Chad Holley gets another second chance from judge

Chad Holley - whose videotaped beating by Houston police officers in 2010 made national headlines - is getting one more second chance.

Holley, who could have faced up to six years in prison for violating terms of his probation, was given a reprieve Friday by state District Judge Robert Johnson.

The 23-year-old was arrested in 2012 and charged with burglary, the same crime that led to the police beating during his arrest in 2010.

After the second arrest, prosecutors argued that he should go to prison, but former judge David Mendoza gave him seven years of probation.

On Friday, Johnson decided not to revoke Holley's probation but added an extra year to the probationary term, meaning Holley will remain on probation until 2021.

He had been arrested on charges of stealing a cell phone and trespassing. He also faced revocation for not paying court fees and not reporting to his probation officer.

"He's no angel. He's made some mistakes, but those were fairly minor mistakes," said his attorney, Philip Scardino. "The judge took all that under consideration and came up with a good verdict."

If Holley successfully completes his deferred adjudication probation, there will not be a conviction on his record. If his probation is revoked, he faces up to 20 years in prison.

Defense attorney, J. Philip Scardino, speaks to the media about his client Chad Holley outside the 177th District Court at the Harris County Criminal Courthouse, 1201 Franklin, Friday, June 30, 2017. Defense attorney, J. Philip Scardino, speaks to the media about his client Chad Holley outside the 177th District Court at the Harris County Criminal Courthouse, 1201 Franklin, Friday, June 30, 2017. Photo: Melissa Phillip | Houston Chronicle Photo: Melissa Phillip | Houston Chronicle Image 1 of / 150 Caption Close Chad Holley gets another second chance from judge 1 / 150 Back to Gallery

Prosecutors had asked the judge to revoke Holley's probation and sentence him to six years in prison.

"I do feel like he's been given a number of chances and he's never taken advantage of those chances to stay on the straight and narrow," said prosecutor Jamie Burro. "It's in the best interest of society for him to be in prison."

Holley was charged in December with capital murder, but the charge was later dismissed for lack of evidence. He has been in the Harris County Jail jail since October on alleged probation violations.

In 2013, he received seven years of deferred adjudication under a felony burglary plea deal. That probation was in effect in October when he was arrested on misdemeanor charges of theft and trespassing.

On Friday, his fiancée, Jade Mutin, said Holley wants to get out of jail and go to college for design. She said Holley will take advantage of the second chance.

"We have three kids and his next step is to enroll in college and provide for his family," she said.

She said she was surprised by the judge's decision because of Holley's notoriety.

"He's 'Chad Holley' and so many people are against him," she said. "I prayed and prayed and prayed and here's the answer."

Holley was a 15-year-old high school sophomore in 2010 when he was beaten by Houston police as he fled a burglary arrest. The incident gained national attention in 2011 when surveillance video surfaced that showed officers kicking and punching the unarmed teen.

A dozen officers were disciplined and four were indicted on misdemeanor charges. Two took plea deals, one was convicted by a jury and the fourth was acquitted. Holley was convicted of burglary in juvenile court and received probation.

brian.rogers@chron.com

Twitter.com/brianjrogers