Latest / The Courtroom Files / January 26 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #217

Transcript

January 26 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #217 · The Courtroom Files

0:01
Good morning, everybody. Happy Monday.
0:03
Welcome to TCF LIVE. Good to have you all here.
0:05
Judge Vincent Colada just took the bench in Ohio.
0:07
Let's see what's going on. President in court is the
0:12
President. Who is accompanied?
0:13
By her attorney, Miss Mary Catherine Corrigan.
0:15
You're here today for a change of plea hearing.
0:17
It is the state's understanding that the defendant is prepared
0:21
to withdraw her previously entered plea of not.
0:23
Guilty and entered. Plea of guilty to Count 1,
0:26
tampering with evidence, a felony of the third degree,
0:29
along with the attached firearms specification for one year.
0:34
The state would move to dismiss the remaining count.
0:36
Two at the. Time of sentencing There is no
0:39
agreement with regard to sentencing and prison advantage.
0:43
Thank you, Miss Corgan. Does that all sound accurate?
0:46
It does, Your Honor. Thank you.
0:48
And Miss Verona, were you able to hear what the prosecutor and
0:50
your lawyer just had to say regarding what they believe your
0:53
intentions are here today? Yes, I do, your honor.
0:55
And you can be seated at this time both you I don't I don't
0:57
interpret it as any disrespect. It's takes a little bit of time.
1:00
It's easier to be sitting down. We go through everything here.
1:02
Thank you. But you're the hero, was said.
1:04
Yes, Sir. They indicated a court they
1:05
believe it's your intention to withdraw your previously honor
1:08
plea of not guilty to Count 1 specification.
1:14
Count 2 would get dismissed with the first sentencing to get some
1:17
reports completed. Come back on a future day for
1:19
sentencing where there's no agreement between the parties
1:22
regarding any recommendations for sentencing.
1:24
Each size for you to recommend to the court whatever sentence
1:27
they feel is the right thing to do.
1:29
Is that your understanding of the discussions that took place
1:31
between your lawyer and the prosecutor?
1:33
More importantly, what you want to do today?
1:34
Yes, sure. Well, before I can accept your
1:36
plea, I need to make sure you understand everything going on
1:39
here. I need to make sure you
1:40
understand what it is you're charged with them pleading
1:43
guilty to the right you have that you give up by pleading
1:46
guilty as well as all the possible penalties you face.
1:49
So for me to determine those issues, I will ask you a series
1:52
of questions. If at any point when I'm asking
1:55
you the questions, if you're unsure or unclear of anything,
1:57
I'm asking you if you need anything repeated or clarified,
2:01
you want a moment to talk with your lawyer to ask her
2:03
questions. Or even if you want to ask me
2:05
questions, make sure you let me know that.
2:07
So I need to make sure you understand everything we're
2:08
doing. All right, absolutely.
2:09
All right, let's get started then.
2:11
How old are you I? Am 48 years old.
2:14
Are you able to read and write the English language?
2:17
Yes, I am. Real.
2:18
Any difficulty with that or difficulty understanding what
2:20
you read in the English language?
2:21
No. Are you AUS citizen?
2:23
Yes, I am. Now, before coming into court
2:26
here today, have you any drugs or alcohol of any kind?
2:29
No, you are. What about in the last 48 hours?
2:31
No, not even prescribed medication.
2:34
I am prescribed medication. What prescribed medication would
2:37
you have taken within the last couple days?
2:38
I am on Lexapro, I am on hydroxyzine, I am on prizosin
2:45
and then just stuff for my back and that's it.
2:49
But is the stuff for your back the?
2:51
Stuff for. Your back.
2:52
I'm on Robaxin, it's called Robaxin and then I, I don't
2:58
remember what it's called for my stomach for acid reflux.
3:06
So in the paperwork I have in second page every time I'm not
3:10
under the influence of any drugs or alcohol.
3:12
I'm not taking any drugs or alcohol in a 48 hour period
3:15
preceding this hearing. And I added except for Lexapro,
3:19
hydroxyzine, prezocin, reboxin and acid reflux medication.
3:23
Yes. Correct.
3:24
That sound accurate? Yeah, sure.
3:25
Now, any of those medications that I just listed that you've
3:28
taken within the last couple days, do they in any way affect
3:33
your ability to understand or appreciate where you are, what's
3:37
going on around you to communicate?
3:39
Anything, if anything, they help me, right?
3:42
So no negative impact or influence because of these
3:44
medications? Not at all.
3:49
Now, you would have been served with a copy of this indictment
3:52
back in very end of October. That's the document, maybe
3:54
beginning of November, the document that sets forth the
3:57
charges you're accused of committing.
3:58
Do you remember getting that? Yes, I do.
4:00
And at some point you had the chance to look that over.
4:03
Yes, your Honor. Now, in that indictment, you are
4:05
charged with two counts. You're pleading guilty to the
4:10
first council. I'm going to review that with
4:12
you. If you have any questions, make
4:13
sure you ask but what's alleged here in Count 1 and what you're
4:16
admitting to is that or about September 15th, 2025 and or
4:20
September 16th, 2025, Willoughby Lake County, Ohio.
4:24
That you knowing that an official proceeding or
4:26
investigation was in progress was about to be or likely to be
4:29
instituted. That you alter destroyed,
4:31
concealed or removed any record, document or thing with purpose
4:35
to impair its value or availability as evidence in such
