FORNEY, Texas — A Forney man received 10-years deferred adjudication for what could have resulted in two life sentences after a plea agreement was reached in court Wednesday afternoon, October 1, 2014.
FORNEY, Texas — A Forney man received 10-years deferred adjudication for what could have resulted in two life sentences after a plea agreement was reached in court Wednesday afternoon, October 1, 2014.
On December 28, 2011, then-17-year-old Carlos Alberto Rivas stole a firearm and went to a residence in Forney where he was showing the gun to a friend when it accidentally discharged, striking then-16-year-old Danny Marks in the face.
Rivas, now 20, pled guilty to one count of theft of firearm, a state jail felony; one count of deadly conduct discharge a firearm, a third-degree felony; and two counts of aggravated robbery, first-degree felonies on the recommendation from the state he receive deferred adjudication.
According to the state’s terms, Rivas received 10 years deferred adjudication for the deadly conduct charge, will be required to pay $10,000 in restitution to Marks, and serve 200 hours of community service; for the theft of a firearm he received 5 years of deferred adjudication and will be required to pay $413.95 in restitution to the owner of the firearm; and Rivas received 10 years of deferred adjudication, will be required to pay court costs, and serve 200 hours of community service for both counts of aggravated robbery.
The terms will be served concurrently including the community service hours. If Rivas complies with all the terms of the agreement and probation, the proceedings will be dismissed.
After the shooting incident, Rivas drove Marks to an area hospital, stopping on U.S. Highway 80 to throw the stolen firearm into nearby water. The firearm was later recovered by a Texas Department of Public Safety dive team.
Rivas was arrested at the hospital and charged with theft of a firearm and deadly conduct discharge firearm by the Forney Police Department who placed bonds of $7,500 and $15,000, respectively.
Marks, now 18, recovered from the gunshot wound and appeared at the Kaufman County Courthouse prior to the plea agreement being entered before Judge Chitty.
