# Judge Lets Killer Drunk Driver Off Because He's Spoiled **URL:** \ **Category:** The BBQ Pit\ **Created:** [December 12, 2013, 12:00am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119 "2013-12-12T00:00:02Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![NotMyselfOfLate](https://avatars.discourse-cdn.com/v4/letter/n/df705f/32.png) [@NotMyselfOfLate](https://boards.straightdope.com/u/NotMyselfOfLate)\ **Post date:** [December 13, 2013, 11:25pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/61 "2013-12-13T23:25:39Z")
> [@TreacherousCretin](#): > > Nothing. What’s yours? Curiosity. It’s in my nature, often inappropriately expressed, along with using \*alright \*instead of _all right_.:smack: ---
**Author:** ![buddy431](https://avatars.discourse-cdn.com/v4/letter/b/6a8cbe/32.png) [@buddy431](https://boards.straightdope.com/u/buddy431)\ **Post date:** [December 13, 2013, 11:25pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/62 "2013-12-13T23:25:41Z")
How much do other 16-year-olds get when they kill someone on their first DUI? I bet not 20 years. Now granted, I tend to think that DUIs should carry harsher punishments, but the fact is that in the US we tend to be pretty OK with people drinking and driving, and it seems a little hypocritical to get all uptight about it when it’s a spoiled teenager doing it. What happens if you kill someone while driving sober? You get a “failure to yield” or something. What happens if you get your first DUI? You lose your license for a while. But suddenly if you kill someone on your first DUI, you deserve 20 years in prison? The solution is to punish all DUIs more, not to selectively punish those who get in accidents and let the lucky ones off light. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [December 13, 2013, 11:34pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/63 "2013-12-13T23:34:24Z")
> [@Saint\_Cad](#): > > Sometimes it’s necessary. No, it’s not. > [@](#): > > I was not making a gratuitous point rather I was pointing out that even a short stint in prison would do a lot to combat the entitlement issue the judge feels this kid has. A month of getting up/showering/eating/going to bed when someone tells you to, taking a dump with no privacy, fight or become property is a small price to pay for killing 4 people and just might put this kid on the right path if he really does have a problem knowing right from wrong. WTF? ---
**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\ **Post date:** [December 13, 2013, 11:46pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/64 "2013-12-13T23:46:00Z")
> [@buddy431](#): > > How much do other 16-year-olds get when they kill someone on their first DUI? I bet not 20 years. No, not 20 years. But not probation, either. I Googled “criminal negligence teen sentenced” and came up with five hits of similar issues in the first few pages – I also came across a slew of juvenile murderers (as in, premeditated shit), but that doesn’t really apply here. Here are the hits I found – I’m sure there are more. [http://www.ktvu.com/news/news/crime-law/teen-pleads-guilty-deadly-concord-crash/nSMXq/](http://www.ktvu.com/news/news/crime-law/teen-pleads-guilty-deadly-concord-crash/nSMXq/) [http://www.washingtonpost.com/wp-srv/local/daily/sept99/schoenfeld23.htm](http://www.washingtonpost.com/wp-srv/local/daily/sept99/schoenfeld23.htm) [http://www.wcmessenger.com/2013/update/jury-sentenced-teen-to-2-years-in-state-jail/](http://www.wcmessenger.com/2013/update/jury-sentenced-teen-to-2-years-in-state-jail/) [http://www.boston.com/metrodesk/2012/06/06/haverhill-teen-convicted-motor-vehicle-homicide-fatal-crash-tied-texting/ORSyThaV1G2Y3a3TAkANmI/story.html](http://www.boston.com/metrodesk/2012/06/06/haverhill-teen-convicted-motor-vehicle-homicide-fatal-crash-tied-texting/ORSyThaV1G2Y3a3TAkANmI/story.html) > **[Burnsville teen sentenced for high-speed crash that killed two](https://www.hometownsource.com/sun_thisweek/news/publicsafety/burnsville-teen-sentenced-for-high-speed-crash-that-killed-two/article_0da8ca65-6e4b-51cf-aa84-adb7b65506d2.html)** > > Driver will spend next two anniversaries of accident in jail I might have missed it, but I don’t think any of those were even DUI’s - just speeding (with an occasional text thrown in here and there. ---
