Victims' Wrongs: Injured parties in Harris County say plea bargains go on behind their backs

Some injured parties in Harris County say plea bargains go on behind their backs and without their approval.

It was about 8:30 p.m. on New Year's Day when 18-year-old Taylor Brooks steered his black Camaro into an open-air parking lot in Midtown. He and his friend Evan McAnulty, who both lived a world away in suburban Cypress, had paid an attendant to park there two days before on their way to a teen night at a nearby club, and the two high-school seniors assumed they could do the same on this visit.

Former U.S. Congressman Craig Washington initially claimed that he fired in self-defense, but later admitted to illegally shooting at the two teenagers.
Former U.S. Congressman Craig Washington initially claimed that he fired in self-defense, but later admitted to illegally shooting at the two teenagers.
Taylor Brooks was driving the car that Craig Washington fired upon.
Courtesy of Debbie Brooks
Taylor Brooks was driving the car that Craig Washington fired upon.

The attendant wasn't there this time, but Brooks found a space alongside the lot's fence and backed in. As the two teens were getting out of the car, they say a man came out of the adjoining building waving his arms and yelling, "You can't park here."

Slightly confused, Brooks turned to McAnulty and said, "Well, looks like we'll have to find a spot on the street. No big deal, I guess."

They slid back into the car. Brooks fiddled with his iPod for a moment, but when he looked up, ready to go, he claims the man was standing in front of the exit, walking toward them with a gun.

Scared stiff, McAnulty says the car remained in park while the man approached Brooks's window and jammed the barrel of the gun up against the glass, shouting, "Roll your fucking window down."

Brooks stepped on the gas. He sped out of the lot and made a right onto the street, when a trio of gunshots rang out. All three bullets hit the car door. The teens were unharmed and immediately called the cops.

It turned out that the shooter was former U.S. Congressman Craig Washington, a fiery Democrat who served until 1994, when he returned to his law practice in Midtown. Washington owned the parking lot.

Washington, who did not respond to the Houston Press for this story, has claimed that Brooks was trying to run him over and that he fired in self-defense. But four months after the shooting, in April 2008, a grand jury decided to indict the former congressman on the felony charge of aggravated assault.

The wheels of justice are oftentimes slow, and the two teens and their mothers, Debbie Brooks and Marti McAnulty, waited more than a year while the case kept getting delayed. They wanted to tell their side of the story to a jury, and made it clear to Harris County prosecutor Lynne Parsons that they didn't want to settle for a plea deal. If a jury let Washington off, so be it, but they liked their chances in court.

On the Monday morning of July 20, 2009, Debbie Brooks was sitting by her phone at work waiting for Parsons to call. Brooks says the prosecutor told her to wait there while jury selection took place and that she would ring as soon it had ended to tell Brooks to come down to the courthouse for the start of the trial. Brooks's cell phone was on vibrate, but she wasn't worried because Parsons had her work number.

At about 10:45 a.m., Debbie's phone rang. It was Marti McAnulty.

"Are you sitting down?" she asked.

McAnulty went on to say that she had just gotten off the phone with Parsons, who said that she had agreed to a plea deal with Washington that morning. Washington was admitting that he shot at the teens in exchange for two years of probation in the county's pretrial diversion program, which allows criminals to expunge their record and is used primarily for nonviolent offenders.

Stunned, Brooks noticed that she had missed a call on her cell from Parsons less than ten minutes earlier and called the prosecutor back.

"I told Parsons that it was a load of crap," says Brooks. "I told her that I was in total shock and that we needed to have a say, that we needed to know about this before it's a done deal."

Brooks ran out of her office and sped over to the courthouse, frantically looking for Parsons to see if she could stop or negate the plea deal. But when she got to the courtroom, no one was there. No one, that is, except Washington and his lawyers.

Finally, 45 minutes later, Brooks says, she found Parsons. But by then it was too late.

"The deal had already been signed and sealed behind our backs," says Brooks.

