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HUNTSVILLE, Texas (AP) — One 16-year-old drove drunk, ran a red light and crashed into a pregnant woman's car, killing her and her unborn child. Another drunken teenager rammed a pickup truck into a crowd of people assisting a stranded driver, killing four.
Jaime Arellano went to prison. Ethan Couch went free.
The stories of the two Texas teens illustrate how prosecutors' decisions in similar cases can lead to wildly different outcomes. The poor immigrant from Mexico has been behind bars for almost a decade. The white kid with rich parents got 10 years of probation.
Couch lost control as he drove his family's pickup truck back to a party where he and some friends had been playing beer pong and drinking beer that some of them had stolen from Wal-Mart. The vehicle veered into a crowd of people helping the driver on the side of the road. Authorities later estimated that he was going 70 mph in a 40 mph zone.
The crash fatally injured the stranded motorist, a youth minister who stopped to help her and a mother and daughter who came out of their nearby home.
But prosecutors in Fort Worth said they didn't ask to have his case moved to the adult system because they thought the judge would refuse. Instead, he stayed in juvenile court and became infamous for his psychologist's assertion that his wealthy parents coddled him into a sense of irresponsibility the psychologist called "affluenza."
Arellano was charged with intoxication manslaughter and intoxication assault, the same counts against Couch. But prosecutors in Arellano's case moved quickly after his June 2007 crash to send him to adult court. Arellano took a plea deal and got 20 years in prison, where he remains today.
Sending Arellano's case to the adult system opened the door to the kind of punishment many say Couch should have received from the beginning.
Matt Bingham, the Smith County district attorney and head of the office that prosecuted Arellano, declined to comment on Couch's case but said he considered adult prison to be a fair option for any teenager who has killed someone.
Juveniles don't always commit "what people think of as juvenile crimes," Bingham said. "There is an appropriate punishment for what they have done. And the fact that they're 16 years of age doesn't negate that."
Arellano could never have argued he had "affluenza."
Arellano and his family crossed the U.S.-Mexico border illegally two years before the crash and settled in East Texas. He spoke little English and had little knowledge of the court system. Five months before the crash, he dropped out of high school.
Now 24, he spoke to The Associated Press about his case from behind a narrow glass partition at a Texas prison. Wearing a white inmate uniform, he spoke in soft, accented English that he said he learned while in prison.
Arellano had his first beer at 15 and had driven drunk a few times before. His parents tried to stop him from driving under the influence, but he said he wouldn't listen.
"They talked to me way too many times," he said. "But I just didn't want to hear it."
On the night of June 23, 2007, Arellano was driving an SUV through Tyler, about 100 miles east of Dallas, on his way to a party. He had an open beer and several more in a cooler.
Witnesses saw him swerve through the intersection and slam into a Ford Mustang making a left turn ahead, according to police reports.
Driving the Mustang was Martha Mondragon, a 31-year-old woman who was nine months' pregnant. Mondragon and the child she was carrying were killed. Her 6-year-old daughter flew out of her booster seat and through a car window. She was hospitalized and survived.
Prosecutors quickly sought to have Arellano's case moved to adult court, and a judge agreed.
At that point, Arellano faced two choices: a plea deal with the promise of 20 years in prison and possible parole after a decade, or a jury trial in one of the most conservative regions of the United States and the risk of 50 years in prison. He took the plea.
While he once thought he might have gotten probation if he were white, Arellano said he doesn't feel that way today.
"I know it was serious," he said. "It had to happen this way so I could better myself, so I could think better."
Arellano becomes eligible for parole next year. Once released, he expects to be deported to Mexico, where he hopes to work on a ranch.
Couch faces possible detention for violating his probation when he returns to court on Feb. 19. Depending on the judge's ruling, he could get three months in jail and adult probation, which if violated could land him in prison for up to 40 years.
In the juvenile system, intoxication manslaughter cases in Texas over the last decade were just as likely to result in probation as they are detention, according to figures from the Texas Juvenile Justice Department. Juvenile justice experts say the state's juvenile system places more weight on rehabilitation than the adult system, where punishments are tougher.
Since 2005, Texas has prosecuted 38 juveniles for intoxication manslaughter or intoxication assault. Only three were sent to the adult system, and half of all cases resulted in probation of some kind.
Those numbers do not include juveniles who commit similar offenses but might be charged with different crimes or cases not reported by local authorities to the state.
Once juveniles are in detention, it's more likely than not that they will go free when they turn 19. Only 33 percent of all juvenile offenders are sent to adult prison, according to a study of juvenile sentencing conducted by the University of North Texas professor Chad Trulson.
Trulson said a probation sentence for killing four people might seem "absurd" to the average person.
But in the juvenile system, he said, that type of sentence for intoxication manslaughter and potentially more serious offenses "is probably more typical than we would think."
AUSTIN, Texas (AP) — Two state health researchers in Texas are under fire for co-authoring a study suggesting what Republican leaders have long disputed: cuts to Planned Parenthood are restricting access to women's health care.
Texas Health Commissioner Chris Traylor has not said whether the researchers, one a high-level director with more than 20 years in state government, will be disciplined. But a spokesman made it clear that the agency agrees with outraged Republicans over the researchers' contributions to a study that the GOP sees as flawed and biased.
