Latest / The Courtroom Files / February 19 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #234

Transcript

February 19 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #234 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Thursday, I believe it is.
• 0:03
  Welcome to TCF live, good to have you all here.
• 0:05
  We're going to start our day in Allegan County Michigan, a
• 0:08
  community known for having one of the best.
• 0:10
  If not the best county fairs in the state of Michigan, the rest
• 0:15
  of what they're known for. We'll just ignore all that.
• 0:18
  This is Judge Joseph scope Ellis.
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  Or Cosell one of those same as Mrs. Villarreal.
• 0:26
  President or guessing she's still in custody any impact
• 0:33
  statement. She filed with your office prior
• 0:36
  to being arrested Mr. Duffield, yes, here.
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  And I do have a impact statement for, for this one.
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  Um, it's really real estate. I personally do not feel like a
• 0:47
  victim to Cicero Crowder, I do not feel, he is an abuser, I
• 0:50
  feel things just got out of hands on both sides and
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  unfortunately, because of court ordered no contact, he's not
• 0:56
  able to see his babies, which is messed up and wrong, because he
• 1:00
  was always, He was and always has been a go, a good father and
• 1:05
  my baby deserves to see her biological father.
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  I was not injured emotionally physically in any way he did not
• 1:12
  harm or hurt me. I know he has no intention of
• 1:14
  hurting me if he really did and he would, he only grabbed me to
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  startle me. He thought I had and because he
• 1:24
  thought he had a reasonable suspicion, I was in possession
• 1:27
  of his phone because I had placed it next to me on the bed
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  after holding it. I was not able to grab all of my
• 1:33
  things due to the cops not having enough room.
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  I left all my babies clothes and all of my clothes as well as my
• 1:41
  dog for compensation. She just wants to get her things
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  back and but we have no official or formal restitution request.
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  I don't think this misunderstanding calls for any
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  payments or severe punishment. I asked the judge to consider
• 2:00
  leniency with Cicero because of his good nature.
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  He's a real sweet guy. Things just got out of hand, do
• 2:06
  to me, threatening to break his phone.
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  Thank you, need some therapy, anger management.
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  I think he would benefit from consisting counseling.
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  Like I previously said, Cicero isn't always has been a good
• 2:17
  person. I just provoked an argument by
• 2:20
  constantly posturing him. I do not like how the cops to
• 2:24
  access her. Oh, I asked them not to press
• 2:26
  charges because it was just a big misunderstanding.
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  It's just And if this error goes to jail, he would miss out on
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  his first. And only kids life, it's not
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  only important. For Natalia to see her dad but
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  for him to be present to her life and as many ways as he can,
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  he's always made me feel safe and loved.
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  And that's what I have for the court.
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  Thank you. Ricardo.
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  This is your chance to tell me anything you would like to for
• 3:00
  your sensing as well. You know, I'm unable to hear any
• 3:28
  conversation in the courtroom. He's not saying anything right
• 3:33
  now. Oh,
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  you don't have to tell me anything, but if you'd like to,
• 3:48
  this is your chance. Yes.
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  Not hearing anything. So mistress on behalf of your
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  client resetting, Thank you. Tessa appearing on behalf of Mr.
• 4:10
  Cesaro Crowder. I think the events of yesterday
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  and the statement Today Show, this is just unfortunately, a
• 4:17
  very toxic relationship that it has broken down into with both
• 4:22
  parties. Having different
• 4:23
  responsibilities and having different levels of incidents
• 4:27
  that have occurred Mr. Crowder, did take responsibility by
• 4:31
  entering guilty, plea for his actions that day.
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  He knows he made a mistake and he wants to move, be able to
• 4:37
  move forward from it. As stated, they do have a child
• 4:41
  in common that he raises and supports as well.
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  So we would ask the court, take that and consideration when
• 4:48
  moving forward we would ask for finding costs in a short term of
• 4:52
  probation. Thank you.
• 4:59
  It's starting with probation as you don't follow orders because
• 5:02
  you didn't file. The course orders on bond, which
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  was to not have any contact with her having contact with their
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  cause of police to come out yet again and she got arrested and
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  you got arrested. So we're gonna look at more
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  orders here for probation, which I kind of dealt you're going to
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  follow anyway. But in any event on the charge
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  of domestic violence, first offense, will place you on
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  probation for a period of one year, that will be with domestic
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  violence counseling as directed by the probation department of
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  bail, which you violated yesterday is going to be
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  continued as a condition of probation.
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  That's no contact with Lamaya until further order of the Court
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  as you will understand. That's no contact with her.
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  You can have contact with your child.
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  Okay, she may not give that to you but that's a medic for the
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  family court. So enter this case only you and
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  her can't have the context not prevailing any contact
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  whatsoever with children. Because of your conviction for
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  domestic violence. She no longer be able to owner
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  possess any firearms for at least the next eight years, that
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  will be a specific condition of your probation as well.
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  The charge of domestic violence. The finest 300 dollars, court
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  cost or $300 State costs and fees are 125 dollars.
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  There is a 3650 oversight, pay for that term of probation.
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  For a total of 1,085. Quartiles shows you were
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  originally released from jail after posting.
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  A 3,000 dollar, sure he buy. So all of that money is still
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  due because once you paid days with a bondsman, which you will
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  have the entire time on probation, to pay that amount on
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  a monthly payment plan set up through the probation department
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  at this point. Mr. Crowder are probation
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  department is going to get the file, and we're going to have
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  you go down there and meet with them.
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  Hopefully, this goes better than your conditions of your bail.
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  Hold, this is a last jail time. You're going to do.
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  That you just did yesterday. Okay, good luck sir.
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  Thank you, sir. I apologize.
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  How long is the term of probation?
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  One here. Thank you.
• 7:15
  So early. Hello.
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  What is your name? Mark time, k e.
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  I m, there's a lot of background noise.
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  All right, I'm trying my best to give it another signal.
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  Just have to go someplace else where there's no background
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  noise, or I'm going to have to adjourn this and have you come
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  to court in first and okay? Okay um if your background
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  noise. Now there's nobody around
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  nothing there is that this is wild two five three six eight
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  four S M people versus Mark Richards today for sentencing
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  charge in this case with a charge of assault and battery
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  and on January 29th you entered a plea of guilty to that charge,
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  Prosecutors Office. Requested, we set this.
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  We're sentencing at a later date for crime victim, rights
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  purposes, Mr. Briefly, if you would have a seat up here at the
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  table, so we can record this. Mr, Burley is present in court
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  today. This really, this is your chance
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  to tell me anything. You'd like to regarding what,
• 8:37
  Mr, Kim's sentencing should be today.
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  Thank you. So early to victim of this
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  assault case, Mark King has been a verbal Lee and physically
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  abusive vulgar man. He is a salted me on three
• 8:52
  different dates and only been charged for one.
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  So far Mark thought he was entitled to my rental home.
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  Rent-free, he thought he was entitled to verbally, abused,
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  and physically assault me in front of my special needs son.
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  While we were on a walk. In this case, Work has been
• 9:12
  evicted out of my home and convicted of assaulting.
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  Me a Darkness has been lifted out of my property and our
• 9:19
  neighborhood since the eviction. Mark, has some real anger issues
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  that need to be addressed. Marcus hit the my phone out of
• 9:28
  my hand seven times and damaged, my phone Mark needs consequences
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  for his behavior and I would hope for jail time and
• 9:37
  restitution for my phone. I do forgive Mark, but I feel he
• 9:42
  really needs some Mental Health. Thank you for this opportunity
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  to share my thoughts and holds. You have any damage repair,
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  receipt for your damaged phone? I Know, I turned in a cost of a
• 10:01
  new phone. Well, that's not what you're
• 10:04
  entitled to, you're entitled to reimbursement for what you lost.
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  So if you lost a five-year-old phone, you're entitled to the
• 10:10
  value of that, five year old phone, you can't come off better
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  than you were. So in other words, we'd have to
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  know what the fair market value of the phone was if it was
• 10:18
  destroyed or it was the damage cost was the probation
• 10:23
  department. If you want to get with them
• 10:25
  later, it can have you fill out an amended form, but you will
• 10:29
  not get the placement cost of a brand new phone only what phones
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  value was when it was lost, Mr. Can't see you.
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  Are you still with us? Yes, sir.
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  This is your chance to tell me anything.
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  You'd like to present singing as well.
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  All right. He has his ultimate with his
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  least blower with police documented.
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  He broke my glasses and broke the screen on my phone, that had
• 10:57
  my back pocket but he hit me with a leaf blower.
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  Because he came over to where I was staying with Amber, my
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  roommate and she was, she terrified of it.
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  Be back cameras pointing into the house.
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  He's got brush piled up outside the front of the door and the
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  back yard, so he can go behind all this brush and And watch and
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  whatever he does. I don't know, but she is scared
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  of him and I did not the phone out of hand seven times, it was
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  only once or twice after he hit me with it.
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  And I didn't want that to happen again.
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  So yeah, I I not blown out of his hand because he I'm guilty
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  of that. I already pleaded guilty of
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  that. You're kind of one question I
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  had for you. After looking over the materials
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  I have for sentencing. Do you currently hold in
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  Michigan CPO? Know.
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  I don't I don't have that. Tough question.
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  Do you hold a Michigan concealed pistol, license.
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  Yes or no? No.
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  No, no, okay. Because I saw the materials that
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  we were fingerprinted for one did not give you one.
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  Yeah, I did, but I my home burnt down, I lost everything so I
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  don't have no use for it. I don't conceal pistol anymore.
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  I have got burned up. All right, I just have to verify
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  that because an assault of conviction would cause a loss of
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  that and it will probably cause you to not get one in the future
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  for a while. So.
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  Okay, Miss foogle on behalf of Mr. Kime for Sensei, thank you,
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  honor yes, this situation came About from a landlord tenant
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  dispute with a lot of history. As I'm sure you've heard today,
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  it has included arguments, that ended up with Mark.
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  Also being hit with things like a leaf blower or a phone in the
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  past. And this particular interaction
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  began with the complaining, witness filming with without his
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  permission or consent. They had gotten into an argument
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  that escalated. And if Mark could go back to
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  that day, he would have walked away and he would have called
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  the police. When he felt like he was being
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  harassed, he would not have handled the situation himself in
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  a physical way. Mark, no longer lives at the
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  address for this occurred and he no longer lives anywhere near
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  the complaining. Witness Mark is also 64 years
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  old and has had no criminal record.
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  Prior to this incident, the prosecution was comfortable
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  agreeing to ascending recommendation of no jail and we
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  would request finds and costs only in this matter.
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  Additionally, honor if possible we would request that the court
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  minimize finds and costs as Mark is currently homeless and is
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  working on regaining stable housing.
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  Thank you. Yeah, his criminal history.
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  I'm showing Mr. Chime has a half dozen misdemeanor charges.
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  Some of these are fairly recent 24/24. 24, 24 first assault of
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  offense. And any event I am concerned
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  about an assault of case and we have a situation here where the
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  victim is requesting no contact with him.
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  Based on those facts, I do feel a short term of probation, is
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  required here. We'll place this time on
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  probation for a period of six months that will be with
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  counseling services as directed by the probation department.
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  Condition of probation, will be no contact with Philip Burley
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  until further order the court, which means Mr. Combat have to
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  literally son amendment to your probation order, the find on
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  this charge of assault and battery is 300 dollars, core
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  cost 300 dollars, they cost and fees are 125 dollars.
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  There is a 180 dollar oversight fee for that.
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  Tremor probation. And at this point again, I don't
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  have a restitution amount for any phone damage because they
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  have to use the statutory basis, which is a fair market value of
• 14:57
  at the time it was damaged or destroyed, but that could be in
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  amendment to a probation order at a later date.
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  With that sir, we are going to send your file down to the
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  probation department. They're going to contact you
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  before noon today, hopefully and start to set up that probation
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  order with you. What?
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  Telephone number. Can they reach you at today?
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  I just got a new phone. Four or six seven.
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  Oh really? I'm sorry.
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  I should take your time and look at the phone and see what
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  numbers on your new phone. Okay, if I do know how to use
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  it. I don't use this phone for much.
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  I wouldn't know how to even look at the other telephone number
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  for your client. Hi.
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  Yes, your honor, Mr. Haim is currently staying at the Gateway
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  men's home. So I do have the phone number
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  for them to be able to get in contact with him, okay?
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  Would you like me to read it now?
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  Go ahead. Two six nine.
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  Oh, I apologize. Let me make sure that's the
• 16:24
  right number. I have a couple Okay, sorry,
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  it's six one, six. Mr. Kind of probation
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  Department's going to call that number looking for you.
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  So if they don't contact, you be aware that they're looking for.
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  You can always call the court and speak to them but they do
• 16:50
  need to contact you to set up that probation order.
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  If they're unable to do it on the phone, they're going to have
• 16:56
  you come in and personally which is going to be a bit of a drive
• 17:00
  for you. So try to be available at the
• 17:02
  telephone number. You just gave us and they will
• 17:04
  contact you at that number. Good luck to you, sir.
• 17:07
  Thank you, Mr. Burley, thank you, again, contact the
• 17:11
  probation department. If you have any repair for that
• 17:14
  hole, okay? All right, they will tell you
• 17:16
  who the probation officer is, okay?
• 17:20
  Good morning, everybody. Once again TCF live on a
• 17:24
  Thursday, good heavy all here. I'm just kind of sitting here
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  chuckling just a little bit of background information.
• 17:28
  My ex-wife's family, most of them reside in Allegan County so
• 17:35
  when I when I hear stuff like like hitting somebody with a
• 17:39
  leaf blower and I got a new phone but I don't know how to
• 17:42
  use it and all that kind of stuff.
• 17:43
  It just it tracks with this community just perfectly.
• 17:46
  I am incredibly familiar with this community and and yeah
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  Totally fits. Let's stay with them for just a
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  little while. Longer other courts are starting
• 17:57
  to come online, so we'll move shortly but we'll spend a couple
• 18:00
  more minutes here on the probation officer.
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  Very good. They just have a trial in
• 18:12
  diverse. Where he was a defendant this
• 18:16
  victim and the other guy I'm serious.
• 18:18
  I mean, I remember they just tried a case of early, but I
• 18:23
  remember that was. Yeah, this this is a Can you
• 18:31
  hear me? Yes, I can.
• 18:35
  About 254005, SM people versus Caleb Lee brushard here today.
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  For sentencing back on January 30th of plea of guilty was taken
• 18:47
  under advisement on a charge of domestic violence at that time.
• 18:51
  The prosecutor's office. Requested, we set this for
• 18:54
  sentencing at a later date for crime victim, rights purposes.
• 18:57
  We have no one in the courtroom. Is kalea Cassandra Pardee
• 19:03
  president at your office, Mr. Duffield or she found a type of
• 19:07
  an impact statement. Yes, sir.
• 19:09
  We have an impact statement to read the court.
• 19:11
  So I call up writing a victim statement on behalf of Caleb.
• 19:17
  Broussard. I was dating Caleb off.
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  And on for a while. When I didn't, or when I didn't
• 19:22
  do or say what he wanted to hear, he would get very angry
• 19:25
  and get in my face and start yelling, and even pushing me off
• 19:29
  often. The worst part about being with
• 19:31
  Caleb was the mental abuse. He would make me delete everyone
• 19:35
  on social media. He didn't want me to be friends
• 19:37
  with, and monitor my phone. He would also make me stay on
• 19:41
  FaceTime or speakerphone when I was at home.
• 19:44
  So my Mom and Dad could not have a conversation, he didn't know
• 19:47
  about, he said, my parents were trying to turn me against him
• 19:50
  because they would not let him live with us.
• 19:53
  When he did have anywhere to go, or even let him in our house
• 19:57
  because they have heard, he steals, everything he can get
• 20:00
  his hands on many times. My mom would catch him on the
• 20:03
  phone when she was talking to me and she would tell him to hang
• 20:07
  up, he would tell me right in front of my mom, I better not
• 20:10
  hang up the phone so she would grab the phone and hang up on
• 20:13
  him. He would call back over and over
• 20:16
  again. And my mom would try to tell me
• 20:18
  he was crazy and that wasn't normal.
• 20:20
  When I talked to him, later he would cry all day trying to make
• 20:23
  me feel as if I didn't care about him.
• 20:25
  And would try telling me my mom and dad did not love me.
• 20:29
  And how horrible they were to me and he was the only person who
• 20:32
  truly loved me, he tried his hardest to me against my
• 20:35
  parents. Caleb is not only mentally
• 20:39
  abusive, but physically is as well.
• 20:41
  He choked me, he hit my head on a bed frame, he pushed me and
• 20:45
  damaged my car, due to being angry on the day that Caleb
• 20:49
  damaged my car, we were arguing at his friend's house because I
• 20:52
  told him, I didn't think it was going to work between us.
• 20:54
  I decided to leave. And so I went to my car, Caleb
• 20:58
  grabbed me by my hair dragged me back to the house.
• 21:00
  I got away from him again, and locked himself in the car and
• 21:04
  was trying to get out of there. And that's when Caleb started
• 21:06
  kicking my car and yelling at me to open the doors.
• 21:08
  I was terrified that day, watching him, do all of that
• 21:11
  damage to my car. I could only imagine what he
• 21:14
  would have done to me if he had gotten me out of the car.
• 21:17
  Being with Caleb is impacted me in a very negative way.
• 21:20
  I have a hard time trusting people.
• 21:22
  He is also made things difficult for my parents and I do to call
• 21:27
  him my mom after we stopped talking with this friend's phone
• 21:30
  threatening her and saying if he had the chance, he would damage
• 21:33
  my car again, and he's going to do the same thing to their cars.
• 21:36
  I think Caleb could use anger management classes and some
• 21:39
  professional help with abuse on others. and then, I do believe
• 21:44
  that we have a restitution request for the damage to the
• 21:47
  car in the amount of 4,623 dollars and Thirty One cents.
• 21:54
  I believe we have. Sent those documents to opposing
• 22:01
  counsel? I don't believe oh, and I don't
• 22:05
  believe alcohol or Controlled Substances were involved here.
• 22:09
  We have nothing in the court file and how is restitution for
• 22:13
  a vehicle going to be tied into a domestic violence on her.
• 22:16
  There's no charge for any malicious destruction of
• 22:19
  property. I understand you're honor.
• 22:23
  This is what we received, my understanding of the facts.
• 22:26
  Parables the impact statement that there was damage to the
• 22:29
  car, right, as a certain, at the same time as the domestic
• 22:32
  violence incident, so I'm happy to proceed on that point, as the
• 22:38
  court sees, put Okay, well again, just to clarify.
• 22:41
  There was no charge for any damage to the property.
• 22:44
  Only for the domestic violence. Correct.
• 22:46
  That is correct girl. All right, stir brochure.
• 22:49
  Are you able to hear me? Yeah, can you turn your video on
• 22:54
  for us? We can see you.
• 22:57
  Here. I don't have.
• 22:58
  No, you're on the telephone. I was told.
• 23:01
  So this is your chance to tell me anything you'd like to
• 23:04
  present and were you able to hear the statement that Mrs?
• 23:07
  Pardee Yes, I did. Okay, this is your chance to
• 23:13
  tell me anything. You'd like to as well.
• 23:19
  Well, I mean I don't I don't have a lot to say other than the
• 23:24
  day that all this happened. A lot.
• 23:31
  I mean, I I mean I don't know if you want a story from me or not
• 23:35
  so I just I don't know. I don't want anything sir.
• 23:39
  This is your chance to tell me anything you would like to for
• 23:42
  your sentencing. Know, I really wouldn't like to
• 23:46
  say anything your honor. That's fine.
• 23:49
  I'm just focus on behalf of Mr. Brochure.
• 23:53
  Hi. Yes, you're on Earth.
• 23:54
  The day. This incident occurred, Kayla
• 23:56
  and his girlfriend had gone to the mall together.
• 23:58
  Had a nice day. He had even bought her a ring
• 24:00
  that day. However, later in that day, she
• 24:02
  found out that she had cheated on him multiple times.
• 24:05
  Leading naturally to an argument, she broke things at
• 24:08
  the house. He was saying at and left angry
• 24:10
  before coming back again and starting to throw, think trying
• 24:14
  to throw his things out of her car at the house and on the
• 24:18
  ground. Caleb was upset.
• 24:20
  He was angry. He was pushed his limits and he
• 24:23
  reacted without thinking he did grab her by the shoulder and put
• 24:26
  her pull her out of the car as he did stayed as factual basis
• 24:30
  and his plea. Um, as I said Caleb was upset,
• 24:34
  he was angry, but he knows that if he's if he is in this
• 24:37
  situation again, he will not handle the situation himself and
• 24:40
  he would walk away. He would call the police to have
• 24:44
  them come. Instead since this incident,
• 24:47
  Caleb has been focusing on being a good father to his
• 24:49
  two-year-old daughter. Getting a new full-time job at
• 24:52
  the McDonald's imported purchasing his own vehicle.
• 24:55
  And spending time with his family, he has goals to save up
• 24:58
  for his own apartment and obtain.
• 24:59
  A higher paying job. Ideally somewhere, where you can
• 25:02
  work outside, possibly with asphalt or concrete, Caleb has
• 25:06
  not been convicted previously of an assault of crime and the
• 25:09
  prosecution felt comfortable recommending.
• 25:10
  The diversion program. That's we would request the
• 25:13
  court. Imposed, only a short period of
• 25:14
  probation in the domestic violence deferral program.
• 25:17
  Additionally, you're on her on the subject of restitution as as
• 25:23
  you stated as well. Mr. Broussard has been charged
• 25:25
  and convicted of domestic violence.
• 25:26
  Not of any destruction of property, Mr. Bouchard provided
• 25:30
  a factual. Basis for his plea and which he
• 25:33
  admitted to grabbing the complaining witness and pulling
• 25:35
  her out of her car. No, other conduct has been
• 25:37
  proven by the people and Mr. Bouchard cannot be required to
• 25:41
  pay for damage to property that he was not charged for or
• 25:44
  convicted of under people being the McKinley Uh, and restitution
• 25:48
  is intended to make the victim whole and compensate for actual
• 25:51
  loss, suffered by the victim. The person requesting
• 25:54
  restitution in this case, by my understanding is the father of
• 25:59
  the complaining, witness, not the complaining, witness
• 26:01
  herself, a third party, and that's not a victim in this
• 26:06
  case, but rather a third party. Thank you.
• 26:09
  If we and if you do, sorry, if you do choose to impose
• 26:12
  restitution, we would be requesting a formal restitution
• 26:15
  here hearing on the actual amount as what was provided to
• 26:19
  us. Was a preliminary estimate that
• 26:21
  included repairs far beyond what would even arise from any
• 26:24
  conduct alleged in the police report?
• 26:29
  Bruce sharp, the Prosecutors office would have to charge you
• 26:31
  with another offense for malicious destruction of
• 26:34
  personal property, which they very low white do now, but in
• 26:38
  any of that, that's not going to be part of your case here today.
• 26:41
  You just here today in the Church of domestic violence,
• 26:44
  looking at your history. Minor vaping.
• 26:48
  Minor marijuana case. Two careless driving cases, both
• 26:53
  reduced from Reckless, as both from a few months apart last
• 26:57
  fall. Not sure what's going on there.
• 26:59
  But on this case, appears to be your first assault of offense.
• 27:04
  In any of that Prosecutors office, is going to give you
• 27:08
  essentially a slow dismissal on this, because there are offering
• 27:12
  you a First Defense deferral, which means the cases dismissed
• 27:15
  at the end. The deferral program is a
• 27:20
  one-year program so you are going to be placed on probation
• 27:23
  for the next year. Condition of your probation,
• 27:26
  first of all is no contact with Kalia Pardee until further order
• 27:30
  of the Court, which means I would have to sign an amendment
• 27:33
  to your probation order to allow that.
• 27:35
  So even if she changes her mind, you'd still be in violation of
• 27:39
  your probation order. And you could risk, having the
• 27:42
  deferral set aside. If you had contact with her
• 27:44
  before, your probation order is amended, it will also have the
• 27:49
  authority to provide Counseling Services as they see fit or
• 27:52
  domestic violence or for any other purpose.
• 27:56
  The cost of the deferral program, that one year term
• 27:59
  probation is 625. Quart House shows You released
• 28:03
  from the Ogden County, jail and 500 dollar proud.
• 28:07
  So, all of that is due, but you will have the entire time on
• 28:11
  probation to pay that amount on a monthly payment plan, set up
• 28:14
  through the probation department.
• 28:16
  Probation department is going to contact you this morning to set
• 28:20
  up your probation order, what telephone number, can they reach
• 28:24
  you at today, sir? 269.
• 28:29
  Four, three. You are free to hang up the
• 28:36
  court proceeding, be available at that.
• 28:38
  Telephone number, our probation department will contact you at
• 28:41
  that number shortly. Good luck.
• 28:43
  You sir. I hope this all works out
• 28:45
  successfully. Thank you, Mr. Thank you, what
• 28:49
  was the total fines and costs on that one?
• 28:51
  Is that a fine and cost? It's a probation oversight fee
• 28:55
  for the one year through a probation of 625 got it.
• 28:59
  Thank you. That's the same for any DVD
• 29:03
  different. Okay, thank you.
• 29:05
  I appreciate that. Okay.
• 29:10
  Friends other courts are stunning starting rather to come
• 29:12
  online right now, but this is This is the most compelling
• 29:17
  thing at the moment. So we're going to stay in
• 29:18
  Allegan County probably for at least one more case.
• 29:20
  Yep, I can hear you guys find. Can you hear me?
• 29:23
  Yes. Okay. 254319 SD well two five
• 29:33
  four three two zero St. And by 4335 s t, all three cases
• 29:41
  were set today for sentencing. The court file shows that on
• 29:48
  January 16th. This year in order to plea of
• 29:53
  guilty to a charge of operating while intoxicated, second
• 29:57
  offense, that charge carries mandatory jail.
• 30:00
  So I did order. A presence investigation and the
• 30:04
  probation department indicates. You fail to respond to any of
• 30:08
  their requests to have that presence investigation done that
• 30:13
  could result in a bench warrant for you, arrest for your failure
• 30:17
  to comply, but I did tell the probation department.
• 30:20
  We're going to leave this on for sentencing today.
• 30:23
  To see if you appeared you have appeared, we can't do anything
• 30:27
  because you were ignoring the calls from the probation
• 30:30
  department. So right now, what telephone
• 30:33
  number? Are you at sir?
• 30:35
  989 93. 989. Yep, a 935 935. 2780. 27880
• 30:51
  don't go away from that telephone number, the probation
• 30:54
  Department's going to contact you at that number and they're
• 30:58
  going to start the process for the presents investigation.
• 31:02
  They cannot contact you today for some reason you contact
• 31:07
  them. If we don't have any contact
• 31:09
  with you by the close of business today, bench warrant
• 31:13
  will be issued for your arrest and they would do the presets
• 31:15
  investigation while you're in jail.
• 31:17
  So you understand how important this is Mr. Kenny Yes, sir.
• 31:20
  Okay. You cannot ignore them any
• 31:23
  longer because you're right down to getting a bench warrant for
• 31:26
  non-compliance. So do it the easy way, they're
• 31:30
  just gonna call you, they're going to go over some things
• 31:32
  with you, over the phone and they will then prepare a preset.
• 31:36
  Since investigation. We are going to have to a
• 31:39
  journey sentencing for a later date.
• 31:40
  Probably another 30 days because they'll have A need to get a lot
• 31:46
  of materials together for your presence and investigation, they
• 31:50
  are then required, at least two days, prior to sentencing to
• 31:54
  send that to your attorney and she'll have two days to go over
• 31:57
  that with you. Prior to sentencing, sentencing
• 32:01
  will be on a Thursday morning just like this and we'll be able
• 32:04
  to do it over the zoom. Are you still doing in Mount
• 32:06
  Pleasant? Yes, sir.
• 32:08
  So the address we have is current that is correct.
• 32:13
  You are free to hang up the court proceeding again.
• 32:16
  Your files are going down on the probation department will be
• 32:19
  contacting you at the number you just gave us shortly.
• 32:21
  Okay, thank you sir, appreciate you, thank you.
• 32:28
  Ah, friends that half an hour. So we just spent an elegant
• 32:31
  County. It's all so familiar to me, it's
• 32:36
  an interesting Community, we'll just leave it at that.
• 32:38
  Let's let's head out though. Let's go to Ohio, Judge
• 32:43
  O'Donnell, let's see what's going on there today.
• 32:46
  I let my anger get the best out of me and, you know, cap, I did
• 32:49
  40 days and, you know, I know you gave me a shot at probation
• 32:53
  and a program and whatnot and You know, I was I, you know, I
• 32:57
  took the help when, you know, you offered it to me and rather
• 33:01
  than go to prison. I just, you know, I had a, I had
• 33:05
  an altercation with one of the staff members and what was the
• 33:08
  altercation? I just, he wrote me up for
• 33:11
  something that I didn't do and I called out of his name.
• 33:14
  So basically I let you know, my anger, get the best out of me
• 33:18
  and it's something I need to work on.