The families say the victimization didn't stop with the near deaths of their sons. Brooks claims that not only did Parsons and the District Attorney's office fail to notify her of the plea agreement, but also that the DA never allowed her son to enter a victim impact statement for the judge to consider before sentencing — all rights afforded to crime victims under Texas law.

Now, seven months later, they find themselves in the same helpless situation as all crime victims who claim their rights have been squashed. And because of the way the law is written, they're unable to do anything but suck it up.

"Defendants' rights are protected and codified in the U.S. Constitution," says Houston crime victim advocate Andy Kahan, "and rightfully so. "But today, victims' rights are a mere courtesy. It's just lip service."
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  • E. Cortes, Attorney at Law 03/22/2010 12:19:00 AM

    Ah, finally something relevant to the subject. So it is your position that the HCDAO is not doing it's job when it comes to "victim's rights". Or is it that they are not doing their jobs to YOUR satisfaction? If such is the case you have a number of remedies. You could file a civil lawsuit against the defendants. You could vote against Pat Lykos in the next election. But what you shouldn't do is use your biased and jaded opinion to paint an unfair picture of every ADA working in that office just because you didn't get what you wanted. Especially when there are defendants sitting in the county jail who haven't even been offered a plea bargain because the ADAs can't get hold of the victim.

  • Anonymous 03/19/2010 7:46:00 PM

    Cortes, The victim’s rights division and prosecutors, simply don’t do their job, it is a farce and they leave the victims feeling like they have been victimize again by the very people who are suppose to be helping them. I no longer wish in engage in your child like bantering; you’re acting like a child who came home after hearing a story he heard at the play ground, making up TALL TALES. Get back to me after you take the time to know the facts.

  • E. Cortes, Attorney at Law 03/13/2010 2:24:00 AM

    Anonymous, perhaps you should have spent your time responding to what I said in my comment rather than drafting this overwrought, emotional drivel that didn't address any of the specific points I made. What, if anything, do you have to say about the Victim's Rights Division, FCLD, the entire Civil Courts system or the fact that prosecutors don't even offer a plea bargain unless they've spoken to the victim? Why don't you offer up something productive about those subjects instead of this whiny attack on a person's right to protect their home and family with deadly force. People have a right to own firearms and they have a right to use that firearm to protect their homes. You don't like that? Move to New York. And as far as supporting your children no matter what, maybe that's the problem with kids today: discipline has given way to acquiescence. The belt has been replaced with "time out". Duty has been defeated by "self esteem". So go back to your soccer games where every kid gets a trophy and leave Downtown for the grown ups.

  • Anonymous 03/07/2010 9:31:00 PM

    Mr. E. Cortes, I was appalled by your senseless blog in response to this story and I spent 30 minutes writing responses to everything you had to say, trying to explain the truth to you, the real truth. Then I simply stopped and decided that it was valuable waste of my time to respond to your useless allegations, because facts and truth, to people like you don�t mean anything. Regarding these two fine young men and their moms; all these moms are doing is what any other good parent would have done, which is support their children, as flawed as you may THINK they are. (and I use the word THNIK loosely in your case, because you obviously didn�t THINK before you opened your mouth regarding this story). By the way, these typical suburban mothers� children, their boy�s lives, could have been taken by a senseless act of another human being, for what, for simply parking in someone�s lot. You are an attorney and you should know there are these people dressed in blue, they are called the Houston Police and if someone feels threatened, then the public is suppose to call them, that is their job and the city pays the police to take care of situations like that. Sham on you for thinking it is ok to shoot at someone for simply not being respectful or bad parking choices. You are the reason why violence continues to be ok, because you support these types of action. You justify those actions and until you change your thinking � guys like Washington will continue to shoot at kids and get away with it. Washington is just lucky he didn�t kill them, but according to you, it would have been justified anyway. I too am tired of living in world with a corrupt system where settling out of court is just another notch on their belts, another win, instead of doing the hard thing, the right thing, their jobs on behave of the victims. Mr. Vogel did several months of research, it was true and accurate. On the other hand, as for you, ATTORNIES that DO NOT DO THEIR RESEACH PROPERLY BEFORE BLOGGIN ABOUT SOMETHNG THEY DON�T EVEN KNOW THE WHOLE STORY ABOUT, WELL THEY MAKE POOR LAWYERS.

