Latest / The Courtroom Files / February 3 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #223

Transcript

February 3 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #223 · The Courtroom Files

• 0:01
  Good morning, everybody. Happy Tuesday.
• 0:02
  Welcome to TCF LIVE. Good to have you here.
• 0:05
  Let's start our day in LAT in Lansing.
• 0:07
  There we go. Lansing, MI.
• 0:08
  This is Judge Buchanan. Today we have a pre sentence
• 0:11
  report which includes a. Substance.
• 0:13
  Of these assessment of both, Council had a chance to review
• 0:15
  it. Yes, there are only people won't
• 0:16
  have any deletions, additions or corrections as well.
• 0:19
  Your Honor, we've reviewed it gone over and no corrections or
• 0:21
  deletions at this time the. People have a position on
• 0:25
  sentence today. Familiar are people defer to the
• 0:28
  court. Thank you, Judge.
• 0:33
  You know this case has been going for a while.
• 0:35
  I know my. Client's glad to be done.
• 0:37
  We get this. Case over with his license was
• 0:39
  reinstated, yesterday's back on restrictions.
• 0:42
  So he's kind of at that end of the process.
• 0:45
  And so he's he's grateful for what he's learned in this.
• 0:48
  I know that you know he. This was a very serious
• 0:52
  situation. But from the get.
• 0:54
  Go when he and I first started talking back in March of last of
• 0:58
  last year, he jumped on a substance abuse assessment
• 1:01
  through journeys. He's done counseling, he
• 1:02
  completed their initial first step program.
• 1:06
  He also has been doing a A and just really taking it above
• 1:10
  himself. He also did a victim impact
• 1:12
  panel as well as an alcohol highway safety course.
• 1:15
  So he took advantage of the time while this case was pending.
• 1:18
  And I know that. Again, he's grateful.
• 1:20
  He's learned a lot. He's an educated person.
• 1:23
  He is his master's. He's got his undergraduate from
• 1:25
  Ohio State for Chase dot Michigan State.
• 1:27
  But it is what it is. But I know.
• 1:31
  That he can. Pay, I think all fines are cost
• 1:32
  today and I would just ask, I know the recommendation six
• 1:35
  months. Of.
• 1:37
  Reporting probation, I would ask that maybe you consider
• 1:40
  potentially no additional probation just based on it is
• 1:43
  the first offense and the extensive amount of work that
• 1:46
  he's done up until this point. I have a two-part problem.
• 1:51
  The first one is the restitution is to be determined and I just
• 1:56
  received a motion from the public defender's office saying
• 2:00
  if I sentence Mr. Romer today that that should foreclose
• 2:03
  restitution. That has to be determined at the
• 2:07
  time of sentence. And so I have not seen a counter
• 2:13
  brief on that yet. I have not made a decision on
• 2:15
  that yet, but it does bring to mind the issue wherein it's
• 2:18
  supposedly we have a victim. Who's?
• 2:21
  Saying they may have a request for restitution, but didn't have
• 2:24
  sufficient information to provide that to us today.
• 2:26
  So where? Are we at as?
• 2:27
  Far as prostitution being an issue that would cause the.
• 2:34
  Case. To be either unsentenced at this
• 2:38
  moment or on probation until prostitution can be determined
• 2:43
  and paid. I don't know if the.
• 2:49
  Defense would be willing to stipulate to a restitution post
• 2:52
  sentencing. Rest you can hearing post
• 2:53
  sentencing. If not, it could make sense to
• 2:56
  adjourn sentencing for a week or two to.
• 3:00
  Come back and. Make sure that we are, we are on
• 3:01
  restitution. Do you have any?
• 3:05
  I I don't know what a even a number would even look like,
• 3:08
  Your honor. To what I mean I have no
• 3:12
  problem. Stipulating the sentencing
• 3:13
  today, leaving restitution to be determined.
• 3:16
  I'd like to at least get this, you know, get this done today if
• 3:19
  attention just because I'm coming from Grand Rapids.
• 3:21
  If we had to do it, a restitution hearing or a step to
• 3:24
  agree something if Zoom would be an option.
• 3:26
  And then it was the same thing with Mr. Rome or with the
• 3:30
  travel. Yeah, well, it's the same issue
• 3:35
  as always, which is if, if the hearing is going to be
• 3:38
  testimonial, you're going to have to be here.
• 3:40
  If there's an agreement, I have a problem addressing that in
• 3:43
  Zoom or by stipulation, but if we have to take testimony, we're
• 3:48
  all going to be in person. No, I understand.
• 4:22
  Mr. Romer, I was on the fence about probation myself, and I
• 4:27
  guess one of the things, one of my.
• 4:28
  Questions. Was in light of your employment,
• 4:32
  I guess I have questions about you getting yourself into this
• 4:35
  situation and also the fact that you're sort of a.
• 4:38
  Savvy person. So I.
• 4:43
  Guess I'm trying to decide how reliable your assessment is at
• 4:47
  this time because you're just more knowledgeable than most
• 4:51
  people who had taken assessment so I'd like to hear from.
• 4:55
  You absolutely, your honor, I take full responsibility for
• 4:58
  what happened on that day. I made a very poor decision to
• 5:01
  put not only myself but others at risk as well.
• 5:04
  Since then I've taken steps like Joe has talked about with my A,
• 5:06
  the alcohol education, my mental health counseling and getting
• 5:10
  all of my ducks in a row to make sure that I have a plan and
• 5:12
  action with this one ever happened again.
• 5:15
  As you stated, I do work in substance use disorder and I
• 5:18
  think this truly shows that it can happen to anyone.
• 5:21
  I was in an all time low in my life and it's definitely not an
• 5:24
  excuse but I I had to find my way up here.
• 5:28
  I moved here. I left everything I knew in Ohio
• 5:30
  and it wasn't an easy Rd. but I've taken steps to improve
• 5:34
  myself. I'm doing much better than I was
• 5:36
  then and I can promise you I will not be in the situation.
• 5:39
  You moved for a reason though, like the job opportunity was
• 5:42
  something that you wanted to take.
• 5:44
  Yes. It's.
• 5:45
  Not necessarily a low. It's hard, but it's actually.
• 5:48
  The the hard part was leaving my family.
• 5:51
  I have a lot of trauma and come from a divorced family and abuse
• 5:54
  and I've gone through a lot and taking the stuff on my own was
• 5:57
  intimidating and it knocked me down and I really needed to tap
• 6:01
  into myself and take care of myself.
• 6:09
  You said today it's not an. Excuse, but you're.
• 6:12
  Assessment, you really heavily emphasized that that was, I
• 6:16
  guess you wanted the court and the assessor to know that that's
• 6:20
  the reason and I guess I just don't have a lot.
• 6:23
  Of don't give that a lot. Of weight and the reason being
• 6:28
  is because if you want a reason. There'll always be a reason.
• 6:30
  You know what I mean? Like.
• 6:32
  I said I I take ownership. If I could change it I would.
• 6:34
  I can at this point. I've done everything I can to
• 6:37
  correct it up to this point, and I will continue to take positive
• 6:40
  actions moving forward. There was no cost recovery
• 7:58
  submitted by Lansing Police Department.
• 8:03
  I'm sorry, I apologize. It's.
• 8:04
  OK, I'm speaking to Mr. Mercer. I apologize.
• 8:09
  I did not catch that. So there was no cost recovery
• 8:12
  requested for Lansing Police Department.
• 8:15
  Not to my knowledge. Based on the outcome of the risk
• 9:00
  assessment, the substance abuse assessment, the nature of the
• 9:03
  offense, and the open issue of restitution, I'm going to place
• 9:07
  you on three months of probation.
• 9:11
  Probation cost $30.00 per month, which I added to your probation
• 9:14
  oversight. The oversight piece to your
• 9:15
  advised costs during probation with your probation agent as
• 9:18
  directed. It's usually in Zoom.
• 9:20
  Do not leave the state without permission.
• 9:21
  Do not commit crimes. No assaults or threatening
• 9:24
  behavior. No use of alcohol, marijuana, or
• 9:27
  controlled substances without a prescription.
• 9:29
  If you would like to use medical marijuana, you'll need to
• 9:32
  present your valid medical marijuana card to your probation
• 9:34
  agent and I'll have to request an order, basically an
• 9:38
  amendment, submit to random preliminary breath test and your
• 9:42
  analysis as directed by the probation agent.
• 9:45
  You're not to attend buyers or nightclubs during your
• 9:46
  probation. You are to continue your mental
• 9:48
  health counseling and sign a release so we can verify that
• 9:50
  you're keeping and maintaining appointments.
• 9:51
  You don't need to know what to discuss with your parents.
• 9:53
  We just need. To know the main appointment.
• 9:55
  And then you went to it maintain.
• 9:58
  Employment do not. Purchase or possess firearms,
• 10:01
  ammunition or weapons spending fine.
• 10:03
  This conviction is reportable. Secretary of State and already
• 10:06
  was reported as you have. We already discussed your
• 10:09
  license consequences which are making your way through right
• 10:12
  now. Fine is 300, Prime victim rights
• 10:16
  fee 75. State member costs are 50.
• 10:18
  Probation oversight fees are 90. That's $515.
• 10:22
  And then we're going to set a restitution hearing to determine
• 10:25
  if there is going to be restitution.
• 10:27
  The total you owe right now is 550.
• 10:30
  Prostitution could be in addition to that, but as your
• 10:32
  council said, I have no idea what range prostitution may or
• 10:36
  may not be in. Do you have an hearing date for
• 10:39
  me for our situation? Are you available February 24 at
• 10:45
  9:30. I'm checking right now.
• 10:47
  You are, I am. As I said.
• 10:55
  If we're taking testimony because there is a contested
• 10:57
  issue, I will need you in person.
• 11:00
  If we have a stipulation, I can take that in writing for visa.
• 11:03
  Thank you. For yourself.
• 11:06
  Find out. All right.
• 11:07
  My court office was going to take you down to probation.
• 11:09
  It's an appointment. To sign your.
• 11:10
  Orders and get your probation. OK.
• 11:13
  Thank you, Donna. Thank you.
• 11:17
  Morning once again, everybody. Happy Tuesday.
• 11:19
  Welcome to TCF live. So the other day I took one of
• 11:23
  Ellie's cat beds and I put it underneath the desk here in the
• 11:28
  bunker because she's been wanting a place to lay because
• 11:31
  it's been a little cooler. So she looks like snuggling up
• 11:33
  in the this fuzzy bed that she has, but she's like 31 flavors
• 11:37
  of cute down there. So I'm thinking I'm going to
• 11:39
  have to actually set up an LE Cam to be able to show you guys
• 11:43
  on stream. So I'm have to work on that this
• 11:45
  week. Anywho, let's we'll change it
• 11:48
  up. We'll stay in Michigan, but
• 11:49
  let's say good morning to Judge Oakley.
• 11:53
  Date after the 2nd. We there's March 3rd with Judge
• 12:00
  Patton or March 10th any Tuesday.
• 12:04
  Gentlemen, what Tuesday do you want?
• 12:07
  March 3rd could work. I'm.
• 12:12
  Sorry, Miss Clay, go ahead. I am busy on that day.
• 12:17
  If I don't know if we go out another week or two. 17th, that
• 12:22
  works. Yeah.
• 12:23
  What time, Heather? 17th would be 9:00 and that
• 12:27
  would be with us in person. Sounds good.
• 12:31
  All right. So final pretrial just meaning
• 12:34
  last one before we make a decision, not that we have to
• 12:36
  have the complainant show up. Sure.
• 12:40
  Are we talking? Yeah.
• 12:41
  March. March 17th.
• 12:42
  Sorry. OK.
• 12:43
  March 17th. All right, so I'll continue the
• 12:46
  bond on that one. Mr. Jones, you got that?
• 12:49
  9:00 AM live my courtroom on the 17th.
• 12:53
  Sounds good, I'll be there. You can.
• 12:55
  Work. So let me address one other
• 13:01
  issue, Judge, You may He has a custody hearing, I believe
• 13:06
  involving this individual. I told him I did not think that
• 13:11
  would be in violation of his no contact order, but I did want to
• 13:14
  bring it to the court's attention.
• 13:15
  Yeah, I appreciate that. Well, let's clarify that.
• 13:18
  So, Mr. Jones, as long as you are having contact in the court
• 13:24
  and it's a required date to be there and you have no personal
• 13:27
  contact with her, in other words, you know, you're not
• 13:29
  arguing in the hallway or anything like that.
• 13:31
  You just happen to be in the same spot because you're both
• 13:33
  ordered to be in court. I'm OK with that.
• 13:36
  Mister Clay, does that clarification give you what you
• 13:38
  want? Perfect, Josh.
• 13:40
  Thank you. All right, Mr. Jones, Clear.
• 13:44
  Clear. Thank you, Your honor.
• 13:45
  All right, gentlemen, have a nice day.
• 13:48
  Great. Barbara, thank you for gifting 5
• 13:50
  memberships. Great way to start the day.
• 13:51
  I appreciate that. By the way, if you haven't seen
• 13:54
  in your e-mail, Barbara, I sent you a link that merch that you
• 13:57
  were looking for is done, so check that out if you haven't
• 14:00
  already. At 10:00 AM next week.
• 14:02
  Yeah. Can we do that?
• 14:04
  Yep. OK, perfect.
• 14:05
  Thank you. Yep.
• 14:08
  So that's DELOY Judge. DELOY.
• 14:13
  Yep, we'll keep the. Exam at 10 AM.
• 14:17
  Mr. Delloy, you're muted. Your alarm is set for 10 AM.
• 14:22
  You gotta unmute. OK, there we go.
• 14:28
  There you go. So.
• 14:29
  We'll see you next week. 10 AM. Here at the court.
• 14:33
  OK. OK.
• 14:34
  That sounds good. Thank you.
• 14:36
  I thank you. Bye bye.
• 14:37
  Mr. Riggins, Mr. Jones, you're you can leave.
• 14:41
  You're. You're all set.
• 14:42
  You're welcome. Mr. Riggins, your client is.
• 14:45
  Not on yet. Hold on.
• 14:49
  Let me remove this guy. Sorry.
• 14:51
  What was that, Mister Riggins? I have two clients.
• 14:53
  I have Mr. Edison as well as Mr. Mccarter.
• 14:56
  My apologies, I had patent listed on my file.
• 14:59
  You were perfectly fine. Both of them are lodged, so
• 15:01
  they're both going to be on. Zoom.
• 15:03
  So you're good. Do you need to speak to the DV
• 15:06
  prosecutor because he's on both of them.
• 15:09
  Sure all. Right, let me throw you in.
• 15:34
  Yeah. OK.
• 15:34
  So the judge gives you their stipulations as far as.
• 15:39
  Hey, Wayne. County, all of that kind of
• 15:41
  stuff that's when you're done after that.
• 15:43
  All right. Hey, good morning.
• 15:45
  I got look like three of them for you.
• 15:49
  I got one in front for you. I got a Mr. Carlos.
• 15:51
  Pain right now. Yep.
• 15:54
  After that I have two others who are here, Dennis Mccarter and
• 16:04
  lastly a Gerard Edison. All righty.
• 16:09
  Yep. So you have pain right now?
• 16:11
  Yes, I got them right here next. Time, OK, We're going to handle
• 16:13
  that one first. Thank you all.
• 16:15
  Right. You're welcome.
• 16:15
  So Carlos, you have to see here. And whatever if you need.
• 16:22
  Help and stuff, she's getting in depth.
• 16:24
  Can you help me out? OK, good luck man.
• 16:28
  Good morning. Good morning again, ready on Mr.
• 16:33
  Payne. People are ready.
• 16:37
  All righty. So we're just going to schedule
• 16:38
  the exam date for did we come up with March 10th at 8:30?
• 16:43
  It's a good day for the people. March 10th is fine.
• 16:48
  All righty. Did you guys need to speak about
• 16:50
  anything else on record? I've gone over some discovery
• 16:54
  that I'm requesting from Mr. Craig.
• 16:55
  Oh, I don't think we need to put that on the record right now.
• 16:59
  I would reserve the right to later submit a discovery order
• 17:02
  for the judge's signature. OK, that sounds fair.
• 17:06
  Yeah, I'll get those items. To you shortly.
• 17:09
  Thank you. March 10th.
• 17:11
  Is that with Judge Patton? That is with Judge Martin.
• 17:17
  Judge Martin. Yep.
• 17:20
  And. The start time, Madam Clerk.
• 17:21
  8:30. Thank you.
• 17:28
  And I just briefly like to readdress Mr. Payne's bond all.
• 17:32
  Right. Let me let the judge know.
• 17:34
  Thank you. Appearances on the People versus
• 18:29
  Carlos Payne, please. Good morning, your Honor.
• 18:31
  May it please this most honorable court attorney, Brian
• 18:34
  J Craigo, P number 74568, appearing on behalf of the
• 18:38
  People this morning. And good morning, Judge Oakley.
• 18:41
  And to your staff, neighbor Defender Service, Carrie Martin,
• 18:43
  PE4592I represent Mr. Carlos Payne paying by Zoom from Wayne
• 18:47
  County Jail, Carlos state your full name.
• 18:50
  Carlos Payne. Thank you, Judge.
• 18:54
  We just set a preliminary exam date of March 10th in front of
• 18:57
  Judge Martin. I do want to readdress Mr.
• 19:01
  Payne's bond. Mr. Payne and his family are
• 19:06
  trying to work towards this bond.
• 19:08
  Obviously, we understand this is a homicide case and that any
• 19:11
  bond would come with strict conditions including house
• 19:14
  arrest, no contact. We wouldn't object to any part
• 19:17
  of that. But just the current monetary
• 19:20
  amount of the bond is, is totally unachievable for this
• 19:23
  family amounts to a remand. So just asking for any amount of
• 19:28
  reduction such as to from the 200,000 to A to a 100,000.
• 19:34
  Thank you, judge. All right, so just so we're on
• 19:36
  the page, same page, notes on the ROA say 200,010% no release
• 19:42
  without GPS tether, no contact and a list of number of bodies.
• 19:46
  We're all on the same page with current bond, Yes, you have a
• 19:49
  10, You have a 10% privilege on this bond, is that correct?
• 19:52
  It's 200,010% as written, correct.
• 19:55
  Thank you. Go ahead, go ahead, Council
• 19:58
  people's position. Your Honor, I don't believe
• 20:00
  this. There should be any change in
• 20:01
  the bond. I believe the bond is fair and
• 20:03
  proportionate, certainly with the 10% privilege.
• 20:05
  That's outstanding in this particular case, Your Honor.
• 20:09
  Further, council has alluded that this is in fact a homicide
• 20:12
  case in. Addition to the.
• 20:13
  Murder in the second degree count, there are additional
• 20:15
  counts of threatening or intimidating witnesses and in
• 20:19
  this particular case, the individuals who are were alleged
• 20:23
  witnesses to this offense are in close relationship to the
• 20:27
  defendant in terms of there was a pending matter, a domestic
• 20:31
  violence related case involving one of the witnesses.
• 20:34
  That case has subsequently resolved in terms of an
• 20:36
  acquittal here at the Circuit Court level earlier, I believe
• 20:40
  it was last month or late last month.
• 20:44
  But Your Honor, the facts of this specific case show a
• 20:47
  tendency. In terms of.
• 20:48
  Flight there was the individual defendant in this case was on
• 20:52
  AGPS tether at the time of the alleged shooting in which places
• 20:56
  him inside the condo in Van Buren Town Township and he was
• 21:00
  able to be tracked outside of the county to Washtenaw to Ipsy
• 21:05
  Township. John, I believe.
• 21:06
  There's a propensity for flight in terms of fleeing the the.
• 21:10
  The scene in this. Particular case and also in
• 21:12
  terms of the potential threat to additional witnesses who have an
• 21:17
  intimate relationship with the defendant children in common.
• 21:20
  So for those reasons, I believe the bond is certainly fair and
• 21:24
  proportionate with the 10% privilege.
• 21:26
  I believe the bond should not be modified at this time.
• 21:30
  Thank you, Mr. Martin. Anything else?
• 21:33
  Judge, I would. I don't think you'll find a
• 21:36
  failure to appear history, Mr. Payne.
• 21:39
  And, you know, and if he were released, he would stay with
• 21:42
  people who have no connection with with these events.
• 21:45
  And and he understands no contact.
• 21:47
  He doesn't want to have any contact with anyone involved.
• 21:50
  You know, he just wants the ability to be at home.
• 21:52
  Yeah. He does also have an upcoming
• 21:54
  surgery and he he would like, you know, the ability to recover
• 21:57
  from that surgery while not being housed in the Wayne County
• 22:02
  Jail. Thank you.
• 22:04
  You're welcome. Thank you, gentlemen.
• 22:05
  I think 200,000 with a 10% is a reasonable bond for the charge.
• 22:08
  I'm going to leave it as is. Gentlemen, I just want to make a
• 22:11
  note in the file. When was that date?
• 22:12
  March. What for the exam 10th?
• 22:16
  March 10th at 8:30. All right.
• 22:19
  Thank you, gentlemen. Good luck, Mr. Payne.
• 22:22
  Thank. You.
• 22:25
  It's all. For me to have a brief breakout
• 22:26
  room with Mr. Payne, I know they've got other people in the
• 22:28
  jail they want to put on. Yes.
• 22:31
  Thank you. You're welcome,
• 22:46
  Mr. Riggins. Whenever they're done with Mr.
• 22:49
  Payne, when Wayne County comes back on, I'll.
• 22:51
  Did you want to speak to your client, Mr. Edison or Mccarter?
• 22:59
  I muted you. Sorry.
• 23:02
  Yeah, I, I, if I could speak with both of them very briefly.
• 23:05
  Yeah. Mr. Polk, we're just crossing
• 23:17
  our fingers that Sanilac County is able to jump on with your
• 23:19
  guy. Thank you.
• 23:22
  If you want to turn your camera off and then once we're ready
• 23:26
  for you, I'll call you. Thank you.
• 23:44
  All right, well, they sort out what's what.
• 23:45
  They're let's stay in Michigan, but we'll go over to Judge
• 23:51
  McNally. Give me one second here,
• 23:56
  Council. Your client, by the way, was
• 23:59
  sentenced on April the 9th. Obviously he was not to
• 24:03
  purchase, possess or consume alcohol or illegal drugs and I
• 24:06
  have here a show cause that alleges that he was in
• 24:09
  possession of alcohol and tested positive for alcohol on January
• 24:14
  3 of 26th. How was he going to proceed on
• 24:16
  this would. He and admit that he did.
• 24:22
  Is that what you want to do, Sir?
• 24:24
  Yes, your honor, If you do that, this would be a first technical
• 24:26
  violation and you could receive 5 days in jail.
• 24:30
  Do you understand that? Yes, your Honor.
• 24:33
  And I do have an appearance from you, right, Mr. Duncan?
• 24:35
  Yes, I was that in case. All right, did you sign, read
• 24:40
  and understand the advice of rights?
• 24:42
  Yes, Your Honor, if you. Plead guilty.
• 24:43
  You will be giving up all those rights and there will not be a
• 24:45
  hearing or a trial. Do you understand that?
• 24:48
  Yes, Your Honor, to the charge you failed to refrain from
• 24:52
  consuming alcohol or drugs, testing positive for alcohol.
• 24:55
  How do you plead? How do you plead?
• 24:58
  Not guilty, Your Honor. No, no.
• 25:00
  Guilty, Your Honor. If I apologize, you don't have
• 25:02
  to apologize. Just slow down.
• 25:04
  I'm going to ask you again to the charge that you failed to
• 25:07
  refrain from consuming alcohol, testing positive on a chemical
• 25:10
  test on January 3 of 26th. How do you plead?
• 25:15
  Guilty. Your Honor, did you consume
• 25:19
  alcohol within three days of that date of January the third?
• 25:23
  Yes, Your Honor. Where were you drinking?
• 25:26
  Well, the president's house. You.
• 25:29
  Know you receive what? Were you drinking?
• 25:33
  Mixed drinks? What kind of mixture?
• 25:37
  Liquor in your. Honor.
• 25:37
  I didn't what? Kind Whiskey.
• 25:41
  OK, so you're drinking whiskey? You're going hard at it, eh?
• 25:46
  Anybody force you to plead guilty?
• 25:48
  No, it's not. Let's see if Jessica's available
• 25:51
  here. If she is, I'm going to.
• 25:54
  I'll accept your plea. I find it to be an accurate plea
• 25:58
  made voluntarily and understandingly.
• 26:00
  That plea is accepted. Let's see here.
• 26:06
  Let me see if I can call it. Do you have her number 18?
• 26:17
  We're we're kind of low in probation right now.
• 26:20
  So let me see if I can get her. Do you have a minute to come in
• 26:23
  here on Barrera? Thank you.
• 26:30
  All right. What do you want to say, Judge?
• 26:35
  Positives is he had no positive testicles.
• 26:37
  He told me to meet New Year's Eve.
• 26:39
  He hadn't had a positive. Positive test since he's
• 26:44
  remorseful. He called me and pretty much
• 26:46
  told me right off the bat that he messed up on that day.
• 26:48
  He said he was in his opinion. I asked him why he thinks he
• 26:51
  because I've gotten to know. Him a little.
• 26:53
  Bit and he's, I thought he was taking sobriety very, very
• 26:56
  seriously, he said. If he had some.
• 26:58
  Peer pressure, he had some predation everything along with
• 27:01
  on that day and he just kind of phobia.
• 27:04
  But since then, he hasn't drank. He starts his.
• 27:06
  GED, but he's. Going to do that in Southgate.
• 27:09
  So he's got, he's got some holidays going on, but he just
• 27:14
  here he's. Just had a relapse on that one
• 27:16
  day. Peer pressure.
• 27:18
  Your your name. Has he done everything else?
• 27:23
  He's testing monthly now, right? Peer pressure.
• 27:27
  He is compliant and trimming and he has suffering thousands of
• 27:30
  views to now break the guiding center.
• 27:31
  Obviously this is something that will address with them and.
• 27:34
  How old are you? He's.
• 27:36
  Having your honor. Don't you think that's a little
• 27:38
  old to be worrying about what other people think?
• 27:42
  Yes, your honored. What would you like to say?
• 27:44
  Anything. It was a foolish.
• 27:47
  Mistake that I won't let happen again, obviously, and I just
• 27:53
  hope to move forward unless, well, he's probably almost
• 27:59
  eligible for early discharge. He would have been the only.
• 28:02
  Thing that was holding him back from.
• 28:03
  Early. Release was he has a completed
• 28:05
  treatment but everything else is done otherwise.
• 28:08
  Anything else, Mr. Duncan? I'll keep you on probation
• 28:12
  subject. All existing terms.
• 28:14
  No more of this. You pay cost of 75 to serve one
• 28:17
  day on the court work program and pay $35 for that You were to
• 28:22
  test biweekly going forward during the duration of
• 28:25
  probation. You understand that, Sir?
• 28:30
  Yes, Sir, I am. Do you have the $110 to pay?
• 28:34
  Yes. You.
• 28:34
  Can go down the hall and pay that they'll set you up on bi
• 28:37
  weekly testing and one pay court work.
• 28:39
  Take care Mr. Donald. Thank you Lambert.
• 28:42
  Melinda Lambert, thank you. I'm sorry I got to have these
• 28:56
  traffic records run for you guys.
• 28:58
  If you can just bear with me a second, OK.
• 29:01
  Once I get them, I'll. Yeah, most of them should be
• 29:04
  coming down. My apologies on that.
• 29:06
  That's all right. I'm going to we all don't worry
• 29:09
  about it. I'm going to send these other
• 29:11
  this other stack down to have you run a record.
• 29:15
  Ma'am, your name. I'm going to send.
• 29:27
  Somebody down there to get those?
• 29:29
  Heather, morning. Are you doing department reps?
• 29:37
  Yes. Well, I'm going to need somebody
• 29:39
  to come down here, get every file and civil infractions from
• 29:43
  these guys, take them down, have them run their records and then
• 29:46
  you guys try to find them back to me if you can, the traffic
• 29:49
  record. So we'll have to go to Heather.
