Have’s / Have Not’s

By Jay Goodman

Let’s take a look at the differences in social standings in Texas. The Lone Star State has from its inception created two different classes of people. Those who are considered the upper crust, and then there are those who get the privilege to serve their betters. Where else can a defendant pay a psychologist or psychiatrist to invent a disorder?

In 2013, Ethan Couch lost control of his family’s pickup truck after he and his friends had played beer pong and drank stolen beer from Walmart. He crashed into a crowd of people that were helping a driver of a disabled vehicle 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 had stopped to help her with her car, along with a Mother and daughter who had come out of their nearby home. Couch, 16 at the time was found to have a blood-alcohol level 3 times the legal limit for an adult driver. A psychologist told a Juvenile court that he was affected by “Affluenza”, or a better way to exp- lain it, irresponsible because his family is wealthy.

So what happened to him? A judge sentenced him to 10 years’ probation. Yes, probation for killing 4 people. If only (Charlie Man- son) would have murdered people in Texas! Please understand some- thing that’s very important to point out. The Texas prison system is flooded with young kids just like Couch. First time offenders who got into some trouble, and while I’m not saying they shouldn’t have come to prison. I would like to point out that while they might not be suffering from being too rich. A lot of them do suffer from psychological issues, that even to someone like me, can very easily see they have some serious mental problems. Some of them are border line retarded, and I have seen on some of their disciplinary reports, that their IQ is so low, it’s amazing that they can even brush their teeth.

 Now it may seem like I’m being hateful or mean, but I have to be honest so I can prove to everyone reading this, that what I’m saying is true. Here is this kid that has a good family, that has given him the world because of their wealth, and naturally they were able to hire him a great attorney and obviously a great psychiatrist. Who were able to convince the court that he suffered from being too rich. Well, what about these thousands of kids that really do have mental disorders? That may not suffer from being too rich, but suffer from retardation, or being beat as children, or abandon by their parents, because Mom and Dad are drug addicts, or just made a terrible mistake, because they got involved with the wrong group of kids? Shouldn’t they deserve a chance like this 16-year-old kid got? Of course, they should have. There are thousands of young men sent to prison for a lot less than what this kid did. The only difference is, this kids family has money. I call it the, “Have’s and the Have Not’s”.

Let’s take a look at the rest of Couch’s story. Couch was later jailed after attending a party where alcohol was being served. He then fled to Mexico with his Mother to avoid punishment. How sweet, let’s make Mom a criminal also. After they both got arrested and brought back to face charges, he was released in 2018 after serving nearly two-years in jail. But wait, there’s more. Almost sounds like a bad T.V. infomercial, doesn’t it? Now 22, he was jailed once again in Tarrant County Jail, for violation of probation, it seems the drug monitoring patch he was wearing returned a “weak positive” result to THC. But it is possible the patch was set off by legal CBD oil and it will take further testing to be sure. District Attorney Sharon Wilson said in a statement, “Yes”. The same Sharon Wilson who used to be a judge.

But it seems that she had her own personal problems with the sauce (alcohol). The Sharon Wilson who presided over Miguel Angel Bacilio TDCJ#1912589 cause No. 0630576 D on December 12, 1997. Who violated this Mexican National’s rights to due process. By forcing an Involuntary plea Bargain on Bacilio without his hired attorney being present. Then had J. Davis sign Bacilio’s plea agreement. As if she was the attorney on record. The same Sharon Wilson who agreed to allow Ethan Couch to post bail on this probation violation. Knowing he was a flight risk. D.A.’s don’t allow probation violators to post bond. They keep them on a Blue Warrant, just for the flight risk reason. I mean they had to chase him to “Mexico” the last time. And how could I forget, most murderers don’t receive probation. I could not help but think how his victims families must have felt about this? It’s called, “sentence disparity”. Unlike the fed’s who have a point chart. Texas allows judges and juries to access whatever punishment they wish. Because we live in a state that values wealth over righteousness.

Ask the average person on the street a legal question. 10 out of 10 times they won’t know the answer. Why? Because we elect people to do that for us. But what exactly did you vote in? I would bet Sharon Wilson’s campaign never mentioned her alcohol problem. Did her campaign slogan say, “Vote for Sharon Wilson, former drunk judge, D.A. for the rich and alcoholic?” I would say probably not. But who can say how she was elected? Damn Russians. It might sound like I’m being a smart ass, believe me I’m not trying to be. Maybe Sharon Wilson is a good lady who has made some bad mistakes in life, like the rest of us. And maybe she knows something about this kid Couch that led her to believe he wouldn’t run again? I am not even trying to cut down the D.A. and judge who gave Ethan Couch 10 years’ probation. I understand they were probably looking at this 16-year-old kid and felt compassion for him. Truthfully, I am glad this kid didn’t go to prison, because I already know what he would have turned into after a decade with the Puppetmasters. But there are thousands of Ethan Couch’s in the Texas prison system who deserved the same chance he got.

Now let’s take a look at the officer out of Temple, Texas, who fatally shot 28-year-old Michael Dean, who was unarmed during a traffic stop. Or we could review the shooting of 27-year-old Schaston Hodge, who was fatally shot during a traffic stop by two Texas Troopers. He had 16 gunshot wounds, including shots to the head, front and back torso, also both legs. Troopers Joshua Engleman2, and Robert Litvin shot him on August 17th, following what police described as a short pursuit, after the Troopers attempted to stop Hodge for failing to use a turn signal. Shandra Brackens-Hodge said in a statement to the Dallas Associated Press, “They killed my son like he was an animal. They shot my son 16 times; they almost blew his head off”. Now remember, this wasn’t behind a robbery, drive by shooting, rape, abduction, or murder. This was behind a failure to use his turn signal. Of course, Lt. Lonny Haschel of the States Department of Public Safety said, Texas Rangers investigated it and turned a report over to the Dallas County District Attorney’s office. A grand jury declined to indict the Troopers, imagine that. The entire incident was captured on video, and was presented to a Dallas County Grand Jury and returned a, “No Bill”. Haschel said in an e-mail, DPS has declined to release videos of the shooting. Sure, why not. I’m sure there’s nothing to hide.

Everyone reading this, you do realize where all Texas Rangers come from, don’t you? Bingo, the Texas Highway Patrol, DPS Divisions. The pair were working in Dallas as a part of Governor Greg Abbot’s decision to send Troopers to help Dallas police during an increase in violent crimes. When the Governor decided to send Troopers to Dallas, was he thinking, Storm Troopers? Was he binge watching Star Wars? Does he think he’s the Emperor? Does he think this is the Rise of the Empire? Really Man! You sent in, Mad Dog Killers, into Dallas who shot and killed a man for his failure to use a turn signal, A Turn Signal!

There’s blood on your hands also Governor. But again, that’s why you signed HB 3391 into law. You knew exactly what you had plans for. Again, showing the difference between the, “Have’s and the Have Not’s”.

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez