Latest / The Courtroom Files / January 20 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #213

Transcript

January 20 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #213 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Tuesday.
• 0:02
  Welcome to the courtroom Files live after an extended weekend.
• 0:05
  I hope you're all doing well. Lots of courts still waiting to
• 0:08
  come online. But in the meantime, we're going
• 0:10
  to start our day in Genesee County, Michigan.
• 0:12
  This is Judge David. David Rather Goggins.
• 0:17
  Find out and it's failed to appear today.
• 0:20
  There was a subpoena issue set. Yeah, it looks like it's.
• 0:27
  Let's get listed out everything. And judge this was for
• 0:32
  documents. So in other words, I think the
• 0:34
  creditor examination took place and this was a continuing one
• 0:37
  for documents. Oh, you know what you write from
• 0:41
  looks like January 6th maybe Well, I know OK all right, I
• 0:47
  guess given and I do now that you say that I do remember they
• 0:50
  were documents. Let's just do show cause I guess
• 0:53
  for when's our next date, every chance we get, but I guess 210
• 0:59
  days out or so. But yeah, on a two, yeah, but be
• 1:05
  two weeks I guess. I give them enough time, yeah.
• 1:09
  Yeah. We just got enough time to serve
• 1:11
  that, you know, get that motion done and get it filed with the
• 1:14
  court and serve it. If I do.
• 1:17
  Understand February 3rd work that gives us a couple weeks
• 1:21
  out. I can go out further.
• 1:23
  It's it's up to you, Sarah. Yeah, Judge, I would go actually
• 1:27
  go out. I would actually go out further.
• 1:30
  I don't. Know if you can do the?
• 1:31
  Maybe the 10th of February. Yeah.
• 1:33
  Yep. How about February 10th all?
• 1:35
  Right. So February 10th of 2026 and
• 1:38
  still let 830 by Zoom, is that right?
• 1:41
  That's it. All right.
• 1:42
  And then, Judge, does the court wish?
• 1:45
  The. Show cost subpoena served by
• 1:47
  mail or by personal service. I was just looking.
• 1:51
  If this one here, if he's here, yeah, he gets to see Mr. Frank
• 1:55
  doesn't show up. I'd be 1 to issue a bench
• 1:57
  warning at that time. So if you want to do if you can
• 1:59
  get personal service, it'd be better.
• 2:02
  All right, all. Right.
• 2:04
  Let me see what I got. OK.
• 2:05
  All right, let me see what we've got here.
• 2:08
  OK. So thanks a lot.
• 2:10
  OK. That's it.
• 2:13
  Thank you. Otherwise, was that it for?
• 2:14
  You no that. Was actually it?
• 2:16
  Yeah, that was it. All right.
• 2:17
  Thanks. Yeah, have a good thanks.
• 2:20
  Bye. And how about Oliphant Financial
• 2:26
  versus Kimberly Birchmeyer? Good morning, Your Honor.
• 2:30
  Attorney Elizabeth Ellison, P82098 for the plaintiff.
• 2:34
  She's there. And how about Kimberly
• 2:36
  Birchmeyer? Kimberly Birchmeyer, anybody?
• 2:40
  Nobody respond? Looks like I got nobody in our
• 2:42
  meeting. Let's see, this is actually an
• 2:46
  adjourned date. Looks like defendant didn't did
• 2:48
  not appear the last time. Yeah, looks like we were here
• 2:52
  December the second, Your Honor, in regards to a creditor's exam,
• 2:56
  she was personally served that. So this was the order to show
• 3:00
  cause for her not appearing then.
• 3:02
  OK, fine. Defendant failed to appear
• 3:06
  today. Do you do you want to bench more
• 3:08
  it then? Yes, please, Your Honor.
• 3:11
  Wish you benchmark. Filled up here.
• 3:17
  Your Honor Estefan. Yeah, I was just going to ask
• 3:20
  you what you tell me first. Which the outstanding amount is
• 3:24
  $15,291.31. That's the outstanding amount on
• 3:28
  the debt. Yeah, obviously you get back for
• 3:31
  my how about we do a 5000 cash? OK.
• 3:35
  Thank you, Your Honor. Sure.
• 3:43
  We'll do that on that one. And Selson, do you have other
• 3:46
  ones too? Nothing further.
• 3:47
  Thank you so much. Honor, we'll get that.
• 3:49
  Summarized. All right.
• 3:50
  Thanks. Thank you.
• 3:52
  Bye. How about portfolio recovery
• 3:54
  versus Sean Urban? Anybody think I got somebody
• 4:07
  coming in portfolio recovery versus Sean Urban?
• 4:18
  Morning, Your honor. Sorry.
• 4:21
  Yeah. Good morning.
• 4:24
  Let's see, do I have a Sean Urban anybody?
• 4:28
  Looks like you got nobody in our Zoom meeting except for summary
• 4:33
  disposition. Motion today.
• 4:40
  Files in order. Mr. Johnson, do you want to
• 4:43
  proceed with the motion? I don't know if you want to give
• 4:46
  him more time. I know it took me a little while
• 4:48
  longer to get into court today. I don't know.
• 4:51
  It's up to. You you know what if you when
• 4:54
  you mean more time, you want me just pass on it or you want me
• 4:57
  just to give it a week? Well, let's let's.
• 4:59
  Go with it. It's OK.
• 5:01
  He's not here. It's it's 8:45.
• 5:04
  I guess you know. Does show up what I usually do
• 5:08
  if they're on zoom by now that y'all, but I don't see anybody
• 5:11
  on here, so let's just proceed if you want to do that.
• 5:15
  All right, let's do it. It's all all up to you, You can
• 5:19
  proceed for me. Hey, Your Honor, thank you.
• 5:22
  This is plaintiff's motion for summary disposition.
• 5:25
  This relates back to a purchased credit card debt balance sued
• 5:31
  for $3503.30. Mr. Urban has not responded to
• 5:37
  the motion. I don't believe so.
• 5:40
  I didn't get a copy. He's not in court today.
• 5:43
  Just based on the court rules, I think we're entitled to a
• 5:45
  judgment. The the one I did have an answer
• 5:50
  file but no response to the motion and they can give me a
• 5:55
  chance to review the pleadings with the attached documents.
• 5:59
  Significant number of billing statements going to the
• 6:03
  defendant Sean Urban. See if I got the same at 300
• 6:10
  Terrace Dr. Apt 78. And actually his answer to the
• 6:18
  complaint has that same address as well.
• 6:20
  Looks like the pleadings are in order.
• 6:23
  We attached documents for support for motion for summary
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  disposition. I reviewed find there's no
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  genuine issue of material fact. Grant motion for summary
• 6:33
  disposition pursuant to MCR 2 point 116.
• 6:37
  This. Spread under I think C10.
• 6:48
  Yeah, I was there it is. I do see C9 for sure.
• 6:52
  Yeah, both C9 and C10 grant motion for somebody disposition.
• 6:57
  And Mr. Johnson, looks like I've got in order graining your
• 7:04
  motion apparents. I'll sign that.
• 7:10
  Order for you Perfecto. All right, looks.
• 7:14
  Like you're all set. All right, on to the next one.
• 7:18
  Great. I don't know about you guys, but
• 7:21
  I don't think lawyers say the word perfecto quite enough.
• 7:25
  Good morning once again, welcome to TCF live on a Tuesday.
• 7:28
  Barbara, thank you for gifting a membership.
• 7:29
  Great way to start out the day. Very much appreciate that.
• 7:33
  Let's change it up. Let's go down to Georgia.
• 7:36
  This is the all-purpose calendar with Judge Eric Morrow.
• 7:39
  Still waiting for some other courts to come online.
• 7:41
  What? Will be the truth, the whole
• 7:43
  truth and nothing but the truth. Thank you.
• 7:46
  You can place your hand down. Yes, Miss Speer.
• 7:50
  Yes, your Honor, this is Malcolm Wilson, position 64 on today's
• 7:54
  calendar on Count 1. The state is.
• 7:57
  Recommending 12 months serve, 34 days credit for any time already
• 8:01
  served, balance probated. Stay away from the goodwill at
• 8:04
  1155 Mount Vernon Highway in Sandy Springs, 40 hours of
• 8:09
  community service on Count 2, the obstruction, 12 months
• 8:13
  probation to run concurrent to Count 1, and the statutory $300
• 8:17
  fine and Count 3, The false info to a law enforcement officer
• 8:22
  will be 12 months concurrent to Count 1.
• 8:25
  We do ask the defense stipulate to ID, venue and factual basis
• 8:29
  for the plea. Thank you.
• 8:33
  Mr. Rogers, you stipulate for purposes of the plea, judge, my
• 8:37
  plan has been in custody 17 days, which will mean time
• 8:40
  served. He does have the Clayton County
• 8:43
  Hall judge. So as soon as we're done,
• 8:45
  Clayton, you'll come pick him up?
• 8:48
  I would request the court to consider a non reporting
• 8:51
  probation upon completion of the conditions.
• 8:53
  OK, Mr. Wilson, it's my understanding that in case
• 9:00
  26CR000102F you wish to plead guilty to lawyer and prowling
• 9:07
  willful obstruction of law enforcement officers and giving
• 9:10
  false information to law enforcement, is that correct?
• 9:14
  That is correct. What would be just great to see
• 9:16
  if I was to plead Nolo? Anolo plea Has Anolo plea been
• 9:21
  discussed? Mr. Dodd No, Judge I, I
• 9:24
  literally just met with him this morning and he just mentioned
• 9:29
  that he wished the nolo plea and I apologize, Judge I I should
• 9:33
  have I don't know if he's eligible to write off and.
• 9:35
  Judge no, it's OK, I'll still take.
• 9:40
  Do we have anyone, Mr. Howard? Your Honor, we'll we'll withdraw
• 9:46
  that request and she's going to pursue with a guilty plea.
• 9:49
  OK. So it's my, again, it's my
• 9:52
  understanding that you wish to plead guilty to these three
• 9:54
  charges. Is that right?
• 9:56
  That's correct, Sir. Are you under the influence of
• 9:59
  any drugs or alcohol this morning?
• 10:01
  No, Sir. You've been represented by
• 10:03
  Council. Are you satisfied with his
• 10:05
  representation? Yes.
• 10:07
  Sir. You understand that you have a
• 10:09
  right to a trial by jury on these charges and that by
• 10:12
  pleading guilty to them, you're giving up that right.
• 10:16
  Yes, Sir. Has anyone forced or coerced you
• 10:18
  to plead guilty? No, Sir.
• 10:21
  I'll accept the plea as negotiated.
• 10:23
  Mr. Wilson, when you complete the terms I'll have it go to a
• 10:26
  non reporting status. Good luck to you, Sir.
• 10:29
  Thank you. I'm Miss Wilson.
• 10:31
  I appreciate. Item 58.
• 10:37
  Mr. White. Willie White.
• 10:39
  Well, the next contestant comes up.
• 10:40
  Ronnie, thank you for becoming a channel member.
• 10:42
  Welcome. You've just joined the best
• 10:45
  community in law to bar none. And I don't just say that
• 10:47
  because it's the channel I run. These people are just wonderful.
• 10:50
  So you have access to the pre show now that starts 1/2 an hour
• 10:53
  before this show and you'll see that come up in your feed as
• 10:58
  well. You have the ability to call in
• 11:00
  and talk to me in the fourth hour to do that.
• 11:04
  Make sure if you're not already on our Discord, which I'm sure
• 11:08
  Barbara's about to drop a link to, that you join us on Discord
• 11:12
  and make sure that your YouTube login, your YouTube account is
• 11:18
  linked to Discord. And then that gives you access
• 11:21
  to the member area where every day I post the link to be able
• 11:24
  to join me in the fourth hour. So again, welcome.
• 11:27
  In East Point, we also request that defense stipulate to ID,
• 11:31
  venue and factual basis for the plea.
• 11:34
  Thank you. Mr. God, Your Honor, we
• 11:40
  stipulate for purposes of the plea this would be a time served
• 11:43
  sentence. Based on my calculation, he has
• 11:45
  served 18 days. I would ask the court to
• 11:48
  consider waving the first. Two months of.
• 11:50
  Probation fees and perhaps non reporting about completion.
• 11:53
  Judge the conditions. Does Mr. White need assistance
• 12:01
  with housing? He does, Judge, I believe.
• 12:04
  I haven't confirmed it yet. We spoke, social workers spoke
• 12:08
  to him initially, but I'm going to have them talk to him today,
• 12:12
  Judge. OK, thank you.
• 12:15
  Mr. White, it's my understanding that in case 26CR000100A you
• 12:22
  wish to plead guilty to criminal trespass, is that correct?
• 12:24
  He has his hand up there, Mr. Bad.
• 12:29
  Yes, Sir, you don't. Have to stop.
• 12:30
  This. Oh OK, I didn't know if he had a
• 12:33
  question. Are you under the influence of
• 12:36
  any drugs or alcohol this morning?
• 12:39
  I I can't remember are. You.
• 12:41
  Calling. Oh no.
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  No. No.
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  You've been represented by Mr. Haddad there.
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  Are you happy with what he's done for you?
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  Yes. Ma'am.
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  You understand that you have a right to a trial by jury on this
• 12:56
  charge and that because you're pleading guilty to it, you're
• 12:59
  giving up that right? Yeah.
• 13:04
  Has anyone forced you to plead guilty?
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  I'll accept the plea as negotiated.
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  I will waive six months of the probation fees to help him get
• 13:18
  on his feet. I do want him to have a social
• 13:22
  worker visit to assist him with any housing requirements.
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  When he completes the terms I'll have it go to a non reporting
• 13:29
  status. Good luck to you, Mr. White.
• 13:34
  So will I be united today? You should be.
• 13:39
  You hear me? Oh, yeah.
• 13:41
  So I'm, I'm, I'm not sure what what else you're going to you
• 13:44
  have to do today, Mr. White. I believe you're finished with
• 13:47
  my court. So there's you have some other
• 13:49
  charges that are pending. I take it that that's what this
• 13:53
  is, Mr. Dodd, is that right? No, he does not have any other
• 13:56
  holds. So but I told him we'll take him
• 13:59
  until tonight or possibly tomorrow morning to process him
• 14:02
  out. But he should be released after
• 14:04
  this case. OK.
• 14:06
  All right, so you have the you have the answer to your
• 14:08
  question, Mr. White. If so, all right, good luck to
• 14:11
  you, Sir. Thank you, Judge.
• 14:15
  Mr. Watson. Got to believe that's Miss
• 14:24
  McLeod. Miss McLeod, are you with us?
• 14:36
  You might have stepped away for a moment.
• 14:39
  Can we? You're on.
• 14:40
  I'm here. I'm sorry.
• 14:42
  No, you're fine, miss. I was having difficulty on
• 14:45
  muting. I am here.
• 14:47
  This is Mr. Watson, position number 54.
• 14:51
  What are we doing with him this morning, Mr. Watson?
• 14:56
  Yes. Your honor, he's just listed as
• 15:09
  conflict. I'm not sure.
• 15:10
  He's not my client here on him. Signed yet?
• 15:13
  Yes, I am. OK.
• 15:16
  And you've you've talked with Miss McLeod before, Mr. Watson?
• 15:20
  Yes, in my last. That was, I think that was you.
• 15:23
  You all right, I. Think I pulled that.
• 15:25
  Information from first appearance, Judge, when I looked
• 15:28
  at the calendar, I'm not sure who the attorney was, the
• 15:33
  conflict attorney, but it was noted that was a conflict case.
• 15:36
  Judge OK, well, can we can we have you handle that case?
• 15:39
  Miss McLeod? Is that is that possible?
• 15:44
  I could not handle it this morning, Your Honor, because I
• 15:47
  have 5 clients on this morning and I went to the jail list and
• 15:52
  spoke to all of them. So I didn't know about him and I
• 15:55
  actually have another matter in the CAB County.
• 15:57
  So I was asking that all my clients.
• 15:59
  That's why I went to speak to all of them from yesterday, so I
• 16:02
  would know what they were. Doing OK.
• 16:04
  OK. So Miss Speer, I see that the
• 16:08
  state is requesting 120 days. Do you have any idea of how many
• 16:12
  days is this a time, Sir, plea or not, do you know?
• 16:15
  It would not be Your Honor, no. OK.
• 16:17
  So Mr. Watson, I'm given that it's not a time Sir plea I'm
• 16:21
  going to reschedule your case for next Tuesday, which I
• 16:24
  believe is the 27th. And Miss McLeod, if you wouldn't
• 16:29
  mind handling that for the for the court next week, is that
• 16:32
  possible? That is possibly Your Honor.
• 16:35
  OK, so Mr. Watson, I'm going to see you back next Tuesday, all.
• 16:42
  Right. 55 Mr. White, Devin White.
• 16:48
  And this is also your case, Miss McLeod.
• 16:50
  This is my client, Your Honor, and this is going to get
• 16:53
  negotiated, please, this morning.
• 17:08
  Good morning, Mr. White. I'm Judge Eric Morrow.
• 17:10
  This is the state all-purpose calendar.
• 17:13
  Will you raise your right hand for me, please, Sir?
• 17:15
  Do you swear? Do you swear From the testimony
• 17:18
  you're about to give? Before this court will be the
• 17:20
  truth, the whole truth and nothing but the truth.
• 17:23
  Thank you. You can place your hand down.
• 17:26
  Yes, Miss Fear. Yes, state's requesting 12
• 17:29
  months. Serve 32 days with credit for
• 17:31
  any time already served. Balance probated FVIP no further
• 17:36
  contact with the victim. Jeanette Pullins.
• 17:39
  Stay away from the apartment complex at 3215 Cushman Circle
• 17:44
  in Atlanta. 40 hours of community service and no
• 17:47
  firearms. As a result of this plea, Count
• 17:50
  2 will merge with Count 1. Thank you.
• 17:53
  Mr. Cloud. Yes, you are now.
• 17:56
  My client asked me to raise with the court the issue of no
• 18:00
  further contact because they are engaged and it was a dual arrest
• 18:04
  situation. Both of them are arrested and
• 18:07
  she had indicated at the time of the arrest that.
• 18:11
  She. Wanted to have contact with
• 18:13
  them. They are both indicated that
• 18:14
  you're on. It OK Miss Jeanette Pullins is
• 18:21
  with us. Now is your opportunity to
• 18:23
  address the court. Has your office had any contact
• 18:27
  with Miss Pullen's Miss Speer? I was just looking it up.
• 18:34
  And did you have to I I take it that you didn't have any direct
• 18:37
  contact with Miss Pullen's Miss McLeod?
• 18:40
  Did not I? Was I was not able to get her.
• 18:43
  On the phone. OK.
• 18:56
  It wasn't. I can't confirm.
• 18:57
  It was time. Rest but no, we haven't had any
• 19:00
  contact. With with her.
• 19:03
  OK, so until there's contact with Miss Pullen's eye, will
• 19:08
  have no further contact. Once they if she has a different
• 19:14
  request in the future, she can or he can petition the court to
• 19:19
  modify that portion of the of the sentence.
• 19:24
  I see. Thank you, Ron.
• 19:25
  I will do that. OK, very good.
• 19:29
  If nothing further, Mr. White, it's my understanding that in
• 19:32
  case 26 CR 000119 CU to the Guild of Battery Family
• 19:39
  Violence, is that correct? Yes, I am are.
• 19:43
  You under the influence of any drugs or alcohol at the present
• 19:45
  time. No, Sir.
• 19:48
  You've been represented by Council, are you satisfied with
• 19:50
  her representation? Yes, I am.
• 19:53
  You understand that you have a right to a trial by jury on this
• 19:56
  charge, and if I'm pleading guilty to it, you're giving up
• 19:58
  that right? Yes, Sir.
• 20:01
  Has anyone forced a coercion to plead guilty?
• 20:05
  I'll accept the plea as negotiated.
• 20:07
  Mr. White, when you complete the terms of the probation, I'll
• 20:11
  have it go to a non reporting status.
• 20:16
  I. Did.
• 20:17
  I did? I did.
• 20:18
  I did bond out on this charge like a couple days ago.
• 20:21
  I don't know why they haven't let me out yet though.
• 20:24
  OK. Well, given that you've entered
• 20:26
  into a plea agreement today, you'll be released as if you
• 20:29
  don't have anything else holding you as soon as the jail can
• 20:33
  process you out. All right.
• 20:35
  Thank you. Yes, Sir.
• 20:37
  Good luck to you. Thank you, Anna.
• 20:41
  Once again, good morning, everybody.
• 20:42
  Happy Tuesday. Welcome to TCF live.
• 20:44
  I hope you all had a good extended weekend and you're
• 20:48
  raring to go for a Tuesday here. Let's let's go up to Michigan
• 20:53
  Otsego Connie, where just where Josh Hash where Josh Hash best
• 20:58
  done in. It's it's like a Monday here
• 21:02
  where justice is best done in a converted pole barn.
• 21:07
  There we go, Judge George Mertz. And then Mr. Let's see here, Mr.
• 21:15
  Gallagher, one second. Mr. Gallagher, are you able to
• 21:22
  hear me OK? Yes, Shanna.
• 21:25
  OK, so let's go on the record and people versus Anthony
• 21:32
  Gallagher. This is file number 256872.
• 21:35
  The record should reflect Mr. Gallagher's present today by
• 21:37
  video from Otsego County Jail. If I could have counsel put your
• 21:40
  appearance. On your honor, for the record.
• 21:44
  Thank you Honor Richard Trish on behalf.
• 21:47
  Mr. Trish, can you tell me the status of this file here today?
• 21:51
  Yes, Your Honor, we have a agreement that we intend to
• 21:55
  enter into today to resolve the matter.
• 21:58
  Mr. Gallagher, we plan to count 1, Counts 2, Count 2 in the
• 22:02
  enhancements. Would be this.
• 22:05
  Mr. Roll, is that a correct statement of the plea offer?
• 22:07
  It is, Judge. All right.
• 22:09
  Mr. Gallagher, were you able to hear that?
• 22:14
  Yes. Shannon is.
• 22:16
  That the plea agreement that you've discussed with your
• 22:18
  attorney. Yes, Shannon.
• 22:24
  And did you want to go forward with that plea agreement today?
• 22:28
  Yes. You raise your right hand,
• 22:30
  please. You solemnly swear or affirm
• 22:34
  that the testimony you're about to give will be the truth, the
• 22:36
  whole truth, and nothing but the truth, so help you God.
• 22:39
  Yes. Thank you.
• 22:42
  You can lower your hand. Mr. Gallagher, are you currently
• 22:44
  on any kind of probation or parole?
• 22:48
  No, Sir. You understand that by pleading
• 22:51
  guilty to Count 1, which is possession of methamphetamine,
• 22:54
  that the maximum possible penalty that you could face
• 22:57
  would be up to 10 years and or $15,000 fine.
• 23:01
  Do you understand that? Yes, Shawna, with that in mind,
• 23:06
  what is your plea to that charge today?
• 23:09
  Guilty. Right now, you have certain
• 23:13
  rights. I'm going to go through those
• 23:14
  with you. You have the right to have a
• 23:16
  trial. You have the right to be tried
• 23:18
  by a jury. You have the right to be
• 23:20
  presumed innocent until proven guilty.
• 23:24
  You have the right to have the prosecutor prove beyond a
• 23:26
  reasonable doubt that you are guilty.
• 23:29
  You have the right to have any witnesses against you appear at
• 23:32
  a trial and to question those witnesses.
• 23:36
  You have the right to have the court order any witnesses on
• 23:38
  your behalf appear at trial. You have the right to remain
• 23:42
  silent during a trial and to not have that silence used against
• 23:45
  you, and the right to testify yourself at a trial if you want
• 23:48
  it. Do you understand all those
• 23:50
  rights? Yes, Sir.
• 23:54
  And do you understand that you're giving up and waiving all
• 23:56
  of those rights by pleading guilty today?
• 24:02
  Also, you don't have an automatic right to appeal the
• 24:05
  plea that you're making here today.
• 24:07
  If you wanted to try to appeal it or get it reversed, you can
• 24:10
  only do that by leave. And that means that you would
• 24:13
  have to ask for the Court of Appeals to hear your case.
• 24:17
  They could say no, and then that would be the end of any appeal.
• 24:21
  Do you understand that? Yes, your Honor.
• 24:25
  Has anyone threatened you with anything to get you to plead
• 24:27
  guilty? No.
• 24:31
  Has anyone promised you anything other than what we've said here
• 24:34
  on the record today? No, they have not.
• 24:38
  Is it your own free choice to enter this plea?
• 24:41
  Yes. Are you pleading guilty to this
• 24:44
  charge because you are actually guilty?
• 24:47
  Yes, Shanna. The information I have indicates
• 24:51
  that this happened about a year ago on January 17th of 2025.
• 24:56
  Is that the correct time frame? Yes, Shanna.
• 25:01
  At that time, were you present here in Otsego County?
• 25:05
  Yes. While you were here in Otsego
• 25:08
  County, did you have possession of some methamphetamine?
• 25:12
  Yes. Did you know that that's what
• 25:15
  that substance was? Yes.
• 25:19
  Did you have any legal right to have any amount of it at that
• 25:21
  time? No, I did not.
• 25:25
  Mr. Roll, are the people satisfied with the factual basis
• 25:28
  this judgement? Mr. Truce, defense is satisfied.
• 25:32
  Counselor, either of you aware of any threats, promises or
• 25:35
  inducements on what's been placed on the record?
• 25:37
  Done. By the people.
• 25:40
  Floor down your arm. And are you both satisfied that
• 25:42
  the court has complied with statute and court rule in the
• 25:45
  taking of this plea? Defense is satisfied.
• 25:49
  Thank you. Mr. Gallagher.
• 25:50
  The court finds that your plea is knowing, voluntary, and
• 25:53
  accurate. The court is satisfied that
• 25:56
  there is a factual basis to support a finding that you are
• 25:58
  guilty of this charge. The court will accept your
• 26:01
  guilty plea. We'll set this matter for a
• 26:04
  sentencing hearing. Between now and then you'll be
• 26:07
  meeting with someone from the Probation department for a pre
• 26:11
  sentence report and you'll have an opportunity to review that
• 26:15
  with your attorney prior to the sentencing hearing.
• 26:19
  Mr. Troush, is there anything else we need to address on this
• 26:21
  file today? Not on this file.
• 26:23
  Mr. Rola, Mr. Gallagher, do you have any questions about how
• 26:27
  we're going to proceed with your case?
• 26:30
  No, I don't. You're on it.
• 26:32
  OK. Thank you.
• 26:32
  That's all for this hearing today, and the court is going to
• 26:35
  disconnect. Thank you all.
• 26:46
  Right, Mr. Burke, we're still waiting for Mr. Dion's council.
• 26:50
  We have a bit of a snowstorm up here overnight and into the
• 26:55
  morning, so she's running late. So we'll get started with your
• 26:59
  case as soon as we can. No problem, Meredith.
• 27:01
  Sounds good. Thank you.
• 27:02
  Appreciate that. Mr. Truce, did you have Mr.
• 27:05
  Drysdales? I do.
• 27:08
  Is he logged in to Zoom? The court had previously
• 27:11
  approved his Zoom appearance. You see that?
• 27:12
  But I don't see him. So we'll just ask that for the
• 27:16
  moment. Sir.
• 27:24
  Are you? Alan.
• 27:25
  Millsap. Yes, can you hear me?
• 27:36
  I can. Thank you.
• 27:37
  All right, we're going to go on the record in people versus
• 27:41
  Millsap, and this is file number 256912.
• 27:45
  The record should reflect Mr. Millsap as present today by
• 27:48
  video from Department of Corrections.
