No jail for 'affluenza' teen in fatal crash draws outrage

In a case with growing political ripples, a Texas judge's reaffirmation placing a teen involved in a drunken-driving fatal accident on probation is drawing fresh outrage from the victims' families.

Ethan Couch, 17, will be on 10 years probation after Texas District Judge Jean Boyd again decided against jail time. He'll also be in a drug and rehab center for an unspecified time. Couch's attorneys used an "affluenza" defense at his trial last year, saying the then 16-year-old had grown up with a sense of entitlement and developed poor judgment after being coddled by his wealthy parents.

Prosecutors said Couch's blood-alcohol level was three times the Texas legal limit when his pickup slammed into a group of people who were helping a woman with a stalled car last June. The driver, Breanna Mitchell, and bystanders Brian Jennings, Hollie Boyes and daughter Shelby, were killed. Nine others were injured.

According to police, Couch was going 70 mph in a 40 mph zone when he lost control of his father's pickup and his blood alcohol content was 0.24. The state's legal limit for adults is 0.08. Couch had been cited earlier in 2013 for being a minor in possession of alcohol and consuming alcohol as a minor, pleading no contest to both charges in a March hearing.

Couch, who pleaded earlier to four counts of intoxication manslaughter, was back in court this week after prosecutors again sought a 20-year jail term related to the crash. But in a hearing closed to the media, Boyd reaffirmed her earlier sentence.

Psychologist G. Dick Miller testified at Couch's trial that the you was given "freedoms no young person should have" and that he felt no rational link between behavior and consequences. Miller has since regretting using the term affluenza.

"This kid had medical problems, he had social anxiety disorder, he had all sorts of things. He had depression. He found alcohol was his medicine," Miller said in a December interview. "I think that term, 'affluenza,' which I was just using to describe what we used to call spoiled brats, it's not a diagnosis."

Two Texas gubernatorial candidates have spoken out on the case, while court observers and psychologists say the affluenza defense could be used in future cases involving juveniles, sending a dangerous message that could reinforce reckless behavior and poor judgment.

Victims' family members remain outraged.

"No matter where he goes ... no matter what game he and his family think they've beaten ... the world is not ever going to take their eyes off of him," said Marla Mitchell, Breanna's mother. "Let's let them know that no amount of money or prestige is ever going to grant them immunity for what they chose for their life that caused this for our lives."

Eric Boyles, who lost his wife and daughter in the accident, said news media should have been allowed in the juvenile court hearing.

"If anything, the ability to tamp this down, keep this quiet, let this go away is absolutely the wrong thing to do. Absolutely this story has to go on,'' he said.

The case could be a hot-button political issue. Democratic gubernatorial candidate Wendy Davis has called Boyd's decision a disgrace. And Attorney General Greg Abbott, a Republican contender, said he's trying to determine if Couch's sentence can be appealed.

Lt. Gov. David Dewhurst, who serves as president of the Senate, has already asked for a sentencing guideline study of intoxication manslaughter cases.

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Source: US Today (Strauss, 2/06)

High School Senior Dies in Texting-Related Crash

A 17-year-old North Texas high school senior was killed Thursday when she crashed her car while texting, police said.

The accident happened at about 3 p.m. on West Exchange Parkway near Trinidad Lane in Allen.

Emily Stambaugh died when her car veered off the road, hit the curb and then struck a rock wall, Sgt. Jon Felty said. No other cars were involved in the crash.

"I just want everyone to know what a great person she was," said Stambaugh's boyfriend Brandon Moring. "She was an outgoing, bubbly person. She always knew how to make you laugh, smile, just everything."

Felty said the early results of the investigation show she was distracted by using her cellphone.

"It certainly appears she was texting with (her) boyfriend and sister at the time the accident occurred," he said.

The lesson is simple, Felty said.

"Don't text and drive," he said.

Moring said he preferred to talk about her and not the circumstances of the crash.

The accident couldn't have come at a worse time for the Stambaugh family.