• 29:51
  OK, thanks, George. Most of them could be done.
• 29:55
  I believe that Vince got most of them from all of them.
• 30:01
  OK, Good, good. Good.
• 30:04
  All right, Ma'am, your name. You're charged with failure to
• 30:08
  pay. I have.
• 30:16
  Why? Why?
• 30:17
  Why? Why?
• 30:17
  Why? Excuse me.
• 30:20
  I don't understand this. You posted a bond at 273 and a
• 30:24
  bond at 183. Are those in your names?
• 30:26
  No, they're in the name of Kathy Lambert.
• 30:28
  Is she? Who's Kathy Lambert?
• 30:31
  Is she here? She going to let you apply the
• 30:33
  bond? Well, you got to go call her and
• 30:36
  have her call the staff. They'll explain it to you.
• 30:40
  OK, you go down the hall. Hang on.
• 30:43
  Listen to me, I'm going to send the files down.
• 30:46
  Heather, Miss Lambert's coming down.
• 30:48
  We just want to get confirmation from her daughter, show a lot of
• 30:51
  reply the bonds, make sure the figures are correct.
• 30:54
  If they are not, then send her back down, OK?
• 31:00
  OK. Judge if I made sense there.
• 31:04
  Go right down the end of the hall, man.
• 31:07
  You got to show up and talk to me on these things when you
• 31:10
  don't have the money, OK? Good morning once again,
• 31:19
  everybody. It's TCF live on a Tuesday.
• 31:21
  Good to have you all here. Let's change it up.
• 31:24
  I'm going to keep an eye on Judge Mcnally's court, but let's
• 31:27
  go to Kalkaska County, Michigan. This is Judge Mertz.
• 31:32
  And this is interesting because the defendant is appearing from
• 31:35
  space jail this morning. People versus Griffith.
• 31:37
  This is file number 255101, Mr. Dennis, You can go right to the
• 31:43
  podium there. We're going to take.
• 31:45
  Care of one thing. Before we start yours, the
• 31:47
  record should reflect Mr. Griffith was present today by
• 31:50
  video from Wexford County Jail. If I could have both counsel put
• 31:53
  your appearances on. I am Sigler of.
• 31:57
  That oh, good morning. Thank you, honor.
• 31:58
  Ravi Gurmurthy. I'm appearing on behalf of Mr.
• 32:01
  Griffith. All right.
• 32:04
  This is set for a final status conference today.
• 32:08
  We do have trials set to begin in this matter on February 18th.
• 32:14
  This is also. The plea cut off, so this is the
• 32:17
  last date to enter into in Cleavery prior to trial.
• 32:21
  Mr. Girmurthy, have you been able to discuss that with your
• 32:24
  client? I I have, Your Honor, and we've
• 32:27
  had some extensive discussions. I've had some extensive flea
• 32:30
  negotiations with Mr. Ziegler's office.
• 32:34
  We've reached the resolution. My understanding is Mr. Griffith
• 32:37
  would enter a plea of no contest to six counts of felonious
• 32:43
  assault. The remaining 9 counts in the
• 32:47
  felony information would be dismissed.
• 32:50
  There is no sentencing agreement, Judge.
• 32:55
  OK. And what would be?
• 32:56
  The reason for the no contest plea?
• 32:58
  A potential civil liability judge and Mr. Ziegler and I did
• 33:03
  previously e-mail Mr. O'Rourke at your office a copy of the
• 33:08
  transcript of the preliminary exam that establishes factual
• 33:13
  basis for the no contest plea for those six counts of
• 33:16
  felonious assault all. Right.
• 33:19
  Thank you. Mr. Ziegler, is that a correct
• 33:21
  statement of the plea offer? In this case.
• 33:23
  It is. OK, Mr. Griffith, were you able
• 33:26
  to hear all of that? Yes, Your Honor.
• 33:29
  And have you had an adequate opportunity to speak with your
• 33:32
  attorney about this plea agreement?
• 33:34
  I have, your Honor. And is that how you wanted to
• 33:38
  proceed today? Yes, Your Honor.
• 33:42
  OK. Can you raise your right hand,
• 33:43
  please? Do you solemnly swear or affirm
• 33:47
  The testimony you're about to give will be the truth, the
• 33:49
  whole truth, and nothing but the truth, so help you God?
• 33:52
  I do. Thank you.
• 33:54
  Mr. Griffith, are you currently on any kind of probation or
• 33:57
  parole? No, Your Honor.
• 34:01
  All right. And you understand that for each
• 34:04
  count of felonious assault that the maximum possible penalty you
• 34:09
  could face would be up to life. I'm sorry, four years and or.
• 34:15
  $2000 Your Honor, for a felonious assault.
• 34:17
  Four years. Sorry.
• 34:19
  That's correct, Judge. It's four years and a $2000
• 34:21
  maximum on the four year count. OK.
• 34:24
  So Mr. Griffith, you understand that that is the maximum
• 34:28
  possible penalty for each of those counts?
• 34:31
  Yes, Your Honor, with that maximum possible, is there any
• 34:37
  Mr. Groomer, Mr. Ziegler, either of you aware of any potential
• 34:42
  consecutive sentencing sanctions in this case?
• 34:44
  I am not your. Honor and and neither am I judge
• 34:47
  there. There should be no consecutive
• 34:49
  sanctions in this case. OK.
• 34:52
  So, Mr. Griffith, with that maximum possible penalty in mind
• 34:56
  as to each of those charges, what is your plea here today?
• 34:59
  No comments, Your Honor. All right, right now, you have
• 35:06
  certain rights, Mr. Griffith. I'm going to go through those
• 35:08
  rights with you here on the record.
• 35:10
  You have the right to have a trial.
• 35:13
  You have the right to be tried by a jury.
• 35:15
  You have the right to be presumed innocent until proven
• 35:18
  guilty. You have the right to have the
• 35:20
  prosecutor prove beyond a reasonable doubt that you are
• 35:23
  guilty. You have the right to have any
• 35:26
  witnesses against you appear at trial and to question those
• 35:29
  witnesses. You have the right to have the
• 35:32
  court order any witnesses on your behalf appear at trial.
• 35:36
  You have the right to remain silent during a trial and to not
• 35:39
  have that silence used against you, and the right to testify at
• 35:43
  a trial yourself if you want it. Do you understand that you have
• 35:46
  all those rights? I do your own way and you
• 35:50
  understand that you're going to be giving up and waving all of
• 35:53
  those rights by pleading no contest and you won't have those
• 35:57
  rights anymore, including that right to have a trial.
• 36:03
  Also, you don't have an automatic right to appeal the
• 36:06
  plea that you're making here today.
• 36:08
  You can only do that by leave. And that means that you would
• 36:11
  have to ask for the Court of Appeals to hear your case.
• 36:15
  They could say no, and that would be the end of that appeal.
• 36:18
  Do you understand that? Yes, Your Honor.
• 36:22
  Has anyone threatened you with anything to get you to plead no
• 36:24
  contest? No, Your Honor.
• 36:28
  Has anyone promised you anything other than what we said here on
• 36:31
  the record today? No your.
• 36:33
  Honor. And is it your own free choice
• 36:36
  to enter this plea? Yes, it is.
• 36:40
  All right. So based on the stipulation of
• 36:43
  parties and the stated reason of the potential civil liability
• 36:48
  given the nature of the charges in this case, the Court finds
• 36:50
  that that's an adequate basis to accept a no contest plea.
• 36:54
  I also did receive, as indicated by Mr. Germert, the the
• 36:57
  transcript electronically. I had a chance to review that
• 37:01
  transcript prior to the hearing today.
• 37:03
  Mr. Ziegler, have you reviewed that transcript?
• 37:07
  Would you agree that the testimony contained within that
• 37:10
  would establish A factual basis for six counts in this case?
• 37:13
  Thank you, Mr. Gurmarthy. Have you done the same?
• 37:17
  Yes, Sir. Would you agree as well?
• 37:20
  And I would all. Right, Mr. Ziegler, Are the
• 37:24
  people aware of any threats, promises or inducements other
• 37:27
  than what's been placed on the record?
• 37:28
  There you are, Mr. Gurmarthy. Are you?
• 37:32
  No. Mr. Ziegler, are the people
• 37:35
  satisfied that the Court has complied with statute in court
• 37:38
  rule in the no contest? Yes, Sir.
• 37:42
  Mr. Gurmarthy. I concur.
• 37:46
  Thank you. Mr. Griffith, the Court finds
• 37:48
  that your plea is knowing and voluntary.
• 37:51
  I'm satisfied based on my review of the transcript as well as the
• 37:54
  stipulation of the lawyers, that there is testimony in that
• 37:58
  transcript that would establish A factual basis for a finding
• 38:01
  that you are guilty of 6 counts. The court will accept your no
• 38:06
  contest plea as to all six. We will set this matter for a
• 38:11
  sentencing hearing. You'll be notified of the date
• 38:13
  and time of that hearing. Between now and then.
• 38:16
  You'll be contacted by the probation department for a pre
• 38:20
  sentence investigation once they prepare that report.
• 38:23
  You'll have an. Opportunity to go through that
• 38:25
  with your attorney and then we'll set this for a sentencing
• 38:29
  hearing. Do you have any questions about
• 38:31
  how we're going to proceed with your case?
• 38:33
  No, you're honorable. And then finally, the Court will
• 38:37
  adjourn the trial that's currently set for February 18th
• 38:41
  through the 20th and light of the plea here today.
• 38:44
  Mr. Germuthie, anything further on your client's behalf?
• 38:48
  2 Two things judge. One, I would like to be present
• 38:51
  at the pre sentence interview with my client.
• 38:53
  I know Miss Wagner and Miss Wilkeron so I know one of them
• 38:55
  will reach out to me to schedule that, but I wanted to just
• 38:58
  inform them that I'd like to be present.
• 39:01
  Second is Judge, I'd like to argue bond on behalf of my
• 39:04
  client bond with the original charges, understanding that
• 39:08
  that's what he was charged with was said I believe about $8
• 39:11
  million. Mr. Griffith has been
• 39:16
  cooperative. He is accepted a plea to the
• 39:19
  felonious assault. I would ask that bond be
• 39:22
  modified accordingly. I would Mr. Griffith.
• 39:25
  There's no prior criminal record.
• 39:27
  I've been in contact with Misty with with Mr. Griffith's wife
• 39:31
  who lives in Kalkaska County, has 2 minor children.
• 39:34
  I think 1 is 2 1/2 and 1 is about 6 months old.
• 39:38
  Mr. Griffith is not a flight risk.
• 39:40
  His property is in Kalkaska County.
• 39:43
  He is a resident of Kalkaska County, has local ties to the
• 39:46
  community through friends and and other individuals to his
• 39:49
  homestead. Suddenly, Mr. Griffith is not
• 39:52
  opposed to being on any sort of GPS monitoring, A tether he
• 39:56
  would abide by with the no contact orders that the court
• 39:59
  would impose. There is no concern of drugs or
• 40:03
  alcohol with Mr. Griffith, but certainly if the court requires
• 40:07
  Mr. Griffith to comply with any pretrial services he would do so
• 40:10
  as well. I would argue that in this
• 40:12
  matter that the bond be set at 20,010% to secure Mr. Griffith's
• 40:19
  appearance at sentencing and Mr. Griffith is going to appear at
• 40:22
  sentencing. I have no issues with with him
• 40:23
  being applied to his judge. Yeah.
• 40:28
  I think regardless of whether the plea is to the 9 counts, 9
• 40:32
  felony counts that were initially charged, of the six
• 40:34
  felony counts that he's pled to, it's clear that this is a
• 40:38
  serious offense. It's an offense that involves
• 40:41
  endangerment of the public and the victims.
• 40:43
  Particularly I do. Agree that a bond.
• 40:46
  Of 8 million. Cash assurity probably would not
• 40:48
  have been warranted had we started with just counts of
• 40:52
  felonious assault, but that's not how this case has.
• 40:55
  Developed. I believe, and you know, the
• 40:58
  guidelines are always subject to the court's approval, but my
• 41:01
  belief is that the guidelines for the felonious assaults are
• 41:04
  going to be 5 to 23. It's very likely that Mister
• 41:08
  Griffith will still have to do some additional time.
• 41:12
  Depending on what? The court's sentence is.
• 41:13
  Obviously. And so I, I don't think that a
• 41:16
  modification of bond at this time is warranted.
• 41:20
  All right. Thank you.
• 41:21
  Mr. Griffith. There's a number of things that
• 41:23
  the court has to take into consideration when it comes to
• 41:26
  the amount and conditions of bond.
• 41:29
  Number one, I think there's been a plea in this case.
• 41:33
  So we're no longer in a pretrial type posture here.
• 41:36
  Mr. Griffith has pled guilty, so it's no longer a question of
• 41:42
  guilt or innocence in this case. I mean, he's pled no contest,
• 41:47
  but he's accepting responsibility for these crimes.
• 41:50
  So I don't find that Mister Griffith would be entitled to
• 41:54
  pretrial release at this time regardless.
• 41:58
  But the court finds that given the nature of these crimes,
• 42:01
  which are assaultive, there are numerous offenses here that
• 42:05
  Mister Griffiths pled no contest to.
• 42:09
  Regardless, regardless of amounts or conditions, the court
• 42:17
  finds that it would be in the interests of public safety to
• 42:20
  have bond remain where it is pending a sentencing hearing.
• 42:24
  In this case, the court also agrees with Mr. Ziegler in terms
• 42:28
  of a potential sentence. If those are the guidelines,
• 42:32
  it's likely that Mister Griffith is just going to continue to
• 42:37
  accrue credit. For.
• 42:39
  A sentence. That he would ultimately be
• 42:40
  required to serve. So for all those reasons, the
• 42:43
  court finds that bond should be a motion for modification of the
• 42:48
  bond should be denied. Bond will remain as set.
• 42:51
  And again, we'll set this matter for a sentencing hearing at the
• 42:54
  court's next available date. So aside from that, Mister
• 43:00
  Gurmurthy, that sentencing hearing will be in person.
• 43:02
  So I'm going to request Mr. Griffith will obviously be
• 43:05
  brought here. I'm going to request that you're
• 43:07
  present here for the sentencing hearing as well, in case he has
• 43:10
  questions or needs to go through things with you.
• 43:13
  That'll be easy to do if you're here.
• 43:15
  In. Light of the original
• 43:17
  information, Mr. Ziegler and the plea agreement here, I'm going
• 43:20
  to ask that you prepare an amended information with the new
• 43:25
  accounts added to that. So that just given the nature
• 43:29
  and the number of charges here, I think it'll be cleaner for the
• 43:33
  file as opposed to trying to just do that.
• 43:36
  For the record, can you get that filed with the clerk's office
• 43:40
  today? I believe so.
• 43:43
  Mr. Ziegler, anything further from your standpoint?
• 43:46
  There you are, Mr. Governor. Anything further today?
• 43:49
  No, Sir, Thank you. OK.
• 43:52
  All right. Thank you.
• 43:53
  That's all for this hearing today.
• 43:55
  Thank you, Judge. OK, a thank you to Austin for
• 44:00
  finding this. I'll read it for those of you
• 44:02
  haven't seen it in the chat, he found context for us that
• 44:06
  explains an $8 million bond and explains why they put this guy
• 44:09
  up in space jail. On Labor Day 2025, Griffith
• 44:14
  allegedly fired approximately 25 to 30 rounds from a firearm at a
• 44:18
  group of eight off road vehicle riders passing by his property.
• 44:23
  As great granny put it, a mass on a living attempt.
• 44:29
  So some serious stuff. So thank you Austin, for finding
• 44:33
  that and providing us some context.
• 44:35
  It makes all sorts of sense now as to why he's up in space jail.
• 44:38
  They want him as far away as can be.
• 44:43
  Looks like Judge Oakley has returned.
• 44:45
  Let's go back there. Good morning, Your Honor.
• 44:50
  Jacob Lecky appearing on behalf of the People, P88400.
• 44:54
  Good morning. Good morning to your staff.
• 44:56
  Neighborhood Defenders Service by Ken Riggins, P82125 on behalf
• 45:00
  of Mr. Dennis Mccarter, who is here via Zoom.
• 45:03
  Mr. Mccarter, can you state your name for the record, please?
• 45:06
  Dennis. Mccarter, Junior.
• 45:08
  Thank you, gentlemen. Yeah, the date is date and time
• 45:11
  set for a probable cause confidence matter.
• 45:13
  I have the bulk of the discovery I did indicate this is a police
• 45:19
  officer positioning instruction causing injury to a Nathaniel
• 45:23
  Sims. I don't have any medical
• 45:25
  documentation. From Mr. Sims.
• 45:26
  I'm Doctor Renette. I'm a cardiology Dr. cardiology
• 45:30
  fellow. Go ahead.
• 45:34
  What's been going on? I'd love to sure try it again.
• 45:42
  Yeah, again. Yeah, again, today's date time
• 45:50
  set for a probable cause matter and this matter.
• 45:53
  I do have the bulk of the discovery.
• 45:55
  I do have digital. I do have paper.
• 45:57
  However, this is a police officer resisting, obstructing,
• 45:59
  causing injury to an officer, Nathaniel Sims.
• 46:03
  I do see that Mister Sims did go to the doctor's office for this
• 46:08
  injury. We'd like to have a copy of any
• 46:10
  doc diagnosis that the doctor the office made.
• 46:16
  Mr. Lackey. And judge, you know, I can't
• 46:20
  guarantee that by exam next week, but we will start the
• 46:23
  request. As you know, there are, you
• 46:24
  know, HIPAA laws that are involved and require me to get
• 46:27
  the disclosure from the OR permission from the officer.
• 46:30
  So it's going to take some time. However, you know, we, we have
• 46:34
  enough to proceed to exam. John.
• 46:35
  All right, so we're going to leave the exam 10:30 next week.
• 46:41
  Yeah, the only problem I have, I do have a trial schedule next
• 46:45
  week for Tuesday, Wednesday and Thursday.
• 46:48
  It may be done by Wednesday. This.
• 46:52
  This exam is scheduled. Tuesday.
• 46:55
  Yeah, it's Tuesday, Wednesday and Thursday at the trial.
• 46:59
  OK, so you're are you asking for I'm confused.
• 47:01
  I thought you guys wanted to leave this date on and we were
• 47:03
  going to talk about bonds. So now you're telling me you
• 47:05
  want to adjourn the exam date? No, I said I wanted to.
• 47:09
  I was asked did I want to go on the did I want to leave the date
• 47:13
  and I said no, I wanted to go on the record because.
• 47:15
  So. So you need another day for
• 47:17
  exam. I do need another date.
• 47:19
  OK. All right.
• 47:20
  Have you fellas talked about when you're both available on a
• 47:23
  Tuesday, Judge, it doesn't really matter for me, but I was,
• 47:28
  I thought we were keeping the date.
• 47:29
  So sounds like a thing. So, Mr. Riggins, give me, give
• 47:32
  me the next Tuesday. You're available.
• 47:34
  I'm available the 17th. I'm sorry, yes, I'm available on
• 47:39
  the 17th at 11:30. And it is that with us, Heather.
• 47:47
  The 17th? No, wait a minute, the 17th is
• 47:52
  Judge Martin for. Exam.
• 47:55
  All right, so February 17th, 11:30 in the morning.
• 47:58
  Judge Martin. OK, why not give you some more
• 48:01
  time to work on those medical records?
• 48:04
  Thanks, Judge. All right.
• 48:06
  And. Mr. Riggins, what?
• 48:07
  We're going to talk about Bond. Yes, Johanna.
• 48:10
  All right, so. Let's make sure we're all on the
• 48:11
  same page with the current bond. 10,010% no third party contact
• 48:18
  with Jasmine Mccarter and not to return to a Seminole court
• 48:22
  address. GPS tether.
• 48:24
  I, that's what's in the file. I'm assuming that's all of it.
• 48:27
  Yes, Johanna. OK, go ahead, Council.
• 48:30
  Yeah, I'd like to point out Miss McCarthy is on Zoom.
• 48:33
  She contacted my office is it is Miss Mccarters intention not to
• 48:37
  go forward with any charges related to her.
• 48:40
  That would be the flung assault and the domestic violence
• 48:44
  charge. I do know that she spoke with
• 48:46
  the prosecutor as well as the supervisor and indicated the
• 48:49
  same to them, that she had no intention of moving forward with
• 48:52
  the charges against her. I do.
• 48:54
  And I spoke with Mr. Mccarter to let him know that the police
• 48:57
  officer positioning obstructing charge would continue forward.
• 49:00
  But as far as the case, if Miss Mccarter does not move forward,
• 49:06
  I do not believe that she believes, and again, that's why
• 49:09
  she's here, she does not believe that he's a threat or a danger
• 49:13
  to her. The honor Mr. Mccarter was
• 49:16
  employed or is employed, He is employed by Woodbridge
• 49:19
  Industries and he is the father of two children.
• 49:24
  Mr. Mccarter and Miss Mccarter have been together for, I
• 49:27
  believe, almost 18 years at this point.
• 49:31
  I don't think a cash bond as far as any officer is necessary.
• 49:37
  So we are therefore asking for a personal bond in this matter.
• 49:41
  Mr. Lucky, Your Honor, where I understand them, Miss Mccarter
• 49:49
  may not want to go forward. Today when I talked to her, when
• 49:52
  I authorized the report, she did.
• 49:55
  And we know how things change in domestic violence cases.
• 50:01
  One person's desire to go forward may change.
• 50:05
  That comes the next day. However, I do want to, you know,
• 50:08
  make the court aware also that this is a habitual 4th offender.
• 50:11
  This is not his first time from the justice system.
• 50:13
  This is not his first time going through this.
• 50:18
  So he's aware. I mean, he's he's been charged
• 50:20
  with a count or been convicted of a count of home invasion,
• 50:23
  possession of a weapon by a felony is also resisting and
• 50:26
  instructing a police officer. Those are mostly violent crimes.
• 50:31
  This is a violent individual and we don't think that any bond
• 50:34
  should be amended and definitely not a personal bond.
• 50:37
  And if he's to release I, I would still ask for the tether
• 50:40
  to prevent any intimidation where if this victim does choose
• 50:43
  to change her mind, that she be given the full opportunity to do
• 50:47
  so without the defendant's interference.
• 50:50
  Mr. Riggins, anything else? Yes, Your Honor, as to Mr.
• 50:53
  Mccarter's record, I did look into his record.
• 50:56
  So his conviction for home evasion was almost 20 years ago,
• 51:02
  you know, and he had a religion obstruction 8 years ago.
• 51:05
  So, yeah. And my client has not been in
• 51:07
  trouble in quite a long time. And again, as to the tether,
• 51:11
  that's why I asked Miss Mccarter to appear via Zoom because she
• 51:15
  can address whether or not she feels any fear.
• 51:17
  I I will disclose to the court with my client permission.
• 51:20
  He does have some, he does have some mental health issues that
• 51:25
  he is currently getting treatment for.
• 51:27
  In addition, the day that this happened, Mr. Mr. Mccarter was
• 51:30
  under influence of alcohol. So again, I don't, I think that
• 51:34
  this night was a one off. This was not a situation that
• 51:39
  that is normal behavior for Mr. Mccarter as I see him today
• 51:43
  versus what I saw in the video. He is a totally different
• 51:46
  person. I don't think he's a danger to
• 51:47
  anybody at this point. OK.
• 51:49
  All right. So yes, all right.
• 51:57
  So as far as the 10,010%, I think that's a reasonable bond
• 52:01
  even if we don't have the charges with Miss Mccarter.
• 52:05
  I'm going to leave that as is. If Miss Mccarter wants me to
• 52:07
  change the no contact order, then I'm happy to hear from her
• 52:10
  on that and I can delete that reference.
• 52:14
  But I don't think $1000 to post is too onerous And and Judge, if
• 52:23
  I may do I can I pause the Court One more moment?
• 52:27
  If when I do. Miss Mccarter.
• 52:29
  Is ask him to. Speak all right, but bring her
• 52:33
  in. She's in Miss Mccarter, just on
• 52:36
  mute. Thank you.
• 52:38
  OK, Miss. Mccarter good.
• 52:41
  Do you want me to change the no contact so that you can have
• 52:44
  contact with Mr. Mccarter? Yes, I would like the no contact
• 52:48
  change. And the no return to the address
• 52:51
  on Seminole. You want me to drop that as
• 52:52
  well? I'd like that dropped as well
• 52:55
  too. Gentlemen, anything to add,
• 52:58
  Judge, just in that fact, I think if this is an alcohol
• 53:02
  incident, I think an alcohol tether would be appropriate then
• 53:05
  in place of AGPS tether. We'll talk about that if he
• 53:07
  posts. Yeah.
• 53:11
  And again, I I think that $1000 does represent a hardship to my
• 53:15
  client. So I just actually reconsider
• 53:17
  the personal. I would with respect, Mr.
• 53:19
  Riggins, I heard your arguments the first time around.
• 53:29
  Then I have nothing further to add.
• 53:30
  You know there's. No way that can.
• 53:32
  Be reduced from $1000. Not by me, not today.
• 53:40
  Have a good day, folks. Thank you, Judge.
• 53:43
  Mr. Mccarter, can you let them know to bring Mr. Edison on,
• 53:47
  please? OK.
• 53:48
  Thank you. Thank you.
• 53:49
  Thank you. Ron.
• 53:50
  Judge, we're ready on Artuzzo. Artuzzo.
• 53:54
  Artuzzo, ARTUSO. Thank.
• 53:56
  You. No problem, I'll come see you
• 53:58
  soon. Appearance is on Artuzzo.
• 54:05
  Did I look? Sorry, Miss Pilkowitz is gone.
• 54:09
  What do you guys got? I was waving a advanced PCP.
• 54:14
  Look, give me a name first so I can pull the file while you're
• 54:16
  talking. Gentlemen, your appearance is on
• 54:22
  Adams. Good blind, you're on them.
• 54:24
  I'm loving them again. James Jeremiah E6O60 on behalf
• 54:29
  of Mr. Adams, who's president of my reference.
• 54:32
  Thank you. And you were to waive.
• 54:34
  All right. Mr. Adams, did you discuss your
• 54:36
  rights and options with your attorney?
• 54:39
  You understand all those. You understand the purpose for a
• 54:42
  preliminary exam. You understand if you enter a
• 54:47
  waiver that means you're going to go downtown for your next
• 54:49
  court date, It won't be at the District Court level.
• 54:51
  Where? We're at now.
• 54:53
  And you're doing all this freely and voluntarily.
• 54:55
  It's your decisions, gentlemen. You're satisfied with the
• 54:58
  waiver? Yes, Sir.
• 55:00
  AOI is 2 weeks out from today, 9:00 AM.
• 55:02
  Anything else to bond? Y'all are not computer.
• 55:08
  Good luck downtown, Mr. Adams. Council.
• 55:10
  I've got signatures for the two of you.
• 55:13
  You're welcome. And then we're ready on Pfizer.
• 55:19
  All right. Did you lose Artuzzo?
• 55:23
  No, I pilkowich just jump back on.
• 55:34
  Hey, go ahead. Can you get sick of those and
• 55:40
  then get the file to girl? I'm sorry, Heather.
• 55:43
  Who's ready? Pfizer.
• 55:45
  Pfizer. B.
• 55:47
  As in boy EI. Oh, B, thank you.
• 55:51
  I'm looking for Pfizer like the drug company.
• 55:53
  Right. Appearance, not Bizer.
• 55:55
  Where did he go now? Heather, you're not, you're not
• 55:59
  keeping track of your people very well.
• 56:01
  I'm not. I don't see Mr. Bizer.
• 56:03
  He was downstairs on Zoom. OK, well, sorry, we can do Mr.
• 56:07
  Artuzzo now. Who are you, Mr. Biden, standing
• 56:12
  in front of me? Thank you.
• 56:14
  OK. Good morning.
• 56:16
  Good. Who's your attorney?