• 27:51
  Mr. Millsap, the Court set this for a hearing today because we
• 27:56
  have a jury trial scheduled in your case for March and we
• 28:02
  received some information that your attorney, Mr. Mataloni,
• 28:06
  passed away in December. Is that your understanding as
• 28:09
  well? That's correct.
• 28:12
  So I scheduled this hearing because I, I wanted to see where
• 28:17
  you were at in terms of council, if you were, you know, planning
• 28:22
  on hiring your own council, if you wanted to request court
• 28:25
  appointed council, can you tell me where things are at from that
• 28:28
  standpoint? Yeah, I got, I have 2 new
• 28:32
  lawyers, Marcus Baldori and Robert Baldori.
• 28:40
  OK. And do you know are they going
• 28:43
  to file appearances in the case? Because we haven't gotten that
• 28:46
  yet? Yes.
• 28:49
  All right. And is it going to be your
• 28:52
  intention to have them proceed with that trial as scheduled in
• 28:56
  March or do you know if they're going to be wanting more time
• 29:00
  since they're coming onto the case at this point?
• 29:03
  It's. My understanding that most
• 29:06
  likely they're going to want that to change so they have time
• 29:09
  to prepare. OK.
• 29:12
  All right. Thank you.
• 29:14
  Mr. Rolla, was there anything that you wanted to add for the
• 29:16
  record? Well, Judge, we haven't.
• 29:18
  I just indicate we haven't received any appearances yet
• 29:21
  either. But should they file them?
• 29:23
  Obviously with them coming in, people aren't going to have an.
• 29:27
  Objection. Maybe promotion furniture?
• 29:30
  OK. So, Mr. Millsap, if you do talk
• 29:33
  to your attorneys, they need to file an appearance in the case
• 29:37
  so that we can start sending them mailings and so that they
• 29:40
  have access to all the filings. Once they do file an appearance,
• 29:44
  then the court will set this for another status conference.
• 29:47
  Hopefully that'll be, you know, within the next 30 days or so
• 29:51
  and and then I'm going to leave that trial date on for now.
• 29:55
  But certainly if your attorneys request an adjournment and you
• 29:59
  don't have an objection, it sounds like the prosecutor
• 30:01
  won't, then that's something we can address later.
• 30:05
  Do you have any questions about that?
• 30:10
  OK All right, thank you. That's all for this hearing
• 30:12
  today. And the court is going to
• 30:14
  disconnect. It's TCF live on a Tuesday, a
• 30:22
  quiet Tuesday out there to be honest, not a not a whole lot of
• 30:26
  court action at the moment, but it should pop off eventually
• 30:30
  sometimes coming out of a longer weekend.
• 30:32
  Things are a little slower to start, but let's rotate back to
• 30:36
  Georgia and continue with Judge Morrow for a little bit.
• 30:40
  It's. It's Wilkie right here, Position
• 30:43
  35 and 3238. And what are we doing with Miss
• 30:57
  Miles Wilkie this morning? Miss McLeod, Your Honor, we are.
• 31:01
  Requesting that all of her cases be placed on the next available
• 31:04
  jail trial calendar. And so you'll file a waiver in
• 31:07
  the matter. Yes, we've already filed waivers
• 31:10
  into all the cases. OK, very good.
• 31:14
  Good morning, Miss Miles Wilkie, your case will be returned to
• 31:17
  the division judge and you'll get notification of your next
• 31:19
  hearing date. Ma'am, good luck to you.
• 31:23
  I also have Miss Lupo right here, position 27.
• 31:27
  She's also Miss McLeod. Your Honor, Miss Lupo is going
• 31:36
  to be a negotiated plea. Yes.
• 31:54
  Good morning, Miss Lupo. I'm Judge Eric Morrow.
• 31:56
  This is the state all-purpose calendar.
• 31:58
  Will you raise your right hand for me, please?
• 32:01
  Do you swear? Affirm.
• 32:02
  The testimony you're about to give before this court will be
• 32:04
  the truth, the whole truth and nothing but the truth.
• 32:08
  OK, I can't hear you. You're going to have to scooch
• 32:09
  up for me or speak up. OK.
• 32:12
  You can place your hand down. Thank you, ma'am.
• 32:15
  Yes, Miss Peter. Stan negotiated 12 months
• 32:19
  probation, 30 days to serve with credit for any time already
• 32:22
  served. Stay away from all 5 below
• 32:25
  stores, especially the one located at 3612 Marketplace.
• 32:28
  That's the incident location. No further contact with the Co
• 32:32
  defendant. Sekai SEKAI.
• 32:36
  I'm sorry SEKAYI Thomas MH/BH ET you do ask defense stipulate to
• 32:44
  ID, venue and factual basis for the plea.
• 32:47
  Thank you. We do so stipulate.
• 32:52
  Miss Lupo, is my understanding that in case 26 CR 000115 Y you
• 32:58
  wish to plead guilty to theft by shoplifting.
• 33:00
  Is that correct? Say it again for me, please.
• 33:05
  Yes, Sir. Are you under the influence of
• 33:08
  any drugs or alcohol this morning?
• 33:10
  No. Sir.
• 33:12
  You've been represented by Council.
• 33:13
  Are you satisfied with her representation?
• 33:15
  Yes. Sir.
• 33:17
  You understand that you have a right to a trial by jury on this
• 33:20
  charge and that by pleading guilty to it, you're giving up
• 33:23
  that right. Say it again.
• 33:27
  Yes, Sir. Has anyone forced or coerced you
• 33:30
  to plead guilty? I'll accept the plea as
• 33:33
  negotiated. Miss Lupo, when you complete the
• 33:36
  terms I'll have it go to a non reporting status.
• 33:38
  Good luck to you, ma'am. Thank you, Anna.
• 33:46
  Let's head slightly more S Wade Mercer starting his first
• 33:50
  appearances. Mr. Chubb and make sure he can
• 33:53
  see. I make sure he can hear you,
• 33:54
  please. Senor Chubb MI nombres giordani
• 33:57
  Ricardo so interpreter para que SE pueda comunicado con El huez
• 34:01
  will take my way my scucha. Say.
• 34:06
  You can hear me and see me, Your Honor.
• 34:09
  Great. Mr. Chubb, you're back to first
• 34:11
  appearance this morning for the no valid driver's license charge
• 34:13
  I saw you about this weekend. Senor Chob esta de Nuevo frente
• 34:18
  El tribunal por El cargo de nordiner licencia de conducir
• 34:22
  por El cualio lo vie estefinda semana.
• 34:25
  I'm appointing Mr. Mcdaniel's office to represent you and
• 34:28
  asking that you listen to your attorney.
• 34:30
  Le boya Cigna la ficina del senoro McDaniel paraquilo
• 34:34
  represente Y le vido que escuche escuabogado.
• 34:42
  Your honor, I spoke to Mr. Chubb.
• 34:43
  He's going to plea of no contest the charges listed.
• 34:46
  SU senorio vleco El senor job El sebad E gladar nomio pongo de
• 34:50
  Los cargos acico mozelia cusa. Understanding he'll serve 10
• 34:55
  days in the county jail. We have three days jail credit.
• 34:58
  We have $400.00 fine. And then the endo que de Andrea
• 35:01
  que complete Dias en la carcel dia de cuatro cientos dolares.
• 35:11
  To explain that any conviction can result in deportation and
• 35:15
  that there's already a nice hole for him as well.
• 35:18
  Le explicado que cualquer tipo de condena puede resolta re la
• 35:22
  deportacion, E que El yati en una Ord en de parte de retencion
• 35:26
  departed emigration. Scientists two way reform
• 35:31
  weapons rights to jury trial. And call with us.
• 35:43
  Thank you. Mr. Mitchell.
• 35:44
  Is that agreeable with the state?
• 35:45
  It is your. Honor and.
• 35:53
  Mr. Chubb, did you hear that agreement?
• 35:55
  Senior job is cujo este de la cuerdo, Yes.
• 36:04
  Mr. Chubb, do you have any questions about that agreement?
• 36:06
  Senior job DNA alguna pregunta cerca de la cuerdo.
• 36:12
  Oh. No.
• 36:15
  Is that the plea that you would like to enter?
• 36:18
  SSA la cuerdo que said they say acceptor yes.
• 36:26
  Mr. Chubb, I'm acceptor plea of no contest to the charge of no
• 36:29
  valid driver's license. Senior job acceptors who contest
• 36:33
  a cion de nomio bonguant El cargo de.
• 36:38
  I'm adjudicate you guilty of that offense and sentence you to
• 36:40
  10 days in the Jackson County Jail.
• 36:42
  Lobo, yeah Condenar call Pablo de la Offence a lo Condeno A
• 36:45
  DSDS and la carcel del Condado Jackson.
• 36:49
  Mr. Chubb, do you have credit for the three days you've
• 36:51
  already served? Senior job DNA credito por Los
• 36:55
  tres Dias que ya complio. And I've got to impose the fine
• 36:59
  set by state and county law, which is $400.00.
• 37:01
  That'll be a civil judgment. ELE teno quin poner la le fejada
• 37:06
  por la le del estado del condado san cuatro cientos dolares de
• 37:10
  multa. Mr. Chubb, the jail will go
• 37:13
  ahead and notify Immigration that that you can be picked up
• 37:15
  at any time. Senior job a la carcel Eno de
• 37:19
  figarai migration que yellow pueden re coherent cualquier
• 37:22
  momento. So you'll actually finish the
• 37:25
  sentence while you're in their custody most likely.
• 37:28
  So Lomas probably este segura mentos de TER minera esta
• 37:31
  condena mientras este yabajo la custodia de agos.
• 37:35
  Do you have any questions? En elguna pregunta.
• 37:41
  No. No.
• 37:43
  Have a good day, Sir. Que tengo Wendia senor.
• 37:48
  We have Alvado, Alvado and Mr. Ricardo.
• 37:56
  If you please introduce yourself to Mr. Alvardo, make sure he can
• 37:58
  see and hear you. Senor Alvardo, So you're Danny
• 38:01
  Ricardo, interpreter para que SE pueda comunicar con El ques
• 38:04
  usted my way, my scooch. See he can hear me and see me,
• 38:09
  Your Honor. So, Corporal, I've got his name
• 38:15
  spelled differently. On the on the jail sheet, the
• 38:24
  interpreter request from the jail and the complaint don't
• 38:28
  match. So Corporal looks like it may be
• 38:31
  an error in the at the jail. Can you check the spelling of
• 38:34
  his name? Alvarado or Alvardo Corporal,
• 38:44
  Sorry, sorry. Can you spell your last name?
• 38:47
  Senor, my brother ALBARADO. Yeah, they missed an A, OK.
• 38:58
  So, Corporal, if we get those jail records correct, Mr.
• 39:01
  Alvarado, I'm going to point the public thinner's office to
• 39:03
  represent you and ask that you listen to your attorney, Sir.
• 39:05
  Senor Alvarado la boya Cigna la ficino de la bogado officio para
• 39:09
  que represente libido que escuche as well.
• 39:14
  Your honor, I'll spoke to Mr. Alvarado.
• 39:16
  He's going to have no contest or charge as listed the
• 39:18
  understanding if he sentenced. 10 days in the county.
• 39:20
  Jail with three days of jail credit.
• 39:22
  So senori avlado Corinne senor Alvarado El sebad de Clara nomeo
• 39:27
  bonguante Los cargos asico mos Elia cusa and then the endo que
• 39:30
  seleva condenara DSDS and la carcel contres Dias de credito.
• 39:35
  To be a $400.00 fine imposed, which will be a civil judgment
• 39:38
  more than likely he has waited tribes to a jury trial and call.
• 39:41
  Witnesses. And understands that any
• 39:44
  conviction can result in deportation.
• 39:47
  El tambien tendrona multa de cuadros sientos dolares que lo
• 39:50
  que mas probably southeast a UN fayo civil de la Reno ciabos
• 39:54
  uderetro UN cuisio con UN cuadado EN tiende que que
• 39:57
  tiertipo de Conde na puede resultar en la de portacion.
• 40:02
  With the next Sean? Esto SU scenario.
• 40:07
  Thank you. And Mr. Mitchell, is that
• 40:08
  agreeable with the state? It is your honor.
• 40:11
  Mitchell, Estadio, Estado, Los Tasos.
• 40:13
  Scenario, Michelle. Alvarado, did you hear that
• 40:18
  agreement, Sir? Senior Alvarado's Cujos de la
• 40:21
  Guerdo say yes. Do you have any questions about
• 40:26
  that agreement? En elguna pregunta cerca de la
• 40:29
  cuerdo. No.
• 40:35
  Did he say no? He said no.
• 40:37
  And is this the plea you would like to enter, Sir?
• 40:40
  Is este la cuerdo que de southeast a septar senor?
• 40:54
  Well, I'm not able to request a bond, right?
• 40:57
  I don't know. See, you already have a bond on
• 41:02
  the driving offense, but you do not have a bond.
• 41:05
  You're not entitled to the one on the immigration hold.
• 41:08
  I explained. To you this weekend through an
• 41:19
  interpreter that if you post bond on the driving offense, you
• 41:23
  still will not get out of jail because of the immigration hold.
• 41:26
  You'll explicate Stefan de semana mariante UN interpreted
• 41:29
  que en custe pagara la fianza en El caso de manicar Nos al Rio de
• 41:34
  la carcel como quiera de video la retencion de parted in
• 41:37
  migration. So do you want?
• 41:40
  To enter this plea or not? Yes.
• 41:47
  Want to accept your plea of no contest?
• 41:48
  The charge of driving with no valid driver's license.
• 41:51
  Accept to SU contestacion de nomio pongo and tell cargo de
• 41:54
  manicars in licencia de conducido.
• 41:57
  I'm going to judge you're guilty of that offense and sentence you
• 41:59
  to 10 days in the county jail. Lo condeno call Pablo de la
• 42:03
  Fencia Y lo Condeno, Adias Dias and la Carcel del Condado.
• 42:07
  I'm imposing the fine of $400.00 and giving you 3 days credit.
• 42:11
  Lin pongo la multa de cuatro cientos dolares cielito interest
• 42:14
  Dias de credito and. I'm going to ask the jail to
• 42:17
  notify us to pick you up so you may actually finish this
• 42:19
  sentence while you're in their custody.
• 42:22
  Do you have any questions? No.
• 42:36
  Have a good day, Sir. Thank you.
• 42:40
  Mr. Carter. Thank you.
• 42:43
  In these cases, Dennis Howard. I'm sorry, Howard Dennis.
• 42:54
  I apologize. Mr. Dennis.
• 42:55
  Good morning. Mr. Dennis, you're here for
• 42:57
  first appearance accused. Good morning, your future.
• 42:59
  One kind of obstruction of justice.
• 43:00
  Mr. Dennis, I received a call from the Cabinet Sheriff's
• 43:03
  Department this morning advising us that they think that
• 43:06
  additional felony charges are very likely depending on what
• 43:10
  happens today. So I'm just making you aware of
• 43:12
  that possibility. As far as this charge, there is
• 43:15
  probable cause and I'm going to appoint the public office
• 43:19
  represents you for first appearance purposes.
• 43:21
  Mr. Dennis, let me see what Mr. Mcdaniel's position is and Mr.
• 43:26
  Mitchell's and then we'll go from there.
• 43:27
  Mr. McDaniel, Anything. Yeah, don't we just?
• 43:29
  Ask for some kind of reasonable bond.
• 43:31
  He lives around here. He's like going to where I've
• 43:34
  already talked to him about his needs to bond out so we can go
• 43:36
  talk to the attorney as ASAP, as soon as possible and you know,
• 43:39
  whatever kind of legal actions that might be coming.
• 43:45
  OK. So the confusion on the name is
• 43:48
  the jail sheet says Howard, Dennis in one place and the
• 43:52
  other place it says Dennis Howard on the pretrial release
• 43:54
  sheet, which is correct, Sir? Thanks, William.
• 43:58
  My name is William Howard Dennis.
• 44:00
  William Howard Dennis's name. So.
• 44:02
  So Corporal, the pretrial release sheet is the opposite of
• 44:08
  the the other paperwork. So it's William Howard Dennis.
• 44:11
  OK, So Mr. Dennis, thank you. Mr. Dennis, the the pretrial
• 44:15
  release sheet is not filled out. So I have no idea if you're
• 44:17
  employed. I have no idea if you're.
• 44:19
  Retired. What's your What's your
• 44:21
  employment status? I am employed.
• 44:23
  I'm employed with with Beard Equipment Company in Panama
• 44:26
  City, FL. I work every day, I pay
• 44:28
  mortgage. I try.
• 44:29
  I'm trying to do it all. How?
• 44:30
  Long have you? How long have you had that job?
• 44:33
  I've had that job for about 9 months when I moved from another
• 44:38
  equipment job in Panama City to there.
• 44:41
  OK. And how long have you lived in
• 44:42
  Jackson County? I was born and raised here.
• 44:46
  OK. Mr. Mitchell, anything from the
• 44:48
  state? No, Your Honor, Mr. Howard, I'm
• 44:50
  going to set you the standard bond of $2500.
• 44:52
  Now, whether you go ahead and post that bond or whether you
• 44:54
  wait to see if there's other charges is up to you.
• 44:58
  I was just advised there may be, there's likely to be additional
• 45:01
  charges coming, but we'll see what happens.
• 45:03
  You have the right to post the bond immediately and be
• 45:05
  released. You do need to understand this
• 45:07
  bond has nothing to do with any other bond.
• 45:10
  If they charge you with serious felony charges like they're
• 45:13
  they're discussing, that would be a totally separate bond,
• 45:16
  probably much higher than this. You need to be aware of that
• 45:19
  possibility. But right now that's your bond,
• 45:22
  $2500 cash assured. It's a pretty standard bond for
• 45:24
  this charge. You might be a conditional
• 45:27
  release candidate. The problem is these other
• 45:29
  charges that's kind of throwing a kink and everything, so
• 45:32
  hopefully they'll know the next day or two if there's going to
• 45:35
  be additional charges or not. Do you have any questions?
• 45:40
  Have a good day, Sir. We had some individual just come
• 45:47
  in for first appearance I think. Are y'all here for a first
• 45:49
  appearance case? Court date?
• 45:54
  February 2nd please. Please.
• 45:56
  February 2nd, 9:00. What's his name ma'am?
• 45:58
  I try to call it next. Richard Glass, we have parents
• 46:06
  here on Richard Glass, so let me see him next, please.
• 46:09
  Mr. Glass, your mom and dad, Uncle.
• 46:16
  OK. Your mom and your uncle are in
• 46:18
  the courtroom. Mr. Glass, you're here because
• 46:20
  you've been accused of one kind of possession of methamphetamine
• 46:22
  and one kind of resisting offshore without violence.
• 46:24
  Mr. Glass, there is probable cause for the charges of Mr.
• 46:28
  Glass. I think you're title.
• 46:33
  Sorry. I think you're titled to a bond,
• 46:34
  Mr. Glass. Let me see if the attorneys have
• 46:36
  an additional thing to add before I set that bond.
• 46:39
  Mr. McDaniel. Anything.
• 46:40
  Nothing young. Mr. Mitchell.
• 46:43
  We just request to be subject to random UA's.
• 46:45
  Thank you. Mr. Glass.
• 46:46
  I'm going to set you the bond of $5000 on the felony charge and
• 46:49
  the bond of $2500 on the misdemeanor.
• 46:51
  I have read your criminal history.
• 46:53
  I've also looked your driving record and see some recent stuff
• 46:57
  as recently as within the last month, some driving with no
• 47:00
  registration or something like that that's still pending.
• 47:02
  So Mr. Glass, your total bond is $7500 cash or surety.
• 47:06
  Cash or surety means. Anyway he can.
• 47:08
  Have to put up all of it if he wants to and has the ability to,
• 47:11
  or he can go through a bondsman. That's what a surety bond is.
• 47:14
  His bond has a condition of random urinalysis because it's a
• 47:16
  drug offense, ma'am. That means that he can be given
• 47:18
  a drug test and if he if he tests, pause for anything in his
• 47:21
  system that he doesn't have a valid prescription for, he could
• 47:24
  go to jail with no bond. So that's a condition of his
• 47:27
  bond. Let me see if your mom has any
• 47:29
  questions. Let me see if your mom has any
• 47:31
  questions first, Mr. Glass. Then we'll see if you have any
• 47:33
  questions. Ma'am, do you have any
• 47:34
  questions? No, Mr. Glass, do you have any
• 47:37
  questions? No Sir.
• 47:39
  You can test me right now. I'm clean.
• 47:42
  Well, you get a chance to use the phone in just a few minutes,
• 47:44
  ma'am. And whether y'all post bond or
• 47:46
  not, it's up to you. He's also going to be given his
• 47:48
  notice for his next court date. Would that be the 3rd?
• 47:52
  February 3rd at 8:30 will be your court date.
• 47:54
  They're going to give you that notice, Mr. Glass.
• 47:59
  Thank you for coming, ma'am. After Mr. Glass, we have
• 48:04
  Ladalvin Wines. Mr. Wines, good morning.
• 48:18
  You're here for first appearance.
• 48:19
  Accused of habitual offender driving while license suspended.
• 48:23
  That's the third degree of felony charges you're accused
• 48:25
  of. Mr. Wines.
• 48:26
  There is probable cause and according to the Florida
• 48:28
  Department of website, Department of Corrections
• 48:30
  website, you're on probation out of Gadsden County.
• 48:34
  You are still on probation, correct?
• 48:37
  No, none of that is true. I ain't even in here for that.
• 48:40
  You're not. On probation, Mr. Wines.
• 48:42
  Hey, you talking about somebody? Yes, I'm in here for a domestic
• 48:45
  charge. This is Mr. Wines, the second
• 48:47
  one on the case. I apologize, Mr. Wymes.
• 48:50
  I'm sorry. I'm confused.
• 48:52
  I was looking at Mr. Wiggins on my sheet.
• 48:55
  Mr. I took Mr. Glass out of order, Mr. Wymes.
• 48:57
  And so I was looking at the person after Mr. Glass.
• 48:59
  That's my mistake. Let me go back up to the one
• 49:01
  above Mr. Glass, which is Ladalvin Wymes.
• 49:04
  Mr. Wymes, you're accused of 1 count of tampering with a a
• 49:07
  victim and one count of domestic battery by strangulation.
• 49:10
  That's what you're accused of. Mr. Wymes.
• 49:12
  There is probable cause in those charges.
• 49:14
  Mr. Wymes, I think you're entitled to a bond, as far as I
• 49:16
  can tell. Let me make sure that the
• 49:18
  attorneys don't have any additional information before I
• 49:20
  set that bond. Mr. McDaniel.
• 49:22
  Anything. There you go.
• 49:24
  Mr. Mitchell? No, you're on there.
• 49:26
  So Mr. Wymes, in your case, I have looked at your criminal
• 49:28
  history also Mr. Wymes, and it shows multiple, it shows a prior
• 49:34
  battery by strangulation that was dismissed.
• 49:36
  It was dismissed. And then there's another battery
• 49:40
  charge, Leon County obstruction justice.
• 49:45
  Now that's this one. OK, So not a whole lot of
• 49:49
  criminal history, but there's enough there and that and the
• 49:52
  complaints enough. I'm not going to give you a
• 49:53
  conditional release, but I'm going to set your bond because I
• 49:56
  think you're entitled to one. These are two third degree
• 49:58
  felony bonds. Mr. Williams, I'm going to set
• 50:00
  you my normal bond. I set for people that that that
• 50:02
  don't have much criminal history, and that's $5000 on the
• 50:05
  third degree felony. You have two of those charges.
• 50:08
  So your total bond, Mr. Wives, is $10,000 cash or surety.
• 50:11
  Cash or surety means you don't have to come up with all the
• 50:13
  money. You can go through a bondsman,
• 50:15
  Mr. Wives. That's what a surety bond is.
• 50:17
  So in just a few minutes, you're going to get to use the phone,
• 50:19
  contact whoever you wish, friends or family or bondsman,
• 50:22
  you post the bond, you'll be released immediately.
• 50:25
  Mr. Wine, if you're not able to post the bond, the public
• 50:27
  defender's office will be in contact with you at the jail.
• 50:29
  Mr. Wine, you're also going to be getting the notice for your
• 50:31
  next court date, which would be February the 3rd at 8:30.
• 50:35
  Mr. Wine, do you have any questions?
• 50:38
  Oh Sir, so with the 10,000 bond that means it's actually $1000,
• 50:43
  right? Thousand, not a bond.
• 50:44
  If they charge you 10%, some places will take less than 10%,
• 50:48
  some places may take 500 upfront and work with payments on the
• 50:51
  rest. But yes 10% of of the 10,000
• 50:55
  would be 1000. But but that's negotiable with a
• 50:57
  bond here everybody. Else has no contact with the
• 51:02
  victim. Yeah, no contact.
• 51:03
  Alleged victim Mr. Williams. Thank you, Mr. Wiggins.
• 51:07
  Now we get to Mr. Wiggins. Marques Wiggins.
• 51:10
  She brought it to my attention, She reminded.
• 51:13
  You, Mr. Wiggins. Good morning.
• 51:14
  Mr. Wiggins. You're accused of 1 count of
• 51:16
  habitual offender driving my license suspended.
• 51:19
  Yours is the case where Department of Corrections
• 51:21
  website shows that you're still on probation out of Gaston
• 51:23
  County. Are you still on probation?
• 51:25
  Yes, Sir. Mr. Wiggins, I think you're
• 51:27
  entitled to a bond of the new charge, but not necessarily on
• 51:30
  the VOP. I want to ask the attorneys to
• 51:32
  see what information they have. Then we're going to go from
• 51:34
  there. Mr. McDaniel, anything on behalf
• 51:36
  of Mr. Wiggins? Nothing young.
• 51:38
  Mr. Mitchell. We just request A7 day hold.
• 51:42
  I'll be in contact with Gaston County.
• 51:45
  I'll see if I can get in touch with possibly ASA Edwards.
• 51:48
  I can reach him a lot easier and see if we can get a warrant out
• 51:51
  for that VOP if they're going to go.
• 51:53
  Forward, thank you. So Mr. Wiggins, I'm going to set
• 51:55
  your bond of the new case. The bond of the new case is
• 51:58
  going to be $10,000 cash or surety.
• 52:00
  The reason the bond is that amount is because you're already
• 52:02
  on probation. That bond has a condition that
• 52:04
  you not drive a motor vehicle. The reason for that is you've
• 52:07
  got a habitual suspender, habitual designation from 2024.
• 52:11
  I think you've got a five year suspension, so you can't be
• 52:14
  dropped. But don't try to post the bond,
• 52:16
  Mr. Wiggins, because for seven days I'm going to hold you with
• 52:19
  no bond. I'm going to ask Mr. Mitchell,
• 52:21
  notify the authorities in Gadsden County and see if
• 52:23
  they're going to take a warrant or not on the VOP.
• 52:26
  Have no idea if they will or not.
• 52:28
  If they don't have a warrant within seven days, you'll come
• 52:30
  back to first appearance. I release that hold on you.
• 52:33
  You'll be free to post bond at that point.
• 52:35
  If they do have a warrant, we'll see if that warrant has a bond
• 52:38
  or not. So I'll see you in seven days,
• 52:41
  Mr. Wiggins. Any questions?
• 52:44
  No, Sir all. Right, Sir, I'll see you in
• 52:46
  seven days. Let's, let's do give him a
• 52:48
  notice for his next court date, please.
• 52:50
  That would be February the 3rd at 8:30.
• 52:57
  And who do we have next? My list is mixed up.
• 53:01
  I'm sorry. Dana McDonald.
• 53:03
  All right. Is it deny McDonald.
• 53:06
  Miss McDonald, good morning. You're back for your first
• 53:09
  period this weekend by Judge Garcia, I believe, for criminal
• 53:12
  mischief. The complaint the.