Stambaugh recently tweeted that her father was in the hospital awaiting a heart transplant.

Allen High School's football team played Plano High School on Friday night, and friends wore white to honor her.

"I think the biggest lesson all teenagers can take from this is to show us how fragile life really is," said Allen senior Tracey Brannon, 17. "It was one of my friends who died, so it's really hard right now."

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Source: NBCDFW (Gordon, 11/08)

Teens with passengers at higher risk for fatal crashes, study finds

An interesting study by the Texas A&M Transportation Institute has found Texas drivers age 15 to 17 who carry passengers are 12 times more likely to have a fatal crash than adults with passengers.

The report, released today, compared crash data between 2002 and 2011. It found that even as fatalities decreased, the percentage of novice drivers carrying passengers in fatal accidents jumped, indicating the safest practice for new drivers might be to go it alone — and to refrain from fumbling with their phones.

“Total teen fatal crashes per year declined, but the relative risk for young drivers carrying teen passengers actually increased substantially – at this same time, text messaging exploded in American society,” said Russell Henk, the primary author of the study. “We can’t scientifically state that there’s a direct link between those two things yet, but it seems reasonable to suspect a connection.”

What officials can conclusively say is in driving with passengers increases the relative risk for young drivers. Nationwide, drivers age 15-17, with one or more passengers age 13 to 17, are eight times more likely than adults with passengers to have a fatal accident. During the decade studied, the number of fatal teen accidents dropped 60 percent, but more of them happened when other teens were in the car.

“The decline in the number of novice drivers in fatal crashes certainly indicates substantial improvement,” according to the report. “At the same time, however, the increase in the proportion of fatal crashes involving novice drivers that also include multiple teen passengers relative to those crashes with somewhat older and more experienced – but still young – drivers, should at the very least raise cautionary flags with respect to the persistence of fatal crash issues among novice teen drivers that merit continued attention.”

The increased happened as many states, including Texas, enacted strict graduated licencing programs that limit when and with whom teen drivers may hit the road. Texas forbids drivers under 18 from driving with more than one passenger under age 21 during the first year of licensed driving, though exceptions for family members can apply.

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source: Chron (AP, 9/26)

Penalties for Hit and Run Rise in Texas

With new laws increasing the penalties for drivers involved in hit-and-run fatalities or those who fail to stop and render aid, advocates are hoping that Texas drivers have a greater incentive to stay at the scene of accidents and help the injured.

Starting Sept. 1, the penalty for hit-and-run fatalities will be equal to that for intoxicated manslaughter. Currently, it is a third-degree felony, carrying a maximum penalty of 10 years in prison. The new law raises the offense to a second-degree felony, with a maximum penalty of 20 years. Another new law makes failure to stop and render aid after an accident that may have caused injury punishable by up to 10 years.

"There was a perverse incentive to leave the scene of a wreck if you were intoxicated" because the penalties for intoxication were higher, said Bill Lewis, a spokesman for Mothers Against Drunk Driving. The legislation, he said, "gives people a reason to hang around."

Legislation on the new punishment passed easily with bipartisan support, which is uncommon, said state Rep. Elliott Naishtat, D-Austin, who was a sponsor of the legislation on stopping and rendering aid. Some legislators "don't like to mess with enhancing penalties," he said, but many were swayed by the trial of Gabrielle Nestande, a former legislative staff member who was accused of the 2011 hit-and-run death of Courtney Griffin, 30, in Austin. Nestande was arrested the morning after the accident and told the police that she did not know she had hit Griffin.

Nestande was found guilty of criminally negligent homicide but acquitted on charges of intoxication manslaughter, manslaughter, and failure to stop and render aid.

Commander Donald Daker of the Austin Police Department described the Nestande case as a "perfect illustration" of the challenges facing prosecutors in such cases. "If you look at it from an investigative perspective, it's very difficult to prove intoxicated manslaughter when you’ve got to go back hours or days later when they finally do identify who the suspected driver was," Daker said.

