Couch was charged with four counts of intoxication manslaughter and two counts of intoxication assault. Tarrant County prosecutors were seeking a maximum sentence of 20 years' imprisonment for Couch.[19][20]
G. Dick Miller, a psychologist hired as an expert by the defense, testified in court that the teen was a product of "affluenza" and was unable to link his actions with consequences because of his parents teaching him that wealth buys privilege. It was initially reported that, as part of his sentencing, their son would be sent for teen substance abuse and mental health rehabilitation to Newport Academy, an upscale residential treatment center in Newport Beach, California with costs upwards of $450,000 annually.[21][22] The facility offers a 90-day treatment program that includes horseback riding, mixed martial arts, massage and cookery, interpretive dance therapy, a swimming pool, basketball and six acres of land.[23]
Following a court hearing closed to the public, Judge Boyd instead sentenced Couch to an unspecified lock-down rehabilitation facility at his parents expense; the time Couch would have to stay there was also unspecified. Couch was ordered to stay away from drugs, alcohol, and driving. A hearing on April 11, 2014, revealed that on February 19, 2014, Couch had begun treatment "at the North Texas State Hospital, a state-owned in-patient mental health facility" in Vernon, Texas. Although the daily rate for the treatment facility is $715, Couch's parents were ordered to pay $1,170 per month for his stay there, based on the state's sliding-scale payment schedule. The amount ordered is the maximum allowed on the payment schedule. Couch's parents promised in court to pay the requested fee for their son's treatment.[24]
At least one relative of the crash victims complained of the lightness of Couch's sentence and that Couch had expressed no remorse.[25][26]
On April 13, 2016, a Texas judge tentatively ordered Couch to spend 720 days in jail.[27] He was released from jail on April 2, 2018.[28]
Reaction
Following the probation sentence, the Tarrant County District Attorney's office asked a juvenile judge to incarcerate Couch, on two counts of intoxication assault, saying there had been no verdict formally entered for those charges and "every case deserves a verdict."[29]
One psychologist who disagreed with Couch's sentence—Dr. Suniya S. Luthar, who specializes in "the costs of affluence in suburban communities"—maintains that research shows feelings of entitlement among affluent youth are a social problem, and that "we are setting a double standard for the rich and poor". Luthar asked, "What is the likelihood if this was an African-American, inner-city kid that grew up in a violent neighborhood to a single mother who is addicted to crack and he was caught two or three times … what is the likelihood that the judge would excuse his behavior and let him off because of how he was raised?"[30]
Writing in The Guardian, Texas student Jessica Luther points out that Couch's family's ability to pay for private therapy, i.e., their wealth, was intrinsic to the judge's reasoning for giving Couch a light sentence. An offender without their means would end up in the overcrowded, publicly supported Texas juvenile justice system where (the judge noted) Couch "might not get the kind of intensive therapy in a state-run program that he could receive at the California facility suggested by his attorneys".[31]
Another psychologist—Robin S. Rosenberg—has argued Miller's defense makes no sense because Couch could have learned that bad behavior has consequences in other areas of his life, and that a sentence to a luxurious rehabilitation home reinforces the message "that his wealth and privilege can obviate the negative consequences of his criminal behavior".[32]
Critics have also complained that the presiding judge—District Judge Jean Boyd—gave a much harsher sentence to another 16-year-old intoxicated driver 10 years earlier. In February 2004, Boyd sentenced Eric Bradlee Miller to 20 years, telling him, "the court is aware you had a sad childhood … I hope you will take advantage of the services [offered by the Texas Youth Commission] and turn your life around."[33] Miller had k**led one victim, not four, and had a much lower blood alcohol level (0.11% compared to Couch's 0.24%) but was from a much poorer family.[33][34]
However, according to The New York Times, it is unclear if Couch's family's wealth played a part in his sentence. "[I]t is not uncommon for minors involved in serious drunken-driving cases and other crimes to receive probation instead of prison time", and the sentence may be part of "a growing trend of giving a young person a second chance through rehabilitation instead of trying him as an adult".[7] Judge Boyd also has a prior history of attempting to place youths in rehabilitation rather than jail.[35]
The leading Republican and Democratic candidates in the 2014 Texas gubernatorial e******n, respectively, Greg Abbott and Wendy Davis, commented on the sentence. Davis referred to it as a "disgrace" and Abbott, Texas's attorney general, stated that his office was looking to appeal the case.[36]
At a February 5, 2014 hearing, Eric Boyles, whose wife and daughter were k**led in the crash, said "Had he not had money to have the defense there, to also have the experts testify, and also offer to pay for the treatment, I think the r
moldyoldy wrote:
He has shown his judicial bias, lust as in the sfluenza case, the judge sentenced a poor kid to twenty years and a rich kid to probation.