  • E. Cortes, Attorney at Law 03/05/2010 5:35:00 AM

    As to your article on "victims rights": I have not seen such one-sided, skewed reporting since the last time I had the misfortune of watching the O'Reilly Factor. It was so full of half-truths and outright lies that I felt compelled to respond. HALF-TRUTH: Mr. Washington "owned the parking lot." Mr. Washington owns the whole friggin' building...and he LIVES ON THE 2d FLOOR! This is his residence. This is not an "open-air" parking lot. This is a building with an attached parking lot. And around the whole thing is a 6 foot fence. These guys essentially parked in someone's driveway. I recall one Joe Horn who shot two people in the back on his lawn and got away scott-free. LIE: Victim's "rights are a mere courtesy..." If this was true, why do I still have clients sitting in jail because the District Attorney's Office has not been able to get hold of the victims? A defendant in Harris County will not even be offered a plea bargain until the case has been "RIP'ed". RIP stands for Restitution, Injury & Punishment. The entire FCLD department exists to prosecute cases even when the victim doesn't want to. FCLD is the Family Criminal Law Division that prosecutes domestic violence cases for the victim's own good, even when she recants or doesn't want anything to happen to her man. The article itself references Michelle Permenter as the Director of the Victim's Rights Division. LIE: "The law does not provide victims any way to enforce their rights after they've been violated." Are you serious? I'd like to draw your attention to the huge, multi-million dollar building at 201 Caroline. It's called the HARRIS COUNTY CIVIL COURTS BUILDING! An assault is a tort. Fraud is a tort. Many criminal offenses are also torts and thus can be the basis of a cause of action in civil court. Like Nicole Simpson's family, these people could very easily hire their own attorney and prosecute a case in civil court...which they did. However, I suspect that since they filed it themselves in small claims court, no attorney worth his salt was willing to take their case because they had no damages! "Mental anguish"? Gimme a break! This is appears to be a classic case of selective parental amnesia of two typical suburban moms who refuse to believe that their "little angels" could do anything wrong. They didn't get to tell their "side of the story"? They don't have a side. They weren't there. They witnessed nothing. What could they testify to? And I've got news for these two ladies: the only two clubs around that area are Rich's and Escobar. Last I checked, they didn't have "teen nights". Their boys were probably under age drinking with fake ID's. And then there's the boy's stories: a black man Downtown comes at you with a gun and you decide to "fiddle with" your iPod? Oh wait, they said he was first just waving his arms around, then he had a gun. Well, what made him go get the gun? Did they threaten him? Did they call him the n-word? What details about the boy's behavior and their criminal histories do we not know that perhaps made the prosecutor decide it was better to do a deal instead of going up against the credibility of a former U.S. Congressman and Officer of the Court? Did you, Mr. Vogel, bother researching any of that, or did you just leave it out? Look, I have no vested interest in defending the District Attorney's Office. I am a Criminal Defense Attorney and I go up against the DA's Office all the time. But I am tired of working within a system where misguided people like these two moms get to make up the rules. VENGEFUL PARENTS DO NOT MAKE GOOD LAWS!

  • Sammy Soso 03/03/2010 3:11:00 AM

    Thats hte Kangaroo Court system at its finest! Jess www.anonymous-web.es.tc

  • Mak 03/02/2010 4:08:00 PM

    It was at night. I'm glad the kids are still alive. Were the perpetrators - white or black? Was the gun-wielder - white or black? Sounds racial to me and sounds like the Houston Press is perpetuating some agenda.

  • Rev.Perry Boutte 02/26/2010 10:11:00 AM

    I also have documentation that the Harris County District Attorney appear to abuse victims of criminal activity.On 2-21-2008 I did suffer injuries after I was involved in an altercation with what appeared to be a mental patient.The individual should have been charged with a felony being that I have A.D.A. disability status.The Office of the Attorney Generals Crime Victims Unit is nothing but a joke. In two years I never received any assistance from them whatsoever.I have contacted the F.B.I about this matter. I do beleive that non sentencing violates the victims civil rights and the Harris County District Attorney's Office needs an investigation from the Department of Justice.

