Texas man walks free after alleged rape leaves 2-year-old girl in pool of blood

a reply to: Dreamwatcher

Nein. While the cops in that part of the world can be utterly ridiculous (Im looking at you Eden, TX), deferred adjudication is a favor done to someone who has a low level crime. Steal $200 in Ralph Lauren, you will likely only get a deferred ajudication (and have to enroll in a program like Stoplifting, which is an insult to any normal persons intelligence).

Deferred adjudication is not for real crime.

originally posted by: seagull
a reply to: Kangaruex4Ewe

Absolutely she bears some blame.

I've always thought it was up to the parents to protect their kids... Mine sure as hell did. When did this change?

I'd kill, even die, to protect the kids in my life. ...and I watch the people around them like a hawk.

Absolutely.

I don't recall saying that he didn't need to be blamed. Had it been my child there would have likely been no need for a trial. However, I would not have different men drifting in and out of her life like so many do.

Why folks feel the need to ignore that the odds go up of having your child abused (sexually or otherwise) the more people you allow to live in your home and have alone with your children is beyond me. And now saying such a thing is somehow advocating for the abuser. It's ludicrous at best and is furthering the line of thought that nobody is really responsible for anything anymore. It's always someone else.

a reply to: doobydoll

That's an interesting angle you thought up Dooby.
What role to for-profit prisons play in sentencing these days?
Those 2 slimeball judges up in PA were given 20 years for sending innocent kids to prison so we know the influence is definitely there.

As for the OP count me in for vigilante duty.

originally posted by: tinymind
a reply to: Spider879

With this happening in Texas, I'm just glad the girl was not raped.
If she was and had become pregnant, she would have to carry the baby to term and possibly die during it's birth.

Yes, some laws just make no sense at all.

What law is that? There isn't any law in Texas stating that.

Fail.

originally posted by: Asktheanimals

That's an interesting angle you thought up Dooby.
What role to for-profit prisons play in sentencing these days?

In Texas, little to none. Most private prison's are contracted by the fed's, or set up as pre-release centers. County run private facilities can house prisoners for counties in state or out of state, which have no space. There are still a few running substance abuse centers, and might still be a few housing minimum custody inmates. Private prisons came and went in Texas for the most part.

originally posted by: akira131
a reply to: Spider879

This has outraged the community. They claim they had no other choice because having the victim testify could have let him walk. This is a dumb statement. Any jury would have thrown the book at him.

No they wouldn't. It's he said/she said and the victim isn't mentally competent. The guy never admitted guilt, and there's no evidence linking him to it since there's no witnesses and no DNA. You need to prove beyond a reasonable doubt to convict and you can't even prove he was next to the girl much less assaulting her.

a reply to: Kangaruex4Ewe

Or two children close to you.

I've said this before on the boards... There were, once upon a time, three dead males walking this earth... One was my ex brother in law, he died in prison. One was his son, who also died in prison. The other is my brother, who will die in prison, if he's lucky. He's too stupid to realize that only one thing awaits him from me.

I know this contradicts a lot of things I say on this topic here on ATS. I realize this, but it is what it is.

a reply to: Aazadan

No evidence linking him to the incident? Hmmm...

What about the beer cans and bloody wipes with the DNA all over them, that he never tried to hide, but had not been spotted by the child's mother until later on, that were all taken into evidence?

originally posted by: TrueBrit
a reply to: Aazadan

No evidence linking him to the incident? Hmmm...

What about the beer cans and bloody wipes with the DNA all over them, that he never tried to hide, but had not been spotted by the child's mother until later on, that were all taken into evidence?

Circumstantial unfortunately.

You can look at this one of two ways, and in reality it's probably a mix of both. First, the prosecutor offered this deal because they didn't have a good case. Second, the defense took the deal because it was relatively low risk.

A lot of times a prosecutor will offer a deal that looks great on the surface as this does because they strongly suspect the guy is guilty but they can't prove it. However the deal will carry with it a very long probation term, where they essentially hope the guy messes up, and it works a high percentage of the time. Depending on the probation terms it can be nearly impossible to not mess up.

He would honestly be better off with something like a year in jail than 10 years of probation, and the prosecutor knows that.

originally posted by: bigfatfurrytexan

Deferred adjudication is not for real crime.

In this instance, deferred adjudication seems the only way to beat the odds. With not enough evidence to get a conviction, this plea deal gets an admission of guilt without trying to get one in court. Community Supervision (probation), for 10 years is a long and perilous road for him.

Would you rather he walk completely free? Not me. This is the best they could get, sucks, but I'll put my money on him screwing up.

a reply to: Aazadan

Well that is just dandy then!

Only trouble being, when I mess something up, its stuff like getting the wrong sandwich filling, or missing a beat on my bass, or putting my T-shirt on inside out or back to front.

When this piece of garbage messes up, someone's life could get ruined. I think its fair to say that the terms of this deal are, that if he manages not to do this to someone else's kid for ten years, he gets a pass. Oh sure, he's got to jump through some fairly stern hoops of course, but REALLY? The guy should never see daylight, let alone the freaking paper boy in the morning!

originally posted by: TrueBrit
a reply to: Aazadan

Well that is just dandy then!

