impact on Boyd is unclear. Boyd, whose term on the bench ended in 2014, did not return phone messages this week from The Associated Press.
Had Couch been tried as an adult, he could have 20 years in prison for intoxication manslaughter, which is typically classified as a second-degree felony.
"We think it's important that juveniles are treated differently. The issue is what's in the best interest of the child," said John Convery, president-elect of the Texas Criminal Defense Lawyers Association.
Tarrant County District Attorney Sharen Wilson has said she plans to ask a judge to transfer Couch's case to adult court, where he could get up to 120 days in an adult jail, followed by 10 years of probation. If he violates probation again, he could face up to 10 years in prison per death, Wilson said.
A probation violation hearing is set for Jan. 19.
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