The laws will aid prosecution of similar trials, Naishtat said, by encouraging drivers to stay at the scene where blood alcohol levels can be measured.

Requiring drivers to stop and render aid could mean the difference between life and death, Lewis said. A telephone call made within minutes rather than hours of an accident could mean "the person who was hurt would have a better chance to recover," he said.

The legislation corrects outdated laws, said mother Laurie Griffin, who advocated the bill's passage.

"You can't just say, 'I thought it was a kid throwing rocks at my car' and change your story to 'I thought I hit a deer,'" Laurie Griffin said, a reference to reasons that Nestande gave in the courtroom for leaving the scene. "People need to know what's going to happen if they don't stop, and that's from a mother that lost her daughter to complete nonsense."

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Source: KEYE TV (AP, 8/09)

Teen to Be Tried as Adult in Texas Van Crash

A South Texas judge ruled Wednesday that a 16-year-old boy accused of killing nine illegal immigrants in a crash while fleeing Border Patrol should be prosecuted as an adult.

Hidalgo County District Judge Mario Ramirez said prosecutors had shown Junior Benjamin Rodriguez was sophisticated enough to be tried as an adult and that it was important to send a message to other teens who would consider smuggling immigrants and running from authorities. Ramirez later arraigned the teen as an adult on nine counts of murder and set bond at $25,000 per count.

Ramirez ordered reporters to not photograph Rodriguez, publish the names of federal agents and other witnesses who testified in the case or report in detail any evidence from this week's proceeding.

The Associated Press plans to appeal the judge's order.

"We're very troubled by this act of prior restraint in the courtroom today, and we plan to pursue all of our available legal remedies," said Laura Malone, the AP's interim general counsel.

Rodriguez was 15 last April when authorities say he fled Border Patrol in Palmview while driving a minivan packed with 17 illegal immigrants. A Border Patrol agent testified at a hearing last year that another person had bailed out when Rodriguez was initially stopped, but then sped off when the agent approached the van.

What happened next is disputed. A witness testified last year that he saw a Border Patrol vehicle bump the van before it crashed, sending immigrants flying onto the ground. But the Border Patrol agent testified last year the van had already crashed on a highway frontage road by the time he arrived.

On Wednesday, the third day of the hearing, a juvenile probation officer testified that his department recommended the boy should be transferred to the adult justice system due to the severity of the crime.

But a psychologist testifying for the defense said that a 15-year-old is poorly equipped to consider all consequences of his actions, particularly in a stressful situation. She said sending the boy into the adult system would be harmful for him and the community.

Prosecutors hammered the point that if Rodriguez had not fled Border Patrol the immigrants he was carrying would still be alive and he would likely be free. Rodriguez is a U.S. citizen.

"They (smuggling organizations) continue to use juveniles because they know the consequences are less serious for them," said prosecutor Amy Ortega.

In his closing statement, defense attorney Jaime Aleman asked the judge to differentiate between intent and an accident.

"It was a chaos of the moment act," Aleman said. "This was not an intentional act."

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Source: ABC News (AP, 3/28)

One Dead, One Injured In Head-On Crash On Central Texas Highway

PRAIRIE HILL--A Riesel man was killed and a Mexia man was injured Tuesday night in a head-on crash just west of Prairie Hill on U.S. Highway 84.

A Texas Department of Public Safety trooper who investigated the accident said Barton Smith, 42, died just after 6:10 p.m. Tuesday after the 2000 Oldsmobile Alero he was driving collided with a 2007 Chevrolet Sliverado pickup truck.

Cesar Riojas, 37, of Mexia, was taken to Hillcrest Baptist Medical Center, in Waco where Wednesday he was listed in stable condition.

Trooper James Willis said Smith was westbound in the eastbound lane of U.S. 84 near Prairie Hill when his car and the eastbound pick up truck collided.

Willis did not mention any other victims.

Smith's body was taken to Blair-Stubbs Funeral Home, in Mexia, where arrangements were pending Wednesday.