• 53:15
  The, I guess the complaint says over 100 but less than 1000.
• 53:19
  But the complaint never gives any value at all to the damage
• 53:26
  that was allegedly done. So Mr. Mitchell, I'm going to
• 53:28
  ask you to notify the officer and remind them that that it's,
• 53:31
  we have to assume it's the lowest degree crime, a second
• 53:34
  degree misdemeanor if they don't put a value in there.
• 53:36
  So, Miss McDonald, I'm appointing the public service to
• 53:38
  represent you. Please listen to Mr. McDaniel,
• 53:40
  your attorney, John, we're just going to ask that Miss McDonald
• 53:43
  get a conditional release and court date for February 2nd,
• 53:47
  9:00 the the jail. She says she was offered a given
• 53:51
  a conditional release this weekend.
• 53:52
  Is that not accurate? Well, she was going.
• 53:54
  Her parents were. Going to post bonds from.
• 53:55
  Ohio and I, they've had problems.
• 53:57
  I don't know it's a $250 bond, but I think they're trying to go
• 54:00
  through a bail bonds when who probably is not going to accept
• 54:02
  write a bond on $250 and I don't know if they can't figure out
• 54:05
  how to send the cash. Or.
• 54:06
  OK, so just a second, ma'am. Just a second, ma'am.
• 54:09
  Let me I need some information from the jailer first.
• 54:12
  So corporal, Corporal, I need your help with this one.
• 54:15
  Hey, so Corporal the the first appearance sheet says
• 54:23
  conditional release or $1000 bond.
• 54:26
  I have not watched the video. Was she offered a conditional
• 54:29
  release this weekend or not? And Mr. McDaniel says 250 but my
• 54:38
  my jail sheet says 1000. So I need to be clear on that
• 54:40
  according. To.
• 54:42
  The first appearance sheet she. Had a.
• 54:45
  Condition. Release or $1000 bond.
• 54:48
  Yes, it was. It was a.
• 54:49
  Conditional release or $1000 bond.
• 54:51
  Someone told me it. May be a her that told me that.
• 54:54
  Someone called me this. Morning.
• 54:55
  And I think it might have been the parents.
• 54:58
  Whoever called me, I was thinking they said, so you, you
• 55:02
  chose the bond, but then we're unable to post it.
• 55:05
  Is that correct? Yes, Sir.
• 55:07
  My mom, I'm a scholarship. I play basketball for Chipotle.
• 55:11
  My mom is in Ohio. So she told me to just take the
• 55:13
  bond so I wouldn't have to be going through probation and
• 55:16
  stuff like that because I am a basketball player and in school.
• 55:20
  So when I tried to do that, the bondsman were.
• 55:22
  Like it was. Difficult for my mom because
• 55:24
  she's 19 hours away. So then my mom said it would
• 55:27
  just be best when I have this again to just choose a
• 55:30
  conditioner. Release.
• 55:32
  So you want to accept? OK.
• 55:34
  You want to accept the conditional release that Judge
• 55:36
  Garcia offered you this weekend, correct?
• 55:40
  Yes. OK, I'm going to, I'm going to
• 55:42
  grant you the conditional release.
• 55:43
  Judge Garcia's already granted that, so there's no problem with
• 55:45
  that. What that means is you're going
• 55:47
  to get out of jail this morning and let me tell you what's going
• 55:49
  to happen. They're going to let you get
• 55:50
  dressed in your regular clothes and then they're going to bring
• 55:52
  you, the jail's going to bring you to the courthouse because
• 55:54
  that's where the conditional release office is at.
• 55:57
  When you get to the courthouse in this McDonald, you'll meet
• 55:59
  with Mr. Goodson or Mr. Ham, probably Mr. Goodson, the
• 56:01
  conditional release officer. So you mean your condition
• 56:05
  release? That's one.
• 56:06
  So Mr. Hale meet with you and then they'll go over the release
• 56:09
  with you. They'll give you a copy of all
• 56:11
  the rules in writing. They'll give you a chance to ask
• 56:13
  any questions and then you'll you'll be free to leave.
• 56:18
  You will have to be back in court on the court date of
• 56:23
  February 2nd at 9:00 AM. They will give you that notice
• 56:26
  downstairs. They'll get you to sign for that
• 56:28
  notice. You do have a condition of no
• 56:30
  contact with alleged victim, no contact at all with the person
• 56:34
  that's accused you of this, and you will be at the courthouse in
• 56:38
  probably 30 to 45 minutes. You can use the phone before you
• 56:41
  leave there to call friends or family to tell you for
• 56:43
  transportation purposes. You can be picked up in about 30
• 56:45
  or 45 minutes at the courthouse after you meet with the officer,
• 56:48
  Miss McDonald, if you have any questions.
• 56:51
  No, Sir. Thank you so much.
• 56:52
  Yes, ma'am. Wish you the best, James Ammons.
• 57:00
  James Ammons was returned to a sale, Your honor.
• 57:03
  And next is Marley Owens. OK, Miss Owens.
• 57:09
  Good morning, ma'am. I first appeared to you when I
• 57:11
  covered on Sunday, ma'am, for the charge of driving my
• 57:14
  license. Suspended or revoked knowingly.
• 57:15
  Miss Owens, I'm appointing the public officer represent you.
• 57:18
  Ma'am, Please listen to Mr. McDaniel, your attorney.
• 57:22
  Yeah. I spoke to Miss Owens and she
• 57:24
  was going to accept the offer from the state.
• 57:26
  A six month probation for no valid driver's license, $400.00
• 57:30
  fine. She can.
• 57:33
  If she gets a valid driver's license within 60 days, that
• 57:36
  fine will be lowered to $300 and she has signed a plea wave
• 57:41
  reform weapon rights to three trial and call witnesses.
• 57:44
  OK, I don't don't. Write.
• 57:45
  Anything about that offer, because I told Mr. Mitchell that
• 57:50
  I I'm not, not surely not necessarily post a probation if
• 57:52
  she had a job, a real job. And I'm not sure why I'd be 6
• 57:56
  months anyway, because it appears she's got a prior.
• 57:58
  Yeah, yeah. Sorry.
• 58:00
  So. I don't.
• 58:01
  Think she employed it. I don't think she had a *.
• 58:03
  I do have a. Job.
• 58:05
  Here on. OK, Miss Owens, the the sheet
• 58:09
  from the first appearance pretrial release sheet.
• 58:11
  The reason I didn't offer suggest probation to begin with
• 58:14
  is it says self-employed and sometimes self-employed means
• 58:17
  you have a job. A lot of times it means you
• 58:19
  really don't have a job. So tell me about your employment
• 58:21
  please. Sir, I work for Hustling rubber.
• 58:24
  It's for my fiance underneath my fiance's.
• 58:26
  I get AI get a paycheck. It's in Alabama, but I still get
• 58:30
  a paycheck. I mean, I get paid every week
• 58:33
  it's called. How many hours A.
• 58:34
  Week do you work? It just really just depends.
• 58:38
  Usually over probably at least 60 hours a week.
• 58:42
  OK, so how long have you had that job?
• 58:46
  For last year now I know. At least last year, yeah.
• 58:50
  OK. So have you got your, you got
• 58:51
  your, your, your tax return forms yet for 2025?
• 58:56
  Not yet, Sir, but I'm I'm just waiting on them in the mailing
• 58:58
  day now. OK.
• 59:00
  So it's it's at least 30 hours a week, every week, right?
• 59:04
  Yes, Sir. And I believe on my driving
• 59:07
  record, I saw a prior because I talked about talked to you with
• 59:09
  it talked to you about this weekend prior driving license
• 59:12
  suspended. Is that not correct, Mr.
• 59:13
  McDaniel? I know normally she has two of
• 59:17
  them just, you know, and they're both unknowingly and they're
• 59:19
  both sitting there. That's the reason I was trying
• 59:21
  to do a no valid driver's license because this now this is
• 59:25
  an old one. This one's let me look, let me
• 59:30
  look her driving record up. I know there were two recent or
• 59:35
  more recent civil ones, but I think there's an older criminal
• 59:39
  one, but let's double check. So I have no problem with the
• 59:48
  probation based upon her employment.
• 59:50
  The question is how much probation would it be?
• 59:53
  Yes, Sir. This this was the one I also
• 59:56
  said asked you about amending from DWLSR to no valid DL.
• 1:00:02
  So that's why it would be 6 months probation at that point
• 1:00:05
  if we amended it to no valid DL if.
• 1:00:08
  She's had if she had a prior. I don't mind doing a.
• 1:00:10
  Year probation on a no valid driver's.
• 1:00:12
  License. I'm going to.
• 1:00:13
  Have an objection to it, but I I didn't you can only do that.
• 1:00:15
  You can only do that if she has a prior no valid though, if
• 1:00:18
  you're going to amend it. So let me go back and just
• 1:00:22
  because I'm she does have a prior criminal driving license
• 1:00:32
  suspended in Holmes County in 2015.
• 1:00:36
  There are no prior civil ones showing up at all.
• 1:00:40
  Don't even messed up mistake. What do you need something out
• 1:00:46
  of here? OK, hang on just a second.
• 1:00:50
  Let me. OK.
• 1:00:54
  So knowing that she has a prior, I don't think about the civil
• 1:00:57
  ones Mr. McDaniels talking about.
• 1:00:58
  They may be pending or something, but they're not
• 1:00:59
  showing up on the driving record.
• 1:01:02
  Do you still want to change it to no valid driver's license?
• 1:01:04
  Yeah, I have no objection to that.
• 1:01:05
  And if you change a no valid driver's license, does she have
• 1:01:07
  a prior no valid driver's license?
• 1:01:09
  From that I did not see in prior no valid DL cuz at least when I
• 1:01:15
  was looking through it. That wouldn't necessarily show
• 1:01:17
  up on the driving record. OK, So you need to understand
• 1:01:22
  Miss Owens, if I give you the six months on the no valid
• 1:01:25
  driver's license, I'm not going to let you terminate probation
• 1:01:27
  early because you have a prior just I.
• 1:01:30
  Understand Sir, I'm a license. Suspended vote.
• 1:01:31
  You will do the full six months knowing that.
• 1:01:34
  Do you want to enter this plea? Yes, Sir.
• 1:01:36
  All right. So I'm going to accept your plea
• 1:01:38
  of no contest to the charge of no valid driver's license, the
• 1:01:41
  amended charge, I'm going to withhold adjudication of guilt.
• 1:01:43
  I'm going to send you to six months probation.
• 1:01:46
  Now, Sir, would it? Will it help in any?
• 1:01:47
  Way, just a SEC, let me get through and then I'll answer
• 1:01:49
  your questions here because I've got I've got certain things I
• 1:01:51
  have to put on the record. Just a second six months
• 1:01:54
  probation, no early termination, $400.00 court costs and fines
• 1:01:57
  withhold adjudication. You'll be brought to the
• 1:01:59
  courthouse in just a little while ma'am.
• 1:02:01
  You'll get to use the phone before you leave the jail and in
• 1:02:04
  this case will be over other than you carrying out and
• 1:02:06
  completing the terms of your probation.
• 1:02:08
  Now, do you have questions ma'am?
• 1:02:09
  So. If I got when I get my.
• 1:02:13
  Driver's license fixed. It's not going to.
• 1:02:15
  Will it be helpful to that or? It will.
• 1:02:18
  It will and. Let me tell you how if you get a
• 1:02:20
  license within the 1st 60 days, instead of your finding 400,
• 1:02:23
  it'll be lowered to 300. OK.
• 1:02:25
  And that's. That's all I needed to know.
• 1:02:28
  Thank you so much. Thank you.
• 1:02:37
  Those are standard conditions I always put on there and I forgot
• 1:02:39
  to do them. This time it's your good sense
• 1:02:41
  reminded me. You do have a condition that you
• 1:02:43
  obtain a driver's license if one is reasonable available to you
• 1:02:46
  and that you not drive a motor vehicle unless you have a valid
• 1:02:49
  license. Knowing those additional
• 1:02:51
  conditions are there, do you still want to enter this plate?
• 1:02:54
  Yes, Sir. All right, ma'am, wish you the
• 1:02:55
  best. Thank you so much.
• 1:02:57
  Thank. You.
• 1:03:01
  Mr. McDaniel, that's everything I had on my list as far as I can
• 1:03:03
  tell. Anything else from the Public
• 1:03:05
  Center's office? Good morning once again,
• 1:03:08
  everybody. It's TCF live on a Tuesday.
• 1:03:10
  I hope you're all doing well and enjoying your day so far.
• 1:03:13
  Course, they're starting to come online right now, but to be
• 1:03:16
  honest with you, the 14th Circuit here in Florida is kind
• 1:03:20
  of where it's at. There's a few judges that are
• 1:03:22
  streaming at the moment. Let's go over to Brantley Clark.
• 1:03:32
  Yeah, this case is being transferred to county court from
• 1:03:35
  submitting APIA. Tim More.
• 1:03:43
  That's it, They'll give you some paperwork.
• 1:03:45
  That. Afternoon, Mr. Ross.
• 1:04:06
  Now this is Ronald Ross, case 253839.
• 1:04:09
  The information has been filed with knowledge receipt of it way
• 1:04:12
  before reading. Enter a plea of not guilty,
• 1:04:14
  subject to any pretrial motions. Need to do a little little
• 1:04:19
  discovery, a little plea negotiations.
• 1:04:22
  When you want to. Say if we could have the March
• 1:04:25
  pre trial, if I get something accomplished before then, I'll
• 1:04:29
  bring him back earlier. Is that is that March 9th?
• 1:04:31
  Think that's March March March 26th at 9:00.
• 1:04:38
  All right, be back out to see you and Miss Page.
• 1:05:00
  Now this is Heather. Page 253908 Mr. White says an
• 1:05:05
  information is being filed this morning, but are you following
• 1:05:14
  one right now? Mr. Yes, your Honor.
• 1:05:21
  It should be. It should be being.
• 1:05:23
  Processed. Maybe which one of this Mr.
• 1:05:34
  White told me it was a different charge.
• 1:05:35
  It's going to be felony battery. I just followed on the felony
• 1:05:39
  battery. If we if that's the case, the
• 1:05:46
  believe the aggravated assault had a $25,000 bond, I think that
• 1:05:50
  should be reduced to ROR. No objection.
• 1:05:55
  So you wait in or not guilty. Plea to the the.
• 1:05:58
  Information is in the process. Yeah, I trust Mr. White.
• 1:06:07
  I want to file it so. And I'll get the discovery as
• 1:06:10
  soon as, as soon as that's done what?
• 1:06:12
  I'm going to do is our ROR. Miss Page on the aggravated.
• 1:06:16
  Stock still has the five. $1000 bond and the battery with the
• 1:06:20
  same conditions of the bond wouldn't if we could have that
• 1:06:24
  same March return date. 6 at 9:00.
• 1:06:29
  Let Miss Page know that if she does bond out to keep my office
• 1:06:32
  in the clerk's office updated. Absolutely that if you bond out
• 1:06:36
  you need to contact. The Clerk's.
• 1:06:37
  Office and stay in contact with Mr. Meredith your because that
• 1:06:40
  court date may change because that's for people in jail.
• 1:06:43
  OK. OK.
• 1:06:43
  Thank you. Good morning, your honor.
• 1:06:51
  I have James Crowe. Senator, Mr. Crow's case is with
• 1:07:04
  Mr. Sullivan. His case number is 253990 and
• 1:07:08
  information has been filed whenever pleaded not guilty to
• 1:07:10
  man for discovery, trial by jury.
• 1:07:12
  He's set for a bond motion on January 23rd.
• 1:07:16
  I. Will leave that on the Friday
• 1:07:17
  and then we will set a hearing, another hearing date after that.
• 1:07:26
  Michael Leathers. Senator, Mr. Leathers is coming
• 1:07:40
  before you. His case number is 253830 and
• 1:07:43
  information has been filed by Mr. Sullivan in her plead not
• 1:07:46
  guilty to man of discovery, trial by jury.
• 1:07:48
  If we could pass them one rotation.
• 1:07:50
  Your Honor, I need to spend some time with him out of the jail.
• 1:07:56
  February, please. Come out and see. 319 OK.
• 1:08:02
  You're welcome. Thanks so much.
• 1:08:05
  Now I have John Kuzniar as a self Rep.
• 1:08:09
  Mr. Kuzniar in the box, no. Sorry Honor, I had them.
• 1:08:15
  I marked them incorrectly. I have Justin, man.
• 1:08:32
  This is with Mr. White. Mr. Mann has a new law in case
• 1:08:34
  253965. I don't see an information file
• 1:08:38
  and he has a VOP and 242010 will end our denial on that VOP case.
• 1:08:43
  Your Honor, this is a new law. There's a new law and a
• 1:08:46
  technical violation for the VOP. I'm filing a no information and
• 1:08:50
  the end on this case. It was a mutual combat situation
• 1:08:56
  where there was a companion misdemeanor that was also fought
• 1:08:59
  in a business for the same reason.
• 1:09:01
  And at this. Time with the only technical
• 1:09:03
  being a small arrearage on fees. The state wouldn't dismiss the
• 1:09:07
  violation, the demand you are released from custody on the
• 1:09:12
  state. 'S.
• 1:09:15
  Charging decision not going to charge you with the new battery
• 1:09:19
  based on that state is pursuing the affidavit of violation of.
• 1:09:23
  Probation. So you.
• 1:09:24
  Release back to probation. So you're releasing?
• 1:09:26
  Questions. I would step up and speak to
• 1:09:28
  probation. Officers.
• 1:09:29
  OK. Yes, no questions.
• 1:09:30
  Cases. When you're still on.
• 1:09:31
  Probation go this way and talk to OK.
• 1:09:34
  Eric Taunton. Eric Taunton, it's with you.
• 1:09:42
  Your Honor, this is Eric Taunton.
• 1:09:44
  His case number is 253700. There has been an information
• 1:09:48
  file when in a plea of not guilty to man for discovery
• 1:09:50
  trial by juries. He also has case 253970 that we
• 1:09:57
  were arraigned on. Oh, I guess we're here for
• 1:10:01
  Raymond on that one too, your Honor.
• 1:10:02
  And her plea not guilty in that one also ask for, I think
• 1:10:06
  February give you enough time. If we could come back in
• 1:10:11
  February. Your Honor.
• 1:10:12
  He's looking at the possibility of hiring a private attorney.
• 1:10:48
  Yes, Sir. Come on.
• 1:10:50
  It's Robinson. Let's switch it up a little bit.
• 1:10:53
  Let's rotate over to Texas. Judge Stevens is getting his day
• 1:10:57
  going now. OK, Sir.
• 1:11:06
  So you are Logan Bert's. What are we doing today, Mr.
• 1:11:17
  Walter? It's an announcement.
• 1:11:20
  We still on with this. Get together, I would say if the
• 1:11:26
  court needs to settle on the trial document, yeah, we need to
• 1:11:30
  do that. I guess it's two years, yeah.
• 1:11:33
  If we work out before then we. I think I've got an offer in
• 1:11:36
  mind, but I've got to talk to them about it and it's something
• 1:11:39
  we need to discuss. OK, so.
• 1:11:44
  Do we need a review? On this soon or just just put
• 1:11:48
  it? On the.
• 1:11:48
  Because there's no guarantee they're going to like what I I
• 1:11:51
  think that's going to be. I said there's no guarantee
• 1:11:54
  they'll like what ioffer them. But yeah, I.
• 1:11:55
  Think that'll be? All right.
• 1:11:57
  And then it's set for trial. Yes, Sir.
• 1:11:59
  Thank you. And I've got two others, right,
• 1:12:03
  One Figueroa and Gerardo Galvin. Gerardo, are you Gerardo Galvin
• 1:12:12
  Figueroa? Come on Adam, there are two
• 1:12:17
  cases. And freaking worldwide.
• 1:12:23
  And this is. And two court cases are called
• 1:12:46
  25 CR 730 and 731, both are similarly charged with charged
• 1:12:55
  with the crime of second degree felony assault on a peace
• 1:12:58
  officer. You were one.
• 1:13:00
  Jesus Figueroa. Is that right?
• 1:13:02
  That's right. Yes, Sir.
• 1:13:04
  Mr. Walker is here representing you.
• 1:13:07
  Each of these are second degree felonies which carry with it, if
• 1:13:11
  convicted, up to 20 years in prison in each case.
• 1:13:14
  Do you understand, Sir? OK.
• 1:13:18
  And the announcement today is just we I'm going to get one Mr.
• 1:13:23
  him. I have a feeling we'll be what
• 1:13:25
  are you what are you asking for? And what did we reset to?
• 1:13:29
  Is 4 weeks going to be enough? Yes, Sir.
• 1:13:32
  OK. All right, Four weeks get a
• 1:13:34
  resetting. Thank you.
• 1:13:36
  Thank you. Yes, Sir.
• 1:13:39
  Announcement. Yeah.
• 1:13:41
  And Gerardo Galvin is not here yet.
• 1:13:45
  No, Donald, he might. He let me out, but he won't make
• 1:13:47
  it. OK.
• 1:13:49
  Let me know if he's interested. Thank you, Sir.
• 1:13:58
  Langston, you've got a. A.
• 1:14:01
  Gaggle of K6 buddy. Yes Sir.
• 1:14:03
  I think that's what they call Morgan 1 criminal.
• 1:14:05
  That's a gaggle. A gag.
• 1:14:06
  A gag and everybody's here too. Just.
• 1:14:08
  Claiborne leaf livings. He is here, but that's all.
• 1:14:14
  He. Almost hesitated on after you
• 1:14:16
  said everybody's here he is, Mr. Livings.
• 1:14:22
  That's going to be a plea, but just I think he's.
• 1:14:25
  Today. Yes, please.
• 1:14:27
  I'll sign him up now. But look, I think if you see him
• 1:14:30
  like that, it's the 9th over. Yeah, we're jumping.
• 1:14:34
  We jumped to 9:30. I was looking at Judge Walker's
• 1:14:39
  matters. Let me get taken care of this
• 1:14:41
  stuff. Yeah.
• 1:14:42
  Let me get OK, All right. So he's a plea, I'm signing what
• 1:14:47
  not? OK, I've got Spencer Gyron.
• 1:14:52
  Yes, Sir. What answers?
• 1:15:01
  25 CR 733 failing to comply with sex offender regification
• 1:15:09
  duties. This is initial appearance.
• 1:15:12
  You're you are Spencer Byron. Am I pronouncing that right,
• 1:15:17
  Jeron? All right.
• 1:15:19
  This is a third degree felony if convicted, which it carries with
• 1:15:22
  it up to 10 years in prison series.
• 1:15:25
  And Mr. Adams is representing you.
• 1:15:28
  What do you want to do today? You know he's going to be in my
• 1:15:31
  office tomorrow. I just want to move it to an
• 1:15:32
  announcement. It is done.
• 1:15:34
  It will be set for announcement. Please get a resetting from that
• 1:15:37
  Lady. Thank you.
• 1:15:39
  Dejuan or Daquan P. He's here too, Mr. P. 25 CR
• 1:15:53
  1471. Daquan Pugh.
• 1:15:56
  I talked. No answer in the courtroom.
• 1:15:58
  I talked with him outside. I'm going to ask the babe to
• 1:16:01
  call outside. He might be a little shy today.
• 1:16:05
  I know he's you. I talked to you.
• 1:16:08
  Almost there. You go.
• 1:16:15
  He should. I'm hoping the outside looks
• 1:16:17
  good. See.
• 1:16:19
  Yeah, don't forget Come tomorrow, 4:00.
• 1:16:21
  Question this, this He'll be walking.
• 1:16:27
  On himself, I know he was here, positive.
• 1:16:32
  What'd you say to us? I didn't think he was.
• 1:16:37
  There, he's gone. He took off well, if he saunters
• 1:16:43
  in, let me know. But there is no answer for the
• 1:16:46
  name call here in the courtroom for the Quan Pugh who has to be
• 1:16:52
  here at 9:00 on this initial docket.
• 1:16:56
  There is no answer to the name Dequan Pugh being called into
• 1:16:59
  the hall. Defendant has failed to appear.
• 1:17:01
  A warrant shall be for issued for his arrest for failure to
• 1:17:06
  appear as required. His bond is.
• 1:17:09
  It's $100,000. My goodness.
• 1:17:13
  Judge. If if he does come in.
• 1:17:15
  We do have enough he. Needs to redo the image of
• 1:17:17
  paperwork. No problem.
• 1:17:20
  The defendant has to do that. OK, the bond is revoked.
• 1:17:26
  It is doubled to $200,000 plus. He must have AGPS device and
• 1:17:32
  home confinement due to his failure to appeal by those are
• 1:17:40
  the findings and rulings. Hakeem Richard, he's here.
• 1:17:45
  You said that fast. I hope you didn't.
• 1:17:49
  Leave. Were they driving together?
• 1:17:53
  They and Les. How do you feel?
• 1:17:55
  And Dequan Hakeem. Hakeem.
• 1:17:59
  He might be outside. Richard.
• 1:18:01
  No answer in the courtroom. I asked the bailiff to call into
• 1:18:04
  the hall. So, Hakeem Richard, you know
• 1:18:09
  they do have no, no. VC because he Richard.
• 1:18:17
  Richard. I had talked to him when I was
• 1:18:21
  talking to Mr. Pool off. Is that there's two priors Those
• 1:18:24
  are that bumps it up just to a third degree, is that right?
• 1:18:27
  All right, there's no answer. The name called here in the
• 1:18:35
  court. Will I talked to Mr. Yeah,
• 1:18:39
  that's, that's pool art right there.
• 1:18:41
  I talked to Mr. Jeffrey. He he was outside.
• 1:18:44
  He's not there now. I don't.
• 1:18:46
  Know I have no idea is. This a Twilight Zone episode.
• 1:18:50
  We're we're saying they're evaporating.
• 1:18:54
  Hey, I don't say come back, I'll hold.
• 1:19:00
  All right, well, there's no answer to the name called here
• 1:19:02
  in the courtroom and no answer to the name called in the
• 1:19:09
  hallway. Defendant has failed to appear.
• 1:19:11
  Warrant shall be issued for his arrest and his bond was 6000.
• 1:19:16
  500. And it is doubled to $13,000.
• 1:19:21
  Plus he must have AGPS device as a condition of his bond.
• 1:19:27
  I'll let you know if you come back.
• 1:19:28
  Just let me sign up, Mr. Livings.
• 1:19:30
  Now I can, because that's the 9:30 document.
• 1:19:32
  I can tell. Anybody else who didn't hear
• 1:19:34
  that you're representing? Well, I had one out of three.
• 1:19:37
  So yes, well, it's a 333 batting average.
• 1:19:44
  That's pretty good for the majors.
• 1:19:45
  That's pretty. Good for the majors.
• 1:19:47
  Let me get with Mr. Livings. Braden North.
• 1:19:57
  Braden North and cause #25 CR 1189 is called and there's no
• 1:20:05
  answer to that name. Faust.
• 1:20:09
  Yes. Everybody's riding together in
• 1:20:11
  the same slow car and I asked the bailiff to call into the
• 1:20:16
  hall for Braden North. He's coming a long way.
• 1:20:24
  From Hallisville. That's a good one.
• 1:20:27
  Baby. Famous movie was filmed in
• 1:20:33
  Palisade. What would be the Alamo?
• 1:20:39
  There's no answer to that name being called into the hallway.
• 1:20:44
  No answer. The name called here in the
• 1:20:46
  courtroom raiding Terrell North has failed to appear.
• 1:20:49
  Warrants shall be issued for his arrest.
• 1:20:51
  His bond is revoked $5000. It's $5000 monitor vote.
