Judge Timothy Menikos of Tarrant County juvenile court deferred a
ruling on a move to transfer Ethan Couch's case to adult court
because his parents were not adequately notified about the
proceedings.
Couch and his mother, Tonya Couch, 48, were captured in Puerto
Vallarto, Mexico, last month after a manhunt of more than two weeks
sparked by allegations the teen violated his probation in the 2013
drunken driving case.
"We are examining the facts ... to determine whether he was taken
voluntarily or involuntarily to Mexico," attorney Scott Brown told
reporters.
Couch, held in a Mexico immigration detention center, may soon
return to Texas, Brown said, adding that his Mexican lawyers are
making moves to drop his fight against deportation.
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A Mexican migration official said Couch’s transfer to the United
States is not imminent.
"First, (Couch’s lawyers) have to withdraw the legal challenge ...
and even then it would take another month,” said Ricardo Vera, the
top migration official in Mexico’s central Jalisco state where
Couch’s legal case is being handled.
Tarrant County prosecutors contended Couch is responsible for his
own absence by fleeing to Mexico. His mother was returned to Texas
and faces a third-degree felony charge, accused of helping her son
flee, that could result in a 10-year prison sentence if she is
convicted. The teen's parents are divorced, and his father was not
present in court.
Couch was 16 when he was tried as a juvenile with a psychiatrist
testifying the boy had "affluenza" and his family's wealth had left
him so spoiled that it impaired his judgment to tell right from
wrong.
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The affluenza diagnosis, not recognized by the American Psychiatric
Association, was widely ridiculed.
A social media video emerged in December showing Couch at an
alcohol-laden party. The party was likely a violation of the
probation deal that kept him out of prison.
If Couch is found to have violated his probation, he could be held
in adult detention for about four months.
Lawyers for Couch want the proceedings in Fort Worth stopped because
he is not present. A new hearing date in the case was set for Feb.
19.
(Reporting by Marice Richter and Jon Herskovitz; Additional
reporting by Anahi Rama in Mexico; Writing by Jon Herskovitz;
editing by Alden Bentley and Cynthia Osterman)
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