• 33:20
  What do you mean you call? What do you mean you call them
• 33:22
  out? I I call them a call my bich.
• 33:28
  Is he a bitch? I mean know obviously like no
• 33:31
  he's not. I just wait.
• 33:33
  No, I'm a bitch. I let my anger get the best out
• 33:35
  of me your honor. And then as a result of that
• 33:44
  comment, they threw you out. Yeah.
• 33:46
  Yep. They kicked me out.
• 33:48
  I think I did like 40 40, two days.
• 33:50
  Maybe so I was just getting into like the majority of my classes.
• 33:57
  Well, you started once once he wrote you up, He was walking to
• 34:06
  the central control and you followed him.
• 34:11
  Stood in the doorway of central control.
• 34:14
  Began challenging, the staff member and calling him name's.
• 34:22
  And you walked around the upper level.
• 34:24
  Continued screaming. You're a bitch.
• 34:26
  Fuck you. It's which alerted other
• 34:31
  residents to what was going on? Supervisor tried to talk to you,
• 34:36
  to get you the lower, your voice and control yourself.
• 34:44
  From that U escalated in the same behavior.
• 34:52
  They told you what she had to do to comply, you said you weren't
• 34:55
  going to comply. You were done with the program.
• 35:00
  Went to an unapproved area refused to leave.
• 35:05
  Kept saying you're done with the program.
• 35:06
  Take me back to take, take me back to County.
• 35:12
  So, they perceived you to be a bit of a threat.
• 35:18
  You were taken out. Yes, sir.
• 35:20
  All that all that is true except they they took me to my room.
• 35:25
  I went to my room after all that happened.
• 35:27
  And they're like, are you gonna chill out?
• 35:28
  I said yes. And I try to call him down.
• 35:32
  I took a nap and I was just trying to let it just pass over.
• 35:36
  I was gonna. When I woke up, I was going to
• 35:38
  get up and apologized to the staff member for acting the way
• 35:42
  that I did. but, you know me saying I was done with the
• 35:48
  program. I might have said that one time,
• 35:50
  but they had calmed me down and I wanted to continue the program
• 35:56
  and just get it over with Well, what you wanted to continue the
• 36:02
  program and just get it over with.
• 36:04
  Why don't you, why wouldn't you want to continue the programming
• 36:07
  and get something out of it so that you don't keep coming back
• 36:11
  here? I mean, that is here on our year
• 36:13
  after year. I mean, I just I mean I would,
• 36:29
  if you could possibly put me into another program, I have a
• 36:35
  program. What I mean, some kind of anger
• 36:36
  management class or Any any any kind of program like that?
• 36:42
  Well, the problem is, what? What do you, what do you?
• 36:45
  Why do you need an angry man program?
• 36:50
  Why? I mean, I guess it was more.
• 36:54
  I have anger issues. I do.
• 36:56
  What do you, what are you angry about?
• 36:59
  I feel like all of that stem from where I was at, you know,
• 37:02
  I'm not just like an angry person out on the streets.
• 37:05
  I don't just go up to people and say, you know, start cussing at
• 37:09
  them. Like I'm rarely ever angry, and
• 37:11
  if you'd be in the mental hospital, true.
• 37:14
  I mean, yes. So what's the source of All you
• 37:18
  said the stuff in your pet, what stuff?
• 37:21
  What's what's stuff? I mean, just just my drug use,
• 37:25
  that's that's what got me, angry, just being a failure at
• 37:28
  life. Just not being where I wanted to
• 37:31
  be at in life. That's what that's what got me
• 37:33
  angry. But me, like, you know, have you
• 37:36
  want to be at? Like, I just want to be
• 37:38
  successful. I want to hold a career.
• 37:40
  I want to stay at a job for more than a year.
• 37:43
  I want to raise my son. I want to teach him how to be a
• 37:46
  man and still the values and morals at, you know, my father
• 37:50
  had would give me and to him. And I mean, I just how long have
• 37:59
  you been going to Signature help?
• 38:03
  I started going there again. This year I was out for eight
• 38:07
  days. I had gotten bonded out on a on
• 38:10
  this phone case and I was out for eight days and I signed up
• 38:14
  for their program there and then I came to court on the first and
• 38:18
  I was sentenced to me. Okay.
• 38:20
  So I didn't get to follow through with them.
• 38:23
  What are those record? What's the what's the time frame
• 38:27
  on those records? Kim.
• 38:34
  Okay. He's been with them probably off
• 38:43
  and on for quite some time. And what do they say?
• 38:46
  Your problem is What were they? Okay.
• 38:49
  Well, what kind of substance abuse and it's a dual disorder
• 38:54
  anxiety and depression and whatnot, but that's just, I
• 38:57
  believe that stems from my drug use.
• 39:00
  Okay. So what was the plan to do
• 39:03
  something about it? I got on there MIT program which
• 39:07
  I've been on, she's what Suboxone.
• 39:09
  And I've been taking it regularly, what's this methodone
• 39:13
  crap. So I got off a method.
• 39:15
  Don't I was I got on it when I was in Minneapolis and I ended
• 39:19
  up getting off of it just because I just didn't like the
• 39:22
  side effects on it and I could still use on it.
• 39:25
  I wouldn't I wanted you in many Apple was always in Minneapolis
• 39:29
  and 2020 after I got out of prison, I went out there went to
• 39:36
  a sober house stayed out there for a year and a half and then
• 39:40
  moved to Columbus got in the labors union.
• 39:43
  And now I'm back back in Lake County.
• 39:51
  What was the name of that place, Sunrise, something or other Kim?
• 39:55
  New season, same thing. When did you go to New Seasons,
• 39:58
  New Seasons, how I don't it matter?
• 40:03
  Oh, New Seasons. Oh the the methadone clinic
• 40:06
  there. I was there.
• 40:08
  I think when I came back from Minneapolis I tried to get in
• 40:11
  with them. But I got in with another
• 40:13
  program. The methadone does, what?
• 40:18
  Theoretically It helps with your with your craving.
• 40:23
  Oh yes, right. Yes, obviously not math, right?
• 40:26
  No. So you get around the opiate
• 40:29
  blockers with meth in the past. Yeah, you, you definitely can
• 40:32
  use method on opiate blocker. So what's the point?
• 40:37
  What's the point of taking a drug?
• 40:39
  That's going to keep you from using a drug.
• 40:41
  If you're going to use other drugs, I don't plan on using
• 40:43
  other drugs. I mean, it just, it was just
• 40:45
  that lifestyle. I was living like, I'm that's
• 40:48
  not, that's not the person. I am your honor.
• 40:50
  I'm not I'm not a drug addict, that's not my name.
• 40:53
  Well, you are right? Oh, I'm a drug addict.
• 40:57
  But I, I don't let that Define me and I'm, I do not want to go
• 41:00
  back to that life. So I'm gonna do anything that I
• 41:02
  can to stay away from that kind of stuff.
• 41:07
  Part of that plan was Neil cap. Yeah, it didn't work. so, I'm
• 41:17
  trying to figure out. With the help of Jim and Kim.
• 41:26
  Figure out what could possibly work.
• 41:29
  When nothing is worked. How long will you, imprison?
• 41:36
  Not long, right? Six months.
• 41:37
  Okay Was that a pleasant State? No, absolutely not.
• 41:42
  I didn't know nothing for me. Should, there should be some
• 41:46
  motivation not to go back there. Absolutely.
• 41:50
  It is an intended to do anything for you, by the way, it did
• 41:53
  exactly what it's intended to do.
• 41:56
  Nothing. Put you somewhere for six
• 41:59
  months. You can't cause any Havoc out
• 42:01
  here. That's what it's designed to do.
• 42:04
  Not designed to help you. You have to help you.
• 42:11
  If you don't want to help you, and you ain't going to be
• 42:13
  helped. Sounds simple.
• 42:18
  It is simple. So, I have no idea what to do
• 42:22
  with you with this point. All right, we're going to come
• 42:32
  back for the final hearing. And maybe between me and Jim and
• 42:38
  Kim. Be able to figure out if there's
• 42:44
  anything that can be done for you.
• 42:50
  All right. Is there anything?
• 42:52
  I should be looking into or well.
• 43:02
  I think what you need to look into is Figuring out what
• 43:08
  exactly you want to do. With your life.
• 43:12
  And figure out. In an honest manner, what you
• 43:17
  have to do? What steps you have to take to
• 43:21
  get to that end. That's what you have to do.
• 43:25
  All right. See you next time.
• 43:35
  Okay friends. Good morning once again TCF
• 43:37
  live. It's a Thursday, it's great to
• 43:39
  have you all here and by the way, I didn't think I said it
• 43:42
  earlier and I apologize for that but Barbara thank you for the
• 43:45
  five dollars. Super Chat and continued prayers
• 43:47
  for Nina and her son and Wahoo and his family.
• 43:51
  So I appreciate that. let's, let's take our standard morning,
• 43:57
  pilgrimage down to Florida, Wade, Mercer.
• 43:59
  Probable cause in the complaint but you have a perfect criminal
• 44:03
  history at least before this arrest, you've never been
• 44:05
  charged with a crime anywhere. As far as I can tell.
• 44:07
  Mr. Where is that accurate you never been arrested before,
• 44:10
  right? Yes, sir, Mr. Where I want to
• 44:13
  point the public defender's office represents you for first
• 44:15
  appearance purposes. Listen to Mr. McDaniel, and he's
• 44:17
  going to tell us where we're going today, you know?
• 44:19
  We just asked for a conditional release and set him on the next
• 44:21
  Fourth, Doctor Mr. Mitchell, no objection to a conditional
• 44:25
  release, but I assume he's probably gonna get a valid
• 44:28
  license before the next court date.
• 44:30
  But until then we just request no driving without a valid DL,
• 44:33
  so Mr. Where I'm going to always give people a choice if I from a
• 44:37
  conditionally, Some people prefer a bond, so I always give
• 44:40
  that option. If you want to post a bond, in
• 44:42
  your case, I was not a bond, but if you want to accept the
• 44:45
  conditional release, that's perfectly.
• 44:46
  Okay? If you accept the conditional,
• 44:49
  she will have the standard conditions of every release, a
• 44:52
  plus, the condition that you not drive a motor vehicle.
• 44:54
  Unless you have about a losses, get your license right now, you
• 44:57
  drive all you want Mr. Where the Jail is going to give you a
• 45:00
  notice for your next court date, which would be March 2nd.
• 45:04
  I think we're still in that March 2nd at 9 a.m. will be your
• 45:08
  court date. I tell you something that's
• 45:10
  about that in just a second. But first, you have any
• 45:12
  questions about the choice between the bond and the
• 45:14
  conditional release, and you want to choose the conditional
• 45:17
  release. Is that correct?
• 45:18
  Yes, sir. Okay, so let me tell you your
• 45:21
  friend. What's going to happen?
• 45:22
  Next is sir, what's going to happen?
• 45:23
  Is they're gonna let Mr. Where used to phone, if he wishes to,
• 45:25
  then they're going to bring him to the courthouse because that's
• 45:28
  where the conditional release office is at its downstairs.
• 45:30
  Inside the judge's office, on the east side, him with the
• 45:33
  conditional East officer, go over the conditions with him.
• 45:36
  They'll see if he has any questions.
• 45:37
  They'll give them a copy of the rules and riding and then he'll
• 45:40
  be free to go. You usually that's about 30 or
• 45:42
  45 minutes takes to get them from the jail up here, and get
• 45:46
  instructed. So if you can be able to pick
• 45:47
  him up, Your friend says he's going to be here to pick you up.
• 45:50
  So you don't worry about that Mr. Where Mr. McDaniels I'm sure
• 45:53
  I'm sure he's told you this already but Mr. Mitchell
• 45:55
  especially if someone with no prior history, he will commonly
• 45:58
  dismiss these cases if the person gets their license
• 46:02
  straight out before the court date.
• 46:03
  So do your best to try to get the license straight out before
• 46:05
  the court date, and if you provide it to Mr. McDaniels
• 46:08
  office, or this actually, you won't be a poor.
• 46:10
  We invited to you, or to this. I told him already told me they
• 46:12
  get my office. So, if you get his office, they
• 46:14
  may even cancel your court date, Mr. Where so this case will be
• 46:16
  dismissed. Hopefully, do you have any
• 46:18
  questions? Mr. Where in the court and you
• 46:21
  have any questions, sir, Curtis any questions?
• 46:23
  All right, wish you the best. So he'll be down stairs,
• 46:28
  probably 30, 45 minutes. Yes, see you in Nicholson.
• 46:35
  Good morning next. And you're here.
• 46:42
  First appearance of kids, with one count of disorder
• 46:44
  intoxication. There is probable, cause for the
• 46:46
  charge Mr. Nicholson. I'm a pointing the public.
• 46:48
  There's also represent you and I'm gonna ask that.
• 46:50
  You listen to your attorney. Mr. McDaniel.
• 46:52
  You want to Mr? Nicholson, this one time, he's
• 46:54
  going to enter plea of no contest George's listed.
• 46:56
  You know, standing he'll be sentenced to 10 days in the
• 46:59
  county jail to be a 370 fine. You have two days jail credit,
• 47:03
  he has signed his freeway performed, his brought to a jury
• 47:06
  trial in call witnesses, 10 days.
• 47:08
  Two days credit, 370, Mr. Mitchell's had a great with the
• 47:11
  state is agreeable here. Mr. Nicholson, did you hear that
• 47:13
  agreement sir? Yes, your honor I heard that
• 47:16
  agreement Sir, Mr. Nicholson is that the play that you would
• 47:19
  like to enter? Yes sir Mr. Nicholas and I'm
• 47:23
  gonna accept your plea of no contest answer that one charge.
• 47:25
  This one toxic withhold of adjudication of guilt.
• 47:29
  Actually, I don't have a criminal history.
• 47:30
  I don't know that matters. I'm going to withhold of
• 47:31
  adjudication guilt. Unless there's a, he's got a
• 47:33
  criminal history, the state, one of them judici.
• 47:35
  Yeah, he just that was the agreement, Mr. McDaniel.
• 47:40
  That's fine. You're honored.
• 47:41
  Yeah. I mean, I'm gonna educate you go
• 47:42
  to then as pursuant the agreement, that child raised 10
• 47:44
  days in jail, will be your sentence with two days credits
• 47:47
  370 court costs and fines are being posted, Mr. Nicholson,
• 47:50
  that means you have eight days left at most, the reason I say
• 47:54
  at most is you may do it there too.
• 47:56
  Less than that on the Florida. Gain time laws, I following the
• 47:59
  rules at the jail. So, I would encourage you to
• 48:01
  talk to the Jailer about that but there's no probation
• 48:04
  involved. Sir, when you finish this
• 48:05
  sentence, you'll be released. You have any questions, Mr.
• 48:07
  Nicholson and no question Wish you the best.
• 48:14
  Yes sir. We have Corey Jennings.
• 48:20
  Good morning, kind of aggravated playing and alluding law
• 48:27
  enforcement and one kind of driving while license suspended
• 48:30
  a revoke that aggravated the second degree.
• 48:33
  Felony, Mr. Jennings. There is probable cause for
• 48:36
  these charges Um, your criminal history is not not good at all.
• 48:40
  I think you've been to prison in Florida.
• 48:42
  Four times. Is that right, sir?
• 48:44
  Yes, sir. But you're still entitled to a
• 48:47
  barn as far as I can tell. So far.
• 48:48
  So let me listen to the attorneys and I'll set your bond
• 48:51
  Mr. Red and anything on behalf of Mr. Jennings.
• 48:54
  You know. Mr. Mitchell.
• 48:55
  We just request. You have the condition of no
• 48:57
  driving at all. Mr. Jennings your boss going to
• 49:01
  be 25,000 dollars on that second degree felony because your
• 49:04
  criminal history is so bad. You're fine on the other charts.
• 49:07
  This is just a misdemeanor that's going to be 2500 dollars.
• 49:09
  Mr. Jennings, your total bond is 27,500.
• 49:12
  It does have a conditioned not to drive a motor vehicle for the
• 49:15
  reasons to the complaint. The allegations of the speed and
• 49:19
  the driving record, Mr. Nickel, sorry, Mr. Jennings.
• 49:22
  You'll get used to phone and just a minute sir and try to
• 49:24
  post the bond and you'll be released soon as you posted.
• 49:26
  If you don't you not able to post the bond, the public
• 49:29
  thinners office will be in contact with you at the jail.
• 49:31
  The jail is also going to give you a notice for your court
• 49:34
  date, March 3rd. Yeah, March, your court date
• 49:37
  will be March the third at 8:30, they'll give you that written
• 49:40
  notice Mr. Jennings. Any questions?
• 49:42
  So, wish you the best We have John Barfield.
• 49:57
  Good morning, Mr. Barfield, you're here, first appearance,
• 49:59
  accused of one. Felony and three misdemeanors.
• 50:01
  The felony charges, felony possession of a firearm.
• 50:05
  The misdemeanors are all game violations.
• 50:08
  One is taking deer from a right away.
• 50:11
  One is Taking it here by an unlawful method based upon the
• 50:18
  season and the third one is a violation of the general method
• 50:23
  of taking games that has to do. I think it had the best.
• 50:26
  I can tell it's a little confusing but it has to do with
• 50:28
  the method and which animal was stored after it was taken.
• 50:31
  So there's three less serious charges and one very serious
• 50:35
  charge. You do have a criminal history,
• 50:38
  that's very lengthy. And you've also got a prior fell
• 50:41
  in possession of firearm, but I believe that case was dismissed
• 50:44
  several years ago. So, I think you're entitled to
• 50:47
  bonus Barfield as far as I can tell, let me see what the
• 50:50
  attorneys have to add and then I'll address that bond status,
• 50:52
  Mr. McDaniel, anything, you know, Mr. Mitchell the Penn
• 50:56
  State earlier Mr. Barfield on that one, second to be failure,
• 50:58
  can be 25,000 dollars on the misdemeanor charges your bonds
• 51:03
  between 2500 dollars each when you add those together, you're
• 51:05
  Total Bond. Today is 32,500 Mr. Barfield
• 51:10
  Cash or Surety cash or Surety means you don't have to come up
• 51:13
  with all that money. You can go through a Bossman sir
• 51:15
  and you'll get a chance in just a few minutes to use the phone
• 51:17
  to try to post the bond. You can't possess the farm side.
• 51:22
  I'm not going to add a special condition of that, you can't.
• 51:25
  But that's one anyway, because you're convicted felon,
• 51:27
  allegedly. So, just be aware that the jails
• 51:31
  will give you a notice for your court date.
• 51:32
  It should be March the second March, the third, excuse me,
• 51:34
  March, the third at 8:30 and you'll get a chance to use a
• 51:38
  phone in a few minutes to try to post the bond, Mr. Barfield.
• 51:41
  Do you have any questions? Sir?
• 51:42
  No sir. Wish you the best Mr?
• 51:44
  Bill. Thank you.
• 51:47
  We have Brianna night. It's not you here.
• 51:56
  For first appearance accused of one count of fair to return
• 52:00
  hired or lease, personal property, they didn't more than
• 52:05
  3 0. 0. 0, 0 0. August.
• 52:14
  And I think it's a television and some kind of gaming system
• 52:17
  that they say that you rented and didn't return and wouldn't
• 52:20
  respond to their their attempts to contact you.
• 52:24
  The good news is, as far as I can tell, you have no prior
• 52:27
  criminal history. Is that right?
• 52:28
  Miss Knight. I'm sorry that's excellent.
• 52:31
  That's gonna help you. Let me see if the attorneys have
• 52:33
  an additional information before I dress your bond or your
• 52:35
  release status. Mr. McDaniel, are we just fun
• 52:37
  Mr. Mitchell, no detection. So miss not, I'm gonna set your
• 52:42
  bond at your request in cash flow with no prior history.
• 52:46
  I'm gonna set your bond at $50 cash.
• 52:49
  Also, gonna offer you a conditional release because of
• 52:51
  your criminal history or lack thereof but if you want to post
• 52:54
  the cash Bond, that's fine. You have a condition.
• 52:56
  No contact with the rental agency.
• 52:59
  I don't remember which one it was.
• 53:00
  I think it was Renaissance Center.
• 53:02
  No contact, no contact with agency, that's accusing you of
• 53:05
  this. So, we get this all sorted out,
• 53:07
  but it's a 2008 cash Bond, or conditional release.
• 53:10
  And my understanding you prefer the cash bond.
• 53:12
  Is that right? Yes, so you'll get you the
• 53:15
  phone. As soon as you post that cash
• 53:16
  Bond, you'll be released the jail is going to give you a
• 53:19
  notice for your court date in felony court before judge
• 53:21
  Garcia, and that should be March, the third at 8:30.
• 53:27
  Tonight, you have any questions? Okay.
• 53:30
  All right, man, you'll get used to phone shortly.
• 53:32
  Thank you. For the first appearances at the
• 53:42
  jail. Yes.
• 53:45
  All right, that takes care of Wade.
• 53:47
  Mercer's stuff for the day. Let's go back up to Ohio.
• 53:51
  We'll stay in the same building, but let's let's see what's going
• 53:55
  on with judge colada. We're here today in the state of
• 54:05
  Ohio versus Daniel. First, Sikh case, number 25 CR
• 54:08
  16 08, the defendant is present Council, Matt Lalo and we're
• 54:11
  here today for a change. We hearing it's a snake.
• 54:14
  Understanding the defendant is going to withdraw previously.
• 54:16
  I completely of not guilty and after a no contest, plea to the
• 54:19
  indictment that being count, one, aggravated possession of
• 54:22
  drugs, a felony of the third degree in count two, aggravated
• 54:25
  possession of drugs. A felony of the 5th degree, both
• 54:28
  with attached, portraiture specifications, the state would
• 54:31
  ask for a present presented report and drug and alcohol
• 54:34
  evaluation and cycle Valley evaluation and there's no
• 54:39
  agreement asked to say, thank you.
• 54:46
  That is accurate. All right, Mr. First, we able to
• 55:39
  hear what the prosecutor in your lawyer, just had to say
• 55:41
  regarding what they believe your plans are here at this time.
• 55:43
  Yes, sure. They indicated the court.
• 55:45
  Excuse me. Then the kid to the court.
• 55:50
  They believe that you're intention to withdraw your
• 55:52
  previously. Enter plea of not guilty and
• 55:55
  enter a plea of no contest to the charges in the indictment
• 55:57
  and I'll go over those with you and make sure you understand
• 55:59
  them. We would then the first sentence
• 56:02
  thing, if the court assuming the court finds guilty, Get some
• 56:08
  evaluations completed, come back in a future day for sentencing
• 56:11
  where there's no agreement between the parties regarding
• 56:13
  any recommendations at this time.
• 56:14
  Each side is free to recommend that the court, whatever
• 56:17
  sentence they feel is, or believe is the right thing to do
• 56:20
  is that your understanding the discussions that took place
• 56:23
  between your lawyer and the prosecutor more importantly,
• 56:25
  what you want to do today? Yes, sir.
• 56:27
  Well, before I can accept your plea, I need to make sure you
• 56:30
  understand. Understand what it is.
• 56:33
  You're charged with completing guilty to the right.
• 56:35
  You had that you give up by pleading guilty, as well as all
• 56:38
  the possible penalties you face. So for me to determine those
• 56:41
  issues, I'm going to ask you a series of questions.
• 56:44
  If at any point when I'm asking you the questions, if you're
• 56:47
  unsure on clear of anything, I'm asking you if you need anything,
• 56:50
  repeat it or clarify. You want to talk with your
• 56:54
  lawyer to ask some questions or if you want to ask me questions
• 56:56
  make sure you let me know that I need to make sure you understand
• 56:58
  everything we're doing right? Yes.
• 57:00
  Sir. Let's get started.
• 57:15
  At how old, are you? Sir, 501 years old.
• 57:17
  Are you able to read and write the English language?
• 57:19
  Yes, you have any difficulty with that or difficulty?
• 57:22
  Understanding what you read in English language?
• 57:23
  Sometimes I do. Yes.
• 57:27
  It's gonna come a point in time when you have to read some
• 57:29
  paperwork, can you assure the court that if you're having any
• 57:33
  difficulty, reading it, any difficulty understanding, what
• 57:35
  you're reading, you'll ask for assistance, you'll ask your
• 57:37
  lawyer. You can ask me.
• 57:38
  But that you'll do that because it's important that you
• 57:40
  understand it, that's right. Are you a US citizen?
• 57:49
  Yes. Before coming in the court today
• 57:51
  have you any drugs or alcohol have any kind?
• 57:54
  Just what was prescribed on my mental health, and what is that
• 57:57
  something, anything that you've taken the last 40 hours?
• 58:00
  A lot of being Depakote Lexapro. About the carbon all.
• 58:12
  There's Tylenol and something else.
• 58:14
  I'm taking to What was the one you said before the Tylenol next
• 58:19
  client? And he was after that.
• 58:20
  That's not the carbonyl, not the carbon.
• 58:23
  Oh yeah, that's muscle relaxer. So a Depakote, let's approximate
• 58:32
  Dean Tylenol methyl carbon all. Yes, all you've had in last 48
• 58:36
  hours. Oh no.
• 58:40
  Nexium as well to Nexium Nexium another election as well.
• 58:52
  Do any of those medications affect your ability to
• 58:55
  understand or appreciate where you are right now, what's going
• 58:59
  on? They negatively impact you in
• 59:02
  any way. Not the moment. so right now,
• 59:05
  you're not I understand where I'm at.
• 59:08
  Those medications in any are not in any way, interfering with
• 59:12
  your ability to appreciate your surroundings to communicate to
• 59:15
  understand anything. No.
• 59:20
  Now you would ever see the copy of this indictment looks like
• 59:23
  you got it sometime back in the middle of December or so as the
• 59:26
  darkness sets forth to charge your accused of committing.
• 59:29
  Do you remember getting that at some point?
• 59:30
  Yes. Robert.
• 59:31
  Now in the nightmare charges with two counts, what's alleged
• 59:34
  here? And what you're going to be no
• 59:35
  contest to that our boat and count one Tober 16th 2025 and
• 59:40
  pains of Lake County, Ohio, that you didn't know we obtain
• 59:42
  possessory use Nothing or some compound mixture.
• 59:46
  Preparation or substance containing methamphetamine
• 59:49
  scheduled to control substance the amount involved equal or
• 59:53
  exceeded. The bulk of Mount was less than
• 59:54
  five times the Pokemon. So, this conduct with the amount
• 59:59
  of involved constitutes defensive, aggravated possession
• 1:00:01
  of drugs, the founding of the third degree to understand what
• 1:00:04
  your charged with completing guilty to encount one.
• 1:00:06
  Yes, right questions about it. Go ahead and swim.
• 1:00:09
  No contest. I I'm gonna say that throughout
• 1:00:13
  her probably mistakingly. I understand it's no contest
• 1:00:16
  plea. I'm not.
• 1:00:16
  I know you're not playing that guilty.
• 1:00:19
  I mean you're pleading you're not pleading guilty pleas no
• 1:00:22
  contest. I will try to remember that what
• 1:00:26
  I'm saying, but, if I say, if I say guilty, I know it's a no
• 1:00:28
  contest. Play a little records, clear on
• 1:00:30
  that, right? I will nobody that.
• 1:00:36
  Mary already warm me about that. So you understand that what it
• 1:00:46
  is that you're going to be cleaning no contest to and this
• 1:00:48
  in regards to count one. Yes, right.
• 1:00:53
  There's also what we call forfeiture specification here,
• 1:00:55
  The Ledges during the offense, you possess your hand interest
• 1:00:58
  in property considered to be Contraband or instrumentality.
• 1:01:01
  Contraband is property. That's illegal just by the
• 1:01:03
  nature of the property itself like drugs, whereas an
• 1:01:06
  instrumentality of some type of property that there may not be
• 1:01:08
  anything illegal about in itself.
• 1:01:09
  But it's being used in illegal manner to facilitate a crime and
• 1:01:13
  you can't possessor for that purpose and here at the ledge
• 1:01:16
  that there's the drugs and stuff, there's nothing means
• 1:01:18
  societies and silicon along with syringes and packaging.
• 1:01:22
  The whole point of this is that you forfeit any ownership
• 1:01:25
  interest. You have in that property, it
• 1:01:27
  doesn't increase any potential penalty you face, but it allows
• 1:01:30
  the court extremely allows the state to dispose of the property
• 1:01:33
  afterwards, understand that, any questions about it?
• 1:01:38
  Do any questions? Bags.
• 1:01:49
  The bags are. There's no that was for the like
• 1:01:52
  he dropping eggs. What was the, what were the
• 1:01:55
  drugs in? there were just in two baggies,
• 1:01:57
  but there was, I have a talking about, oh, It's something that
• 1:02:04
  something was in that package, is that so things like that,
• 1:02:09
  okay. Any other questions?
• 1:02:13
  Now, count two, what's alleged chair and what you're pleading?
• 1:02:16
  No contest too, is on her about November.
• 1:02:17
  Excuse me, October 16th 2025 and pains will Lake County Ohio,
• 1:02:21
  that you didn't know, they obtain possess their use silicon
• 1:02:24
  and silicon or compound mixture. Preparation or substance
• 1:02:27
  containing soil side and are still a sin.