• 1:20:55
  It is but tumbled to $10,000. Plus he must have AGPS device as
• 1:21:00
  a condition of his since we're having a hard time finding
• 1:21:09
  anybody ready to go forward on 930 early defense any defense
• 1:21:17
  attorneys want try their left I'm.
• 1:21:20
  Ready. But actually I'm not.
• 1:21:21
  Ready. I need to lift your hand.
• 1:21:23
  But at least you're here. That's important.
• 1:21:25
  Yes. You've broken long streak we had
• 1:21:28
  there for a while. All right, short recess, Short
• 1:21:33
  recess within a minute. All right, well, they wait for
• 1:21:36
  contestants that actually show up.
• 1:21:38
  Let's rotate back to Michigan and the pole barn Justice with
• 1:21:42
  Judge Mertz. Please to my right all.
• 1:21:45
  Right. We have this set for entry of a
• 1:21:48
  plea here today. Miss Madison.
• 1:21:50
  Madison, is your client ready to proceed with that?
• 1:21:54
  He is. Wrong.
• 1:21:56
  What are the terms of the plea agreement in this case?
• 1:21:59
  Judge. Under this plea agreement, Mr.
• 1:22:01
  Dion will. Pay Excuse me?
• 1:22:03
  Well plead guilty to three counts of failure to pay child
• 1:22:07
  support, with a eventual second, and the state is offering a
• 1:22:12
  sentence agreement for a delay of 11.
• 1:22:15
  Months. During that time, he must pay as
• 1:22:18
  ordered every month. If he's able to reduce his
• 1:22:22
  arrearages to $18,000, then he can be sentenced on one count of
• 1:22:28
  attempt failure to pay child support.
• 1:22:31
  If he's able to reduce his arrearages to $0.00, then he can
• 1:22:34
  plead. Guilty.
• 1:22:35
  To 1 count of. Disorderly person and the
• 1:22:38
  prosecutor agrees to dismiss the account for.
• 1:22:42
  All right, Mr. Burke, is that a correct statement of the offer
• 1:22:44
  by the people? That is correct, Your Honor.
• 1:22:48
  Yes, thank you. OK.
• 1:22:50
  Mr. Dean, have you had an adequate opportunity to speak
• 1:22:53
  with your attorney about this agreement?
• 1:22:57
  That's sure, I guess. I don't want you to guess if you
• 1:23:01
  need more time to talk to her this morning, I'll give you an
• 1:23:03
  opportunity to do that, but I don't think so.
• 1:23:06
  I think this is the the deal that they've come up with so we
• 1:23:10
  can continue. OK.
• 1:23:12
  Can you raise your hand, please? You solemnly swear or affirm The
• 1:23:15
  testimony you're about to give will be the truth, the whole
• 1:23:17
  truth, and nothing but the truth to help you God.
• 1:23:21
  Mr. Deon, are you currently on any kind of probation or parole?
• 1:23:26
  Right. And you understand that the
• 1:23:29
  maximum possible penalty for each of these three counts as a
• 1:23:35
  second habitual offender would be up to six years.
• 1:23:39
  Do you understand that? With that in mind, what is your
• 1:23:43
  plea to each of those counts here today, right now?
• 1:23:47
  You have the right to have a trial.
• 1:23:49
  You have the right to be tried by a jury.
• 1:23:51
  You have the right to be presumed innocent until proven
• 1:23:54
  guilty. You have the right to have the
• 1:23:56
  prosecutor prove beyond a reasonable doubt that you are
• 1:23:59
  guilty. You have the right to have any
• 1:24:01
  witnesses against you appear at trial and to question those
• 1:24:05
  witnesses. You have the right to have the
• 1:24:07
  court order any witnesses on your behalf appear at trial.
• 1:24:12
  You have the right to remain silent during the trial and to
• 1:24:14
  not have that silence used against you, and the right to
• 1:24:17
  testify to trial yourself if you want it.
• 1:24:20
  You understand all those rights and you understand that you're
• 1:24:24
  going to be giving up and waving all of those rights by pleading
• 1:24:27
  guilty. Also, you don't have an
• 1:24:32
  automatic right to appeal the clue that you're making here
• 1:24:35
  today. You can only do that by leave.
• 1:24:38
  That means that you would have to ask for the Court of Appeals
• 1:24:40
  to hear your case. They could say no, and then you
• 1:24:43
  wouldn't be able to go any further with that appeal.
• 1:24:45
  You understand that? Has anyone threatened you with
• 1:24:49
  anything to get you to plead guilty?
• 1:24:52
  Has anyone promised you anything other than what we said here in
• 1:24:55
  court today? Is it your own free choice to
• 1:24:58
  enter this plea? Are you pleading guilty to these
• 1:25:02
  charges because you are actually guilty.
• 1:25:07
  OK. And there are three, Miss
• 1:25:15
  Madison is is the plea going to be to counts one through 3?
• 1:25:18
  That's correct. So, Mr. Dion, between July of
• 1:25:27
  2019 and February of 2020, were you subject to an order here in
• 1:25:33
  Atsigo County that required you to make child support payments?
• 1:25:40
  Yes, Sir. And were you aware that you were
• 1:25:43
  subject to that order? Yes, Sir.
• 1:25:46
  Did you fail to make payments in the amounts or at the times
• 1:25:50
  required under that? And did that also occur during a
• 1:25:57
  period between October of 2020 and January of 2021?
• 1:26:04
  And then did that also occur between March of 2021 and
• 1:26:09
  January of 2023? OK.
• 1:26:15
  Had you previously been convicted of the felony of
• 1:26:19
  interfering with electronic communications here in the 46th
• 1:26:22
  Circuit back in 2016? That should have come off my
• 1:26:27
  record because I completed the drug court program 7411, I think
• 1:26:33
  they called it or something. And upon completion of the truck
• 1:26:38
  court program with Mr. Heath Cruz, that was, it was supposed
• 1:26:42
  to be a High Court misdemeanor to my understanding.
• 1:26:45
  All right, Miss Madison. Thank you, your honor.
• 1:26:49
  I was. Not aware of this until this
• 1:26:51
  particular moment. I don't know if the state is
• 1:26:53
  willing to amend the plea at this point.
• 1:26:58
  So there's not. The habitual second.
• 1:27:02
  In court last time I said that there's no reason I should have
• 1:27:05
  an habitual felony because I've mentioned me completing the drug
• 1:27:09
  court program. Did that actually result in
• 1:27:12
  entry of a conviction to a lesser crime?
• 1:27:15
  When I got. Sentenced.
• 1:27:17
  Yes, that's what I signed. The paper was was for a lesser
• 1:27:20
  crime, Mr. Burke. My, my, my thought would be
• 1:27:26
  based on what the defendant's saying, it sounds like he maybe
• 1:27:29
  had some kind maybe had a couple different, couple different
• 1:27:32
  charges. 7411 is for drug charges.
• 1:27:35
  This is this is it looks like the conviction is not even
• 1:27:37
  nothing has has nothing to do with a drug conviction or drug
• 1:27:40
  issues. So I mean, we could certainly
• 1:27:43
  look into it if the court, if the courts going to schedule
• 1:27:45
  what I refer to as a delayed sentence hearing, which is a
• 1:27:48
  hearing about 30 days out that will result in the court placing
• 1:27:52
  the defendant delayed sentence per the plea agreement, then we
• 1:27:55
  could certainly look into that. And then if there truly is a
• 1:27:59
  felony conviction for 2016, then the court can certainly take the
• 1:28:04
  the factual basis for that at that time.
• 1:28:07
  If there's not, then the people would certainly move to dismiss
• 1:28:10
  that have second, I'm just not sure if the court was is, is
• 1:28:13
  going to schedule a delayed sentence hearing.
• 1:28:14
  Some courts will place the defendant on delayed sentence
• 1:28:17
  right away after the plea. Some courts schedule those
• 1:28:20
  matters out 30 days because they the court wants to see APSI
• 1:28:23
  first. So I'm not quite sure how this
• 1:28:25
  court does it, Your Honor, but if there's a possibility of
• 1:28:28
  maybe scheduling a delayed sentence hearing and about 30
• 1:28:31
  days out, we could certainly look into that at that time.
• 1:28:34
  OK. So I think that's a good
• 1:28:37
  suggestion. Do you have any objections to
• 1:28:38
  that? So the way we're going to handle
• 1:28:41
  this, because Mr. Mr. Deon, I mean, there's a very detailed
• 1:28:48
  legal framework for when past convictions can be used for
• 1:28:52
  purposes of habitual offender enhancements.
• 1:28:55
  In your case is either going to fit within those or it's not.
• 1:28:58
  It should be a fairly simple issue.
• 1:28:59
  So Miss Madison, I guess your, your client's the one saying it
• 1:29:04
  shouldn't count. So I'm going to put the burden
• 1:29:05
  on you to look into that. If there's a statutory basis for
• 1:29:14
  to to eliminate that habitual enhancement, then I don't think,
• 1:29:17
  you know, I think the prosecutor would have to take it off.
• 1:29:20
  So I'm going to place. It and we certainly win, your
• 1:29:23
  honor, of course. So, yeah, right.
• 1:29:25
  So we'll go ahead and schedule this.
• 1:29:28
  And Mr. Burke, I do generally set him for a delay sentence
• 1:29:32
  hearing later after APS and I have APSI prepared and
• 1:29:35
  everything. So we would have been doing that
• 1:29:37
  anyway. So it's not going to result in
• 1:29:39
  any kind of delay to the case. And then we'll address that
• 1:29:43
  issue. Mr. Dion, your, your attorney's
• 1:29:45
  going to look into that for you. And again, if, if it doesn't
• 1:29:50
  apply, then we'll take it off of there.
• 1:29:52
  But, but it may, because there are circumstances where you can
• 1:29:56
  have, you know, a conviction not be considered for the public
• 1:30:01
  record, but it still can be used as a, as an enhancement.
• 1:30:05
  And that may be in this case. But again, your attorney will
• 1:30:07
  look into that for you. So we'll set this for a delay of
• 1:30:12
  sentence hearing. You're going to check in Mr.
• 1:30:15
  Dion with Mr. Dileo here for probation before you leave today
• 1:30:18
  to set up a time for a pre sentence interview.
• 1:30:21
  And then just make sure that you stay in touch with your
• 1:30:23
  attorney. OK.
• 1:30:25
  Mr. Burke, Anything. Yeah, I was.
• 1:30:27
  Gonna say just just for the record, I just want to make sure
• 1:30:29
  that the court is aware that people are satisfied with the
• 1:30:31
  plea as well as the factual basis the people are satisfied
• 1:30:34
  with. The court has comply with the
• 1:30:35
  the court rules for taking the plea.
• 1:30:39
  So I just want to make sure the record is reflective of that.
• 1:30:42
  Yeah, thank you. I got sidetracked there from my
• 1:30:44
  usual colloquy, so I appreciate that.
• 1:30:47
  Miss Madison, are you satisfied with those matters as well?
• 1:30:51
  All right. So then before the record, the
• 1:30:52
  court finds the plea is knowing, voluntary and accurate before
• 1:30:56
  dissatisfied. There is a factual basis to
• 1:30:58
  support a finding that Mister Dion is guilty of each of these
• 1:31:01
  charges. The court will accept the guilty
• 1:31:03
  plea as to all three. And again, Mr. Deon, just make
• 1:31:07
  sure you stay in touch with your counsel, OK?
• 1:31:09
  OK. Thank you your.
• 1:31:10
  Honor. And your honor is one last
• 1:31:12
  thing. I apologize.
• 1:31:13
  Do we have a date? And time for the delayed sent
• 1:31:15
  hearing? Or is the courts going to
• 1:31:16
  schedule it and notice it out? Yeah, we'll notice that out.
• 1:31:19
  It should be in about 30 days. And if you want to appear
• 1:31:23
  remotely for that, I don't have an objection to that.
• 1:31:27
  That sounds great. I think I'll let the Lansing
• 1:31:29
  office know. Thank you very much, Ron.
• 1:31:30
  Appreciate that. All right.
• 1:31:32
  Thank you. That's all.
• 1:31:34
  All right, let's head down to Texas.
• 1:31:36
  Judge W is getting her day started.
• 1:31:38
  Let's see what's going on. Joseph Jones And in clause #25
• 1:31:42
  DCCR 0963, you're charged with aggravated assault, discharging
• 1:31:52
  A discharging A firearm recklessly.
• 1:31:55
  That's from June 12th of 2025. And that's a first degree felony
• 1:31:58
  offense, which means if you go to trial and you're found
• 1:32:02
  guilty, the range of punishment would be a minimum five years up
• 1:32:05
  to 99 years or life in prison. Do you understand?
• 1:32:09
  And I have here on the tablet a plea bargaining rejection that
• 1:32:12
  has your signature on it with Mr. Burbank's.
• 1:32:14
  That shows that the district attorney's office has made an
• 1:32:16
  offer. If you wanted to enter a plea of
• 1:32:18
  guilty for 25 years in the institutional division of the
• 1:32:21
  Texas Department of Corrections. You have every right to reject
• 1:32:25
  that and have your case set for trial.
• 1:32:27
  I just want to make sure you understand what the possible
• 1:32:29
  consequences are if you go to trial and what your options are
• 1:32:32
  if you wanted to enter a plea of guilty.
• 1:32:34
  And do you understand all of that?
• 1:32:35
  And do you want to reject this offer and have your case set for
• 1:32:38
  trial? All right, I'll get that done.
• 1:32:41
  As far as you know, all the discovery, you have everything.
• 1:32:45
  OK. And is there any reason to
• 1:32:48
  believe that this offer would change, Mr. Coleman?
• 1:32:52
  I want to make sure you understand, Mr. Jones, that
• 1:32:54
  after today this offer will be off the table.
• 1:32:57
  If you change your mind later and want to enter a plea of
• 1:33:00
  guilty, you could do that open to the court or to some other
• 1:33:02
  plea agreement. But after today, this one's off
• 1:33:04
  the table, you understand? OK.
• 1:33:07
  We'll get it set for trial. Mr. Burbank, We'll begin
• 1:33:09
  preparation. Thanks.
• 1:33:12
  And then you have Kevin Ross. OK, I'll take care of it in just
• 1:33:19
  a second. Mr. Let's get Calvin Randall.
• 1:33:21
  I can take care of Calvin Randall for Mr. Eckhart 2.
• 1:33:33
  We're just going on 2. Yes.
• 1:33:42
  Ma'am, thank you. I'll need Can you do one for
• 1:33:44
  each? It's easier for them.
• 1:33:46
  I'm going to mark out the second number, if you'll do 1530 on the
• 1:33:49
  second one, please, Mr. Steve. You marked out 15030.
• 1:34:06
  I need to write 1/5. 3 Correct. Yeah, 1530 is what that one
• 1:34:09
  needs to be. And we're going on multiple
• 1:34:27
  counts. All right, so you're Calvin
• 1:34:47
  Randall and Mr. Eckhart Will your client with the formal
• 1:34:50
  reading of the indictment in each case?
• 1:34:51
  We do. Judge.
• 1:34:52
  Mr. Randall in clause #24 DCCR 1529, you're charged with a
• 1:34:58
  second degree felony offense of unlawfully carrying a weapon on
• 1:35:02
  alcohol premises. And I don't know what all those
• 1:35:07
  other letters stand for. IATWFZ that's.
• 1:35:12
  The statutory name which I think it's.
• 1:35:17
  Just I'm looking at the indictment, it says unlawful
• 1:35:19
  carrying weapon alcohol premises IATWFZ.
• 1:35:28
  Thank you. In a weapons free zone.
• 1:35:30
  All right. And that is from May 17th of
• 1:35:32
  2024. And how do you plead to that
• 1:35:34
  charge? Are you pleading guilty freely
• 1:35:37
  and voluntarily? And are you pleading guilty
• 1:35:40
  because you did what they charged you with?
• 1:35:43
  And then and cause #24 DCCR 1530,
• 1:36:01
  you're charged with a third degree felony offense of evading
• 1:36:04
  arrest or detention with the use of a vehicle from May 17th of
• 1:36:07
  2024. And how do you pleaded that
• 1:36:09
  charge again? Are you pleading guilty freely
• 1:36:12
  and voluntarily? And because you did what they
• 1:36:14
  charged you with, I have here on the tablet in each of those
• 1:36:17
  cases some documents that have your signature on them that the
• 1:36:20
  States marks as exhibit #1 before you sign these, did you
• 1:36:24
  go over them with Mr. Eckhart? Do you fully understand them?
• 1:36:28
  And do you understand if I follow the agreements that
• 1:36:31
  you've made with the District Attorney that you will be
• 1:36:33
  waiving or giving up any right to appeal state tenders #1 In
• 1:36:39
  each case, it's admitted in each case.
• 1:36:42
  Is there any evidence that Mister Jones is not?
• 1:36:44
  I mean, Mr. Randall is not competent.
• 1:36:47
  All right, Mr. Randall, in each of your cases, I'm going to find
• 1:36:49
  that you entered your pleas of guilty freely and voluntarily.
• 1:36:53
  Find that you're mentally competent and you understand the
• 1:36:55
  nature and the consequences of your pleas.
• 1:36:58
  Find sufficient evidence to find you guilty and in cause #24 DCCR
• 1:37:04
  1529 find you guilty of evading arrest or good grief.
• 1:37:10
  That one is the unlawful carrying of a weapon on alcohol
• 1:37:14
  premises. Sentence you in accordance with
• 1:37:16
  your agreement to a term of 10 years in the Institutional
• 1:37:20
  Division of the Texas Department of Corrections.
• 1:37:23
  You will receive credit on that sentence for any time that
• 1:37:25
  you've been in custody that the law gives you the right to
• 1:37:27
  receive. And then in clause #24 DCCR
• 1:37:31
  1530, find sufficient evidence to find you guilty and at this
• 1:37:36
  time find you guilty of evading arrest or detention with the use
• 1:37:40
  of a vehicle sentence you in accordance with your agreement
• 1:37:43
  to a term of 10 years in the Institutional division of the
• 1:37:45
  Texas Department of Corrections. You'll also receive credit on
• 1:37:49
  that for any time that you've been in custody that the law
• 1:37:51
  gives you the right to receive. These two sentences will run
• 1:37:54
  concurrently, which means together.
• 1:37:56
  At the same time. I will sign as a part of this
• 1:37:59
  plea agreement the dismissal in clause #24 DCCR 1278.
• 1:38:07
  In each of these cases, I'm going to hand you the trial
• 1:38:09
  court certifications that shows these were agreements that I
• 1:38:12
  followed and so you've waived your right to appeal.
• 1:38:18
  Did I Do? I don't think 1529 came through,
• 1:38:22
  would you? They're going to own so also,
• 1:38:25
  I'm handing you a written admonishment regarding your
• 1:38:28
  ineligibility to possess a firearm or ammunition.
• 1:38:32
  Because of the judgment against you, you're ineligible under
• 1:38:35
  Texas law to possess a firearm or ammunition.
• 1:38:38
  Possession of a firearm or ammunition could lead to charges
• 1:38:40
  against you. Firearm is a legal term, and you
• 1:38:43
  should read the written admonishment I provided you to
• 1:38:45
  see what devices qualify as a firearm.
• 1:38:48
  If you have questions about the laws that make you ineligible to
• 1:38:51
  possess a firearm or ammunition, or about how long that lasts,
• 1:38:54
  you can talk with Mr. Eckhart. All right, good luck to you,
• 1:38:57
  Sir. And we're going to get that
• 1:38:57
  other one printed out in just a second.
• 1:39:02
  All right, Thank you, Sir. You can go back with the
• 1:39:03
  bailiff. We'll get it to you.
• 1:39:08
  Thank you, Sir. And do you have Kevin Ross's
• 1:39:18
  stuff? Say, Mr. Rojas, you have Jaquan
• 1:39:35
  Fontenot. Good morning.
• 1:39:47
  We'll be going accounts. 1. Two and three-year old.
• 1:39:49
  Thank you. Good morning, Sir.
• 1:40:18
  Are you Jake, Juan Fontenot and Mr. Rojas, will your client
• 1:40:22
  waive the formal reading of the motion?
• 1:40:24
  Hey, William. And you guys have agreed to go
• 1:40:28
  on. 123 just. Mr. Fontenot and cause
• 1:40:33
  #22-39248I have a first amended motion to revoke your
• 1:40:39
  unadjudicated probation. And will he waive the formal
• 1:40:41
  reading of that? Hey William, It shows that you
• 1:40:43
  were placed on probation December 14th of 2022 for the
• 1:40:47
  offensive theft of a firearm, a state jail felony, and that was
• 1:40:51
  a three-year deferred probation. Is that correct?
• 1:40:54
  The motion alleges that you violated your probation.
• 1:40:57
  Count 1 alleges that you failed to report as directed to the
• 1:41:01
  Probation Department, July 17th, July 23rd and August 20th and
• 1:41:07
  September 23rd of 2025. And is that true or not true?
• 1:41:11
  True, Count 2 alleges that you failed to pay your court
• 1:41:14
  assessed fees as directed and that as of September 23rd, 2025
• 1:41:20
  you were 3505 dollars behind. Is that true or not true?
• 1:41:25
  And then Count 3 alleges that you committed the offenses of
• 1:41:31
  possession of marijuana, resisting an officer, and no
• 1:41:35
  insurance on September 9th of 2023 in Calcasieu Parish,
• 1:41:40
  Louisiana. And is that true or not true?
• 1:41:44
  And the state's going to abandon the rest?
• 1:41:46
  Did you enter your please of true to Counts 1-2 and three
• 1:41:49
  freely and voluntarily and because those counts are
• 1:41:52
  actually true? I have here on the tablet some
• 1:42:06
  documents that have your signature on them that the
• 1:42:08
  states marked as exhibit #1 Before you sign these, did you
• 1:42:12
  go over them with Mr. Rojas? Yes, ma'am.
• 1:42:15
  Do you fully understand them? And do you understand if I
• 1:42:18
  follow the agreement that you've made with the District Attorney
• 1:42:21
  that you'll be waiving or giving up any right to appeal state
• 1:42:25
  tenders #1? No objection.
• 1:42:26
  It's admitted any evidence that Mister Fontenot's not competent.
• 1:42:30
  All right, Sir, I'm going to find that you entered your
• 1:42:31
  police of truth accounts 1-2 and three freely and voluntarily
• 1:42:36
  find those counts true. Find sufficient evidence to find
• 1:42:39
  you guilty and at this time find you guilty of the state jail
• 1:42:41
  felony offensive theft of a firearm sentence.
• 1:42:44
  You, in accordance with your agreement to a term of nine
• 1:42:47
  months in the state jail, prison, you will receive credit
• 1:42:50
  on that sentence for any time that you've been in custody that
• 1:42:52
  the law gives you the right to receive.
• 1:42:55
  I'm handing you the trial court certification that shows this
• 1:42:57
  was an agreement that I followed.
• 1:42:59
  So you have waived your right to appeal.
• 1:43:01
  I also handed you a written admonishment regarding your
• 1:43:04
  ineligibility to possess a firearm or ammunition.
• 1:43:08
  Because of the judgment entered against you, you're ineligible
• 1:43:11
  under Texas law to possess a firearm or ammunition.
• 1:43:14
  Possession of a firearm or ammunition could lead to charges
• 1:43:17
  against you. Firearm is a legal term, and you
• 1:43:19
  should read the written admonishment I provide you to
• 1:43:21
  see what devices qualify as a firearm.
• 1:43:24
  If you have questions about the laws that make you ineligible to
• 1:43:27
  possess a firearm or ammunition, or about how long that lasts,
• 1:43:30
  you can talk with Mr. Robots. All right, good luck to you,
• 1:43:32
  Sir. You can go back with the Baylor.
• 1:43:38
  Let's see relation move time. OK.
• 1:44:21
  Good morning. Are you Relatia Mouton?
• 1:44:24
  Good morning. And Miss Mouton.
• 1:44:26
  I'm going to take judicial notice of the Court's files in
• 1:44:29
  this Mouton's cases. We've got clause numbers 25 DCCR
• 1:44:33
  090714461467 and 1468. Miss Mouton was examined for
• 1:44:44
  competency to see in trial by Doctor Papon.
• 1:44:47
  I have received that report dated September 29th of 2025,
• 1:44:55
  and the finding in that report is that Miss Mouton is currently
• 1:45:01
  competent to see in trial. Is there any other evidence with
• 1:45:04
  regard to competency? Mr. Rojas.
• 1:45:07
  Mr. Smith, then, at this time, based on that report, I am going
• 1:45:11
  to find Miss Mouton confident to stand trial.
• 1:45:14
  And Mr. Rojas, what is the announcement then?
• 1:45:16
  Can I get one more announcement? I'm going to need some time to
• 1:45:18
  go over the rest of the discovery miss.
• 1:45:20
  Mouton Sure. We'll just do a normal reset.
• 1:45:22
  Miss Mouton. Mr. Rojas will be out there to
• 1:45:24
  go over everything that he has received, and then you guys can
• 1:45:27
  make a decision on what you want to do with your cases.
• 1:45:29
  OK. You can go back with the
• 1:45:31
  bailiff. Yes, Sir.
• 1:45:33
  Thank you. Barbara, thank you for the $5
• 1:45:36
  for Ellie for catnip. Ellie loves catnip.
• 1:45:40
  I own not so much she could care less, but Ellie, Ellie loves a
• 1:45:44
  good catnip. Hi, we did a little research on
• 1:45:46
  it. That's actually about 30% of
• 1:45:49
  cats actually have no no reaction to it.
• 1:45:53
  It's how it binds with certain receptors in your brain.
• 1:45:56
  But Ellie all about it. I own out so much.
• 1:46:00
  But thank you very much. Appreciate it.
• 1:46:14
  Good morning. Are you Kevin Damon Ross, and
• 1:46:18
  will your client waive the formal reading of the indictment
• 1:46:20
  in each case? Yes, you're on this too, I
• 1:46:23
  believe. 2 MTR. PS.
• 1:46:25
  And one new case. OK.
• 1:46:27
  So he'll waive the reading of the motion as well.
• 1:46:29
  We're going to. Have to close the true count one
• 1:46:33
  of the new case allegation and then.
• 1:46:37
  There's an agreement. All three.
• 1:46:39
  All right, let me get let's go forward with the new case first.
• 1:46:43
  We're asking for an update. Thank you please.
• 1:46:50
  Excuse me, more than that, they all all the other counts stem
• 1:46:53
  from the sole incident. I think the court has reviewed
• 1:46:57
  the video previously with the abating.
• 1:46:58
  You'll recall we had an agreement at 5A while back.
• 1:47:03
  The court rejected that, understandably.
• 1:47:06
  Just because we're doing an update.
• 1:47:09
  If you need more I. Don't remember the video you
• 1:47:12
  have to tell me more but. It was a it was a very high
• 1:47:16
  speed a day through multiple areas of the county with the
• 1:47:21
  DPS. OK, while on probation for a
• 1:47:24
  baby. Yeah, I remember.
• 1:47:26
  Yeah. And what was the agreement that
• 1:47:40
  I had rejected before? OK, All right.
• 1:47:43
  Sir, in cause #25 DCCR 1310, you're charged with a third
• 1:47:49
  degree felony offense of evading arrest or detention with the use
• 1:47:52
  of a vehicle from June 13th of 2025.
• 1:47:56
  And how do you plead to that charge?
• 1:47:59
  Are you pleading guilty freely and voluntarily?
• 1:48:02
  And are you pleading guilty because you actually did what
• 1:48:04
  they charged you with? I have here in that case some
• 1:48:08
  documents on the tablet that have your signature on them.
• 1:48:12
  Before you sign these, did you go over them with Mr. Burbank?
• 1:48:16
  Do you fully understand them? And do you understand if I
• 1:48:19
  follow the agreement that you've made with the District Attorney
• 1:48:22
  that you'll be waiving or giving up any right to appeal?
