Joe Smith is a 17-year-old Caucasian male (DOB 4-24-98) who was evaluated at a residential substance abuse treatment facility. He was arrested on 05-1-14 for Robbery—Bodily Injury and granted 4 years community supervision. A Motion to Adjudicate Guilt (MAG) was filed on 09-02-14, after he was arrested a second time for DWI-1st and taken into custody. The MAG was later dismissed, Joe’s community supervision conditions were amended and he was subsequently committed to the residential substance abuse facility on 12-05-14.
CRIMINAL HISTORY
| DATE of ARREST | OFFENSE | OUTCOME |
| 05-14-14 | Robbery—Bodily Injury | Four years Deferred Adjudication and Community Supervision |
| 09-02-14 | Driving While Intoxicated-1st | 120 Days in detention |
DESCRIPTION OF OFFENSE
Joe is currently charged with Robbery – Bodily Injury. The following provides relevant details of the current offense:
- On 5-14-14 officers responded to a call at a convenience store where the complainant alleged that the defendant assaulted him during an argument by punching him in the stomach several times with a closed hand. The complainant reported that he had just walked out of the convenience store and was approaching his vehicle when the defendant appeared. He indicated the defendant demanded that he give him his phone. When the complainant refused, the defendant struck him in the stomach several times. The defendant then took the complainant’s cell phone and fled the scene. The complainant phoned the police. The police located the defendant and returned him to the scene of the incident, which was a dark parking lot outside a convenience store. The complainant wanted to press charges against the defendant. Mr. Smith was arrested and charged with Robbery – Bodily Injury.
CRIMINAL ATTITUDES/THINKING PATTERNS
Regarding the robbery offense, Joe alleges that he was out one evening and lost his cell phone. He needed to get a ride home, and had run into a previous acquaintance from school. He reports that he asked the complainant to allow him to use his cell phone. When the complainant refused, Joe indicated he “gently shoved him” and “borrowed” the phone to make a call. He indicated he planned to return the phone later and that the complainant was making a big deal out of nothing. He admitted he had been drinking the night of the offense.
When asked about the DWI, Joe reports that he had a couple of beers at a birthday party and that the cops were just waiting to catch him doing something. He indicated he crossed the double yellow line because he was texting a friend. The breathalyzer administered at the scene indicated Joe was 1 ½ times over the legal limit, which led to his arrest.
When questioned about how he feels about being on probation, Joe indicated he was happy he did not have to go to TDCJ, but that his probation term is “way too long.” He said he knows a lot of people who have done a lot worse and barely got anything. When asked what situations he’s going to need to avoid to stay out of trouble, he indicated he has control no matter what situation he’s in—so it doesn’t really matter. Joe was able to identify the pros and cons of being on probation, indicating that his PO might be able to help him get a better job or maybe finish school. He indicated he does not intend to get in trouble with the law again—that he’s trying to get back on track.
COMPANIONS AND RECREATIONAL ACTIVITIES
Joe denied having many close acquaintances or friends, reporting he spent most of his leisure time with his father. He indicated that he does hang out with 3 old friends from high school. Two of these friends have been on probation too, and one has been at the Gainesville State School. One of these friends were expelled from school; the other two finished. He indicates that they grew up together so they “had each other’s backs”. He admitted they would do a lot of things when they were younger that he could have gotten in trouble for, like shoplifting, joyriding, drinking and fighting; Joe never got caught though. He denied that his friends were ever in a gang. He indicated since he quit his job, he’s been spending a lot more time with his friends.
When questioned as to whether he also had friends who have not been in trouble with the law, Joe indicated he knows a few kids from his church who have not, but that he doesn’t have much in common with them so they don’t really hang out. He indicated his father is very involved with his church, and that his grandmother went twice every week. He described fellow church members being a source of social support. Joe indicated he spends his leisure time hanging out with friends, seeking employment, attending church, and eating out. He indicates thought that since he quit school and his job, he has a lot of spare time on his hands.
MENTAL HEALTH/SUBSTANCE ABUSE
Joe reported he suffered from depressive and anxiety symptoms “all of my life”. He endorsed depressive symptoms, but did not report a specific episode duration of these mood symptoms. Joe also reported a history of anxiety symptoms. He denied any history of psychiatric hospitalizations. Joe also denied any history of self-harm, suicidal or homicidal ideation.