• 1:02:31
  Schedule, one controlled substance the amount involved or
• 1:02:33
  not equal, or exceed, the bulk amount, which makes the offense
• 1:02:36
  aggravated possession of drugs, of phony of the 5th degree.
• 1:02:39
  This has the same forfeiture specification.
• 1:02:41
  You understand what you're charged with completing?
• 1:02:43
  No contest too and regards to count too.
• 1:02:45
  Yes, any questions from you about count, too?
• 1:02:48
  Oh Well, then before I can accept your plea, I need to make
• 1:02:52
  sure you understand all the right you're giving up by
• 1:02:54
  pleading. No contest here in your, first
• 1:02:56
  of all, have a right to a trial. Now, try to be to me as a judge
• 1:03:00
  listened, while the evidence, and I make that ultimate
• 1:03:01
  decision whether you're guilty or not guilty of the charges,
• 1:03:04
  but you all. So have constitutional rights
• 1:03:07
  have a jury trial, which would be in front of 12 citizens here
• 1:03:10
  from Lake County, who would listen to all the evidence, each
• 1:03:12
  side, one of the present, the jurors would consider and weigh
• 1:03:15
  all that evidence. And then those 12 jurors will
• 1:03:17
  make that ultimate decision and that ultimate decision reached
• 1:03:20
  by those 12 jurors would have to be a unanimous decision.
• 1:03:23
  Unanimous means all 12 of them would have to agree together.
• 1:03:25
  One way or the other, as the each separate offense, whether
• 1:03:28
  you're guilty or not guilty. Do you understand that?
• 1:03:32
  Understand, I pleading, no contest.
• 1:03:33
  You're giving up your right to have a trial.
• 1:03:35
  If you had a trial, you'd have the right to have an attorney
• 1:03:38
  represent, you at that trial, if you could not afford an
• 1:03:40
  attorney, the court would appoint one for you.
• 1:03:42
  Free of charge to do that. You understand that?
• 1:03:44
  Yes, sir. Now, I had a trial, the
• 1:03:47
  prosecutor here would be representing the state of Ohio,
• 1:03:49
  and she would have what we refer to as the burden of proof by her
• 1:03:52
  having a burn of proof. What that actually means is that
• 1:03:55
  it is her job or she Bears the responsibility the obligation to
• 1:03:59
  prove. You guilty before you ever be
• 1:04:01
  found guilty, you're presumed dentist of these charges and
• 1:04:04
  that presumption of innocence sticks with you and remains with
• 1:04:07
  you until the state. If it all was ever able at a
• 1:04:09
  trial to overcome that presumption of innocence
• 1:04:11
  improve, you guilty, there's down that Now, when I talk about
• 1:04:16
  that burden of proof and since this is a criminal case, the
• 1:04:19
  burn of proofs, what we refer to as proofreading reasonable
• 1:04:22
  doubt. That's the highest burden of
• 1:04:24
  proof there. Isn't it justice system?
• 1:04:25
  What it actually means. It's the amount of the evidence,
• 1:04:28
  the quality of that evidence, they would have presented a
• 1:04:30
  trial to prove you guilty. So in this case, they would have
• 1:04:33
  to present evidence to prove each element or each parts.
• 1:04:38
  Of the charges be on any reasonable doubt before you
• 1:04:41
  could ever be found guilty at a trial of any of these charges.
• 1:04:44
  You understand that to understand but pleading guilty
• 1:04:47
  you're giving up your right to make the prosecutor prove.
• 1:04:48
  You guilty beyond the Reasonable Doubt.
• 1:04:50
  Yes. now, in order to do that, I said guilty there but no contest
• 1:04:56
  here. In order to try to do that.
• 1:05:01
  If we were going to have a try to prosecutor, bring witnesses
• 1:05:03
  to come to court to testify for the state, by answering
• 1:05:06
  questions from the prosecutor once.
• 1:05:08
  Those Witnesses answer, the prosecutors questions and your
• 1:05:11
  lawyer would have the right on your behalf to ask those same
• 1:05:13
  persons questions. That's called cross-examination.
• 1:05:15
  He could ask anything he wanted to within certain rules to
• 1:05:19
  understand that. Yes sir.
• 1:05:20
  You understand by pleading? No contest, you're giving up
• 1:05:22
  your right to cross examiner confront, these witnesses that
• 1:05:25
  will come in here and testify against you.
• 1:05:27
  Yes, sure. Now, you don't have the right to
• 1:05:30
  try, you could call your own. Is the court to testify for you?
• 1:05:32
  If you want to answer your lawyer's questions, they don't
• 1:05:34
  have to do that. You're not required to do that
• 1:05:36
  but you have a right to do that you want to do understand that
• 1:05:38
  sure. And new further can request this
• 1:05:41
  court issue, an order that we call subpoena and what is
• 1:05:43
  subpoena would do is it would force her make someone come to
• 1:05:46
  court to testify for you and answer your lawyers questions.
• 1:05:49
  If there was someone out there that wasn't one, the coming
• 1:05:51
  voluntarily or on the room, there's down that.
• 1:05:53
  Yes. And you realize you're gonna be
• 1:05:55
  up that right? Yes, wrong.
• 1:05:57
  Now, you'd also have to write a trial.
• 1:05:59
  You can choose to testify your own behalf if you wanted to, but
• 1:06:02
  you do have a constitutional, right?
• 1:06:03
  Not to testify. If you don't want to.
• 1:06:05
  That's a decision. That's a choice that you would
• 1:06:08
  have to make understand that. Yes, sir, and since that your
• 1:06:11
  choice, what that really means then is that nobody else could
• 1:06:14
  force you, or make you, nobody could compel you to testify
• 1:06:16
  against your stuff at a trial. You don't want to.
• 1:06:18
  I can't make a testify, but most importantly, the prosecutor here
• 1:06:21
  is not allowed to call you as a witness.
• 1:06:23
  Make you get up on the stand and answer questions and testify.
• 1:06:25
  I'm your lawyer can make a test if you don't want to do you
• 1:06:28
  understand that? That's wrong further.
• 1:06:30
  Understand that if we did go to trial and you were found guilty
• 1:06:32
  of either these charges, you would have the right to appeal
• 1:06:34
  or challenge that you'll see Finding to another Court.
• 1:06:37
  That's above me and reviews my decisions.
• 1:06:40
  Nobody, no contest here. You're still preserving your
• 1:06:43
  right to appeal. Any decisions.
• 1:06:47
  This court has made up until this point including this
• 1:06:51
  suppression hearing. Decision on this pressure
• 1:06:55
  hearing that made me. It was last week last week.
• 1:06:59
  It's technically, you could also appeal my if I find you guilty
• 1:07:03
  based on the facts, they're presented you have a right to
• 1:07:05
  appeal that if you don't think those facts are sufficient to
• 1:07:07
  constitute someone being guilty of the offense.
• 1:07:13
  So you do have the right. There's no contest plea
• 1:07:15
  preserves your right to appeal these issues that have
• 1:07:18
  previously been raised, or brought to the Court's
• 1:07:20
  attention. You understand that?
• 1:07:21
  Yes, sir. Anything that's not been brought
• 1:07:24
  to the Court's attention, you weigh those rights.
• 1:07:27
  If there's some issues out there, you can't bring some
• 1:07:29
  issue up, new to the court of appeal.
• 1:07:30
  It's already have been brought to this raise to this court and
• 1:07:33
  I would have to rule on it before you could do that.
• 1:07:36
  I understand that. Yes.
• 1:07:42
  All right. Well, they have any questions at
• 1:07:44
  all regarding these rights, we've just discussed are all the
• 1:07:47
  rights you have and all the right giving up by pleading.
• 1:07:49
  No, contest. Any questions?
• 1:07:50
  You understand them all? Yes, sir.
• 1:07:53
  You still want to play no contest?
• 1:07:54
  Yes, now a no contest plea is not an omission of your guilt
• 1:08:01
  but it's an omission of the truth of the facts that are
• 1:08:04
  alleged in the indictment and counts one and two that I just
• 1:08:07
  read to you and Plea or admission is not permitted to be
• 1:08:12
  used against you and any subsequent civil or criminal
• 1:08:15
  proceeding, you understand that. And also they just explained it
• 1:08:18
  all she does preserve your right to appeal is the pressure and
• 1:08:21
  ruling that was done in this court as well as any.
• 1:08:23
  I don't think they're already the rules, but if they're any
• 1:08:25
  other rules that were Made by the Court Gilroy to appeal those
• 1:08:28
  as well. Understand that.
• 1:08:29
  Yes sir. Further, the effect of a no
• 1:08:35
  contest, plea. From what I just told you is
• 1:08:38
  that the court will hear what the facts are the court will,
• 1:08:41
  then make a determination whether those facts are
• 1:08:42
  sufficient to support a finding of guilt, if they are, I would
• 1:08:48
  find you guilty of the charges and then I would, we were
• 1:08:52
  precede the sentencing. Now, we're not going to do
• 1:08:53
  sentencing today, but you would be sentenced as a result of
• 1:08:56
  being found guilty by the court to understand that.
• 1:08:57
  Yes, right now, as far as potential sentencing goes,
• 1:09:02
  You're pleading, no contest here.
• 1:09:04
  The two charges count. One with the methamphetamine is
• 1:09:06
  a feeling of the third degree that is punishable by a possible
• 1:09:09
  term in prison of a minimum of nine months.
• 1:09:11
  A maximum 36 months or certain increments in between of either
• 1:09:15
  12, 18, 24 30. So, if I impose a prison term on
• 1:09:19
  that count, it's like one of those numbers 912, 182 430 or
• 1:09:23
  36, and that'll be the number of months.
• 1:09:24
  You'd have to serve account one. You understand that?
• 1:09:26
  Yes, sir now count two is a fine with fifth degree.
• 1:09:29
  It's punishable by pastel term in prison of a minimum of six
• 1:09:32
  months maximum of 12 months, or any whole number in that range
• 1:09:35
  of 6 to 12. There's down that now since
• 1:09:38
  there's two charges here, if I impose a prison sentence at
• 1:09:41
  imposing on each count, then as the judge at the discretion run,
• 1:09:44
  those prison terms other concurrent, or consecutive
• 1:09:47
  concurrent means together. You start with the same time.
• 1:09:49
  It's executive means one after the other.
• 1:09:51
  You understand a difference there?
• 1:09:52
  Yes. So, in this case, by imposed the
• 1:09:54
  maximum Sons on each count and record to make sure you
• 1:09:56
  understand what the maximum stems could be looking at him
• 1:10:00
  and ran him consecutive. If you're looking at maximum,
• 1:10:02
  Prison term of 48 months or four years in prison, understand
• 1:10:05
  that? Yes. now, you currently on
• 1:10:08
  probation or parole, PRC, and any type of supervision any
• 1:10:11
  other courts or agencies I haven't Any other charges
• 1:10:17
  pending against you right now. Anyways, no charges.
• 1:10:19
  If a prison sentence is imposed. In this case, the Pioneer
• 1:10:23
  release from prison, you could be placed on what we call.
• 1:10:25
  Post-release control, sometimes call that parole, PRC.
• 1:10:29
  It's a period of supervision of Beyond act, you served, whatever
• 1:10:32
  the prison sentence was. And in this particular case, it
• 1:10:35
  could be up to two years, it's not mandatory, it's up to the
• 1:10:38
  pro Authority, decide that I don't have any control over
• 1:10:41
  that. But it could be at the two
• 1:10:43
  years, understand that. And if you were ever put on Post
• 1:10:46
  Release Control and violated any of the conditions of your
• 1:10:48
  supervision, the Parole Authority.
• 1:10:52
  Could return you to prisoners and your back to prisoners
• 1:10:54
  punishment for not following the rules for another nine months
• 1:10:57
  for each separate violation. You commit up to an overall
• 1:10:59
  maximum a 50% or half of whatever the prisoner was
• 1:11:04
  imposed by this court, to understand that that's wrong.
• 1:11:08
  All right. Now, for the hospital prison
• 1:11:10
  sentence, I just mentioned, there's other sanctions that
• 1:11:12
  could be ordered count. One being a third degree,
• 1:11:15
  requires a mandatory fine of at least five thousand dollars, the
• 1:11:19
  impose, you could be fined up to 10,000 dollars to understand
• 1:11:22
  that. Now, if there's if you filed an
• 1:11:25
  affidavit in agency, the court can't consider that in wave that
• 1:11:28
  fine. But without that happened,
• 1:11:30
  David, I am required to impose it.
• 1:11:35
  I have no discretion that regarding your understand that,
• 1:11:37
  yes, sir. Now count two is not a mandatory
• 1:11:40
  five, but you could be fined up to 2,500 dollars on that count.
• 1:11:43
  They understand that? Yes, sir.
• 1:11:44
  So together. There's a possible fine of up to
• 1:11:47
  12,500 to understand that. Yes, sir, you could ask me where
• 1:11:51
  to pay court costs or reimburse, the county for any cost of
• 1:11:53
  confinement Community Supervision or treatment if any
• 1:11:56
  of that were applicable. Do you understand that?
• 1:11:58
  That's right. Drug charges also.
• 1:12:01
  Carry with it, a passable license, suspension that
• 1:12:04
  mandatory. But the judge has discretion, is
• 1:12:06
  sentence usually suspend your license up to five years to
• 1:12:09
  understand that? Yes.
• 1:12:11
  Oh, the forfeiture is mentioned before any any, right title or
• 1:12:15
  interest, you have in any of that property, in the Fort
• 1:12:17
  Fisher, specification will be forfeited.
• 1:12:18
  The state of Ohio. They understand that.
• 1:12:21
  Yes, yes. Yes.
• 1:12:25
  All right. Now a few moments to explain the
• 1:12:26
  possible prison sentence. You face.
• 1:12:28
  I used the word possible prisons.
• 1:12:30
  Not mandatory with either of these charges you are eligible
• 1:12:32
  for probation or what we refer to as Community Control
• 1:12:36
  sanctions to understand that. Yes, sir.
• 1:12:38
  Do you understand that? Just because you're eligible
• 1:12:40
  doesn't mean you automatically be put on probation means would
• 1:12:42
  be considered by the court if that's what you were seeking.
• 1:12:44
  I look at all the information presented and I would make the
• 1:12:47
  decision. I thought was the right thing to
• 1:12:48
  do to understand that. That's right now, even though
• 1:12:51
  you are eligible for Community Control sanctions or probation,
• 1:12:53
  I need to advise you that account one.
• 1:12:55
  There was a presumption that a prison term be imposed, which
• 1:12:58
  means the court has to impose a prison sentence and less the
• 1:13:02
  courts able to make certain findings.
• 1:13:05
  The time of sentencing which would overcome that presumption
• 1:13:07
  permit me to put you on community control sanctions to
• 1:13:10
  understand that I think. So, any questions about that you
• 1:13:14
  see hesitant there? Yeah, presumption here as
• 1:13:16
  indicated. He there's certain factors to
• 1:13:20
  certain findings that need to be made in order to rebut that
• 1:13:23
  presumption, okay? So it's prison is not mandatory.
• 1:13:27
  I'm not required to impose prison but there's a presumption
• 1:13:29
  that I have to impose prison, unless I can make certain
• 1:13:32
  findings based on the facts of the case, they have on your
• 1:13:35
  shirt, personal circumstances that would allow me to overcome
• 1:13:38
  the presumption, rebut it as a leader said, in imposed
• 1:13:42
  probation. Any more questions about that?
• 1:13:45
  No. If I were to put you on
• 1:13:48
  community control sanctions, it could be up to five years.
• 1:13:50
  And as the judge at the discretion to order a wide
• 1:13:54
  variety of rules or conditions for you to follow one of those
• 1:13:57
  conditions could be in order that you serve time in the Lake
• 1:13:59
  County, Jail up to six months as a condition of probation, you
• 1:14:03
  understand that? Yes, sir.
• 1:14:11
  Further, if you were put on community control sanctions, you
• 1:14:14
  never violate and you and you ever violated any conditions of
• 1:14:17
  your supervision, we would have a hearing to see if you're
• 1:14:20
  what's called a probation violator.
• 1:14:21
  If it was determined that you were, I could extend your
• 1:14:24
  probation up to five years, it wasn't initially, five years.
• 1:14:26
  I can post more restrictive sanctions against humanity in
• 1:14:30
  order that you serve local time in the county jail or I could at
• 1:14:33
  that point terminate, or end your probation, and send you to
• 1:14:35
  prison then. And, again, they can be 912
• 1:14:38
  1824, 306 months, and come one six to 12 months on.
• 1:14:41
  Count, two could be consecutive. So, 48 months in prison, which
• 1:14:45
  also could be consecutive 20. Other sentence, you may be
• 1:14:47
  serving for some other cases, if something were to happen or that
• 1:14:51
  you're being sentenced to it that time for some of the case
• 1:14:53
  to understand that, yes. lastly, when we do come back here, For
• 1:15:00
  the sentencing hearing, you'll have to write on that day to say
• 1:15:02
  anything. You want anything you want me to
• 1:15:04
  know, or consider your lawyer could speak on your behalf, he
• 1:15:07
  can recommend the sentence. The court, the prosecutors are
• 1:15:10
  also does have a right to recommend a sentence, the court.
• 1:15:11
  Do you understand that? Yes, right, you understand that?
• 1:15:14
  Whatever anyone says, it's sentencing regarding what they
• 1:15:16
  think. The sentence should be.
• 1:15:19
  It is just what I said. It's a recommendation, right
• 1:15:21
  thing to do to understand that. Yes, sir.
• 1:15:26
  All right. Well, do you have any questions
• 1:15:27
  at all? We're going to put potential
• 1:15:29
  penalties. You face by entering a plea of
• 1:15:30
  no contest here today. Understand all the possible
• 1:15:33
  consequences. Yes, sir.
• 1:15:35
  He's the one in airplane. No contest.
• 1:15:36
  Yes, sir. If you had enough time to
• 1:15:39
  discuss this case with your lawyer and have him review
• 1:15:41
  reports with you discuss issues and answer questions.
• 1:15:45
  Are you satisfied with his place in Council?
• 1:15:47
  Yes, you're as he was anyone for that matter made any promises to
• 1:15:52
  about what's going to happen at sentencing which is inducing you
• 1:15:54
  to plea. Guilty, Noble, have you been
• 1:15:57
  threatened or course in any way to plead guilty.
• 1:16:01
  Are you waiting this? I said no contest.
• 1:16:05
  Plea freely and voluntarily. Yes.
• 1:16:07
  Robert. All right, then it's the first
• 1:16:10
  security questions for me at this point regarding anything.
• 1:16:12
  We've just talked about the, the right.
• 1:16:14
  You're giving up the penalties, you face.
• 1:16:15
  Would you please no contest to any questions at all?
• 1:16:17
  Not at the moment. You're on.
• 1:16:19
  You need any more time to speak with Mr. Lalo, before we go
• 1:16:21
  forward with your play? No, I'm good.
• 1:16:23
  Thank you. All right, then, what's gonna
• 1:16:25
  happen at this point? The prosecutor is going to
• 1:16:27
  explain for me. What she believes the facts
• 1:16:29
  would establish at a trial if we were to have a trial and I want
• 1:16:32
  you to listen to her because now the question for you about that
• 1:16:33
  right, okay, that's right. Stop that on October 16th 2025.
• 1:16:41
  Daniel first was operating, a motor vehicle and Painesville
• 1:16:44
  Lake County Ohio, that vehicle was pulled over for display.
• 1:16:47
  A place violation at the officer was investigating.
• 1:16:51
  It was determined that the car was going to meet empowered.
• 1:16:54
  The vehicle was searched suspected Silas had been and
• 1:16:57
  Sloan mushrooms, we're located. Those were sent to Lake County
• 1:17:01
  crime lab and confirmed to be silos siloam's the schedule.
• 1:17:05
  One drug bust in the ball come out subsequent to find those.
• 1:17:09
  Mushrooms. The defendants person was
• 1:17:10
  searched. And suspected that, I mean was
• 1:17:14
  found that I mean was sent to the Lake County Crime, Lab
• 1:17:17
  confine a scheduled Two drugs exceeding, the bulk Mountain but
• 1:17:21
  less than five times the football come out and Mr. First
• 1:17:23
  Sikh admitted that both of those drugs belonged to him and for
• 1:17:27
  purposes of the carpenter of syringes Roseville, thank you.
• 1:17:31
  Thank you. So Mr. First agree, we're able
• 1:17:41
  to hear what the prosecutor just had to say, regarding what she
• 1:17:43
  believes, the facts would establish.
• 1:17:46
  And you know what the indictment says, I read that to you, in
• 1:17:49
  this case, So as those facts and answer the allegations in the
• 1:17:53
  indictment, what is your plea at this time?
• 1:17:55
  No contest. I have with me at this time at
• 1:18:04
  document, called a written, plea of no contest and judgment
• 1:18:08
  entry. It sets forth everything I've
• 1:18:09
  just explained to you. Before I can accept your plea, I
• 1:18:12
  need to make sure you understand the stock if you sign it here in
• 1:18:15
  court. Now this is the paperwork, I was
• 1:18:16
  referring to her early. And I know you had a chance to
• 1:18:21
  look this over before with your lawyer, I made one change to it
• 1:18:24
  and that's on page too. So comparing for it reads.
• 1:18:27
  I'm not on the influence of drugs or alcohol on that.
• 1:18:29
  Taking any drugs. Drop alcohol.
• 1:18:30
  And a 48 period, 48 hour, period.
• 1:18:33
  Preceding this hearing, I inserted the words except for
• 1:18:36
  Depakote let's approach Planet. Dean Tylenol.
• 1:18:40
  The carbon all next cm and Alexis.
• 1:18:42
  So I added that in baseball, our conversation, we had earlier.
• 1:18:46
  Otherwise, the paperwork is the exact same as you saw.
• 1:18:50
  Initially. My understanding is you did have
• 1:18:53
  a chance to go over this with your lawyers that correct.
• 1:18:55
  Yes, right, Mr. Lalo, is that accurate?
• 1:18:57
  Did you read this to your client review?
• 1:18:59
  With him? Answer his questions if he had
• 1:19:01
  difficulty Assist him with that. Yes, I did your honor and prior
• 1:19:06
  to this hearing both Mr. Firstly to myself, did sign our put our
• 1:19:09
  signatures on the document along with Ms, Bell as well.
• 1:19:12
  So, when you went over with Mr. First Act, that he indicate an
• 1:19:15
  understanding of it to you. You did your daughter.
• 1:19:17
  Is that correct sir? Yes, sir.
• 1:19:18
  So you understand what this document says?
• 1:19:20
  Yes, do you have any questions for me about anything in there?
• 1:19:23
  Your lawyer in the kid that you signed the document, he would
• 1:19:27
  just sign it. Is that in fact, did you sign?
• 1:19:29
  I see there's a signature here and you signed it.
• 1:19:31
  Yes, sir. You did well, I did.
• 1:19:36
  Very well. This time of Court looks at the
• 1:19:37
  FedEx Laurel and written no contest at the record of the
• 1:19:41
  phone was here and open court. With his lawyer advice
• 1:19:43
  constitutional rights meaning knowing it's involuntary, waiver
• 1:19:46
  of those rights or else finds better understands the nature of
• 1:19:50
  the charges. The effect of the no contest
• 1:19:51
  plea as well as the maximum penalties that can be imposed
• 1:19:54
  fighting. All this would be knowing
• 1:19:56
  intelligent and voluntary, the court looks at the fed and his
• 1:19:59
  plea. And based on the recitation of
• 1:20:01
  facts of Forth by the state of Ohio, I find those factors of
• 1:20:05
  fishing with established Dependence.
• 1:20:08
  Guilt in regards accounts, one and two and I will find the
• 1:20:12
  defendant guilty of counts one and two specific account one,
• 1:20:15
  aggravated possession of drugs, finding the third degree and
• 1:20:17
  violation of 2925 11, with the forfeiture, specification and
• 1:20:21
  count, to aggravated possession of drugs, have felony of the
• 1:20:26
  fifth degree in violation of 29 and 25 11 with the forfeiture
• 1:20:29
  specification, I would first sentencing order.
• 1:20:32
  Present report investigation, drug and alcohol evaluation.
• 1:20:35
  Did you want to stick a logical evaluation Mr. Yes, sir.
• 1:20:38
  In a single logical evaluation That's everything.
• 1:20:45
  The spell is there. Anything else at this point
• 1:20:47
  third level, right? Thank you.
• 1:20:53
  Okay, so once again, good morning, it's a nice Thursday
• 1:20:57
  here in Cortland the others actually kind of an
• 1:21:00
  embarrassment of riches at the moment.
• 1:21:01
  There's a lot going on in a lot of courtrooms across the
• 1:21:04
  country, but I'm gonna, I'm gonna stay in this building.
• 1:21:08
  Let's go back to judge. O'Donnell new contestant there.
• 1:21:13
  Yes. All right.
• 1:21:17
  So what exactly is the problem here?
• 1:21:22
  Up to be on a serve. What happened was, please be
• 1:21:24
  honest. Yes, sir.
• 1:21:25
  I was on the way up here for probation, my normal weekly
• 1:21:30
  thing. Every Monday I was doing the
• 1:21:32
  decision points and my vehicle broke down on the side of the
• 1:21:35
  freeway. I took pictures of it.
• 1:21:36
  I had the vehicle towed, I sent pictures and receipts to my
• 1:21:40
  probation officer stating that my vehicle broke down.
• 1:21:43
  And as you know, it's coming from Akron at that point.
• 1:21:47
  And she pretty much told me that if I do not show up, I violate
• 1:21:53
  that is that which officer Megan Megan?
• 1:22:00
  And I sent her pictures and receipts, I mean I didn't lie.
• 1:22:03
  I mean my car I don't have a car anymore so I know vehicle
• 1:22:07
  anymore. We got that.
• 1:22:14
  So, what do you been doing for? Better part of nine months and
• 1:22:20
  volunteering. I've been trying to do side jobs
• 1:22:23
  whenever I can been helping out of the church as much as I can
• 1:22:27
  and the food bank. And to be honest, was just
• 1:22:31
  trying to get things settled in Akron.
• 1:22:33
  As, you know, I originally was up here in Painesville and then
• 1:22:37
  due to this case a year ago, I lost everything.
• 1:22:39
  So I was just trying to rebuild at least somewhat stable
• 1:22:43
  apartment. And then once again, I failed on
• 1:22:47
  probation, meaning I had a warrant.
• 1:22:50
  And with my job history it's kind of hard for me to apply to
• 1:22:54
  any type of job because of the warrant.
• 1:22:56
  So I was unable to obtain work. So, that's why I chose to turn
• 1:23:01
  myself in to get this resolved. Where did you turn yourself in
• 1:23:07
  down in Akron? Sonic, I was there for a week
• 1:23:11
  and then I've been here for a week now.
• 1:23:12
  All right. So, where were you working?
• 1:23:15
  I wasn't I just was doing under the tape side.
• 1:23:18
  Job, shoveling snow doing sidewalks.
• 1:23:20
  Clear and driveways helping out whoever I could helping people
• 1:23:24
  at church would need it, whatever I could do.
• 1:23:28
  Can you have an interview last July somewhere down there?
• 1:23:32
  Yeah. What happened with that?
• 1:23:34
  Ah, I had the interview had a secondary interview and then
• 1:23:39
  never got a call back. So just didn't work out.
• 1:23:44
  And then once I lost the vehicle, losing transportation,
• 1:23:48
  As a big thing. So, So, how does you think all
• 1:23:52
  this was going to end? by turning myself in, well, you
• 1:23:59
  when you didn't show up, So it was this July 28th year on your
• 1:24:06
  way here, I believe it was later than that.
• 1:24:08
  Sir. Well, you didn't show up July
• 1:24:11
  28th. Is there any notes from Megan
• 1:24:14
  that you have there? Kim?
• 1:24:19
  Because I that little synopsis Kim has all of her.
• 1:24:26
  Notes. it's, it's not showing what I I
• 1:24:58
  need but thank you. Jim either I have in just a
• 1:25:00
  second. My guess is that.
• 1:25:11
  It wasn't July 28th for your car broke down.
• 1:25:14
  You called Megan and told her that and sent her pictures and
• 1:25:16
  she said, I don't care get here or warrants going out.
• 1:25:20
  That's not Meghan. Go ahead.
• 1:25:29
  Zachary called Place, 150 dollars to get it back to
• 1:25:35
  Africa. Can't get rides, call the
• 1:25:37
  people. He could, I told him to call me
• 1:25:39
  tomorrow, after noon, and I will talk to she for probation about
• 1:25:44
  this, he emailed me, pics of what he says is the broken down
• 1:25:48
  car attacked, but she still gave her make her on her to report
• 1:25:52
  and that was on seven, twenty eight of 25.
• 1:25:56
  And then on 731 or 25, she stabbed the feather to report
• 1:26:00
  with Craig. If he does not come for this
• 1:26:04
  decision points and office, visit on Monday, we will ride.
• 1:26:08
  I called them for me and told him.
• 1:26:12
  And discussed. Discussed his job search.