**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\ **Post date:** [December 14, 2013, 12:25am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/65 "2013-12-14T00:25:48Z")
> [@LinusK](#): > > Uh, it’s not inevitable at all. Tons of people get arrested with blood alcohol higher than that, and don’t hurt anybody at all. Even more make it home without getting stopped by the police. Others take their eyes off the road for a minute, when they’re stone cold sober, and kill a family of four in a minivan. > > Again, he was 16. A sixteen year old is not an adult. And walks away scot-free with 4 bodies under his belt. One of his victims was 21, another was 24. they and two others are dead, the lives of their loved ones shattered. Not because the kid was 16, but because he was drunk and got behind the wheel. Your point that others have driven drunk without killing someone…well I don’t even know how that could be important. All’s well that end’s well, I guess? No harm, no foul? I hate to be an ass, but you got cites for stone cold sober drivers killing pedestrians or motorists. I mean those that we’re texting while driving, or looking in the back seat talking to their kids or looking for their CD holder or something else when their eyes were supposed to be on the road. To be clear, what I looking for is an accident without negligence. Where someone did NOT think that an activity other than driving was more important to focus on while they were driving. Because if they were doing that, I’m pefectly OK with them getting 10 years in prison too. The average weight of car is between 3 and 4 thousand pounds. Pickup trucks, like the one nimrod was driving, can weigh anywhere fromf 7500 to12,000 pounds. Add some speed that mass and you have something dangerous. And to try to operate it while impaired is criminal and by no means an accident. Idiot may not have intended that anyone die, but driving drunk is a bit like being blindfolded and firing a gun in random directions. You may not hit anything, but that’s just dumb luck. It is more than possible that you will. And what you do hit can get fucked up pretty bad. ---
**Author:** ![Larry\_Borgia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/larry_borgia/32/156_2.png) [@Larry\_Borgia](https://boards.straightdope.com/u/Larry_Borgia)\ **Post date:** [December 14, 2013, 12:35am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/66 "2013-12-14T00:35:09Z")
What is this kid supposed to be getting treatment for? ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [December 14, 2013, 2:07am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/67 "2013-12-14T02:07:07Z")
> [@buddy431](#): > > How much do other 16-year-olds get when they kill someone on their first DUI? I bet not 20 years. > > Now granted, I tend to think that DUIs should carry harsher punishments, but the fact is that in the US we tend to be pretty OK with people drinking and driving, and it seems a little hypocritical to get all uptight about it when it’s a spoiled teenager doing it. > > What happens if you kill someone while driving sober? You get a “failure to yield” or something. What happens if you get your first DUI? You lose your license for a while. But suddenly if you kill someone on your first DUI, you deserve 20 years in prison? The solution is to punish all DUIs more, not to selectively punish those who get in accidents and let the lucky ones off light. I’ve said before that if you want to kill someone and get away virtually scot-free, all you need to do is get drunk and use your car. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [December 14, 2013, 2:24am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/68 "2013-12-14T02:24:55Z")
> [@Cat\_Whisperer](#): > > I’ve said before that if you want to kill someone and get away virtually scot-free, all you need to do is get drunk and use your car. That episode of _Quincy_ says otherwise. Anyway, a case like this make me pine for the days of public flogging. ---
**Author:** ![LavenderBlue](https://avatars.discourse-cdn.com/v4/letter/l/e95f7d/32.png) [@LavenderBlue](https://boards.straightdope.com/u/LavenderBlue)\ **Post date:** [December 14, 2013, 2:35am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/69 "2013-12-14T02:35:30Z")
> [@LinusK](#): > > Again, he was 16. A sixteen year old is not an adult. Then don’t give the little fuck the death penalty. But he’s an asshole who is at least in part responsible for four dead people. Ten years serious jail time and he’s never allowed to drink and must take the damned bus for the rest of his life is hardly an unreasonable punishment. I don’t want this fucking piece of shit behind the wheel anywhere ever again. The judge and his shitty parents should be held personally liable if he even so much as nicks someone’s toe with a bike. I hope the families of every last victim sue the bastard’s parents for every single penny they have. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [December 14, 2013, 3:03am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/70 "2013-12-14T03:03:34Z")