Joe reported he first “tried” alcohol when he was 11 years old, but began consuming it on a regular basis when he was 16. He recalled he would “take a shot” of vodka and gin every night to help him sleep. He reportedly stopped drinking alcohol at age 15 at the urging of his father; however, approximately one year later, he resumed drinking “socially”. Joe stated he last consumed “two or three drinks” on Labor Day 2014, and was arrested for DWI. “Alcohol was never an issue. It only became an issue when I got the DWI.” Joe reported trying marijuana once at age 14, but he denied any history of use or misuse of other drugs. He reports he still drinks with his friends occasionally.
FAMILY BACKGROUND
Joe was born and raised in Austin, Texas by his paternal grandmother and an older half-sister since early childhood. Joe grew up in his grandmother’s home, which was built in the early 1950s. His family lived in an impoverished area in Austin. Joe’s biological mother was “in and out” of his life as she was frequently incarcerated throughout his childhood. When his mother was around, she tended to be abusive. When she tried to take Joe to raise him on her own, she would have him for just a couple of months at a time. She did not have the means to care for him and he was often neglected of food, clothing and shelter when under her care. Eventually, he would go back to live with his grandmother. His grandmother was very doting over Joe. She seemed to try to make up for the regular absence of his parents. This resulted in emotional support from his grandmother, but little structure and expectations for behaviors. Of the minimal rules that were set, Joe would find ways to get around them. When he decided to drop out of high school, she responded that he knows enough already. Joe was very distraught when his grandmother recently passed away.
Joe went to live with his biological father in Los Angeles, California in 2000, but returned a year later because “L.A. was gang infested.” Joe reported his mother passed away in prison in 2002, and his father returned to Austin to reside with him and his grandmother. Since his grandmother and half-sister passed away, Joe has lived with his father. He indicated his relationship with his father has improved over the years describing, described him as, “more like a best friend.” Joe’s father attempts to ground him for problem behavior, but has little control over his son, so usually just gives up. He feels guilty for not always being around, so even when his son gets in trouble, the punishment does not always stick. Joe stated his father has cancer and besides his father, he considers his church members and friends as his social support in the community. He is very worried about his father’s health. They don’t have the money for the treatment he needs and his father is all the family he has. He also endorsed a significant familial history for alcohol abuse and mental illness.
EDUCATION and EMPLOYMENT
Joe reported he dropped out of high school in the 11th grade. He indicated that he “kind of wanted to finish school”, but his friends had almost all dropped out, so that’s what he decided to do. During his formal years of education, Joe recalled he switched schools frequently due to his “mother’s situation.” He described himself as an “A/B” student when he was younger, but in 3rd grade he was diagnosed with a learning disability and retained a grade. Joe was also placed in Special Education classes, which he was very embarrassed about. He described many of the kids in his class as having more significant physical and mental disabilities, so he did not feel like he belonged in those classes. Joe denied any history of behavioral or disciplinary problems in school, but dropped out of high school because he was “bored” and had trouble understanding the work. When asked about connections with teachers, he indicated he had a favorite 2nd grade teacher, Ms. Meaux, but that he did not really connect with any of the teachers in high school. He said they treated him like a “dummy” and a “thug”.
Joe began working at age 16 at the YMCA. He quit that job since he felt he was not being paid enough. Joe reported receiving financial assistance from his father, who receives military disability benefits, as well as government assistance through Food Stamps. Joe expressed a desire to study computers upon his return to the community.
MEDICAL HISTORY
Joe did not report any history of head injury, concussion, unconsciousness, or seizure disorder. He denied he has been treated for any chronic medical conditions or required hospitalization or surgery. However, medical records document Joe has been diagnosed with “neurosyphillis, elevated liver enzymes, and a history of head injury with loss of consciousness.”
SOCIAL ENVIRONMENT
Joe grew up in the Chernosky area, an eastern suburb of Austin. Joe described his neighborhood as “okay”, but indicated it was easy to find drugs in the neighborhood and that the police were around a lot. Over the past 20 years, Austin TX is a community that has experienced much urban growth and expansion. East Austin has experienced more crime and poverty than the northern and western part of the city. Joe lived most of his childhood in his grandmother’s home. The short periods Joe spent with both his mother and father were also in low income and high crime areas. The year that he lived in LA with his father was a difficult one. Joe had joined a gang for a short time, as in his father’s neighborhood, that’s what you had to do to survive. He was moved back to his grandmother quickly after his father learned of his gang affiliation. Joe was relieved about this. He was more comfortable in Austin and was happy when his father decided to move back to Texas as well.