• 1:26:16
  And then I ate five. There was a failure to report
• 1:26:19
  yesterday. And then I'm 86 is when they
• 1:26:23
  decided we will file on the two failure to reports and further
• 1:26:27
  to complete decision point. At that point, I had no
• 1:26:34
  transportation. And that's what happened.
• 1:26:38
  I didn't have any contacts. There was no buses that ran from
• 1:26:41
  there and I had no money. So that's why I failed. so, now
• 1:26:54
  what Are they where we left off last time?
• 1:26:58
  Was that I was close to finishing decision point?
• 1:27:02
  Was that you were gonna allow me to transfer my probation to
• 1:27:05
  Akron. So I would be close to where I
• 1:27:06
  was staying but now that I fail to decision point I understand
• 1:27:10
  that's going to be a problem. So now that I've made some of a
• 1:27:13
  community, I do have some people at church that are willing to
• 1:27:17
  help me with rides and Get where I need to be for probation and
• 1:27:22
  me dings and whatnot. If need be But in the end, I
• 1:27:27
  mean, my goal was is where we left off.
• 1:27:30
  Last time was decision points transfer to Akron and finish all
• 1:27:36
  my probation. That was last time.
• 1:27:38
  I understand that sir. Last time.
• 1:27:43
  You were here. you are history was that you
• 1:28:01
  were in trouble in Wisconsin. Yes, from 2010 through 2014.
• 1:28:18
  And then we're in trouble at all.
• 1:28:19
  Until this. Yes.
• 1:28:20
  Sir. Young and down.
• 1:28:21
  And I got myself cleaned up. I don't do.
• 1:28:24
  I was. Okay.
• 1:28:25
  So, So now you've created a mess for yourself that didn't exist.
• 1:28:33
  Last time you were here. Yes.
• 1:28:37
  So, what kind of drugs have you been doing in the last nine
• 1:28:39
  months? None.
• 1:28:40
  Now, how do I know that? Drug test me, follow me.
• 1:28:44
  The idea is show up on Mondays and Meghan drug test.
• 1:28:48
  Well she I never fails once that I was going. in, I see, I just
• 1:28:59
  you put me in a position to not believe you when You say that?
• 1:29:03
  Yeah, I understand. Yes, sir.
• 1:29:10
  You're all right. Church in Akron.
• 1:29:13
  Did your Heights area? Where is Ben and his girlfriend?
• 1:29:18
  Have been volunteering for the last.
• 1:29:22
  I don't know how guests, probably three months.
• 1:29:25
  Okay, so that's that's how I've got to know.
• 1:29:30
  Tack National Bank, they just first came to get food from our
• 1:29:33
  very large distribution. I've been quick.
• 1:29:36
  So anyway, that's how I got to know a little bit but then they
• 1:29:39
  switched from just coming to get food to come in and volunteer in
• 1:29:44
  their time and they were paying or having to pay for live rides
• 1:29:48
  to get from their place. So they can just come volunteer,
• 1:29:51
  they don't get paid but they, I think that speaks to what
• 1:29:55
  they're trying to do as a couple as so after our after, I came to
• 1:30:00
  that realization that we started making sure that we went and
• 1:30:04
  pick them up so that wasn't costing them to come volunteer
• 1:30:07
  to help us to church. So I can, I can vouch for that.
• 1:30:13
  He is an extremely hard worker. He works his butt off when he's
• 1:30:17
  there and talkin', three or four or five hours at a time.
• 1:30:23
  It's obvious that he's made some bad decisions, but I believe it
• 1:30:29
  on my heart that that he wants to, you know, straighten out his
• 1:30:33
  life. So that he and Ashley can move
• 1:30:35
  forward together. Obviously, the car issues a huge
• 1:30:38
  issue and the job as a huge issue.
• 1:30:40
  Granted, you know, they're his fall.
• 1:30:42
  I have some friends and Council in Akron.
• 1:30:46
  I know it's spelled, I don't understand how the felony part
• 1:30:50
  works, but I'm sure that I can talk to some folks and we can
• 1:30:53
  help find him a job. If we can get him closer to
• 1:30:56
  Akron, I'd be happy to personally.
• 1:30:59
  Make sure that he gets to his meetings, believe in him enough
• 1:31:02
  to be willing to do that. I'll do whatever it takes to
• 1:31:05
  help this young, man, as he's trying to get his life back
• 1:31:08
  together, if that is in your previous possible, all right,
• 1:31:11
  thank you. So are you telling me the reason
• 1:31:18
  you didn't get a job? Is because you had a warrant out
• 1:31:20
  for, you know, that's not completely true.
• 1:31:23
  I mean, the first month and a half getting down there, getting
• 1:31:27
  settled learning the area. I applied to a few places, I
• 1:31:31
  procrastinated a little bit to be on us.
• 1:31:33
  Stand by the time I really got on it, trying to apply the
• 1:31:36
  places. I had a few interviews, I had a
• 1:31:38
  few good leads and then the car broke down and that was it so I
• 1:31:45
  mean, at this point I just want to get back to work and just try
• 1:31:47
  my best. That's why I turned myself in.
• 1:31:50
  I'm not gonna run from this. I made a mistake.
• 1:31:52
  I'm trying to trying to do right by.
• 1:31:55
  Do you have a license? Yes.
• 1:31:58
  When did you get it? I have a payment plan and
• 1:32:04
  Mentor. So technically, no, I just have
• 1:32:06
  to finish paying that ticket. And my license is reinstated.
• 1:32:11
  Okay, so when I ask you, if you have yes sorry sorry you know,
• 1:32:14
  you don't sorry. Yes, I just feel better.
• 1:32:17
  I think it's only 100 and forty dollars left.
• 1:32:21
  Okay. What kind of work are you gonna
• 1:32:24
  do? I'm a certified CNC operator,
• 1:32:27
  certified welder. I've been a maintenance
• 1:32:30
  technician for the last eight years.
• 1:32:32
  I worked at Weaver meets, as we've talked about and Ally
• 1:32:36
  Precision technology and Mentor, I'm very versatile.
• 1:32:40
  I'm a 480 electrician certified. I can do anything, quite then
• 1:32:47
  you should get about. Doing something.
• 1:32:50
  Yeah. That's because From what you
• 1:32:53
  just told me. You've got the ability to make a
• 1:32:57
  lot of money. I do it.
• 1:32:58
  Each of those individual things, I know.
• 1:33:01
  So get off your ass and do I know I'm screwed up.
• 1:33:07
  Okay. How old are you now?
• 1:33:09
  35. Okay.
• 1:33:13
  It's not revert to 25. I know.
• 1:33:15
  That's why I'm gonna like, I just done awesome.
• 1:33:20
  I'm glad I never resorted back to drugs or anything stupidly,
• 1:33:23
  so I'm not gonna go backwards. I can only move forward.
• 1:33:47
  I don't see many people come in here.
• 1:33:51
  That. That have certification as well.
• 1:33:56
  There's that have the ability to operate the machines.
• 1:34:01
  And to be an electrician. Yeah, most of them.
• 1:34:07
  Most of them don't have the ability to find their ass with
• 1:34:10
  both their hands, okay? So there's no excuse for you, I
• 1:34:14
  know. Of bouncing around.
• 1:34:19
  Forgive me friends. Just a quick pause.
• 1:34:21
  It's a Choose Your Own Adventure Time.
• 1:34:23
  So after this judge Tony Flores is doing a preliminary exam up
• 1:34:28
  in Lansing and it looks like it could be a little bit of a
• 1:34:30
  longer hearing but there's body Cam and we rarely get to see
• 1:34:34
  body cam. So if that interests, you put a
• 1:34:35
  one in the chat and if I see enough ones will go there after
• 1:34:39
  this. Anyways, it's hard to interrupt
• 1:34:41
  back to it working under the table.
• 1:34:44
  Waiting responsibility. No.
• 1:34:46
  Excuse for, you know, That's why I turned myself that.
• 1:34:56
  You shouldn't do it. So you spent a week in Summit?
• 1:35:06
  Yes, in a week here. Yes, sir.
• 1:35:14
  You want to wait his final hearing Jim.
• 1:35:17
  Scott, we would waive the final hearing and then it repeated
• 1:35:19
  guilty of the Violet. What you want to do?
• 1:35:21
  Yes sir. What's your plea to these
• 1:35:23
  allegations? Guilty, sir, I know except your
• 1:35:28
  guilty plain finds your guilty. You're going to be continued at
• 1:35:35
  Community Control. 14 days in jail.
• 1:35:51
  Credit for 14. Yeah, 11 East.
• 1:36:02
  So he's only been here for four days.
• 1:36:09
  Two nine Thursday to Thursday. Night.
• 1:36:14
  Do you say two 19 to 2? Yeah.
• 1:36:17
  All right. So 11. 11 here, I guess. so, So,
• 1:36:29
  18 credit for 18. When you got your, did you get
• 1:36:49
  your dual diagnosis evaluation? Know, why not?
• 1:36:56
  I was hoping to get a job to get insurance because I applied for
• 1:36:59
  me and Megan talked about I applied for emergency Health
• 1:37:04
  Care, something because I don't have health insurance.
• 1:37:07
  So she had me apply for that. So I could get insurance before
• 1:37:12
  I got a job. But I never got to prove for
• 1:37:17
  that insurance I think because they don't know.
• 1:37:22
  Everybody gets improved proof for that insurance.
• 1:37:25
  I'm not sure. You ever had a mental health
• 1:37:30
  diagnosis before? I don't believe so I don't know
• 1:37:35
  what that is. Exactly sir.
• 1:37:49
  Mini. You got anxiety, depression.
• 1:37:52
  Oh yeah, that's that's what he's yes.
• 1:37:57
  Yes sir done. Yes.
• 1:38:00
  So, one was that. The last time probably is about
• 1:38:05
  two years ago and then I had a therapist that I met with Lee
• 1:38:08
  weekly and I got diagnosed with anxiety and depression.
• 1:38:14
  And then was there a course of treatment initiated after that?
• 1:38:19
  Just therapy. And huh, did you do that?
• 1:38:24
  Yeah, I met whether a weekly on a video chat through a better
• 1:38:28
  health and then when I lost my insurance, when I originally got
• 1:38:31
  arrested for this, I lost my insurance.
• 1:38:33
  And then I lost contact with Erica, which was my favorite
• 1:38:36
  best. If I get insurance out, I'd like
• 1:38:42
  to reach out to air again. I was with her for like three
• 1:38:45
  years. okay, I'm gonna keep you on
• 1:39:14
  community control like I said, 18 days, credit 18, no drugs or
• 1:39:19
  alcohol With screens. You're going to obtain and
• 1:39:26
  maintain Full Employment. And That means full employment.
• 1:39:33
  To your potential. You're going to get a valid
• 1:39:37
  license. Going to pay the cost and
• 1:39:40
  supervision fees. I'm going to transfer your
• 1:39:42
  probation to some accounting. However, for the time, being
• 1:39:47
  until further notice, you're still going to report here.
• 1:39:51
  One time per month. And Kim.
• 1:39:54
  I don't know if they'll be to Craig or who but I want.
• 1:40:00
  I want to keep tabs on you because I don't necessarily
• 1:40:03
  trust Summit County. Okay.
• 1:40:07
  Because the bigger the county. The less they do quite frankly,
• 1:40:12
  makes sense. Yeah, they're dead.
• 1:40:13
  Jail was horrible. So, all jails are horses.
• 1:40:17
  So, Peach over here and compared to their sir, that was bad.
• 1:40:24
  Well, you should stay out of place, I don't want to go
• 1:40:28
  anywhere back. Or their. so if you get when you
• 1:40:36
  get your job, It provides you insurance and you want to see
• 1:40:40
  whatever her name was, what was her name?
• 1:40:42
  Erica Erica. Then you should see Erica.
• 1:40:45
  Yes, sir, I could force you to see Erica know, but if I force
• 1:40:51
  you to see Erica, then you'll go to it.
• 1:40:52
  You'll probably stare at the wall and you ain't gonna get not
• 1:40:55
  of it. So if you think that helps you,
• 1:40:57
  then you should help yourself because you should really help
• 1:41:01
  yourself. Yeah, I like her.
• 1:41:03
  It took me a long time to find a therapist that I actually could
• 1:41:05
  open up to and, like, enjoy talking to.
• 1:41:07
  So now If you don't comply with these terms, then what happens?
• 1:41:16
  Back here again, right? Don't want to do that.
• 1:41:20
  All right. Anything else.
• 1:41:21
  Mr. Matthews know you can't have anything else.
• 1:41:23
  Okay? Okay.
• 1:41:35
  And the answer can't come back from those on high that that
• 1:41:39
  can't be done because this is going to be done.
• 1:41:42
  Um and I found something else judge.
• 1:41:45
  So he does not have 18 days, he has 14 days.
• 1:41:49
  But write 14. Okay, thank you. and then, When?
• 1:42:01
  the first time you come back here, I would assume in about a
• 1:42:06
  month. You're going to.
• 1:42:11
  You're going to have written down to give to your probation
• 1:42:15
  officer. Exactly.
• 1:42:17
  The steps that need to be taken to get the license.
• 1:42:21
  Okay, now you got a month, maybe you'll be taking care of if it's
• 1:42:25
  as simple as you say, yes. Before then, if not, You're
• 1:42:30
  going to put in writing all the details.
• 1:42:32
  What I have to do, I understand saying so, You should figure out
• 1:42:38
  how you, how to go about there because you're a bright guy, I
• 1:42:41
  can do it. Nothing else.
• 1:43:08
  A just, as I say that, there's like a brief pause, but it looks
• 1:43:12
  like overall. It's better if you see anything
• 1:43:13
  different, let me know. So let's go, let's go to Lansing
• 1:43:18
  Michigan. This is Tony Flores.
• 1:43:19
  There was enough ones in the chat to justify this.
• 1:43:22
  It's probably about a 40 minute hearing.
• 1:43:24
  I'm not sure what it's about other than it looks like there's
• 1:43:28
  a significant amount of body cam footage that's used and I
• 1:43:32
  believe this is a preliminary exam so let's check it out and
• 1:43:35
  see what's going on. Oh yeah, assistant public
• 1:43:40
  defender, share not only on behalf of the defense and so you
• 1:43:44
  are Charles with Withers, is that correct?
• 1:43:45
  Yes this is the time set for plumbing.
• 1:43:48
  Examination is standing a film examinations.
• 1:43:50
  Going to be held today. Is there anything to come to the
• 1:43:52
  Court's attention before we go forward with the primary
• 1:43:55
  examination? Miss a fortune.
• 1:43:57
  Go you're on There's only one witness I anticipate that the
• 1:44:02
  people will only be calling one. Witness Officer Van Der werff,
• 1:44:05
  so I don't believe a c frustration orders, necessary.
• 1:44:08
  All right, well, I will invoke the sequestration order if I
• 1:44:11
  hear from Council that somebody comes in and see somebody on the
• 1:44:15
  stand that they shouldn't be seeing on the stand.
• 1:44:16
  We have the one officer who's president in the courtroom.
• 1:44:20
  Anything from the defense missed, only know, you're all
• 1:44:23
  right. Thank you.
• 1:44:23
  All right, the for the, for the, for the polymer examination, 25
• 1:44:28
  02459 Miss Fortuna, Guild, the people may call their first
• 1:44:32
  witness. Thank you.
• 1:44:33
  You're On observator. If you can come up here you can
• 1:44:40
  stand right in front of me and state and spell your first name
• 1:44:44
  and your last name for the record.
• 1:44:45
  Yes it's officers. Zachariah vanderwerp.
• 1:44:48
  Oh and if you could spell him yes spell the z, a c h, a r.
• 1:44:54
  I a h last name is b, a n d, e r capital w, e r.
• 1:44:58
  Okay, please, raise your right hand.
• 1:45:00
  Do you solemnly swear from 12? Truth about the truth under
• 1:45:03
  penalty. Yes, right.
• 1:45:05
  Don't have a seat. The microphone, as you know is
• 1:45:08
  goes right to the court recorders years.
• 1:45:10
  So please project as best you can and Miss Fortuna Gill when
• 1:45:13
  you're ready. Thank you, you're on her.
• 1:45:16
  Officer vanderwork, can you tell me a bit about what you do for a
• 1:45:19
  living? Yes, I'm up police officer in
• 1:45:21
  the city of Lansing. And how long have you been a
• 1:45:24
  police officer for? The city, it'll be.
• 1:45:27
  The end of February here. Okay.
• 1:45:29
  And were you employed as a police officer in the city of
• 1:45:34
  Lansing on August 13th of 2025? Yes.
• 1:45:37
  And what were you? What were your job duties that
• 1:45:41
  day? I saw is responding as working
• 1:45:43
  remote control but I was responding to 901 calls that
• 1:45:46
  day. Call.
• 1:45:53
  Saginaw Street in North Pennsylvania.
• 1:45:54
  Yes. Okay.
• 1:45:56
  And is that in the city of Lansing?
• 1:45:57
  Yes, it is County of Bingham. Yes.
• 1:46:00
  Date of Michigan. Yes.
• 1:46:03
  And can you tell me what what was going on when you arrived
• 1:46:08
  at? Eastside Street in North
• 1:46:10
  Pennsylvania. Yes, so we received a call.
• 1:46:13
  Someone had reported that a male was pushing a female off the bus
• 1:46:18
  so it was a possible domestic. Okay.
• 1:46:21
  And what what is it that you actually saw when you arrived?
• 1:46:24
  So I drove through the intersection of Saginaw
• 1:46:28
  Pennsylvania. I hadn't seen anything at that
• 1:46:30
  time and I Continued down the street until I made it close to
• 1:46:34
  like leave it with Saginaw Maryland, roughly right around
• 1:46:37
  that area, in front of Lake Lansing Catholic.
• 1:46:39
  And the, what was described is that it was supposed to be a
• 1:46:43
  black male wearing a orange shirt and a white female with
• 1:46:47
  him. And then that's who I observed
• 1:46:49
  walking down the sidewalk. Okay, so observed walk. down
• 1:46:54
  sidewalk, they Match description that dispatch had.
• 1:46:57
  Given you. Yes.
• 1:46:57
  Okay. And so what did you do next?
• 1:47:00
  So I activated my lights on my Police vehicle.
• 1:47:04
  So, just signal, that was a police officer and rolled down
• 1:47:07
  the window and asked if I could speak to both of them.
• 1:47:10
  Okay. And when you say, you activated
• 1:47:13
  your life for you in a fully marked Patrol vehicle.
• 1:47:15
  Yes, I was. And what were you wearing that
• 1:47:17
  day? I was in police uniform.
• 1:47:19
  Okay. And how is it that the two
• 1:47:22
  individuals, reacted? Yes With them.
• 1:47:24
  So, Mr. Withers actually stopped to speak with me and then the
• 1:47:28
  female tried to continue to walk away.
• 1:47:30
  So at that time, I exited my vehicle and asked his called out
• 1:47:35
  her and asked if I could speak to her as well.
• 1:47:37
  Okay. And you referred to a Mr.
• 1:47:40
  Withers was that the male that you had seen?
• 1:47:42
  Yes. Okay.
• 1:47:43
  And would you recognize him if you saw him here today?
• 1:47:46
  Yes. Do you see him here today?
• 1:47:48
  I do see. Can you point him out by
• 1:47:50
  describing an article of clothing he's wearing for me?
• 1:47:52
  Yes he's wearing the black hoodie over there.
• 1:47:54
  Your honor at this time I would like the record to reflect that
• 1:47:57
  officer. Vanderwolf has identified the
• 1:47:59
  defendant as Mr. Withers, any objection to the witnesses.
• 1:48:03
  I think identifying the defendant for purposes of
• 1:48:05
  preload missed. Only know.
• 1:48:07
  Okay, well for purposes Freedom, the witnesses identified, the
• 1:48:10
  defendant and you may proceed. Thank you.
• 1:48:14
  So what happened next was your interaction.
• 1:48:16
  So I was kind of just waiting for my partner, so he got a
• 1:48:20
  separated because typically during domestic assaults like
• 1:48:23
  someone will not, or if the female or male, whoever was the
• 1:48:26
  big one, won't speak to him unless you're separated, from
• 1:48:28
  all. So kind of way for my partner to
• 1:48:30
  get there so I can separate the two.
• 1:48:32
  Okay. And that's standard procedure
• 1:48:33
  and these sort of cases? Yes, okay.
• 1:48:36
  And when they were separated, who was at the U and
• 1:48:41
  interaction. So I ended up speaking with the
• 1:48:43
  female, okay? And What occurred after your
• 1:48:49
  conversation with, you know? So when I was speaking with her,
• 1:48:52
  she had mentioned Mr. Withers name, which was Charles Withers,
• 1:48:56
  she's in Charles Urban Withers, okay?
• 1:48:58
  And then I had overheard when officer Wilson was speaking to
• 1:49:02
  him that he gave different names.
• 1:49:04
  Okay. so, um, you heard that with your own ears?
• 1:49:09
  Yes. Okay.
• 1:49:11
  And what happened next. So at that point, officer Wilson
• 1:49:17
  went to run his name through lean.
• 1:49:19
  And then at that point I stayed with Mr. Withers until he could
• 1:49:23
  run his name and then as during that interaction I had Mr.
• 1:49:28
  Withers remained seated because I believed he lied about his
• 1:49:30
  name. So typically you know, if people
• 1:49:33
  try to stand up for not comply with your orders, they might try
• 1:49:36
  to run or fight, whatever it may be, if they realized that you're
• 1:49:39
  recognizing their lying about the name.
• 1:49:41
  So, Okay. So what name?
• 1:49:43
  Sorry yeah. Go ahead.
• 1:49:45
  What name is it? Do you recall what name Mr.
• 1:49:48
  Witherspoon, I don't recall I think I think it was Eric Miller
• 1:49:51
  if I'm not sure. Okay.
• 1:49:54
  But nothing close to Charles Williams know there's okay.
• 1:49:56
  No, and, um, or I apologize, he didn't actually give you that
• 1:50:00
  name. He gave your partner that you
• 1:50:01
  heard that? Yes.
• 1:50:03
  Okay. And the name that was run
• 1:50:05
  getting rid of lean. Is that the Eric Miller name or
• 1:50:09
  the Charles withering? I believe you'd have to ask
• 1:50:11
  officer Wilson but I believe she was running here.
• 1:50:14
  Okay. And so while you're sitting with
• 1:50:17
  Mr, Withers. Well, what happens then?
• 1:50:20
  Well, during that interaction after I told them to remain
• 1:50:23
  seated, he tried to stand up a couple of times saying that you
• 1:50:26
  needed to use the bathroom. Okay.
• 1:50:27
  There was no restroom that was close by and we're right in
• 1:50:30
  front of the school. So it's not like I can let him
• 1:50:32
  just use the bathroom there. Sure.
• 1:50:34
  So at that time, we're just kind of waiting and I haven't
• 1:50:36
  remained seated again, he tries to stand up a couple times, so
• 1:50:40
  then I get over the radio to tell officer Wilson the name
• 1:50:43
  that he should try to run. Well, he's in earshot of me
• 1:50:46
  saying that and then at that point, he stands at the
• 1:50:48
  beginning. After I told him multiple times
• 1:50:49
  not to do that. Okay, so he disobeyed your
• 1:50:53
  command several times, yes? Okay, and when she was standing
• 1:50:57
  up, when you ordered him to sit down what, what is it that you
• 1:51:01
  were fearful of in that moment, his wife was pretty gonna try to
• 1:51:05
  run, okay? I have no further questions for
• 1:51:10
  this witness at this time. Cross-examination was Stanley.
• 1:51:19
  Good morning, I'm sure vanderwerff. all right, and you
• 1:51:29
  your testimony here today was when You got the call and we're
• 1:51:34
  giving description. The only ones you saw matching
• 1:51:37
  description were Mr. Withers and the female he was with, yes.
• 1:51:49
  Was. Did you?
• 1:51:56
  Were you wearing your body more camera that day?
• 1:51:58
  I was right. And was it working?
• 1:52:00
  Yes. Right.
• 1:52:01
  And would you recognize it if you saw it?
• 1:52:03
  Yes, my body count? Yes.
• 1:52:05
  All right. Up your owner.
• 1:52:12
  Um can I use the cord to plug in my computer?
• 1:52:16
  Yeah. And you see you planned to move
• 1:52:19
  for the admission of the videotape for the body can?
• 1:52:21
  Yes. All right.
• 1:52:22
  Any objection to and I'm assuming foundation will be laid
• 1:52:28
  because you'll you'll show them the initial scene.
• 1:52:30
  So with that understanding the witness tonight.
• 1:52:35
  Can I, at least identify, maybe the first three, or four seconds
• 1:52:39
  to make sure that that's from the body Cam.
• 1:52:41
  And then I'll entertain a motion to admit With that understanding
• 1:52:44
  your honor. There would be no.
• 1:52:46
  Okay. And is there any object is there
• 1:52:47
  any objections to the to the body cam coming in?
• 1:52:50
  No objection. All right, so there's no
• 1:52:53
  objection for students to stipulation.
• 1:52:55
  I just want to make sure that we're all seeing the same thing,
• 1:52:57
  okay, all right. So um so to stipulation people's
• 1:53:02
  exhibit, one or defeat will be defense exhibit.
• 1:53:04
  One will be admitted once we get it all hooked up And that'll be
• 1:53:11
  the body cam from officer out. Vanderwerp vanderwerp and you're
• 1:53:19
  honor. I'm not intending to play.
• 1:53:21
  The whole video is An hour and 15 minutes and I'm paying to
• 1:53:25
  play. So I'm just gonna enter a
• 1:53:27
  partially the prosecutor completeness if they want to and
• 1:53:31
  they can All right. Okay, Officer Vander.
• 1:53:40
  Werff, do you recognize this? As of right now, no, but I would
• 1:53:45
  assume this is me in the car. And yes, and it's, it's labeled
• 1:53:50
  August 13th. So, that would be around the
• 1:53:52
  time frame. Yes.
• 1:53:53
  Okay. Yes, correct.
• 1:53:54
  All right. but at any point, if Something.
• 1:54:00
  That looks to be altered or not what it was.
• 1:54:11
  Recognized that. Yeah, okay, all right.
• 1:54:14
  So we're with that. You're on her.
• 1:54:17
  I will. I just have one question.
• 1:54:19
  One additional question too. So um, officer vanderwerf that
• 1:54:27
  when you just heard you speak, is that what you said when you
• 1:54:30
  were talking about your interaction initially with the
• 1:54:32
  couple that you had seen? Yes.
• 1:54:34
  Okay. So this appears to be the same
• 1:54:36
  interaction you and I were speaking about earlier.
• 1:54:38
  Yes great. Thank you.
• 1:54:39
  I know objection here. All right motion to admit
• 1:54:42
  people's exhibit. Its defense exhibit one would be
• 1:54:45
  admitted pursuant to stimulation so defense exhibit one is in
• 1:54:49
  evidence and then if you have any objection to To what we're
• 1:54:54
  seeing. I'll entertain the objection
• 1:54:57
  then because I don't know how much we're showing, but you can
• 1:55:02
  go from there and We have missed some that have been about, I'd
• 1:55:08
  say 20 seconds that led up to the to what we're looking at.
• 1:55:12
  So miss Donny, when you're ready, we are going to start the
• 1:55:15
  video at eight minutes and 29 seconds into it.
• 1:55:19
  So as the video shows, about August 13th 2025 about 450 18
• 1:55:24
  p.m., this is the point at which off survivor's says that.
• 1:55:28
  After once he's talked to the female, what happens with them.
• 1:55:33
  Mr. Wither. So, as far as, He's the only
• 1:55:39
  dude we're gonna orange shirt like nobody.
• 1:55:44
  You might just hang out here for a second.
• 1:55:46
  I'll be right back. Okay.
• 1:55:49
  Yes, I can't absolutely. Everything that I'm getting
• 1:56:09
  tired. Okay, thank you.
• 1:56:25
  Yeah, I'll talk about it. You said nothing came back on
• 1:56:27
  him, know. Did you give him the right name?
• 1:56:31
  You did. What's the name that you gave
• 1:56:34
  them? Eric Eric.
• 1:56:36
  Wow. Miller.
• 1:56:42
  You don't have any idea on you somewhere.
• 1:56:43
  Where is it at? Oh, it's been since you've had
• 1:56:54
  ID. Four years, but you had like a
• 1:57:00
  driver's license or I Michigan ID.
• 1:57:03
  So, Michigan ID. If you.
• 1:57:18
  Trouble, unless you like that. Yeah.
• 1:57:29
  So um entire base station said that, he Actually.
• 1:58:25
  You. You want to press charges
• 1:58:30
  against them for that assault today?
• 1:58:53
  I'm just gonna pause it because I have a question officer Vander
• 1:58:56
  War so I'm pausing it. The time on stamp is 501 and 30
• 1:59:01
  seconds PM had you. You after you have you gotten
• 1:59:09
  hit the her to tell you what? Mr. Withers, his name was yet at
• 1:59:13
  this point, you remember, I don't remember.
• 1:59:16
  I'll just Respectful.