• 56:19
  I'm here, Your Honor. Good morning, Your honor.
• 56:21
  Joshua Newshan appear on behalf of Jeffrey Beiser, who's present
• 56:24
  in the courtroom. Thank you.
• 56:29
  Who's? Prosecuting this one.
• 56:31
  Good morning, Your Honor. Jacob Leckey appearing on behalf
• 56:33
  of the people. P88400.
• 56:35
  All right, What are we doing? Good.
• 56:38
  Your Honor, at this time, we're going to waive Mr. Beiser's
• 56:41
  right to have the exam within 21 days.
• 56:43
  I request another PCC. How far out you want to go?
• 56:50
  You're on a couple weeks, but I'm out of town the week of the
• 56:53
  16th and I have an exam set on the 24th of February.
• 56:59
  I get you to the 31st. No, March 3rd.
• 57:05
  March 3rd Perfect. That will.
• 57:09
  Be there. I'm on the wrong month.
• 57:10
  Yeah. PCC.
• 57:13
  Mr. Lucky. March 3rd sounds great, Judge.
• 57:15
  I'm always here. What time, Heather?
• 57:18
  9:30. Who's that with?
• 57:21
  Judge Patton. That'll be Zoom, gentlemen.
• 57:26
  Thank you, your honor. And your Honor, if I could just
• 57:28
  ask about the no contact order in place, Mr. Advise?
• 57:33
  Hold on just a minute. I don't know anything about the
• 57:34
  bond. Let me find it looks like
• 57:43
  there's a no contact with Mackenzie Kelly or 163 Birch in
• 57:47
  Sumter. Your Honor, I was wondering if
• 57:49
  the court would change it to no assault or threatening contact.
• 57:55
  Mr. Bizer is running out of places to stay right now at the
• 57:58
  moment and doesn't have a vehicle, and financially it's
• 58:02
  hard for him to be able to continue to stay outside of the
• 58:08
  residence. Do we have Miss Kelly or have
• 58:11
  you talked to Miss Kelly, Miss, Like Mr. Lackey?
• 58:13
  I have Judge but she is here if the court would like to hear
• 58:16
  from her. The people and her have an
• 58:18
  opposite position so sure send her in.
• 58:21
  You got her out in the hallway, where she at?
• 58:23
  No, I think she's on Zoom. Actually.
• 58:25
  Oh. Yep, bringing her in.
• 58:29
  Thanks. Hello.
• 58:35
  Miss Kelly, go ahead and activate your camera if you can,
• 58:37
  please. OK, just a moment.
• 58:39
  Sorry. Good morning.
• 58:46
  Good morning. How are you?
• 58:47
  Wonderful. There's currently a no contact
• 58:49
  order between you and Mr. Bizer and he's been ordered not to go
• 58:53
  back to 163. Birch, do you want me to lift
• 58:56
  those two orders? Please.
• 58:58
  You want you want him to become come back to that address and
• 59:01
  you're OK having contact. Yes, I want.
• 59:04
  Him. Home.
• 59:04
  All right, I'll change it to a from no contact and not to harm,
• 59:08
  harass or confront. That means further problems
• 59:10
  between the two of you. If you're at fault, that
• 59:12
  violates the bond. Understood.
• 59:14
  All right. Anything else, gentlemen?
• 59:16
  No, Your Honor. Thank you, John.
• 59:27
  Heather, are we going to give a notice to Mr. Bizer?
• 59:30
  Yep, I'm doing it right now. All right, Mr. Bizer, just have
• 59:33
  a seat. We'll get you a paper notice for
• 59:35
  that new coordinate on March 3rd.
• 59:37
  And Jeff, I'll give you a call later today.
• 59:40
  OK. Thank you, Jeff.
• 59:41
  Thank you, Judge. Miss Kelly, you have any
• 59:43
  questions? Yes, When does that?
• 59:46
  Go into effect. When is he able to return home?
• 59:50
  When he leaves here, perfect. Thank you so much.
• 59:54
  You're welcome. Have a good you.
• 59:56
  Got anything else ready? All right, let's change it up,
• 1:00:02
  continue in Michigan, but let's see what's going on with Judge
• 1:00:05
  Middleton. Johnny, did they give you an
• 1:00:09
  advice of rights for? Documento contract.
• 1:00:14
  We've been back on. Sunday 2.
• 1:00:18
  Como. El Documento conference
• 1:00:21
  director. Apparently.
• 1:00:28
  Not. All right.
• 1:00:38
  Did they give you a piece of paper with some information
• 1:00:41
  about the hearing in Spanish? All right.
• 1:00:56
  No, they didn't give you an advice or rights.
• 1:01:00
  All. Right.
• 1:01:04
  Did anyone threaten you to try to get you to plead guilty to
• 1:01:06
  this charge? No, no.
• 1:01:14
  Or threaten you to try to get you to plead.
• 1:01:17
  No at. One time.
• 1:01:25
  Did you have a license in the state of Washington?
• 1:01:30
  Washington No. All right.
• 1:01:35
  No. Do.
• 1:01:37
  You understand that if you plead guilty to the charge, you'll be
• 1:01:43
  giving up your right to have a trial.
• 1:01:45
  There will not be a trial in front of a judge or.
• 1:01:48
  Jury. The. 2 minutes that they've
• 1:01:54
  given them advice or rights. No.
• 1:02:06
  If you had a trial, you'd have the right to have an attorney.
• 1:02:09
  I could appoint an attorney for you if you ask me.
• 1:02:13
  If you. Had a trial, you would have the
• 1:02:29
  right to testify on your own behalf.
• 1:02:34
  And I don't have a money to pay a lawyer, he says.
• 1:02:44
  All right, well, I could appoint one for free.
• 1:02:57
  If you had a trial, you'd have a right to have any of the
• 1:03:00
  witnesses testify. Against you.
• 1:03:19
  You. Have the right to be presumed
• 1:03:23
  innocent. It.
• 1:03:35
  Is not likely, but this could affect your residency status as
• 1:03:40
  a misdemeanor. Were you driving a car in the
• 1:03:57
  early morning hours of January 13th?
• 1:04:01
  Este manajandum biculo temprano pola manana El tres De Niro si
• 1:04:08
  yes. And you're going from Three
• 1:04:10
  Rivers to your work in Constantine.
• 1:04:15
  The Three Rivers esta trabajo Constantine.
• 1:04:22
  Yes, a lemon Trabajo. Yeah, we went to work.
• 1:04:26
  You borrowed somebody's car to do that.
• 1:04:33
  Yes, yes, to go to work. And you don't have a valid
• 1:04:43
  driver's license. No tango.
• 1:04:50
  No, I don't have one. All right, the fine is $100.
• 1:04:57
  When I went and. There is $125.00 of cost that go
• 1:05:04
  to the state of Michigan. OK, I will pay.
• 1:05:18
  All right. Do you have the money to pay
• 1:05:19
  that today or do you need time? To pay it.
• 1:05:29
  I will pay today. Very good.
• 1:05:32
  Move in. How did you get here today?
• 1:05:36
  Como como vino hi. You can't drive.
• 1:05:50
  No, no postman. So you can't drive back to
• 1:05:55
  three? Rivers No.
• 1:06:00
  If you do, we'll stop you on your way to Three Rivers and
• 1:06:04
  invade that car. Let's ask a general question,
• 1:06:10
  'cause he 'cause he says Suen El Cochin El Carino in Manejo
• 1:06:13
  State, Loana restar en El Camino senior.
• 1:06:17
  So you. Gonna get it.
• 1:06:18
  Right. All right, very good.
• 1:06:25
  I can't fix it. You don't have the ability to
• 1:06:32
  get a license and I can't give you.
• 1:06:49
  Yeah, all right. The court officer is going to
• 1:06:51
  take you out and you can pay the.
• 1:06:53
  Fine. And then you.
• 1:06:54
  Call somebody to come get you. Don't drive away from here or
• 1:06:58
  you'll get arrested on your way back home.
• 1:07:01
  And they'll impound. Your car and you'll go to jail
• 1:07:04
  and it will not be. Good.
• 1:07:05
  So you need to understand you can't drive anymore.
• 1:07:26
  OK. All right.
• 1:07:36
  You go with the court. Officer.
• 1:07:38
  Do I need to come back here? He's got to go out and pay the
• 1:07:50
  fine and then he's free to call somebody to come get him.
• 1:07:54
  No, my friend. Is going.
• 1:08:10
  To come and get me. Very good.
• 1:08:13
  Let me ask you again, did anyone threaten you to get you to plead
• 1:08:16
  to this charge? No.
• 1:08:26
  No. All right, I promise you
• 1:08:27
  anything. Right.
• 1:08:42
  Well, he's mixed up anyway. Just go with the officer and you
• 1:08:48
  can pay the fine and then you can have somebody come pick you.
• 1:08:54
  Up no I I came. My friend gave me a ride today.
• 1:09:10
  Very good. All right, you go with this.
• 1:09:14
  Gentleman and you can copay you're.
• 1:09:18
  Not coming back here, right? No.
• 1:09:21
  All right, very good. No, yeah, all.
• 1:09:29
  Right. We're going to segue into Pablo.
• 1:09:33
  I still need you for Jordan's case, Paul.
• 1:09:37
  I think we're done with public defender cases for about.
• 1:09:44
  All right, thank you. All right.
• 1:09:49
  The next matter is people versus Rhonda and Moser.
• 1:09:53
  File number is 2688 FY. Miss Moser is here with us by
• 1:10:01
  Zoom from the jail. Her lawyer, Mr. Tim George, is
• 1:10:05
  here with us. Miss Moser, can you hear me?
• 1:10:31
  Yes, I can. All right.
• 1:10:37
  I saw this when you got arrested and was disappointed.
• 1:10:44
  You're charged with possession of methamphetamine as a drug
• 1:10:49
  double and operating while intoxicated as a third offense.
• 1:10:55
  Operating while intoxicated as a third offense as a felony
• 1:10:59
  punishable by up to five years in prison and 6 points and a
• 1:11:11
  fine of up to $5000 in the suspension of your license, your
• 1:11:16
  charge as a second habitual offender, which makes that
• 1:11:19
  punishable by up to 7 1/2 years in prison and the drug double
• 1:11:24
  would make it up to 30 years in prison.
• 1:11:28
  So it's not good I'm. Here with your lawyer.
• 1:11:33
  Mr. Tim George and Chief Assistant Prosecuting Attorney
• 1:11:37
  Joshua Robert. Mr. George indicates you're
• 1:11:43
  going to waive the preliminary examination, have the matter
• 1:11:47
  bound over to Circuit Court, and excuse me, and but he wants to
• 1:11:56
  address your bond. Is that correct, Mr. George?
• 1:11:59
  That's correct. Your Honor.
• 1:12:02
  We have my client executed the written waiver yesterday at the
• 1:12:06
  jail. I provided that to the
• 1:12:07
  prosecutor. The offer in this case would
• 1:12:10
  contemplate A plea to the OWY charge and a reduction of the
• 1:12:16
  possession charge to a use and dismissal of individual offender
• 1:12:19
  notice. My client indicates that she's
• 1:12:21
  not currently on probation or parole.
• 1:12:24
  I think one of the big concerns that she has is she is currently
• 1:12:28
  doing online schooling through the University of Phoenix.
• 1:12:32
  If she remains in custody, is not able to get a hold of
• 1:12:35
  individuals at that school and she's concerned that she's going
• 1:12:37
  to lose the ability to continue on with that.
• 1:12:40
  The magistrate set the bond amount in $50,000 cash or
• 1:12:44
  surety. That's clearly an amount that my
• 1:12:46
  client is not able to meet. We would ask the court to
• 1:12:49
  consider whether a 1010% provision would be appropriate
• 1:12:52
  in this case. I did talk to my client about
• 1:12:56
  the likelihood that if she were to be released on some type of
• 1:12:59
  bond that she would have to comply with pretrial services.
• 1:13:01
  She indicates that she's amenable to that.
• 1:13:04
  That could include testing, tether, whatever the court would
• 1:13:08
  believe would be appropriate under the circumstances.
• 1:13:10
  So we would just ask the court for that consideration.
• 1:13:12
  And just so Your Honor knows, she did provide me an updated
• 1:13:16
  address that's different than what's on the complaint, so I
• 1:13:19
  can provide that. To the court as well, thank you.
• 1:13:22
  The address we had was Kalamazoo.
• 1:13:27
  Where are you staying, Miss Moser?
• 1:13:30
  Hospital Drive. All right.
• 1:13:36
  With who? Whitney.
• 1:13:39
  WP Von Traeger. It's my daughter's husband's
• 1:13:45
  mother. With your daughter's mother?
• 1:13:50
  Husband's mother? Oh.
• 1:14:08
  All right, this is charged as a third offense drinking driving
• 1:14:14
  charge. This is a rollover accident with
• 1:14:19
  a .196 blood alcohol level, also methamphetamine.
• 1:14:31
  And they had trouble getting you out of the car.
• 1:14:36
  You are not in good shape. Your license is also suspended.
• 1:14:41
  You also have 5. 130. $6 worth unpaid fines and costs for
• 1:14:50
  previous driving suspended from 21.
• 1:14:55
  I reminded you about it in November of 2025, disobeying a
• 1:15:00
  traffic control device and a speeding ticket.
• 1:15:07
  Mr. O Bear, what's your position regarding the defendants?
• 1:15:12
  So I think this is a case where we do have to worry about the
• 1:15:14
  safety of the public. She has three prior OWI
• 1:15:17
  convictions, 2 in Michigan. One in Indiana, so this is her
• 1:15:21
  4th. OUIL.
• 1:15:24
  The one in Indiana was in 2021. That's the most recent.
• 1:15:29
  In that case, she was also charged with and convicted of
• 1:15:32
  methamphetamine. So it looks like she has 2
• 1:15:36
  problems, methamphetamine and alcohol in both of these cases
• 1:15:41
  and display the convictions in 2021 and whatever sentence was
• 1:15:45
  imposed, she's continued with both of those habits.
• 1:15:48
  So we worry about her getting out and the danger she posed to
• 1:15:53
  the community. So we would ask the.
• 1:15:55
  Court to leave bond words out. Mr. Gibson, do you have an input
• 1:16:07
  on this? Is is the bond?
• 1:16:11
  What is the current bond? This is No, this is Mr. George's
• 1:16:14
  client. Oh, OK.
• 1:16:15
  I'm sorry. Yeah.
• 1:16:16
  You don't have it. You don't need.
• 1:16:17
  Is there another? One that we need.
• 1:16:19
  To do no. We're under felonies, OK?
• 1:16:34
  None. At one time all of the OUIL
• 1:16:55
  thirds were just automatically set at $50,000.
• 1:16:59
  Can't really do that anymore. But this one the magistrate felt
• 1:17:05
  it was an issue of public safety.
• 1:17:08
  She does have a bad driving record.
• 1:17:10
  It is her 4th. Drunk driving conviction This
• 1:17:13
  was a rollover accident. She was suspended.
• 1:17:19
  She pled to driving suspended in front of Judge Patterson on
• 1:17:30
  January 21st from November, apparently just took care of
• 1:17:41
  that. I think she failed to appear.
• 1:17:43
  Let me look at that. She got a ticket on July 6th of
• 1:17:54
  2024. She failed to appear in January.
• 1:18:04
  No, you can set Rhonda. You had that driving suspended
• 1:18:08
  from 2004. You'd failed to appear on
• 1:18:11
  several different occasions. You didn't deal with it until
• 1:18:16
  after you got arrested, so you had an open war for your arrest
• 1:18:20
  at the time you were arrested. Your license is suspended.
• 1:18:25
  It's a fourth drinking driving conviction with a rollover
• 1:18:28
  accident, a high blood alcohol level, and also a second or
• 1:18:32
  subsequent possession of methamphetamine.
• 1:18:35
  You also have $536 worth of previous unpaid fines and costs.
• 1:18:41
  So the motion to reduce the bond.
• 1:18:49
  It is denied. You're not working, you're
• 1:18:53
  sleeping on your daughter's mother in
• 1:19:11
  You're going to get credit for all the time you're served, but
• 1:19:14
  I'm not going to reduce the bond.
• 1:19:16
  All right, I'll do an order. Sir.
• 1:19:23
  I only have 56 credits to get my Bachelor of Psychology, so I've
• 1:19:28
  been going to college. That's good.
• 1:19:32
  It's not like I just. For court, you had an open
• 1:19:34
  warrant for your arrest and you're out rolling your car over
• 1:19:38
  the .19 blood alcohol level. There's a consequence.
• 1:19:45
  All right, Jordan, I got Pablo. In the waiting room.
• 1:19:50
  Yeah, actually, just put in the chat.
• 1:19:51
  You need a psychologist. Perhaps I find it ironic that
• 1:19:54
  she's studying psychology but can't keep her own life
• 1:19:57
  together. I'm not sure I would want her
• 1:19:59
  advising others. Just my opinion.
• 1:20:01
  Anyways, good morning once again, everybody.
• 1:20:03
  TCF live. Good to have you all here.
• 1:20:07
  Let's go to Texas. We've been in Michigan long
• 1:20:09
  enough. Judge Stevens.
• 1:20:22
  You know, just tell everybody. Are you Jamie and Johnson?
• 1:20:46
  You're charged with a second degree felony of aggravated
• 1:20:50
  assault causing serious bodily injury, and this carries with it
• 1:20:57
  up to 20 years in prison. What?
• 1:20:58
  Are we going to do today? He and I just visited the smart
• 1:21:02
  before I stop, I'm going to ask him for every two or three weeks
• 1:21:05
  to review discovery with him and and offering see if we can
• 1:21:08
  destroy that me tell you this. I don't like what I read here.
• 1:21:15
  Let's see somebody enters the barbershop.
• 1:21:25
  You began punching him in the face.
• 1:21:28
  You're going to interrupt me or do you want to be held in
• 1:21:31
  contempt of court? I can put you in jail for
• 1:21:35
  interrupting the court. I know you're probably the kind
• 1:21:37
  of person that butts into everybody else's statements and
• 1:21:41
  interrupts and tries to control the situation, but it's not
• 1:21:44
  going to work. That's against the rules.
• 1:21:46
  Do you understand? You should have learned that
• 1:21:49
  when you were a young child. I'm speaking, and the law says
• 1:21:53
  when I'm speaking, you can't interrupt the judge.
• 1:21:55
  You're going to have a fair opportunity.
• 1:21:56
  This lady has to take everything down.
• 1:21:59
  What reporter? If she can't do it because you
• 1:22:00
  interrupt, you go to jail. Is that clear?
• 1:22:04
  It's going to read to you what the probable cause affidavit
• 1:22:07
  that states. May I interject something wrong?
• 1:22:10
  No, it was captured on video. It shows you.
• 1:22:16
  It shows a man entering the vendor shop and then says you
• 1:22:25
  could be heard saying this type of shit.
• 1:22:28
  We do roll up on have the goddamn Barber shop.
• 1:22:34
  It's on video and audio. I can't understand what not in
• 1:22:39
  this, not on my watch. Is this foul mouthed racial
• 1:22:47
  epitaph going to be allowed? Do you understand?
• 1:22:51
  Not on my watch. We're all created equal.
• 1:22:57
  Did you ever hear that? I create?
• 1:22:59
  You didn't, We learned that early in school.
• 1:23:04
  We were all created equal. What we make of her.
• 1:23:12
  But apparently you assaulted and the person has a fracture jaw
• 1:23:18
  was transferred to Herman Memorial Hospital.
• 1:23:20
  But this that is, and it's all on video, it States.
• 1:23:25
  And audio. And your honor, he was actually
• 1:23:27
  the one video in it. He did not.
• 1:23:29
  Actually see. The defendant.
• 1:23:32
  Yes, the Co defendant the. Co defendant is the one who
• 1:23:34
  actually. Was doing the.
• 1:23:36
  Punching, but it is all on video.
• 1:23:38
  They both went in together and yes.
• 1:23:39
  Mr. Johnson. He essentially was encouraging
• 1:23:43
  him. They walked in the Barber shop
• 1:23:45
  and he was videoing it as they're.
• 1:23:46
  Going all foul mouthed. That is Mr. Johnson.
• 1:23:55
  You're not threatened people and much less in a public place and
• 1:23:59
  views racial epitaphs. You should have learned better
• 1:24:06
  somewhere along the line anyway. It carries with it.
• 1:24:09
  It's a serious crime. It carries with it up to 20
• 1:24:12
  years from prison. What are you asking for?
• 1:24:14
  Two or three weeks to review discovery?
• 1:24:16
  So we said two or three races. By the way, you were ordered to
• 1:24:20
  have no contact with the victim nor anyone on your behalf.
• 1:24:25
  If I find out you do, your bond will be revoked and you'll sit
• 1:24:28
  in jail until this is you understand?
• 1:24:31
  Yes, Sir. I don't know where the victim
• 1:24:33
  is, but you can't have any contact with the victim.
• 1:24:37
  Do you understand that? And or anyone on your behalf?
• 1:24:41
  I find out about it. The warrant will be issued so
• 1:24:44
  fast you won't be able to get out of the country.
• 1:24:47
  And your honor, if I could, I would request AGPS monitor if he
• 1:24:50
  doesn't already have one, just to the victim actually suffered
• 1:24:55
  a broken jaw and I think it was $47,000 in medical bills.
• 1:24:58
  So I know the the parents, they're very upset and scared.
• 1:25:02
  For whatever's damage is caused, the person who causes them will
• 1:25:07
  be ordered to pay. If you don't, you go to jail.
• 1:25:13
  It's the way we fix messes that are caused by irrational,
• 1:25:17
  irresponsible, OK, the request of the state is granted you've
• 1:25:28
  got 48 hours to get AGPS device and have it so we know where you
• 1:25:32
  are at all we'll. Point out if I might.
• 1:25:35
  He's a high school student. He doesn't really have his
• 1:25:38
  family or any means to afford. I'm sorry.
• 1:25:41
  He's a he's treated as an adult and if, and we're all held
• 1:25:45
  through as we're an adult, we're all available if we make you
• 1:25:49
  responsible acts we have to pay prices for and that's all.
• 1:25:54
  If you didn't know that before, welcome to maturity and the
• 1:25:58
  adulthood. You're responsible for your
• 1:26:01
  actions. It's the way it is.
• 1:26:04
  And you pay prices. I mean, you're irresponsible.
• 1:26:07
  Get a reset, Reset, resetting and wait for Ashley.
• 1:26:15
  Is it autumn's autumn? Yes, it should be really soon.
• 1:26:21
  25 CR 1864 Good morning. Just.
• 1:26:25
  Folks, I got to step out of the studio for a few minutes.
• 1:26:27
  I'm just going to leave you with Judge Stevens.
• 1:26:29
  I'll be back shortly. Charged.
• 1:26:41
  That's you, ma'am. Ashley Owens.
• 1:26:43
  Yes. You're charged with a second
• 1:26:44
  degree felony of aggravated assault with a deadly weapon,
• 1:26:48
  which carries with it up to 20 years in prison.
• 1:26:54
  And who is the victim in this case?
• 1:27:01
  What relationship do you have to the victim?
• 1:27:03
  He was my name. You don't have.
• 1:27:08
  You cannot by. Rules.
• 1:27:11
  Have any contact with him until this is over with, nor anyone on
• 1:27:16
  your behalf. Like find out about it.
• 1:27:19
  You'll be put in jail until this ends, you understand, because we
• 1:27:23
  get too much of that. People costs, commit crimes,
• 1:27:27
  then they're going out trying to influence the victims and that
• 1:27:32
  is severe wrongdoing. You're going to have to deal
• 1:27:37
  with this and everything is free, frozen.
• 1:27:40
  You don't go out and do back door speaking with victims.
• 1:27:45
  Victims cannot be communicated to by the wrongdoers or else you
• 1:27:51
  get in trouble or anyone on the wrongdoers behalf.
• 1:27:53
  Exactly. OK, Miss Producers, your
• 1:27:58
  attorney, what do you do today? I just asked her for a couple of
• 1:28:00
  weeks. She got her thing with her.
• 1:28:03
  There's resetting. Stephen Salgado.
• 1:28:06
  You can wait for me on following.
• 1:28:10
  Was somebody? Was somebody cut with a knife?
• 1:28:12
  Yes, Sir. What?
• 1:28:14
  What was their interest? Some stab wounds down the head.
• 1:28:19
  I don't have all of them, but that's that's it's it's
• 1:28:21
  stabbing. You're shaking your head.
• 1:28:24
  Oh, he's oh, the stab wounds were made-up.
• 1:28:27
  He's he's stabbing himself. Yeah.
• 1:28:30
  We'll deal with it later. OK.
• 1:28:32
  Who is this? Salgado.
• 1:28:34
  Salgado. He's not speaking English.
• 1:28:37
  We're all not speaking English Now we've got a rash of that all
• 1:28:41
  of a sudden. His sister's here, Your Honor.
• 1:28:46
  You got. Her thank you.
• 1:28:50
  She is a she's a licensed translator and that's what we
• 1:28:54
  need here. Please raise your right hand and
• 1:28:58
  please tell us your full name for the record, EALLEDILLO and
• 1:29:06
  thank you for being here. You saw this will affirm you'll
• 1:29:08
  Julian accurately translate from Spanish to English, English to
• 1:29:12
  Spanish, which is the language that the defendant Stephen
• 1:29:16
  Salgado speaks Spanish and you will translate his answers from
• 1:29:21
  Spanish into English. So all of us in the court
• 1:29:24
  reporter can hear our English in questions for him into Spanish,
• 1:29:28
  the language he speaks his native tongues.
• 1:29:32
  Will you do that accidentally correctly.
• 1:29:33
  So help me to thank you. You were Stephen Salgado.
• 1:29:39
  Yes, I'm. You are charged with the third
• 1:29:43
  degree felony of operating a motor vehicle while intoxicated.
• 1:29:49
  Do you understand? Yes.
• 1:29:52
  Furthermore, the indictment here states that you have two far
• 1:29:56
  more prior DWI convictions. This third one makes a third
• 1:30:07
  degree thousand. You are looking, if convicted,
• 1:30:12
  no less than two nor more than years in prison and a fine up to
• 1:30:18
  $10,000 can be assessed. Do you understand?
• 1:30:22
  Yes. All right, Mr. Dusler here.
• 1:30:25
  Is your attorney correct? Yes, Go ahead, Judge.
• 1:30:33
  We're going to ask for a couple of weeks on him as well.
• 1:30:36
  We think we have an acceptable offer that's going to include
• 1:30:39
  safety as well and he's check with his work and see how that's
• 1:30:43
  going to affect it. I think we're going to get it
• 1:30:45
  resolved a couple of weeks. No, she's just what happened on
• 1:30:51
  this October 19th, 2023 case that was out of County Court Law
• 1:30:58
  2 of Jefferson County. October 19th, 2023.
• 1:31:04
  Yes, Sir. You've received 30 days jail
• 1:31:07
  time. Just flat 30 days.
• 1:31:09
  Yes, Sir. OK, because it commits this on
• 1:31:13
  April 20th, which is going on almost two years.
• 1:31:17
  Yes, Sir. The blood test on this, as I
• 1:31:22
  know you like to know, is .168 twice the legal end.
• 1:31:28
  And. That's all factored in as to why
• 1:31:31
  I feel like he just needs. I'm going to give him probation
• 1:31:35
  as long as he goes to safe. I want to address some problem
• 1:31:39
  is your address. Do you still live at 3349 5th
• 1:31:43
  St. in Port Arthur? You cannot operate a motor
• 1:31:52
  vehicle unless you have an interlock device.
• 1:31:57
  If you do you are in trouble your your bond could be revoked
• 1:32:03
  and you could be placed in jail. Until we get this finalized do
• 1:32:08
  you understand? Follow your lawyers advice get
• 1:32:21
  every setting. Thank you, DeMarcus Roy.
• 1:32:34
  Why did he prefer going to Harding families?
• 1:32:37
  I don't think he chose. Oh, he didn't chose.