  • Rev.Perry Boutte 02/26/2010 10:11:00 AM

    I also have documentation that the Harris County District Attorney appear to abuse victims of criminal activity.On 2-21-2008 I did suffer injuries after I was involved in an altercation with what appeared to be a mental patient.The individual should have been charged with a felony being that I have A.D.A. disability status.The Office of the Attorney Generals Crime Victims Unit is nothing but a joke. In two years I never received any assistance from them whatsoever.I have contacted the F.B.I about this matter. I do beleive that non sentencing violates the victims civil rights and the Harris County District Attorney's Office needs an investigation from the Department of Justice.

  • Carl Rinko 02/26/2010 5:07:00 AM

    Thats just not right. And it should not be allowed to happen! Jess www.true-privacy.es.tc

  • James Roark 02/25/2010 11:01:00 AM

    I think that a prosecutor can be safe in assuming that most crime victims would like to see the accused punished beyond what the law allows, or at least to the maximum it affords. The practice of plea bargaining was not designed with the crime victim in mind. Understandably, they are in no mood to consider much beyond restitution and vengeance, both being valid components of criminal justice. If the accused, however, is face with the choice of accepting the maximum term the victim would like to see or going to trial, there is no incentive not to take it to trial. We don't have close to the resources in our courts and jails for this. Even if we did, would we ignore the purpose of having a "range of punishment" for criminal offenses, or those other components of criminal justice, like rehabilitation and redemption? In my 20 years of practicing criminal defense, I have rarely encountered a prosecutor's case file that did not have a report of the offense, often with follow-up investigations, an estimate of damages (often needed to determine the level of the charge), and notes regarding their contact with the victim and the victim's recommendation. When that information is not there, or is deficient in some way, they won't be extending offers until they are satisfied that they know enough about the case. Your article does not mention this. I cannot speak for the prosecutors, but I have a pretty good notion that a Victim Impact Statement would usually have the effect of documenting what they already know. Where the VIS would be more useful is in the hands of the judge. They have the authority to refuse to accept plea bargains. If they are not demanding to have one before accepting a plea, maybe they should. It probably wouldn't hurt to require the defendant to have a copy, either.

  • Debbie 02/25/2010 6:42:00 AM

    Wouldn't it be wonderful to have all the victims and their familes, that have had similar situations done to them - come together downtown and meet on the DA's door steps. What a statement that would make!! Remember that even though my case or your case has come and gone, the same thing could happen to someone else we know and care about. This kind of insensitive and careless behavior from the DA's office will continue unless we all come together and make a change.

  • Maura Irby 02/24/2010 9:22:00 PM

    As the victims of a capital murder case, we never had to deal with plea bargaining as an issue. But in 20 years of the appellate process we have never been directly contacted to notify of us of any change. Last October when the defense went back to the 5th Circuit for a second appeal we were not notified. We found out by private channels within the law enforcement community. In the years since the development of the victims assistance office of the District Attorney this last week was first time we had ever been contacted. The only champion for us has been Andy Kahan through his office and the law enforcement community we call family. I understand the challenges of changing the system, but if other states make better provisions for victims rights why is it stonewalled so often in the Texas legislature?

  • Maura Irby 02/24/2010 9:22:00 PM

    As the victims of a capital murder case, we never had to deal with plea bargaining as an issue. But in 20 years of the appellate process we have never been directly contacted to notify of us of any change. Last October when the defense went back to the 5th Circuit for a second appeal we were not notified. We found out by private channels within the law enforcement community. In the years since the development of the victims assistance office of the District Attorney this last week was first time we had ever been contacted. The only champion for us has been Andy Kahan through his office and the law enforcement community we call family. I understand the challenges of changing the system, but if other states make better provisions for victims rights why is it stonewalled so often in the Texas legislature?

 

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