• 1:59:44
  Pause right there. At timestamp says, 501 and 58
• 1:59:50
  seconds, Mr. Vanderwerff. At that moment.
• 1:59:53
  Did you actually recognize the name?
• 1:59:55
  Yes. Okay.
• 1:59:56
  All right. What's your date of birth?
• 2:00:04
  121676 Why do you look so familiar to me?
• 2:00:15
  Where were you staying down on the south side?
• 2:00:24
  You've never stayed on the South Side, you never stayed over by
• 2:00:26
  jolly and pain. I'm pretty sure you did.
• 2:00:33
  It wasn't you? What's the name you gave him?
• 2:00:40
  Eric, what Miller? You didn't used to live by Penn
• 2:00:47
  and jolly. I've got here.
• 2:01:00
  I understand what you're saying. Yeah.
• 2:01:25
  I'm just trying to place it. I do remember speaking to you
• 2:01:28
  before. Just walking around.
• 2:01:40
  You know what? I think.
• 2:01:41
  I remember where I know you from No, no, I know you from jolly
• 2:01:51
  and Pennsylvania, that's what it is. you are, you came back to
• 2:01:56
  some house that The maintenance guy was in.
• 2:02:01
  Over there, the apartments down there.
• 2:02:03
  You don't have talked about What was your name?
• 2:02:06
  It wasn't Eric. What was your, what was your
• 2:02:10
  name? I hang out down by lark.
• 2:02:32
  Now, I'm almost positive. That was you down there?
• 2:02:35
  Almost positive. I just can't remember your name.
• 2:02:45
  I think you're lying about your name.
• 2:02:49
  What was it? It wasn't you?
• 2:03:24
  Remember it? here, you
• 2:04:24
  Pause. It just momentarily.
• 2:04:25
  You know the wall it's a five five.
• 2:04:29
  Oh, six and 22. Seconds officer being your work.
• 2:04:32
  Are you waiting for officer Wilson to be running the lean
• 2:04:36
  information? That's okay.
• 2:04:37
  To make sure. Yeah, I'm telling you can't use
• 2:04:46
  it right now. You know, I think I remember
• 2:04:53
  what it is. Charles that's your name.
• 2:04:58
  It's not Charles. oh, Jessica, do you want to go sit
• 2:05:31
  in the shade? You can sit in the shade.
• 2:05:35
  You know, you can stay right here.
• 2:05:37
  I think you're lying about your name.
• 2:05:39
  I think your name is Charles That's what's coming back to my
• 2:05:47
  memory right now. I'm guaranteed.
• 2:05:50
  That was you that was down there.
• 2:05:52
  Just like, you cannot sit down. I cannot no, no, don't do that.
• 2:05:56
  Okay? Don't you try to get up again?
• 2:06:04
  I understand what you're saying, I understand what you're saying,
• 2:06:06
  but I want you staying down there because I think you're
• 2:06:08
  lying about your name right now. No, you cannot not unless you
• 2:06:15
  want to charge. 22 that.
• 2:06:42
  Can I Think it's a Charles Urban
• 2:07:14
  Withers. No bathroom.
• 2:07:16
  No. Don't do that.
• 2:07:22
  Don't do that. I told you not I told you not to
• 2:07:29
  do that. Okay.
• 2:07:30
  Because I'm because you because you stood up I told you not to,
• 2:07:34
  you're not gonna try to run. I need that.
• 2:07:57
  You justify. I mean, it at the video at the
• 2:08:01
  time stamp on the date is August 13th. 2025 at 5:09 p.m. and 38
• 2:08:08
  seconds. The video itself ended at 17
• 2:08:12
  minutes and 54 seconds into it officer Vander worth you
• 2:08:17
  testified today that he resisted because you were him to stay
• 2:08:21
  seated and he he disappeared that order.
• 2:08:23
  Correct. Yes, And in your video.
• 2:08:32
  He, you know, you he was telling you that he had to use the
• 2:08:36
  bathroom, right? Yes.
• 2:08:37
  Okay. And you said that, you wouldn't
• 2:08:42
  allow him to use the bathroom because there wasn't any nearby
• 2:08:45
  bathroom. Right.
• 2:08:45
  Okay. And and the implication being,
• 2:08:48
  if he needed to relieve himself, he would be exposing himself in
• 2:08:52
  this getting a crime. Yes.
• 2:08:53
  Okay. There was kids that were
• 2:08:55
  playing, like, tennis on the court just on the other side of
• 2:08:57
  those trees there, too, okay? But no point in that video did
• 2:09:07
  he, you know, did you see he say that he you know, was going to
• 2:09:11
  was going to run, right? No he's not say that.
• 2:09:14
  Okay. You're on her.
• 2:09:20
  I have no further questions. All right, redirect a
• 2:09:23
  misfortunate to go. Briefly on her.
• 2:09:26
  Um, Officer Gator wars in the video when you when Mr wither
• 2:09:33
  stands up, it is that the second or third time?
• 2:09:38
  Do you recall that he stands up? I believe this is the second
• 2:09:40
  time. He's playing him that he was not
• 2:09:50
  to stand back up again until Until you had all the
• 2:09:54
  information? Yes, okay.
• 2:09:55
  And um, When he stands up the second time and you proceed to
• 2:10:04
  play some under arrest. Is that correct?
• 2:10:06
  Yes. So when I went to grab him, that
• 2:10:08
  time he did pull his arms away. Okay.
• 2:10:11
  That was my question was, was there any When you?
• 2:10:19
  Okay, thank you. I just wanted clarification the
• 2:10:22
  video. It's kind of hard to tell
• 2:10:23
  exactly what's going on. Thank you.
• 2:10:26
  Know, further questions. All right, any crossy any
• 2:10:29
  additional cross examination? Is only know Miss Fortuna, gold
• 2:10:33
  made this witness speak. Excuse me, you're right.
• 2:10:35
  Thank you for your parents that you're sir.
• 2:10:37
  Thank you. For the day.
• 2:10:41
  Mr. Gonna go. No, you're on the people rushed?
• 2:10:44
  Yes. All right.
• 2:10:45
  Any Witnesses today. From the defenseless down.
• 2:11:01
  Oh question that I wanted to actually fight certainly do you
• 2:11:12
  plan on on any and calling any Witnesses today?
• 2:11:16
  No, no, your honor. All right, motion for bind over
• 2:11:20
  Miss Thomas for tuning. Okay.
• 2:11:24
  That's okay. Thank you.
• 2:11:25
  Roger. Today Mr. Withers is charged
• 2:11:29
  with assaulting resisting or obstructing a police officer or
• 2:11:34
  person performing duties. We heard testimony from one
• 2:11:39
  officer today officers, Zachariah Vander Wharf with the
• 2:11:42
  Lansing Police Department. He testified that on, August
• 2:11:45
  13th of 2025, he was working and dispatched to East Saginaw
• 2:11:50
  Street in North Pennsylvania, for what was a potential
• 2:11:54
  domestic situation. He testified That this was in
• 2:12:00
  the city of Lansing, County of Ingham state of Michigan, giving
• 2:12:03
  this court proper jurisdiction. Additionally officer vanderwolf
• 2:12:07
  was able to identify the defendant as Charles Withers,
• 2:12:11
  the individual whom he interacted with, on August, 13th
• 2:12:15
  date. To be charged with an r&o first.
• 2:12:19
  The people must prove that the defendant assaulted battered
• 2:12:23
  wounded, resisted obstructed, opposed or endangered, If a Mr
• 2:12:29
  Zechariah Vander Ward, who is a police officer with Lansing
• 2:12:33
  Police Department? We did hear testimony as well as
• 2:12:37
  watched the body camera footage today.
• 2:12:39
  That Mr. Vander. I apologize, Mr. Withers gave
• 2:12:44
  officer vanderwerf the incorrect name or his partner.
• 2:12:48
  The incorrect name. I believe both of them.
• 2:12:51
  He gave them a false name. Then continued to stand up when
• 2:12:58
  instructed to sit down Officer Van Der werff did testify that
• 2:13:01
  he was fearful of Mr. Withers fleeing and that Mr. Withers was
• 2:13:10
  indicating that he didn't need to use the restroom.
• 2:13:12
  However, there was no probate place for that to her at this
• 2:13:15
  time. And that Mr. Withers needed to
• 2:13:17
  remain seating until the police officers, had all of the
• 2:13:20
  information and part of the reason why those police officers
• 2:13:23
  did not have the right information.
• 2:13:25
  Is because Mr. Withers refused to give it to that.
• 2:13:28
  Additionally. When Mr. Withers did stand up
• 2:13:31
  that second time and Officer Van Der waals was under the
• 2:13:34
  impression that he may try to flee.
• 2:13:36
  He was tackled and arrested at that time when Officer Van Der
• 2:13:42
  Ward was arresting Mr. Withers Mr. Winners continue to try to
• 2:13:46
  pull away from officer vanderwerff.
• 2:13:48
  We have heard all that test. Bony today from the officer as
• 2:13:53
  well as saw the body camera footage.
• 2:13:56
  The people would ask for bid over on this account.
• 2:13:58
  Thank you. Alright, I'm response to motion
• 2:14:00
  for bind over Miss Donnelly. Thank you.
• 2:14:02
  Your honor asked the Process their burden to show probable
• 2:14:07
  cause that, Mr. Withers has committed the offence of
• 2:14:09
  resisting obstructing an officer.
• 2:14:15
  They? The jury instructions requires
• 2:14:21
  that well at trial, they prove Beyond reasonable doubt that
• 2:14:25
  there was a knowing failure to comply with a lawful order.
• 2:14:28
  So they just have to establish that by probable.
• 2:14:30
  Cause today the issues the defense would like the court to
• 2:14:34
  consider as the fact that after viewing the officers body worn
• 2:14:39
  camera the incident. How it transpired happened very
• 2:14:46
  quickly and as was evident on the video.
• 2:14:49
  Mr. Withers was very adamant that The reason why he was
• 2:14:56
  having difficulty sitting down was because he needed to use the
• 2:15:00
  bathroom and he even offered the officers to handcuff him.
• 2:15:03
  So that they knew that he wasn't playing the officer and his
• 2:15:08
  discretion forced Mr. Withers to her, you know, remain seated
• 2:15:13
  while Mr. You know, Withers was in that uncomfortable position
• 2:15:17
  so I your honor the again they have to their burden is
• 2:15:21
  deception probable cause that he knowingly failed to comply with
• 2:15:25
  a lawful command. As we can see on the video, It
• 2:15:28
  All Happened, rather quickly, him standing up the officer
• 2:15:32
  grabbing him, tackling him to the ground.
• 2:15:35
  And then both officers he and copying him again.
• 2:15:38
  There has to be probably cost to establish that he knowingly fail
• 2:15:42
  to comply with their lawful commands and we asked his court
• 2:15:45
  to consider dismissing it for failure to meet that burden.
• 2:15:49
  Thank you. Thank you.
• 2:15:50
  Ms. Stanley any response Misfortune to go?
• 2:15:54
  No, you're right. I stand on my Previous argument.
• 2:15:56
  All right, the motion for bind over the standard examination is
• 2:16:01
  probable cause probable cause being the second lowest standard
• 2:16:04
  criminal law. Reasonable Suspicion being a
• 2:16:07
  lower standard. I do find that location venue
• 2:16:10
  and date have been made at the this did occur on Saginaw
• 2:16:15
  Street, North Pennsylvania. In the city of Lansing, we got
• 2:16:18
  to see that as people's exhibit defense exhibit number one.
• 2:16:22
  There was all a I saw that in and I saw the actual interaction
• 2:16:27
  with Observer who testifies with subjects across examination.
• 2:16:31
  We saw his body cam, he was so the decisions made on the
• 2:16:34
  witness and on the body cam. So location of venue and the
• 2:16:39
  date of August, 1325 of all being a established.
• 2:16:42
  Mr. Withers was identified as the person being in the video
• 2:16:47
  and so ID has been made as Mr. Withers being in court.
• 2:16:52
  So location venue, ID and date have been made and then we Have
• 2:16:56
  the offense elements, it does appear that at least from Mr.
• 2:17:01
  Withers perspective, he indicated he needed to go to the
• 2:17:04
  bathroom, but there has to be some invasive investigation
• 2:17:07
  based on the name. He give them, he gave them and
• 2:17:10
  the investigation shows that he gave them.
• 2:17:12
  The name of Eric Miller, initially, he did not come with
• 2:17:15
  his actual name and so they're running his actual name to try
• 2:17:20
  to find out who they have in front of them.
• 2:17:22
  That was part of the investigation which started out
• 2:17:25
  as a domestic violence investigation.
• 2:17:27
  And that's why Mr. Withers will stop along with the female
• 2:17:33
  companion. I find that Mr. Withers so there
• 2:17:38
  are issues incredibility, go to fact, go to the Trier fact but
• 2:17:42
  it probably caused level. The elements of met that have
• 2:17:45
  been met on count one, as resisting and obstructing an
• 2:17:48
  officer that on, August 1325 at East Saginaw Street, North
• 2:17:52
  Pennsylvania. In the city of Lansing, the
• 2:17:54
  defendant did I didn't see an assault battle wound.
• 2:17:58
  I did see resisting. I did see some opposing and
• 2:18:02
  certainly endangering officers. Exactly.
• 2:18:04
  Where a police officer. He was.
• 2:18:06
  He was marked. They were both marked as police
• 2:18:09
  officers and they would and they were subject to the vehicles
• 2:18:13
  were also marked the defendant newer had reasonable performing
• 2:18:16
  his or her duties. We had testimony from officer
• 2:18:18
  Banner worth that he had, he had indicated two commands for the
• 2:18:24
  defendant to sit down and defendant did not sit down and
• 2:18:27
  the defendant was indicating had to go to the bathroom.
• 2:18:29
  But there was an investigation on the prior name, that was
• 2:18:33
  given to the officers, which was Eric Miller, which is not the
• 2:18:37
  correct name. And so they were looking find
• 2:18:39
  the correct name. So these are all credibility
• 2:18:42
  issues that may go to the trial fact.
• 2:18:44
  But I find at a problem cause low level that location offense
• 2:18:48
  venue in date have been made and I will bind over on count.
• 2:18:51
  One, the habitual fourth offender, notice all goes along
• 2:18:56
  With the count one. And so this, Is bound over his
• 2:19:02
  charge. I will indicate the examination
• 2:19:08
  was held on to today's date, which is February 19th 2026.
• 2:19:14
  And there's probable cause determined that count one has
• 2:19:16
  been committed. The habitual offender will
• 2:19:18
  follow. I have Bond set at 2000 PR which
• 2:19:23
  was the original Bond and then I have a note on the file so we
• 2:19:27
  got to clear this up that it was it was it was modified to 2000
• 2:19:31
  cash Surety on February 2nd 2026.
• 2:19:35
  This goes back to August 2025 so if we can clarify that it's it
• 2:19:42
  says 2000 PR bun but the magistrate indicated 2000.
• 2:19:46
  Cash Surety, what's your understanding of bond missed
• 2:19:49
  only because there was a failure to appear, it's my
• 2:19:52
  understanding. Yes, he posted a bond when he
• 2:19:54
  was a PR Bond original and then it became a cashier that he
• 2:19:58
  posted. Okay.
• 2:19:58
  So he's 2000. Cash, 30 would be the correct
• 2:20:01
  amount of bond at this time. He did post a bond.
• 2:20:04
  Yes. Okay.
• 2:20:04
  All right. So I'm gonna take off the pr
• 2:20:07
  Bond. It is a 2000 cash. 30 has been
• 2:20:09
  posted at this time. Is that a fair statement was
• 2:20:14
  fortunate? That's my reading of it.
• 2:20:15
  That's I just wanted to confirm that there were two there was
• 2:20:18
  previous builds to appears and then the bond was set at 2000
• 2:20:23
  cash Surety a bond was posted and then so it's not 2000 PR
• 2:20:27
  anymore as indicated by the bind over documentation.
• 2:20:32
  Is that you're understanding Sporting Good.
• 2:20:34
  That is man understanding. All right?
• 2:20:37
  So, your time in District Court service done at your office
• 2:20:41
  Circuit Court, where you get your next date of appearance, in
• 2:20:43
  Circuit Court, from your attorney, missed, only anything
• 2:20:47
  else before I sign the bin over documentation, best for tuna.
• 2:20:51
  Go not for the people Miss Stanley, now for defense.
• 2:20:54
  All right, I'm gonna sign the bind over documentation and
• 2:21:00
  Finance and post, you'll get your next gate of appearance,
• 2:21:03
  from Ms Stanley. Thank you for your parents
• 2:21:05
  today. So I think that was interesting
• 2:21:12
  to watch and it's always good to see body cam when we can but I
• 2:21:16
  am not sure exactly what that defense attorney was trying to
• 2:21:21
  achieve their by showing all of that.
• 2:21:26
  I don't I don't see any way that that would have stopped.
• 2:21:32
  Probable, cause from being found, I don't see any way that
• 2:21:36
  it helped that defendant. Now, if you see it differently,
• 2:21:39
  please tell me in the chat because I'm I'm curious, maybe
• 2:21:43
  I'm missing something but I don't I don't see what the
• 2:21:46
  purpose of that was from a helping your client perspective.
• 2:21:50
  Maybe you do. Note for fourth hour today, we
• 2:21:55
  will probably do more Court going forward.
• 2:21:58
  I told you before that, the fourth hour is gonna kind of be
• 2:22:01
  a work in progress as we figured out.
• 2:22:03
  Mrs. TCF, and I are actually working on kind of a scripted
• 2:22:07
  plan for how to handle that fourth hour, based on the things
• 2:22:11
  that we've learned so far. But for now until we finalise
• 2:22:14
  that the fourth hour will generally be more court and
• 2:22:18
  less, there's something going on out in Cortland that it's worth
• 2:22:21
  talking about, or a case that we see during the live show that's
• 2:22:25
  worth having more discussion on something like that.
• 2:22:27
  Just swirl on the same page for now, Let's move forward.
• 2:22:35
  Go to Texas and keeping with our promise of 9 to 11% more judge,
• 2:22:39
  boys. Let's go there.
• 2:22:40
  All right. Thank you.
• 2:22:57
  All right, the court is calling 2025 cr01 0368.
• 2:23:02
  State versus Devin Grisham. Can I have parties announced
• 2:23:06
  Christopher sentence for the defense and are you Mr Grisham?
• 2:23:09
  Yes, ma'am. It's your view.
• 2:23:11
  The document entitled motion to energy education of guilt and
• 2:23:14
  revoked community supervision with your attorney.
• 2:23:16
  Did you understand it? Because remember, are you the
• 2:23:18
  same Devin where I Gresham, who has placed on deferred
• 2:23:21
  adjudication in 2025, cr01 0368, for the offense of theft of
• 2:23:26
  property less than 2500 dollars with two or more previous
• 2:23:29
  convictions on October, 7th, 2025 for period of two years.
• 2:23:34
  Is that you all right State University.
• 2:23:44
  Of Texas defended Christians, many of the offense property
• 2:23:54
  violation conditions, 1. Can you please?
• 2:23:57
  That sure not true. True.
• 2:24:01
  There's the recommended. Are you waiting on that?
• 2:24:04
  All right, any objection to the states, waivers an objective.
• 2:24:07
  It's understand by pleading true to violation condition.
• 2:24:10
  Number one, the court could find it true grant, the motion find
• 2:24:13
  you guilty and sentence you up to two years in the state jail,
• 2:24:15
  facility and up to 10,000 dollar fine.
• 2:24:18
  Yes. Knowing that do you still wish
• 2:24:20
  to violation of condition? Number one?
• 2:24:22
  Yes, no court will find violation of condition.
• 2:24:25
  Number one, true. Is there a proposed agreement is
• 2:24:30
  to revoke the defendant places in state jail for eight months
• 2:24:34
  and the state will be seeing calls number 2026.
• 2:24:37
  CR 0, 0, 1, 8 1 5, All right, and that's a theft case.
• 2:24:48
  All right, another image. So the question becomes, why
• 2:24:52
  should I follow? The agreement that you all are
• 2:24:56
  seeing Outreach because he's on deferred for theft case.
• 2:24:59
  And it was enhanced to felony because he has previous step and
• 2:25:03
  now he's back and he has played true to another theft case.
• 2:25:06
  Why shouldn't he received two years?
• 2:25:09
  What's going on? Why is he committing their
• 2:25:13
  Massacre. All right.
• 2:25:14
  Children. Do you want him to testify Mr?
• 2:25:16
  Like to speak soon? You want to raise your right
• 2:25:20
  hand? Do you suddenly swear from the
• 2:25:22
  testimony? You will be the truth and
• 2:25:24
  nothing but the truth. So help you God?
• 2:25:25
  Yes. All right, you can lower your
• 2:25:27
  hands. State your name for the record.
• 2:25:28
  Devin Griffin. All right.
• 2:25:30
  So why is this happening? Um, well, I was having I was
• 2:25:34
  almost done so I was no. I mean it doesn't.
• 2:25:38
  Give me the right thing, you know, it's not mine for us.
• 2:25:41
  I was having a hard time with that.
• 2:25:43
  So I was trying to just get money to be able to get a room
• 2:25:47
  down the street, why not? Hey for Hope Church.
• 2:25:51
  Yeah. Check into that judge.
• 2:25:53
  And that's what I actually, two days.
• 2:25:54
  I just got Approved. But now that was two days ago.
• 2:25:59
  This offense is a. Well the offense that she played
• 2:26:03
  true, too was January 8206. So you're telling me that you
• 2:26:08
  were homeless and that's why you were stilling.
• 2:26:10
  So why didn't you Do Haven for Hope, hope before January 8th
• 2:26:16
  2026. I should.
• 2:26:19
  And did you contact probation and tell them you were having
• 2:26:22
  issues? Yes.
• 2:26:23
  No no. Did you contact probation?
• 2:26:27
  And tell them you were having issues with being homeless and
• 2:26:31
  what was going on in your life because they're here to help
• 2:26:34
  you. You know.
• 2:26:41
  Did you do anything on probation?
• 2:26:44
  Yes, ma'am. What did you do?
• 2:26:45
  And I gotten started with the government set up a plastic we
• 2:26:50
  had just me and my probation officer.
• 2:26:53
  I just seen him like a day before I got left.
• 2:26:56
  And started, you know, to get things set up.
• 2:26:58
  But I mean, He's been on probation since October 7th,
• 2:27:03
  2025, what does he mean? He George, I believe he was
• 2:27:06
  trying to get him into the felony drug court.
• 2:27:08
  They found that he didn't meet the criteria and so, as we've
• 2:27:12
  been held, How could the screen on that?
• 2:27:16
  So we that would have been the most successful route for him.
• 2:27:23
  Any questions? About Judge probation.
• 2:27:28
  What are you all recommending? Was Isaac.
• 2:27:37
  That. um, and he was not accepting
• 2:28:02
  felony, drug court, judge due to him, not meeting the criteria
• 2:28:06
  for substance dependence, probation met with him one time
• 2:28:12
  and then he was very arrested, three months after being granted
• 2:28:16
  for the same amendments. Okay.
• 2:28:20
  All right. I'm gonna give you a choice.
• 2:28:21
  These are your only two choices there.
• 2:28:23
  No other choices. Do you understand first choice?
• 2:28:26
  I will revoke you. I'll send you to one year at the
• 2:28:29
  state jail facility. Second choice.
• 2:28:31
  I will continue. To work with you, I say we
• 2:28:35
  probation will, but you're going to be going to ISF.
• 2:28:39
  Exactly, they program. We just Well, here's the thing.
• 2:28:49
  You know, yourself better than I do better than your attorney
• 2:28:51
  does better than probation does. If you want help, I will
• 2:28:56
  continue you. If you don't, I'll send you to a
• 2:28:59
  year in the state jail facility with a year in the state jail
• 2:29:02
  facility. You receive credit for any time
• 2:29:04
  that you've been in custody on this case, Otherwise.
• 2:29:09
  You're going to be transferred to ISF. and then, hopefully, You
• 2:29:15
  know, you'll be better able to communicate with probation, so
• 2:29:19
  which do you prefer? I'm looking right?
• 2:29:35
  Are you waving your right to appeal?
• 2:29:40
  All right, the court then will revoke find you guilty.
• 2:29:44
  Statute of one year in the state jail facility.
• 2:29:47
  Give you credit for any time. So our request Therapeutic
• 2:29:52
  Community. The Therapeutic Community
• 2:29:54
  doesn't increase the time that you're in custody.
• 2:29:56
  I have no jurisdiction to force them, the place you in the
• 2:30:00
  program, you'll have to request it as well, but it should help
• 2:30:03
  you with whatever issues you may be experiencing.
• 2:30:05
  There should be no contact with quick trick.
• 2:30:13
  Or Walmart. And no unsupervised.
• 2:30:26
  Contact with minors. They can consideration. 2026 cr0
• 2:30:35
  01815. Did you review the document
• 2:30:40
  entitled trial torch certification of defendants
• 2:30:42
  rights to appeal with your attorney?
• 2:30:44
  Did you understand it and sign it?
• 2:30:48
  Because she waived, your right to feel you do not have the
• 2:30:51
  Court's permission to appeal because this is a felony
• 2:30:53
  conviction. You're not allowed to own or
• 2:30:55
  possess any weapons or ammunition.
• 2:30:57
  If you have a question of what that is, you need to speak to an
• 2:30:59
  attorney. Do you understand?
• 2:31:00
  Yes. All right, we can go record.
• 2:31:02
  Here's the thing, you have to start making better choices.
• 2:31:05
  Everybody who didn't have money stole.
• 2:31:07
  Where would we be as a society? Right there.
• 2:31:10
  Plenty of places that can help you, excuse me.
• 2:31:14
  There are plenty of places that can help you.
• 2:31:17
  There's Haven for Hope. There's the Salvation Army.
• 2:31:20
  If you can't find some place when you release, if I'm still
• 2:31:23
  here, you come back here and I will pick up the phone to call
• 2:31:27
  somebody to help you and give you access to.
• 2:31:32
  All right, all right. Good luck to you, okay.
• 2:31:39
  Michael Groff in the chat. He takes the jail time man.
• 2:31:42
  I'll never get over that. I agree with you but I guess
• 2:31:46
  there's a little bit of know thyself.
• 2:31:47
  I mean if you know you're not gonna make it through whatever
• 2:31:50
  the alternative is that I guess you guys will just take the jail
• 2:31:53
  time. It's sad, though, isn't it?
• 2:31:56
  That people get to that state but some do I guess I mean, we
• 2:32:00
  see it here enough. um, let's go to Michigan.
• 2:32:04
  This is Judge McNally. It's from today, a little bit in
• 2:32:08
  the way back machine, though. This is probably from about an
• 2:32:10
  hour ago. All right, people against
• 2:32:16
  Charles, Anthony Faust. 26245377.
• 2:32:37
  License expired. He was he had a friend that was
• 2:32:46
  willing to pay off his friend called and told his wife, you
• 2:32:55
  know. They either he called me later
• 2:32:59
  that day. I saw that this was in the
• 2:33:01
  system and then he. All right.
• 2:33:02
  So does he stand you wait for more reading?
• 2:33:04
  Yes. Flat Rocks here today, aren't
• 2:33:07
  they? Heather and we're just waiting
• 2:33:10
  on the follicle about it. Okay, I went ran out guilty,
• 2:33:13
  plea Hundred dollar personal Bond.
• 2:33:15
  You cannot leave the state without the consent of the
• 2:33:18
  quarter. Violate a law against
• 2:33:19
  appearances directed. Give you that take to the
• 2:33:23
  prosecutor and then let me know when you're ready.
• 2:33:25
  We'll see if you thank you Higgins.
• 2:33:27
  Ashley, Michelle, Higgins, truth about six.
• 2:33:31
  B, eight, two six, nine nine A and B and C.
• 2:33:41
  That's the point. Your name.
• 2:33:44
  You have an animal violation. Vicious dog.
• 2:33:48
  You have two civil and fractions, dog roaming at large
• 2:33:51
  and licensed no dog license. You have the right to an
• 2:33:55
  attorney. If you would like one, I will
• 2:33:56
  give you one You want to turning?
• 2:34:00
  All right. So I'll ring and then I would
• 2:34:04
  send you to the prosecutor, okay?
• 2:34:07
  So, you have one this to meter. This should say.
• 2:34:10
  It is a legend on January 18th of 2016 that you had a dog that
• 2:34:14
  was on raccoon and rolled in Brownstown and attacked.
• 2:34:18
  Another dog. That is a misdemeanor
• 2:34:19
  punishable. By up to 500 finds 90 days jail
• 2:34:22
  costs, or all those penalties. You want to understand that.
• 2:34:28
  Yep. You just signed read and
• 2:34:30
  understand this advice of Rights from If you plead guilty, you
• 2:34:34
  will be giving up all those rights on the advice of Rights.
• 2:34:37
  And there will not be a hearing or a trial of any kind, you
• 2:34:40
  understand that? You got to keep your voice up.
• 2:34:43
  Yeah. All right.
• 2:34:47
  You still have the two sibling fractions, no dog license and a
• 2:34:51
  dog at Large. And I did license.