• 1:32:40
  What do you want to? Do what's happy going to give
• 1:32:44
  it. I'll go.
• 1:32:46
  I won't go and pick him up. No.
• 1:32:49
  But I will go. I thought you were a full
• 1:32:51
  service attempt. Unfortunately, I had noon time.
• 1:32:56
  OK, how much? What do you want to do for the
• 1:32:57
  broad reset? Just reset 2 weeks, 33 done.
• 1:33:03
  Thank you. Robert Chaison.
• 1:33:09
  Take care of all that, I'm going to help.
• 1:33:11
  You be not here. Robert Chaison is called 25 CR
• 1:33:16
  1/8 through five. There is no answer here in the
• 1:33:19
  courtroom. I asked the bailiffs to please
• 1:33:21
  call into the Hall Club. Robert Chaison.
• 1:33:24
  No answer in the courtroom. We're going to get your ball
• 1:33:26
  revoked. Wouldn't be the first one this
• 1:33:30
  morning. No, no.
• 1:33:31
  And won't be the last. Yeah, last name.
• 1:33:33
  But maybe the last morning. Yeah.
• 1:33:38
  God bless you. Thank you.
• 1:33:40
  Which your son says splashed up. No response to the name called
• 1:33:47
  in the courtroom. No response to the defendant's
• 1:33:50
  name. Robert E Chaison here.
• 1:33:52
  End of the hall by the bailiff. Defendant has failed to appear.
• 1:33:55
  A warrant shall be issued for his arrest, his bond, which was.
• 1:34:03
  20,000 on. Thanks.
• 1:34:07
  Sorry, he does have two cases 1845 assault on a peace officer
• 1:34:11
  and 25 CR 1846 the third degree felony of harassment of a public
• 1:34:17
  servant. They were how much on each OK
• 1:34:21
  and each of those all here by a double $40,000 on each case is
• 1:34:28
  now ordered as the defendants bond.
• 1:34:30
  Plus he must have a G PS: device on him at all times so we know
• 1:34:35
  where he is when he's not. It's supposed to be, but won't
• 1:34:37
  be issued. Looks like that's all we have.
• 1:34:42
  There's nothing else? No.
• 1:34:44
  Nobody has anything else up here.
• 1:34:47
  And so we're going to just move on.
• 1:34:50
  Anything else other than anything Mr. Crenshaw?
• 1:34:53
  OK. Melvin.
• 1:34:54
  Espanol. Espanol.
• 1:35:01
  I I think I'm pronouncing his name correctly.
• 1:35:03
  Espanol. Espanol.
• 1:35:05
  I'm doing better. I have the experts with us
• 1:35:10
  today, so I'm. I'm trying to do my best.
• 1:35:16
  Oh yeah, 3 syllables versus 2. Mr. Bullet, would you please
• 1:35:21
  print a discovery? Yeah, yes.
• 1:35:25
  It's. Right over here, Sir, you're
• 1:35:27
  going to do and we'll need. Yes, yes, it's Mr. Rodriguez
• 1:35:34
  that does not. He's next.
• 1:35:38
  You're right over 1. More now please.
• 1:35:43
  Same one. You please?
• 1:35:48
  Yeah, you go see an answer. All right, go.
• 1:35:52
  Ahead. You're Mr. Espanade?
• 1:35:56
  Yes, Sir. Is that you?
• 1:35:57
  OK, Melvin Javier, Espanade. Espanol is in Spanish.
• 1:36:06
  Espanade. I know, but what does that
• 1:36:09
  translate to in English? Oh yeah.
• 1:36:17
  You 2 work together as a team. You'll do a lot of damage that
• 1:36:20
  way. You'll do warriors.
• 1:36:27
  Oh, in the back. Oh, it's spines Espanade.
• 1:36:32
  But it's close to Espanol there. You go.
• 1:36:36
  Which was kind of had me all right.
• 1:36:42
  Espanol, 23 CR 440 is called. Mr. Espanol was present with his
• 1:36:51
  attorney, Mr. Crincher, on the stones.
• 1:36:52
  Attorney. Sir, as you know, you were
• 1:36:54
  charged with the third degree felony of operating a motor
• 1:36:58
  vehicle while intoxicated. What bothers me is.
• 1:37:03
  This is the. 6th 1 I've got 5 fire convictions of DWIS and now
• 1:37:13
  this one that they taught me it it was 42 gloves schools.
• 1:37:19
  You've got 5.1. Is this your 6th 1?
• 1:37:27
  You have a conviction in 2008 from Harris County, a conviction
• 1:37:34
  in 2009 from Harris County, a conviction in 2010 from Harris
• 1:37:39
  District Court in Harris County, 2018 in District Court of
• 1:37:43
  Brazoria County, and in a different cause number in 239
• 1:37:48
  District Court, another conviction out of Brazoria
• 1:37:52
  County. All five of those four, DW is
• 1:37:56
  operating mobile vehicles while intoxicated.
• 1:37:58
  And now this one, that's up. I think you resulted 2 in 2009
• 1:38:02
  at the same time, Judge so. But it's six separate offenses
• 1:38:06
  is what I'm saying. What is there a problem here?
• 1:38:09
  There is, Judge, what are we going to do?
• 1:38:11
  He's had some. Pretty substantial treatment
• 1:38:15
  while this case has been pending.
• 1:38:17
  We were hoping that would make enough of an impression to get
• 1:38:19
  probation, but it was not, and so we're here for a detention.
• 1:38:24
  Does he waive formal reading of this indictment?
• 1:38:27
  Can we proceed in Summit? He does your own.
• 1:38:29
  In summary, Sir, this indictment in paragraph one alleges that
• 1:38:33
  honor about September 24th, 2022.
• 1:38:36
  God, that took a long time to get here.
• 1:38:39
  Well, I think. The arrest was either during
• 1:38:41
  COVID or right after COVID and I don't know, 20.
• 1:38:45
  I thought COVID was 2021. In September 24th, 2022 in
• 1:38:50
  Jefferson County, Texas, you operated a motor vehicle in a
• 1:38:53
  public place while you were intoxicated.
• 1:38:56
  Do you understand what you're charged with in paragraph block?
• 1:39:00
  That's bad enough, but paragraph two goes on to allege 5 fire
• 1:39:04
  convictions. We're going to only do a couple
• 1:39:06
  of them, OK? Among other convictions, this
• 1:39:10
  alleges that in paragraph 2 that on February 26th, 2008, and
• 1:39:16
  cause number 1491795 out of County Criminal Court at law #13
• 1:39:21
  of Harris County, you were convicted of an offense relating
• 1:39:25
  to the operating of a motor vehicle while intoxicated.
• 1:39:31
  Well, that really doesn't work, does it it?
• 1:39:34
  That's not worded right. You must you have to be
• 1:39:38
  convicted of an offensive operating a motor vehicle while
• 1:39:41
  intoxicated. This is relating to.
• 1:39:43
  I mean, there could be a that's not worried about.
• 1:39:47
  Can we abandoned? Were related judge Yeah, pull
• 1:39:53
  the ground relating to the OR take out so
• 1:40:06
  convicted of an offense operating of a motor vehicle
• 1:40:09
  while intoxicated. How's that?
• 1:40:12
  No objection? In fact, I'm adding of here.
• 1:40:19
  Do you understand what this states,
• 1:40:33
  Sir? Yes, Sir.
• 1:40:40
  And and then also the second allegation in paragraph 2, but
• 1:40:51
  the five allegations states that on April 1st, 2009, in 1563111
• 1:40:57
  in the county Criminal Court of law #13 of Harris County, you
• 1:41:00
  were convicted of an offense relating to the operating of a
• 1:41:03
  motor vehicle while intoxicated. And I guess
• 1:41:18
  just add up take relating to the out and corrected that way.
• 1:41:22
  Any objection to that? It's done.
• 1:41:31
  OK. So do you understand what you're
• 1:41:37
  charged with in these two paragraphs?
• 1:41:40
  This constitutes a third degree felony, which means we were
• 1:41:44
  facing no less than two, no more than 10 years confinement in
• 1:41:47
  prison and a fine up to $10,000. Can be obsessed.
• 1:41:50
  Do you understand? Listen.
• 1:41:55
  Hilarious we have to have so many prosthesis just to do this.
• 1:42:04
  Because these new paths operate completely differently.
• 1:42:12
  If you touch anything, it dismisses it, erases it.
• 1:42:19
  Do you're facing a term of not more than 10 years or less than
• 1:42:22
  two years in prison? In addition, a fine may be
• 1:42:24
  assessed not to exceed $10,000. Do you understand?
• 1:42:27
  Yes, Sir. An agreement has been reached in
• 1:42:29
  your case. Remind me, you've got to sign
• 1:42:32
  this court at the bottom of this page that you would be pleading
• 1:42:38
  guilty, sentenced to three years in prison.
• 1:42:40
  Is that your understanding of the agreement?
• 1:42:42
  You have to speak out. Yes, Sir.
• 1:42:45
  If I follow this, you have no right of appeal.
• 1:42:47
  Do you understand? Yes, Sir.
• 1:42:49
  How do you plead to paragraphs one and two of this
• 1:42:53
  Enlightenment charge and given this third degree felony of
• 1:42:55
  operating a motor vehicle in public place while intoxicated,
• 1:42:58
  guilty or not guilty? Yes.
• 1:43:00
  Are you pleading guilty voluntarily on your own free
• 1:43:05
  will and because you are guilty? Yes, Sir.
• 1:43:09
  OK, I'll show you what's marked as State's exhibit one there.
• 1:43:11
  Did you sign that document voluntarily?
• 1:43:13
  Understand it? Discuss it with your attorney.
• 1:43:14
  Are the contents true and correct?
• 1:43:16
  Yes. State's Exhibit 1 tendered
• 1:43:17
  intent, no objection without objection admitted.
• 1:43:21
  Among other things, that states you are mentally competent to
• 1:43:23
  enter your guilty plea. It's freely and voluntarily make
• 1:43:26
  you go. You understand what you're
• 1:43:33
  charged with. You were guilty of the crime
• 1:43:34
  charts and any lesser included offenses.
• 1:43:36
  You are giving up your rights to a jury trial and the rights to
• 1:43:39
  the apparent complication. Cross examination of witnesses
• 1:43:41
  totally satisfied with the representation provided for your
• 1:43:44
  lawyer. All true.
• 1:43:45
  So help you go Jason Stacey exhibit one part of the record
• 1:43:49
  for all purposes pre sentence report is waive deal.
• 1:43:51
  Wait drunk. I am going to follow this
• 1:43:53
  agreement. There's nothing further to add.
• 1:43:55
  And fine, Sir, you have pleaded guilty voluntarily.
• 1:43:58
  You are mentally competent to do so.
• 1:44:00
  You understand and appreciate the consequences of pleading
• 1:44:03
  guilty. There's sufficient evidence
• 1:44:05
  supporting your guilty plea from State's Exhibit 1 here admitted
• 1:44:08
  to find you guilty beyond a reasonable doubt.
• 1:44:10
  And I now find you guilty beyond a reasonable doubt based upon
• 1:44:14
  your plea and this representation on State's
• 1:44:17
  Exhibit 1, and I'm following this agreement.
• 1:44:21
  You were hereby sentence to confinement and the
• 1:44:24
  Institutional Division of the Practice Department of Criminal
• 1:44:27
  Justice to serve a term of three years as you have pleaded.
• 1:44:33
  Correct me if I'm wrong. Guilty to paragraph one and true
• 1:44:37
  to paragraph 2 which alleges the fire BWI convictions.
• 1:44:41
  Is all of that accurate and true?
• 1:44:43
  Is there? Anything else?
• 1:44:46
  Is he taking into custody immediately?
• 1:44:48
  Well, I'm assuming that's the only option.
• 1:44:50
  Is there another option? Sometimes there isn't.
• 1:44:53
  Depends on the circumstances. You know, if they're cooperating
• 1:44:56
  with you know what I mean? I don't know if he is or not.
• 1:45:04
  He's asking to turn himself in tomorrow.
• 1:45:09
  You can. Done.
• 1:45:11
  Is that the deal with? My car.
• 1:45:13
  Yeah. You signed.
• 1:45:14
  In on the order yesterday, Judge.
• 1:45:15
  So he's going to get that. Interlock removed.
• 1:45:17
  Yeah. That's because that's going to
• 1:45:19
  run up a bill and he'll surrender to the county jail
• 1:45:21
  tomorrow. That's the the others state
• 1:45:25
  that's. Good.
• 1:45:28
  Under under these circumstances. OK, great.
• 1:45:30
  Thank you. Judge, is there a time tomorrow
• 1:45:34
  by 6:00 PM is that we'll go on before 12 or two?
• 1:45:38
  What is it, 2 or there's? Something about the afternoon.
• 1:45:42
  I know, I know. Before 2 o'clock 2:00.
• 1:45:46
  And after probation, it's before 6.
• 1:45:56
  Okie dokie friends, let's stay in this building.
• 1:45:59
  But we'll go next door and say good morning to Judge West.
• 1:46:04
  Not judge. Good morning.
• 1:46:07
  Are you Jeremiah Branch? Good.
• 1:46:10
  And Mr. Branch was previously for inner pleas of guilty and
• 1:46:13
  cause numbers 25 DCCR 1382 and 1385.
• 1:46:19
  And I've I received the precedence report.
• 1:46:22
  Has everyone had an opportunity to review the report?
• 1:46:26
  Any additions or corrections? All right, Mr. Branch, I am
• 1:46:34
  going to find that you entered your plea of guilty in each case
• 1:46:37
  freely and voluntarily, and cause #25 DCCR 1382 find
• 1:46:43
  sufficient evidence to find you guilty.
• 1:46:45
  However, I'm going to follow the agreement that you made and
• 1:46:48
  defer all proceedings and place you on probation for 10 years.
• 1:46:52
  You're ordered to pay a $500 and fine in that case and to follow
• 1:46:56
  all of the rules and conditions. And I'm going to go over some
• 1:46:58
  specific ones in just a minute. And then in cause #25 DC CR1385,
• 1:47:04
  also find sufficient evidence to find you guilty, but follow the
• 1:47:07
  agreement that you made and defer all proceedings and place
• 1:47:10
  you on probation for 10 years. You'll also be ordered to pay a
• 1:47:13
  $500 fine in that case and to follow all of the rules and
• 1:47:17
  conditions of probation. A couple of specific things that
• 1:47:22
  you're going to be required to do 1 is to enter and
• 1:47:25
  successfully complete the JCDI program.
• 1:47:27
  That's an outpatient intensive program for drug treatment.
• 1:47:31
  So it's to be able to give you the tools to stop using whatever
• 1:47:35
  drugs you're using, stay clean so that you can be successful in
• 1:47:39
  your probation. Also, I know you've already gone
• 1:47:43
  and I think have some relationship with spindle talk
• 1:47:46
  and you're going to be required to continue all of that.
• 1:47:49
  That's part of your probation. Obviously, that's something that
• 1:47:51
  you need to make sure you also can be successful, OK.
• 1:47:55
  If you do everything you're supposed to and successfully
• 1:47:57
  complete these probations, this is an excellent opportunity
• 1:48:00
  today because you do not have these felony convictions on your
• 1:48:03
  record. And at the end of the probation
• 1:48:05
  period, if you're successful, the cases will actually be
• 1:48:08
  dismissed and you'll never have convictions on your record.
• 1:48:12
  The other side to that, though, is if you violate any condition
• 1:48:15
  of probation, you can be brought back into court.
• 1:48:17
  You can be found guilty in each case, and you could be sent to
• 1:48:20
  prison for anywhere between two years and up to 20 years.
• 1:48:23
  Do you understand? All right, in each of your
• 1:48:25
  cases, I'm handing you the trial court certifications that shows
• 1:48:29
  that this these were agreements that I followed.
• 1:48:31
  And so you have waived your right to appeal.
• 1:48:34
  I will sign dismissals in clause numbers 25, DCCR 1383 and 1384
• 1:48:41
  as part of that plea agreement as well.
• 1:48:43
  All right. Good luck to you, Sir.
• 1:48:45
  I can go back with the bailiff. Say Bruce Stewart, Mr. Kemmler.
• 1:49:42
  There's no 30 day. I thought they kept her for 30
• 1:49:46
  days. Kept her work.
• 1:49:47
  That's where she goes. That's what happened last time,
• 1:49:56
  yeah. All right.
• 1:50:01
  And are you Ruth Stewart? This is clause #25 DCCR 1692.
• 1:50:08
  I'm going to take judicial notice of the Court's file and
• 1:50:11
  includes an evaluation that was prepared and done by Doctor
• 1:50:15
  Hamza regarding competency to stand trial.
• 1:50:18
  That report is dated December 16th of 2025 and the finding in
• 1:50:25
  that report is that Miss Stewart is not competent to stand trial.
• 1:50:30
  Is there any other evidence with regard to competency?
• 1:50:35
  I think based on that report, I am going to find Miss Stewart
• 1:50:39
  not competent to stay in trial order that inpatient treatment
• 1:50:43
  is required for competency restoration, Order that she be
• 1:50:47
  sent to the appropriate facility for a period of not to exceed
• 1:50:50
  120 days from the day she gets there for competency restoration
• 1:50:54
  and then we will await a report from whatever facility that is.
• 1:50:59
  All right. You can go back with the bail.
• 1:51:02
  Yeah. You've got a Namie kid, Naomi.
• 1:51:20
  The sentencing. If you'll give us just a second
• 1:51:31
  on. The key.
• 1:51:32
  Something worked out. He's got a total.
• 1:51:34
  Sentence to be serving. That's what I was wondering.
• 1:51:36
  I have a note, wondering what the status of that was.
• 1:51:39
  OK, all right, I'll just hold it while y'all take care of that.
• 1:51:46
  We're going to hold. We're going to hold him for a
• 1:51:47
  minute. Barbara, thank you for the $5.
• 1:51:59
  Ellie just celebrated that by jumping on my shoulders, so
• 1:52:02
  thank you. Karina,
• 1:52:20
  morning. Good morning to everyone other
• 1:52:25
  than people who are leaving us kidding.
• 1:52:37
  Couple other couple more blocks. Good morning.
• 1:52:44
  Are you Raul Karina? And Mr. Carino's case is set for
• 1:52:47
  trial to begin with jury selection this coming Monday.
• 1:52:50
  And what is the announcement? The Honor state is ready for
• 1:52:53
  trial, although there's a witness that I really do need to
• 1:52:55
  put on our case and is unavailable.
• 1:53:00
  Well, you can't be ready and need a witness too, so either
• 1:53:04
  you can. Either you're ready or not.
• 1:53:06
  We need that witness. OK.
• 1:53:09
  It's a lab, animal DNA lab. OK.
• 1:53:13
  And she'll be out all week. She what?
• 1:53:15
  She told me when she was unavailable to travel and
• 1:53:17
  testify. Mr. Matuska.
• 1:53:30
  OK. And whatever.
• 1:53:32
  Scheduling. That needs to do that I can.
• 1:53:35
  Accommodate the courts, OK. Obviously, since Mr. Carino's in
• 1:53:40
  court in custody, I want to try to get it tried as quickly as
• 1:53:43
  possible. I'll reset it off of this trial
• 1:53:46
  docket to the next available trial docket if there's any
• 1:53:49
  change, and that's obviously before any change that's going
• 1:53:53
  to take place. Just let me know and we'll get
• 1:53:56
  somebody that can jump in as quickly as possible.
• 1:53:59
  Mr. Carino, I'll get your case set as quickly as possible, but
• 1:54:02
  I'm going to give the state one reset so that they can try to
• 1:54:05
  get that witness. OK.
• 1:54:06
  All right, You can go back with the bailiff.
• 1:54:07
  Thank you. Yes, Sir.
• 1:54:08
  And. What?
• 1:54:13
  You mentioned yesterday would be an issue.
• 1:54:14
  Oh, he does good. OK, so OK, good.
• 1:54:19
  Perfect. Don't have to have an issue.
• 1:54:21
  Michael Victoria, Mr. Smith and Mr. Mctuska.
• 1:54:27
  This is the one you were saying that's so old for some reason.
• 1:54:30
  Yeah. Yeah, he.
• 1:54:34
  Was. In federal.
• 1:54:35
  Custody for a long. Time and we just forgot about
• 1:54:40
  it, decided not to indict it or not get it.
• 1:54:44
  We just didn't go get him. All right, so you're Michael
• 1:54:56
  Victoria, and Mr. Victoria is charged with murder in each of
• 1:55:01
  cause numbers 2136410 and 2136411.
• 1:55:06
  And what is the announcement? Your Honor, my.
• 1:55:10
  Plan to. File a motion withdrawal this
• 1:55:12
  week on this. There's quite a bit of evidence.
• 1:55:15
  I've talked about Smith. I'm going to provide that.
• 1:55:21
  So Mr. Victoria and Mr. Matuska is going in a different
• 1:55:26
  direction, and so he's going to have to file and get off of most
• 1:55:30
  of his cases over here. So what I'll do is we will have
• 1:55:33
  somebody prepared this week to appoint as soon as he gets that
• 1:55:37
  file that can get kind of caught up.
• 1:55:39
  I know there's a lot of discovery and Mr. Matuska is
• 1:55:42
  going to get that to the court. We'll get that to whoever we
• 1:55:45
  appoint and they'll begin preparation real quick and be
• 1:55:47
  out to see you within a week or so.
• 1:55:49
  OK. You can go back with the
• 1:55:50
  bailiff. No, he'll he'll follow on that
• 1:55:57
  one too, because it's. Great, Granny.
• 1:56:00
  Thank you for the $2.00. Appreciate that Ellie rules the
• 1:56:03
  chat and Dan, a lot of truth there for sure.
• 1:56:08
  Let's let's go back to Judge Stevens, new contestant or not,
• 1:56:16
  because he just pulled his feed. We'll stay with Judge West.
• 1:56:20
  Were you hired on on David Greer?
• 1:56:23
  OK. Are you ready to announce?
• 1:56:28
  I'll hold it. Mr. Parker, you have Maria
• 1:56:34
  Gutierrez. Oh, I don't have it yet.
• 1:56:39
  I'm recalling in just a minute when it's ready.
• 1:56:53
  OK, no, just. It's.
• 1:57:05
  Right in the middle of the middle.
• 1:57:15
  I don't know if it's even come there.
• 1:57:17
  Do you see Mary Maria Gutierrez stuff?
• 1:57:20
  Oh, OK, that's OK. It's all good.
• 1:57:26
  Mr. Parker on Jacoby and Dorsey. Go ahead.
• 1:57:55
  TRN. Mr. Coleman, good morning.
• 1:58:06
  You're Jacoby and Dorsey and Mr. Dorsey and cause #25 DCCR 1896,
• 1:58:13
  you're charged with a second degree felony offense of
• 1:58:15
  manslaughter from November 17th of 2025.
• 1:58:19
  And what that means, Sir, is that if you go to trial and
• 1:58:21
  you're found guilty, the range of punishment would be between
• 1:58:24
  two years and up to 20 years in the institutional division of
• 1:58:28
  the Texas Department of Corrections.
• 1:58:30
  Your Honor, it's my understanding he has a fire
• 1:58:32
  funds conditions enhanced to 1st.
• 1:58:36
  That. Is the way.
• 1:58:37
  Well, it's not. Indicted.
• 1:58:40
  That way, judge, but I will. He's seeking a.
• 1:58:43
  Repeat of finger. I'll be filing a repeat of
• 1:58:45
  that's that's I wrote first degree on there because and
• 1:58:48
  there's some confusion. He also explains that his
• 1:58:51
  underlying conviction is on appeal.
• 1:58:52
  I believe that's what he tells me.
• 1:58:54
  So I don't. I told him I would check for the
• 1:58:57
  court to make sure that's right 5 to 99 or 2 to 20, because I
• 1:59:00
  didn't know the status of all the other stuff.
• 1:59:02
  If it's on appeal, then potentially that could be an
• 1:59:05
  issue with regard to it being a final conviction.
• 1:59:07
  So what can happen is if that appeal, once it's complete and
• 1:59:14
  if they affirm that verdict in that conviction and at that
• 1:59:20
  point, this would then potentially become for
• 1:59:24
  punishment purposes enhanced to a first degree felony.
• 1:59:28
  If that conviction becomes final.
• 1:59:30
  And I don't really know, you know, the final conviction date
• 1:59:36
  if that creates an issue because of the appellate process.
• 1:59:41
  Judge and I don't know the answer to that.
• 1:59:42
  Question. Yeah.
• 1:59:43
  Being familiar with this defendant, I've tried him next
• 1:59:46
  door. Involving.
• 1:59:48
  Several Co defendants several years ago.
• 1:59:53
  OK. He actually was on probation
• 1:59:55
  over there for cooperating with us for aggravated robbery
• 1:59:58
  involving. Adjacent.
• 2:00:00
  Murder. He received 30 years on that
• 2:00:02
  revocation. I went back and double checked.
• 2:00:04
  And I'm sorry to. Interject double check that
• 2:00:06
  date, that hearing and that revocation was before this
• 2:00:11
  office state he had actually gone to Jefferson County Jail
• 2:00:14
  and was waiting on his 30 year sentence of TDC when?
• 2:00:16
  This offense occurred. And with that being said.
• 2:00:19
  Judge the state will also be seeking to the extent.
• 2:00:22
  The law will allow us. To stack any sentence, in this
• 2:00:24
  case on. Top of that 30 years.
• 2:00:28
  He's already filed the. Paper that 30 year sentence
• 2:00:31
  though is the one that was is on appeal.
• 2:00:35
  OK. So I guess that's the question
• 2:00:38
  would? Be that the decision that was
• 2:00:41
  made that was. Then it would go back to the
• 2:00:43
  conviction date. That would tend to be what I
• 2:00:48
  would think, but we would obviously have to do a little
• 2:00:50
  bit of research to double check. And so I think that the most
• 2:00:56
  thorough way to do this is for you to understand that if that
• 2:01:01
  conviction is affirmed by the Court of Appeals, then it would
• 2:01:06
  appear that the conviction date then goes back to when that
• 2:01:10
  original conviction was, which was prior to the date of this
• 2:01:13
  offense. And therefore it could enhance
• 2:01:17
  your punishment to that first degree felony if you go to a
• 2:01:21
  jury and they find that you're guilty and they find that
• 2:01:24
  conviction true, which means your minimum punishment would be
• 2:01:27
  5 years instead of 2 up to 99 years or life in prison.
• 2:01:31
  Do you understand in addition, if it's affirmed prior to any
• 2:01:37
  trial date or anything like that and you're found guilty, Mr.
• 2:01:42
  Coleman can ask that any sentence that a jury gives you
• 2:01:46
  be stacked on top of or run consecutive to that 30 year
• 2:01:49
  sentence. He's already filed that
• 2:01:51
  paperwork, Judge. OK.
• 2:01:52
  And that decision would be up to the court or up to me.
• 2:01:55
  So if you're found guilty, that could be a potential punishment
• 2:02:00
  in addition to yours. Is that whatever the jury gives
• 2:02:02
  you? I could stack on top of that 30
• 2:02:04
  year sentence. Do you understand all of that?
• 2:02:07
  I'm sorry speak up And I have a plea bargain rejection that
• 2:02:11
  you've signed here with Mr. Parker that shows that the
• 2:02:14
  District Attorney's office has made an offer if you wanted to
• 2:02:16
  enter a plea of guilty to go on just the count of manslaughter
• 2:02:21
  itself for a 20 year term in the institutional division and that
• 2:02:27
  would be to run concurrently not that would be stacked that.
• 2:02:30
  Would be. Stacked.
• 2:02:31
  At least that's the offer as it stands.
• 2:02:34
  The state will entertain the counter offer.
• 2:02:37
  Why don't? Yeah, I mean, that's OK.
• 2:02:41
  I can't. Yeah.
• 2:02:41
  I don't know why anybody would accept that offer.
• 2:02:45
  So do y'all want to visit a little bit more about this?
• 2:02:48
  And. Before I put it on a trial
• 2:02:50
  docket. I can, I can talk to him.