• 1:48:26
  And it looks like the agreement that you've reached is for a cap
• 1:48:29
  of eight years in prison, which means you're leaving your
• 1:48:31
  punishment up to me. And if I follow this agreement,
• 1:48:34
  I cannot give you more than eight years, give you 8 years, I
• 1:48:37
  can give you less. It'll all depend on the
• 1:48:39
  information that's presented to me when we come back for
• 1:48:41
  sentencing. You have an absolute right to
• 1:48:44
  have a jury come in and do two things.
• 1:48:47
  The first is to determine if you're guilty or not, and then
• 1:48:50
  you could leave your punishment up to that jury if they found
• 1:48:53
  you guilty. If we go forward this way,
• 1:48:55
  you're waiving that right? And is that what you want to do?
• 1:48:59
  OK. Do you also understand if you're
• 1:49:01
  not AUS citizen, that a plea of guilty or no contest may result
• 1:49:05
  in your deportation, exclusion from admission to the country,
• 1:49:08
  or denial of naturalization under federal law?
• 1:49:12
  State tenders #1 it's admitted. Is there any evidence that
• 1:49:16
  Mister Ross is not competent? Right, Sir.
• 1:49:19
  In that case, I'm going to find that you entered your plea of
• 1:49:21
  guilty freely and voluntarily. Find that you're mentally
• 1:49:25
  competent and understand the nature and the consequences of
• 1:49:28
  that plea. Find sufficient evidence to find
• 1:49:30
  you guilty. However, I'm going to reset your
• 1:49:33
  case for sentencing so that the probation department can do a
• 1:49:36
  pre sentence report that'll give me more information about you
• 1:49:39
  and your case and we'll come back later for sentencing.
• 1:49:42
  Obviously, anything that you think is important for me to
• 1:49:44
  know, you'll get that information to Mr. Burbank and
• 1:49:46
  he'll present it to me on that day as well.
• 1:49:49
  So then we have cause numbers 24 DCCR 1198 and 24 DCCR 1199.
• 1:49:56
  Each of these cases I have motion to revoke unadjudicated
• 1:49:59
  probations. It looks like in 1198 you were
• 1:50:03
  placed on probation December 18th of 2024 for the offense of
• 1:50:08
  deadly weapon in a penal institution, a third degree
• 1:50:11
  felony and that was a four year deferred probation, is that
• 1:50:14
  correct? And then in cause #24 DCCR 1199,
• 1:50:20
  I also have that motion to revoke your unadjudicated
• 1:50:22
  probation shows you were placed on probation that same day in
• 1:50:25
  December of 2024 for the third degree felony offense of evading
• 1:50:29
  arrest or detention with the use of a motor vehicle.
• 1:50:32
  Is that also correct? So if it's unagreed, I mean
• 1:50:39
  somewhat unagreed, I want to go ahead and go through the rest of
• 1:50:44
  those allegations. I think I need to know if the
• 1:50:46
  punishment's up to me, what the police are, what all's been
• 1:50:50
  going on, not just the one new case.
• 1:50:52
  I'm going to go through them all.
• 1:50:53
  If you need a minute to go over that with him, otherwise I'll
• 1:50:55
  just go through. So Mr. Ross, both of these
• 1:50:58
  motions allege and count one, that you were arrested for the
• 1:51:02
  offense of evading arrest or detention with the use of a
• 1:51:05
  vehicle on June 13th of 2025. That's the case you just plead
• 1:51:10
  guilty to. And is that true or not true?
• 1:51:15
  And that's one of those Miss Mofino, that probably needs to
• 1:51:19
  be looked at being arrested for it isn't really the.
• 1:51:23
  I mean, it's true, it's fine, but he that language don't need
• 1:51:27
  to get them to change that language.
• 1:51:29
  You know what I mean? Count 2 alleges that you were
• 1:51:33
  arrested for evading arrest or detention.
• 1:51:36
  That was that same day. Is that true or not true?
• 1:51:39
  So that's not in the vehicle. That means that you got out of
• 1:51:42
  the vehicle and then ran. Is that true or not true?
• 1:51:47
  Count 3 in each case alleges that you were arrested for
• 1:51:50
  possession of marijuana June 13th of 2025.
• 1:51:53
  That same day. Is that true or not true?
• 1:51:55
  OK Count 4 in each case alleges that you possessed marijuana in
• 1:52:01
  violation of your probation order on that same day.
• 1:52:04
  Is that true or not true? Count 5 alleges that your drug
• 1:52:13
  you tested positive for cocaine on a drug patch June 13th of
• 1:52:18
  2025 and is that true or not true?
• 1:52:26
  Count 6 alleges that you were at a location other than your
• 1:52:29
  residence at approximately 1:39 AM on June 13th of 2025.
• 1:52:34
  That's true. And then Count 7 in each case
• 1:52:38
  alleges that you're a little behind in your court assessed
• 1:52:40
  fees in each case. Is that true or not true?
• 1:52:43
  Did you enter your pleas of true in each of your cases to Counts
• 1:52:46
  126 and 7 freely and voluntarily and because those counts are
• 1:52:52
  actually true? Alright, then I'm going to find
• 1:52:55
  in each of your cases that, well, in these cases also I have
• 1:53:00
  here on the tablet some documents that have your
• 1:53:02
  signature on them. Did you also go over these with
• 1:53:05
  Mr. Burbank and do you fully understand them?
• 1:53:08
  And again, you understand if I follow any agreement that you've
• 1:53:12
  made with the District Attorney that you'll be waiving or giving
• 1:53:15
  up any right to appeal? And are these just no agreements
• 1:53:20
  just to run concurrently? Yep.
• 1:53:25
  Y'all didn't write that on here. All right.
• 1:53:28
  It might not have come through. So there's so cap of eight in
• 1:53:30
  each. So the agreement is the same as
• 1:53:33
  the other case that I can send it to you up to 8 years in
• 1:53:37
  prison or less depending on the information that's brought to me
• 1:53:40
  in a hearing. You understand state tenders #1
• 1:53:44
  in each of those cases, it's admitted in those cases.
• 1:53:49
  Mr. Ross, I'm going to find that you entered your pleas of Trude
• 1:53:51
  accounts 126 and 7 freely and voluntarily find those counts
• 1:53:56
  true and sufficient evidence in each of your cases to find you
• 1:54:00
  guilty and revoke your probations.
• 1:54:02
  However, I'm not going to do that today.
• 1:54:04
  I'm going to reset your cases for sentencing.
• 1:54:07
  We'll get the probation department to do updated
• 1:54:09
  reports. And then again, anything that's
• 1:54:11
  important for me to know, get that information to Mr. Burbank
• 1:54:14
  and he'll present it to me on your behalf when we come back.
• 1:54:17
  And if there's anything of those that are you feel like proving
• 1:54:20
  up at that time, I think it's just mainly the the drug patch
• 1:54:25
  and that possession marijuana. But either way, would you like
• 1:54:27
  to? Hear from that he's been
• 1:54:32
  relocated. No, I think we're good with the
• 1:54:34
  others. So Mr. Ross, I also before you
• 1:54:38
  go back with the bailiff, you have in my hand jail incident
• 1:54:42
  reports. So if you're going to come in
• 1:54:45
  here and ask me to do something other than eight years in prison
• 1:54:49
  and give you some kind of circumstances, good, It's not
• 1:54:55
  going to happen. The names you are calling these
• 1:55:00
  correctional officers officers, the rules that you're breaking
• 1:55:06
  the gambling with the dot. I mean it's, it's not allowed.
• 1:55:09
  If you can't follow the rules in jail, then what makes you think
• 1:55:15
  that I'm going to do anything nice for you?
• 1:55:19
  If you call people? I don't even y'all talk to Mr.
• 1:55:24
  Burbank about it. OK, but the name Colin, you know
• 1:55:29
  what I'm talking about, right? OK.
• 1:55:33
  I don't care what they're doing. They're doing their job, right?
• 1:55:37
  So they're going to work every day.
• 1:55:38
  They're going home, which is hopefully at some point, what
• 1:55:41
  you would like to do in your life.
• 1:55:43
  Get a job, go home, be with your family.
• 1:55:47
  And if you had Someone Like You acting like that at your job
• 1:55:51
  when you're just trying to do your job and enforce the rules,
• 1:55:55
  you're in jail. You got to follow the rules.
• 1:55:57
  You don't want to follow those rules, Then stop committing
• 1:56:00
  felonies. All right, go back with the
• 1:56:04
  bailiff. We'll see you at sentencing.
• 1:56:07
  Yes, Sir, Almost said the words. All right, time.
• 1:56:20
  Switch it up a little bit. Let's stay in the building, but
• 1:56:22
  we'll go across the hall to Judge Stevens.
• 1:56:26
  CR1089 The state of Texas versus Fjordo Galvin, You or Mr.
• 1:56:30
  Galvin? Or was it done on today's?
• 1:56:34
  Name. Yes, this is plea.
• 1:56:36
  Judge Oh, it's not a plea. Oh, but unless you were saying
• 1:56:38
  you were working on a plea for us, what are we going to do on
• 1:56:40
  this? Well, it's an announcement.
• 1:56:44
  Well. But.
• 1:56:47
  Judge. I spoke with defense counsel.
• 1:56:49
  He stated that he had made. An.
• 1:56:52
  Agreement with the prior prosecutor that I'm not aware
• 1:56:56
  of, so I need to check into that and see.
• 1:56:58
  How much time 3 weeks going to be good enough you think to
• 1:57:01
  figure it out? That's perfect on my point.
• 1:57:03
  What do you want? Do you?
• 1:57:06
  Need to do you tell me what do you like about the units?
• 1:57:10
  But oh, that's all you need. Well.
• 1:57:11
  I don't want to do. That Thomas I just it.
• 1:57:15
  In this case it's getting. Old it's one that it's the I
• 1:57:22
  mean. If if we.
• 1:57:23
  Can hold I need to. I need to check with.
• 1:57:25
  My with me, Yes, I'm. Here, I'll be playing this venue
• 1:57:31
  all day. OK.
• 1:57:35
  All right, Char recess. We'll be back in a few minutes.
• 1:57:39
  Thank you. All right, he stepped away and
• 1:58:26
  they need another contestant. Anyways, Let's let's go to
• 1:58:30
  Louisiana, see what's going on with the board.
• 1:58:33
  They are Mr. Chuck Tillis and Miss Gerald Ledoux will be
• 1:58:37
  joining us by Zoom. I'm located at DOC headquarters.
• 1:58:43
  Headquarters staff, will you please introduce yourself for
• 1:58:47
  the record? Cassie.
• 1:58:48
  Thompson. Cavalier.
• 1:58:49
  Carla Williams OK today our remote location is Point Coppe
• 1:58:55
  Parish Jail. Is there any staff in the room?
• 1:58:59
  And if so, will they please introduce themselves?
• 1:59:05
  Any staff in the room? Can you hear me, Sir?
• 1:59:09
  Yes. Will you please?
• 1:59:14
  Can you? Hear me now.
• 1:59:18
  Yeah, I can, yes. Corporal Frank Media with the
• 1:59:23
  point to be Parish Sheriff's Office.
• 1:59:25
  All right, All right. Mr. Cavalier, will you please
• 1:59:36
  introduce yourself for the record, please?
• 1:59:39
  Kyle. June Cavalier.
• 1:59:42
  And your DLC number. 773424. OK.
• 1:59:49
  Do you have a questionnaire that they gave you and that you
• 1:59:53
  signed? All.
• 1:59:57
  Right, let's see, it says that. Well, according to this, you're
• 2:00:05
  not eligible for appointed counsel and do you want to
• 2:00:10
  receive proceed without counsel? Yes and no.
• 2:00:14
  OK. Thank you.
• 2:00:16
  All right, the lead person has been assigned to your case is
• 2:00:20
  myself and I will enter and I will review your violations and
• 2:00:25
  you may answer guilty or not guilty with or without a
• 2:00:27
  statement. Today you're going to have an
• 2:00:31
  opposition Michael Conrad from the point to P Sheriff's Office
• 2:00:37
  and he's going to speak with also.
• 2:00:39
  All right, so you're get to you. Here we go.
• 2:00:52
  OK, are you going to answer guilty or not guilty?
• 2:00:56
  OK with or without a statement? First of all #4 you were
• 2:01:00
  involved in criminal activity on 10/21/2025 through the
• 2:01:05
  Commission of the offense of battery of a police officer
• 2:01:08
  while being taken into custody by the Point Capi Sheriff's.
• 2:01:12
  Office. You are being taken into custody
• 2:01:15
  on an active bench warrant issued by the 18th JDC due to
• 2:01:19
  failure to appear to a pending misdemeanor charge.
• 2:01:23
  You were booked into the Point to Be Detention Center on
• 2:01:27
  10/21/2020. 5. You were reigned on 12/16/2025
• 2:01:36
  before Judge Campbell of the 18th JDC in Point to Be Parish.
• 2:01:40
  You were billed with two counts of Battery on a police officer
• 2:01:43
  in which you were sentenced to serve six months on each count
• 2:01:48
  consecutively with credit for time served for the date of
• 2:01:52
  arrest. All other pending charges in
• 2:01:55
  Point to be were not processed. That do you plead guilty or not
• 2:02:00
  guilty? Not guilty.
• 2:02:04
  All right. Do you have a statement about
• 2:02:07
  that? No, ma'am.
• 2:02:12
  Just that you didn't do it. OK.
• 2:02:17
  The second one is number 10. You failed to submit payments
• 2:02:21
  towards your supervision fees and are currently in arrears of
• 2:02:26
  the amount of $504.00. Guilty or not guilty?
• 2:02:32
  Guilty. OK.
• 2:02:36
  All right, at this point, we're going to have opposition speak.
• 2:02:43
  It would be Michael Conrad from the Point Capis Sheriff's
• 2:02:48
  Office. You.
• 2:02:51
  Can just go to the podium. Yeah, OK.
• 2:02:59
  How do you do, Sir? I'm fine.
• 2:03:00
  Are you? Fine, you go ahead and and tell
• 2:03:04
  us what happened. OK, so the, the, the, the night
• 2:03:08
  of this incident, we're actually looking for his other charges
• 2:03:17
  warranted. He happened to be at the
• 2:03:20
  residence and was found to have a a warrant for the rest as
• 2:03:25
  well. So he was taken into custody as
• 2:03:29
  soon as he was taken into custody immediately but again
• 2:03:35
  just acting on food cousin Tyler and threatening once he was
• 2:03:44
  forced into control you most heavy drug he was so he was so
• 2:03:51
  irate cousin yelling spitting all over the place.
• 2:03:55
  I warned him to leave twice if I'd have had looked.
• 2:03:58
  I know it's. Out of their.
• 2:03:59
  Control, but if I'd have a little bit more earlier ever
• 2:04:05
  noticed I could have got the body camera?
• 2:04:06
  Footage. As well, but I've warned him
• 2:04:10
  twice about the spit. And he continued.
• 2:04:15
  And that's what. He was charged.
• 2:04:16
  That's why he was charged with that.
• 2:04:17
  He was, he had that warrant due to that failure to appear.
• 2:04:25
  I think that was for theft and just previously just a month or
• 2:04:29
  two earlier from that he ran from us.
• 2:04:33
  I'm from a traffic. Stop and bailed out of the car.
• 2:04:35
  And had to be tracked down and and follows with them OK.
• 2:04:43
  All right. So that that concludes your
• 2:04:47
  statement, sorry. If I can get my opinion, I mean,
• 2:04:51
  it's, it's, it's a nuisance. To the community.
• 2:04:54
  It's, it's, it's, it's always been towards law enforcement.
• 2:05:02
  Non compliant. In and out of trouble, in and
• 2:05:05
  out of camp, no respect for for nothing.
• 2:05:08
  Family covers up whereabouts is So what are you being looked
• 2:05:12
  for? I just think you should sit
• 2:05:15
  where you're at since talking to OK.
• 2:05:18
  Thank you for coming today, Sir. So at this time, we're going to
• 2:05:28
  take questions and the board members and miss will do is on
• 2:05:34
  zoom. So I'm going to go ahead and
• 2:05:35
  start off with her and see if she has any questions.
• 2:05:39
  No, I I recognize he has been charged and sentenced for those
• 2:05:46
  misdemeanor crimes. So aye.
• 2:05:51
  And Mr. Hello, Mr. Cowell, were you on drugs?
• 2:05:54
  At the time. Yes, Sir.
• 2:05:57
  You're using drugs, OK, And, and what's happening was you, you
• 2:06:02
  plead not guilty to condition #4 So and you don't want to
• 2:06:06
  elaborate on it. I really don't know what
• 2:06:09
  happened. That's why I plead not guilty.
• 2:06:11
  Oh, OK, I see. All right, I have no more.
• 2:06:13
  Questions. OK.
• 2:06:16
  I don't have any questions. Like you said, you plead not
• 2:06:20
  guilty because you couldn't remember because you were on
• 2:06:22
  drugs. So you already violated.
• 2:06:25
  You just admitted to violating your parole.
• 2:06:29
  You're not supposed to do any kind of illegal drugs or so is
• 2:06:35
  everyone ready to vote? Miss will do.
• 2:06:40
  Yes. OK, I'm the lead on this
• 2:06:46
  investigation so I'm going to vote to revoke your parole and
• 2:06:55
  the reasons are is because you had an active warrant against
• 2:07:01
  you so you'd already broken the law, the battery on the police
• 2:07:06
  officer also and then you just now admitted to for taking in
• 2:07:13
  illegal drugs. Next, yes, my vote is to revoke
• 2:07:22
  based on non compliance with conditions of parole and that he
• 2:07:26
  was sentenced for misdemeanor crimes.
• 2:07:32
  OK. And Mr. My vote also is to
• 2:07:34
  concur with my colleagues. OK, so you've been revoked
• 2:07:40
  today, Sir, and the time is nine O 1.
• 2:07:45
  All right, can I ask a question? No, you may not.
• 2:07:51
  All right. Revoked to the surprise of
• 2:07:53
  nobody, I would suppose. Let's rotate back to Judge
• 2:07:58
  Stevens, new contestant. 25 CR 1137 State of Texas versus
• 2:08:04
  Claiborne Livings, you or Mr. Livings, and you were present
• 2:08:08
  here with your attorney, Mr. Adamson, the State's Attorney.
• 2:08:11
  Does the defendant wave a formal reading of this indictment and
• 2:08:14
  arraignment? Can we proceed in some way?
• 2:08:16
  Yes, Sir. In summary, this indictment
• 2:08:18
  alleges that honor about August 7th, 2025, in Jefferson County,
• 2:08:24
  Texas, you committed the second degree felony of burglary of a
• 2:08:27
  habitation. Do you understand what you are
• 2:08:32
  charged with in this indictment, Sir?
• 2:08:36
  Yes, speak out. OK, there's an agreement that's
• 2:08:55
  been reached where you're going to be pleading guilty to a
• 2:08:57
  lesser included offense of what? Criminal trespass, Judge.
• 2:09:16
  OK, there's not a doubt that that's I see assault, a lesser
• 2:09:21
  included assault is in here, but that's going to be intentionally
• 2:09:28
  and only enter habitation without the consent of the
• 2:09:31
  owner. That is criminal trespass
• 2:09:33
  Church. And that is Class B, Mr. Manish,
• 2:09:35
  correct. Yes.
• 2:09:54
  Yeah. What's the word on getting new
• 2:10:02
  pads? I was just thinking about that
• 2:10:05
  as Warner judge, I have. Not heard.
• 2:10:07
  Recently. So I will double check on that
• 2:10:10
  this afternoon. These babies, you're right, and
• 2:10:14
  it doesn't show up on the pad until about 10 seconds after
• 2:10:17
  you've hit it. Which agreement has been reached
• 2:10:24
  by the parties where you would be prosecuted and you would move
• 2:10:32
  forward on a plea of guilty to the lesser included Class B
• 2:10:37
  misdemeanors of criminals trespassing, which carries with
• 2:10:43
  it up to 180 days in the county jail and a fine up to how much
• 2:10:53
  on a Class B? 2000. $2000 Is this your
• 2:10:59
  understanding of the plan and do you understand fully the
• 2:11:06
  punishment range you are facing here for this lesser included,
• 2:11:10
  we could say misdemeanor speak up so she can hear yes, yes.
• 2:11:23
  How do you plead to this lesser included Class B misdemeanor
• 2:11:26
  served guilty or not guilty? Are you pleading guilty
• 2:11:31
  voluntarily and because you are guilty?
• 2:11:37
  Sure. Show you what's marked as
• 2:11:40
  State's Exhibit one. Did you sign that document
• 2:11:42
  voluntarily? Understand it?
• 2:11:43
  Discuss it with your attorney? Are the contents all true and
• 2:11:46
  correct? State's Exhibit 1 tendered into
• 2:11:49
  evidence and without objection. Among other things, this states
• 2:11:53
  you are mentally competent to enter your guilty plea.
• 2:11:56
  It's freely and voluntarily made you know what you've been
• 2:11:59
  charged with the indictments men wrote to you, you've read it.
• 2:12:01
  You were guilty of the crime charts and any lesser included
• 2:12:03
  offenses and you were giving your rights to a jury trial and
• 2:12:06
  the rights to the appearance, confrontation position, cross
• 2:12:08
  examination of witnesses. Totally satisfied with the
• 2:12:11
  representation provided by your lawyer.
• 2:12:12
  All true so help you. God State's Exhibit 1 is part of
• 2:12:16
  the record for all purposes. Pre sentence report is waived
• 2:12:19
  here. Yes, Sir.
• 2:12:20
  I'm going to follow this agreement if nothing further to
• 2:12:23
  add and find that Mister Livings, you are mentally
• 2:12:28
  competent to enter this guilty plea.
• 2:12:29
  It is freely and voluntarily made.
• 2:12:31
  You know and appreciate the consequences of pleading guilty.
• 2:12:34
  There's sufficient evidence supporting your guilty plea from
• 2:12:36
  State's Exhibit 1 admitted in this hearing here to find you
• 2:12:40
  guilty beyond a reasonable doubt.
• 2:12:41
  But we are going to defer any finding of guilt.
• 2:12:46
  Well, can I based it up to the third on Class B misdemeanor?
• 2:12:51
  Actually, Judge, I need to correct myself.
• 2:12:53
  It's a Class A misdemeanor because habitation, and with any
• 2:12:57
  misdemeanor, the court has the authority to go up to two years.
• 2:13:08
  All right, we're going to have to back date everything here and
• 2:13:12
  go back to this. Sorry if this is a Class A
• 2:13:15
  misdemeanor, not a Class B misdemeanor.
• 2:13:17
  That's got to be corrected. But it carries with it up to a
• 2:13:21
  one year in the county jail and a fine up to $4000 can be
• 2:13:25
  assessed. Do you understand that
• 2:13:26
  punishment range, Sir? That's what your face, not the
• 2:13:30
  Class B that we talked about. Do you still insist on making
• 2:13:34
  your plea of guilty in this case based upon what the court has
• 2:13:38
  stated to you? All right, then I'm going to
• 2:13:44
  follow this agreement and find the defendant has pleaded guilty
• 2:13:47
  again, voluntarily, knowingly, intelligently to this Class A
• 2:13:51
  misdemeanor lesser included offensive criminal trespass.
• 2:13:55
  Even though there's enough evidence to find you guilty
• 2:13:58
  beyond a reasonable doubt from this hearing, the court is going
• 2:14:00
  to instead defer any finding of guilt and place you on deferred
• 2:14:04
  or unadjudicated probation for two years.
• 2:14:07
  There will be terms and conditions of probation which
• 2:14:11
  for normal and customary for this type of offense.
• 2:14:21
  The you will have no contact with the victim in this case I
• 2:14:27
  don't know what the kind of line circumstances I would I would
• 2:14:34
  hear. I would agree that that's
• 2:14:36
  appropriate. Judge, how did you know this
• 2:14:46
  first? It was my my sister's best
• 2:14:50
  friends, my boyfriend. I'd have to have a road map to
• 2:14:54
  follow that one that's 4° of distance from a direct
• 2:15:02
  relationship though. Nonetheless, is all that being
• 2:15:06
  fixed responsibly and legally? Yes, Sir.
• 2:15:12
  OK. Make sure you follow these terms
• 2:15:21
  and conditions of probation. If you fail, your probation
• 2:15:24
  could be revoked. You could then be found guilty
• 2:15:26
  and sentenced up to one year in the county jail.
• 2:15:28
  OK, please see this lady. Thank you very much.
• 2:15:31
  Sorry about the mistake, Judge. Judge, Mr. Walker, you've got
• 2:15:47
  I think y'all can work together. To be honest, after that the
• 2:15:50
  only thing in my mind is the classic movie Ferris Bueller
• 2:15:55
  where I forget Simone I believe is her name in the classroom
• 2:15:59
  says that my best friend's sister's boyfriend's cousin's
• 2:16:02
  girlfriend heard from this guy who goes with this kid who knows
• 2:16:06
  this girl who saw Ferris pass out at 31 flavors last night.
• 2:16:11
  I'm pretty sure how that's how that went back to judge.
• 2:16:17
  Oh, OK, sure. All right.
• 2:16:18
  This is what you. There was an attempt to try to
• 2:16:21
  resolve this. It's news to him, Judge.
• 2:16:24
  And got in shock that now I'm going to explain it to him.
• 2:16:27
  It'll be set for trial. If y'all change your mind, let
• 2:16:29
  me know on how we dispose it. But otherwise, like you say,
• 2:16:33
  it's almost two years old. It needs to move forward in one
• 2:16:37
  way or the other. OK.
• 2:16:38
  Please get a reset. Thank you.
• 2:16:39
  Yes, Sir. Otis Pollard.
• 2:16:42
  He's in. OK, see you're Mr. Colin.
• 2:16:56
  Yes Sir, Yes Sir. The accent is on the 1st
• 2:17:08
  syllable. All right.
• 2:17:14
  You're charged with third degree felony of unlawful possession of
• 2:17:17
  a firearm by a felon in 25 Co 138 and in 25 Co 139.
• 2:17:23
  That indictment alleges that you committed the state jail felony
• 2:17:27
  of theft. So you were looking at up to 10
• 2:17:29
  years in prison in one case and up to two years in state jail on
• 2:17:32
  the other, though that's serious.
• 2:17:37
  What are we going to do? Just going to have just one new
• 2:17:39
  announcement on him and I'll be ready.
• 2:17:43
  I just just one. How much time is that?
• 2:17:47
  The normal, whatever your normal is.
• 2:17:50
  We're you're in the criminal District Court, there is no
• 2:17:52
  normal in this building in this room, as you know.
• 2:17:56
  It's four weeks ago. That's cool.
• 2:17:57
  That'll. Work good.
• 2:17:58
  Thanks Chastity Rashton, that's get a resetting.
• 2:18:04
  This. That's like bull stuff.
• 2:18:06
  I think the state is taking care of that.
• 2:18:09
  She's going. To be refiled to a misdemeanor.
• 2:18:13
  OK, they're getting a lesser included we can do on this.
• 2:18:15
  No, Your Honor. Not with the way the council
• 2:18:17
  election indictment. Yes.
• 2:18:20
  OK, we'll do one week. They give them time to do it.
• 2:18:22
  Does it be enough time? This is just a review.
• 2:18:24
  You're going to end up doing it in misdemeanor court, right?
• 2:18:27
  That's fine, that right? Yeah.
• 2:18:34
  We would just need. To place this on a dock, a
• 2:18:35
  docket for dismissal once the misdemeanors pled to what?
• 2:18:39
  We're going to do is just put on a review document in two weeks.
• 2:18:42
  That's fine. Two weeks we can know it's going
• 2:18:45
  to be done. Thank you.