Well, if the parents owned and had raised a dog that had killed four people, they’d be liable even if the dog himself was not considered responsible for his actions so… sure… sue them good and hard. ---
**Author:** ![Grumman](https://avatars.discourse-cdn.com/v4/letter/g/43a26b/32.png) [@Grumman](https://boards.straightdope.com/u/Grumman)\ **Post date:** [December 14, 2013, 3:13am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/71 "2013-12-14T03:13:49Z")
> [@LavenderBlue](#): > > But he’s an asshole who is at least in part responsible for four dead people. He’s entirely responsible for four dead people. If he’d chosen not to commit any one of the four crimes that caused these deaths, they would still be alive. Take him behind the shed, shoot him, and tell the parents not to fuck it up next time. ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [December 14, 2013, 3:14am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/72 "2013-12-14T03:14:04Z")
> [@Larry\_Borgia](#): > > What is this kid supposed to be getting treatment for? Affluenza. Costs his dad $500k and he has to live on a mountaintop in California for a while with one-on-one counseling, but chances are good he’ll pull through. ---
**Author:** ![TreacherousCretin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/treacherouscretin/32/476_2.png) [@TreacherousCretin](https://boards.straightdope.com/u/TreacherousCretin)\ **Post date:** [December 14, 2013, 7:25am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/73 "2013-12-14T07:25:48Z")
> [@NotMyselfOfLate](#): > > Curiosity. It’s in my nature, often inappropriately expressed, along with using \*alright \*instead of _all right_.:smack: On second thought… I think that judge is an idiot, and I was curious to see what such a person looks like. Just to have a face for him. Or her, as it turns out. I guess I posted the link for anyone else who might be interested. By the way, your headsmacker made me investigate the word “alright”, which I’ve always thought was a real word. Ignorance fought. ---
**Author:** ![Mtgman](https://avatars.discourse-cdn.com/v4/letter/m/b5a626/32.png) [@Mtgman](https://boards.straightdope.com/u/Mtgman)\ **Post date:** [December 14, 2013, 7:54am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/74 "2013-12-14T07:54:43Z")
> [@Oakminster](#): > > Damn. I bet even the defense lawyers were surprised that worked. Personally I’d bet there is more to it. The media reports about [the twinkie defense](http://www.snopes.com/legal/twinkie.asp) are coming to mind at the moment. Enjoy, Steven ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [December 14, 2013, 8:26am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/75 "2013-12-14T08:26:38Z")
> [@MsRobyn](#): > > I’m sure that there are lawyers lined up around the block offering their services to the next of kin of the victims. Suing the kid and his family into the next millennium seems to be the logical next step. After all, if they’re that rich, they’re worth suing. It has already begun. From The New York Times, December 13: Teenager’s Sentence in Fatal Drunken-Driving Case Stirs ‘Affluenza’ Debate > [@](#): > > Two teenagers riding in the bed of the pickup were thrown from the vehicle. One of them, Sergio Molina, 15, suffered a severe brain injury and remains in a minimally responsive state. His family filed a suit against Mr. Couch, his parents and his father’s company. > > Bill Berenson, a lawyer for Mr. Molina’s parents, said his clients were stunned by the sentence. “Their son is paralyzed, four people are dead and the perpetrator gets his wrists slapped,” he said. “How could they not feel that his affluence kept him from serving time?” (Daddy’s company is involved because Kid was driving a pickup truck owned by Daddy’s company.) This could actually be a big-dollar case, since the brain-damaged kid is still alive and will probably need big-dollar care for a long long time. ---
