‘Affluenza’ teen may delay deportation with human rights law
At the time, many were outraged that a judge sentenced him to probation instead of jail time, slamming his now-notorious “affluenza” defense. The condition is not recognized as a medical diagnosis by the American Psychiatric Association, and the term drew widespread ridicule when it was employed.
In this case, authorities would be prevented from moving forward with Couch’s deportation until the issue of whether deportation would violate his rights is resolved.
Tonya Couch, 38, was deported from Mexico and escorted by U.S. Marshals, said Dave Oney of the U.S. Marshal Service.
No immediate charges were planned for others who may have known about or assisted with the flight plan, Anderson said.
Anderson said Couch and his mother, Tonya Couch, apparently crossed the border in her pickup and drove to Puerto Vallarta.
The mother and son were taken into custody Monday in Mexico, after authorities said a phone call for a pizza delivery led to their capture in the resort city of Puerto Vallarta. They did not resist arrest.
Almaguer Ramirez said Couch and his mother stayed first at a resort known as Los Tules, near the beach.
Mexican police say the fugitive “affluenza” teenager and his mother spent three days in a rented condo at a resort development in Puerto Vallarta before finding an apartment in a less glitzy area where they were found by police.
“The biggest problem is not just having a gun in your possession in Mexico, it’s having it transported from the United States”, Hernandez said.
The 48-year-old drove with her 18-year-old son to Mexico after a video surfaced showing the teenager at a party where alcohol was consumed by minors and games of beer pong were played by underage participants. If the judge rules in Couch’s favor, there could be a trial process in Mexico that can last for weeks or even months.
Her attorneys released a statement saying that though “the public may not like what she did, may not agree with what she did, or may have strong feelings against what she did”, she had done nothing illegal and wanted to get back to Texas as soon as possible.
Prosecutors in Texas have said she will be charged with hindering the apprehension of a juvenile. Jane Robinson, a spokeswoman for the Los Angeles County district attorney’s office, told NBC News that Tonya Couch would appear in court for an extradition hearing Monday or Tuesday.
An official with Mexico’s Migration Institute told Associated Press reporter E. Eduardo Castillo on Wednesday that 18-year-old Ethan Couch won a three-day court injunction. If he ends up on adult probation and violates that, he could land in jail for up to 40 years, Wilson said.
A probation violation hearing is set for January 19. U.S. Marshals Service spokesman Eugene Hwang said he could not reveal any details about her trip through California or say how long she might remain here, citing security concerns in transporting someone in custody.
The pair entered Mexico as tourists and exceeded their allowed length of stay. They fled to Mexico after officials in Tarrant County, Texas, began an investigation into whether Ethan violated the probation deal that kept him out of prison after he killed four people with his pickup truck in 2013.
He pleaded guilty to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury.
A judge sentenced him in juvenile court to 10 years’ probation and a stint in a rehabilitation center. He then missed a mandatory December 10 appointment with his probation officer. The police report said they behaved evasively, claimed to be carrying no IDs, gave inconsistent stories about their names and failed to provide proof of their legal migratory status in Mexico.