Terry Turner asks jury for probation for killing Adil Dghoughi at Martindale, Texas home

LOCKHART — Terry Turner, who was found guilty of the lesser charge of manslaughter on Thursday for killing a Moroccan immigrant in 2021 at his home in Martindale, has asked jurors to give him a sentence of probation and forgo a prison sentence as it's his first offense.

Manslaughter is a second-degree felony, which typically carries a two- to 20-year prison sentence, along with up to a $10,000 fine. In Texas, people convicted of a crime can be sentenced by either a judge or a jury, and in this case, Turner asked that a jury decide his fate.

The jury heard arguments from both sides on Friday as to what his sentence should be and is expected to come to a decision before the end of the day.

Typically, someone were found guilty of manslaughter with a deadly weapon would not be allowed to get probation if a judge is deciding the sentence. However, under Texas law, that stipulation is thrown out if the defendant elects to have the jury decide the sentence, as Turner has requested.

The mother of Adil Dghoughi, whom Turner killed in 2021, testified on Friday about Dghoughi's character and how his death has been "horrible" for the family as they look to see Turner sentenced to prison. Prosecutors with the Caldwell County district attorney's office argued that they don't believe probation is an appropriate sentence.

Defense attorney Angelica Cogliano argued that Turner "does not have freedom” if given probation and that his life was "worth more than the worst decision of his life.”

This is a developing story. Please check back for updates on Turner's sentencing.

How Turner killed Dghoughi

Turner killed Adil Dghoughi, 31, after Dghoughi pulled into his driveway at about 3:30 a.m. on Oct. 11, 2021, and sat there for four minutes. Prosecutors believe Dghoughi was lost and trying to get back to his girlfriend's house, who lived just minutes down the road, as his phone had the GPS open with directions to her house.

Turner testified in the trial that he ran outside wearing just pajama pants and immediately pointed his pistol at the driver's side window of Dghoughi's car.

Dghoughi began backing away, before coming head-to-head in his car with Turner, who said he jumped to the driver's side of the car and began banging on the window with his pistol.

Turner said since the incident happened two years ago that he was acting in self-defense as he believed he saw a gun pointed at him, but he's also made conflicting statements as to how certain he was that he saw a gun. Dghoughi was found to be unarmed.

'Don't believe he's not with us': Mother testifies

In an emotional testimony, Fatiha Haouass, mother of Adil Dghoughi, testified on Friday ahead of Turner's sentencing. She said her son "believed in the United States," as he became a citizen after obtaining a master's degree from a college in Rhode Island.

Adil Dghoughi's death has been hard on the entire family, but Haouass said that Othmane Dghoughi, a younger brother who lives in College Station, has taken it very hard and is suffering from mental and physical health issues since it happened.

“It’s hard to talk about my son in the past tense; that’s usually the children who talk about their parents in the past tense," Haouass said through tears on Friday. "I still don't believe he's not with us anymore."

The family has previously told the American-Statesman they were hoping Turner would be found guilty of murder. Othmane Dghoughi told the newspaper that he made a promise not to visit his brother's grave in Morocco until Turner ended up in jail.

Haouass' testimony also received the first objection of the trial when Caldwell County District Attorney Fred Weber asked if she thought probation was an appropriate punishment. Weber withdrew the question.

Detective who initially told Turner he wasn't in trouble testifies that he thinks Turner would complete probation

Capt. Jeff Ferry, who was the detective who investigated the case for the Caldwell County sheriff's office, was called to testify by Turner's attorneys on Friday. Gerry Morris, the attorney representing Turner, asked if Ferry believed Turner is "an individual who will likely successfully complete probation."

"I do," Ferry said.

During the trial, video footage of the initial interview with Turner after the shooting showed that Ferry told Turner he didn't think the district attorney would be filing charges and that Turner could go on a scheduled camping trip.

In a turn of events, Weber, whose office regularly works with the sheriff's office on prosecutions, called out Ferry and his initial investigation in closing arguments, stating that Ferry was a "surprise" witness that he found out about just an hour earlier.

"Ferry formed an opinion without doing an investigation,” Weber said.

This article originally appeared on Austin American-Statesman: Turner asks for probation for killing Moroccan immigrant in Martindale