Since Ethan was originally placed on determinate sentence probation
in December 2013, all knowledgeable involved parties have anticipated that
his probation would be transferred to an appropriate District Court upon his
nineteenth birthday in accordance with section 54.051 of the Texas Family
Code. As expected, in November 2015, the State filed a Motion seeking
transfer of Ethan's determinate sentence probation. As was stated yesterday
in open court, the hearing on the State’s Motion to Transfer to an appropriate
District Court has been reset.
It is our understanding that paperwork has been filed by Ethan’s counsel
in Mexico that will terminate the ongoing Mexican immigration proceedings.
We believe that this will result in Ethan’s return to the United States within the
next few weeks. We anticipate that Ethan will be present in the 323rd Judicial
District Court at the upcoming hearing on the State’s Motion to Transfer. We
further anticipate that, with Ethan personally present for the proceedings, the
Court will lawfully transfer Ethan’s probation to an appropriate Tarrant County
District Court. As expressly provided for by section 54.051(d) of the Texas
Family Code, that transfer will take effect upon Ethan’s nineteenth birthday.
Given the limited nature of the matter currently pending before the Court
and the legal confidentiality applicable to juvenile justice matters under Texas
law, it would not be appropriate for us to address any other issues concerning
Ethan’s case at this time.
Scott Brown and Wm. Reagan Wynn
Counsel for Ethan Couch