The study was published last week in the New England Journal of Medicine, one of the most prominent medical journals in the nation. It found that fewer women in Texas have obtained long-acting birth control, such as intrauterine devices, after the GOP-controlled Legislature booted the nation's largest abortion provider from a state women's health program in 2013. Births paid for under Medicaid also increased among some women.
Powerful Republican state Sen. Jane Nelson dismissed the findings as invalid, in part because the research was funded by the nonprofit Susan T. Buffet Foundation, which is a major supporter of Planned Parenthood and other abortion rights groups.
She also questions why two state health employees were among the study's five co-authors.
"It's one thing for an agency to provide data upon request. It's quite another to be listed as a 'co-author' on a deeply flawed and highly political report," said Nelson, an architect of Texas' current women's health program. "I've communicated strong concerns to the agency. This should not have happened, and we need to make sure it doesn't happen again."
Texas Health and Human Services spokesman Bryan Black said the agency "completely agrees" with Nelson and that the agency didn't know of the study until it was published.
He did not comment on whether action will be taken against the researchers — Rick Allgeyer, the director of research and an influential decision-maker in the sprawling 55,000-employee agency, and Imelda Flores-Vazquez, who joined the agency in 2014 and is a program specialist, according to a LinkedIn page.
She and Allgeyer have not returned phone messages and emails seeking comment. The study used data from the Health and Human Services agency, where the researchers work, though the extent of their role in the study is unclear.
Peter Schenkkan, an Austin attorney and one of the study's authors, said he is disappointed that anyone would deem the contributions inappropriate.
"The first step of a public official should be to face the facts. Not to punish those who bring the facts to them," said Schenkkan, who was lead counsel for Planned Parenthood in court over its exclusion from the state health program.
Planned Parenthood officials said the study showed the impact of "politically motivated" decisions.
"The truth hurts. Unfortunately for Texas officials, disliking a study doesn't make it not true," said Yvonne Gutierrez, executive director of Planned Parenthood Texas Votes.
Flores-Vazquez and Allgeyer had their names on the top of the study, along with Schenkkan and two University of Texas researchers who are analyzing the impact of women's health laws passed by the Texas Legislature in recent years. School researchers say the Buffet Foundation plays no role in their work.
Joseph Potter, one of the university researchers and the senior author of the Planned Parenthood study, said in an email that he was not in a position to comment on reaction to the study.
Texas barred Planned Parenthood from state planning services the same year that then-Gov. Rick Perry signed tough abortion restrictions that shuttered clinics across the state. Those restrictions will go before the U.S. Supreme Court next month in a major abortion rights case that will likely impact similar measures adopted in other GOP-controlled states.
BRASILIA, Brazil (AP) — Brazil has signed an agreement with a Texas research hospital to develop a vaccine against the Zika virus, the country's health minister said Thursday, adding the goal is for the vaccine to be ready for clinical testing within 12 months.
Minister Marcelo Castro said at a news conference that the government will invest $1.9 million in the research, which will be jointly conducted by the University of Texas Medical Branch in Galveston and the Evandro Chagas Institute in the Amazonian city of Belem — two facilities specializing in study of mosquito viruses.
He said the Health Ministry also has reached vaccine partnerships with the U.S. Centers for Disease Control and Prevention and is looking to work with pharmaceutical giant GlaxoSmithKline because of its role developing a vaccine against Ebola after a deadly outbreak in West Africa in 2014.
Brazil's Zika outbreak has become a public health crisis since researchers here linked the mosquito-borne virus to a surge in a rare birth defects compromising infants' brains. The connection has yet to be scientifically proven, but the CDC has pointed to strong evidence of a link between the two and called on pregnant women to avoid travel to 26 countries and territories in the Americas with active outbreaks.
Brazilian officials have previously said any vaccine for Zika could take as many as five years but Castro on Thursday said he was more optimistic, saying that it could be ready for distribution within three years.
As part of a stream of foreign researchers and regulators arriving to the South American nation in the coming days, representatives from the U.S. Food and Drug Administration will meet with their Brazilian counterparts to ensure that clinical testing of the vaccine can take place as quickly and smoothly as possible.
"This isn't just Brazil's concern; it's the world's concern," he said.
While Castro said the government's main focus now is on quickly developing a vaccine, reports about the virus' evolution continue to emerge.
On Thursday authorities reported a third adult death in Brazil with possible links to Zika: a 20-year-old woman who died last April in Rio Grande do Norte state after being hospitalized with a severe respiratory problems.
Castro said doctors had been perplexed by the death, which occurred before the Zika outbreak had been discovered and was originally classified as a result of pneumonia. But test results made known this week confirmed traces of Zika in the woman's blood.
"We're still studying this in greater detail," Castro said, cautioning that it's impossible to know what role, if any, Zika caused in her death that the death, which was reported to the WHO.
Castro said World Health Organization chief Margaret Chan is expected to visit Brazil on Feb. 23 to help coordinate the government's response with other agencies around the world. An initial delegation of 15 researchers from the CDC was slated to arrive in Brazil on Friday, he added.
In a separate news conference, Defense Minister Aldo Rebelo said some 220,000 members of Brazil's Armed Forces would be taking part in a nationwide effort on Saturday to educate the population on how to eliminate mosquito breeding in and around their homes.
Rebelo said the troops will go door-to-door to hand out pamphlets and would not enter people's homes or apply insecticide. He said the troops required further training on how to use insecticide, adding that just over 3,000 so far have been trained on how to use the products.