• 2:02:52
  About let let me hold it y'all visit a little bit about that
• 2:02:56
  before I take this to the trial docket.
• 2:03:13
  Miss Perazzo, you have Jose Lopez Pamas.
• 2:03:23
  Good morning. Good morning, Sir.
• 2:03:25
  How are you? Would you please raise your
• 2:03:28
  right hand? Do you swear or affirm that you
• 2:03:29
  will truthfully and accurate, accurately translate from
• 2:03:32
  English to Spanish to Spanish to English to help you God?
• 2:03:34
  Thank you. Thank.
• 2:03:36
  I think we're going to move on. Translator hearings take
• 2:03:39
  forever. And one day, let's go to parole
• 2:03:43
  board, see what's going on in Louisiana.
• 2:03:45
  February 3rd, 2026. My name is Cheryl Renata.
• 2:03:50
  I'm serving the Spirit today's panel and my colleagues today on
• 2:03:54
  the panel are Mr. Chucky Tillis and Mr. Steve Prater.
• 2:03:59
  And our first remote location this morning is at Raymond
• 2:04:02
  Laboir Correctional Center. Good morning with.
• 2:04:04
  Warden. Would you and your staff please
• 2:04:06
  introduce yourself to the Record Morning Deputy Warden Stephen
• 2:04:10
  Bordelon? Good morning, I am the trip.
• 2:04:13
  Nurse here, Andy McKnight. Raven Heath.
• 2:04:16
  Classification, Melissa Joshua records.
• 2:04:19
  All right, thank you. And we have Mr. McRae for us
• 2:04:24
  this morning. And Mr. McRae, let me just read
• 2:04:27
  some identifying information and I guess he can communicate.
• 2:04:31
  OK. How you doing Mr. McRae this
• 2:04:33
  morning? OK.
• 2:04:36
  Good, ma'am. Well, let me just read some
• 2:04:38
  identifying information into the record Sir, and and you can tell
• 2:04:41
  me if it's accurate or not. You are Lonnie McCray.
• 2:04:45
  Your DOC numbers 446055. You're currently serving a 10
• 2:04:52
  year sentence for aggravated battery out of East Baton Rouge.
• 2:04:56
  Parish you were. Sentenced in November of 2023.
• 2:05:00
  What you are, your parole eligibility date is January of
• 2:05:04
  2027. But you're here this morning
• 2:05:07
  because the facility has recommended you for medical
• 2:05:10
  parole. Is all that sound accurate to
• 2:05:13
  you, Sir? Yes, ma'am.
• 2:05:15
  All right. Thank you.
• 2:05:17
  So I guess. Warden.
• 2:05:19
  Either you or Miss McKnight, can you just give us a synopsis of
• 2:05:24
  his health condition and if there is a suitable facility
• 2:05:29
  will undertake? Him.
• 2:05:32
  Oh, yes, ma'am. I'll give Miss McKnight to you.
• 2:05:35
  It's kind of elaborate, a little bit more on his medical
• 2:05:37
  condition. I'll just say from my part, you
• 2:05:39
  know, he, he, he come to us in September.
• 2:05:42
  You know, initially it was he was up for a medical furlough at
• 2:05:47
  that time. He was approved for a nursing
• 2:05:49
  home, but I think that had expired.
• 2:05:51
  But I did talk to our records department.
• 2:05:53
  That's something that can be reinstated and approved, you
• 2:05:57
  know, if he is granted today. But if you want to know anything
• 2:06:02
  else regarding his medical condition, I get Miss McKnight
• 2:06:04
  to explain so. So let me, let me, let me.
• 2:06:08
  So he's listed on our records, I guess, as a medical parole, but
• 2:06:12
  it's a medical treatment furlough.
• 2:06:14
  Is that what y'all are? No, ma'am.
• 2:06:17
  OK. All right.
• 2:06:18
  Miss McDonough, can you just give us a rundown of his
• 2:06:22
  situation? Yes, ma'am.
• 2:06:24
  Last May he was diagnosed with patriotic cancer.
• 2:06:28
  These past month to two months, his condition has declined
• 2:06:32
  rapidly. He is total care.
• 2:06:35
  He needs assistance for transferring from.
• 2:06:37
  Bed to. Wheelchair going on trips.
• 2:06:40
  He is now. Wheelchair bound, he needs
• 2:06:43
  assist just to turn in bed. The only thing he's able to do
• 2:06:46
  is actually feed himself, but he has total care.
• 2:06:51
  OK. And and in the information that
• 2:06:54
  that we were provided, the life expectancy is less than a year.
• 2:07:00
  Yes, ma'am, He has a poor prognosis.
• 2:07:03
  This is a terminally ill disease that he has.
• 2:07:07
  OK. And what, what do you, what is
• 2:07:11
  the residence plan? Do you know?
• 2:07:16
  It would be the Harmony House, a nursing home in Shreveport.
• 2:07:22
  They had accepted him back in October.
• 2:07:25
  But you know, a lot of time it's passed.
• 2:07:26
  So we're going to resubmit that. But they had already accepted
• 2:07:30
  him. His treatments are also in
• 2:07:31
  Shreveport that he's receiving. Yes, ma'am.
• 2:07:34
  He goes every two weeks to EA Conway for his physician
• 2:07:39
  follow-ups, his cancer treatments.
• 2:07:41
  He has one next week is his next schedule OK?
• 2:07:45
  And I don't have any other. Questions.
• 2:07:49
  Do my colleagues have any other questions?
• 2:07:51
  I don't have any. All right.
• 2:07:53
  I think that based on the information that was submitted
• 2:07:56
  to us and that which we've heard today, we're prepared to vote
• 2:07:59
  and I'll vote first. And by the way.
• 2:08:02
  Thanks for the video, that was very helpful.
• 2:08:04
  The my vote today would be to grant the medical parole to the
• 2:08:10
  medical facility once he's accepted.
• 2:08:14
  I concur, Mr. Crater. All right, so we'll we'll get
• 2:08:18
  that to you. And if y'all work with the
• 2:08:20
  Harmony House, we'd appreciate it.
• 2:08:21
  Good luck to you, Mr. McRae. Thank you.
• 2:08:24
  All right. So yeah, that seems like a no
• 2:08:28
  brainer, right? Move there.
• 2:08:30
  He's terminal. Let's get him into a nursing
• 2:08:32
  home and let him finish out his final days as comfortably as
• 2:08:37
  possible. Let's continue our efforts for 9
• 2:08:41
  to 11% more Judge Boyd. Here I've got mine.
• 2:09:17
  Oh, thank you. Just give me one moment.
• 2:09:19
  I'm filling up Odyssey. All right, The court is calling
• 2:09:28
  2022 CR 6941 state versus Crystal Cherry.
• 2:09:33
  Can I have parties announced? Oren Wolf from Miss Cherry.
• 2:09:38
  And are you Miss Cherry? Yes, ma'am.
• 2:09:40
  Did you review the document entitled Motion to enter
• 2:09:43
  adjudication of guilt and revoke community supervision with your
• 2:09:45
  attorney and did you understand it?
• 2:09:47
  Yes, ma'am. Are you the same Krista Colleen
• 2:09:49
  Cherry who's placed on deferred adjudication IN2022CR6941 for
• 2:09:55
  the offense of assault of a public servant on January 30th,
• 2:09:58
  2023 for a period of two years and extended for one year, Is
• 2:10:02
  that you? Yes, ma'am.
• 2:10:05
  All right, State you may proceed.
• 2:10:06
  Are you condition? Number. 4IN Bear.
• 2:10:08
  COUNTY, Texas. The defendant, Crystal Colleen
• 2:10:11
  Cherry. If that in there.
• 2:10:13
  Failed to report supervision officer as directed for the
• 2:10:16
  month of September, October 2025 in violation of two members.
• 2:10:22
  How do you plead to that? Sure or not true?
• 2:10:25
  Any objection? No, you're right.
• 2:10:36
  Did you understand by pleading true to violation of condition
• 2:10:38
  #4 the court could find it true, grant the motion and revoke you
• 2:10:44
  and sentence you up to 10 years in the prison?
• 2:10:46
  Yes ma'am. Knowing that, do you still wish
• 2:10:49
  plead true to violation of condition #4 Questions.
• 2:10:52
  Court will find violation of condition number four true.
• 2:10:56
  Is there a proposed agreement or recommendation from the court?
• 2:11:01
  All right, state, what are you requesting?
• 2:11:03
  Question you'd like to put in your honor and send me three
• 2:11:06
  years. All right and defense, what are
• 2:11:09
  you requesting? We'd ask that you follow the
• 2:11:12
  recommendation of probation to extend this cherry one year and
• 2:11:17
  put her in the state ISF cognitive program that she needs
• 2:11:22
  more intense supervision. She has a lot of issues.
• 2:11:25
  She'd like to talk to the court about what's going on in her
• 2:11:28
  life, about her children, pain taken from her.
• 2:11:33
  She's on meds, she's took medication this morning, but
• 2:11:36
  she's aware of what's going on and she's competent to have this
• 2:11:40
  hearing this morning. But here's my question.
• 2:11:43
  She's this is not our first motion to revoke and it's for
• 2:11:46
  the same issue. Understood.
• 2:11:49
  And, and and I see that, but she did not get the services that
• 2:11:53
  are being recommended now. She's been through quite a bit
• 2:11:59
  and and she really, you know it. It's a it's a tough situation.
• 2:12:05
  And I'd like for her to explain to you why she was unable to
• 2:12:09
  report. All right, you want to raise
• 2:12:10
  your right hand. Do you solemnly swear from the
• 2:12:13
  testimony you give will be the truth and nothing but the truth
• 2:12:15
  so help you God? Yes, Sir.
• 2:12:17
  All right, you can lower your hands.
• 2:12:18
  State your name for the record. Crystal Colleen Cherry.
• 2:12:21
  All right, So this is not your first motion to revoke.
• 2:12:26
  You've been here before for not reporting and that was January
• 2:12:31
  2024 and the court denied the motion, alternate amended your
• 2:12:36
  conditions to include the access program, the dual diagnosis with
• 2:12:43
  probation, so and compliance with Center for Healthcare
• 2:12:49
  Services. So where did it all go wrong?
• 2:12:51
  August. 8. Through coke.
• 2:12:56
  I'm sorry. And I have you talked to
• 2:13:03
  probation. I told her when everything
• 2:13:05
  happened, I went to Navy for coke.
• 2:13:10
  Sorry. Let me stop you right there.
• 2:13:12
  This is what we're going to do. Probation.
• 2:13:17
  Can you look and see if she's ever had any contact with
• 2:13:22
  probation by phone or e-mail if there's no objection by phone or
• 2:13:27
  e-mail since she was reporting and and and what happened was
• 2:13:34
  during this since just one second since if you'll look
• 2:13:39
  starting July 2025 is when are you saying you contacted
• 2:13:43
  someone? I talked to my probation officer
• 2:13:48
  were on that time and I told him I was right.
• 2:13:51
  Well, no, no, no, this this is what I know when what time was
• 2:13:56
  it in August? Was it in?
• 2:13:58
  August. August.
• 2:13:59
  Yes, ma'am. All right, so just give us a
• 2:14:01
  moment. I'm going to have you take a
• 2:14:02
  seat. Your attorney will be able to
• 2:14:05
  speak with probation and the state will be able to see and
• 2:14:08
  see if they have anything in the system because it should be in
• 2:14:11
  the system. OK.
• 2:14:13
  All right. Thank you.
• 2:14:16
  All right, well, it sounds like she'll be back, so I'll keep an
• 2:14:18
  eye out for that. In the meantime, let's go back
• 2:14:20
  to Judge West. 0834, 1698 and 1909.
• 2:14:29
  Mr. Bates is charged with aggravated robbery, possession
• 2:14:32
  of a controlled substance and obstruction or retaliation.
• 2:14:36
  And Mr. Bradford, what is the announcement?
• 2:14:39
  Judge, I have talked to Mr. Bates about his case and he
• 2:14:41
  wants to sit up for trial. Is that correct?
• 2:14:45
  Speak up, please. And so, Mr. Bates, it looks like
• 2:14:49
  back in October of last year, you were here and you signed a
• 2:14:55
  plea bargain rejection where the district attorney's office made
• 2:14:58
  an offer of a cap of 25 years in that aggravated robbery case,
• 2:15:03
  which means you would go to, can I get y'all to hold it down,
• 2:15:06
  please? Hold it down, please.
• 2:15:12
  Which means if you wanted to take that deal, you could leave
• 2:15:14
  your punishment up to the court. And I could give you 25 years.
• 2:15:18
  I could give you less. It would just depend on the
• 2:15:20
  information that was brought to me.
• 2:15:22
  Again, you've got every right to reject that.
• 2:15:24
  And is that what you want to do and go forward with trial.
• 2:15:28
  OK, We will get your case set on the next available trial docket.
• 2:15:31
  Mr. Rapper will begin preparation.
• 2:15:33
  All right, you can go back with. Available.
• 2:15:35
  Yes, Sir. Thank you.
• 2:15:41
  See, Mr. Rojas, you've got Keisha Lewis.
• 2:15:52
  You've got Keisha Lewis. OK.
• 2:16:16
  Good morning. Are you Keisha Lewis?
• 2:16:17
  Yeah. Judge.
• 2:16:23
  May I just ask the four two things before we proceed?
• 2:16:26
  Yeah. Can I make an oral?
• 2:16:28
  Motion to amend accounts one through 4 in.
• 2:16:31
  Each motion to. Reflect committed the offense
• 2:16:34
  rather than arrested. We have discussed that upstairs
• 2:16:37
  and everything that's been done subsequently is correct.
• 2:16:40
  OK, so I think. It's.
• 2:16:42
  If y'all catch them ahead of time, it's much easier for y'all
• 2:16:46
  to do it than me to try to do it on this computer.
• 2:16:48
  But yes, any objection to that? In each of it's in each of the
• 2:16:52
  cases are the same. No objection.
• 2:17:02
  All right, let me get these printed out.
• 2:17:03
  It'll be easier. Sorry, it's taking me just a
• 2:17:26
  minute. And Judge also, it is my
• 2:17:28
  intention, if the Court follows this agreement, to have her
• 2:17:31
  plead to all. 4. Of those misdemeanors down the
• 2:17:33
  hall so that we can use them in the future for any enhancement
• 2:17:36
  purposes and also to let you. Know I've spoken.
• 2:17:39
  With her probation. Officer Mr. Alex Hill and he
• 2:17:43
  informs me that her case in Galveston County that
• 2:17:45
  interfering with emergency service animal, she did plead
• 2:17:49
  guilty to that. And they sent us to a court
• 2:17:51
  here, OK. Thank you. 2 motions.
• 2:18:16
  Let me make these amendments first.
• 2:18:58
  None. And thank you for talking to
• 2:19:10
  them and getting these changed. All right, let me that's today's
• 2:19:16
  the third. OK.
• 2:19:31
  Now, will your client waive the formal reading of the motion in
• 2:19:34
  each case? She will.
• 2:19:36
  Miss Lewis and clause number 2240529, I have a motion to
• 2:19:40
  revoke your unadjudicated probation shows that you were
• 2:19:43
  placed on probation January 25th of 2023 for the second degree
• 2:19:47
  felony offensive robbery and that was a seven-year deferred
• 2:19:51
  probation, is that correct? I'm sorry, it was a.
• 2:19:57
  Six year probation. Hold on, I'll go back and double
• 2:20:05
  check. The deferred adjudication order
• 2:20:18
  dated January 25th of 2023 also shows seven years.
• 2:20:22
  All right, so so do you. You were placed on probation
• 2:20:26
  January 23rd, I'm sorry, January 25th of 2023 for robbery,
• 2:20:30
  correct. OK.
• 2:20:32
  And in cause #22-40528, looks like there is a first amended
• 2:20:39
  motion to revoke your unadjudicated probation in that
• 2:20:42
  case shows you were placed on probation January 25th of 2023
• 2:20:47
  for assault on a peace officer, a second degree felony.
• 2:20:51
  And that was also a seven-year deferred probation.
• 2:20:53
  Is that correct? Should I have a First Amendment,
• 2:20:58
  First Amendment in each of these?
• 2:20:59
  Did I hold on a second? Yeah, hold on.
• 2:21:06
  Let me, I've I've printed out the wrong thing.
• 2:21:11
  Sorry. The.
• 2:21:14
  Amendment added. Was that case in Galveston?
• 2:21:18
  OK, to make sure it just lines up the numbers better if I have
• 2:21:32
  them both the right ones. I need that motion edge is
• 2:21:38
  printed, please. Each of these cases looks like
• 2:21:51
  the state is going to proceed on counts one through 6 in each of
• 2:21:55
  these cases. Count 1 in each of your cases
• 2:22:01
  are in each of the motions alleges that you committed the
• 2:22:05
  new offense of evading arrest or detention March 12th of 2025 in
• 2:22:11
  Jefferson County, Texas. And is that true or not true?
• 2:22:15
  I'm sorry. And then count 2 in each case
• 2:22:19
  alleges that you committed the offense of resisting arrest,
• 2:22:22
  search or transport March 12th of 2025 and is that true or not
• 2:22:26
  true? Count 3 in each case alleges
• 2:22:31
  that you were you committed the offense of theft of property
• 2:22:34
  March 12th of 2025 in Jefferson County and is that true or not
• 2:22:39
  true? And then count 4 in each case
• 2:22:43
  alleges that you committed the offense, a failure to identify
• 2:22:48
  or giving false or fictitious information.
• 2:22:50
  And is that true or not true? That's also on March 12th of
• 2:22:53
  2025. And that's true as well.
• 2:22:56
  Count 5 in each case alleges that you failed to provide
• 2:22:59
  verification of performing the community service hours as
• 2:23:02
  required. Is that true or not true?
• 2:23:05
  And then Count 6 in each case alleges that you failed to
• 2:23:09
  provide verification of entering and successfully completing the
• 2:23:12
  anger management program. And is that true or not true?
• 2:23:16
  Did you enter your pleas of truth accounts one through 6
• 2:23:20
  freely and voluntarily? And did you plead true to all of
• 2:23:23
  those counts because they're actually true?
• 2:23:27
  I have here on the tablet in each of your case some documents
• 2:23:30
  that have your signature on them that the states marked as
• 2:23:32
  exhibit #1. Before you sign these, did you
• 2:23:35
  go over them with Mr. Robots and do you fully understand that?
• 2:23:40
  And do you understand if I follow the agreements that
• 2:23:42
  you've made with the District Attorney that you'll be waiving
• 2:23:45
  or giving up any right to appeal state tenders #1 in each case
• 2:23:52
  it's admitted in each case. Is there any evidence that Miss
• 2:23:55
  Lewis is not competent? All right, ma'am, in each of
• 2:23:58
  your cases, I'm going to find that you entered your pleas of
• 2:24:00
  true 2 counts one through 5 freely and voluntarily find
• 2:24:04
  those counts true and cause number 2240529.
• 2:24:09
  Find sufficient evidence to find you guilty and at this time find
• 2:24:12
  you guilty of robbery sentence you in accordance with your
• 2:24:16
  agreement to a term of four years in the institutional
• 2:24:19
  division of the Texas Department of Corrections.
• 2:24:21
  You will receive credit on that sentence for any time that
• 2:24:24
  you've been in custody that the law gives you the right to
• 2:24:27
  receive. And then in cause number
• 2:24:31
  2240528, also find accounts one through six true, find
• 2:24:38
  sufficient evidence to find you guilty and at this time find you
• 2:24:41
  guilty of assault on a peace officer.
• 2:24:43
  Send it to you in accordance with that agreement to a term of
• 2:24:46
  four years in the institutional division of the Texas Department
• 2:24:49
  of Corrections. You will also receive credit on
• 2:24:51
  that sentence for any time that you've been in custody that the
• 2:24:54
  law gives you the right to receive.
• 2:24:56
  These cases will run concurrently, which means
• 2:24:58
  together. At the same time, I'm going to
• 2:25:01
  hand you the trial court certification in each of your
• 2:25:03
  cases that shows that these were agreements that I followed and
• 2:25:07
  so you've waived your right to appeal.
• 2:25:11
  I'm also handing you a written admonishment regarding your
• 2:25:14
  ineligibility to possess a firearm or ammunition.
• 2:25:18
  Because of the judgments entered against you, you're ineligible
• 2:25:21
  under Texas law to possess a firearm or ammunition.
• 2:25:24
  Possession of a firearm or ammunition could lead to charges
• 2:25:27
  against you. If you have any questions about
• 2:25:30
  the laws that make you ineligible to possess a firearm
• 2:25:33
  or ammunition, or about how long that lasts, you can talk with
• 2:25:36
  Mr. Rojas. Good luck to you, ma'am.
• 2:25:37
  You can go back with the bailiff.
• 2:25:41
  All right, let's head back to Judge Boyd.
• 2:25:44
  That contestant is back to finish her hearing.
• 2:25:48
  We're back on the record and Crystal Cherry.
• 2:25:49
  Any objection to the court going out of order so I can take
• 2:25:55
  testimony from Miss Abrams or just receive an update from Miss
• 2:25:59
  Abrams? Yes, Miss Abrams Judge, the last
• 2:26:03
  face to face meeting office visit was done on August the
• 2:26:07
  25th. After that we there was due
• 2:26:11
  diligence done with calling Haven for Hope.
• 2:26:16
  We received information she was no longer there.
• 2:26:20
  We caught it. A couple of.
• 2:26:21
  Other places we received information that she was
• 2:26:27
  discharged from the Genesis program with the Center for
• 2:26:30
  Healthcare Services because of her absconding as well.
• 2:26:36
  But. You do confirm a quantified with
• 2:26:39
  the last office visit did have contact all right.
• 2:26:42
  Any objection to the court review in the violation report?
• 2:26:45
  No. And Judge, I did also, I have
• 2:26:52
  the court summary. He likes to review that as well.
• 2:26:54
  Any objection to the court review and the court summary?
• 2:26:58
  All right, so I'm going to tell you what I have in the violation
• 2:27:00
  report. In the violation report, it
• 2:27:04
  states that you were at cross point and you've moved out of
• 2:27:09
  cross point. And I was staying at a friend's
• 2:27:12
  house. But no, no, no, no.
• 2:27:13
  Here's the thing, you're not allowed to move from place to
• 2:27:18
  place when you're on probation. Probation.
• 2:27:23
  Your residence has to be approved by probation.
• 2:27:26
  So you left and I did cross point.
• 2:27:30
  I did let my probation know where I was.
• 2:27:33
  But no, no, no, that's not how probation works.
• 2:27:36
  You can't just go wherever. You want to go.
• 2:27:38
  That's me. So you left cross Point?
• 2:27:41
  Yes, ma'am. And then you went for Haven for
• 2:27:44
  Hope. And you're telling me now
• 2:27:45
  between Cross Point and Haven for Hope, you ended up staying
• 2:27:49
  at some friend's house? I was staying at my friend's
• 2:27:51
  house, and then they kicked me out.
• 2:27:54
  So to him for Hope, and that's where I was staying.
• 2:27:57
  What? You're not supposed to leave
• 2:27:59
  Cross Point. I didn't know that.
• 2:28:01
  I'm so sorry. Yeah.
• 2:28:03
  All right. I didn't know the rules.
• 2:28:04
  Sorry. How come you left?
• 2:28:08
  Because I feel like I have to have to have a pass go to my
• 2:28:13
  probation. I have to have a pass go to
• 2:28:16
  something and I don't know if that was the rule for me to do
• 2:28:20
  that regulations of asking to go somewhere.
• 2:28:27
  All right, let me just tell you, here's the court's problem.
• 2:28:30
  You've been here before for the exact same thing and all of the
• 2:28:35
  issues that your attorney is requesting that I give you to
• 2:28:40
  address your failure to report, that's already been done before.
• 2:28:43
  And you're back here with the same thing, failure to report.
• 2:28:47
  I can't help you and nobody can help you if you won't follow
• 2:28:50
  through. And for you to leave cross point
• 2:28:54
  without permission, that was a choice.
• 2:28:57
  And then from cross point you leave without permission.
• 2:29:01
  And then you start staying with some friends and then from there
• 2:29:05
  you leave and start staying from Haven for Hope and nobody knows
• 2:29:10
  where you are. And according to the violation
• 2:29:12
  report, they actually attempted to contact all of your
• 2:29:15
  collaterals that you have given them, all your family members,
• 2:29:19
  all of the the phone number. So I just don't think that
• 2:29:23
  you're appropriate for probation.
• 2:29:26
  Sure, She has a letter that she'd like to give you.
• 2:29:28
  Sure. All right.
• 2:29:32
  Any objection to the court reviewing the letter?
• 2:29:43
  Sorry. Oh, no, no, no.
• 2:30:04
  There's a couple of things in the report.
• 2:30:05
  I think bear notice be noted as well on page numbers, believe
• 2:30:15
  it's second page. OK.
• 2:30:18
  Under the heading residential, yes, it shows that she was sent
• 2:30:24
  to the duly diagnosed residential facility and she was
• 2:30:27
  there for 1/23/25 to 6/3/25, spent 132 days there and she
• 2:30:33
  completed that program. So my point is that when being
• 2:30:38
  supervised in a residential program, she she was successful
• 2:30:44
  in under classes and other conditions.
• 2:30:48
  On 5/2/23 she was evaluated tap substance abuse and she
• 2:30:53
  completed the program or term there.
• 2:30:57
  In addition, it has on the bottom sober support meetings.
• 2:31:02
  She was going to those meetings evaluation tab date from 1/30/23
• 2:31:09
  to 8232482324 completion of the program or term.
• 2:31:15
  So she has history of some success under the supervision of
• 2:31:25
  the court and I'm looking at the recommendation of probation to
• 2:31:30
  it and it says to extend her and put her in the state ISF
• 2:31:33
  cognitive program that the state IS will will be to help her with
• 2:31:38
  correct thinking, promote social behaviors and in a drug free
• 2:31:43
  zone. One of her concerns is she's
• 2:31:46
  been explaining to me that she's experienced issues with CPS
• 2:31:53
  taking her children. They they took her up them up to
• 2:31:57
  Oklahoma and that's you know, that's that's difficult for
• 2:32:01
  anybody And if someone with her condition, she's on several
• 2:32:06
  medications right now, she's taking the that's right.
• 2:32:09
  So. And.
• 2:32:13
  Then care books I have Caesar. All right, So This is why I want
• 2:32:18
  you to understand one, I understand your attorney's
• 2:32:23
  argument and I understand your argument.
• 2:32:26
  However, this is the second time you've been before the court on
• 2:32:32
  a violation of condition #4 which is not reporting.
• 2:32:36
  And with that violation of condition #4 what your attorney
• 2:32:41
  is telling me is similar to the information that I received
• 2:32:46
  before. And So what I did was I had them
• 2:32:52
  give you a place to stay, which was cross point.
• 2:32:55
  You left cross point. You decided to go with some
• 2:32:58
  friends. And then you're saying they put
• 2:33:01
  you out of my phone. I have three checks coming and
• 2:33:07
  try card. I put a lock on it because they
• 2:33:10
  chase on my phone, use my hand lock on my phone to change it
• 2:33:17
  to. Let me ask you this, did you
• 2:33:20
  have your children with you at cross point or were they with
• 2:33:23
  CPSC? PS:.
• 2:33:25
  All right, so CPS had your children while you were at cross
• 2:33:29
  point. You leave cross point and go
• 2:33:32
  live with some friends and you said the friends were stealing
• 2:33:35
  the Child Support money, right? No child support.
• 2:33:37
  My Social Security OK, my SSR, my STR.
• 2:33:42
  All right. I'm on this prison, all right,
• 2:33:45
  So what I can tell you is this, I've tried to give you
• 2:33:49
  conditions to help you. And if you had ACPS case, CPS
• 2:33:54
  would have given you conditions to help you.
• 2:33:57
  They were all close. My 2 oldest was never terminated
• 2:34:02
  as temporary custody and then my last one, my youngest daughter
• 2:34:07
  was terminated. So this is what I'm going to do.