Only trouble being, when I mess something up, its stuff like getting the wrong sandwich filling, or missing a beat on my bass, or putting my T-shirt on inside out or back to front.

When this piece of garbage messes up, someone's life could get ruined. I think its fair to say that the terms of this deal are, that if he manages not to do this to someone else's kid for ten years, he gets a pass. Oh sure, he's got to jump through some fairly stern hoops of course, but REALLY? The guy should never see daylight, let alone the freaking paper boy in the morning!

He got adjudicated probation, in theory that means he got away with it but in practice it's actually worse than an actual conviction. Just how bad it is will depend on his individual probation terms but it's much more than just not raping another person. Typically the court will impose several conditions such as having final say on any employment, requiring weekly payments to the court, regular drug and alcohol tests, surprise visits to make sure his home is acceptable, and several other things. Essentially, the court tries to set the person up to fail and with their ability to effectively set the persons income, mandate the home they rent, and require fines of them that's not hard to do.

What separates adjudicated probation from regular probation is that in a regular probation you plead guilty and get the probation in lieu of jail time. Under adjudicated probation you're never found guilty, instead the court withholds judgment until the probation is successfully completed. If it's not completed, the person typically gets the maximum jail sentence on top of all the probation and fines paid, and since they get the maximum it's likely worse than what they would have been sentenced to had they not even attempted the probation. To be perfectly honest, I'm surprised adjudicated probation is even legal because it usually imposes a sentence even harsher than the max allowed by law, but it remains legal. He may be walking for now, but I assure you he didn't get off easy.

originally posted by: Aazadan


He got adjudicated probation, in theory that means he got away with it but in practice it's actually worse than an actual conviction. Just how bad it is will depend on his individual probation terms but it's much more than just not raping another person. Typically the court will impose several conditions such as having final say on any employment, requiring weekly payments to the court, regular drug and alcohol tests, surprise visits to make sure his home is acceptable, and several other things. Essentially, the court tries to set the person up to fail and with their ability to effectively set the persons income, mandate the home they rent, and require fines of them that's not hard to do.

What separates adjudicated probation from regular probation is that in a regular probation you plead guilty and get the probation in lieu of jail time. Under adjudicated probation you're never found guilty, instead the court withholds judgment until the probation is successfully completed. If it's not completed, the person typically gets the maximum jail sentence on top of all the probation and fines paid, and since they get the maximum it's likely worse than what they would have been sentenced to had they not even attempted the probation. To be perfectly honest, I'm surprised adjudicated probation is even legal because it usually imposes a sentence even harsher than the max allowed by law, but it remains legal. He may be walking for now, but I assure you he didn't get off easy.

He faces up to 99 years in prison if his probation is revoked:

"It was a very difficult decision," Ferguson said. John Young, speaking on behalf of his client, echoed the same sentiment. "It was a difficult decision for Tom to accept a plea offer in the case; but under the circumstances, we came to the conclusion that it would be in his best interest to accept the agreement," Young said. Injury to a child is a "3G" offense, Ferguson explained, and has a punishment range of up to 99 years incarceration. "...if the Defendant is unable to complete his probation, he faces up to 99 years in prison with the harsher parole rules of 3g offenses,” Ferguson said.

www.dreamindemon.com...

I tried to find the terms of his probation, but could not. I can safely bet one of them is 500 or 1000 ft restriction from anyplace children gather. Hell, he probably violated that walking out of the courthouse.

His goose is cooked, he will not be free for long and I would not be surprised if he got the full 99 years.

a reply to: Spider879
poor little thing,sick bustard. People that do stuff like that are too evil to stay alive....and WILL do it again
the best use for a bullet ive ever heard of........or a pool ball in a sock.......or a frontal labotomy with a shovel....

sounds like this woman's father, uncle/s, brothers, need to have a little happy getting out of jail party for this fella.
with a mid evil based theme.

a reply to: Spider879

seriously WTF

This made me feel sick to the very depths of my soul...how can he get away with this?

Someone needs to vigilante his goddamn life!

originally posted by: LightAssassin
a reply to: Spider879

seriously WTF

This made me feel sick to the very depths of my soul...how can he get away with this?

Someone needs to vigilante his goddamn life!

Read a few posts up, he didn't get away with this. There's a near overwhelming chance he will do life in prison for a parole violation, he just gets a few months of freedom to hang himself first.

a reply to: Spider879

wow dude just wow. i guess things are different until you can see first hand the situation.

the debate on this thread just... wow.

I mean... i am not trying to demonize anyone but... the back and forth here is just not the same as the community it happened in. very far from it in fact. all the info on the case is public knowledge and in the public domain now so the smallest amount of research will show you what the state had. the sworn statements of all involved.

::head spinning::

Death Penalty.

originally posted by: Dreamwatcher

His goose is cooked, he will not be free for long and I would not be surprised if he got the full 99 years.

This is a situation where if he is in jail the rest of his life within 6 months to a year then all is good no matter the charge, if he is still walking free then we totally screwed up as a society. All I can say is if it was my child he wouldn't make it much past the point he is scott-free....