'No justice': Juror regrets giving Martindale man probation for killing of Adil Dghoughi

A juror who helped decide that a Martindale man would be sentenced to probation — avoiding prison for killing a 30-year-old Moroccan immigrant — said the decision came down to the final moments, something court records reviewed by the American-Statesman also show.

Judge Chris Schneider, who oversaw the case in Lockhart a month and a half ago, will decide Monday how long Terry Turner will be on probation. Schneider could also make Turner, who was found guilty of manslaughter for killing Adil Dghoughi in 2021, spend up to six months in jail. Turner's attorneys told the Statesman in November that they expect he will serve some time in jail.

From the start of deliberations on Turner's punishment, four of the jurors wanted Turner to get the maximum sentence of 20 years in prison, three wanted probation and the rest were somewhere in between, a juror who asked to remain anonymous told the Statesman. Multiple jurors cried when they entered the courtroom Nov. 3 to announce that Turner would be sentenced to a $10,000 fine and up to 10 years of probation.

According to the juror, one of the main reasons Turner received probation was that Caldwell County Assistant District Attorney Amanda Montgomery asked jurors in her closing argument to reach a decision and not trigger a mistrial — even if that meant giving Turner probation.

Caldwell County District Attorney Fred Weber said prosecutors in his office always "urge jurors to reach a verdict" to avoid a mistrial, as a new jury panel would have to hear the same evidence and be "confronted with the same question."

"There is no reason to believe that another jury would find that question any easier to answer," Weber said in a statement.

Montgomery said in her closing argument that Turner should be sent to prison but that if the jury did decide to give him probation, it should give him a maximum of 10 years. Later in the courthouse halls, Othmane Dghoughi, Adil Dghoughi's younger brother, questioned why Montgomery would even suggest probation to the jury.

"I think about it every day — about, what if it was my child?" the juror said. "Sometimes I can't get to sleep or have a good night's sleep because ... I think about what his family goes through."

Turner claimed self-defense

Turner's case drew national attention in 2021, as it tested the limits of "stand your ground" laws. Turner claimed self-defense, stating that he believed Dghoughi, who was living in Austin at the time, had a gun. Deputies with the Caldwell County sheriff's office never found a firearm in Dghoughi's possession.

Turner testified in the trial that he believed multiple people were breaking into his home when he saw Dghoughi's car in his driveway. Testimony shed new light on details of the case, including that Dghoughi began backing away as Turner chased after him with his gun drawn. Turner banged on the driver's window with his gun before shooting and killing him.

Cellphone data showed that Dghoughi had been in the driveway only a few minutes, and prosecutors and family members believed he was lost. Dghoughi was also found to be drunk at the time.

Turner expressed regret for killing Dghoughi, saying that it was "the worst feeling I've ever had in my life."

Jurors seemed deadlocked on punishment

The jury found Turner guilty of manslaughter, a second-degree felony, but not murder, on Nov. 2 after listening to witness and expert testimony the two previous days. The jurors were called back the next day and — to their surprise, according to the juror who spoke with the Statesman — asked to decide Turner's punishment.

In Texas, a person who is found guilty of a second-degree felony and used a deadly weapon to commit the crime typically cannot be given probation if a judge decides the punishment. However, if a jury is asked to decide the punishment, a defendant can ask for probation, as Turner did.

A second-degree felony typically carries a two- to 20-year prison sentence, along with a $10,000 fine.

The juror said it was clear from the beginning of deliberations that the jury was at an impasse.

Four of the jurors wanted Turner to get the maximum sentence, but three wanted probation — believing that Turner had a right to protect his property, the juror said. These same three also believed Turner should have been found innocent on all charges the day before, the juror said.

Silence filled the room for much of the deliberations, the juror said, as no one wanted to budge. Eventually, the other five jurors who were somewhere in between started aligning with giving Turner probation, the juror said. Later, three of the four jurors who wanted Turner to spend the maximum time in prison proposed a shorter sentence, but the other side wouldn't move, the juror said.

The three who wanted probation were willing to stand their ground and have a hung jury — meaning the trial would have to be redone with another jury just to decide Turner's punishment, as he already had been found guilty of manslaughter.

"What (Montgomery) said kept ringing in a lot of our heads: Don't allow a hung jury," the juror said. "I did not want another jury to have to go through the evidence and the videos and see everything that we had already seen."

A decision comes at the last moment

Court records from Turner's case file reveal even more details about how the decision to give him probation came down to the wire. A note on the criminal docket says, "Mistrial declared at 5:20 p.m.," but that is scratched out. Another note written 17 minutes later says, "Verdict 5:37 (p.m.) 10 years probation $10,000 fine."

Just before the "mistrial declared" note was written, the jury told the bailiff all but one person was willing to give Turner probation. As the bailiff took the note to the judge, who would then call the jury back to the courtroom, the final person caved and said, "All right, I'll do it," according to the juror.

At 5:20 p.m., the jurors came back into the courtroom — a few of them crying. The foreperson then told Schneider the jury would be able to reach a verdict. Schneider raised his eyebrows when he heard this, as he seemed taken off guard by this response.

About 17 minutes later, the jurors entered the courtroom and said they would give Turner probation.

In an interview with the Statesman, the juror expressed regret about the decision.

"We didn't want his family to have to go through it again," the juror said of the decision to avoid a mistrial. "With the 10 years' probation ... there's no justice."

This article originally appeared on Austin American-Statesman: Juror regrets giving Martindale man probation for manslaughter