• 2:34:11
  I'm going to grant the motion, find you guilty, revoke sentence
• 2:34:15
  you to three years in the prisons you credit for any time,
• 2:34:18
  Sir, credit for any successful completion of inpatient
• 2:34:23
  treatment. And I'm going to request the
• 2:34:25
  therapeutic community. Did you review the document
• 2:34:28
  entitled trial court certification of defendants
• 2:34:30
  rights to appeal with your attorney?
• 2:34:32
  Did you understand? It and sign it you have a
• 2:34:34
  limited. Right to appeal.
• 2:34:36
  That right to appeal is as it relates to the allegations in
• 2:34:38
  the motion, not the fact that you were on deferred
• 2:34:41
  adjudication. Do you understand?
• 2:34:44
  Because this is a felony conviction, you're not allowed
• 2:34:46
  to own or possess any weapons or ammunition.
• 2:34:48
  If you have a question over what that is, you'll need to speak to
• 2:34:52
  an attorney. Do you understand?
• 2:34:54
  All right, we can go off the record.
• 2:34:55
  So here's the thing. The therapeutic community is
• 2:34:58
  designed to help you. I have no jurisdiction to force
• 2:35:03
  them to place you in the program, but what will end up
• 2:35:07
  happening is on your judgment, it'll see, it'll show that the
• 2:35:10
  court is requesting that, but you're going to have to ask for
• 2:35:13
  that as well. Would I have to go back to the
• 2:35:17
  housing now? Once you've come, once you've
• 2:35:21
  been released from the prison, if you make flow, they'll have
• 2:35:26
  three years in prison. Your attorney will talk to you
• 2:35:29
  about parole laws and how that works.
• 2:35:31
  But if you are placed on parole, what would end up happening is
• 2:35:35
  usually on parole. You have to give them a location
• 2:35:40
  where you will be staying. I would like to go back to.
• 2:35:45
  You have to let them know, OK. And when you're released, if
• 2:35:48
  there's anything you need and you can't find a place, if I'm
• 2:35:51
  still here, you come back here and I'll make sure that I help
• 2:35:53
  you. OK.
• 2:35:54
  All right. Thank you so much.
• 2:35:56
  Thank you. Who's next?
• 2:35:59
  Yes, ma'am. I have Daniel Orosco, page 5.
• 2:36:02
  That's a buy. I'm getting the feed right now.
• 2:36:04
  Mr. Wolfs. Daniel Roscoe.
• 2:36:08
  That's my case. Judge.
• 2:36:11
  It's a judge. It's a first setting.
• 2:36:13
  I spoke with the State. Where's your client?
• 2:36:16
  In the box. Come down, please, Sir.
• 2:36:17
  I didn't like whatever you want to do.
• 2:36:23
  All right, Where are we? On discovery.
• 2:36:25
  So the. I talked to the the state, it's
• 2:36:28
  family violence. They don't have contact with a
• 2:36:30
  complainant. She has a criminal case.
• 2:36:32
  They make contact with her attorney to see if they can talk
• 2:36:36
  to her. So we're going to ask for a 30
• 2:36:37
  days so they can try to make. It's our first setting.
• 2:36:40
  On this case. All right, Miss Ferguson, I need
• 2:36:57
  a 30 day reset for discovery and state.
• 2:36:59
  At that time, you need to be prepared to tender an offer PSI.
• 2:37:07
  March 5th. OK, All right.
• 2:37:09
  March 5th. Yes, ma'am.
• 2:37:11
  Thank you. If your attorney wants you back
• 2:37:13
  sooner than that, he'll let us down.
• 2:37:15
  Yes, ma'am. Thank you.
• 2:37:16
  You're welcome. All right, let's head east.
• 2:37:20
  We'll try the parole board again.
• 2:37:23
  OK, we are now at your facility, State police barracks.
• 2:37:26
  It's 9:15 AM on Tuesday, February 3rd, 2020.
• 2:37:30
  Sixth, for the record, Sir, would you introduce yourself and
• 2:37:34
  then we'll ask Mr. Young to do so as well?
• 2:37:37
  Good morning, everyone. Captain Patrick Washington.
• 2:37:39
  Hey, Police Barretts. All right.
• 2:37:41
  Thank you, Sir. And Mr. Young, would you
• 2:37:43
  introduce yourself? Tell us your name and DOC
• 2:37:46
  number. Kevin Young 507072.
• 2:37:52
  Yes, Sir. And Mr. Young, we have here with
• 2:37:56
  us in Baton Rouge at DOC headquarters.
• 2:37:58
  You have your lawyer here. Would you introduce yourself for
• 2:38:01
  the record, please, Adrianne? Hutchinson, attorney for the.
• 2:38:05
  Louisiana Parole Project here representing this Academy.
• 2:38:08
  All right, Thank you. We have others in support
• 2:38:11
  speaking on your behalf. We'll be the Parole Project.
• 2:38:14
  Mr. Kerry Myers in support, we have Curia Jackson, your
• 2:38:18
  daughter, your stepdaughter, Brittany Jackson.
• 2:38:21
  And also we have a parole project student, law student
• 2:38:24
  Dacia Williams, who's here observing this morning.
• 2:38:28
  So Mr. Young, let me read some identifying information into the
• 2:38:31
  record, Sir. And then I'm going to turn it
• 2:38:33
  over to Mr. Tillis. Your case has been assigned to
• 2:38:36
  him. He'll take the lead.
• 2:38:38
  So Mr. Young, you're classified as a first felony offender.
• 2:38:42
  You're currently serving a 35 year sentence.
• 2:38:45
  You were sentenced in East Baton Rouge Parish in February 2006
• 2:38:50
  for manslaughter. You have a parole eligibility
• 2:38:54
  date which was June 14th, 2025 and you have a good time release
• 2:38:59
  date March 16, 2034. Is all that accurate?
• 2:39:04
  Yes, ma'am. All right.
• 2:39:05
  Thank you, Sir. Mr. Tillis.
• 2:39:08
  Good morning, Mr. Young. How are you all?
• 2:39:10
  Right. Can you tell us what got you
• 2:39:13
  where you are and why? Do you feel that we should vote
• 2:39:17
  in your favor today, please? On June 14th 2005 me and Mr.
• 2:39:24
  Carr Jones got into an argument in which I got angry and I left.
• 2:39:29
  I went out and got drunk and high on powdered cocaine and
• 2:39:34
  came back later on that night and we ended up getting into a
• 2:39:38
  fist fight in which I stabbed him twice.
• 2:39:42
  My children's mother came in the room because she heard the
• 2:39:44
  commotion and broke us up and I asked her and she asked me what
• 2:39:49
  had happened and I told her to ask him and I left after I
• 2:39:55
  sobered up. I came back later on that day,
• 2:39:58
  the next day and I called and talked to Mr. Jones youngest son
• 2:40:03
  James, and I asked him how is his daddy doing?
• 2:40:07
  And he had told me his daddy had died on the way to the hospital.
• 2:40:11
  And I immediately told him that I was sorry.
• 2:40:14
  After I got off the phone with James, I turned myself in and I
• 2:40:19
  gave a statement admitting my wrongdoings.
• 2:40:23
  At that time in my life. I was going through financial
• 2:40:26
  problems. And me and Miss Jackson, we had
• 2:40:29
  to move in with her mother and Mr. Jones, in which I showed no
• 2:40:34
  appreciation, no thanks or consideration for what I had
• 2:40:38
  done because they was helping me out.
• 2:40:42
  And also in that time of my life, I was dealing with my
• 2:40:46
  mom's being in jail and helping my grandmother take care of my
• 2:40:50
  nephew because my sister, she was hooked on crack cocaine.
• 2:40:54
  And then I had my kids to take care of, but I wasn't stable
• 2:40:58
  mentally or physically at the time of the crime.
• 2:41:01
  I had no education, no work ethics.
• 2:41:05
  I used to always quit or either get fired off jobs on the
• 2:41:08
  regular. I had no directions in life.
• 2:41:12
  I was living day by day. Even though I was 27 years old,
• 2:41:17
  I was still an immature person. Since I've been incarcerated, I
• 2:41:23
  got my GED and developed a strong work ethic.
• 2:41:28
  I had two long standing jobs, one at the garment factory for
• 2:41:33
  tending to have years where I learned how to sew and I moved
• 2:41:36
  up in performance becoming a line pusher and landscaping here
• 2:41:41
  at State Cooper headquarters and here on site at the barracks.
• 2:41:51
  Excuse me. I also did took several self
• 2:41:57
  help classes like drug education and therapy, 12 step and
• 2:42:03
  Alcoholic Anonymous where I learned how to work out where I
• 2:42:07
  learned that alcohol and drugs affects a person's thinking and
• 2:42:12
  causes a person to have poor judgement and poor self-control.
• 2:42:16
  I'm committed to my sobriety and understanding requires me to
• 2:42:21
  continue programmers like a A in order to continue to be
• 2:42:24
  successful because I know I always be an addict and thank
• 2:42:28
  you for a change. I learned that pay attention to
• 2:42:32
  my thinking and I learned to consider and understand
• 2:42:37
  different views and opinions of others without conflict.
• 2:42:41
  And I learned to recognize the risk of my actions if I am
• 2:42:45
  during the parole with the help of the parole project, I plan on
• 2:42:49
  doing a long term stay with them in which they're going to help
• 2:42:52
  me find a job. And I'm going to continue to
• 2:42:54
  take a A classes at any other class that help me to continue
• 2:42:59
  to be successful because I know that stability is one of the
• 2:43:03
  main keys to not relapse. I know what I've done is
• 2:43:08
  inexcusable. And I always expressed how sorry
• 2:43:14
  I was by taking a life from Mr. Jones.
• 2:43:17
  I know I hurt my children's mother, Miss Jackson, as well as
• 2:43:21
  her family. I know I hurt my kids.
• 2:43:24
  I never want to do anything like that again, to take anyone to
• 2:43:29
  anything like that ever again. I want to apologize to the
• 2:43:33
  Jones, to the Jones family and the Beecher family for not for
• 2:43:41
  the pain and the hurt that I caused him because he didn't
• 2:43:45
  deserve it. He didn't deserve.
• 2:43:48
  What I did? Thank you.
• 2:43:52
  Thank you, Captain. Is there anything you can?
• 2:43:57
  Tell us about him. Absolutely, Sir, as you all have
• 2:44:02
  had the pleasure of coming out here to see our small little
• 2:44:06
  campus, we have a level of closeness here.
• 2:44:11
  They are call it intimacy that other places aren't Privy to.
• 2:44:15
  Every every week we get to see the fruits of this place and the
• 2:44:22
  the joys that families have when someone has done enough to make
• 2:44:27
  it here. Since I've come to the state
• 2:44:30
  police barracks, Kevin preceded me here and every day you can
• 2:44:37
  count on a number of things in this place.
• 2:44:40
  And one of them is before the sun comes up, he's working out.
• 2:44:48
  When it's time for him to go to work, he's standing there
• 2:44:50
  waiting on the supervisor to pick him up.
• 2:44:53
  He's going to work all day and when he's done, he's going to go
• 2:44:58
  do something else that occupies time where there's helping
• 2:45:01
  someone in the hobby shop, mentoring someone, or just being
• 2:45:05
  there as a friend. I see his work ethic every day.
• 2:45:10
  I also see the human being that he is.
• 2:45:14
  If if I was a business owner and I had a landscaping job, I'd
• 2:45:19
  hire him before I'd hire anybody else.
• 2:45:21
  He's one of two individuals that I know that can operate 2 Media
• 2:45:24
  Group at the same time. I can barely hold one and he can
• 2:45:28
  operate two of them proficiently.
• 2:45:32
  His family, I'm not to take away from the victim's family, but
• 2:45:36
  his family cares deeply about and you can see it when they
• 2:45:40
  come to visit him. I would not, I would not dare
• 2:45:45
  say that I can speak for anybody other than myself when I say
• 2:45:50
  that, barring my position as the warden of this institution, if
• 2:45:55
  he and I were neighbors, I can guarantee you he'd be one of my
• 2:45:58
  closest friends. Thank you all.
• 2:46:01
  Thank you. How long has he been there?
• 2:46:03
  Nine years. Nine years.
• 2:46:06
  Yes, Sir. OK.
• 2:46:10
  Thank you so much, Captain. Yes, Sir.
• 2:46:13
  We have some other people who is going to speak on his behalf,
• 2:46:20
  his daughter. Miss Jackson.
• 2:46:23
  The daughters are speaking. They're just here and so forth.
• 2:46:26
  You know, just be careful speaking.
• 2:46:27
  Yeah. Just Karen Mars, OK.
• 2:46:29
  All right. Mr. Myers.
• 2:46:36
  Yes, good morning, Kerry Myers here for Louisiana Parole
• 2:46:39
  Project on behalf of Kevin Young.
• 2:46:43
  About nine months ago, I sat down with Kevin for the very
• 2:46:46
  first time. And exactly what you saw a
• 2:46:51
  minute ago is what I saw with Kevin.
• 2:46:55
  I saw maturity. He admitted that he was still an
• 2:46:59
  immature person at age 27. I saw gender and regret and
• 2:47:05
  remorse for his actions. And as we started talking, which
• 2:47:11
  was not the only time Kevin and I have met, by the way, we
• 2:47:15
  started talking about the things that he's done during his
• 2:47:17
  incarceration. And I think this is what happens
• 2:47:23
  when the Department of Corrections and someone who is
• 2:47:27
  looking to change their life meet and intersect.
• 2:47:31
  Kevin has taken advantage of the things that the department has
• 2:47:34
  available. The department, in turn, has, I
• 2:47:37
  think in many ways may have saved Kevin's life.
• 2:47:41
  He has become sober. He has become committed to that
• 2:47:44
  sobriety. He's earned his GED, he's earned
• 2:47:48
  job. He's learned job skills.
• 2:47:50
  He's still at an age where he is very employable.
• 2:47:54
  We are committed to providing Kevin with support, long term
• 2:47:58
  support, job assistance, counseling through our social
• 2:48:02
  workers to help him maintain that sobriety.
• 2:48:06
  He will become part of our support group meetings and
• 2:48:10
  follow the recommendations of our social workers.
• 2:48:14
  We believe Kevin would be in and he does have family support, but
• 2:48:19
  you know, we will house Kevin for as long as he needs.
• 2:48:23
  He isn't like I said, he is employable and we believe that
• 2:48:27
  Kevin's trajectory is only going up.
• 2:48:30
  And so we asked this board to consider those factors and Grant
• 2:48:34
  is Pearl today. Thank you so much, Mr. Myers.
• 2:48:39
  Miss Hutch, how are you today? Happy New Year.
• 2:48:55
  So thank you for work. I won't go into much detail
• 2:48:59
  Kevin has done. A.
• 2:49:00
  Tremendous job of explaining who he is today.
• 2:49:05
  I think the brief provided you with a clear picture of his life
• 2:49:08
  and his upbringing and who he was then.
• 2:49:12
  I think that he's articulated well his ability to or want to.
• 2:49:17
  Continue with a a. Meetings, he likes the
• 2:49:19
  structure, he likes the accountability.
• 2:49:22
  Our as you know our clients go to any meetings and now we host
• 2:49:25
  support a, a classes in our at our facilities.
• 2:49:30
  So he has the opportunity to do it kind of double time if he
• 2:49:33
  wants. And then?
• 2:49:35
  His prison record in itself shows that he's outgrown the
• 2:49:39
  impulsivity in the reckless thinking that led to the crime.
• 2:49:43
  I think his work ethic shows that now he'll maintain
• 2:49:46
  employment and be able to provide for his family before
• 2:49:50
  you today, even though they didn't speak and they're a
• 2:49:52
  little nervous. Or his children, his children
• 2:49:55
  who are also victims of the crime.
• 2:49:57
  That was their grandfather, one of whom was.
• 2:49:59
  Present at the time they've. Forgiven him they continue to
• 2:50:02
  meet with him and spend time with him and they're.
• 2:50:05
  Ready to welcome him? Home.
• 2:50:07
  To be a dad. And walk off and he is wants to
• 2:50:14
  come home so that he can possibly lead his grandchildren
• 2:50:17
  away from the path that him the people in his family had gone
• 2:50:21
  down. Just a couple of things.
• 2:50:25
  As you know, Kevin was sentenced to 35 years.
• 2:50:27
  He served twenty of those years. He's at about 70% of his good
• 2:50:31
  time. I mean, he's done extremely
• 2:50:33
  well. I do know that previously we had
• 2:50:36
  hoped that he would be able to do the victim awareness or
• 2:50:41
  victim impact at the barracks because it hasn't started yet.
• 2:50:45
  I do have. Our.
• 2:50:47
  Victim. Impact.
• 2:50:48
  That y'all want? To see what we would be able to
• 2:50:50
  provide him with at parole project, which is the victim
• 2:50:53
  impact missing and learned from the Department of Justice.
• 2:50:56
  So if the board wouldn't like him to complete it with.
• 2:50:59
  US. We can provide y'all with a
• 2:51:01
  certificate of completion within like the first 30 days and so if
• 2:51:06
  the board has any questions or concerns, I'm here.
• 2:51:10
  But thank you. Thank you so much, Mr. Young.
• 2:51:21
  You elaborated pretty good on some things that I wanted to ask
• 2:51:25
  you about. I see you got AG at this time.
• 2:51:32
  Some of my colleagues may want to ask a few questions.
• 2:51:36
  No question here. I have no questions.
• 2:51:39
  We're ready to vote. I'm prepared.
• 2:51:41
  Mr. Tillis, my vote will be to grant to Louisiana Parole
• 2:51:45
  Project. Mr. Prider.
• 2:51:47
  Hakan Carl. Well, Mr. Guy, I was very
• 2:51:51
  impressed with the, you know, you've done a lot of self
• 2:51:54
  reflection obviously, and you were very well prepared today.
• 2:51:57
  I want to thank you for that. I was impressed by the remarks
• 2:52:02
  that the Captain made about you and I'm impressed with your
• 2:52:05
  records. And I notice the same.
• 2:52:07
  I would, I would require as a special condition that you do
• 2:52:11
  complete the victim impact once you get to the parole project.
• 2:52:17
  I think that would be beneficial to you.
• 2:52:19
  So today, Sir, your parole has been granted and we wish you
• 2:52:21
  well. Thank you.
• 2:52:23
  Thank you very. Cold here. 2 for two out of the
• 2:52:30
  parole board. I'm tempted to do a third just
• 2:52:32
  to see if we can go. 3 for three.
• 2:52:34
  I might, even if it cuts an hour for just a little bit because I
• 2:52:40
  don't think we've ever had three, three approvals.
• 2:52:43
  So that would be a something. But while I decide on that,
• 2:52:47
  let's go back to Judge Boyd. Or let's not because she's muted
• 2:53:08
  herself. Judge W instead.
• 2:53:14
  Are you Brianna Jones and Will your client with the formal
• 2:53:22
  reading of the indictment? She will, yeah.
• 2:53:28
  Miss Jones in cause #25 BCCR 1909, you're charged with a
• 2:53:33
  third degree felony offense of obstruction or retaliation from
• 2:53:37
  November 16th of 2025. And how do you plead to that
• 2:53:41
  charge? Are you pleading guilty freely
• 2:53:44
  and voluntarily? And are you pleading guilty
• 2:53:46
  because you did what they charged you with?
• 2:53:49
  I have here on the tablet some documents that have your
• 2:53:51
  signature on them that the states marked as exhibit #1.
• 2:53:55
  Before you signed these, did you go over them with Mr. Rojas?
• 2:53:58
  Do you fully understand them? And do you understand if I
• 2:54:01
  follow the agreement that you've made with the District Attorney
• 2:54:04
  that you'll be waiving or giving up any right to appeal?
• 2:54:07
  And it looks like the agreement that you've reached is for a
• 2:54:10
  five year deferred probation. There would be a $500 fine and
• 2:54:13
  you would be required to follow all of the rules and conditions
• 2:54:16
  of probation. Is that your understanding?
• 2:54:19
  You also understand if you're not AUS citizen, that a plea of
• 2:54:22
  guilty or no contest may result in your deportation, exclusion
• 2:54:26
  from admission to the country, or denial of naturalization
• 2:54:29
  under federal law. State tenders #1 no objection.
• 2:54:33
  It's admitted. Is there any evidence that Miss
• 2:54:35
  Jones is not competent? All right, ma'am, I'm going to
• 2:54:37
  find that you entered your plea of guilty freely and
• 2:54:40
  voluntarily. Find that you're mentally
• 2:54:41
  competent and you understand the nature and the consequences of
• 2:54:44
  your plea. Find sufficient evidence to find
• 2:54:47
  you guilty. However, I'm going to reset your
• 2:54:48
  case for sentencing so that the probation department can do a
• 2:54:51
  pre sentence report that'll give me more information about you
• 2:54:54
  and your case and then we'll come back later for sentencing.
• 2:54:57
  Mr. Smith, what's the state's position with regard to
• 2:55:00
  reduction of bond based on the plea?
• 2:55:04
  So, Miss Jones, what I'm going to do based on the nature of
• 2:55:13
  your plea is reduce your bond to $1000.
• 2:55:18
  I'm going to make that a personal bond, which means
• 2:55:21
  you're not going to have to pay any money.
• 2:55:22
  You're just going to get released today.
• 2:55:24
  But there's some very important things about that.
• 2:55:26
  OK, 1st is that the very first thing you do is go straight to
• 2:55:32
  the probation department so they can start that process to do
• 2:55:35
  that report for me. If you don't do that and you
• 2:55:37
  don't make that appointment and then follow through with it, you
• 2:55:40
  run the risk of me not accepting this plea agreement.
• 2:55:42
  Things could be much worse, do you understand?
• 2:55:45
  Second is if you are arrested for anything between now and
• 2:55:48
  when you come back for sentencing, obviously, things
• 2:55:50
  could be much worse, you understand.
• 2:55:52
  And then the last thing is that you're not required to pay any
• 2:55:55
  money. But if you don't show up for
• 2:55:56
  court, then they can go after you for that $1000.
• 2:55:59
  And obviously, if you don't show up, I won't go along with this
• 2:56:01
  plea agreement. OK.
• 2:56:03
  All right, we'll see you back in sentencing.
• 2:56:04
  You'll get some paperwork today from probation.
• 2:56:06
  It'll tell you where to go and everything.
• 2:56:08
  So make sure you do that when you get out.
• 2:56:10
  Thank you. Yes, Sir.
• 2:56:11
  Yes, ma'am. OK.
• 2:56:39
  Mr. Macon, you have Calvin Hawkins.
• 2:57:18
  Good morning. Are you Calvin Hawkins and Mr.
• 2:57:28
  Hawkins in clause #24 DCCR 1160? You're charged with unlawful
• 2:57:33
  possession of a firearm by a felon.
• 2:57:36
  You've hired Mr. Macon, and Mr. Macon has filed a motion to
• 2:57:39
  withdraw as your attorney. Do you intend to hire another
• 2:57:44
  attorney? No.
• 2:57:46
  I'm in, I'm in DCI, need a court appointment.
• 2:57:49
  OK, I. Had a row June.
• 2:57:50
  I don't have a letter stating that I was.
• 2:57:54
  Firearms. I got your letter and I'll allow
• 2:58:00
  him to Mr. Macon you, I'll grant your motion to to withdraw.
• 2:58:07
  And So what we'll do, Mr. Hawkins, is we will appoint
• 2:58:10
  someone to represent you. It's important that you
• 2:58:14
  understand it is very likely that the information they're
• 2:58:17
  going to relay to you is going to be very similar or the same
• 2:58:20
  as to what Mr. Macon has. Mr. Coleman will remain as the
• 2:58:24
  the attorney for the state. And so whatever offer is, it is
• 2:58:29
  whatever evidence there is there is none of that's going to
• 2:58:32
  change when you get a new attorney.
• 2:58:33
  I just want to make sure you understand we're not going to go
• 2:58:35
  through attorneys. I've already allowed him to
• 2:58:37
  withdraw. I'm going to get you a new one.
• 2:58:39
  But you need to pay attention. Listen, go through the evidence
• 2:58:42
  and discovery with that attorney.
• 2:58:44
  Hold on. And then we'll see where we want
• 2:58:46
  to get with your case. And we'll set it for an
• 2:58:48
  announcement. OK.
• 2:58:49
  But we'll get somebody appointed today.
• 2:58:50
  They should be out to see you very soon.
• 2:58:52
  OK, That's OK. I got it.
• 2:58:55
  It's it's done. OK.
• 2:59:02
  And you can just put whoever it on.
• 2:59:03
  The wheel. Or no, Thank you, Mr. Lewis on
• 2:59:18
  Brewer, Junia Brewer, morning. Yeah.
• 2:59:44
  Oh. Good morning.
• 3:00:15
  Are you Jania Brewer and Mr. Lewis, will your client with the
• 3:00:19
  formal reading of the indictment, Miss Brewer, and
• 3:00:22
  clause #23-41322, you're charged with the state jail felony
• 3:00:27
  offense of theft from September 25th of 2022.
• 3:00:31
  And how do you plead to that charge?
• 3:00:33
  Are you pleading guilty freely and voluntarily?
• 3:00:36
  And are you pleading guilty because you did what they
• 3:00:38
  charged you with? Speak up.
• 3:00:41
  And so I have here on the tablet some documents that have your
• 3:00:44
  signature on them that the states marked as exhibit #1
• 3:00:48
  Before you sign these, did you go over them with Mr. Lewis?
• 3:00:51
  Do you fully understand them? And do you understand if I
• 3:00:54
  follow the agreement that you've made with the District Attorney
• 3:00:57
  that you'll be waiving or giving up any right to appeal?
• 3:01:00
  And it looks like the agreement that you've reached just for a
• 3:01:03
  five year deferred probation, there would be a $500 fine, also
• 3:01:07
  $500 restitution, and you would be required to follow all of the
• 3:01:11
  rules and conditions of probation.
• 3:01:13
  Is that your understanding? Do you also understand if you're
• 3:01:18
  not AUS citizen, that a plea of guilty or no contest may result
• 3:01:21
  in your deportation, exclusion from admission to the country,
• 3:01:24
  or denial of naturalization under federal law?
• 3:01:28
  State tenors #1 it's admitted. Is there any evidence that Miss
• 3:01:31
  Brewer's not competent? And because is there any history
• 3:01:36
  or anything? No, Your Honor.
• 3:01:37
  This this offense is a few years old.
• 3:01:39
  She was 17 at the time. I showed no history as of the
• 3:01:42
  time of this offense and I don't see anything in our system
• 3:01:44
  showing that she's been in trouble since.
• 3:01:46
  It just took them a while, I guess, to wake her up.
• 3:01:47
  I don't know where she what's happened in the intervening.
• 3:01:49
  OK. Any issue with waiving the pre
• 3:01:52
  sentence report? No.
• 3:01:52
  Does this say Jill? OK, so Miss Brewer, what I'm
• 3:01:55
  going to do is waive the pre sentence report.
• 3:01:58
  Maybe we can ask her if there's. Yeah, just to be sure, I don't.
• 3:02:02
  Have a record of anything? So you're Underoath right now?
• 3:02:04
  You took an oath over there. Have you been in any trouble
• 3:02:06
  since 2022? OK, where have you been?
• 3:02:09
  Living? In Beaumont.
• 3:02:13
  But have you been gone for a while?
• 3:02:14
  Somewhere else? You went to Las Vegas.
• 3:02:17
  OK, All right, So what I'm going to do is waive the pre sentence
• 3:02:21
  report. I'm going to find that you
• 3:02:23
  entered your plea of guilty freely and voluntarily, find
• 3:02:25
  that you're mentally competent and understand the nature and
• 3:02:28
  the consequences of that plea, Find sufficient evidence to find
• 3:02:32
  you guilty. However, I am going to follow
• 3:02:34
  the agreement that you made with the District Attorney and defer
• 3:02:36
  all proceedings to place you on probation for five years.