• 2:34:55
  Okay. So I'm gonna play Of Denial on
• 2:34:59
  nose. What kind of dog is this?
• 2:35:04
  Okay, you gotta keep your voice up.
• 2:35:07
  Okay. All right.
• 2:35:28
  my name is, I don't know what you guys say that she was trying
• 2:35:33
  to draw the chart is so sure they write a letter review and I
• 2:35:38
  was going to talk to prosecutor about it.
• 2:35:39
  I don't have anything that you would A defend, your dog is to
• 2:35:45
  be in a fenced in yard. Or on a leash.
• 2:35:49
  Equipped with the muzzle. And accompanied by a suitable.
• 2:35:54
  Adult, do you understand that? Or inside your residence.
• 2:36:15
  Okay. Also, again, you cannot leave
• 2:36:19
  the state without consent or violate a long.
• 2:36:22
  You must appear in quarters directed.
• 2:36:23
  You go out in the hall, he's taking the file to the
• 2:36:26
  prosecutor, you sign in out there in the prosecutor will
• 2:36:30
  call you. Okay, good luck.
• 2:36:31
  Either way, you're coming back in front of me, Devonshire.
• 2:36:35
  514412. You're an answer that is not
• 2:36:45
  your church was super drunk and you have the right to a lawyer.
• 2:36:49
  You want to lawyer? Yes.
• 2:36:50
  All right, John setting up with an attorney.
• 2:36:54
  You can go out in the hallway and we will set you up, okay?
• 2:36:57
  Yes, sir, either way you're coming back in front of me.
• 2:37:01
  Thank you. Emma suede. 26, our five one
• 2:37:11
  four, five zero zero. The morning, ma'am.
• 2:37:15
  Your name. Good morning and I'll sweat.
• 2:37:19
  Okay, so you met with the Department rep.
• 2:37:23
  The officer Hershberger, it looks like and you two agreed
• 2:37:27
  that you would responsible beating traffic with the
• 2:37:30
  speeding, the Buddhist Nest. True to that charge of impeding
• 2:37:34
  responsible or not responsible. Please accept its speeds
• 2:37:38
  dismissed, one 50 years old. You're right now.
• 2:37:43
  So thank you. Good luck.
• 2:37:54
  People again Castro, Jose Felix, Aaron Castro 1902312300.
• 2:38:08
  All right, Mr. Castro, I don't believe you had an attorney
• 2:38:11
  before. Did you sir?
• 2:38:14
  All right, so you pled guilty under Section 771.1 to to retail
• 2:38:20
  fraud and the agreement was that would be taken under that
• 2:38:24
  statute for a period of three months.
• 2:38:26
  They dismissed the retail fraud at the time of that of the fleet
• 2:38:31
  all that's true. Correct.
• 2:38:32
  Yeah I did not order a present this report or any kind of
• 2:38:37
  screening. I just set it for hearing or
• 2:38:42
  sentencing I should say. and, That's it.
• 2:38:49
  So you have the right to a lawyer if you want one.
• 2:38:53
  I will give you long you waive your right to a lawyer.
• 2:38:56
  Yes. Okay is there anything that you
• 2:39:00
  would like to tell me before I sent you?
• 2:39:05
  Know. I mean, I've been trouble.
• 2:39:08
  Don't plan on being in trouble. Three months probation, I'll
• 2:39:22
  take it under Section 771.1. You cannot leave the state
• 2:39:26
  without consent of the Court. He cannot violate any law.
• 2:39:31
  For Ordnance, you cannot enter any Meijer store in the next
• 2:39:36
  three months. You must report to probation as
• 2:39:41
  directed you're not to go back to 26100, Freeland, in Flat Rock
• 2:39:47
  specifically, but you're not going to any Meijer store.
• 2:39:51
  Do we understand that? All right.
• 2:39:56
  Finds are 150. Costs of 100. 75 victims rights
• 2:40:01
  fee fifty dollar, justice system.
• 2:40:03
  So In 60 dollars in probation fees.
• 2:40:07
  So your total here amounts to 310.
• 2:40:10
  Plus your 1:25 for 4:35. No order, four hours of
• 2:40:18
  community service here to complete that.
• 2:40:20
  In this case, no later than 8 of the 1st.
• 2:40:23
  Okay, I'll give you a review hearing dates.
• 2:40:27
  So again, you owe the court. 435.
• 2:40:33
  Do you have all that I didn't? All right, so you'll pay that he
• 2:40:37
  did have a bond to judge. Yes, you have, you have a bond
• 2:40:41
  of 300 dollars, which is in your name.
• 2:40:44
  So that was. Let's see.
• 2:40:47
  That was 3,010 percent by law. We keep 10%.
• 2:40:50
  So you have 270 to apply. So you'll apply the bond.
• 2:40:54
  You'll go down. You'll pay the other 65.
• 2:40:56
  Okay, John? See a probation needs to see
• 2:40:59
  him. If nothing else to explain the
• 2:41:01
  community service, but you have to do a community service, four
• 2:41:04
  hours, by April 1, we can do that at any non-profit
• 2:41:07
  organization gets using this church, Salvation Army Saints
• 2:41:11
  and DePaul. I could care less.
• 2:41:12
  It doesn't matter, but it has to be nonprofit.
• 2:41:15
  We're gonna give you a review. Hearing date, three months.
• 2:41:18
  You'll come back. If you've done everything and
• 2:41:21
  stayed out of trouble, the case will be dismissed on motion to
• 2:41:23
  process here. So we need one for May sometime
• 2:41:27
  May 14th. At 8:30, May 14th at 8:30.
• 2:41:34
  So you would pay your clients. Why your bond?
• 2:41:37
  Get your notice, your paper notice.
• 2:41:39
  Then you go meet with probation. Good luck.
• 2:41:43
  Thank you. Know more though, okay.
• 2:41:48
  You ready? Jack?
• 2:41:50
  Mr Speaker. Oh yeah, just handed to see you.
• 2:41:54
  Got the parade, okay? But you're gonna go down and
• 2:41:58
  take care of the other business first, okay?
• 2:42:01
  People against Charles Faust. Charles.
• 2:42:06
  And he files to accept people or five three, seven.
• 2:42:16
  All right, so you met with a prosecutor?
• 2:42:19
  He's going to dismiss the expired advice and Eat your
• 2:42:23
  plants going to plead to allowing them, licensed driver
• 2:42:26
  to drive. True.
• 2:42:26
  That's true. That is punishable sir, up to
• 2:42:29
  500 finds 90 days jail costs heraldos.
• 2:42:33
  But there is no reporting to the Secretary of State 0 points.
• 2:42:38
  No, not abstract. She understand that.
• 2:42:40
  He just signed reading and understand the advice from here
• 2:42:43
  today, okay? Yes.
• 2:42:45
  If you please guilty will give up all those rights and there
• 2:42:49
  will not be a hearing or a child.
• 2:42:50
  She understand that All right, and this is how you wish to
• 2:42:53
  proceed. All right, to that charge
• 2:42:59
  allowing unlicensed driver to drive.
• 2:43:01
  How do you plead? Here.
• 2:43:04
  On January, so 7 of 26. Where you wouldn't control the
• 2:43:09
  2011 Chevy? That was being operated on
• 2:43:12
  Telegraph. Excellent.
• 2:43:16
  He's very, very sure. Well, there's no reason to be
• 2:43:19
  nervous. I did not used to this.
• 2:43:21
  Sorry. It's all right.
• 2:43:23
  Were you in control of that 2011?
• 2:43:25
  Chevy, that was being operated on that date of January, 7th of
• 2:43:29
  26th, on Telegraph and Nipsey and Flat Rock?
• 2:43:32
  Yes. And you were suspended at the
• 2:43:34
  time. Is that true or unlicensed?
• 2:43:36
  They should say, are you on probation or parole anybody
• 2:43:40
  force you to play guilty. Pleas accept it.
• 2:43:44
  Just expired. License is dismissed anything
• 2:43:46
  you'd like to say, yeah. That's my clientele business.
• 2:43:50
  He does detailing mobile detailing for realities and
• 2:43:54
  bulks. He has a bunch of work on the
• 2:43:59
  weather, like he can't do it until that he would just ask for
• 2:44:02
  30 days from anything. You'd like to say 25 find 20
• 2:44:09
  costs 75 the streets, 50 dollar justice system, he has
• 2:44:13
  availability registration now, right.
• 2:44:14
  We gotta Buy You renewed, your licensing right?
• 2:44:19
  You are and I was just with Mr. Kayla he's got, he's won.
• 2:44:23
  He gets money. He's getting all that stuff too.
• 2:44:28
  You're honor, he does really, really well in the summer
• 2:44:30
  unfortunately and maybe even with them.
• 2:44:32
  He's really not good enough. As you get here today, you
• 2:44:34
  didn't drive, right? You are his friends with a
• 2:44:37
  parking lot. I know the gentleman, the girl,
• 2:44:38
  and that's why he missed last week, March 17th pay by If you
• 2:44:43
  don't have the money by March 17th, you call the court will go
• 2:44:46
  on. Zoom, I'll give you an
• 2:44:47
  extension. You gotta save your money or do
• 2:44:50
  something you can drive around without availability.
• 2:44:52
  So okay, best of luck, his thank you.
• 2:45:02
  Okay. People against Ashley.
• 2:45:04
  Michelle Higgins. This is 2682699 a b and c.
• 2:45:18
  Your name to defend did the victims dog.
• 2:45:22
  She said that treatment. Oh my gosh.
• 2:45:26
  She said the Angry Birds. All right, so the prosecutor
• 2:45:30
  wrote this up. So Heather.
• 2:45:32
  We're going to take out everything I just ordered
• 2:45:35
  because there's not a misdemeanor charge here anymore.
• 2:45:38
  the prosecutor is dismissing the, the Vicious act chart.
• 2:45:45
  So there's no misdemeanor. She's pleading to the two
• 2:45:48
  syllable infractions. In the prosecutor says,
• 2:45:51
  Prosecutor moves to dismiss, as defendant has taken Collective
• 2:45:55
  action to ensure that it's not happening again and complain.
• 2:45:57
  It does not wish to proceed with charges, which is what you told
• 2:46:00
  me. So all I'm going to do was so
• 2:46:03
  Heather. I annunciate it all those fine
• 2:46:06
  conditions. I just want to make sure that
• 2:46:07
  they're not reflected anywhere and then I'm going to take these
• 2:46:11
  please and find you on the other two.
• 2:46:14
  Okay. So you want to understand
• 2:46:15
  everything? Yeah.
• 2:46:17
  All right. To the charge, dog, at large.
• 2:46:20
  You gotta take the phone out of here, please.
• 2:46:27
  Go. Somebody's did somebody fall?
• 2:46:33
  To the charge, a dog at large response.
• 2:46:36
  Hang on, man, man. Man, man, man, man.
• 2:46:40
  Can you just keep your voice down a little bit for me,
• 2:46:42
  please. Dog at large responsible or not
• 2:46:46
  responsible. No lights.
• 2:46:50
  You get to keep your voice down. No license.
• 2:46:52
  How do you plead to that responsible or not responsible?
• 2:47:01
  CD, can you bring her tickets for me?
• 2:47:05
  Could you? Okay, I'm accepting those
• 2:47:15
  please. I'm dismissing.
• 2:47:16
  The dog at Large. I don't remember what our
• 2:47:23
  Boston. Can you tell me?
• 2:47:27
  1:35 apiece, judge? All right, that's good.
• 2:47:31
  Thank you. Find some cars of 135 on each.
• 2:47:34
  Can you pay all that today? Yeah, good luck to you.
• 2:47:38
  Wish you. Well, have a great day.
• 2:47:40
  Not 70 135 each? Yes.
• 2:47:44
  Come on. I just want that up.
• 2:47:52
  I don't need it anymore, I'm sorry.
• 2:48:08
  Look like you're taking a leisurely stroll, coughing
• 2:48:13
  business, coffee and hand and no pressure here, people against
• 2:48:20
  Brian, Keith Walker. Two.
• 2:48:22
  Six are five. One, four, four, eight, four.
• 2:48:27
  Good morning. Just the appetite of the a to
• 2:48:30
  3780 Mr. Brian Walker station, right?
• 2:48:34
  Keep walking. All right, so um, We move this
• 2:48:42
  sentence in. fact, it plugged guilty previously to Operating
• 2:48:51
  while impaired, the drunk driving or operating on
• 2:48:54
  toxicated was dismissed, he was referred for a screening and
• 2:48:58
  assessment. If he had the opportunity to
• 2:49:00
  review the report with him and are there any other material
• 2:49:02
  with additions Corrections or deletions?
• 2:49:04
  We have the There are no Envision Solutions are correct,
• 2:49:08
  okay? Anything that you would like to
• 2:49:10
  say, I'm interested in the he has been employed at brain
• 2:49:15
  Hospital over the years. His children are 14, years old,
• 2:49:18
  three years old, and eight months old.
• 2:49:21
  He's a cryogenic for the situation.
• 2:49:24
  He's looking forward to, I know the drug impact.
• 2:49:27
  Pound was something that's ordered off heard from a lot of
• 2:49:30
  clients that they really enjoyed that.
• 2:49:32
  It talked about. So other than that, I would ask
• 2:49:36
  that you follow probation and recommendation.
• 2:49:39
  Anything you would like to say? He's got a lot of Warrant shows.
• 2:49:46
  We discuss those two chess. What are you doing that?
• 2:49:53
  just didn't know about like, Yeah, so I'm gonna take care of
• 2:49:59
  him. That's some of this possible
• 2:50:00
  with some of that here. You didn't know about?
• 2:50:05
  Yeah, I had a be careful. Just be careful.
• 2:50:11
  Don't don't, I don't, I don't want to hear stories.
• 2:50:14
  Okay. Oh, don't tell me, you didn't
• 2:50:16
  know about I mean the court never notified.
• 2:50:19
  You didn't have tickets handed to you.
• 2:50:21
  You thought they threw him in the garbage.
• 2:50:23
  What? No, I'm pretty sure.
• 2:50:26
  It's because And I'm not going to change this.
• 2:50:37
  You got a high breathalyzer and you scored high on the Oakley of
• 2:50:40
  all used portion, show your lawyer VA verification.
• 2:50:44
  So what VA verification I ordered you to go to AA.
• 2:51:12
  so, I just want you to know what concerns in their they didn't
• 2:51:19
  give me a place where you Have this blind here?
• 2:51:26
  Yeah, he's he didn't go So I would have scheduled then I told
• 2:51:31
  you to go to AA. You were you weren't listening
• 2:51:34
  know, I would well, what where did you go to a Look at my
• 2:51:41
  thing. It's saying and they're getting
• 2:51:52
  you thought I was. To follow the orders, of course.
• 2:52:21
  You scored and Category 5 on both the alcohol and drug use
• 2:52:24
  portion. That tells me you got a real
• 2:52:26
  problem. So, okay.
• 2:52:29
  But you're going to deal with it or this is not going to work
• 2:52:31
  nicely for you. Yeah.
• 2:52:35
  So I want to make sure that we understand one another going
• 2:52:38
  forward. I'm gonna let this go but you're
• 2:52:40
  going to, you're going to You're going to comply with orders or
• 2:52:43
  we're not going to get along. I want I want, I want to Why
• 2:52:49
  would I have Adam give you the AA sheet if you want to talk
• 2:52:51
  about this? At that time, if you weren't
• 2:52:54
  supposed to start going to AA until sense, because The guy
• 2:52:59
  that I met with her. Who's the guy?
• 2:53:03
  I don't know the lawyer. Yeah, yeah, yeah.
• 2:53:05
  One of the Lord in the office. He was explaining to me that
• 2:53:10
  they had to give me the location of where I'm going to be
• 2:53:13
  leaving. And and he was like when, when
• 2:53:18
  he talks to the probation, what lawyer?
• 2:53:22
  I don't want to know, I don't let listen.
• 2:53:28
  You scoring Category, 5, I cannot emphasize that enough. 13
• 2:53:37
  months probation. You cannot leave the state
• 2:53:40
  without the consent of the Court.
• 2:53:41
  You cannot violate any law or against the government.
• 2:53:46
  If you change your address, please should plan her home.
• 2:53:48
  Telephone number. You must notify probation.
• 2:53:51
  You have to report. His directed, no alcohol, no
• 2:53:54
  marijuana, no illegal drugs. You're not to purchase possess
• 2:53:58
  or consume any one of those Kratom fuck.
• 2:53:59
  You see the oils are prohibited. Consuming food or other items
• 2:54:03
  containing, those substances will be deemed to violation.
• 2:54:06
  You're submit to Chemical Testing pdts and atgs.
• 2:54:09
  I'm going to make it by weekly for four months, if you're
• 2:54:11
  cleaning or reverted to monthly. Attend.
• 2:54:15
  AAA at least twice a week in person yet. he's just, You have
• 2:54:23
  to go in person. You have to have your AA
• 2:54:27
  verification. I'm seeing every time you come
• 2:54:30
  to court, you have to bring that form with you whether it's in
• 2:54:33
  front of me or to the probation department for your report you
• 2:54:37
  understand that you're going to be going ah boys a week.
• 2:54:41
  I'm ordering intensive Outpatient Treatment with
• 2:54:44
  Aftercare. You need to go to that.
• 2:54:47
  Once you start intensive Outpatient Treatment, that's
• 2:54:50
  going to keep your hands. It's going to keep your busy.
• 2:54:52
  You don't have to go to a you're ready and more.
• 2:54:55
  Unless it's recommended is Aftercare.
• 2:54:58
  Do you understand? Yes, you're also to attend the
• 2:55:01
  Victims Impact Panel which is one night put on by Mothers
• 2:55:05
  Against Trump Drive. 40 is jail Credit One, serve three, I'll
• 2:55:11
  let you serve those on the court or program.
• 2:55:14
  But you're going to have to get here and don't be late.
• 2:55:17
  Do you understand what I'm telling you?
• 2:55:19
  There's three days core work. There's a 35 dollar a day charge
• 2:55:22
  for that for a total of 105. Pay fine. $300 cost 200 seventy
• 2:55:29
  five dollar victims rights. Be 50 dollar, Justice
• 2:55:31
  assessment, so fines and costs. Are six and a quarter.
• 2:55:35
  You have to pay 260 in probation fees, bringing your total to
• 2:55:38
  885, you have cost of recovery of 150, bringing your total to
• 2:55:42
  1,000 35, Plus your court work program piece.
• 2:55:46
  Everything included is mounts to 1000 40 dollars.
• 2:55:49
  You if you violate your probation Could be revoked could
• 2:55:54
  be incarcerated for up to 93 days.
• 2:55:56
  You may be eligible for early discharge, you get all this done
• 2:55:59
  in six and a half months with no violations.
• 2:56:01
  I'll be happy to. Discharge early.
• 2:56:05
  You'll have to probation, will explain that to you as well here
• 2:56:09
  to clear, all of your warrants, only giving you until March 7th.
• 2:56:13
  She you're gonna clear all your warrants by March the 17th.
• 2:56:17
  You want to understand. Why why?
• 2:56:30
  To help me. I'll try but try to keep up.
• 2:56:34
  That's been You make 600 a week, how much do you think and you
• 2:56:40
  get a bridge card up? 391, right?
• 2:56:42
  Well, I'm 600 a week. How many hours do you work?
• 2:56:46
  All the way eight hours. I mean 40 gal 40 hours, they pay
• 2:56:50
  you. Fifteen dollars an hour.
• 2:56:51
  Is it before tax 600 or after tax?
• 2:56:56
  So you make what about 18 or 20? I'll give you until April 17th.
• 2:57:02
  That's it. What you're what you're total
• 2:57:07
  was again I believe I'm off on what I what you got.
• 2:57:11
  Sure. Let me let me repeat it.
• 2:57:14
  You clear all your warrants. That doesn't mean that if you
• 2:57:17
  get started you're not gonna get picked up and take it into
• 2:57:20
  custody know, I just want to get what I'm saying.
• 2:57:22
  So don't read this as me saying it's okay not to take care of
• 2:57:26
  it. If I were you, I'd be running to
• 2:57:28
  the courthouse and explaining to the judge.
• 2:57:30
  But that's me. All right, let me just double
• 2:57:33
  check it. Six in the quarter 685. 885 945
• 2:57:37
  a thousand ninety five. Yeah, you're right.
• 2:57:41
  Should be yeah. Am I right that?
• 2:57:53
  It should be 12:20. I think I might be missing
• 2:57:59
  something, then I have 60 dollar screening fee.
• 2:58:04
  I am 75 and 50 on the victims rights and Justice assessment,
• 2:58:08
  300 finds 200 costs, 260 probation fees.
• 2:58:12
  Cost of recovery of 150. In court, work program fees of
• 2:58:17
  105. I missed the cost recover, I
• 2:58:20
  have 1200 with a cost recovery of 150.
• 2:58:27
  That was the only thing I was missing.
• 2:58:29
  You know, second I'm sorry. No you're okay.
• 2:58:32
  I just like to make sure we match City fight 884.
• 2:58:37
  Nice voice. In 94?
• 2:58:42
  Yeah, it should be 1200. Is that what you got?
• 2:58:44
  Yeah, that's what I have. We're good now.
• 2:58:46
  Okay. Can you pay all this today?
• 2:58:49
  He got his work harder, did you? You got an associate's degree.
• 2:58:55
  I don't know why you're only working for 18 bucks an hour.
• 2:58:59
  He graduated high school, you got an associate's degree,
• 2:59:01
  right? Yeah.
• 2:59:03
  But if it was more Studio audio engineering, how much can you
• 2:59:07
  pay per week or per by week, whatever you want?
• 2:59:11
  I'll set you up on payment plan. Does he have anything today?
• 2:59:13
  No, yeah. but you got enough to how much can you pay weekly, or
• 2:59:22
  Bi weekly? I agree.
• 2:59:31
  I don't need to. Do 100 dollars by weekly and I
• 2:59:38
  will start this beginning on March the 6th if you ever don't
• 2:59:41
  have the money. Call the court.
• 2:59:45
  Will go on, Zoom. I'll be glad to give you an
• 2:59:49
  extension. Don't ignore me though. you're
• 2:59:53
  listening to, I'm telling, Me. Show some respect for the
• 2:59:58
  system. I feel to believe that I didn't
• 3:00:01
  thoroughly clearly. Enunciate that you were to go to
• 3:00:06
  AA. The good luck, you'll meet with
• 3:00:09
  probation. Have a good day.
• 3:00:10
  Are we ready on the Intel? I don't know about you guys but
• 3:00:14
  I watched a little bit of Family Guy here and there I've been
• 3:00:17
  known to enjoy that show in any time, I hear AA over and over
• 3:00:21
  all I can think of is road to the North Pole.
• 3:00:23
  When they have the car accident up in Canada and this Canadian
• 3:00:27
  stops and they started doing this bit about AA, he goes oh
• 3:00:31
  you need a a Boy you go there, if you're drunk.
• 3:00:35
  Eh. No.
• 3:00:36
  I need AAA, I need help with my car.
• 3:00:38
  Oh, you need AAA. I don't know.
• 3:00:41
  It's always sticks in my head. Anyways, let's um, Go back to
• 3:00:48
  Texas. Some more judge Boyd. oh,
• 3:00:58
  Probation, there's an application.
• 3:01:01
  Port is calling 2025 cr0 06045. State versus Lily Herrera.
• 3:01:07
  Can I have parties announced? Lindsay from Mr. And are you
• 3:01:11
  Miss Herrera? Council.
• 3:01:13
  Have you received all the discovery that you reviewed with
• 3:01:15
  your client? Yes.
• 3:01:16
  And compliance with discovery that you review the application
• 3:01:21
  for the Department of Education, with your attorney that you
• 3:01:23
  understand it and sign it. Right, did you review the true
• 3:01:27
  bill of indictment with your attorney did?
• 3:01:29
  You understand it? Council.
• 3:01:31
  Do you weigh the reading of the indictment?
• 3:01:32
  Yes state are you proceeding on the indictment as presented?
• 3:01:36
  All right, Miss Herrera. Did you review the court at
• 3:01:38
  punishments with your attorney? Did you understand it and
• 3:01:41
  decided in all the appropriate places?
• 3:01:43
  You're charged possession of control substance penalty group
• 3:01:46
  2, 1 to 4 grams. That's the third degree.
• 3:01:48
  Felony range of punishment is anywhere from two to 10 years in
• 3:01:51
  the prison, and up to 10,000 dollar.
• 3:01:54
  Fine, if you have a plead with the state, the court does not
• 3:01:56
  have to follow your plea. If for any reason, the court
• 3:01:59
  does not follow your plea and gives you more than you bargain
• 3:02:02
  for the fact that you enter the people will not be used against
• 3:02:05
  you and you will be allowed with your plea if you understand.
• 3:02:08
  You have a right to jury trial a right for you or your attorney
• 3:02:11
  cross-examining, confront, any Witnesses, the state recall in
• 3:02:14
  the right churning silent by entering this.
• 3:02:16
  Plea, you're giving up those rights, did you intend to give
• 3:02:19
  up those rights and enter into plan this case?
• 3:02:24
  I'm sorry, did you intend to give up the right to jury trial,
• 3:02:27
  the right to cross-examine Witnesses and the right terms
• 3:02:30
  silent. All right.
• 3:02:32
  Did you understand if the court were to Grant your application
• 3:02:35
  for deferred adjudication, if for any reason, your deferred
• 3:02:39
  adjudication will revoked, the court can find you guilty and
• 3:02:42
  sentence you up to 10 years in the prison and up to 10,000
• 3:02:46
  dollar. Fine, did you understand?
• 3:02:47
  Yes, counselors, your client can provide you with any defenses.
• 3:02:50
  Do you believe? She has a rational, as well as a
• 3:02:53
  factual, understanding of the charges against her?
• 3:02:55
  Yes. Do you believe she's currently
• 3:02:56
  confident was legally saying at the time of the offense, Ms?
• 3:03:00
  Herrera, has anyone threatened you or place you in fear to get
• 3:03:03
  you into the police? Anyone probably seen anything
• 3:03:06
  other than the police. Are you satisfied with the way
• 3:03:09
  you've been represented? If you're not a US citizen by
• 3:03:13
  entering this plea, you will be deported to guide naturalization
• 3:03:16
  and reintroduce, you understand? Port will find that definitive
• 3:03:19
  has no only involuntarily waived her, right to jury.
• 3:03:22
  Trial, it's your view. The plea bargain page with your
• 3:03:24
  attorney that, you understand it?
• 3:03:25
  Yes. All right.
• 3:03:27
  According to the pleat, there's a 1000 Dollar find in the state
• 3:03:30
  recommends to produce education. Did you understand that to be
• 3:03:33
  your Fleet defense? Yes, it's your review.
• 3:03:36
  The wave of appeal, paragraph with your attorney that you
• 3:03:39
  understand it, and sign it in both places.
• 3:03:40
  By signing that you're waiving your right to appeal.
• 3:03:43
  The only items that can be appealed are written pre-trial
• 3:03:46
  Motion Set up and filed, heard and rules upon by the court.
• 3:03:48
  That you understand how the venue such motion outside the
• 3:03:53
  agreements. The state is recommending that
• 3:03:56
  you deferred to education. Before term 3 years there be a
• 3:03:59
  tap evaluation, 120 hours community service, restitution
• 3:04:03
  the MRT and the doep course, you understand, those are
• 3:04:07
  recommendations from the state in the court, does not have
• 3:04:09
  followed those recommendations. Then to the offensive charge.
• 3:04:13
  How do you play guilty? Not guilty or no contest.
• 3:04:16
  State, any evidence. Excuse your view, the waiver and
• 3:04:23
  stipulations with your attorney. Did you understand it and
• 3:04:25
  signing in all the appropriate places?
• 3:04:27
  Again, each understand you have a right to jury trial right for
• 3:04:31
  you or your attorney cross-examining, confront, any
• 3:04:33
  Witnesses, the state would call in the right touring silent.
• 3:04:37
  Did you understand that today? The state will be presenting
• 3:04:39
  evidence in the form of witnesses, statements, and
• 3:04:42
  police reports. But most importantly, there'll
• 3:04:44
  be no live testimony. Did you understand Port will
• 3:04:48
  find that defendant has normally and voluntarily waving and
• 3:04:50
  Senate stipulation of testimony, and stipulations Court will
• 3:04:53
  accept into evidence States. Exhibits one, and attachments in
• 3:04:56
  the court will review the same All right, after viewing States
• 3:05:31
  and Civics wanted to test with support, will find their
• 3:05:34
  sufficient evidence to find you guilty quote with deferred
• 3:05:36
  finding a guilt as you apply for a deferred as education.
• 3:05:39
  Are you proceeding with students?
• 3:05:40
  Yes, right. Anything you would have your
• 3:05:42
  client only judge that she does live in Corpus Christi.
• 3:05:45
  So we asked that her provision we transferred continuous.
• 3:05:48
  Okay. All right.
• 3:06:00
  Do you have any children? Yes.
• 3:06:02
  What are their ages 181411 do? They live with you or someone
• 3:06:07
  else where they're living with down.
• 3:06:09
  I love it. All right.
