A district judge denied a Fort Worth woman convicted of murder and sentenced to 10 years probation for that killing early release, according to an article in the Star-Telegram newspaper today, Friday, Sept. 13. Her attorney had filed a motion requesting early release from that probation after she served between three to four years of that community supervision.
Relatives of murder victim Brian Brinkman were jubilant over the fact Jennifer Brinkman will have to continue reporting to a probation officer and following the terms of probation for the full 10 years as things stand now. However, Jennifer Brinkman's attorneys could file another motion to release her from probation at a later date.
Brian Brinkman was a former resident of Wichita Falls, Tex. and is buried near Electra, Tex. which is located in Wichita County.
Wichita Falls is approximately 110 miles northwest of Cowtown.
Lynda Schraub, aunt of Brian Brinkman, was allowed to read her statement in the courtroom during Thursday's hearing. Ms.Schraub's statement is as follows, according to her e-mail: "On Sunday, December 31, 2006 at 2 p.m. after returning home, a message on the answering machine informed us that our nephew Brian Brinkman had been shot and was at John Peter Smith Hospital. My husband and I left immediately for the hospital. We saw Brian, with a dark spot under his right eye, lying lifeless attached to a machine. It was a nurse that informed that Brian had been shot by his wife, Jennifer Brinkman. My husband was shown an x-ray that showed fragments of a bullet throughout his brain."
Ms. Schraub went to to say, still reading from her statement, "Jennifer lived freely for the next three years. The trial began December 15, 2009 and sentencing occurred December 22, 2009. During the trial Brian's father's birthday was December 17 and Brian's birthday was December 16. New Year's Eve, December 16 and December 22 are very difficult times. I am haunted by the fact that Jennifer was found guilty of 1st degree murder, and her restitution is a fine, community service and 10 years of probation. In a 2011 published report, there were in 2010....113,000 women incarcerated....7 in 10 of those women had minor chldren and 36 % had committed violent crimes. I am certain any of those women would trade their situations for 10 years of probation. They would like to take their children to school and tuck them in at night. They would like to visit friends and family, eat out and go to the movies. These activities have not been denied to Jennifer Brinkman, a murderer. I believe that probation is an inconvenience to Jennifer, and she is tired of it."
Ms. Schraub further stated, "It was extremely difficult to see Brian's two children on the stand, neither of them referring to him as their daddy. It hurt to see each of them turn to the jury in a well scripted voice and say, "I want my mommy, I need my mommy, please don't take her away from me." Jennifer, with a shot to the face, had taken their father away from them. Brian would never see his children again."
Ms. Schraub, who says she has suffered greatly as a result of her nephew's death, further said, according to her e-mail, "No, I do not want to see Jennifer released from probation. She murdered a human being that was unarmed and had not attacked her. She has never shown any remorse to our family for what she did. I think she had a defense attorney that knew how to get her a very light sentence. When House Bill 1678 was passed in Texas, juries, as of September 1, 2007, no longer had the power to recommend probation for people committing murder after that date. "
She further said, "We are haunted by the murder, trial and the sentencing."
Ms. Schraub praised the job prosecutor Sean Colston did at yesterday's hearing in which Brinkman's motion for early release from probation was denied.
Jennifer Brinkman's attorney Mark Daniel argued that his client, 35, has complied with the terms of her probation and beat her methamphetamine habit.
That argument did not persuade state District Judge Louis Sturms to reduce her probation sentence by six years, however.
Daniel attempted to shift the blame to the victim Brian Brinkman Thursday as he said that Jennifer Brinkman was an abused wife who acted in self-defense in killing her husband. She never denied she fired the gun on Dec. 30, 2006 whih ended Brian's earthly existence. The jury rejected the self-defense claim at the 2009 trial that Daniel advanced.
Less than a year after she received probation, the Texas legislature eliminated probation as a possible sentence for those convicted of murder in the Lone Star State.
Prosecutor Colston said that he saw the case as murder, a grand jury indicted Brinkman for murder and that the jury which heard the case returned a verdict of murder.
Colston also said, "She (Jennifer Brinkman) was so shameless she brought those two twins in to beg for probation for her."
The victim's aunt Lynda Schraub says she still believes probation is too lenient for murder.
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