• 2:18:46
  Thank you. And Paris, Ross, Justin, get a
• 2:18:49
  resetting late Madam right there.
• 2:18:51
  Thank you. And just in sentence in and out,
• 2:18:53
  I have just two character witnesses, his mother and his
• 2:18:57
  sister. And that's it's not going to be
• 2:18:58
  long, but he's here and that's Mr. Voss.
• 2:19:01
  And then his mom and his sister is to the left and the right
• 2:19:06
  just come on 1st row and it's a sentencing.
• 2:19:11
  I we, we did review the PSI too. I.
• 2:19:17
  Don't know how I did that song please.
• 2:19:23
  All right, we'd call 2 paces 25 CR 381.
• 2:19:29
  You are Paris Ross, and you are charged in 381 with fraudulent
• 2:19:41
  possession or use of a credit card.
• 2:19:43
  And that is a second degree felony, which carries with it up
• 2:19:48
  to 10 years in prison, 20 years in prison.
• 2:19:52
  I'm sorry, I was looking ahead. You are charged also with 25 CR
• 2:19:56
  3A2, the third degree felony, a forgery of a financial
• 2:20:00
  instrument. And that carries with it up to
• 2:20:03
  10 years in prison. And
• 2:20:18
  looks like these were committed on or about the same day in
• 2:20:23
  October of 2023. He hadn't entered his pleas yet.
• 2:20:34
  He did. He already did because it.
• 2:20:38
  December 3rd. And.
• 2:20:41
  We got the PSL. All right, a pre sentence report
• 2:21:04
  has been prepared on each of these cases that the parties had
• 2:21:17
  an opportunity to review it. Are there any corrections or
• 2:21:22
  changes to it? Yes, Sir.
• 2:21:24
  Go. Ahead, the first correction is
• 2:21:27
  on page one about which and that's defendants version and
• 2:21:35
  under defendants of of of of of version where it has on here
• 2:21:42
  about denied participating in the offense.
• 2:21:48
  That's a correction for us because he's saying that he
• 2:21:53
  admitted to the offense. So that's a correction.
• 2:21:56
  And then the other correction I think would be on page 5.
• 2:22:02
  Hold on, let's deal with that first one on.
• 2:22:07
  That's on Page 1, and I will be on the defendant's version where
• 2:22:12
  it had denied participating in offense.
• 2:22:16
  He admitted OK, this is line 5 under defendants version.
• 2:22:24
  Yes Sir. Well, it's it.
• 2:22:30
  We got to go up some too because he claimed in line 4 of
• 2:22:39
  defendants version, the defendant claimed ownership of
• 2:22:42
  the items to prevent a female he was dating from getting into
• 2:22:46
  trouble. He admitted in it.
• 2:22:48
  He goes on to state he admitted he was aware the items were
• 2:22:51
  connected to fraudulent activity but denied participating in the
• 2:22:57
  offenses. He further stated he has learned
• 2:22:59
  not to take on other people's problems and not to place
• 2:23:02
  himself in harmful situations, and that his look outlook on
• 2:23:06
  life has changed since the birth of his newborn child.
• 2:23:11
  So you're skipping around responsibility.
• 2:23:16
  You're either guilty or not guilty.
• 2:23:18
  Take responsibility. Is that your final answer?
• 2:23:22
  Yes, Sir. He's going on a correct page
• 2:23:37
  5123 third paragraph beginning in factors and the correction
• 2:23:49
  for the third paragraph that begins with factors warranted
• 2:23:53
  where it says maintaining that he did not commit the offense
• 2:23:58
  while acknowledging that he was aware of the illegal activity
• 2:24:00
  taking place he's and that he does take responsibility for the
• 2:24:05
  offense. So he wants to correct that
• 2:24:08
  sentence in the PSI. Can he correct what is the
• 2:24:37
  recommendation of the pre sentence investigation?
• 2:24:40
  No, he can't correct. No, he can't only correct what
• 2:24:42
  he that's, that's what he's proposing with that last
• 2:24:46
  suggestion, Judge. And I would.
• 2:24:49
  Believe that Miss Karthen is only responding to what occurred
• 2:24:55
  to her personally, and since I wasn't there and Mr. Adams
• 2:24:58
  wasn't there, I don't know how we can correct that.
• 2:25:08
  OK. Taking one problem at a time
• 2:25:11
  here, Yes Sir, the defendant admits responsibility to each of
• 2:25:16
  these two offenses for which he has pleaded guilty to.
• 2:25:20
  Yes, you are. That's your final answer,
• 2:25:22
  correct? Yes, sure.
• 2:25:23
  OK. All right.
• 2:25:26
  And the 9 participating in the offenses, why would you say
• 2:25:30
  that? Were you confused or something?
• 2:25:33
  No, Sir. You were being dishonest with
• 2:25:38
  them, with the probation office. You denied participating in the
• 2:25:43
  offense, is what you told the probation office.
• 2:25:47
  Yeah, sure. I was in something like that.
• 2:25:49
  He was thinking that we used it or did anything with it.
• 2:25:52
  I didn't. I didn't.
• 2:25:53
  We didn't. You've talked to your attorney
• 2:25:56
  about the elements of this crime, what constitutes each of
• 2:26:00
  these crimes, and you either acted as a party legally to this
• 2:26:06
  or you were solely responsible. Is that correct?
• 2:26:10
  Yes, Sir. OK.
• 2:26:10
  In each of these two cases, yes, Sir.
• 2:26:13
  All right. What was the second part?
• 2:26:16
  That was the. Second part that Mister Hammes
• 2:26:22
  has an issue with No. I'm just trying to correct page
• 2:26:25
  5. They're trying to change the
• 2:26:29
  comments under the recommendations on page 5, 3rd
• 2:26:32
  paragraph down. He's suggesting that the last
• 2:26:36
  sentence be altered because of the change in his position
• 2:26:41
  today. This thing you mean where he did
• 2:26:45
  not accept responsibility? Yes.
• 2:26:47
  Sir, what says maintaining that he did not commit the offense,
• 2:26:50
  acknowledging Blasi blah. I'm asking that that be
• 2:26:54
  corrected because he's saying that he did accept
• 2:26:59
  responsibility. So that was a correction because
• 2:27:01
  you'd asked me we had any corrections.
• 2:27:05
  OK, Well, as far as this court's concern, it's never too late to
• 2:27:13
  accept responsibility for culpability in a crime unless
• 2:27:17
  it's too late after the judgment has been entered.
• 2:27:22
  But if he wants to correct something, the court will
• 2:27:27
  consider it and allow it as because what we're trying to get
• 2:27:33
  to is what is the truth? Yes, Sir.
• 2:27:36
  Is that the truth? Yes, Sir, I take full
• 2:27:38
  responsibility. All right.
• 2:27:45
  There's an agreement that's been reached here where each case a
• 2:27:54
  cap of four years in prison, I guess the one concurrently.
• 2:27:58
  Yes, Sir. So we are looking at no less
• 2:28:05
  than two nor 14 nor more than four years in prison.
• 2:28:09
  Yes, Sir. We are looking at up to four
• 2:28:14
  years in prison and then found guilty and then he could be
• 2:28:22
  placed on regular probation for up to 10 years.
• 2:28:25
  Yes, Sir. And then there's deferred or
• 2:28:27
  unadjudicated probation. Yes, Sir.
• 2:28:30
  Which this court can assess which would be up to 10 years
• 2:28:36
  could can be up to 10 years in link is.
• 2:28:39
  Are there any other options the lawyers can think about here in
• 2:28:43
  disposition? All right, I want to ask you
• 2:28:47
  about this. Were there any other issues to
• 2:28:54
  be dealt with with the proposed pre sentence report?
• 2:29:00
  That was the main thing that I saw that I wanted to correct.
• 2:29:05
  Other than that, I didn't really see too many other selections in
• 2:29:09
  state, none from the state judge.
• 2:29:13
  All right, with I want to get a grip on one thing.
• 2:29:17
  Criminal history here. Anybody.
• 2:29:21
  Yeah. Anybody figure out exactly how
• 2:29:24
  many convictions he has here? Because it's a little nebulous
• 2:29:30
  as I'm reading this. And it's not the probation
• 2:29:33
  officers fault, it's just the defendant has been busy making
• 2:29:39
  bad mistakes for a long time, since 2008 actually, according
• 2:29:43
  to this. So we're talking about 1516
• 2:29:51
  years. I thought, Judge, you were going
• 2:29:54
  to go to the misdemeanor that reportedly received a 12 year
• 2:29:59
  probation period, which I don't think is viable.
• 2:30:05
  OK, we, we start out, we're going to start from the
• 2:30:07
  beginning of issues. On page 2, on July 2nd, 2009, it
• 2:30:14
  states the defendant was convicted and sentenced to 12
• 2:30:17
  months probation for driving without a valid license.
• 2:30:29
  Is that true? That was out of Fulton County,
• 2:30:31
  Georgia. Yes, Sir, Yes, Sir.
• 2:30:35
  But says it runs concurrent with the prior sentence.
• 2:30:38
  I don't see another prior sentence in the misdemeanor
• 2:30:41
  court history, but I do see one armed robbery in 2008.
• 2:30:47
  You were convicted in one year confinement, 9 years adjudicated
• 2:30:53
  probation. So that must be what they're
• 2:30:55
  talking about. Those two, the misdemeanor ran
• 2:30:58
  with that felony. I guess also you had a hindering
• 2:31:07
  apprehension or punishment of a criminal in Fulton County,
• 2:31:10
  Georgia also on September 25th, 2008, and were sentenced to one
• 2:31:16
  year confinement, probated for four years.
• 2:31:22
  And that all occurs about a year before you were convicted of
• 2:31:30
  that misdemeanor. Then thereafter that misdemeanor
• 2:31:43
  conviction and your two prior felonies of armed robbery and
• 2:31:47
  hindering apprehension, it looks like you were convicted November
• 2:31:51
  2009, seven years probation for burglary that was revoked and
• 2:31:59
  you were sentenced to three years in prison in 2016.
• 2:32:03
  That true. And also on 11 November 25th,
• 2:32:11
  2009, you were convicted and sentenced to seven years
• 2:32:18
  probation, which was revoked and you received three years
• 2:32:22
  imprisonment on the same date the burglary, revocation and
• 2:32:29
  prison occurred. And on this one, it was illegal
• 2:32:33
  possession of tools for the Commission of a crime, I guess
• 2:32:35
  burglary tools, I guess that was revoked and you were sentenced
• 2:32:41
  to three years as well to run, I guess concurrent with the
• 2:32:44
  burglary. OK, thanks, Sir.
• 2:32:49
  Then kind of backing up a space, in July of 2009 you were
• 2:33:02
  convicted and sentenced to five years probation for death of
• 2:33:13
  receiving stolen property. Is that true?
• 2:33:20
  Yes Sir. So that means 12345 felony
• 2:33:25
  convictions as of 2009 and one misdemeanor.
• 2:33:33
  Then in 2016, you're convicted of 3 forgeries, sentenced to 90
• 2:33:44
  days confinement to run concurrently.
• 2:33:50
  And I don't understand that is under felony history, but was
• 2:33:56
  that a felony or were those felonies or misdemeanors?
• 2:33:59
  Does anybody know? He's actually 90 days
• 2:34:03
  confinement. I mean, that would be a
• 2:34:07
  misdemeanor in Texas, but and then 2021 you're sentenced to
• 2:34:15
  six months confinement and that was adjudicated for two years
• 2:34:23
  probation for selling, giving or transporting marijuana out of
• 2:34:30
  California. Is that true?
• 2:34:34
  Yes, Sir. And in 2023?
• 2:34:45
  Which would have been. In June, you were sentenced to
• 2:34:50
  15 days confinement or evading arrest or detention with a motor
• 2:34:56
  vehicle out of Harris County, Texas.
• 2:35:01
  Those are some of these for coming up in under the adult
• 2:35:06
  felony history and that might not be right.
• 2:35:10
  My NCIC reports indicates that the South Carolina offenses are
• 2:35:15
  felonies only about ones that he received 930 county and
• 2:35:24
  California. OK.
• 2:35:26
  So the question story I was trying to answer for your honor
• 2:35:29
  is there were three convictions in 2016 were received right out
• 2:35:34
  of South Carolina. Those are all felonies according
• 2:35:37
  to the NCIC, and I'll check, I'll check the Harris County.
• 2:35:45
  Rule on that before. We've got to round out the the
• 2:35:48
  field here, two more convictions which are this is misdemeanors.
• 2:35:56
  One in 2023 out of Harris County, Texas, you were
• 2:36:02
  convicted, sentenced to three days for assault of a family
• 2:36:08
  member. And then all right, Judge, I'm
• 2:36:14
  sorry that Harris County, the original offense of evading
• 2:36:20
  detention was apparently LED as an eluding.
• 2:36:25
  So that should not be a felony. It should be a misdemeanor.
• 2:36:31
  That's the last one that has an offense.
• 2:36:33
  State of June 2nd, 23. OK.
• 2:36:38
  And. I'll I'll check say that again
• 2:36:41
  now what what, what what the abating arrest detention with
• 2:36:45
  vehicle that was offense date 12/17/20.
• 2:36:49
  Yes. Was disposed of on June 2nd, 23,
• 2:36:53
  as a misdemeanor offense of fleeing a police officer or a
• 2:36:58
  looting. As I like to.
• 2:36:59
  Call it. That is why it's a.
• 2:37:02
  A 15 day. That it's there, OK, and that
• 2:37:06
  makes sense. I will check the California OK,
• 2:37:12
  we got the I'm doing this in a Carl out of a sequence.
• 2:37:18
  He's convicted in January of 23, three days confinement out of
• 2:37:24
  Harris County. That's a misdemeanor in Harris
• 2:37:26
  County, Texas. Then finally, he was convicted
• 2:37:34
  and sentenced to 13 days confinement for theft by
• 2:37:37
  conversion out of the Cobb County, Georgia.
• 2:37:42
  And that was a conviction on February 2024.
• 2:37:48
  But yet it states the date of offense is a decade before that
• 2:37:52
  happened. See Stacy, The date of offense
• 2:37:57
  was June 2015, and he was convicted nine years later.
• 2:38:05
  That's weird too. That's George's history in your
• 2:38:09
  honor. 6th grade is. That what I'm looking at.
• 2:38:22
  All right, all right. We had all this up.
• 2:38:37
  We've got a total number of convictions here of
• 2:38:41
  12345678910111213. Is that about right?
• 2:38:50
  Four of which are misdemeanors that we know are misdemeanors.
• 2:38:53
  Others are apparently felonies. The California case is a felony.
• 2:38:58
  I confirm that through NCNC Judge OK
• 2:39:22
  here. Each of these two cases occurred
• 2:39:25
  on that we are dealing with the sentencing on the forgery and
• 2:39:33
  the fraudulent use of credit or debit card, third degree in a
• 2:39:36
  second degree respectively, as this event.
• 2:39:45
  Each of these events allegedly occurred in Jefferson County on
• 2:39:48
  or about October 19th, 2023. It would have been just a few
• 2:40:26
  months after he was convicted and sentenced out of Harris
• 2:40:32
  County for that evading arrest or detention on June 2nd of
• 2:40:36
  2023. I.
• 2:40:49
  Did confirm your honor from NCIC that that nine year time frame
• 2:40:53
  on the Georgia offense is accurate.
• 2:40:57
  He had a warrant outstanding during that time frame for.
• 2:41:03
  A lot of. Fearing and finally dealt with
• 2:41:06
  it in 24. OK all.
• 2:41:43
  Right. Anything else anyone needs to
• 2:41:45
  change about in this pre sentence report, especially
• 2:41:49
  under the police court version, the defendants version or any
• 2:41:56
  other parts of the criminal histories?
• 2:42:00
  Yes no, no from the defense no from the state.
• 2:42:04
  There you go all right go ahead again.
• 2:42:07
  The agreement reaches whatever sentence shall not like to see
• 2:42:10
  the cap of four years in prison I.
• 2:42:14
  Need for the wonder cook? I'll be I'll be brief with.
• 2:42:31
  You OK? You want to present something
• 2:42:35
  first. Yes, Sir.
• 2:42:37
  Who do you call? Miss Cook, would you state your
• 2:42:40
  full name for the record? Malanda Baggott, Cook.
• 2:42:42
  Raise your right hand. Do you soundly swear or affirm?
• 2:42:44
  Any statements you make during this hearing shall be the truth,
• 2:42:47
  the whole truth, and nothing but the truth.
• 2:42:48
  So help you that lower your hand.
• 2:42:50
  Go ahead. All right.
• 2:42:52
  Miss Cook, you currently live in Georgia, right?
• 2:42:55
  Yes, I do. And your son lives in Georgia,
• 2:42:57
  right? Who's your son?
• 2:42:59
  Paris, Ross, OH. OK, so that's we don't know,
• 2:43:02
  we're just learning. I'm I don't know if your family
• 2:43:04
  situation, the defendant is your son.
• 2:43:07
  Yes, he is OK. Repeat that for me, could you?
• 2:43:11
  Spell your name. For me, Lawanda.
• 2:43:13
  LAWANDA maiden name is Baggett B as in boy AGGETT Mary mange
• 2:43:22
  thief O OK E right. So as I was saying, you are my
• 2:43:29
  client's mother. Right, that's correct.
• 2:43:31
  All right. And you understand with the pre
• 2:43:33
  bargaining agreement today he's been charged with two offenses,
• 2:43:37
  the fraudulent use of credit and debit card abuse as well as the
• 2:43:41
  forgery of the financial instrument, right?
• 2:43:43
  Correct. And you understand that the plea
• 2:43:45
  agreement is a cap of four years where the judge could consider
• 2:43:49
  probation, right? Correct.
• 2:43:51
  All right, so to get straight to the point, you're familiar with
• 2:43:55
  your son's criminal history, aren't you?
• 2:43:58
  Learning, yeah. Right.
• 2:44:00
  And you and you familiar with his character and who he is.
• 2:44:05
  Right? I am.
• 2:44:06
  All right. The reason I brought you up here
• 2:44:08
  is, is that your son is your special caretaker, isn't he?
• 2:44:12
  He is. And I know it's hard for you to,
• 2:44:15
  you know, talk about that, but you have a very serious ailment
• 2:44:20
  right now, right? Correct.
• 2:44:22
  And what is that serious ailment that you have right now?
• 2:44:25
  I'm dealing with stage 4 cancer. So you're dealing with stage 4
• 2:44:28
  cancer, is that right? Correct.
• 2:44:30
  And with that being stage 4 cancer, I was your doctor has
• 2:44:34
  basically diagnosed he was dying, right?
• 2:44:37
  Told. Me to live my best life.
• 2:44:39
  Live your best life. Well, I mean, I'm just saying.
• 2:44:41
  He said to go live my best life. Live right and.
• 2:44:44
  That pretty much takes a lot of hope out of things, but.
• 2:44:47
  No, I'm just saying. But.
• 2:44:49
  But I'll explain why and with and with with you going through.
• 2:44:54
  So you are being treated? I am medically, yes.
• 2:44:58
  OK. How long have you been
• 2:44:59
  experiencing this ailmenta? I've been sick the past five
• 2:45:04
  years. December. 13th, 2012.
• 2:45:06
  Yes, ma'am. OK.
• 2:45:07
  So with you being in in Georgia and with the stage 4 cancer that
• 2:45:12
  you have, is your son a provider for you?
• 2:45:16
  He's the main provider. And by the main provider.
• 2:45:18
  How is he the main provider? He's making sure the bills get
• 2:45:21
  paid, making sure I get my medication, making sure I get to
• 2:45:24
  my appointments. So at the end of the day, we
• 2:45:28
  know about his history, we know about the offenses that are
• 2:45:31
  charged. Are you begging for for mercy
• 2:45:35
  today? I am.
• 2:45:36
  And are you asking the court to put him on probation today?
• 2:45:41
  Yes, yes I am. And without me putting words
• 2:45:44
  into your mouth, I want you to speak to the judge in your own
• 2:45:48
  words and tell the judge why you want probation for your son.
• 2:45:53
  Good morning, Judge. My name is Lawanda Baggett Cook.
• 2:45:55
  I'm the mother of Paris Dewan Ross.
• 2:46:00
  I am dealing with stage 4 cancer.
• 2:46:02
  They just removed 10 masks out of my body, 7 out of my chest,
• 2:46:06
  two out of my diaphragm and one out of the upper right lobe of
• 2:46:08
  my lung. When?
• 2:46:10
  When did you become aware you had an illness?
• 2:46:13
  When did the illness began? Do you remember?
• 2:46:16
  Well, I went from. COVID cancer cancer, but the I
• 2:46:20
  just had surgery May 7th of 25 you.
• 2:46:24
  Say it happened during COVID, yes, So in 2020.
• 2:46:28
  December 13th, 2020. OK.
• 2:46:31
  And Harris is my not only is he my caregiver, he's my power of
• 2:46:39
  attorney. He have all the final rights and
• 2:46:43
  know my wishes once God decide it's my time.
• 2:46:49
  But I'm a single mom and clearly don't have any other person in
• 2:46:59
  my life significant otherwise. Not really able to work and a
• 2:47:06
  lot of times can't even get up and cook and take care of
• 2:47:08
  myself. So he is my main source.
• 2:47:12
  He is and I'm Maxim from Mercy of support.
• 2:47:15
  So basically for you. A day in your life you deal with
• 2:47:19
  the treatment of cancer, right? Treatment pain.
• 2:47:22
  Saying this, I could be well right now.
• 2:47:24
  And a little. Bit later balled up in the bed
• 2:47:28
  so right. So you can be balled up in the
• 2:47:31
  bed and it's appreciating pain, yes.
• 2:47:33
  And agony, right? Yes.
• 2:47:35
  And while you're in this pain, what does Paris do well?
• 2:47:40
  When he comes from work, he he's the person that prepares the
• 2:47:43
  meals. He will bathe me if you even
• 2:47:45
  changed me or give me to the bathroom.
• 2:47:48
  That's why he's he's good with that.
• 2:47:50
  He's real good. But he'll.
• 2:47:53
  Send. Food to the door.
• 2:47:54
  Uber Eats when he can't, If he's at work, he can make sure some
• 2:47:58
  food is coming to that door for me.
• 2:48:00
  Food, water, anything that I need.
• 2:48:03
  He's the person. He's my carrier 100%.
• 2:48:05
  So here's the last question and I and I'll stop calling part of
• 2:48:08
  the judge and the prosecutor's gonna have some questions for
• 2:48:10
  you. But at the end of the day, we're
• 2:48:14
  familiar with his criminal history.
• 2:48:15
  Right. We're familiar with the current
• 2:48:18
  offenses, right? Correct.
• 2:48:20
  But at the end of the day, you need him for survival, don't
• 2:48:24
  you? Yes, I do.
• 2:48:25
  And with that being said, are you asking for the court?
• 2:48:30
  Not necessarily look at him, but at least look to you as someone
• 2:48:35
  who's needed, right? Yes.
• 2:48:37
  And are you begging on him, the court, for its mercy?
• 2:48:40
  Yes, I am. By allowing him to have
• 2:48:42
  probation in spite of some of the things that he's done.
• 2:48:45
  Correct. That's correct.
• 2:48:46
  Thank you for your time. Thank you Do.
• 2:48:49
  You know why he it took him nine years to resolve that case in
• 2:48:55
  DeKalb County, Georgia. That's where you live.
• 2:48:57
  Right, that's. Correct.
• 2:48:58
  I have no clue. Not what it took so long.
• 2:49:01
  I mean, because I don't even. Remember if I can remember it.
• 2:49:04
  If he's the one that's responsible helping you out.
• 2:49:07
  Like we were. Talking about you would think
• 2:49:09
  he'd take care of this a lot quicker than that, right?
• 2:49:14
  I. Imagine.
• 2:49:17
  That's just one. Thank you, mate.
• 2:49:20
  Anything else? No, yeah, not for Merck.
• 2:49:29
  A couple a couple of issues I want to address on this.
• 2:49:32
  Number one, I heard what you've what your mother has said and
• 2:49:42
  yet with her illness that you're supposed to be taken care of.
• 2:49:51
  You committed after she was diagnosed and you knew she was
• 2:49:55
  sick. You committed, let's see, four
• 2:50:00
  different crimes and were convicted of four different
• 2:50:02
  crimes and yet you knew she was seriously ill.
• 2:50:08
  And we're talking about in DeKalb County, Harris County,
• 2:50:13
  San Mateo County. So this is across the country in
• 2:50:19
  Georgia, California and in Texas.
• 2:50:24
  Also that you have nine siblings, don't you?
• 2:50:30
  9 brothers and sisters. Nine brothers and sisters.
• 2:50:35
  That's what the probation officer wrote.
• 2:50:37
  Because you've told her that. Is that right?
• 2:50:40
  Where the heck are they? You've got nine siblings.
• 2:50:44
  Aren't they supposed to be doing their part to help this lady?
• 2:50:49
  Or have you been abandoned by all 8 of the of the your
• 2:50:52
  children? They're not my SO promised dad.
• 2:50:55
  No, that's not what this says. Reported to have nine siblings
• 2:50:58
  shared between his mother and father.
• 2:51:00
  I got. 2 of hers. Eraser with my dad.
• 2:51:02
  This says nine siblings shared between his mother and father.
• 2:51:07
  That's what the probation office wrote.
• 2:51:09
  I know what that means. It's English.
• 2:51:11
  You you have nine brothers and sisters by her and a father.
• 2:51:16
  That's correct. Well, where where are they?
• 2:51:19
  Why aren't they helping? The the only person who's
• 2:51:22
  helping is the person who has committed.
• 2:51:26
  How many crimes did we talk about you?
• 2:51:29
  Said 13, Sir. Yeah, 13 But the criminal, the
• 2:51:36
  consistent criminal, is the only one of the nine who is able to
• 2:51:40
  take care of you, but yet he keeps committing crimes.
• 2:51:44
  Why? You are seriously ill.
• 2:51:51
  What kind of responsibility is that?
• 2:51:55
  Pathetic. Well.
• 2:51:58
  You can't lever your mother's illness as a method of keeping
• 2:52:04
  you from being held responsible for committing 13 crimes and
• 2:52:08
  another one here before this court.
• 2:52:13
  I mean, how can it's like I'll keep committing crimes and I'll
• 2:52:19
  use my mother's illness as a get out of jail free card?
• 2:52:23
  No, Sir. No, that's what's being said
• 2:52:25
  here. You have nine siblings.
• 2:52:27
  They need to be doing their report naturally, decently.
• 2:52:32
  Christianity like way. It's a moral thing to do.
• 2:52:36
  Where are they? Or have they all abandoned you
• 2:52:40
  man? Two of them have not.
• 2:52:43
  Two have well then they're going to have to take care of you
• 2:52:45
  because he's going to prison and he's got to be held accountable.
• 2:52:50
  And with his rich criminal history, his lawyer has somehow
• 2:52:55
  fashioned A remarkable limit of his exposure for criminality
• 2:53:02
  because after all of these convictions and committing now
• 2:53:08
  two more convictions, crimes which are similar in nature of
• 2:53:19
  dishonesty. These one of these is a 20 year
• 2:53:26
  possible sentence. The other is 10.
• 2:53:28
  He was looking at 30 years in prison.
• 2:53:33
  And these are the kinds of cases with a rich criminally criminal
• 2:53:38
  history like you have that get stacked on top of each other.
• 2:53:43
  But but he is fashioned a deal of a cap of four years in
• 2:53:47
  prison, which is pretty good arrange arrangement.
• 2:53:55
  Is there any restitution here? No, you don't.
• 2:53:58
  OK. No, no, no.
• 2:54:00
  Despite all those cards that I've shown, you know, my
• 2:54:05
  mother's still alive. I just saw her yesterday, and I
• 2:54:09
  couldn't imagine hurting her in any way.
