Man gets probation for slashing Austin police officer with box cutter

[tj2001]

Man gets probation for attacking officer
21-year-old could've received up to life in prison for attack during South Austin traffic stop last year.
By Steven Kreytak
AMERICAN-STATESMAN STAFF
Saturday, May 23, 2009

After convicting Joshua Landa of slashing an Austin police officer with a box cutter during a 2008 traffic stop, a Travis County jury on Friday sentenced the 21-year-old to 10 years of probation.

The sentence came after defense lawyer Rick Reed made an impassioned argument that Landa, who was taken from his crack-abusing parents when he was about 12 and lived in numerous foster homes, has had a hard life and deserved a second chance. "I'd be willing to bet that none of you were cursed with the sort of parents that this young man was cursed with," Reed told the jury during the punishment phase of the weeklong trial.

Landa was found guilty of aggravated assault of a public servant and faced up to life in prison. But because he had no prior felony convictions, he was eligible for probation.

Prosecutor Amy Casner argued for a sentence of no less than 25 years. "If you let him walk out of the courthouse today," Casner said, "you are telling (officers) there is no reason for them to put their lives on the line, if there's no consequence for people who almost kill them." ....

http://www.statesman.com/news/content/news/stories/local/05/23/0523assaulttrial.html

[Cirque du So-What]

1. I'm certainly no authority on Texas law

but doesn't the judge do the sentencing - not the jury? I've heard instances where the judge lent credence to recommendations from the jury, but it was always the judge who handed down the sentence.

I'm inclined toward leniency in this case, but there's no way in hell that I can see probation-only in this case. On the other hand, I see a life sentence as extremely harsh.

On the bright side, ten years' probation is a LONG time. He can look upon his probation as a gift and get the help he needs to stay out of prison. If he chooses to ignore his close call, however, ten years provides ample time to fuck up - even once - and wind up in the bowels of the criminal justice system.