Arriola aging out of the juvenile justice system
A teen turning 19 originally sent to a juvenile facility as a minor after his adjudication on a charge of aggravated robbery with a deadly weapon will finish his sentence in an adult prison, a judge has ruled.
Antonio Arriola was charged with attacking a man with a tire iron after a gun purchase when he was 16 and later received a 20-year sentence under juvenile statutes, according to court records.
451st state District Court Judge Kirsten Cahoon on Thursday denied parole for Arriola, who turns 19 on Dec. 13 and is aging out of the juvenile justice system.
Arriola testified by closed-cir- cuit television he felt deep regret for the crime and has tried to better himself.
“Deep in my heart, I am remorseful,” Arriola said. “I’ve lost my teenage years. I have really changed in many ways.”
Victim and San Antonio resident Joe Orton told the court he and his loved ones are not ready for Arriola to be back on the street.
“I want to be clear: I in no way want this young man to languish in prison. But the possibility of him being out … is a mistake,” Orton said.
Cahoon’s decision moves Arriola from 18 months confinement in the Giddings State School in Giddings, which is under the control of the Texas Juvenile Justice Department, to the Texas Department of Criminal Justice, which supervises state prisons with adult populations.
Arriola could be eligible for parole in eight years, officials said.
Cahoon told Arriola, “These are all tough moments,” adding, “You will remember this day for the rest of your life,” before giving him credit for the personal advancements he’s made while confined in the state school.
“I am proud of the progress you’ve made academically … and that you are trying to lead the younger people in that facility. I’m proud of the commitment,” Cahoon said. “But I simply cannot let you out.”
It was Oct. 16, 2021, when Arriola assaulted San Antonio resident Joel Orton, according to Kendall County prosecutor Derly Chapa.
“Months before his 17th birthday, (Arriola) decided to lure somebody out to the middle of nowhere to purchase firearms and, after that purchase, he helped him change a tire,” Chapa said during closing arguments before Cahoon. “He decided the best ‘thank you’ was to hit him with a tire iron and bring him within inches of death.”
On April 13, 2022, Arriola under juvenile statues was “found true” of aggravated robbery with a deadly weapon, Chapa said.
“He tried to recruit people to help him with the offense, telling people in text messages, ‘I’m going to hit a lick tonight,’which means (he was) going to rob somebody that night,” Chapa said following Cahoon’s decision.
The assistant district attorney said he is pleased Arriola continues to try and improve himself.
“I’m glad and proud (Arriola has) done certain things, which just echoes what the judge said,” Chapa said.
However, testimony also indicated Arriola became involved in a physical altercation Oct. 20 in violation of juvenile facility standards.
“Based on the most recent assault just a few weeks ago, I don’t believe he has exhibited all the things that he needs to show that he has rehabilitated yet,” Chapa said.
Arriola testified in his own defense via the court’s Zoom connection, as did several other witnesses.
Orton was the first witness to take the stand. Without recounting the attack itself, Orton described the emotional and psychological impact suffered by him and his family.
“Just knowing the possibility of encountering this individual is zero, that fact alone has allowed me and my (family) to heal, to a degree,” Orton said. “There are few days that go by that I don’t think about the incident. I would be lying to you if I said it didn’t affect me.”
He said his wife has undergone counseling and now shirks any type of confrontation.
“Any type of confrontation for her, she's unable to handle that well,” he said. “She was never like that before.”
Unless the chance of encountering Arriola “is zero, I don’t feel comfortable with that,” Orton said. “The time he’s served, thus far, I don’t think that is enough time to be reformed.”
Defense attorney Rolando Arguelles said Arriola has completed several programs designed to address the teen’s impulsive behaviors. He has completed three of four requirements for obtaining a General Equivalency Diploma, with the fourth not attainable prior to his aging out of the juvenile justice system.
Tami Coy, a TJJD employee for more than three decades, testified via Zoom as well.
“It is the agency’s recommendation that Antonio be placed on TDCJ parole,” Coy said, based on Arriola’s academic and behavioral achievement, his conduct and meeting his treatment goals.
Coy told Chapa TJJD’s most recent assessment of Arriola was completed Oct. 17.
But just three days later, Arriola was involved in a fight in a dormitory shower room at Giddings. That fight, Chapa said, indicated Arriola had not fully been rehabilitated because he engaged in forbidden activity just days after completing his programs.
When Arriola testified, he talked about what he had learned while confined, and said he would do everything in his power to avoid returning behind bars.
“If I am granted parole, I want to be a better member of society, do all the things I learned in my sessions, and I don’t ever want to be away from my family for that long, ever again,” he told the court.
Had parole been granted, Arriola would have been subjected to “super-intensive supervision,” which includes being under house arrest, wearing electronic monitoring, not being able to leave the house for any reason, complying with a daily activity schedule, no travel without a parole officer’s approval, refraining from drugs and alcohol, and submitting to drug testing.
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