• 2:54:14
  But your choices that you make, you just don't hurt you.
• 2:54:18
  There's the lady who seems like a wonderful person, my goodness,
• 2:54:23
  who is who has nature has dealt some difficulties.
• 2:54:30
  And instead of being the good son, not only to help her but to
• 2:54:36
  make her proud, you continue to make the same kind of mistakes
• 2:54:42
  you've made or going on since 2009.
• 2:54:48
  The day is 2009, 2008, sorry, 16 years, 17 years going on 18
• 2:55:03
  years of criminality. And your mother's, you know,
• 2:55:08
  needs you. So quite naturally, you continue
• 2:55:11
  to commit crimes in three different states.
• 2:55:20
  OK, I don't feel sorry for you, I feel sorry for us.
• 2:55:26
  And you need to work on a whole lot, not only your own choices,
• 2:55:33
  but you, you need to quit putting yourself first was the
• 2:55:39
  great book GAIL Sayers wrote I am third.
• 2:55:43
  The Supreme Being is first, others are second.
• 2:55:45
  I come in 3rd. That's why he's great.
• 2:55:50
  He has a great message. You need to read that book
• 2:55:54
  because you keep putting yourself first when others
• 2:55:56
  should be placed ahead of him. You should be doing better work
• 2:56:00
  for others. You're decent.
• 2:56:03
  Taking care of family means anything else to add?
• 2:56:13
  Anything else you would like to add?
• 2:56:16
  Judge, if prison is going to be in judge, I would ask that a
• 2:56:22
  four year cap that you do too. Without having any
• 2:56:26
  definitiveness to his mother's condition at least, I think that
• 2:56:33
  would at least give him a chance to get out and to still be with
• 2:56:38
  her in her final days. OK, that's.
• 2:56:42
  Go ahead. That's why I was asking for the.
• 2:56:45
  I was asking for that number. I can't help but but say that's
• 2:56:54
  not the way sentences and the justice system and the laws are
• 2:56:58
  supposed to work. Essentially, it's the
• 2:57:01
  circumstances of the offense in criminal history.
• 2:57:05
  He has dealt with his mother's condition condition for several
• 2:57:09
  years, and yet that has not deterred him.
• 2:57:12
  I'm worried about about the community at large being subject
• 2:57:18
  to more criminality, his mother's illness, and her need
• 2:57:22
  of him to help her. He is.
• 2:57:26
  He is elected to continue to commit crimes of dishonesty,
• 2:57:32
  among other things. Then do the right thing morally
• 2:57:37
  and decently then. The community is best served
• 2:57:52
  overall for everyone. Even though your mother needs
• 2:57:56
  you help, you should have been helping her when you were
• 2:57:59
  committing these crimes when you knew she needed help.
• 2:58:02
  Shame on if nothing further by any party.
• 2:58:07
  I'm going to find you have pleaded guilty in each of these
• 2:58:11
  two cases. So in 25 CR 381 and 382, illegal
• 2:58:17
  possession and use of credit to debit card abuse and a second
• 2:58:23
  degree felony and the third degree felony of forgery of
• 2:58:26
  financial instrument. You have pleaded guilty in each
• 2:58:29
  of these felonies voluntarily. You are mentally confident to do
• 2:58:33
  so. You understand and appreciate
• 2:58:34
  the consequences of pleading guilty.
• 2:58:36
  There is sufficient evidence supporting your guilty plea from
• 2:58:38
  State's Exhibit 1, admitted in each of these cases to find you
• 2:58:41
  guilty beyond a reasonable doubt.
• 2:58:44
  I now find you guilty beyond a reasonable doubt in each of
• 2:58:47
  these cases. I am following these agreements.
• 2:58:50
  You were hereby sentenced to confinement in the Institutional
• 2:58:54
  Division of the Texas Department of Criminal Justice to serve a
• 2:58:57
  term of four years. These two sentences shall run
• 2:59:01
  concurrently, and I hope that's that your mother is able to get
• 2:59:10
  the help that she needs from other members of the family, the
• 2:59:14
  eight other siblings, because you have failed her responsibly.
• 2:59:21
  You have failed the by following failing to follow the rules of
• 2:59:26
  law and by continuing to victimize other people.
• 2:59:31
  Shame on you and I wish the very best for her.
• 2:59:37
  I know reared you better than you have acted over these 13
• 2:59:43
  convictions for 20 some odd years.
• 2:59:50
  Anything else to add? That is all we're in the says on
• 2:59:52
  this tennis. Thank you, dear Smith.
• 2:59:55
  Thank you, Doctor. Isn't that sweet?
• 3:00:02
  He gave her a kiss before he got let off.
• 3:00:06
  I have so much to say. Welcome to the 4th hour, also
• 3:00:11
  known as TCF Overtime. Good to have you all here.
• 3:00:14
  If you want to sound off on anything we've seen here today
• 3:00:18
  or anything else, as long as it's at least somewhat law
• 3:00:22
  related and you are a channel member, go to the Discord under
• 3:00:25
  the Member Announcements section and you'll find a link to join
• 3:00:28
  me here today for the 4th hour. Couple of things.
• 3:00:36
  First off, Stevens announced a new word that I wasn't aware of
• 3:00:43
  and that's Christianically. I feel like that should be
• 3:00:46
  merge. He comes up with some
• 3:00:48
  interesting stuff sometimes. Hadn't heard that one before.
• 3:00:54
  And he said at the end that, you know, something to the I'm
• 3:01:01
  paraphrasing with some of the effect of your mom raised you
• 3:01:04
  better than that. No, clearly not.
• 3:01:10
  You know, people make their own choices for sure.
• 3:01:14
  But something went wrong in the upbringing of that person that
• 3:01:21
  he turned into this. And some of that is on her.
• 3:01:25
  And I'm not trying to, you know, sit here and just pile on a
• 3:01:29
  woman who's dying of cancer. That's sad.
• 3:01:32
  But two things can be true at once.
• 3:01:34
  She can be dying of cancer and she could have raised a bad
• 3:01:38
  child. Clearly she raised a bad child.
• 3:01:42
  She's got some hand in what happened here today, either
• 3:01:46
  through her actions or through the omission of actions, Barbara
• 3:01:51
  says in the chat. No father present.
• 3:01:53
  That's also a problem, but also, at least in part, it has to be
• 3:01:59
  on her because she either chose the wrong man or she failed to
• 3:02:03
  keep a good man in the house or something.
• 3:02:06
  I don't know. But there's a failure.
• 3:02:08
  She's partially responsible, and that leads to part of what we
• 3:02:13
  had today. So with those couple of things
• 3:02:17
  said, I made three different points that I want to go through
• 3:02:23
  regarding this case. And then afterwards, I actually
• 3:02:26
  have two court related stories out of the Dallas Fort Worth
• 3:02:32
  area that I wanted to dig into here in this 4th hour.
• 3:02:34
  There aren't things that we've covered here on the channel, but
• 3:02:37
  I find them interesting and worth talking about.
• 3:02:40
  And again, if you want to join me, feel free to hop on stage.
• 3:02:42
  The link is in the discord if you're a channel member.
• 3:02:46
  The first thing I want to do is Stevens mentioned something
• 3:02:50
  during this about putting others before yourself.
• 3:02:57
  And this is very much a lost art in our society right now.
• 3:03:00
  And we see it in the courts all the time where people are
• 3:03:04
  clearly making choices that aren't in the best interest of
• 3:03:09
  others, let alone the best interest of themselves.
• 3:03:13
  But there should be a hierarchy to things.
• 3:03:16
  And I'm going to give you my hierarchy.
• 3:03:19
  And it's based on the fact that I'm a person of faith, But the
• 3:03:22
  first thing I need to be is a Christian.
• 3:03:25
  Then after that I need to be a husband, and then after that I
• 3:03:28
  need to be a father. And then after that I'm a
• 3:03:31
  businessman. So I think he mentioned
• 3:03:35
  something about you should be the last in the line of things.
• 3:03:40
  And I wholeheartedly agree with that.
• 3:03:43
  Out of Judge Stevens. He had that right.
• 3:03:46
  And you'll notice too that I listed husband above father.
• 3:03:52
  And the reason why I did that is that if your marriage is not
• 3:03:57
  right, then your children will suffer for it.
• 3:04:01
  And I'm raising my hand and telling you I am on my second
• 3:04:05
  wife right now. I am a person who was divorced
• 3:04:07
  many, many years ago. A marriage that did not work
• 3:04:10
  because it's a marriage that probably shouldn't have happened
• 3:04:12
  in the 1st place. But we did it, and I failed to
• 3:04:17
  hold it together. She failed to hold it together,
• 3:04:19
  and our children suffered for it.
• 3:04:21
  So I learned through my own choices that being a proper
• 3:04:28
  spouse has to come before being a parent.
• 3:04:32
  There's a hierarchy to it. And before I can do any of that,
• 3:04:35
  I have to be right with God. Now you can.
• 3:04:39
  If you're not a person of faith, you find your own path there.
• 3:04:41
  But I'm telling you as one who is that that has to take
• 3:04:45
  precedence over everything else, because if that isn't right,
• 3:04:47
  than none of the other things below that work.
• 3:04:50
  But we see so often in our courts as we we watch these
• 3:04:55
  hearings and it's universal. It's doesn't matter where we go.
• 3:05:00
  We see the same thing. We see people making choices
• 3:05:05
  that put themselves and their own needs and their own desires
• 3:05:11
  and their own selfish nature above everything and everyone.
• 3:05:16
  And that's exactly what's happened here with this with
• 3:05:19
  this guy, clearly, because he's put himself in front of others
• 3:05:28
  all the time. And that really bothers me
• 3:05:31
  because he's also supposed to be this caregiver, right?
• 3:05:34
  Which brings me to my second point about being a caregiver.
• 3:05:39
  I've spent most of my adult life caring for other people.
• 3:05:45
  I looked after my father, helped looked after him, my wife's
• 3:05:51
  father, my mother, my wife right now because of her various
• 3:05:56
  issues, most of my adult life looking after other people.
• 3:06:01
  You know what I didn't do during that time at all?
• 3:06:05
  I didn't go out committing felony after felony after
• 3:06:08
  felony. It doesn't.
• 3:06:13
  You know, it's frustrating to me as somebody who has tried to do
• 3:06:18
  it right the whole time. And yes, I've had missteps and
• 3:06:21
  failed because everybody does. But you keep trying to do it
• 3:06:25
  right. We're clearly this guy is not
• 3:06:28
  trying to do it right whatsoever.
• 3:06:31
  And you know, once again, he's going to, you know, go off to
• 3:06:36
  prison for it. And his mother will probably be
• 3:06:39
  gone by the time he gets out, which is unfortunate.
• 3:06:41
  But but it's almost insulting to watch people behave like this,
• 3:06:48
  to watch people act like this as somebody who has spent their
• 3:06:52
  entire life trying to do it the right way.
• 3:06:55
  And I, I hate the excuses that I see from people about how they
• 3:07:02
  can't do it the right way or if they got this problem or that
• 3:07:04
  problem, you know, I just don't buy it.
• 3:07:08
  I suppose this might lead into a little bit of what we're talking
• 3:07:10
  about on sidebar tonight, because on sidebar tonight,
• 3:07:13
  we're talking about leniency for people who basically commit a
• 3:07:20
  crime out of necessity, for lack of a better way to put it in the
• 3:07:24
  moment. But I don't know, he might think
• 3:07:28
  that his crimes are crimes of necessity where he's short on
• 3:07:31
  money so he's got to go steal somebody's credit card or
• 3:07:33
  something like that, but it's clearly not.
• 3:07:35
  He's just a bad dude. And it really bothers me.
• 3:07:40
  I hate it when people act a fool when they're supposed to be
• 3:07:45
  taking care of others around them.
• 3:07:48
  And the one thing I will say is that through this journey of
• 3:07:53
  caring for other people, we've had some very good times and
• 3:07:56
  we've had some very tight times. But if you keep doing what
• 3:08:01
  you're supposed to be doing, some way or another, things get
• 3:08:05
  sorted out. Things get figured out.
• 3:08:08
  It can be dicey and uncomfortable, but you'll figure
• 3:08:12
  your way through if you do the right things.
• 3:08:15
  I I just wish more people would understand that I stole your
• 3:08:22
  main point for tonight. Well, you can, you can restate
• 3:08:26
  it, Lindsay. You can restate it because we'll
• 3:08:31
  have a different audience tonight.
• 3:08:34
  The Third Point I wanted to make was just this whole concept of
• 3:08:40
  I, I call it going career. This is yet another defendant
• 3:08:45
  that we've seen that's really just kind of gone career on us
• 3:08:50
  it's and we see so much of this too.
• 3:08:53
  But so my notes say 13 total convictions across 3 states,
• 3:08:58
  Texas, Georgia and California. Nine of the 13 were felonies.
• 3:09:03
  He's been, he's been tagged with such wonderful things as theft,
• 3:09:07
  assault, fleeing police, stolen credit card, all well, he's got
• 3:09:13
  an ailing parent. He's supposed to be taken care
• 3:09:14
  of. But I, I had several thoughts on
• 3:09:22
  this. First off, I call it going
• 3:09:24
  career because at this point it is a career.
• 3:09:26
  You're spending so much time and so much energy on being a
• 3:09:30
  criminal. It's a full time job between the
• 3:09:33
  preparation, the, the execution and then the punishment.
• 3:09:38
  It's your life. It's it's a full time gig and
• 3:09:42
  it's it's baffling to me. It would be easier and more
• 3:09:48
  profitable in the long run to go flip burgers somewhere.
• 3:09:52
  It really would. You're not getting ahead doing
• 3:09:55
  this stuff. Nobody ever comes out of this
• 3:09:59
  successfully. It doesn't work.
• 3:10:01
  Sooner or later it catches up. Wahoo, good to see you.
• 3:10:07
  So I don't we the more court we watch, the less I understand it
• 3:10:14
  where you see these people just over and over and over again and
• 3:10:17
  they just keep going through the system.
• 3:10:21
  But then our system is also set up to let them do it.
• 3:10:27
  You know, we were talking in the pre show regarding another
• 3:10:31
  matter, but we rolled around to the concept of judges and how
• 3:10:36
  yes, there are activists on both sides, but so often the judges
• 3:10:39
  hands are tied with the rules that they have to play under
• 3:10:42
  that are set by their legislatures.
• 3:10:44
  And because of that we get these sentencing guidelines and and
• 3:10:51
  whatnot that keep releasing these people out into the world.
• 3:10:55
  Great Granny, good to see you too.
• 3:10:58
  That keep repeat releasing these people out and then it's a, you
• 3:11:01
  know, rinse and repeat situation.
• 3:11:03
  We see them back again and back again and back again.
• 3:11:06
  So when we have them in custody, we're not reforming them, but
• 3:11:09
  then we cut them out. So they do the same thing.
• 3:11:11
  And this guy for all he's done, what was it supposed to be a 20
• 3:11:17
  year Max, but they pled it down to four.
• 3:11:19
  So he's going to go do his four years and I will bet you dollars
• 3:11:28
  to Donuts that he will be back in front of a judge somewhere
• 3:11:34
  shortly after he gets out because that's what he knows.
• 3:11:37
  Because the system ain't going to fix them.
• 3:11:39
  The system's going to punish them a little bit and keep
• 3:11:42
  kicking them out to go do it again because his his parents
• 3:11:46
  didn't raise them right, That's for damn sure.
• 3:11:49
  And look, everybody falls short. I have, I'm willing to bet all
• 3:11:57
  of you have. We've done things that we are
• 3:11:59
  not proud of, whether we've been caught or not.
• 3:12:03
  We've done some stuff and I can understand that.
• 3:12:08
  I can understand one bad choice, even 2 bad choices.
• 3:12:13
  I can't understand 13. I just can't.
• 3:12:17
  If it was his first time in front of the judge and he, he
• 3:12:25
  was saying, look, I made a mistake and the judge gives him
• 3:12:28
  a probation or whatever, I can see that because people do make
• 3:12:34
  stupid choices sometimes. Again, I have, I'll admit to it,
• 3:12:37
  you know, I'm, I'm a, I'm a fool from time to time as I think we
• 3:12:41
  all are. But the repeated pattern is just
• 3:12:46
  madding to me. And again, it's, it's, it's like
• 3:12:49
  going career, but the system allows career to happen.
• 3:12:53
  You know, how is this? How is this guy not a three
• 3:12:57
  strikes? I, I don't know, but I don't
• 3:12:59
  know what the three strikes law is or how it's written or if it
• 3:13:03
  even exists in Texas. I believe it does exist, but I
• 3:13:05
  think it has to be like worst stuff.
• 3:13:09
  But isn't this bad enough? I mean, how many lives has this
• 3:13:13
  guy ruined between his thefts and his assaults and his
• 3:13:18
  stealing of a credit card and using it and his own family?
• 3:13:25
  Does not make sense to me. Let me catch up with you in the
• 3:13:29
  chat here a second, Lindsay. Not religious, not religious,
• 3:13:35
  but I do have a higher power that I make sure I'm right with,
• 3:13:39
  mostly for sobriety. If I don't say, stay sober, I
• 3:13:42
  fail the other roles down the list.
• 3:13:44
  Exactly. There's a priority to things,
• 3:13:46
  isn't there, Lindsay? Certain things have to be right
• 3:13:49
  for you to have other things be right and some some people just
• 3:13:54
  don't get it and they put themselves before others and the
• 3:13:58
  next thing you know they go career with their criminality.
• 3:14:04
  They need to be more Christianically sound to use
• 3:14:07
  Stevens word. Charles says.
• 3:14:12
  One thing to moderate this feeling you have is that you're
• 3:14:16
  way more likely to see the failures than the offenders who
• 3:14:19
  are 1 and done. Fleischer pointed this out in an
• 3:14:22
  interview once. Fair enough, granny.
• 3:14:28
  Our judicial system is so mucked up that the perps have No Fear
• 3:14:31
  of doing any substantial jail time, which allows them to do,
• 3:14:35
  like you say, repeat over and over.
• 3:14:39
  Charles, Texas has a three strike thing, but only the most
• 3:14:43
  serious felonies trigger mandatory life.
• 3:14:45
  It's also a lot more vague than states like California or
• 3:14:49
  Washington. I don't know that a three strike
• 3:14:55
  should have to trigger life then, Charles.
• 3:14:57
  Perhaps it triggers like a 20 year or something like that.
• 3:15:02
  Something to really get the message across, something to get
• 3:15:05
  somebody off the street at least for a decent amount of time.
• 3:15:10
  And the fingers and toes crossed hopes that somehow they see the
• 3:15:12
  light. Although we know that so many
• 3:15:15
  just get worse in prison. But still, he ain't getting
• 3:15:19
  better out on the street. Again, 13 convictions, 9 of them
• 3:15:24
  felonies, many of them while his mother is dying of cancer.
• 3:15:30
  But also, I, I said it earlier and I'll stand by it.
• 3:15:32
  The mother's got a role in this. She failed to raise a good son.
• 3:15:37
  The father failed to as well, either by not being there or
• 3:15:40
  whatever. That tends to be more like what
• 3:15:45
  happens in Texas. Certain habitual offender rules
• 3:15:47
  trigger a 25 year minimum. Well, I'm glad they have that.
• 3:15:51
  But quite honestly, Charles, this probably should have
• 3:15:53
  triggered a 25 year minimum as well because he keeps thieving,
• 3:15:58
  he keeps assaulting, he keeps fleeing police.
• 3:16:01
  These things happen. But you know, he'll, he's
• 3:16:05
  sentenced to four, he'll get good time, do somewhere around
• 3:16:07
  3, something like that, and he'll be right back.
• 3:16:12
  Maybe without his mother now, unfortunately, but he'll be
• 3:16:14
  back. It's just only certain felonies
• 3:16:21
  count towards that. And DAS tend to plead things
• 3:16:23
  down below that threshold. Well, yeah.
• 3:16:25
  We've talked at length on this channel between the regular show
• 3:16:29
  and the pre show and sidebar and everything else about the
• 3:16:32
  concept of all of these deals being cut and is it really the
• 3:16:37
  best thing for our justice system?
• 3:16:42
  And it's probably not in the same respect.
• 3:16:46
  They're so backlogged that they have to do it.
• 3:16:49
  And if they view it as a win, you know, it's one more tick in
• 3:16:52
  the win column. When it comes time for the DA to
• 3:16:55
  be re elected, he can say he's got, you know, a he or she can
• 3:16:59
  say they've got a 95% conviction rate.
• 3:17:04
  But 99% of those 95% are just deals that are cut.
• 3:17:08
  But people don't look at that. But this kind of leads back to
• 3:17:15
  what I've talked about so many times and you go to the
• 3:17:18
  hierarchy of things. For me, it's crisp, Christian,
• 3:17:22
  husband, father, YouTube businessman, Those things at the
• 3:17:26
  very end. So me, me at the very end, if
• 3:17:32
  you're not right in your heart and you're not a good spouse and
• 3:17:36
  then becoming a good parent, all the things below that break,
• 3:17:41
  which is how we keep making people who go out and do these
• 3:17:44
  things. We're not making good families.
• 3:17:47
  We're not being good enough people.
• 3:17:49
  We're not modeling that behavior to the next generation.
• 3:17:52
  And it just keeps getting worse and worse until everybody's
• 3:17:54
  acting a fool. The courts are backed up.
• 3:17:57
  Doesn't have to be this way. We make the choice for it to be
• 3:17:59
  this way. We make the choice to be bad
• 3:18:03
  people and have a bad society because we're not taking the
• 3:18:07
  steps to make a better one. It's just that simple.
• 3:18:12
  And you know, the more and more court that we watch here, the
• 3:18:15
  more and more I believe it. Call me being radicalized to it,
• 3:18:19
  I suppose, whatever, but it's the truth.
• 3:18:22
  I mean, we're just more laws and more judges aren't going to fix
• 3:18:28
  what we've got. This would have been fixed if he
• 3:18:31
  was raised better. That would have been the start.
• 3:18:34
  And if he made a mistake or two along the way, even raising the
• 3:18:37
  best, that's going to happen. You're going to make a bad
• 3:18:39
  choice. But you realize it right away.
• 3:18:43
  And you go, yeah, that was a bad choice.
• 3:18:44
  I know better. I was.
• 3:18:45
  Mama raised me better than that. And you go and as Stevens likes
• 3:18:49
  to say, and you fix it. It's fixable.
• 3:18:52
  This guy, what he's done is beyond fixing.
• 3:18:55
  It's now to the punishment stage, the retribution for it.
• 3:19:00
  But even that isn't great, is it?
• 3:19:02
  You know, four years, probably out and around 3.
• 3:19:04
  I don't know. If you have thoughts on that,
• 3:19:06
  feel free to call in, chime in, let me know that I've lectured
• 3:19:11
  for 20 minutes now. It's probably enough.
• 3:19:14
  But I do have two stories that I want to get into.
• 3:19:20
  Wahoo. I'm not trying to butter you up,
• 3:19:22
  Dan, but I've said similar things for years.
• 3:19:25
  Consequences are part of decisions.
• 3:19:26
  Yes, they are. Yes, they are.
• 3:19:30
  I try not to be preachy here at TCF, but I'm very often preachy
• 3:19:34
  because I'm not scared about what I think and what I believe.
• 3:19:37
  And I'm going to let you know, and I believe that we're just
• 3:19:41
  not making good enough people. And they make bad decisions, bad
• 3:19:47
  choices. There are consequences to it,
• 3:19:49
  but it's a snowball effect and I'm not smart enough to know how
• 3:19:54
  to reel it in. But somebody needs to figure it
• 3:19:56
  out because it needs to be reeled in something fierce.
• 3:20:01
  All right, so there's two stories that I found that are
• 3:20:06
  out of the. The state of Texas in the Dallas
• 3:20:09
  Fort Worth area that I found interesting that I'd like to get
• 3:20:12
  into because they're not things that we'd necessarily cover on
• 3:20:15
  the channel because we don't have, we don't have a court
• 3:20:19
  there that streams to be able to give us this.
• 3:20:23
  But this one was in Fox News a day or two ago.
• 3:20:26
  Caught my attention. Texas couple labeled fake chip
• 3:20:29
  and Joanna Gaines admits $5,000,000 dream home renovation
• 3:20:33
  scam. So here we go again with
• 3:20:37
  financial stuff. We saw, you know, obviously we
• 3:20:40
  saw a financial kind of stuff with this guy in Stevens court.
• 3:20:43
  Later today, a Judge Anselone video gets posted from a live
• 3:20:48
  last week where she had somebody who was being sentenced for
• 3:20:54
  embezzlement from the PTO and Kiwanis as I recall.
• 3:21:00
  But in this case, the Texas couples pleaded guilty to
• 3:21:02
  federal charges after prosecutors revealed they used
• 3:21:05
  social media to defraud homeowners of nearly 5 million
• 3:21:08
  under the guise of custom homes and renovations, according to
• 3:21:14
  the US Attorney's Office for the Northern District of Texas.
• 3:21:16
  Christopher and Raquel Judge That's Funny name for this, A
• 3:21:21
  married couple from Fort Worth admitted to carrying out an
• 3:21:24
  elaborate scheme to deceive customers through their home
• 3:21:26
  renovation business. Judge DFWLLC That's too many
• 3:21:30
  letters. Needed a cleaner name between
• 3:21:34
  August 2020 and January 2023, so they pulled this off for what, 2
• 3:21:40
  1/2 years? Pair build themselves as a one
• 3:21:44
  stop shop for custom home architecture, interior design
• 3:21:48
  and construction services. Luring customers through social
• 3:21:51
  media to advertise their businesses.
• 3:21:54
  To advertise their business rather, while falsely claiming
• 3:21:57
  Christopher was an experienced architect.
• 3:22:03
  That's the hard thing to fake. I mean, I would be like, if I've
• 3:22:07
  got an architect in front of me, I'd be like, give me a sample of
• 3:22:09
  your designs and then I'd give him something and be like, draw
• 3:22:12
  this out for me real quick on this napkin and see if it looks
• 3:22:15
  even halfway legit quote. They came out to the house,
• 3:22:19
  really pitched themselves like Chip and Joanna Gaines type of
• 3:22:22
  vibe, Lane Lane Simmons, one of Judge's clients, told at WFAA.
• 3:22:28
  Federal prosecutors revealed that the couple would present
• 3:22:30
  clients with below market bids to secure building contracts
• 3:22:34
  before starting projects They never finished and ultimately
• 3:22:37
  left victims with incomplete residences.
• 3:22:41
  Pro tip, if you're getting below market bids, that's a warning,
• 3:22:47
  not a hey, I found something really cool.
• 3:22:51
  That's a let's stop and really do our due diligence moment in
• 3:22:57
  the town of Runaway Bay. Christopher Judge reportedly was
• 3:22:59
  slapped with a total of 424 citations for code enforcement
• 3:23:04
  violations, which ultimately led the FBI taking up the case.
• 3:23:08
  So here's the question, why did it take 424 citations before it
• 3:23:14
  finally got the attention of a law enforcement agency who could
• 3:23:20
  really do something about it? Wouldn't 100 be enough?
• 3:23:25
  Wouldn't 50 be enough? That's a lot of code violations.
• 3:23:30
  That's crazy. That clearly speaks to somebody
• 3:23:33
  who doesn't know what they're doing.
• 3:23:35
  So at the very least, even if you weren't going to pursue them
• 3:23:39
  legally through like some kind of law enforcement, I would
• 3:23:44
  think at the very least you ought to be able to shut them
• 3:23:46
  down. Nuts.
• 3:23:51
  There were families whose kids did not get Christmas for a year
• 3:23:53
  to Kaylee Simmons, another victim of the judges told FOX 4.