**Author:** ![Waenara](https://avatars.discourse-cdn.com/v4/letter/w/50afbb/32.png) [@Waenara](https://boards.straightdope.com/u/Waenara)\ **Post date:** [December 14, 2013, 9:40am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/76 "2013-12-14T09:40:37Z")
I don’t know about sentencing guidelines in Texas, but I found [this report](http://www.tdcaa.com/node/1543) of another 16-year-old in Texas who plead guilty to DWI and two counts of intoxicated manslaughter. His sentence was much harsher than the case in the OP. > [@Texas District & County Attorneys Association](#): > > Jaime Arrellano, of Carthage, pleaded guilty to two counts of intoxicated manslaughter and one charge of intoxicated assault. He was sentenced to 20 years in prison for causing the death of Martha Fidela Mondragon, 31, of Tyler, in the June 23 wreck. Arrellano was also sentenced to 16 years in prison for causing the death of Ms. Mondragon’s unborn child and 10 years for injuring 6-year-old Bianca Mondragon. > > Judge Cynthia Stevens Kent, of the 114th District Court, also assessed a $5,000 fine and ordered that the sentences run at the same time. Arrellano, who was certified to stand trial as an adult, will be eligible for parole after serving 10 years in prison because Judge Kent found that Arrellano used a deadly weapon - his vehicle - during the offense. > > Arrellano, who used a Spanish-speaking interpreter, cried as Ms. Mondragon’s niece spoke to the defendant on behalf of the family during victim allocution. So Arrellano is also 16 years old, and he was sentenced to 20 + 16 + 10 years in prison (albeit served concurrently), and he killed less people than RichyRichAssole. He won’t be eligible for parole for 10 years since his judge decided his vehicle was a deadly weapon. It doesn’t say anything about his socioeconomic status or upbringing, but given that he used a Spanish interpreter in court I would think it’s unlikely that he can claim any type of affluenza or spoiled upbringing. ---
**Author:** ![dasmoocher](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@dasmoocher](https://boards.straightdope.com/u/dasmoocher)\ **Post date:** [December 14, 2013, 10:29am UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/77 "2013-12-14T10:29:51Z")
> [@Bryan\_Ekers](#): > > That episode of _Quincy_ says otherwise. IIRC, the point of the [episode](http://www.imdb.com/title/tt0681764/) was that you could get away with murder if it was disguised as drunk driving: > [@](#): > > “DUI” is a strange episode. While it has a wonderful twist, it also presents a very strange and confusing message about drunk driving. The show begins with a guy in a Rolls Royce driving about town erratically. He then plows into a man on the sidewalk–killing him. Here is where it’s odd–AFTER he runs over the man, instead of hiding the booze, he begins drinking more! Then, he freely admits he was drinking but fights hard against receiving any sort of substantial penalty for the crime. Since this is ancient, I’ll spoil it IIRC. Quincy compares the driver’s (a lawyer) BAC from the arrest to blood collected from a hematoma on his knee (or some type of sample) caused by the crash . The hematoma BAC is negligible. The lawyer knew he could get away with murder if it looked like a drunk driving accident because of the lax punishment and starting drinking right before and after the “accident” to get his BAC up. And it looks like he will until the crusading Quincy finds him out. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [December 14, 2013, 12:22pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/78 "2013-12-14T12:22:18Z")
> [@Senegoid](#): > > It has already begun. From The New York Times, December 13: > Teenager’s Sentence in Fatal Drunken-Driving Case Stirs ‘Affluenza’ Debate > > > [@](#): > > > > Two teenagers riding in the bed of the pickup were thrown from the vehicle. Riding in the bed of a pickup? Brilliant. Yes, I do know that I’m posting this comment from Georgia, USA. ---
**Author:** ![Ace309](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ace309/32/1050_2.png) [@Ace309](https://boards.straightdope.com/u/Ace309)\ **Post date:** [December 14, 2013, 12:52pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/79 "2013-12-14T12:52:54Z")
> [@Saint\_Cad](#): > > Sounds like this kid should have been sentenced to 30 days general population. That would be enough to cure his affluenza especially week 3 as he gets passed around as currency. So, just so we’re clear, you think it’s a shame he won’t be raped. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [December 14, 2013, 1:19pm UTC](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119/80 "2013-12-14T13:19:42Z")
Yeah yeah yeah… dance the outrage duet. That guy should get as asspounded, how dare you suggest rape as punishment… [Previous page](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119.md?page=3) [Next page](https://boards.straightdope.com/t/judge-lets-killer-drunk-driver-off-because-hes-spoiled/676119.md?page=5)