• 3:06:11
  Is there a Child Protective Services case involved for this?
• 3:06:15
  And does your mom live with you? Yes.
• 3:06:21
  He does have support here with her her boyfriend and her
• 3:06:24
  grandmother here in. So, how long were you in Fair
• 3:06:33
  County before this incident? Just two weeks.
• 3:06:38
  And who's the Leslie person who was in the vehicle?
• 3:06:42
  There was no, I mean who is she to you?
• 3:06:47
  Nobody's okay. And was that her vehicle you
• 3:06:57
  were driving. That's right.
• 3:07:17
  and what were you doing at the Detention Facility, our
• 3:07:20
  secondary consider So is Dominguez, State Jail?
• 3:07:30
  Yes, whenever you go into prison property, they will search the
• 3:07:33
  vehicle. Okay. and so, And I always ask
• 3:07:42
  questions because I'm trying to figure out what conditions are
• 3:07:44
  appropriate for people. So when you were driving her to
• 3:07:48
  Dominguez, your children wearing Corpus, they were here, no,
• 3:07:51
  they're important. Kind of okay.
• 3:07:56
  How far did you go in school? 11.
• 3:07:58
  All right, so what do you do for employment?
• 3:08:03
  I was a provider. All right, so in this court, You
• 3:08:08
  know, I don't a lot of people to be home health care providers.
• 3:08:12
  It's been there for two years, okay?
• 3:08:15
  So other than being a home health care provider, do you
• 3:08:19
  have any dreams goals hopes ambitions?
• 3:08:22
  I'm gonna look for a new job that was definitely.
• 3:08:25
  But I mean what's your dreams are Talking about my credits, I
• 3:08:30
  could like invest in like, holy spirits second.
• 3:08:36
  All right, this is what the court is going to.
• 3:08:37
  Do the court will transfer to Nueces County.
• 3:08:42
  There should be no unsupervised contact with minors.
• 3:08:46
  Three years to judication. No contact is lessley.
• 3:08:51
  Seguro s i l g, u e r o there's to be 120 hours.
• 3:08:59
  Are you have me of a Sean? Transfer.
• 3:09:09
  So, still Guero. S.
• 3:09:13
  I l g u e r o Three years to 422. 120 hours of community
• 3:09:23
  service hours. I'm going to require parenting
• 3:09:27
  classes once the parenting classes are complete.
• 3:09:31
  The 20 hours will be deemed satisfied.
• 3:09:36
  You can obtain your GED. Or some sort of trade, school
• 3:09:40
  certification. If you do that, then the
• 3:09:43
  remaining of the 100-hour shall be deemed satisfied.
• 3:09:47
  There should be regular reporting by Zoom or in person.
• 3:09:52
  Regular random uas. The MRT course.
• 3:09:59
  D. O e p.
• 3:10:03
  And probation. I don't know if they do feel
• 3:10:06
  visits there, but if they do feel visits, feel visits one
• 3:10:09
  time per month, For six months. Probation.
• 3:10:16
  Is there anything else? Is there anything else you need
• 3:10:19
  from the court to be successful? You know?
• 3:10:21
  All right. Did you review trial court
• 3:10:27
  certification of defendants rights to peel with your
• 3:10:29
  attorney that you understand it and sign it?
• 3:10:31
  All right? Because this is a plea.
• 3:10:34
  Because this is a plea, bargain agreement, because I followed
• 3:10:37
  your plea, bargain agreement. And because you weigh your right
• 3:10:39
  to peel. You do not have the Court's
• 3:10:41
  permission to appeal. Do you understand?
• 3:10:42
  All right, we got the record. Here's the thing.
• 3:10:45
  You have children who are depending on you.
• 3:10:47
  The range of punishment for this often.
• 3:10:50
  If a motion to revoke, is file, is anywhere from 2 to 10 years
• 3:10:53
  in prison, from here, on out everything you do.
• 3:10:56
  If you're not doing it for yourself, do it for your
• 3:10:58
  children, be on the straight and narrow.
• 3:11:00
  If there's an issue, let your probation officer know about it.
• 3:11:03
  If you feel they're not addressing it, You can always
• 3:11:07
  come back here to me. Okay.
• 3:11:08
  All right. Good luck to you.
• 3:11:09
  Welcome, who's next? Month reality.
• 3:11:14
  Okay. All right, who's on Monroe?
• 3:11:59
  Who's the prosecutor? My.
• 3:12:08
  Water. in the middle of All right, Cordes calling 2025 cr0,
• 3:12:23
  06058 B, State versus Roberto monreal.
• 3:12:27
  Can I have parties announced chasing authorized monorail.
• 3:12:32
  All right, so there's a motion to men Bond kissing conditions
• 3:12:37
  to allow for travel and then there's another motion.
• 3:12:42
  Asking that contact be allowed with a specific individual.
• 3:12:47
  Well, they believe that that Is connected to this.
• 3:12:51
  I don't think that that order is.
• 3:12:54
  Proper order. I think we're only there is an
• 3:12:57
  additional motion that we have but it's kind of a strange when
• 3:13:00
  pretrial has Are we hearing that today?
• 3:13:06
  I think that's two different. Okay.
• 3:13:08
  So are we well you can't compare it apart because they filed it
• 3:13:11
  some sort of way. Okay, well this is a different
• 3:13:14
  defendant so it's not it's not know but I mean they have to
• 3:13:17
  unstable it because I'm sorry it's their following it legally.
• 3:13:21
  However, their father. Yes and that would be a
• 3:13:24
  different. So we were here on Roberto
• 3:13:25
  Monroe. All right.
• 3:13:31
  Through that. All right, so motion to travel
• 3:13:36
  state. Are you opposed here is due to
• 3:13:43
  charge and We do need you to the father being in Arizona, that
• 3:13:53
  does present a flight license. My clients, 18 years old the
• 3:14:01
  prosecutor referenced, the charge.
• 3:14:02
  There is a it is a murder charge.
• 3:14:05
  This is a situation from your restaurant affidavit.
• 3:14:08
  Where the fort could see that there is a I don't have their
• 3:14:12
  arrest warrant out of David and I understand I believe it's in
• 3:14:14
  the courts file. Usually it's, it's filed as part
• 3:14:18
  of paperless, so I don't have that, I understand, that's okay.
• 3:14:21
  If I could, since you reference the charge itself and I think
• 3:14:24
  prosecutor, at least agree on the facts.
• 3:14:26
  That there was a person who died to that person was in the same
• 3:14:28
  car as my client. So it was, this was not a person
• 3:14:32
  who he was basically participating in, whatever my
• 3:14:35
  client was participating. In my client was not a shooter.
• 3:14:38
  My client did not have a gun, my client was not involved in that.
• 3:14:42
  Now, the only reason I say that for the court is, is that if
• 3:14:45
  considering the charge that I think those facts are also
• 3:14:48
  important. But additionally, his father
• 3:14:50
  listening, he's 18 years old. He would like to go visit his
• 3:14:53
  father, the court has already bringing him travel previously
• 3:14:55
  in the past where he did travel and he came back and that was
• 3:14:58
  doing Christmas holidays, right? Yes, sir.
• 3:15:00
  Okay. He has so he shown the court
• 3:15:02
  that he is that he is not a Flight Risk.
• 3:15:04
  He's 18 like I said, he's 18, there's not really He doesn't
• 3:15:08
  really have anywhere to go, but he would like to see his father.
• 3:15:10
  He hasn't been able to see his father since he's been arrested.
• 3:15:13
  And so that's why we're asking for that brief period to go to
• 3:15:17
  Arizona and to come back and for that travel to be granted.
• 3:15:21
  And I will Edition is a shelling murders, there's an underlying
• 3:15:29
  going up, large occurring, Pakistan murderers.
• 3:15:32
  And I will stipulate that this defendant was not charged as the
• 3:15:36
  principal and it's important with pride and produce a copy of
• 3:15:41
  their address for it and we have no objection of that.
• 3:15:44
  Let me see that. Right.
• 3:15:56
  Mr. Munro lives in the household with your father.
• 3:16:01
  My father. Are.
• 3:16:35
  Off the record for briefly, but Sean.
• 3:16:38
  So, on one test. Yes, they say.
• 3:16:43
  They're just I'm gonna they said they just wait in on the
• 3:16:45
  referral. I'm gonna send this to you.
• 3:16:50
  Yes, I'll sign it. And we're back on the record.
• 3:17:14
  We can go to the courthouse. I have a puppy digital.
• 3:17:21
  But whatever the court is looking at his time with me.
• 3:18:30
  Yeah, knows that right. Support will accept B1 for
• 3:18:39
  purposes of this hearing. All right, Clark has reviewed.
• 3:21:06
  B1, for purposes of the Syrian, I'll hear final argument.
• 3:21:11
  Kids. are as the court has reviewed the person who was
• 3:21:18
  Deceased was the person that they're alleging was committing,
• 3:21:22
  the robbery shot by the alleged victim of the robbery.
• 3:21:25
  As Fort can see my client did not have a firearm to not period
• 3:21:30
  firearm, and we will, we are going to be litigating this
• 3:21:33
  case, but I just wanted the court to understand this because
• 3:21:36
  I know the court knows, but just to see the facts of this case,
• 3:21:38
  there's a difference between somebody actively committing
• 3:21:40
  Violence by taking a gun shooting, a gun shooting a gun
• 3:21:43
  at a person, my client didn't do any of those things.
• 3:21:46
  And I'm really what we're asking at this point is just to on this
• 3:21:51
  motion is to have him be able to visit his father, as I said, he
• 3:21:55
  is. He is 18 years old, was 18 years
• 3:21:58
  old at the time of the mission of this offense.
• 3:21:59
  So he is, he is a, a teenager. And we do think that it's
• 3:22:06
  important for to see his father. We think that by the court,
• 3:22:08
  giving him the opportunity, the court is giving him before and
• 3:22:11
  him being able to take that opportunity and to do what he
• 3:22:15
  was supposed to do, and what the court asked him to do and, and
• 3:22:17
  followed the rules of pretrial. And the bond conditions, this
• 3:22:20
  Court is set upon him. We believe that he's shown the
• 3:22:23
  court that he could be trusted to go and visit with his father
• 3:22:25
  and return. And we have no, we don't think
• 3:22:28
  that there's any information or evidence the state has provided
• 3:22:31
  that that would not be today. Okay, this is what the court is
• 3:22:37
  going to do. Previously, the court of law of
• 3:22:39
  the defendant to travel. December 22nd through the 27th,
• 3:22:44
  and that was to Denver with family. and, Are there any
• 3:22:51
  allegations that? He violated any pretrial
• 3:22:55
  conditions, while traveling there?
• 3:23:06
  All right, this with a quarter is going to do.
• 3:23:08
  The court will allow you to visit your father.
• 3:23:11
  I give you the same trouble that I've given before, but it's for
• 3:23:14
  five days. That was the Christmas travel
• 3:23:17
  and this will be for five days. So it's Five days from March.
• 3:23:23
  7th, are you leaving March 7th or a different date?
• 3:23:28
  all right, so you'll need to provide that information to
• 3:23:32
  pretrial services. So then your travel date, that's
• 3:23:36
  on this motion. It says March 7th through March
• 3:23:38
  15th. That's not the appropriate
• 3:23:41
  travel date. I believe that it is the
• 3:23:44
  appropriate travel date, but as the court has limited update, I
• 3:23:47
  don't know, I don't know necessarily how that would limit
• 3:23:51
  as far as the where the five days are going to be at the end
• 3:23:53
  or the five days are going to be at the starting from the seventh
• 3:23:56
  or coming back from the 15th. And so it might be the 10th
• 3:24:00
  through the early 11th through the 15th.
• 3:24:01
  All right, this is what the court is going to do.
• 3:24:03
  The quarter is going to Grant the motion, you're allowed to
• 3:24:06
  travel to Phoenix Arizona. In the month of March. 2026 for
• 3:24:17
  five days. There should be UA upon return.
• 3:24:28
  And you're to reside at the address that's given in the
• 3:24:31
  motion. Is there anything else?
• 3:25:00
  He not for the defense on this motion, there is an issue I'd
• 3:25:03
  like to address with the word. The it's I've talked to the
• 3:25:08
  district clerk and they have not been able to there's a letter,
• 3:25:10
  his pretrial officer, his court. I think the court wanted to
• 3:25:13
  hearing based upon that letter. It had I know and I could and
• 3:25:17
  they couldn't find it either. I don't know if probation might
• 3:25:20
  have access to it, but the basic issue is, is my client would
• 3:25:25
  like to apply to a trade school and he asked his pretrial
• 3:25:30
  officer for permission to do that.
• 3:25:31
  She did not Grant it, she wrote a letter with court, the school
• 3:25:34
  would start in September. All right, if somebody want to
• 3:25:36
  contract who's the pretrial Service Officer, Yes, and I'm
• 3:25:44
  Steve, she can zoom in. I feel let the coordinator know
• 3:25:48
  who it is and then we'll have her in.
• 3:25:50
  Thanks. Yes.
• 3:25:55
  I just have a seat. She'll zoom in and we'll take up
• 3:25:57
  the matter. Yes, stay.
• 3:25:58
  Do you have any objection to take him up that matter now?
• 3:26:00
  Okay. So, sometimes here at the
• 3:26:12
  bunker, I get busy tracking down other things and I'm not
• 3:26:16
  completely listening. but, Somebody feel me and I'm trying
• 3:26:22
  to read in the chat and it's a little bit, I think unclear with
• 3:26:25
  you guys, too. So, there was a robbery.
• 3:26:31
  That the deceased person was committing, there was a car
• 3:26:35
  accident. The deceased person was unalived
• 3:26:39
  in the car accident and now this kid's like got a murder charge.
• 3:26:45
  Is that what's going on? If you can try to clear it up
• 3:26:48
  for me now, watch it back later. This is probably gonna end up
• 3:26:51
  being a standalone video. I don't know.
• 3:26:52
  But I'm a little confused to be honest with, you know, car
• 3:26:58
  accident, okay? I thought there was something
• 3:26:59
  about a car accident in there, too.
• 3:27:01
  I guess I'm just gonna have to watch it back but anyways, um,
• 3:27:06
  So we got a new contestant coming up so let's just continue
• 3:27:08
  with judge Boyd. Good morning.
• 3:27:10
  How's it going? It's going
• 3:27:24
  see. You.
• 3:27:33
  All right, so we're on the ptd. It was accepted.
• 3:27:36
  He signed prosecutor signed, I've signed and we're just going
• 3:27:39
  to turn it in. All right, Miss Ferguson, I need
• 3:27:40
  a ptd date. 19th.
• 3:27:54
  All right, just make sure you follow through on everything.
• 3:27:57
  Okay, good luck. Once you sign the reset form
• 3:27:59
  your excuse Next, I guess it's Angela Boyd.
• 3:28:04
  It's a Angela Bowl. So is there an application?
• 3:28:19
  There's not your owner, okay? Probation, there's no
• 3:28:22
  application. Court is calling 2025 c r 014580
• 3:28:36
  State versus Angela ball, can I have parties announced?
• 3:28:40
  Daniel de la Garza for the defendant and are you Miss Paul
• 3:28:44
  Council? Have you received all discovery?
• 3:28:46
  Did you review it with your client?
• 3:28:49
  Yes, John I'm sorry. That's okay.
• 3:28:50
  Court will find that the state is in compliance with Discovery.
• 3:28:53
  Miss bald. Did you review the true bill of
• 3:28:56
  indictment with your attorney that you understand it council?
• 3:28:58
  Do weigh the reading of the indictment.
• 3:29:00
  Yes, Runner state are you proceeding on the indictment as
• 3:29:02
  presented? Ms. Bold did you review the
• 3:29:05
  court at Monash with your attorney?
• 3:29:06
  Did you understand it and sign it in all the appropriate
• 3:29:09
  places? You charged with possessed.
• 3:29:14
  Just one second. Oh, you're charged with
• 3:29:18
  manufacturing, delivering of a control, substance community,
• 3:29:21
  group 2 or 2, a wonderful grams. That's a second degree.
• 3:29:26
  Felony range up punishment is anywhere from 2 to 20 years in
• 3:29:29
  the prison and up to 10,000 dollar fine.
• 3:29:31
  If you have with the state, the court does not have to follow
• 3:29:34
  your plea. If for any reason, the court
• 3:29:36
  does not follow your plea and gives you more than you
• 3:29:38
  bargained for the fact that you entered, a plea will not be used
• 3:29:41
  against you and you will be allowed to withdraw your plea.
• 3:29:44
  Do you understand? You have a right to jury trial a
• 3:29:48
  right for you or your attorney to cross, examining, confront
• 3:29:51
  any Witnesses. The state will call in the right
• 3:29:54
  to remain silent by entering this.
• 3:29:56
  Plea, you're giving up those rights to intend to give up
• 3:29:58
  those rights and enter into play.
• 3:30:00
  In this case, Council has your client been able to provide you
• 3:30:03
  with any defenses. Know you are.
• 3:30:05
  Do you believe? She has a rational, as well as a
• 3:30:08
  factual, understanding of the charges against her.
• 3:30:09
  Yes, you are deeply. She's currently competent and
• 3:30:12
  was legally sane at the time of the offense.
• 3:30:13
  Yes, honor. Miss Paul.
• 3:30:15
  Has anyone threatened you chorus to your place?
• 3:30:17
  You in favor to get you to enter the plea.
• 3:30:19
  Anyone promise you anything, other than the plea?
• 3:30:22
  Are you satisfied with the way you've been represented?
• 3:30:24
  If you're not a US citizen by entering this plea, you will be
• 3:30:27
  deported tonight naturalization and reintroduce.
• 3:30:30
  You understand? Court, will find that defendant
• 3:30:33
  has no only voluntarily waive her, right to jury trial, get
• 3:30:36
  your review, the plea bargain page with your attorney that you
• 3:30:38
  understand it. According to the plea punishment
• 3:30:41
  is be assessed. That two years in the prison,
• 3:30:43
  and there's a 1,000 finding no applications.
• 3:30:46
  Did you understand that to be the police defense?
• 3:30:48
  Yes state. Did you review the way of appeal
• 3:30:51
  paragraph with your attorney. Did you understand it?
• 3:30:53
  And sign it in both places by signing that you're waiving your
• 3:30:57
  right to appeal. The only items that can be
• 3:30:59
  appealed are in pre-trial motions that have been filed
• 3:31:02
  heard, and ruled upon by the court.
• 3:31:03
  She understands of the many such motion.
• 3:31:06
  So you are into the offenses charged, how do you play guilty?
• 3:31:09
  Not guilty, or no contest, State, any evidence.
• 3:31:13
  Take it one or not objection. Stay tuned.
• 3:31:16
  Excuse, did you review the waiver and stipulations with
• 3:31:19
  your attorney? Did you understand it and sign
• 3:31:20
  it in all the appropriate places?
• 3:31:22
  Again, did you understand? You have a right to jury trial a
• 3:31:26
  right for you or your attorney to cross, examining, confront
• 3:31:28
  any Witnesses, the state would call in the right to remain
• 3:31:31
  silent. Did you understand that today?
• 3:31:34
  The state will be presenting evidence in the form of
• 3:31:36
  witnesses, statements, and police reports.
• 3:31:38
  But most importantly, there'll be no live testimony, did you
• 3:31:41
  understand? Port will find that defendant
• 3:31:44
  has known the involuntarily waived and consented stipulation
• 3:31:47
  of testimony. And stipulations Court will
• 3:31:50
  accept accepting to evidence States.
• 3:31:51
  Exhibits one in attachments, in the court will review the same
• 3:32:11
  After viewing States. Exhibits one in attachment
• 3:32:14
  Sequoia, find their sufficient evidence to find you.
• 3:32:16
  Guilty. In the court, will find you
• 3:32:17
  guilty. Are we proceeding was
• 3:32:19
  sentencing? Anything you wish to say on
• 3:32:22
  behalf your client, just take responsibility.
• 3:32:24
  All right. The court was sent to two years
• 3:32:27
  in the prison. Give you credit for Anytime,
• 3:32:29
  sir. There's 1,000 fine, time and
• 3:32:32
  money run. Concurrent there's to be no
• 3:32:34
  contact with Austin escamilla. And Johnny.
• 3:32:42
  Vasquez. Jr.
• 3:32:46
  So, do you want this to run concurrent with parole or has
• 3:32:48
  that been addressed? Please, it has not been
• 3:32:50
  addressed but I would like it. Yes.
• 3:32:51
  All right, current with let me see.
• 3:33:03
  The parole number is not in here.
• 3:33:05
  So, You'll have to leave to get it.
• 3:33:07
  I'll supplemented with the clerk.
• 3:33:08
  All right. Concurrent with parole sentence.
• 3:33:15
  Look at that video. All right.
• 3:33:16
  And there's to be no residing. And households with minors.
• 3:33:25
  And no unsupervised contact. With Minor's.
• 3:33:30
  It's your review, the document in title track Court
• 3:33:33
  certification of defendants rights to appeal with your
• 3:33:35
  attorney. Did you understand it and sign
• 3:33:37
  it? Right.
• 3:33:38
  Because this is plea agreement because I followed your plea,
• 3:33:40
  bargain agreement because you weigh your right to appeal, you
• 3:33:43
  do not have the courts permission to appeal because
• 3:33:45
  this is a felony conviction. You're not allowed to own or
• 3:33:48
  possessing weapons or, I mean issue.
• 3:33:49
  If you have a question of what that is, you'll need to speak to
• 3:33:52
  an attorney, you understand? All right, we can go out the
• 3:33:55
  recall, do you? Pencil.
• 3:33:57
  All right so look you're going to have to start changing your
• 3:33:59
  ways. Otherwise you gonna find
• 3:34:01
  yourself spending the rest of your life, at a prison or at
• 3:34:04
  jail, you understand. And here's the other thing, when
• 3:34:07
  you're doing these type of things that you building your
• 3:34:10
  happiness off, somebody else's misery, you can't do that.
• 3:34:13
  No good. Wherever come of that, okay?
• 3:34:16
  all right, when you're released from prison, If you need help
• 3:34:20
  staying on the straight and narrow.
• 3:34:21
  If I'm still here, you come back, I'll help you find a place
• 3:34:24
  to help you. Okay?
• 3:34:25
  All right. Good luck to you.
• 3:34:26
  You welcome. Thank you very much.
• 3:34:27
  You welcome. Who's next?
• 3:34:37
  Carl Robinson. I'm gonna continue to ride with
• 3:34:43
  judge Boyd for. Now just to see if that previous
• 3:34:46
  hearing somebody Zooms in like they were looking for and thank
• 3:34:49
  you Ashley and great granny and the rest of the chat for trying
• 3:34:53
  to bring me up to speed on that again.
• 3:34:55
  I just missed key parts of it. As I was researching some other
• 3:34:58
  stuff, so Discovery documents. He was looking at, he couldn't
• 3:35:03
  take back with him to the jail cell for the jail, you know?
• 3:35:07
  Um regardless judge. I'd like to get a reset for it
• 3:35:10
  and I'm still talking to the state.
• 3:35:13
  All right Norma? Yes.
• 3:35:16
  Citizen two weeks for a jury trial.
• 3:35:25
  And Deputy Laurel, he'll need to be dressed.
• 3:35:33
  Now, can you do it on March, 4th?
• 3:35:36
  Judge, I'm gonna be out of the country March 9th through the
• 3:35:40
  13th. So I don't think our trial going
• 3:35:42
  to be able to resolve and 48 hours.
• 3:35:45
  You say March win, March 9th of the 13th, I'll be at, let's see
• 3:35:49
  what happens. Let's see where we are.
• 3:35:50
  We can always try and see where we're at.
• 3:35:53
  All right Norma. Put it for March 4th.
• 3:35:56
  And I'll know take that, she was supposed to be out of the
• 3:35:59
  country where you going to be. Well, after going to Israel, If?
• 3:36:06
  Bomb around. Okay, see, we know that goes.
• 3:36:12
  Okay. It makes you yes, thank you.
• 3:36:18
  All right, he's ready? Christian Garza.
• 3:36:25
  Here. Right, are their applications.
• 3:36:40
  And there's just a plea on one case.
• 3:36:42
  Yes, it's a TRC the rest. All right, the court is calling
• 3:36:46
  2025 cr01 49. 39 State versus Christian Garza.
• 3:36:53
  Can I have parties announced see, jumping for defense and are
• 3:36:57
  you Mr? Garza.
• 3:36:59
  Okay. Council.
• 3:37:03
  Have you received all discovery that you're reviewed with your
• 3:37:05
  client? Yes.
• 3:37:05
  Qualifying at the state is in compliance with discovery.
• 3:37:10
  Mr. Garza did you review the true bill of indictment with
• 3:37:12
  your attorney did? You understand it council?
• 3:37:15
  Do you waive the reading? Yes.
• 3:37:16
  Judge state. Are you proceeding on the
• 3:37:18
  indictment for sale in California?
• 3:37:32
  Hi Mr. Garza, did you review court at monuments with your
• 3:37:35
  attorney? Did you understand it?
• 3:37:37
  And sign it in all the appropriate places, the charts
• 3:37:40
  with aggravated robbery and count one, that's the first
• 3:37:42
  degree. Felony range of punishment is
• 3:37:44
  anywhere from five to ninety nine years or life in prison and
• 3:37:47
  up to 10,000 dollar fine. If you have a plea with the
• 3:37:50
  state, the court does not have to follow your plea.
• 3:37:52
  If for any reason, the court does not follow your plea and
• 3:37:55
  gives you more than you bargain for the fact that you enter The
• 3:37:57
  Plea will not be used against you and you will be allowed to
• 3:38:00
  withdraw your plea. Did you understand?
• 3:38:03
  You have a right to jury trial or write for you or your
• 3:38:05
  attorney to cross examining and confront any Witnesses.
• 3:38:09
  The state will call in the right to remain silent.
• 3:38:14
  By entering this plea. You're giving up those rights
• 3:38:16
  did you intend to give up those rights and enter into a plea?
• 3:38:19
  In this case? How is your client been able to
• 3:38:25
  provide you with any defenses? Yes, deeply.
• 3:38:28
  He has a rationalist, well, as a fact show on understanding of
• 3:38:30
  the charges against him, he doesn't believe he's currently
• 3:38:33
  competing was legally saying, at the time of the offense, he
• 3:38:35
  isn't was just Mr. Garza, has anyone threatened, you a course
• 3:38:38
  to your place, she and fear to get you to enter The Plea,
• 3:38:40
  anyone promise you anything, other than the play No, no.
• 3:38:45
  Are you satisfied with the way you've been represented?
• 3:38:49
  Are you satisfied with the way you've been represented?
• 3:38:51
  Just if you're not a US citizen by entering this plea, you will
• 3:38:55
  be deported tonight naturalization and reintroduce.
• 3:38:58
  You understand? okay, that is What we'll find
• 3:39:05
  that defendant has no only involuntary waived, his right to
• 3:39:07
  jury trial which review the plea bargain page with your attorney
• 3:39:10
  that you understand it. According to the, plea
• 3:39:13
  punishment is to be assessed at eight years in the prison.
• 3:39:16
  State will take in consideration, 2025, C is
• 3:39:19
  0111050 and 2025 c. R 0 1 1 0 6. 3 If the court
• 3:39:27
  finds that a weapon was used. In this case, then there will be
• 3:39:31
  an affirmative finding of a deadly weapon by the court, get
• 3:39:35
  you understand this is, That the agreement defense?
• 3:39:39
  Yes, it's your view of appeal park with your attorney.
• 3:39:44
  Did you understand it and sign it in both places by signing
• 3:39:47
  that you waving your right to appeal, the only items that can
• 3:39:51
  be appealed are in pre-trial motions that have been filed
• 3:39:53
  heard and ruled upon by the court to understand.
• 3:39:57
  Council. Have there been any such
• 3:39:58
  motions? No judge, then to the offenses,
• 3:40:00
  charging count one, how do you plead guilty, not guilty or no
• 3:40:03
  contest No problem State, any evidence of the number one,
• 3:40:09
  including all the stuff, you know, just all right.
• 3:40:13
  And stay tuned with the complainant.
• 3:40:14
  Thank you. May be excused.
• 3:40:16
  Thank you. All right.
• 3:40:17
  Did you review the waiver and stipulations with your attorney?
• 3:40:20
  Did you understand it and sign it in, all the appropriate
• 3:40:22
  places? Yes.
• 3:40:23
  You understand? You have a right to jury trial a
• 3:40:26
  right for you or your attorney to cross, examining, confront
• 3:40:29
  any Witnesses, the state would call in the right to remain
• 3:40:32
  silent. Did you understand that today?
• 3:40:34
  The state will be presenting evidence in the form of
• 3:40:37
  witnesses statements and police reports.
• 3:40:39
  But most importantly they'll be no live testimony.
• 3:40:41
  Did you understand Court will find that defendant has no name
• 3:40:45
  voluntarily waived and consented stipulation of testimony and
• 3:40:48
  stipulations Court will accept him to evidence State's exhibits
• 3:40:51
  one in attachments in the court has reviewed this will review
• 3:40:54
  the same All right, after viewing States,
• 3:41:59
  exhibits one. And attachments, the court will
• 3:42:01
  find their sufficient evidence to find your guilty and the
• 3:42:04
  court will find you. Guilty, are you proceed with
• 3:42:06
  sentencing? We're asking for a reset for
• 3:42:08
  sentencing judge. Just to get us Affairs in order.