• 3:23:58
  There were families that filed bankruptcy.
• 3:24:00
  Plea documents indicate the judges defrauded over 40 victims
• 3:24:03
  throughout 6 Texas counties involving at least 24 different
• 3:24:07
  construction projects. That's a lot.
• 3:24:13
  Court documents officers showed the pair commingled victims
• 3:24:16
  payments in their primary business account, often pulling
• 3:24:19
  installment payments from individuals to fund unrelated
• 3:24:22
  construction projects, amassing a total of around 4.8 million in
• 3:24:27
  losses. Federal prosecutors say the pair
• 3:24:31
  then spent the money on mortgage payments, living expenses and
• 3:24:34
  even plastic surgery. Way to go.
• 3:24:37
  Well, they're not even old. What do they need plastic
• 3:24:39
  surgery for? That's the picture of them right
• 3:24:43
  there. These are not old people.
• 3:24:44
  They don't need plastic surgery. Old people don't need plastic
• 3:24:49
  surgery. Embrace who you are unless
• 3:24:53
  you've got some kind of injury. I'm just saying this is my view.
• 3:24:56
  You might see it different quote.
• 3:24:59
  You just need to be careful about who you give money to,
• 3:25:02
  Roper, a former US attorney at the north of the District of
• 3:25:04
  Texas, told FOX 4. If it's too good to be true,
• 3:25:06
  it's probably not true. That's what I just said.
• 3:25:10
  Stop stealing my line, guy. Last month, Christopher Judge
• 3:25:14
  pleaded guilty to conspiracy to commit wire fraud and faces up
• 3:25:17
  to 20 years behind bars in the federal prison.
• 3:25:21
  Raquel Judge also pleaded guilty to 1 count of conspiracy to
• 3:25:24
  commit wire fraud, which has a maximum sentence of five years.
• 3:25:28
  They always run to the wire fraud because it's the easy one
• 3:25:30
  for them to work with. I don't know.
• 3:25:43
  I don't know, Michael. Do you know Daniel?
• 3:25:52
  Hi. I'm sorry, I was I was reviewing
• 3:25:55
  5000 for some eye lifts. Let's see.
• 3:26:00
  I'm just going over some plastic surgery that it's so stupid.
• 3:26:06
  What is? How does it take over 400
• 3:26:09
  citations? That's what I wanted to I'm
• 3:26:12
  going to go on Seinfeld. How does that happen?
• 3:26:15
  Why are you doing that? But why?
• 3:26:18
  Like it doesn't make any sense. Like how how does it take 400?
• 3:26:21
  See, this is you know what, Dan? You know, I'm going to well, I'm
• 3:26:26
  going to agree and yet disagree at the same time, you know, OK,
• 3:26:29
  so in Judge Stevens court, we we have this lady, right?
• 3:26:31
  This, this mother who I think it sounds like she went over 9 with
• 3:26:35
  9 strikeouts with her kids. That's that's not good.
• 3:26:38
  That's not a good batting average, not a good day at the
• 3:26:40
  plate. I'm not even sure if all nine
• 3:26:43
  were hers. That was not clear.
• 3:26:45
  Yeah, at first it seemed like they weren't.
• 3:26:47
  Then she kind of acquiesced and said they were, which I I have
• 3:26:51
  no idea. That was more confusing.
• 3:26:54
  I, I was like, I had no idea. I needed like a, a road map.
• 3:26:59
  I needed I needed a manual, I needed a flow chart for that
• 3:27:03
  case. I don't know what was going on
• 3:27:06
  at that point. She probably needs that.
• 3:27:08
  I'm willing to bet there is. There is a wall in their home
• 3:27:12
  with a bunch of pictures and a whole bunch of strings and tacks
• 3:27:15
  trying to connect everybody. And I mean what I how I I'm.
• 3:27:25
  I'm just confused, all right, so, but, but so, OK, so, so you
• 3:27:28
  know, you say, well, at some point it's really her fault
• 3:27:31
  because and, and the fact that the father probably went out for
• 3:27:34
  a pack of smokes in in 1997 and never came back or whatever.
• 3:27:40
  You know, a lot, a lot of that going on.
• 3:27:42
  But it's sort of the same thing with the government, with the
• 3:27:47
  justice system. All right, at some point, I
• 3:27:52
  don't even blame the criminals anymore.
• 3:27:55
  Look, Dan, if you go out and rob a bank and nothing happens to
• 3:27:59
  you, you're going to go out and rob another bank.
• 3:28:03
  Why wouldn't you? It's.
• 3:28:04
  Free money, you're going to do it and you're going to get away
• 3:28:06
  with it. Why wouldn't you?
• 3:28:08
  I mean, OK, maybe not you personally because you have
• 3:28:10
  some, some morality to you, but I mean, in general, if, if, if
• 3:28:14
  there's just a pile of something, money or goods or
• 3:28:17
  whatever, just sitting there, you take it, you do whatever
• 3:28:21
  you're going to do and the, and the system says to you, Hey,
• 3:28:23
  that wasn't very 9th and that's the end of it.
• 3:28:27
  Well, you're going to do it again because why wouldn't you?
• 3:28:31
  A law? I wouldn't do it again because
• 3:28:33
  I've got some financial sense. So if it was a good enough haul,
• 3:28:36
  I would take that money, I would invest it properly and I would
• 3:28:40
  live off the dividends. But that's me.
• 3:28:43
  But that's but I mean, but The thing is, it's like if if
• 3:28:47
  there's no consequence to something, if they just if it's
• 3:28:51
  like a guideline, Hey, you probably shouldn't do this, but
• 3:28:55
  you do it anyway and nothing really happens to you.
• 3:28:58
  OK, Yeah. Finally after the 90th theft,
• 3:29:00
  this guy is is going to to to prison for four years.
• 3:29:06
  I don't know, Still seems like a pretty good return on his
• 3:29:08
  investment, you know, still seems like, you know, still
• 3:29:12
  seems like it worked out pretty good for him because he got away
• 3:29:15
  with a lot of stuff for a long time.
• 3:29:17
  And now that only now is facing the consequences.
• 3:29:21
  I don't blame him. I mean, yeah.
• 3:29:23
  OK, OK, thug and you want to label them whatever you want to
• 3:29:26
  label them cool. But the system sucks.
• 3:29:31
  It's the system that allowed that to happen.
• 3:29:33
  Just like a parent that goes over for 9 with 9 strikeouts on
• 3:29:36
  their kids dying of cancer and none of your kids want to help.
• 3:29:40
  OK, Oh, for eight with, you know, and then like the 9th at
• 3:29:45
  bat, you kind of grounded out. I mean, you know, with a kid
• 3:29:49
  that wants to help you, but oh, that kids is the felon.
• 3:29:55
  Like what? Well, we don't.
• 3:29:57
  We don't know the status of the other eight.
• 3:29:59
  They might be super felons for all we know.
• 3:30:01
  They might. They could be.
• 3:30:03
  Well, well, he was. He was the best one.
• 3:30:07
  All he did was theft. The others are in for AG
• 3:30:09
  robbery, child stuff. Yeah, I.
• 3:30:15
  Mean. We don't.
• 3:30:15
  Know they only stole things and the only reason he was stealing
• 3:30:19
  stuff was to pay for you know, some of my cancer treatments and
• 3:30:22
  you know possibly because he wanted an Xbox or three.
• 3:30:26
  I mean, you know we we laughed but this is a real possibility
• 3:30:30
  because it was never cleared up exactly why the other eight
• 3:30:33
  weren't helping. Many truths are said in jest,
• 3:30:36
  Dan. I mean, that's, that's the
• 3:30:37
  thing. This, this is I, I am perplexed
• 3:30:42
  by how this has played out. I am baffled.
• 3:30:48
  And again, I, I, as much as I want to come down on him and you
• 3:30:51
  know, we, we in the chat, we're like, ah, this guy sucks or this
• 3:30:54
  guy's whatever. But no, the system that allows
• 3:30:59
  that to happen is the problem and not the, not necessarily the
• 3:31:03
  criminal. Criminals are born because of
• 3:31:05
  that. You know, there is something to
• 3:31:07
  be said. No, I'm not a death penalty
• 3:31:09
  person because to me, you know, I just don't a it's not a
• 3:31:15
  deterrent. I mean, it's just, it's time and
• 3:31:17
  time and again, it's just been proven it's not a deterrent.
• 3:31:20
  You know, it doesn't stop people from doing things and to, you
• 3:31:26
  know, our system sucks. So you can't just once you kill
• 3:31:30
  someone, you can't bring him back.
• 3:31:33
  And I hate to say it, but innocent people do find
• 3:31:36
  themselves on the business end of the death penalty.
• 3:31:39
  And that that sucks when that happens.
• 3:31:42
  Funny you bring that up. That's the other story that
• 3:31:45
  we'll be going to if we have time.
• 3:31:47
  Oh, well, yeah, I, I mean, I actually like to hear that
• 3:31:49
  because, yeah, we should probably delve into that.
• 3:31:51
  But but I, I, my, my thinking on this is, you know, if the
• 3:31:59
  justice system is this bad, why, you know, I, that's why I
• 3:32:03
  wouldn't want a death penalty, you know, but there does need to
• 3:32:08
  be teeth to the system. I'm not saying that particular
• 3:32:12
  tooth, maybe that's the wisdom tooth that you have removed, but
• 3:32:17
  the rest of it, I mean, you should have enforcement.
• 3:32:19
  It should be strict. It should be, but it should be
• 3:32:21
  even handed. It should be fair, but it should
• 3:32:24
  also act as a deterrent. And if it can't act as a
• 3:32:27
  deterrent or means of rehabilitation, then it needs to
• 3:32:29
  just act as, as something punitive if it can't do anything
• 3:32:32
  else, You know, I mean, I'm sorry, but 10 thefts or
• 3:32:37
  whatever, 1313 convictions, I mean, at some point.
• 3:32:41
  You got to lay. Down the hammer and you know,
• 3:32:43
  you and I talk about this and I'm not you know I'm not the law
• 3:32:47
  and order we got to you know I'm not going to stand up here and
• 3:32:50
  scream and yell that I think rehabilitation should always be
• 3:32:54
  the first path in prison unless it's for you know, stuff that we
• 3:32:58
  talk about that can't be rehabilitated.
• 3:33:01
  But at some point, 13 times, you know, you ain't rehabilitating,
• 3:33:08
  you know, come on. And why should you?
• 3:33:11
  Why should you rehabilitate if the system says?
• 3:33:14
  You are a bad. Boy, stop it.
• 3:33:16
  Just knock that off. Knock it, Dylan, stop that.
• 3:33:20
  I'm going to turn this this cord around.
• 3:33:22
  You know it gross Well, at at best.
• 3:33:26
  That's how he was raised. Well, and then there's that
• 3:33:33
  look, sometimes, Dan, look, sometimes you do your best to
• 3:33:35
  raise your kids. You do everything that you
• 3:33:38
  possibly can. You do what you think is right.
• 3:33:41
  You try to instill some sense of morality and and do everything
• 3:33:45
  that you can. And sometimes they still turn
• 3:33:46
  out to be assholes. I mean, it just happens.
• 3:33:49
  You know, it does no matter, I'm not going to disagree with that
• 3:33:53
  because you know, I've, I've got a couple of adult children who
• 3:33:57
  they're not out committing felonies, thank God, but I don't
• 3:34:00
  think they're, they're quite as good as they should be.
• 3:34:03
  So despite what I've, what I taught them.
• 3:34:06
  So I agree with you on that point, but but you at least got
• 3:34:12
  to try. And unfortunately, I think so
• 3:34:15
  many parents, they just don't even try.
• 3:34:17
  You know, I, it's, it's 2 ends of the spectrum.
• 3:34:20
  It's like you have them because they're an accident and you
• 3:34:24
  don't particularly care. So you'll just collect them the
• 3:34:27
  money you can get from the government because you've got
• 3:34:28
  them or the other side where you have them for a status symbol.
• 3:34:34
  Yes, either one of those does not work.
• 3:34:39
  You have to have your children because you want them.
• 3:34:41
  You have to have them because you want to continue with your
• 3:34:45
  family's legacy and build a new generation and put in the work.
• 3:34:51
  And yeah, there is a certain amount of you're still crossing
• 3:34:53
  your fingers, I'll I'll admit to that.
• 3:34:55
  Yeah, but as you put it, this lady's O for 9 or O for 92 or
• 3:34:59
  however. Many she.
• 3:35:00
  Got yes, Yeah. And, you know, my dad's thing
• 3:35:03
  was he just, he wanted, you know, his kids to just do a
• 3:35:07
  little better than he did. You know, his thing was I, I, I,
• 3:35:12
  I am raising you so to do better than me, you know, and he
• 3:35:18
  encouraged that, you know, and, and just my, you know, my mom,
• 3:35:24
  you know, you know, that was just kind of similar.
• 3:35:27
  She was, you know, a little tough at times, but certainly
• 3:35:32
  she was fair. And I thought my parents, again,
• 3:35:35
  not flawless, certainly made some mistakes.
• 3:35:38
  And you know, they got divorced when I was 14.
• 3:35:41
  But not once did they ever it was it a thing where it was
• 3:35:46
  about us like, you know, they it wasn't a situation where they
• 3:35:49
  pit one against the other or they were, you know, this kind
• 3:35:55
  of high conflict divorce. They just decided to amicably
• 3:36:01
  split and it sucked. I mean, you know, it was very
• 3:36:04
  difficult. It was, it was not a good thing
• 3:36:07
  obviously for the family and for whatever, but they, they, you
• 3:36:11
  know, I, I understood that. And of course, you know, we
• 3:36:17
  didn't turn out to be felons. My brother and I have combined
• 3:36:22
  for exactly 0 misdemeanors, felonies.
• 3:36:25
  I don't even think, well, I don't drive so that that helps,
• 3:36:28
  but I don't even think my brother has a traffic ticket.
• 3:36:31
  I don't think he does. He might have one, I don't know,
• 3:36:34
  maybe a long time ago. I I would kind of hope he he
• 3:36:38
  well, he shouldn't because he works for a dot.
• 3:36:40
  So that would be a little weird, but yeah, but you know, there's,
• 3:36:48
  there's circumstances there. But again, just because you have
• 3:36:51
  and and look, my childhood wasn't perfect, you know, but
• 3:36:54
  nobody's was, I guess. But I could never, I'm not going
• 3:36:58
  to sit there and go, well, that's because it wasn't
• 3:37:00
  perfect. I'm going to go out and commit
• 3:37:02
  felonies, you know, I know. So I don't understand that, that
• 3:37:08
  thought pattern. I really don't.
• 3:37:10
  Yeah. But it was a weird day in
• 3:37:11
  Stevens court anyway. It was it was 90% off discount
• 3:37:15
  on sentencing. Anyway, the other guy, the other
• 3:37:17
  one that we saw who had, who was facing a second degree felony, 2
• 3:37:21
  to 20 years, got it down to a Class A misdemeanor from
• 3:37:26
  burglary of a habitation to criminal trespass.
• 3:37:31
  Those are. 2. Pretty different things they
• 3:37:36
  are. And think about all those people
• 3:37:37
  he had who didn't show. Today was the day to show up.
• 3:37:42
  They missed. They missed the bargain
• 3:37:44
  basement. Yeah, man, Black Friday,
• 3:37:48
  nothing. Today was.
• 3:37:50
  It was, you know, it was, it was plea Tuesday.
• 3:37:56
  Slicer used to always say just show up.
• 3:37:58
  Good things will happen. And and that's so true.
• 3:38:01
  And you know, that's one of those, that's one of those
• 3:38:04
  things we talked about it on sidebar sometimes we talked
• 3:38:06
  about it in the chat, all that. It's the easiest thing you can
• 3:38:10
  do, the easiest things you can do, report on your probation,
• 3:38:13
  show up to court. It is not that's all you got to
• 3:38:18
  do really. And then from there, you can
• 3:38:20
  figure it out. So anyway, yeah, I don't want
• 3:38:23
  it. But you had some other story and
• 3:38:26
  I'm kind of interested in what that was.
• 3:38:28
  Do you want you want to hang around for that story?
• 3:38:30
  Yeah. Yeah.
• 3:38:32
  All right. Here.
• 3:38:33
  Long as you're here, let's go to that story.
• 3:38:35
  So that's. Yeah.
• 3:38:35
  Let's do it here. OK.
• 3:38:40
  So this is courtesy of CBS News. This is also out of the Dallas
• 3:38:44
  area. Dallas set to exonerate man
• 3:38:48
  wrongfully executed for murder 70 years ago.
• 3:38:52
  Wednesday's expected to be one of the most significant moments
• 3:38:54
  in history of the Dallas County Commissioners Court.
• 3:38:57
  Evidence will be presented and a resolution is expected to pass
• 3:39:00
  declaring that a man arrested for murder by Dallas police and
• 3:39:03
  later executed in the Texas death chamber was in fact
• 3:39:06
  innocent of the crime. What happened to Tommy Lee
• 3:39:09
  Walker in 1956 may seem like a long time ago, but it's never
• 3:39:12
  been forgotten in many Dallas's black by many in Dallas's black
• 3:39:16
  community. Looking into the eyes in a film
• 3:39:21
  from inside the Dallas courtroom, you can only imagine
• 3:39:24
  what is going through the mind of Walker.
• 3:39:26
  His unbroken stare into the camera appears to look for a
• 3:39:29
  reason and fairness that too often didn't exist in 1956.
• 3:39:34
  The said warden is hereby directed and commanded to pass
• 3:39:37
  and cause to be passed through the body of you, Tommy Lee
• 3:39:41
  Walker, a current of electricity sufficiently efficient to cause
• 3:39:43
  your death, the judge said. In the film, judge sentenced the
• 3:39:50
  21 year old to death in the electric chair for a murder that
• 3:39:52
  overwhelmingly evidence showed he didn't commit.
• 3:39:57
  It's not difficult to fathom what happened.
• 3:39:58
  They grabbed the first Negro they saw, Dallas County
• 3:40:01
  Commissioner John Wiley Price said.
• 3:40:05
  Price said that the period of the city's history was scarred
• 3:40:08
  by racial injustice. It was in the northwest.
• 3:40:12
  It was in northwest Dallas near Love Field in 1953.
• 3:40:15
  Love Field is tied to too many things.
• 3:40:17
  When a 31 year old woman was brutally murdered at night while
• 3:40:21
  walking to a bus stop, there were no witnesses, no evidence
• 3:40:25
  be left behind, just racial hysteria and unfounded claims
• 3:40:29
  that it was committed by a black man.
• 3:40:32
  The clan was basically rampant here, said Price.
• 3:40:35
  Walker lived across the town from the murder scene, near a
• 3:40:38
  park close to Baylor Hospital. He was among countless young
• 3:40:44
  black men rounded up for the questioning, with some in the
• 3:40:47
  white community demanding justice even at the cost of
• 3:40:49
  resting the wrong man. That's kind of what happened
• 3:40:52
  here, I guess, Price said. From all the evidence that has
• 3:40:55
  come to light, that's exactly what happened.
• 3:40:58
  You know what the real travesty was?
• 3:40:59
  Mr. Walker had an alibi. Nine people confirmed Walker's
• 3:41:04
  alibi on that night of the murder.
• 3:41:06
  He was with his pregnant girlfriend, who gave birth to
• 3:41:08
  their son the next day. Still, he was arrested four
• 3:41:11
  months after the crime. Walker said after the hours of
• 3:41:15
  threats and promises, he was coerced into giving a false
• 3:41:18
  convention that he immediately tried to recant.
• 3:41:21
  He professed his innocence to the judge after he was convicted
• 3:41:24
  and sentenced to death by an all white jury.
• 3:41:29
  I feel, I feel that I have been tricked out of my life, Walker
• 3:41:32
  said. There's a lot of other people
• 3:41:34
  who have been convicted for crimes they committed and were
• 3:41:37
  turned loose. I haven't did anything.
• 3:41:40
  I'm not being turned loose. Walker's funeral was attended by
• 3:41:43
  5000 people, and it's taken 70 years for Dallas to face the
• 3:41:47
  fact that in all likelihood, a terrible injustice was
• 3:41:50
  committed. So good on him, I suppose, for
• 3:41:56
  finally getting it right. Hold on, where'd you go?
• 3:42:03
  All right. I'm really good at pushing
• 3:42:04
  buttons. There we go.
• 3:42:07
  So I suppose it's good. I suppose it's good that they
• 3:42:09
  finally got it right. But, you know, we've seen all
• 3:42:13
  sorts of tales like this out of the South over the years.
• 3:42:17
  There's there is a documentary floating around YouTube.
• 3:42:23
  It's easy to find. Just search 14 days in May and
• 3:42:28
  that is about a guy named Edward Earl Johnson.
• 3:42:30
  I believe it was Mississippi. He was convicted of murdering a
• 3:42:37
  woman. He was executed in the gas
• 3:42:42
  chamber. All sorts of evidence after the
• 3:42:45
  fact has led to his not being guilty.
• 3:42:49
  The warden was so taken aback by the whole situation that he
• 3:42:55
  ended up retiring and becoming an opponent of the death penalty
• 3:43:00
  before he died. So just a lot of bad stuff.
• 3:43:04
  You were talking earlier, Michael, about you not being a
• 3:43:06
  pro death penalty person. I am not either.
• 3:43:09
  I used to be. But there's too much evidence
• 3:43:12
  out there that the government makes too many mistakes to trust
• 3:43:17
  them with that level of responsibility.
• 3:43:20
  Well, and I think that was going to be my point, Dan, because,
• 3:43:22
  you know, you and I have really never talked about this too
• 3:43:25
  much. But I, you know, it's one of
• 3:43:27
  those things. I don't know how you can ever
• 3:43:29
  really say I I'm anti government or I don't trust the government.
• 3:43:34
  And then at the same time someone says, well, I but I
• 3:43:37
  trust them to execute someone like the highest form of
• 3:43:41
  punishment. Like, you know, I know that
• 3:43:44
  there are people that do that a lot.
• 3:43:46
  And it's kind of strange that, you know, again, it's more
• 3:43:50
  people that tend to be in the anti government camp that then
• 3:43:56
  still want to trust law enforcement in the justice
• 3:43:58
  system to execute people, the government to execute people.
• 3:44:01
  And I, when I was younger, when I was, you know, 18/20/22, I
• 3:44:05
  used to, I used to be a fry them, you know, fry them all
• 3:44:09
  kind of person. But, you know, over time, I, I
• 3:44:12
  have seen stuff like this, like what we just talked about there.
• 3:44:15
  And I definitely changed on that.
• 3:44:21
  I, you know, maybe if the system were perfect and I, I certainly
• 3:44:27
  listen. I don't lose sleep.
• 3:44:28
  If, if, you know, some chomo gets shanked in a, in a prison,
• 3:44:33
  OK, I don't, you know, I don't, I don't cry about it.
• 3:44:37
  I, I don't think, you know, that's, that's kind of
• 3:44:39
  different. But I just don't, I don't want
• 3:44:42
  to see the government, you know, carrying that out.
• 3:44:44
  You know, no, I, I don't, I don't either because the, the
• 3:44:49
  stakes are just too high. And I mean, we, you know, we,
• 3:44:53
  we, we see it right there. Again, I, I applaud, I applaud
• 3:44:58
  the, the state of Texas and the people in Dallas for finally
• 3:45:05
  trying to right the wrong and acknowledging that it was, it
• 3:45:09
  was not, it was not a guilty situation.
• 3:45:13
  But, you know, it's 70 years now.
• 3:45:16
  It's too little too late. Yeah, I didn't get to this point
• 3:45:18
  in the story, but he has a the the kid that was born, that
• 3:45:23
  guy's in his 70s now and he's going to attend that hearing.
• 3:45:27
  Wow. So yeah, he's like, he's like 72
• 3:45:31
  or something like that now. So he's going to attend the
• 3:45:34
  hearing where his father, who he never knew, is finally
• 3:45:37
  exonerated. And I mean, yeah, that's great.
• 3:45:40
  And and there's there is a a small, the tiniest grain of feel
• 3:45:46
  good in there. But unfortunately, yeah, it is
• 3:45:48
  too little, too late. I am glad that they acknowledged
• 3:45:51
  it. I mean, half the time, you know,
• 3:45:53
  and throughout history, we don't even acknowledge.
• 3:45:55
  And of course, this is back in the 50s, you know, back when we
• 3:45:59
  still had separate drinking fountains.
• 3:46:01
  And, you know, there's a racial component there's.
• 3:46:03
  And look, there still is in the justice system.
• 3:46:05
  We can't argue that. I mean, you know, it's better
• 3:46:10
  than it was, but we still have a lot of work to do.
• 3:46:14
  Well, you know, that's the situation.
• 3:46:17
  Else there's always something unfortunately.
• 3:46:19
  Well, right. And that's, that's always the
• 3:46:21
  deal, right? That's always the situation is,
• 3:46:24
  you know, we work on something. We spend all these resources to
• 3:46:27
  fix something and only to ultimately break, you know,
• 3:46:30
  something else. So I don't know, Dan.
• 3:46:33
  I, I don't, I don't, I don't have an answer.
• 3:46:37
  I don't have a solution. Well, for this, I think it's as
• 3:46:43
  simple as we don't do the death penalty anymore.
• 3:46:46
  Yeah. You know, that's, that's where
• 3:46:49
  that's at because again, it just, I don't think it can be
• 3:46:52
  trusted not, not for something you can't take back.
• 3:46:57
  I mean, it's bad enough you put somebody away for 30 years and
• 3:47:01
  then find that they're innocent. They've lost 30 years of their
• 3:47:03
  life, but at least they've got something left.
• 3:47:06
  At least they've been able to see their family and stuff like
• 3:47:09
  that while they've been gone. But all righty, Michael.
• 3:47:12
  Well, thank you. We'll see you tonight for
• 3:47:14
  sidebar. Yeah.
• 3:47:15
  Yes, thank you, Dan. All right, yes.
• 3:47:17
  Sidebar tonight, 8:00 PM E 5:00 PM Pacific sidebar.
• 3:47:20
  Yay, Michael. Ladies and gentlemen.
• 3:47:24
  All right, so Speaking of Michael, he and I will be
• 3:47:26
  starting a new show soon in the blind.
• 3:47:31
  There's probably a link posted somewhere in the chat for that
• 3:47:33
  if you haven't already subscribed to that Channel, but
• 3:47:35
  we're looking forward to that. If all goes well, we'll film the
• 3:47:38
  pilot tomorrow, probably posted on Thursday and February 2nd.
• 3:47:45
  That Monday will be our first show.
• 3:47:47
  It'll be fun. Michael and I will not know the
• 3:47:50
  topics we'll be covering ahead of time.
• 3:47:52
  That is why it is named In the Blind.
• 3:47:53
  We've got no idea what we're going to talk about until we are
• 3:47:56
  live. So no safety net, no takees,
• 3:48:01
  backsies, nothing. It'll be it'll be cool.
• 3:48:03
  So join us for that. All right, my friends, I'm gonna
• 3:48:06
  go ahead and call it a day here. We will be back for sidebar
• 3:48:09
  tonight. Actually, the next thing I'm
• 3:48:10
  gonna go do is get that post done.
• 3:48:15
  So we'll be ready to go for tonight.
• 3:48:16
  And that's at 8:00 PM Eastern, 5:00 PM Pacific.
• 3:48:18
  We'll be back tomorrow morning, 9:00 AM Eastern, 6:00 AM
• 3:48:21
  Pacific, 1/2 an hour early for channel members, but thanks for
• 3:48:25
  hanging out with me today. I hope you all had fun, I know I
• 3:48:27
  did, and hope to see you all tonight.
• 3:48:29
  Take care, God bless.