• 3:02:40
  You're ordered to pay that $500 fine and you're also ordered to
• 3:02:43
  pay the $500 in restitution and follow any and all other rules
• 3:02:47
  and conditions of probation. If you do all of that, this is
• 3:02:51
  an excellent opportunity because you don't have a felony
• 3:02:54
  conviction on your record. Sounds like this was something
• 3:02:56
  that happened when you were very young and out of character for
• 3:02:59
  you, so this shouldn't be an issue.
• 3:03:01
  At the end of the probation period, if you complete it
• 3:03:03
  successfully, the case is actually dismissed.
• 3:03:06
  You'll never have the felony conviction.
• 3:03:08
  The other side of that is if you violate any condition of
• 3:03:11
  probation, you can be brought back into court.
• 3:03:13
  You could be found guilty, so you would be a convicted felon
• 3:03:16
  and you could go to the state jail prison for between six
• 3:03:18
  months and up to two years. Do you understand?
• 3:03:21
  I'm handing you the trial court certification that shows that
• 3:03:24
  this was an agreement that I followed, and so you waived your
• 3:03:26
  right to appeal. Also, Miss Brewer, it's
• 3:03:29
  important, you know, I sign everyday early terminations for
• 3:03:34
  people off of probation. So if you get in there and get
• 3:03:36
  everything paid off early, do whatever community service you
• 3:03:39
  need to follow all of the rules. There's no reason to expect that
• 3:03:42
  you would have to do this all five years, but that's going to
• 3:03:44
  be up to you to get it all done, right.
• 3:03:46
  OK. Good luck to you, ma'am.
• 3:03:47
  Probation. I'll talk to you before you
• 3:03:48
  leave the courtroom today and give you your instructions for
• 3:03:51
  when you're released. All right, friends, I have a a
• 3:03:56
  few law slash court stories that I want to go through here now
• 3:04:00
  that we have started the 4th hour.
• 3:04:01
  But before we do that, let's give the parole board in
• 3:04:05
  Louisiana one more try and see if we can set a record here at
• 3:04:09
  TCF and go 3 for three. So let's give it a go.
• 3:04:12
  Oh. Good morning.
• 3:04:15
  Good morning. Let me just for the record say
• 3:04:19
  we are at Dixon Correctional Institute.
• 3:04:21
  It is Tuesday, February 3rd, 2020, sixth and it's 10:49 AM
• 3:04:26
  Good morning, Warden, would you for the record introduce you and
• 3:04:29
  your staff? Yes, ma'am.
• 3:04:31
  Good morning, Board. I'm Dusty Bickham Ward down the
• 3:04:34
  tablet classification. Ashley Bradley records.
• 3:04:38
  Alvin King reentered Curtis Thurman Mental health.
• 3:04:40
  That's it. All right.
• 3:04:42
  Well, thank you. And we have Mr. Dowden.
• 3:04:44
  Good morning, Sir. Good morning.
• 3:04:46
  Would you introduce yourself, tell us your name and your DOC
• 3:04:49
  number? My name is Derek Dowden, DOC
• 3:04:52
  #4818. 06. All right, Sir, and let me just
• 3:04:57
  read some identifying information and we'll get
• 3:04:59
  started. You're classified, Mr. Dowden,
• 3:05:02
  as a second felony offender. You're serving a 30 year
• 3:05:05
  sentence. You were sentenced from armed
• 3:05:07
  robbery in Caddo Parish in August of 2000. 6.
• 3:05:12
  If you have a parole eligibility date, which is July 26th this
• 3:05:15
  year and you have a good time date, July 21st, 2029, is that
• 3:05:20
  correct? Yes, ma'am.
• 3:05:23
  All right, Sir, your case has been assigned to Mr. Prater.
• 3:05:26
  I'm going to turn it over to him.
• 3:05:28
  Yes, Sir, Mr. Downer, you doing OK today?
• 3:05:30
  Yes, Sir. OK.
• 3:05:31
  Good, good. We need to talk about your case
• 3:05:34
  a little bit. And since you applied for this,
• 3:05:36
  this is your show. So we're going to let you tell
• 3:05:39
  us. I want you to tell me what you
• 3:05:42
  did and what you feel about it and what you've done since you
• 3:05:47
  were locked up to make us feel like that.
• 3:05:50
  You're a changed man. And then we're going to hear
• 3:05:52
  from the warden, hear what he got to say.
• 3:05:54
  And then we're going to hear from three folks that are in
• 3:05:57
  support of you. One is for the parole project,
• 3:06:01
  and then your mother and your aunt.
• 3:06:02
  And we'll hear from them. And then we'll ask you some
• 3:06:05
  questions and we'll we'll see what what the decision will be.
• 3:06:07
  OK. So.
• 3:06:09
  This is This is your show. You've applied.
• 3:06:11
  For it. And so I want you to to, in your
• 3:06:14
  best words, tell us what you think about what you did.
• 3:06:18
  OK. In 2004, my life was My drug
• 3:06:24
  addiction was completely out of control and an acquaintance of
• 3:06:31
  mine introduced me to Brian for the first time.
• 3:06:38
  While I was at his apt, I noticed that he had large
• 3:06:41
  bottles of narcotic pills. And I remember like a few weeks
• 3:06:48
  later, I remember just feeling desperate.
• 3:06:52
  I remember like feeling obsessed with going and taking those
• 3:06:56
  pills from him. And so I decided that I was
• 3:07:02
  going to do it and I didn't have a weapon.
• 3:07:06
  So, but I know someone who did. And I, I, I called him, asked
• 3:07:11
  him if he was willing to help me.
• 3:07:13
  He agreed. And so we went to Brian's
• 3:07:16
  apartment. Excuse me?
• 3:07:30
  I asked Brian to use the phone. He let us see.
• 3:07:37
  At that time, I pulled out a gun.
• 3:07:40
  The guy who's with me started to duct tape his wrists, his
• 3:07:43
  ankles. I asked him where the pills
• 3:07:48
  were. He told me.
• 3:07:51
  And on the way out, I noticed that he had a shelf of CDs, a
• 3:07:57
  PlayStation. And so I emptied a laundry
• 3:08:03
  basket and I put those items in the laundry basket and we left.
• 3:08:09
  And I would like to acknowledge for the board that though I know
• 3:08:14
  that the things that I took from him were special, know that he
• 3:08:17
  worked for him, sure that it. Took him a while.
• 3:08:19
  To build up his collection of C DS, I want to acknowledge that
• 3:08:27
  I. Know that I took.
• 3:08:34
  A lot more. I took a sense of security.
• 3:08:48
  I'm deeply apart. I'm deeply sorry for what I did.
• 3:08:52
  I know that it was traumatic and the whole time I've been down,
• 3:08:58
  he's been in my prayers. I hope that he was able to
• 3:09:05
  recover. I'm not trying to offer up my
• 3:09:11
  drug addiction as as an excuse for what I did, but I think back
• 3:09:17
  to every time I've gotten in trouble, every arrest, every
• 3:09:22
  relationship that I destroyed, was it because of that?
• 3:09:28
  And I don't offer it as an excuse.
• 3:09:31
  I'll take full responsibility for everything I've done.
• 3:09:34
  I know that I'm responsible. So to address the situation,
• 3:09:41
  once I got once I came to prison in Cattle Correctional Center, I
• 3:09:47
  was having a hard time at at 1st and the mental health director
• 3:09:52
  there, Doctor Flournoy, he told me that he was going to put me
• 3:09:55
  in programs going foxtrot and so I was able to get the help that
• 3:10:03
  I needed. I would go through these.
• 3:10:07
  Classes. I took them seriously because of
• 3:10:12
  the. I was.
• 3:10:14
  Able to go back. Also as a group leader, I was
• 3:10:16
  able to have contact visits with my son.
• 3:10:20
  We took parenting. I was.
• 3:10:22
  I was a facilitator. And on parenting.
• 3:10:25
  I did. Hazelden criminal thinking I
• 3:10:31
  also did a substance abuse but unfortunately at that time
• 3:10:36
  before I went to DOCI didn't fully grasp and substance abuse.
• 3:10:43
  I still struggle with drugs in prison and when I went to David
• 3:10:49
  Wade, I tried to get in classes and they told me that I had too
• 3:10:54
  much time. So I started going to a a NA and
• 3:11:00
  I have experienced relapse after years of sobriety and so I went
• 3:11:09
  through that for a while. And I ended up.
• 3:11:12
  Being transferred to Winfield and Winfield was a drug infested
• 3:11:17
  facility and and I did relapse there and but it was in 2017
• 3:11:24
  that I finally hit rock bottom and I knew that I had to make a
• 3:11:28
  change. I knew the guy over the
• 3:11:32
  celebrated recovery. So, so I went down there and as
• 3:11:42
  I began to do the steps, I realized that before while I was
• 3:11:48
  trying to do it on my own. And so I realized that I needed
• 3:11:53
  to give my life the price and I did.
• 3:11:56
  And I took that program seriously.
• 3:11:58
  I just, I didn't just go through the motions.
• 3:12:02
  I received the information. I lived.
• 3:12:05
  I lived often. I've been able to.
• 3:12:09
  I was able to go. Back as a facilitator and that
• 3:12:12
  helped me go through the program in service to others.
• 3:12:17
  I was able. To experience it through another
• 3:12:19
  angle. And so I've been clean for
• 3:12:23
  almost 9 years and it's only by the grace of God and I've
• 3:12:28
  continued in my recovery. I've been going to A and a here.
• 3:12:33
  And I also. Go to church.
• 3:12:36
  It's. I know.
• 3:12:38
  That the only way that I'm going to be able to stay clean is
• 3:12:41
  through God and what I've been doing in prison.
• 3:12:44
  It's worked. Meetings worked.
• 3:12:47
  I think I take it very serious. OK all right, well, thank you
• 3:12:54
  for that. That's I appreciate that.
• 3:12:58
  That covered all the points I needed to as far as what I like
• 3:13:02
  in the opening statement. Warden, tell us about this
• 3:13:04
  fellow. Oh.
• 3:13:05
  Yeah, kind of hard to follow that I want to see.
• 3:13:07
  So he I tell you he is a he's a trustee.
• 3:13:11
  He is a trustee here. He works at our dog via.
• 3:13:15
  So. He helps take care of our canine
• 3:13:18
  animals and stuff that we need for narcotic and chase dogs.
• 3:13:22
  Doesn't been there over 4 years that's a job.
• 3:13:25
  I've been there over 4 years, doesn't wonderful job there.
• 3:13:28
  He also looking at his record, he's only had I think 4 write
• 3:13:32
  ups in 21 years. So his disciplinary record is
• 3:13:35
  very, very good. Last write ups in 2014.
• 3:13:40
  I do know he has a parole project back in the home there
• 3:13:44
  numerous classes, trustee. One thing in his faith, I will
• 3:13:47
  say he talks about his faith a lot.
• 3:13:49
  He does go to church with the healing place group that comes
• 3:13:52
  in and stuff. I see him in that event.
• 3:13:54
  One of the things he's known for is is leather works.
• 3:13:57
  To be honest with you, he he's AI don't know what the word is a
• 3:14:01
  leather Craftsman. I guess he makes belts and and
• 3:14:04
  things and slings and things of that nature goes to Angola for
• 3:14:08
  their arts and crafts at DCI does our arts and crafts and
• 3:14:11
  then actually fairly well known. I have people contact me say,
• 3:14:15
  hey, who's that guy making belts?
• 3:14:16
  I need a belt made. So very good belt maker and
• 3:14:19
  different leather works. So anyway, he's done very well
• 3:14:22
  since he's been OK. Thank you, Warden.
• 3:14:25
  We appreciate that. All right, let's move on to,
• 3:14:29
  let's see, we got three folks. Go speak.
• 3:14:34
  And Miss Paige Dowden, would you talk to us first?
• 3:14:42
  I think he's still muted.
• 3:14:54
  OK, Yes, Sir. We just got it unmuted.
• 3:14:57
  OK, My name is Paige O Pride Dowden.
• 3:15:00
  I'm Derek's mother and I'm here to talk to you about Derek's
• 3:15:04
  life, all of his life and the 21 years he's been incarcerated.
• 3:15:09
  Sorry if this gets a little bit long.
• 3:15:11
  I didn't have much time to to get ready for this so I wrote
• 3:15:14
  down some stuff last night. I'm going to read.
• 3:15:17
  When Derek was a child, he was in Cub Scouts, Boy Scouts, and
• 3:15:20
  Christian School. He was a good kid.
• 3:15:22
  When he started high school, he began to act up character.
• 3:15:25
  So we realized he'd started doing drugs.
• 3:15:27
  Years later, when he first went to prison, he got in trouble a
• 3:15:30
  few times, but eventually we began to see a huge change in
• 3:15:34
  him. He seemed like he was starting
• 3:15:36
  to finally get it. He became a very involved in the
• 3:15:39
  church. We spent hours and months
• 3:15:41
  discussing Christian music. He talked all the time about his
• 3:15:46
  leather work. He worked in the garment
• 3:15:49
  factory. He became a professional at
• 3:15:51
  sewing and he became very familiar with the commercial
• 3:15:54
  sewing machines. Since then, he's so serious he's
• 3:15:57
  acquired about $30,000 worth of tools, enough to run a
• 3:16:02
  professional shop out in the world.
• 3:16:04
  After we saw how serious he was, we had the opportunity to buy a
• 3:16:07
  commercial building on a major US Hwy.
• 3:16:11
  So we bought it. It's already mostly paid off.
• 3:16:17
  This past October, Derek got a chance to go to the Angola Rodeo
• 3:16:22
  and sell his products, and he called me at the end of the
• 3:16:25
  month and told me that he'd sold just under $13,000 worth of
• 3:16:31
  products in four days. That's impressive.
• 3:16:36
  So. Which made us even more
• 3:16:38
  confident that buying the building was a good decision.
• 3:16:42
  And I'll tell you a little bit what we have planned for him
• 3:16:45
  when he is released in the future, when he was released,
• 3:16:49
  he's going to have his own shop to come back to.
• 3:16:51
  We have a car for him, so he'll already have his own
• 3:16:53
  transportation. We've got furniture for him,
• 3:16:57
  brand new furniture, some of it's still in the box.
• 3:16:59
  So he's pretty much all set as far as that goes.
• 3:17:01
  He'll just need to buy a phone. We've also recently purchased a
• 3:17:05
  10 foot plasma Cam cutting table that his father needs his help
• 3:17:09
  with to build a metal building for it.
• 3:17:11
  So we're going to do some light manufacturing and Derek will
• 3:17:14
  also have the opportunity to make products with this.
• 3:17:23
  Derek's father and I started selling products on the Internet
• 3:17:27
  in 1998, so if Derek wants to sell products online, we can
• 3:17:31
  help get that set up. Basically overall at this point
• 3:17:35
  he's a really good person again. I'm convinced he'll do fine.
• 3:17:39
  He does have lots of remorse and regret for what he did and he's
• 3:17:43
  always told me that he wished that he could apologize so Brian
• 3:17:46
  would know how sorry he really was.
• 3:17:49
  Beside the support he'll have from his father and I, he also
• 3:17:52
  have lots of relatives who will be supporting supportive,
• 3:17:57
  including his 22 year old son who is really close to and he
• 3:18:00
  speaks to him all the time. Derek has a really good work
• 3:18:04
  work ethic so I expect him to stay busy and do well.
• 3:18:07
  He plans to find a good church and continue to to go to a A and
• 3:18:12
  NA meetings to keep himself on track for a positive life.
• 3:18:16
  And if he makes parole, we're looking forward to having him
• 3:18:18
  back home and helping him navigate himself into a busy,
• 3:18:22
  successful business that will provide for him for many years
• 3:18:25
  to come. In the beginning, he can work at
• 3:18:28
  our warehouse during the week if needed until he has enough
• 3:18:31
  income to support himself. OK.
• 3:18:36
  Thank you. Appreciate that.
• 3:18:39
  All the preparations that you've done, your loving family, that's
• 3:18:42
  great. OK, let's move.
• 3:18:44
  On now and and talk to the aunt is Miss Barbara Dowden.
• 3:18:50
  It's Barbara Patrick. Hi.
• 3:18:57
  Job is the maiden name. I am Derek's oldest and favorite
• 3:19:02
  aunt. He, he and I have talked through
• 3:19:06
  his whole incarceration. He and I stayed in constant
• 3:19:11
  communication. We spoke either by letter or by
• 3:19:17
  technology. At least once a month we have
• 3:19:20
  spoken. So I watched him through all of
• 3:19:22
  this. He is only 5 months younger than
• 3:19:25
  my son so I watched him grow up. Derek got into some typical
• 3:19:31
  young 20 year old, mid 20 year old stupidity and kind of went
• 3:19:39
  down the wrong path there and overtime he it took him a long
• 3:19:44
  while to realize he had traveled down the wrong path.
• 3:19:50
  But in the shop that he will come to, I got in 2015 and once
• 3:19:58
  he realized that there's going to be a place for him.
• 3:20:03
  To come to his attitude started changing.
• 3:20:07
  I watched him, I'm a seamstress, so him going into the garment
• 3:20:10
  factory and sewing and all, we talked about sewing machines, we
• 3:20:15
  talked about pattern making to design his own things, purses
• 3:20:21
  and belts and different things. We we talked trade as to how
• 3:20:28
  what he would want to do, how would he want to pursue
• 3:20:33
  manufacturing and marketing his products that he can make.
• 3:20:38
  I have a in place customer base waiting for him to show up that
• 3:20:45
  everybody knows that this is a sewing shop that I've told him
• 3:20:49
  I'll sell anywhere from leather to lace.
• 3:20:52
  So he could do any type of sewing discipline that he would
• 3:20:55
  want to do, start his own, whatever he wants to choose and
• 3:21:01
  do. Derek, I've been, I've been real
• 3:21:05
  proud of him. He, he has changed.
• 3:21:09
  He is not the arrogant young man that he was.
• 3:21:15
  He did learn that he didn't do what he was supposed to be or be
• 3:21:20
  the person. But now I think he's become that
• 3:21:23
  he is, he's responsible, he he regrets his previous actions, he
• 3:21:29
  regrets the decisions that he made.
• 3:21:33
  And, and if he doesn't, then I'll just tell him he needs to.
• 3:21:39
  So I think he he's got a lot of potential once he gets out to be
• 3:21:51
  able to make his own place in the.
• 3:21:52
  World. And it sounds like he got a lot
• 3:21:55
  of potential because of his family and, and I appreciate
• 3:21:59
  that. Mister Kerry Myers, tell us
• 3:22:02
  about your group and what y'all are willing to do.
• 3:22:05
  Yes, good morning Kerry Myers with Louisiana Parole Project
• 3:22:08
  and we're here in support of Derek today.
• 3:22:12
  You know, Derek's handled himself, I think in front of
• 3:22:14
  this board and let let you know his path through his
• 3:22:19
  incarceration in a warden has spoken highly of him about his
• 3:22:24
  faith and his recovery. I think while a lot of a lot has
• 3:22:27
  been said and it's important about Derek's future and the
• 3:22:31
  support systems he has, the real crux of this is the work Derek's
• 3:22:34
  done, the work that's Derek recognizing the addiction, the
• 3:22:38
  damage that it did to his life, to other people's lives, the
• 3:22:42
  faith that he's that he's grown in and the maturity that he's
• 3:22:45
  achieved. Derek has served now 2/3 of his
• 3:22:48
  sentence. Parole Project is here to
• 3:22:52
  support his transition, which is the biggest obstacle.
• 3:22:57
  I guess when you someone first comes home, it's, it's the most
• 3:22:59
  critical time in those first few months.
• 3:23:04
  And we are here to support Derek, provide him transitional
• 3:23:06
  housing, the programming he needs, 21 years of
• 3:23:11
  incarceration. Obviously, the world is a
• 3:23:13
  different place than the world was when he went into prison.
• 3:23:17
  That's where we going to specialize in helping Derek
• 3:23:20
  adjust, make those adjustments with the support of his family.
• 3:23:25
  He will. We will make sure he's connected
• 3:23:28
  to the sobriety plan while he's with us and when he moves
• 3:23:32
  forward. He's told you how committed he
• 3:23:35
  is to that and understands how important that is to the rest of
• 3:23:38
  his life. He will see our social workers
• 3:23:41
  and work with them. He will have.
• 3:23:43
  One-on-one. Coaching through our case
• 3:23:47
  managers, technology, finance, social norms and how to
• 3:23:53
  interact, you know, just socially.
• 3:23:56
  And Pearl Project believes that Derek's future is one that
• 3:24:03
  should be served in the rest of his time in the community.
• 3:24:08
  While he committed a very serious offense, he has done
• 3:24:12
  that the extreme hard work to get where he is now in parole.
• 3:24:15
  Project wants to continue to support that.
• 3:24:19
  Thank you, Appreciate you and appreciate what your group does.
• 3:24:23
  All right, back to Mr. Derek Dowden.
• 3:24:27
  Mr. Dowden, you've heard what everybody said and, and really
• 3:24:32
  I, I don't have a lot of questions to ask.
• 3:24:36
  You the only. Other time that you've been in
• 3:24:37
  trouble was for drugs and abscond in what you're on parole
• 3:24:42
  or probation for the drugs that you're on and so this is only
• 3:24:46
  violent crime that you've committed although it was a
• 3:24:50
  serious crime. The DA is in opposition.
• 3:24:54
  The sheriff is in opposition. The chief of police is in
• 3:24:58
  opposition to this. The victim, the victim is not in
• 3:25:03
  opposition. The victim says that if, if we
• 3:25:07
  feel like as a board that you have rehabilitated yourself,
• 3:25:12
  then the victim says that you shouldn't have to spend any more
• 3:25:15
  time in jail. And so the victim is, and that's
• 3:25:19
  quite a, that's a, that's saying something about you.
• 3:25:23
  It's saying a huge amount. About the victim.
• 3:25:26
  And and so anyway I don't I don't have any other.
• 3:25:30
  Questions. Any questions?
• 3:25:33
  Yeah, I have one. You say you've been clean for
• 3:25:37
  how long? I'm going on nine years now.
• 3:25:41
  Going on 9. Years.
• 3:25:42
  Yeah, we like to see at least 10.
• 3:25:47
  You've you've you had a couple of relapses too, you said yes,
• 3:25:56
  Sir. And when that happened, I
• 3:25:59
  realized. That.
• 3:26:00
  I was trying to do it on my own. I tried to work the steps and
• 3:26:05
  but when I got to Celebrate Recovery, I realized that I
• 3:26:08
  didn't grasp it before. But Step 2 is we came to
• 3:26:13
  believe. That a power.
• 3:26:15
  Greater than ourselves could restore us to sanity.
• 3:26:18
  And I was trying to do it on my own.
• 3:26:21
  And Step 3 is we we made a decision to turn our lives and
• 3:26:26
  our will over to the care of God.
• 3:26:28
  And that's when I that's when I gave my life to Christ and I
• 3:26:32
  took that program very seriously.
• 3:26:34
  We had daily devotion and if this.
• 3:26:37
  Wasn't just a. Program that you go to.
• 3:26:38
  It was a dorm that we lived on and then I have no desire to go
• 3:26:44
  back to that life. You know, I just want to be a
• 3:26:48
  successful, successful person. I have absolutely no desire to
• 3:26:53
  use and I'm not. You don't think if around your
• 3:26:58
  friends and stuff, you would probably relapse again?
• 3:27:02
  No, Sir, I'm going to be very I'm going to be very picky about
• 3:27:07
  who I hang out with. I'm not even I don't even want
• 3:27:11
  to see my old friends. That's that's not something I'm
• 3:27:15
  worried about being around old, old people or anyone who uses.
• 3:27:20
  I will run as far away as I can from those people because I know
• 3:27:25
  I've know. What drugs have done to my life.
• 3:27:28
  I know what they've caused me to to do and I know that it's it
• 3:27:31
  was my choice and I'm choosing right now to be free of that.
• 3:27:37
  This is continuing my relationship with God.
• 3:27:40
  My mind is set on things like finding a church home because of
• 3:27:45
  my age and I'm getting out. My mind is actually set on
• 3:27:49
  things as you know, planning from saving money for retirement
• 3:27:53
  like I have. My mind is on on such positive
• 3:27:57
  things that I couldn't go back. Sir, I'm I'm, I'm I'm 100% sure
• 3:28:03
  that I don't want that life anymore.
• 3:28:06
  Thank you. I have any questions ready to
• 3:28:09
  vote? I'm ready to.
• 3:28:10
  Vote Prater. OK, I've heard everything I need
• 3:28:13
  to hear. And, and and I want to
• 3:28:15
  acknowledge a fellow that's deceased that you mentioned
• 3:28:19
  again, Doctor Cole Flornoway, who worked at the ghetto
• 3:28:23
  correctional student charging programs.
• 3:28:25
  You're the second or third, if I recall, a person seeking parole
• 3:28:31
  that said their change started when they met him.
• 3:28:34
  He's been deceased now for a number of years, but he was a a
• 3:28:38
  good person and a good friend. But thanks for acknowledging him
• 3:28:42
  in addition to the others you acknowledged.
• 3:28:45
  My vote is to grant this request, Mr. Tellis.
• 3:28:55
  You said a. Lot of good things, and I hope
• 3:28:58
  you're sincere about it. My vote is to grant.
• 3:29:03
  All right, Mr. Dowd, my vote is to grant to the Parole project
• 3:29:08
  transition plan. I would offer you some caution,
• 3:29:11
  though. You said in your talking to us
• 3:29:15
  that the meetings worked and, and so I'm not going to require
• 3:29:20
  it as a condition of your parole that you do attend meetings.
• 3:29:25
  But I will tell you this, that we so often see people who stop
• 3:29:30
  going to the meetings because they don't think they need to
• 3:29:32
  anymore after having gone for a long time and guess where they
• 3:29:35
  end up. Keep that in mind.
• 3:29:38
  We wish you the best success. Good luck, Sir.
• 3:29:41
  Thank you. We just went three for three.
• 3:29:48
  That has never happened in the history of TCF that I recall
• 3:29:52
  where we have gone 3 for three. So, you know, good on him.
• 3:29:59
  You know, there was some talk in the chat about the Jesus blanket
• 3:30:04
  and God thing that we talk about here.
• 3:30:06
  And I don't believe he invoked the Jesus blanket clause on this
• 3:30:12
  one. He talked about his faith and
• 3:30:14
  how it's helped him, but he didn't hide behind it as so many
• 3:30:19
  of them do. As we've talked about where they
• 3:30:22
  will, they will say that they found Jesus and that has saved
• 3:30:27
  them, but then not necessarily take responsibility for what
• 3:30:30
  they have done. I didn't get that impression off
• 3:30:32
  this guy. I think he took responsibility.
• 3:30:36
  He was pretty honest and upfront about what he did and what he's
• 3:30:40
  done since. And you know, I think that's
• 3:30:43
  the, that's the proper use of faith.
• 3:30:48
  You have to, you have to participate in your own change
• 3:30:56
  and your own redemption and the church and having faith in God
• 3:31:05
  can help you do that. That's a big part of it in my
• 3:31:10
  opinion. But it's not, it's not a get out
• 3:31:13
  of jail free card, which I, I think he did well with, so good
• 3:31:17
  on him. So anyways, a slightly truncated
• 3:31:21
  TCF over time. There's a couple of stories I
• 3:31:24
  wanted to get into. There is a link posted in the
• 3:31:26
  Discord. If you're a channel member, you
• 3:31:27
  can go over there and grab the link and join me if you choose
• 3:31:30
  to. We can talk about whatever you
• 3:31:32
  want to talk about. But I've got a couple of couple
• 3:31:34
  of stories I want to take a look at real quick.
• 3:31:38
  And then if you want to chat, we can't.
• 3:31:39
  Otherwise we'll call it a day, but let me get it pulled up here
• 3:31:43
  real quick. There we go.
• 3:31:47
  There, go there and go. No, not that stuff gets all
• 3:31:59
  messed up. There we go.