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Source: KWTX (Gately, 11/28)

When Non-Driving Factors Affect Auto Insurance Premiums

Automobile insurers may use factors unrelated to driving, like education and occupation, in determining rates.

Now, a consumer group is urging state insurance commissioners to restrict insurers’ ability to use those factors, arguing that the result has been unfairly high rates for lower-income drivers. Stephen Brobeck, executive director of the Consumer Federation of America, said in a call this week with reporters that premiums should mainly reflect factors like accidents, speeding tickets and miles driven.

The federation analyzed auto insurance premiums quoted on the Web sites of the five largest insurers (State Farm, Allstate, Geico, Progressive and Farmer’s) to price minimum liability coverage in five cities. Using an example of coverage for a 35-year-old woman with a good driving record, the study obtained quotes while varying characteristics like marital status, education level, occupation, home ownership and gaps in insurance coverage. Her driving record was the same in all instances.

The group found that in most cases, annual premiums were much lower if the woman was a married homeowner with a college degree, a professional job and continuous insurance coverage. In four of the examples, the premiums fell by at least 68 percent.

Premiums tended to be high if the woman was single, rented in a moderate-income area, had a high school degree, worked as a bank teller or clerical worker and had a gap in insurance coverage.

The analysis first obtained quotes for the “standard” example — a 35-year-old single bank teller with a high school degree and good credit record who rents a house in a moderate-income Zip code. The hypothetical woman had driven 15 years with no accidents or moving violations, and sought the minimum required liability coverage on a 2002 Honda Civic. Then, the researchers changed the criteria to see what the impact was on the quoted premium.

For instance, the “standard” quote of $2,696 from Progressive, for coverage in Baltimore, fell to $2,212 when the woman’s status was changed from single to married. And when all the criteria were changed to more a “favorable” status, the quote dropped to $718.

J. Robert Hunter, insurance director at the consumer federation, said a difference of nearly $2,000 based on non-driving factors is “patently unfair” and “actuarially unsound.”

Jeff Sibel, a spokesman for Progressive, said the insurer “works to price each driver’s policy as accurately as possible, so that every driver pays the appropriate amount based on his or her risk of having an accident.” He added: “To do this, we use many different rating factors, which sometimes include non-driving factors, that have been proven to be predictive of a person’s likelihood of being involved in a crash. Because different insurers use different information, which can cause rates to vary widely, we encourage consumers to shop around to find the combination of price and service that’s best for them.”

Alex Hageli, director of personal lines for the Property Casualty Insurers Association of America, disputed the federation’s position in an e-mail, saying that data have shown “consumers’ age, marital status, place of residence and occupation to be among the best predictors of future loss.” When such factors are “blended together” with criteria like driving experience, previous claims and vehicle age, he said, “these factors help to ensure that low-risk consumers can be better identified and pay less for insurance. In the final analysis, consumers benefit when insurance underwriting and rating decisions are based on a wide variety of fair and objective factors.”

Loretta Worters, spokeswoman for the Insurance Information Institute, an industry group, said in an e-mail, “What’s missing from the C.F.A.’s analysis is that every one of these factors that they attack is correlated, and highly correlated, with loss.”

Mr. Hunter of the consumer federation said his concern with using factors like occupation and education is that such factors are “surrogates” for criteria that states aren’t allowed to use in setting premiums, like income. At the very least, insurers should give less weight to non-driving factors in setting premiums, he said.

Los Angeles had the lowest quotes, he said, because California limits the use of non-driving factors in setting insurance rates. It is up to state insurance commissioners and legislatures to take action, he said, because auto insurance is regulated at the state level.

“We’re not trying to say get rid of these entirely,” he said. “We’re saying, you have to look at the combined effect and study these factors more carefully.”

Using non-driving factors drives up premiums, and forces many working families to drive without insurance, even though they risk paying fines or criminal charges for doing so. “Many low- and moderate-income citizens can’t afford required insurance because insurers use unfair rating factors,” he said.

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Source: The New York Times (Carrns, 9/28)