• 3:42:10
  And then Okay.
• 3:42:29
  Let's just mute a little bit, in the way back machine here,
• 3:42:32
  though. So let's try to move forward
• 3:42:33
  from that. So much.
• 3:42:37
  There we go. All right.
• 3:42:45
  I mean. It doesn't.
• 3:42:48
  Like, we have a choice. Yeah, my hands are tied.
• 3:42:51
  So legal reasons, I guess. So, the court will find you
• 3:42:55
  guilty. The court will send you to eight
• 3:43:09
  years. And the prison.
• 3:43:12
  Give you credit for any time. Served, taking consideration,
• 3:43:15
  2025 CR, 01105, zero, and 2025. See our 0111083.
• 3:43:23
  And there's an affirmative finding of deadly weapon.
• 3:43:27
  Did you review the document entitled trial court
• 3:43:29
  certification of defendants rights to appeal with your
• 3:43:32
  attorney that you understand it, inside it?
• 3:43:34
  All right? Because this is plea, bargain
• 3:43:37
  agreement because I followed your plea, bargain agreement and
• 3:43:39
  because you waive your right to peel, you do not have the
• 3:43:41
  Court's permission to appeal because this is a felony
• 3:43:44
  conviction. You're not allowed to honor
• 3:43:46
  possession of weapons or ammunition.
• 3:43:47
  If you have a question over, what that is, you'll need to
• 3:43:50
  speak to an attorney. Do you understand?
• 3:43:52
  All right, good luck to you. Thank you.
• 3:43:56
  Yes. Hello.
• 3:44:13
  Hi, good morning, judge. Good morning.
• 3:44:16
  How are you doing today? I'm good.
• 3:44:18
  Thank you. How are you?
• 3:44:19
  Oh, I'm doing great. Thank you so much for me and I
• 3:44:22
  really appreciate it. All right, people on Roberto
• 3:44:25
  Montreal. Megan, do you all need to talk
• 3:44:30
  to her in a breakout room? Okay. oh, Thank you.
• 3:44:38
  Coach welcome. Sorry about that.
• 3:45:03
  All right, we're on the record in 2025, cr0, 06058 B, State
• 3:45:10
  versus Roberto monreal. Can I have parties announced
• 3:45:12
  Megan gallery for the state just Monroe.
• 3:45:15
  And are you Mr? Munro.
• 3:45:18
  All right. The defense is requesting, that
• 3:45:23
  he be allowed to apply to. A trade certification or some
• 3:45:32
  type of electrical apprenticeship program.
• 3:45:37
  And we have the pretrial officer by Zone any objection to the
• 3:45:44
  pretrial officer appearing by Zone.
• 3:45:46
  It's from the fish. All right.
• 3:45:49
  So state, do you have any objection to the defendant being
• 3:45:54
  allowed to apply for this program?
• 3:45:57
  Did I guess my objection would you then he's going to be asking
• 3:46:01
  for partial to attend school and the reason for that is because
• 3:46:06
  I'm not straight in this case that broke warrant, you the
• 3:46:11
  evidence and I know sort of losses it's going to be
• 3:46:14
  litigated at some point. However, If his are allowed to
• 3:46:18
  place conditions, upon a defendant goddess charged with a
• 3:46:22
  crime based on what they believe is working safety.
• 3:46:27
  And so, I mean, this case, they start enough, I would re offer
• 3:46:31
  season to be one but what got Represents to us.
• 3:46:35
  It's not the defendant was aware of and participated in the
• 3:46:39
  underlying felony and I know they're trusting Aspects of
• 3:46:43
  that. However, the laws parties
• 3:46:45
  provide Scott under state law, he is to be charged for the
• 3:46:50
  offense of murder. And so, for those reasons, we
• 3:46:53
  are not many people The effect provide just a little bit more
• 3:46:57
  information to the court. The school is not set to start
• 3:47:00
  until September, but the issue is the court probably knows is
• 3:47:03
  that. We the application process has
• 3:47:04
  to go through and he has to either be accepted or not.
• 3:47:06
  We're just asking really for the first part.
• 3:47:09
  Obviously, if the school did start, I, I would agree with Ms.
• 3:47:12
  Galloway, we would be coming to the court and asking for
• 3:47:14
  permission to attend. Don't you apply online?
• 3:47:16
  Know, it's, you have to go in person to apply your All right,
• 3:47:23
  and pretrial services. That is the only reason.
• 3:47:28
  You're not allowing him to do this, is because he's on full
• 3:47:31
  GPS. That's correct.
• 3:47:33
  Judge. All right.
• 3:47:36
  Thank you so much. Do you all have?
• 3:47:39
  No, you're all right. You can remain on to see what my
• 3:47:43
  ruling is going to be. Okay, thank you.
• 3:47:46
  Thank you. And where is this?
• 3:47:59
  The location. For you to provide your
• 3:48:03
  application. All right, so the court needs
• 3:48:08
  that information before you even consider going it should He was
• 3:48:11
  the preciousness. All right, so the document I
• 3:48:18
  have before me. They were able to give it to me.
• 3:48:24
  They gave the name but there's no address listed.
• 3:48:36
  So this is so it is insanity. You know, I need the address.
• 3:48:43
  For me to even consider doing it.
• 3:48:45
  Can I get the name of the place? All right, if you all step back.
• 3:48:53
  Yes. All right.
• 3:48:54
  Thank you so much. Ms signs.
• 3:48:56
  You can remain on or either will.
• 3:48:58
  Send word to you. What my final decision is.
• 3:49:03
  All right. Thank you.
• 3:49:07
  All right, Contreras. What page is contrary song?
• 3:49:23
  Mornings doing, okay. Like all right.
• 3:49:27
  Is this a motion to vote? Oh that's correct.
• 3:49:32
  And are you proceeding on the motion?
• 3:49:35
  Mr. Cox, are we proceeding on the motion?
• 3:49:38
  Thank you. Reaching agreement that Okay.
• 3:49:45
  All right, so we're perceiving on the MTR.
• 3:49:47
  Yes. All right, Cordes calling 2021
• 3:49:50
  CR, 29100 W State versus Rick Contreras.
• 3:49:55
  Can I have parties announced Cornelius?
• 3:49:59
  Cars for the defendant? And are you Mr?
• 3:50:02
  Contreras. Did you review the document
• 3:50:09
  entitled motion to enter adjudication of guilt and revoke
• 3:50:12
  community supervision with your attorney?
• 3:50:13
  Did you understand it? Are you the same Rick Anthony
• 3:50:17
  Contreras? Who was placed on deferred
• 3:50:19
  education in 2021 CR, 29100 W for the offense of possession of
• 3:50:25
  a control substance. Let's talk the record.
• 3:50:38
  Okay, once again, we are still a few minutes on the way back
• 3:50:42
  machine. So let me try to bump this
• 3:50:43
  forward. 1 0 W for the offensive.
• 3:50:49
  Possession of controlled substance penalty group, 2 4 to
• 3:50:52
  200 grams. On March 30th 2021 for a period
• 3:50:56
  of four years. And extended, for a total of two
• 3:50:58
  is that you all right, stay violation of commission.
• 3:51:02
  Number two on or about the 13th January.
• 3:51:05
  How you please to that true or not, true.
• 3:51:18
  True. All right.
• 3:51:23
  Did you understand by pleading true to violation of condition?
• 3:51:25
  Number two, court. Could find it.
• 3:51:27
  True grant, the motion find you guilty, and sent you up to 20
• 3:51:31
  years in prison and up to 10,000 fine.
• 3:51:34
  Knowing that do you still wish to be true to violation of
• 3:51:37
  condition. Number two, Port will find
• 3:51:39
  violation of condition. Number two, true is their
• 3:51:41
  proposed agreement. There is
• 3:51:57
  All right, and that's the coast for sure. that's, The thing.
• 3:52:03
  I do not know if you will be. able to successfully complete
• 3:52:08
  this because this is not your first motion to revoke And we're
• 3:52:12
  here for the same violation. So I'm going to give you a
• 3:52:16
  choice. There are no other choices.
• 3:52:18
  These are your only choices one. I will revoke you and I will
• 3:52:22
  send you to the to three years in the prison or either.
• 3:52:26
  I will continue you. And when I continue you, I'm
• 3:52:29
  going to extend you And you're going to say and you're going to
• 3:52:32
  remain in custody until transfer to safety, which do you prefer?
• 3:52:40
  Well. it just, in terms of Clients.
• 3:52:49
  He's willing wanting to. Go through.
• 3:52:55
  And so that's not the issue with somebody issue. and, He's, you
• 3:53:04
  can see it so. but it's not a situation where he just given up
• 3:53:17
  on it, he's been in the right and go, although a lot of times
• 3:53:24
  the drugs have upper hand Who did he still fighting fight?
• 3:53:31
  Yeah so I mean that's why I'm giving him two choices.
• 3:53:33
  So when I mean, I understand well, the prince, oh, that's
• 3:53:37
  all. Not a solution choice.
• 3:53:44
  We were. Asked the court dreams
• 3:53:49
  following, go to safety program. And I, when he comes back.
• 3:53:54
  Then the court has some other assessments and terms of what he
• 3:53:59
  leaves. Then I would for me to see what
• 3:54:04
  happened to get update. From the program.
• 3:54:07
  I will just no, no. I'm just asking if you want to
• 3:54:14
  today. I will revoke you and send you
• 3:54:16
  to three years in the prison or I'll deny the motion and you can
• 3:54:20
  go to safety. Those are your two choices.
• 3:54:26
  Agree on the safety know. I mean it here's the thing, you
• 3:54:30
  know yourself better than I do Better than anyone else.
• 3:54:35
  So that's why I'm giving you the two choices.
• 3:54:37
  I am hoping that you choose safety.
• 3:54:40
  I'm hoping that you'll be successful.
• 3:54:42
  But I'm just saying, based upon, this is not the first time that
• 3:54:46
  you've been before me for a violation of number two, and
• 3:54:49
  I've added conditions to help you.
• 3:54:51
  I just don't know if you will be successful.
• 3:54:54
  So, therefore, I'm giving you two choices, three years in
• 3:54:58
  prison or either you remaining custody for transfer to safety
• 3:55:02
  which do you prefer Okay. All right, Ms Abrams.
• 3:55:10
  Two will be true. Deny the motion alternate men
• 3:55:16
  conditions. He used to remain in custody.
• 3:55:22
  For transfer. To Safe p.
• 3:55:30
  Or if felony drug court, accepts him, he can go to felony drug
• 3:55:33
  court. Oh, those are.
• 3:55:36
  That's it. Okay, honestly.
• 3:55:42
  Oh, it's, it's completely up to them.
• 3:55:45
  I have no control over your being placed in the program, but
• 3:55:49
  you, yes. And you can talk to her and
• 3:55:57
  she'll tell you why. All right, thank you.
• 3:56:01
  Thank you very much. Thank you.
• 3:56:06
  Just give me one moment. Yes.
• 3:56:20
  All right, so we'll we gonna have to extend him.
• 3:56:34
  And extend him for the two years.
• 3:56:35
  Yes. Sir, you're gonna be extended
• 3:56:40
  for two years because of the program.
• 3:56:44
  If? and if he completes
• 3:56:47
  successfully, Would entertain. Early termination.
• 3:56:52
  Always am available to entertain any motions that are brought
• 3:56:56
  before me. That's for Frisk.
• 3:56:58
  All right, thank you. Who's this?
• 3:57:09
  Yes. Then I have one more to give
• 3:57:21
  you. Odyssey wasn't moving, so slow.
• 3:57:46
  And it keeps saying no match found.
• 3:58:10
  Oh yes, just one of the return. Letter, and I've written the
• 3:58:15
  address on there. So the court has the address.
• 3:58:31
  All right. Uh, State on this one rail
• 3:58:35
  matter. All right, and what date would
• 3:58:44
  this be? I think we at the time, he'll
• 3:58:55
  have to call and get the appointment scheduled and we
• 3:58:59
  wanna do that, unless we knew that the court was Right.
• 3:59:02
  Get the I will tell you this. The fact that I'm allowing you
• 3:59:06
  to apply for, that doesn't mean that I'll allow you to attend.
• 3:59:10
  I haven't made up my mind on that but I will not Make a
• 3:59:15
  really on this until you give me a specific date in time.
• 3:59:19
  Okay, you're good. Would it be possible for him to
• 3:59:23
  call that day and then, He has to give it to me because I have
• 3:59:29
  to make a ruling on it. Yes.
• 3:59:30
  All right. Thank you.
• 3:59:31
  So at this, I know when he can appear by Zoom You can hear by
• 3:59:37
  them or would we be required to follow another motion or a
• 3:59:39
  different motion? No.
• 3:59:40
  Okay, thank you. Who's next?
• 3:59:46
  Thank you. I'm Marissa Gallardo.
• 4:00:06
  All right. Where we're in Discovery.
• 4:00:10
  I know we had a warrant or something.
• 4:00:12
  I think they did Tinder. These search warrant judge.
• 4:00:14
  I'm happy to sign off on the Discovery acknowledgment.
• 4:00:17
  I was giving an offer of pre-trial diversion so I'm gonna
• 4:00:19
  get that application support for today and just having time for
• 4:00:23
  that process to occur. All right, I need a ptd day.
• 4:00:26
  All right, so y'all just make sure everything is file with ptd
• 4:00:30
  the application before you come back on March 19th.
• 4:00:33
  Once you sign that she excuse me, thank you.
• 4:00:38
  Judgment. Yes.
• 4:00:44
  As well. All right.
• 4:00:46
  Who's next? And how Tori house.
• 4:00:51
  It's a cleat judge what page here.
• 4:00:56
  All right, house. Is there an application?
• 4:01:08
  Probation, there's an application.
• 4:01:11
  Already told her. Okay, thank you.
• 4:01:15
  And is there just a plea on one should be to discuss?
• 4:01:18
  100 Wright Court is calling 2025 c, r. 013596 State versus Tori
• 4:01:26
  house, can I have parties announced On the way from Mr.
• 4:01:30
  House. And are you Mr?
• 4:01:33
  House. Have you received all discovery
• 4:01:36
  that you reviewed with your client?
• 4:01:37
  Yes, Runner. We'll find out the state is in
• 4:01:40
  compliance with discovering. Mr. House, did you review the
• 4:01:45
  application for defer to judication or community
• 4:01:48
  supervision with your attorney to understand it and sign it?
• 4:01:51
  So it's your review, the true bill of indictment with your
• 4:01:54
  attorney to understand it council.
• 4:01:57
  Do you waive the reading of the indictment we do honor state,
• 4:02:00
  are you proceeding on the indictment as presented?
• 4:02:03
  See, this person will count one paragraph as your owner and we
• 4:02:07
  will wait there. Any objection no, objection
• 4:02:11
  counter. I'm so sorry State and you can
• 4:02:22
  write another dismissal because they like to sign their owns.
• 4:02:27
  Their own, I should say. Give it to.
• 4:02:31
  You got him. All right, mister house.
• 4:02:36
  Did you review the court at monuments with your attorney
• 4:02:38
  that you understand it, and sign it and all the appropriate
• 4:02:41
  places, all right? And count one, elf, the charged
• 4:02:46
  with burglary of a building. That's a state jail.
• 4:02:48
  Felony range of punishment is anywhere.
• 4:02:50
  From 108, 80 Days up to two years in the state jail,
• 4:02:54
  facility and up to 10,000 dollar fine.
• 4:02:57
  If you have a plead with the state, the court does not have
• 4:03:00
  to follow your plea. It's like this.
• 4:03:03
  Not follow your plea and gives you more than you bargained for
• 4:03:05
  the fact that you entered a will not be used against you and you
• 4:03:08
  will be allowed to withdraw your plea.
• 4:03:10
  You have a right to jury trial a right for you or your attorney
• 4:03:14
  to cross, examining, confront any Witnesses.
• 4:03:16
  The state will call in the right to remain silent.
• 4:03:21
  By entering this plea. You're giving up those rights
• 4:03:23
  that you intend to give up those rights and enter into plea.
• 4:03:27
  In this case if I were to Grant your application for deferred
• 4:03:30
  adjudication, if for any reason you're deferred as education
• 4:03:33
  were revoked, the court could find you guilty and sentence you
• 4:03:36
  up to two years in the state jail facility and up to 10,000
• 4:03:39
  dollar fine. Did you understand counselors?
• 4:03:42
  You've been able to provide you with defenses.
• 4:03:43
  Shawna, do you believe he has a rational, as well as a factual
• 4:03:47
  understanding of the charges against him?
• 4:03:48
  He does Judge. Do you believe he's currently
• 4:03:50
  confident was legally saying at the time of the offense?
• 4:03:52
  Runner, Mr. House is anyone, threatened, you course to your
• 4:03:56
  place you in fear to get you into the place?
• 4:03:57
  Anyone promise you anything, other than the police are you
• 4:04:01
  satisfied with the way you've been represented?
• 4:04:03
  If you're not a US citizen by entering this plea, you will be
• 4:04:06
  deported denied naturalization and re-entry teach.
• 4:04:09
  You understand Court will find that defendant has no only
• 4:04:12
  voluntarily waived his right to jury trial.
• 4:04:15
  Did you review the plea bargain page with your attorney?
• 4:04:18
  Did you understand it? According to the State is
• 4:04:21
  proceeding on count, one paragraph F.
• 4:04:23
  There's a 1200 dollar, finest recommending, deferred
• 4:04:27
  adjudication. They're taking in consideration
• 4:04:29
  2025, cr's Sierra, 13595 2025, CC 015356, and there should be
• 4:04:41
  rested in. If any to the following
• 4:05:14
  He's right defense yesha. State.
• 4:05:17
  Yes, it's your review. The wave of appeal, paragraph
• 4:05:19
  with your attorney. Did you understand it and sign
• 4:05:22
  it in both places. By signing that you're waiving
• 4:05:25
  your right to appeal. The only items that can be
• 4:05:27
  appealed are written pre-trial Motion Set up and filed heard
• 4:05:30
  and rules upon by the court. That you understand Council of
• 4:05:34
  any such motions are outside the agreement.
• 4:05:36
  The state is recommending that you deferred adjudication before
• 4:05:39
  term of four years. There'd be a top evaluation what
• 4:05:42
  are 20 hours of community service.
• 4:05:44
  Restitution the anti-theft course, a felony, Drug Court
• 4:05:48
  Referral, and if not accepted safe to understand, those are
• 4:05:51
  recommendations from the state. And the court does not have to
• 4:05:54
  follow those recommendations then to count one paragraph.
• 4:05:58
  F, how do you plead guilty, not guilty or no contest guilty
• 4:06:01
  State any evidence. State offer States exhibit one
• 4:06:05
  in our objections, say to maybe excuse if you review the waiver
• 4:06:09
  and stipulations with your attorney that you understand it,
• 4:06:11
  and sign it in all the appropriate places.
• 4:06:13
  Again, it should understand you have a right to jury trial a
• 4:06:17
  right for you or your attorney to cross-examining, confront,
• 4:06:19
  any Witnesses, the state problem, the right to remain
• 4:06:22
  silent. It's your understand that today,
• 4:06:24
  the state would be presenting evidence in the form of
• 4:06:26
  witnesses statements and police reports.
• 4:06:28
  But most importantly, there'll be no live testimony.
• 4:06:31
  That you understand Port. Will find that defendant has no,
• 4:06:35
  only involuntary waiving consented stipulation of
• 4:06:38
  testimony and stipulations. Court will accept accepting to
• 4:06:41
  evidence State's exhibits one in attachments and review the same.
• 4:07:04
  Right after viewing States, exhibits one, and attachments,
• 4:07:07
  the court will find their sufficient evidence to find you
• 4:07:10
  guilty. Court will defer finding of
• 4:07:13
  guilt as you've applied for to produce education.
• 4:07:16
  Very proceeding with sentencing. We are anything you wish on
• 4:07:19
  behalf your client, the court, Paul or agreement.
• 4:07:22
  All right. So do you have any children?
• 4:07:24
  No. Do you have any family support?
• 4:07:28
  Yes. All right, their president in
• 4:07:30
  the courtroom owner, okay? How far did you go in school
• 4:07:32
  college? Okay, so how did you get on this
• 4:07:36
  path? just, be around people and just
• 4:07:45
  not following. Not that I was on high school,
• 4:07:50
  but you know, when people come to me and they say they're
• 4:07:52
  around the wrong, people like the other suspect.
• 4:07:55
  In this case, if I were to talk to him, right?
• 4:07:58
  He would say I'm around the wrong people and I say, who
• 4:08:00
  would that be? And he'd say, you write So, how
• 4:08:03
  old are you? I'm 33.
• 4:08:04
  Right. And so how long have you been
• 4:08:06
  using? I use and what were you?
• 4:08:12
  Okay. All right.
• 4:08:14
  So it's obvious that you're going to need some help with
• 4:08:18
  drug addiction. And is this family members gonna
• 4:08:21
  allow him to live with them? If that was part of the issue
• 4:08:24
  that we were discussing on her hands by we have to confirm with
• 4:08:28
  the state. They wanted to go to felony drug
• 4:08:29
  court and if he's not accepted to go to safety and upon his
• 4:08:33
  relief, if he successful on this rehab, then they would consider
• 4:08:36
  him being able to live with his mother.
• 4:08:39
  So his mom is here. Yes.
• 4:08:41
  Runner. She's speaking with her.
• 4:08:41
  Sure. All right, it should come up.
• 4:08:44
  It might have difficulty issue than a wheelchair.
• 4:08:48
  Let me help her. Hello.
• 4:09:06
  All right, so here's the thing. I'm going to Grant his
• 4:09:09
  application for probation. but, When people have drug
• 4:09:14
  addictions. It has to be a global support
• 4:09:18
  system, right? Probation can help him if you're
• 4:09:21
  not helping him. So that means if he does come to
• 4:09:24
  stay with you, you gonna have to lay down the law and there's
• 4:09:27
  going to have to be consequences and if he's not falling those,
• 4:09:31
  you gonna have to pick up the phone and call probation, your
• 4:09:34
  attorney will tell you. If somebody is on probation and
• 4:09:38
  they're they call probation and say, Hey, you know, I think I'm
• 4:09:42
  going to use, you know, what's going to end up happening in
• 4:09:44
  this court. I'm gonna set it for a
• 4:09:46
  compliance hearing. They're going to come in, and
• 4:09:48
  we're going to see what help we can give them, but we can't have
• 4:09:51
  people disappearing. And not reporting and then they
• 4:09:55
  don't report and say, well I got afraid, so I know I never show
• 4:09:57
  back up because that limits options, all right?
• 4:10:03
  Okay and I've done I've been in the circle with my son. and,
• 4:10:12
  That's why I was talking with this attorney explaining.
• 4:10:16
  That just throw him back out there.
• 4:10:20
  I don't think we'll be setting him up for Success.
• 4:10:22
  Okay, to be completely honest. So when they said in in patient
• 4:10:28
  treatment, I think that was the best.
• 4:10:31
  All right, so there to support on a thousand percent going to
• 4:10:34
  this, but I don't want to see him.
• 4:10:38
  Come right back up again but you're strong enough for him to
• 4:10:41
  have consequences for actions. Yes.
• 4:10:43
  All right. So I can tell you what I'm going
• 4:10:46
  to do. I am going to refer him to
• 4:10:48
  felony drug court and you'll need to talk to them to see if
• 4:10:52
  they have room for him to talk to her.
• 4:10:54
  Talk about that every good. And then what I'll do is if he's
• 4:10:59
  accepted a felony drug court, I'm gonna put him on GPS with a
• 4:11:03
  curfew. And so what he is, what the
• 4:11:07
  court consider waiving, the GPS fees just because of indigency
• 4:11:10
  status. Yes, the fees will be way but
• 4:11:12
  that's so wilmed down him because right now he's going to
• 4:11:15
  have to bill up his level of trust with probation and felony,
• 4:11:18
  drug court makes them build up the level of trust before he's
• 4:11:22
  allowed to do other things. All right, other than the drug
• 4:11:25
  treatment. Is there anything else that he
• 4:11:27
  needs? no, I think that's I mean maybe
• 4:11:31
  mental health. Okay.
• 4:11:32
  A felony drug court, they have a dual diagnosis program, so
• 4:11:35
  they'll address any mental health issues with any substance
• 4:11:40
  abuse? Yes, I think he goes to the
• 4:11:44
  smart academic scholarships. Okay, smart kid Youth Orchestra.
• 4:11:52
  So you can pay violence Yoda chello base.
• 4:11:56
  Oh, wow. He's very talented.
• 4:11:59
  He got mixed up with the wrong people and I couldn't get them
• 4:12:02
  back. All right, well we're going to
• 4:12:04
  try to get him back on the right track.
• 4:12:05
  He's a good kid. He really is.
• 4:12:07
  Okay. It's down there somewhere.
• 4:12:08
  We just Okay. So, um I'm gonna Grant his
• 4:12:13
  motion and we're gonna see about getting him some treatment.
• 4:12:16
  So, if felony drug court doesn't accept him, that means he'll be
• 4:12:20
  going into inpatient treatment and even if he's accepting and
• 4:12:24
  fell and he drug court, they'll set his condition.
• 4:12:26
  So they may decide he still need to impatient treatment as well.
• 4:12:29
  Okay, thank you. All right, you're welcome.
• 4:12:31
  Thank you, thank you for the record.
• 4:12:33
  Yes, Vanessa Smith. Okay.
• 4:12:35
  All right. Thank you.
• 4:12:36
  And if you make sure she gives probation her information.
• 4:12:40
  Sure. All right, Mr. House.
• 4:12:47
  All right, so this is what I'm going to do.
• 4:12:50
  When's the last time you had any type of employment a couple
• 4:12:55
  years, okay? We're gonna do our best to get
• 4:12:58
  you back on track, alright? So, I'm going to send you to
• 4:13:01
  four years. The footage education.
• 4:13:05
  There's to be a referral to felony drug court.
• 4:13:07
  In custody, they're probably be able to see you on Tuesday
• 4:13:11
  because it's late in the week. If not accept it.
• 4:13:22
  Then safety. There's three regular reporting
• 4:13:27
  by Zoom or in person. Regular random UA's.
• 4:13:31
  Proof of employment within 45 days of release.
• 4:13:36
  No employment. As a home, health care, provider
• 4:13:38
  or with minors. Partial GPS.
• 4:13:48
  For treatment. Dwayne GPS fees.
• 4:13:55
  Bill visits one-time per month until further notice. 120 hours
• 4:14:01
  of community service, restitution.
• 4:14:08
  There's a 1200 dollar, fine. That will be probated.
• 4:14:15
  Making consideration 2025 cr0 13595 2025, CC 015356.
• 4:14:25
  Restitution. And if any And no contact with
• 4:14:32
  the following. This one, did you review the
• 4:15:47
  document entitled trial court certification of dependents
• 4:15:50
  rights to appeal with your tummy?
• 4:15:52
  Did you understand it and sign it?
• 4:15:53
  All right because this is plea bargain agreement because I
• 4:15:57
  followed your plea bargain agreement and because you waived
• 4:15:59
  your right to appeal you do not have the Court's permission to
• 4:16:03
  appeal. Do you understand?
• 4:16:04
  All right, you're going to have to do better.
• 4:16:06
  If you don't do it for yourself, do it for your To get back into
• 4:16:10
  playing your instruments. Okay.
• 4:16:12
  All right. Good luck to you.
• 4:16:13
  Thank you. Yes, have a seat sir.
• 4:16:18
  So I will say this as we bring this day to a close, this is
• 4:16:22
  what I'm actually rooting for. That's not always the case.
• 4:16:24
  You know, sometimes we we run across people where it looks
• 4:16:29
  like they've just gotten themselves into a bad way for
• 4:16:32
  whatever reason, but it sounds like the state's got some talent
• 4:16:35
  and some brains and you know, Should probably be making
• 4:16:39
  something of himself and he just hasn't for whatever reason, been
• 4:16:43
  able to get there. So fingers and toes crossed that
• 4:16:46
  this works out for him. this is, it sounds like if nothing else
• 4:16:51
  is his mom's behind him, so hopefully Any?
• 4:16:56
  Who I hope you had a good day today, I did.
• 4:16:57
  Today was a good day. I thought some good Court, some
• 4:16:59
  good conversation. This is kind of what we want to
• 4:17:01
  do here and we'll get back tonight.
• 4:17:03
  Speaking of good conversation, APM Eastern 5 Pacific for
• 4:17:06
  sidebar. So join us for that.
• 4:17:09
  And of course, we'll be back here for super Friday tomorrow
• 4:17:11
  morning. 9 a.m. eastern 6, Pacific, a half an hour early
• 4:17:15
  for channel members, did have yourself a great day and again,
• 4:17:17
  I hope to see you tonight and if not tonight, tomorrow morning,
• 4:17:19
  take care. God bless.