• 3:32:03
  OK, so I don't know if you guys have seen this out in the news
• 3:32:10
  world or you've been following it or not, but Savannah Guthrie,
• 3:32:14
  who is a Co host of the Today show, not that I watched the
• 3:32:18
  Today show nor do you because we're too busy here on TCF.
• 3:32:22
  But her mother lives down in Tucson and you know the the TCF
• 3:32:28
  bunker here is located in Arizona.
• 3:32:32
  But her mother was abducted over the weekend and this is like
• 3:32:37
  this is like a thing. They don't think she wandered
• 3:32:38
  off. They think she was abducted.
• 3:32:40
  But this is the latest as of as of this morning.
• 3:32:43
  Blood found inside Savannah Guthrie's mother's home.
• 3:32:48
  Little bit of blood was found inside the Arizona home of Today
• 3:32:51
  Show Co host Janet Guthrie's mother Nancy, whose
• 3:32:55
  disappearance is being investigated as a crime.
• 3:32:59
  It's unclear whose blood it is, but it's being tested.
• 3:33:01
  Investigators and analysts are combing through the house in
• 3:33:04
  search of clues for the 84 year old's disappearance.
• 3:33:08
  Investigators believe that Guthrie was abducted from her
• 3:33:11
  Tucson home in the middle of the night over the weekend, Pima
• 3:33:14
  County Sheriff Chris Namos or Nemos Nanos.
• 3:33:18
  Nanos told CBS News. The sheriff dismissed the
• 3:33:23
  possibility that Guthrie, who lives alone, may have wandered
• 3:33:26
  away from her home because he said she doesn't have cognitive
• 3:33:29
  issues and her mobility is limited.
• 3:33:33
  Authorities have been searching for Guthrie since Sunday.
• 3:33:35
  She was last seen Saturday night, but no one knew she was
• 3:33:38
  missing until she didn't show up for church the next morning.
• 3:33:42
  Guthrie takes daily medication, adding to the urgency of the
• 3:33:44
  search. Savannah Guthrie asked people on
• 3:33:48
  social media to pray for her mother.
• 3:33:51
  So yeah, this is very sad, very scary.
• 3:33:55
  As you guys are putting in the chat, there's some, you know,
• 3:34:00
  who knows what it is, you know, Savannah being famous.
• 3:34:05
  This could be obviously an attempt at at some money.
• 3:34:12
  I wouldn't think at 84 that she's ticked off any cartels or
• 3:34:16
  anything though in that part of Arizona.
• 3:34:18
  They do operate pretty strong. There's there's sections of that
• 3:34:24
  area where they have signs posted urging citizens not to go
• 3:34:31
  into those areas. It's like national preserve area
• 3:34:35
  because it's controlled by the cartels.
• 3:34:38
  We have put up those signs, which is absolutely not so crazy
• 3:34:43
  to me. You know, last time I checked,
• 3:34:47
  this was America and this was our place.
• 3:34:49
  And I'm not saying it's related to this.
• 3:34:51
  Who knows what's going on here? And hopefully, hopefully they
• 3:34:55
  find this woman and she's OK. But it does seem like an
• 3:35:00
  abduction. And I, I would think that the,
• 3:35:04
  the logic would point probably to some kind of an attempt at a
• 3:35:08
  money grab, you know, a ransom type of situation.
• 3:35:11
  I don't know. But I don't know.
• 3:35:13
  It's, it's not good when those things happen in our backyard.
• 3:35:17
  It's not exactly our backyard here at the bunker.
• 3:35:19
  We're not in that part of Arizona, but, but still it's not
• 3:35:23
  what you like to see, especially it's Michael and I have talked
• 3:35:25
  about that. You know, we're a very armed
• 3:35:29
  society down here in Arizona. And I think for the most part
• 3:35:33
  we're more peaceful and have less crime because of it,
• 3:35:36
  because people don't necessarily want to start stuff with us
• 3:35:40
  here. But you also have a situation
• 3:35:44
  here. We've got somebody who's old,
• 3:35:47
  her daughter's famous, so who knows?
• 3:35:49
  But anyways, I want to bring it up to speed on that one and let
• 3:35:53
  you know that that was a story that is out there.
• 3:35:55
  And I think we need to keep an eye on it and I will.
• 3:36:02
  And hopefully, like I said, this develops to a good end.
• 3:36:06
  We shall see. Let's let's go to this story
• 3:36:10
  next, which is just dumb, but it was in my feed this morning of
• 3:36:18
  all of all things Florida Airbnb hosts arrested after lewd act
• 3:36:23
  with a vacuum at Disney area resort community.
• 3:36:27
  Yes, Florida man is at it again at Disney no less.
• 3:36:34
  I Disney keeps taking hit after hit after hit.
• 3:36:37
  I don't know if that's a place I want to go or not, but I don't
• 3:36:43
  know. Florida Airbnb host was arrested
• 3:36:47
  this week after authorities said he exposed himself and engaged
• 3:36:50
  in lewd behavior inside a family friendly resort community near
• 3:36:53
  Disney World. Kevin Dale Westerhold, 51 Dude,
• 3:36:59
  my dude, you're 51. That's almost as old as me, ish.
• 3:37:04
  You know better. You know better by the time
• 3:37:07
  you're 51. What the hell was taken into
• 3:37:10
  custody Tuesday following reports of a partially nude man
• 3:37:13
  behaving inappropriately at Windsor Hills Resort vacation
• 3:37:16
  home rental community in Kissimmee.
• 3:37:19
  According to Osceola County Sheriff's Office, deputies were
• 3:37:24
  first called to Grassindale Street on January 22nd after
• 3:37:29
  residents report a man exposing himself in front of a residence,
• 3:37:33
  quote. Witnesses provided statements in
• 3:37:34
  a cell phone recording showing a partially clothed male engaged
• 3:37:39
  in an appropriate conduct, according to local outlets.
• 3:37:44
  The video allegedly shows the man performing a sexual act with
• 3:37:47
  a vacuum cleaner. The victims that observed this
• 3:37:53
  behavior provided a statement and a cell phone recording of
• 3:37:56
  the male partially clothed in front of the residents engaged
• 3:37:59
  in a sexual performance of the vacuum cleaner.
• 3:38:01
  Suspect fled the area before police arrived.
• 3:38:04
  No kidding. Subsequent investigation
• 3:38:08
  revealed that Westerhold and his wife are listed hosts on Airbnb
• 3:38:11
  properties in Grass and Dale St. and El Almaton Loop, both
• 3:38:16
  located in Windsor Hills Resort. Community Police also reviewed
• 3:38:22
  several complaints from previous day, January 21st, when a
• 3:38:25
  resident reported seeing a nude man in a shared hallway Ring.
• 3:38:29
  Camera video from that incident was turned over to law
• 3:38:32
  enforcement. The deputy canvassed and
• 3:38:35
  obtained additional statements from residents reporting similar
• 3:38:37
  behavior by the suspect. What is wrong with people?
• 3:38:55
  I don't get it, Ashley says. That's dangerous.
• 3:39:01
  Yeah, no doubt. I, I, I don't know what to say.
• 3:39:07
  I just wanted to share that one for the ridiculousness of it.
• 3:39:16
  I've lived a decent amount of years now and I will just say
• 3:39:20
  this. Whatever its satisfaction he was
• 3:39:24
  seeking, it's not that hard to go find it like the proper way
• 3:39:29
  in real life. It just isn't.
• 3:39:32
  There's there's apps that help you get that done.
• 3:39:35
  Now you don't have to resort to a vacuum cleaner.
• 3:39:39
  What is up with people's brains? Why are we so broken?
• 3:39:44
  It just don't drink the water at Disney World.
• 3:39:47
  Perhaps. I don't know, shake my head.
• 3:39:51
  No idea. Like I said, I showed that one
• 3:39:55
  for the ridiculousness of it, but it seems like something.
• 3:40:02
  It doesn't surprise me though, either with the the people that
• 3:40:05
  we see in the courts that we follow and the ridiculous
• 3:40:08
  behavior. I don't know.
• 3:40:15
  I'm questioning, though, how this one gets punished.
• 3:40:18
  I don't know where this falls because we see like crimes
• 3:40:21
  against children and that's punished by a slap on the wrist
• 3:40:25
  and free dinner coupons in Florida.
• 3:40:30
  If you take a fish out of season, it's life plus 20.
• 3:40:34
  Where does this fall? I don't know, but it's a
• 3:40:39
  curiosity. Michael, do you know where this
• 3:40:45
  one would fall? Tell you what, that story sure
• 3:40:49
  does suck. Ha ha, I, I, I don't even know.
• 3:41:00
  First of all, if you get it first, dude, use a dust Buster.
• 3:41:04
  Don't use a vacuum. I mean, come on, do what the
• 3:41:06
  rest of us do. I don't know.
• 3:41:11
  I I don't unders Ah, come on Dan, this video is already going
• 3:41:18
  to be demonetized anyway because of Judge Stevens.
• 3:41:21
  You know, going all ghetto on us.
• 3:41:23
  I'm going to unlist it until it processes and I can edit that
• 3:41:26
  out. Yeah, well, thanks a lot, Judge.
• 3:41:30
  Of all the judges that wouldn't, Oh my gosh, one for to.
• 3:41:37
  I mean, if we were in Boyd's court or something, it would
• 3:41:40
  probably slide past the YouTube Lords and Judge, Yeah, Judge
• 3:41:44
  Boyd has certainly dropped that word a few times when talking to
• 3:41:48
  people because she gets these people to come in there and
• 3:41:51
  they'll she'll read through the steps and she'll say, do you
• 3:41:55
  really think that's an appropriate use of the word?
• 3:41:57
  Actually, somebody in there wore a shirt about that or something.
• 3:42:01
  I don't know. She's, I, I don't know.
• 3:42:03
  It seems to. Yeah, it seems to just kind of,
• 3:42:05
  I don't know. It just sounds more natural.
• 3:42:08
  I don't know. Judge Stevens is like the last
• 3:42:10
  person, maybe Stevens McNally, you know, probably the last two
• 3:42:15
  people that should be even reading it.
• 3:42:20
  What a day, What a day on TCF capped off with Florida man.
• 3:42:26
  I mean, Florida just doing what Florida does.
• 3:42:28
  And at Disney, I guess it is the happiest place on Earth, I
• 3:42:32
  suppose. I no, I would, I would argue
• 3:42:36
  that that's pretty sad If you got if you got a resort to the
• 3:42:42
  vacuum cleaner. I mean, your life has issues.
• 3:42:47
  There's a lot. There's a lot to unpack there.
• 3:42:49
  I'd love to. A person like that needs a
• 3:42:53
  documentary. I mean, they really there needs
• 3:42:55
  to be like a whole investigation as to where your life went
• 3:42:59
  wrong, all of the various things that led you down the path and
• 3:43:04
  culminating in what has to be rock bottom.
• 3:43:07
  You know, they talk about it on the parole board, hitting rock
• 3:43:09
  bottom when you go and commit aggravated robbery.
• 3:43:11
  No, no, no, rock bottom is right there.
• 3:43:15
  It is right there at the end, at the business end of a vacuum at
• 3:43:20
  Disney World. Oh, dude, this is totally ATLC
• 3:43:24
  show. The Vacuum Diaries where where
• 3:43:28
  they follow men across the country who are just addicted.
• 3:43:33
  Addicted to Hoover's Where it all started with my Dyson, my
• 3:43:39
  mom's Dyson back in 1978. I was, I was just a teenager and
• 3:43:45
  back then even linoleum looked good.
• 3:43:48
  So you know, that's just how it starts.
• 3:43:50
  But let me tell you where it LED from there.
• 3:43:53
  It's, it's a, it's a gateway appliance.
• 3:43:57
  The old school money there will use Kirby's.
• 3:44:06
  I tell you what, man, I, I don't know.
• 3:44:09
  This was, this was such an unusual day.
• 3:44:11
  And then you had, you went there, Dan, I don't know.
• 3:44:15
  I, I don't know. You know, this is, it's got to
• 3:44:19
  cheer you up, Dan. This is, you know, no matter, no
• 3:44:21
  matter how bad a day you're having, no matter what's
• 3:44:24
  happened to you today, even the guy in the parole board hearing,
• 3:44:28
  at least you're not Florida man today.
• 3:44:31
  Somebody else's life always sucks more.
• 3:44:36
  I know what you're saying. That's exactly.
• 3:44:40
  Oh, my gosh. You know, I I don't, Sir, That's
• 3:44:47
  the 4th vacuum you've bought this month.
• 3:44:50
  Yeah, I see. I don't want a passion that now
• 3:44:55
  like, you know, you can only buy so much Sudafed.
• 3:44:57
  You can only buy so many vacuums in a month.
• 3:44:59
  I I don't know. There's there's got to be some
• 3:45:02
  registry. I don't know.
• 3:45:04
  It's this is, you know, I don't know what's going on, Dana.
• 3:45:08
  The world has just gone topsy turvy.
• 3:45:12
  It's it's crazy. Can you imagine first appearance
• 3:45:15
  on that, you know, where he's ordered no contact with the
• 3:45:18
  vacuum And then the the the lawyer argues, you know, can can
• 3:45:24
  we have no assaultive contact? Well, judge, he does have a
• 3:45:30
  Roomba and I I believe that that's probably a safer
• 3:45:33
  alternative, although I I don't know.
• 3:45:40
  This is this is just, I mean, what in what, in what in blazes
• 3:45:45
  is going on here? Man, what a day three for three
• 3:45:50
  on the parole board and then this.
• 3:45:52
  I mean, we have hit historic highs, lows.
• 3:45:59
  I don't know, I don't think I don't think the Roomba is the
• 3:46:01
  answer either. Suddenly it's overheard from
• 3:46:04
  next door, his wife shouting out ride the Roomba, Kevin, ride the
• 3:46:08
  Roomba. Well, well, I mean, you know, he
• 3:46:12
  probably look, we see plenty of videos where where cats or even
• 3:46:15
  dogs are are on the Roomba. So hey, why not people?
• 3:46:21
  Man, I can I'm I'm looking next to me.
• 3:46:23
  There's again here, here's a cat right here and you know, if she
• 3:46:28
  wasn't probably so freaked out by things like that, actually, I
• 3:46:31
  could see she swats at the at the at the electronic
• 3:46:35
  toothbrush. So I maybe she can go after the
• 3:46:38
  Roomba. I don't know people, people,
• 3:46:40
  what's wrong with people? People are broken.
• 3:46:42
  Dan, we yes, they are. Maybe the simulation is if this
• 3:46:47
  is a simulation, it's broken. It's completely gone awry.
• 3:46:52
  You know, there needs to be some a check disk run, a error check.
• 3:46:57
  We need to take a look at the hardware.
• 3:47:01
  I I don't know what, what happened.
• 3:47:06
  What's frightening to me is, you know, just when, you know, we
• 3:47:11
  see so much weird here. And I mean it, it was yeah.
• 3:47:17
  It was a good day from the standpoint like we saw with the
• 3:47:20
  parole board there the, that we went three for three.
• 3:47:23
  But the guy at the end especially, I felt like, you
• 3:47:25
  know, he was taking good responsibility for what he did.
• 3:47:28
  So we see some good. I agree.
• 3:47:30
  But yeah. But then we redemption arc.
• 3:47:32
  But then the lunacy and it, it's it I, I, I swear, Michael, I, I
• 3:47:39
  see these things every day. Yeah.
• 3:47:42
  And I go, yeah, that's about as crazy as it'll get.
• 3:47:44
  And then somebody just steps up and it's like, hold my beer.
• 3:47:48
  I, I swear. I I, I for years and years, I've
• 3:47:53
  said, well, now I've seen everything.
• 3:47:55
  I there's nothing else that I could see that would surprise me
• 3:47:58
  or stun me or shock me or And yet every day I find something
• 3:48:04
  else. Now, you know, lost in the
• 3:48:07
  shuffle. Today we have another guy in
• 3:48:09
  Judge Stevens court with six. Count them six.
• 3:48:12
  DW is Yeah, I stepped out for that.
• 3:48:16
  When I missed it, I got to wash it back.
• 3:48:18
  That guy had 6 starting in 2008. So it's not like these go back
• 3:48:24
  to, you know, the 70s or 80s. These, you know, this is within
• 3:48:27
  the last 18 years. This guy's picking up six DW is
• 3:48:32
  from Harris County wall across Texas.
• 3:48:36
  And, you know, clearly he has an issue and, you know, he, he only
• 3:48:41
  got 3 years. And, you know, they, I think
• 3:48:48
  they wanted to argue probation initially, but then they just, I
• 3:48:53
  think before that hearing took place today, they, they came up
• 3:48:56
  to a conclusion that he would have to do sometime.
• 3:49:00
  So he's going to do three years. The three years for six DW is,
• 3:49:04
  is a pretty light sentence, I would say.
• 3:49:08
  Yeah, it is. I mean, this, this Harkins back
• 3:49:11
  to what we talked about in sidebar the other day.
• 3:49:15
  Yeah, but I mean, 6 is a lot, 6 of anything is a lot when it
• 3:49:20
  comes to a crime, even petty crimes.
• 3:49:24
  So, you know, and then we, I, I not now because of all this, I,
• 3:49:29
  I can't remember the rest of the cases today other than the
• 3:49:32
  parole board stuff, which again was great redemption arcs and
• 3:49:35
  all that. That's feel good.
• 3:49:36
  And then the other story, Dan and, you know, Michelle was
• 3:49:39
  talking to me about this and, and before I think I knew who
• 3:49:44
  Savannah Guthrie was. I think I I'd heard.
• 3:49:47
  But I, I look, I haven't watched the Today show and I can't
• 3:49:50
  remember how long. I the last person I knew that
• 3:49:53
  was on there was that Hoda Kotbi and somebody else.
• 3:49:57
  I can't. And so last time I watched it
• 3:49:59
  was Bryant Gumbel and Jane Pauley.
• 3:50:02
  Yeah. And you know, I remember that,
• 3:50:05
  too. That was when I was a kid.
• 3:50:07
  Then Katie Couric came in there in 1991 and she was there and
• 3:50:12
  then creepy ass Matt Lauer was in there.
• 3:50:15
  Who you know, is, I mean, you thought the vacuum guy was
• 3:50:19
  creepy at a special button to lock his door from his desk.
• 3:50:23
  Mag lock on his door. That was, I mean, my goodness,
• 3:50:31
  again, there's documentaries all over the place.
• 3:50:34
  We people could, could chronicle that, dig deep down into the
• 3:50:39
  psyche of all of that. I, I would have loved to have
• 3:50:44
  seen, I would have loved to have seen that go full, full criminal
• 3:50:48
  trial. And man, that would have been
• 3:50:50
  something to cover here. But yeah, people are broken,
• 3:50:55
  Dan. I think that's the bottom line.
• 3:50:57
  And then and then, yeah, the, the, the mother being kidnapped
• 3:51:01
  or whatever. I don't know if the people that
• 3:51:03
  did that even knew who they were getting involved with.
• 3:51:10
  I think because my understanding is her, the house that she lives
• 3:51:14
  in is not this elaborate. It's not some mansion.
• 3:51:17
  It's not a palace. First of all, it's in Tucson.
• 3:51:20
  So there's no such thing as a palace down there.
• 3:51:22
  I mean, you know, you're, you're lucky if you have plumbing And,
• 3:51:24
  and I mean, they just invented the wheel two weeks ago down
• 3:51:27
  there. So, but no, my understanding is
• 3:51:31
  the house from what I saw is like, it's like a, a modest
• 3:51:36
  house. It's a little bit above average,
• 3:51:39
  you know, a little bit above like you, what you would call a
• 3:51:42
  middle class home. It's, but it's not at all some
• 3:51:45
  mansion, not something that you would expect a rich person to
• 3:51:49
  live in or anything like that. So I think it's, maybe it's a
• 3:51:52
  case of just a random crime. Maybe.
• 3:51:56
  I don't know. I, I, I hope for the best.
• 3:51:59
  But yeah, it's the fact that her home was modest that makes me
• 3:52:07
  wonder if she wasn't taken for a ransom situation because what
• 3:52:13
  would be the motivation otherwise to go in there and
• 3:52:16
  take an 80 some year old woman out of a modest home?
• 3:52:22
  Could be. That's the only thing.
• 3:52:24
  I mean, people do dumb things. But but the the probability of
• 3:52:29
  that, I don't know. It just doesn't make sense to
• 3:52:31
  me. Yeah.
• 3:52:32
  Of all people by just robbing it and, you know, you know,
• 3:52:35
  knocking her upside the head to knock her out or something, but
• 3:52:38
  to take her out of the home, which, yeah, that was not robbed
• 3:52:42
  or anything. Yeah.
• 3:52:44
  Well, then that's the other thing is, yeah, there's no signs
• 3:52:48
  of robbery there. There's just a person, you know,
• 3:52:52
  clearly it looks like they were dragged out of there from what I
• 3:52:54
  read. And there was some blood found.
• 3:52:57
  And so whenever you see all that, it, it's really not a good
• 3:53:00
  sign unless there's a detail that hasn't been disclosed,
• 3:53:05
  there's no evidence that there's been any sort of ransom note or
• 3:53:10
  any sort of demand for money. So I, I don't know what make
• 3:53:14
  that public if there is, right? So, but it's one of those things
• 3:53:19
  that I, I just, I kind of wonder and, you know, not to go dark on
• 3:53:25
  it, but those things never turn out well or very rarely do they
• 3:53:28
  turn out well. And especially when you have an
• 3:53:30
  elderly person, elderly and children, I mean, it's just, it
• 3:53:32
  just doesn't go well. And that sucks.
• 3:53:37
  You know, 84 years old, you know, Michelle's mom's 84.
• 3:53:40
  My mom isn't quite there. But, you know, I just can't
• 3:53:44
  imagine how one would feel. So as as sad as this sounds, it
• 3:53:50
  would almost, I think, be better for the family and probably for
• 3:53:56
  the the lady as well. If there was some kind of a
• 3:54:00
  mental break there, you know, like she had some kind of stroke
• 3:54:04
  or something and wandered off from it because she was
• 3:54:06
  confused. As sad as that is, I think that
• 3:54:10
  has a cleaner and more acceptable resolution for the
• 3:54:15
  family than if she was actually abducted.
• 3:54:18
  Yeah. But unfortunately, from
• 3:54:20
  everything that I hear, I mean, she seemed like she was in
• 3:54:25
  reasonable cognitive health even though she wasn't in good
• 3:54:28
  physical health. And so that the odds of that on
• 3:54:31
  a dime, though. That's true.
• 3:54:33
  That's true. I mean, my, my, my wife's father
• 3:54:37
  was a very well read, very well spoken man who knew a whole
• 3:54:45
  bunch of things and could talk for hours on subjects.
• 3:54:51
  And he had a stroke. And by the next day, the only
• 3:54:55
  thing he was left with was the ability to say God damn.
• 3:55:00
  Yeah. So I mean, you know, Yeah.
• 3:55:05
  No, I, I who knows. I hear you.
• 3:55:07
  I hear you. That's that's the unfortunate
• 3:55:09
  part of getting old. One of the one of the many
• 3:55:13
  wonderful things you have to look forward to is your age.
• 3:55:16
  They say with age comes wisdom, but I don't know.
• 3:55:19
  I'm a TCF in the chat. I am 83 and see absolutely no
• 3:55:23
  reason why anyone would want to kidnap me.
• 3:55:25
  Well, because they know that they would not succeed.
• 3:55:30
  They they would not get out of this house alive, Mom, right.
• 3:55:35
  So, so there's that. Yes, it's, it's safe with, with
• 3:55:41
  my mother. There's there's a there's,
• 3:55:44
  there's no way that's going to happen.
• 3:55:47
  Not not without quite a fight, but that's, that's Arizona.
• 3:55:53
  But it's, that's, that's what makes it so weird is why why?
• 3:55:56
  I mean here, I just think you have to be such an idiot to
• 3:56:02
  break into any house in Arizona. You are playing Russian roulette
• 3:56:06
  because behind almost every door in this state is at least one
• 3:56:13
  gun. And you know, I even though you
• 3:56:17
  have the element of surprise because, you know, you win the
• 3:56:19
  initiative because you broke in, but that doesn't mean a whole
• 3:56:23
  lot sometimes. And I don't know if I was going
• 3:56:29
  to commit a crime if I was to be a burglar, Arizona would be
• 3:56:34
  pretty close to the bottom of my list of states to pick up that
• 3:56:38
  career choice. Yeah, no, it's not wise.
• 3:56:41
  But you know, people, Yeah. Well, then again, using a vacuum
• 3:56:48
  in that way is also not wise. So yeah, yeah, there's a lot of,
• 3:56:53
  a lot of brain dead folks out there, like very scramble
• 3:56:57
  brained individuals that are out and about in this world.
• 3:57:03
  You know what? I'll just leave it with this.
• 3:57:05
  At least Florida Man did not take a fish out of season.
• 3:57:08
  There's still a redemption arc possible.
• 3:57:12
  Well, of course he didn't, because he may be a criminal,
• 3:57:15
  but he's not a monster. Exactly.
• 3:57:21
  It's a weird world, my friend. It is a weird world.
• 3:57:24
  What are we going to do about it?
• 3:57:25
  I don't know. But we do have sidebar tonight,
• 3:57:28
  8:00 PM E, 5:00 PM Pacific. Yeah, we're talking about stuff
• 3:57:34
  and probably things. Yeah, probably things.
• 3:57:39
  And we have in the blind tomorrow night and there we'll
• 3:57:43
  also be talking about stuff. Yeah, we legitimately don't know
• 3:57:46
  what we're talking about. We don't.
• 3:57:48
  And that's the point. We don't stuff and things that
• 3:57:50
  grab and junk and poop. And yeah, we don't know until we
• 3:57:53
  go live and Beth tells us and we just kind of roll our eyes and
• 3:57:56
  disbelief and figure it out. Yeah, it's a good show.
• 3:57:59
  That's, that's the purpose of that show.
• 3:58:02
  I, I forgot what we're talking about on sidebar, but we'll
• 3:58:04
  probably figure it out between now and then.
• 3:58:07
  Well, I'm going to go schedule it here in just a couple of
• 3:58:09
  minutes, so we'll all know then. Good.
• 3:58:11
  But yeah, I've got notes somewhere.
• 3:58:13
  I just gotta figure it out. I know.
• 3:58:15
  I it's in my phone. I just.
• 3:58:18
  I'll figure it out. Exactly.
• 3:58:21
  All right. Well, thank you, Mikey.
• 3:58:22
  I'll see you all right. Yes.
• 3:58:23
  Yes, Sir. Bye.
• 3:58:27
  All right. Michael Groff.
• 3:58:28
  Ladies and gentlemen, the official TCF weatherman guest
• 3:58:31
  host, sidebar panelist in the blind with Mike and Dan.
• 3:58:36
  He does it all. I had another story I was going
• 3:58:40
  to share with you guys, but I'm going to save it until tomorrow.
• 3:58:44
  And it's about a judge in Detroit who's now facing some
• 3:58:49
  federal charges. But you know, we had to get off
• 3:58:54
  on talking about vacuum cleaner, man.
• 3:58:56
  So we got off on a tangent. Anyways, we'll see y'all
• 3:59:01
  tomorrow. 9:00 AM Eastern, 6:00 AM Pacific.
• 3:59:04
  Half an hour early for channel members.
• 3:59:06
  If you're not a channel member, work on that.
• 3:59:08
  We're having fun on the pre show.
• 3:59:10
  I'm trying to bring a little more light and a little more
• 3:59:12
  humor and start our day off right.
• 3:59:15
  So join us for that. It's $2.99 a month if you're not
• 3:59:19
  a channel member, so look at fixing that.
• 3:59:21
  Just a suggestion, but we'll see you all tonight right here on
• 3:59:24
  this channel. 8:00 PM E, 5:00 PM Pacific for sidebar.
• 3:59:27
  In the meantime, go have yourself a good day.
• 3:59:29
  Take care, God bless.