SAN ANGELO, TX -- Austin Ray Carpenter was formally sentenced to 13 years in prison in the Tom Green County Courthouse Friday.
Judge Brock Jones followed prosecutor’s recommendations after the short trial Wednesday. The prosecuting attorney had asked for more than 12 years for the 20-year-old Latin Kings gang member out of a possible two to 20 years for the aggravated assault with a deadly weapon charge.
Also during the proceeding, attorneys agreed to dispose of the two additional charges against Carpenter. He is charged with two counts of possession of methamphetamine. Jones accepted the plea deal which sentences Carpenter to five years in prison and fines totalling $360.
Prosecutors painted a picture of a dangerous gang member who is a threat to society, presenting law enforcement witnesses who described Carpenter as a member of the Latin Kings gang and flaunting his exploits on facebook.
His defense attorney described a troubled 20-year-old whose mother was in prison and whose father committed suicide while on the phone with his son. Carpenter admitted that he was on meth most of the time.
Carpenter will serve the 13 year sentence in the Texas Department of Criminal Justice Institutional Division less the approximately 15 months credit for time already served in jail. He will be eligible for parole in about 5 years.
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To the Honorable Yantis Green,
I am Rudy Taylor, Attorney, and Austin is my client. I vigorously defended him in the Revocation Hearing where he was sentenced to 13 years in prison for relapsing on meth. Austin should have been offered services for addiction; not prison.
Prosecutors offered him 7 years deferred adjudication probation for the underlying case, an Aggravated Assault with Deadly Weapon case where a gun was fired. Why? Because they knew they couldn't get a conviction. The so-called victim in that case was arrested for meth and public intoxication the very night of the offense. The only evidence linking Austin to the gun in any way was a female meth addict who later recanted her statement. We, us, they, them, have got to come up with a better plan for drug use in this country. The war on drugs hoax was exposed years ago. Our own conservative legislators had great vision when they created the SAFP Program in Texas. It has the potential for lowering the recidivism rate from 29% to 68% according to Executive Director Tony Fabelo, Ph.D. The big change occurs when the intervention of Community Supervision Officials and prosecutors takes into account relapse as a normal incident of recovery from meth addiction and SAFP is used rather than a draconian measure such as prison. The absolute highest percentage demographic sent to SAFP? See picture of Austin Carpenter. Aged 20 -29, on deferred probation, drug violation, and no felony convictions. He fit the model perfectly. Judge Jones DID NOT admit the Facebook pictures of Austin into evidence. He sustained my objection. There was no other evidence of gang related activity - they just sort of thought they knew. He had to be, right? Wrong. That is not the state of evidence admissibility in Texas. I admire Judge Brock Jones. He is a very competent district judge and very sharp. But even he gets them wrong sometimes and this is one of them. Austin is going to appeal this sentence and Judge Jones has already certified his right to that appeal. Lastly, there has never been a ruling in a court of law naming Austin as a gang member. *Go Kings* Am I a member now? Thank you for your open forum. Rudy Taylor, sbn.24039498, State of Texas
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PermalinkThank you Mr Taylor he has been railroaded and his right denied but they are gonna get what's coming to them
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