4:38
proceeding or investigation. That kind of constitutes the
4:41
offense of tampering with evidence.
4:43
It's a felony of the third degree.
4:46
Do you understand what you're charged with them pleading
4:47
guilty to and count 1 I do any questions about it?
4:50
No, there's also a firearm specification attached to this
4:53
count that alleges that you had a firearm honor about your
4:57
person under control while you committed the offense of
4:59
tampering with evidence. Understand what's alleged in
5:03
that specification. I do any questions about it?
5:05
No, there are. Now there's a second count of
5:09
this indictment of obstructing justice, the felony of third
5:12
degree, that's being dismissed pursuant to the agreement.
5:14
Is that your understanding? It is your honor any.
5:16
Questions about that charge I do.
5:17
Not. Well, then before I can accept
5:19
your plea, I'm guilty to count one that I just read to you.
5:22
I need to make sure you understand all the rights you're
5:23
giving up by pleading guilty. And you first of all, have the
5:27
right to have a trial. And the trial would be to me as
5:29
a judge or I would listen to all the evidence.
5:31
And I make that decision whether you're guilty or not guilty.
5:34
But you also have a constitutional right to have a
5:36
jury trial. A jury trial would be in front
5:38
of twelve citizens here from Lake County who would listen to
5:41
all the evidence each side wanted to present.
5:44
The jurors would consider and weigh all that evidence, and
5:46
then those jurors would make that ultimate decision.
5:48
And that ultimate decision reached by the jurors would have
5:50
to be unanimous. Unanimous means all 12 of them
5:52
would have to agree together. One way or the other is each
5:55
separate charge whether you're guilty or not guilty.
5:57
Do you understand that? Do you understand by pleading
5:59
guilty or giving up your right to have a trial?
6:13
Now, if we had a trial, you would have the right to have an
6:15
attorney represent you at that trial.
6:17
If you cannot afford an attorney, the court would
6:18
appointment for you free of charge to do that.
6:20
Do you understand that? I do.
6:22
Excuse me. No, I had a trial.
6:25
The prosecutor here would be representing the State of Ohio
6:27
and she would have what we refer to as the burden of proof.
6:30
With her having the burden of proof, what that actually means
6:33
is that it is her job or she bears the responsibility or the
6:36
obligation of proving you guilty at a trial.
6:39
Before you could ever be found guilty, you're presumed innocent
6:43
of the charges. And the presumption of innocence
6:44
sticks with you and remains with you until the state, if at all,
6:48
I was ever able at a trial to overcome that presumption and
6:50
prove you guilty. You understand that?
6:51
Yeah, sure. Now, I speak of this burden of
6:58
proof, since this is a criminal case that burdens what we refer
7:01
to as proof beyond a reasonable doubt.
7:03
Highest burden of proof we have in our justice system and what
7:06
it means, it's the amount of the evidence and the quality of that
7:10
evidence. The state would have presented a
7:11
trial to prove you guilty. So in this case, the state would
7:14
have to present evidence to prove each element or each part
7:17
of the charge beyond any reasonable doubt before you
7:19
could ever be found guilty of this charge.
7:21
Specification of the trial. Do you understand that?
7:24
Understand by pleading guilty or giving up your right to make the
7:27
prosecutor prove you guilty beyond a reasonable doubt at a
7:29
trial. Now, in order to do that, or at
7:33
least in order to try to do that, prosecutor bring witnesses
7:37
into the courtroom to testify for the state by answering
7:39
questions from the prosecutor. Once those witnesses answered
7:42
the prosecutor's questions, then your lawyer would have the right
7:45
on your behalf to ask those same person's questions.
7:48
That's called cross examination. She could ask him anything she
7:51
wanted to within certain rules. Do you understand that?
7:54
You understand by pleading guilty or giving up your right
7:56
to cross examine or confront those witnesses that would come
7:59
in here and testify against you? I do.
8:02
And you also have the right to trial.
8:03
You can call your own witnesses to come to court to testify for
8:07
you if you wanted to, and answer your lawyers questions.
8:09
Now, you don't have to do that. I'm not required to do that, but
8:12
you have a right to do that if you want to do understand that.
8:14
Yeah, sure. And you further can request this
8:16
court issue an order. We call that order a subpoena.
8:19
What a subpoena would actually do is it would force or make
8:24
someone come to court to testify for you and answer your lawyers
8:26
questions if they weren't willing to come in voluntarily
8:29
on their own. Do you understand that?
8:30
Yeah, sure. Do you realize you're giving up
8:32
that right? I do.
8:39
Now, you also have the right of the trial.
8:40
You could choose to testify on your own behalf if you wanted
8:43
to. But you do have a constitutional
8:45
right not to testify if you don't want to.
8:47
That's a decision or a choice that you would have to make.
8:51
Do you understand that? And since that's your choice,
8:55
what that really means then is that nobody else could force you
8:58
or make you. Nobody could compel you to
9:01
testify against yourself at a trial if you didn't want to.
9:05
I can't make you testify, but more importantly, the prosecutor
9:08
is not allowed to call you as a witness and make you get up on
9:10
the stand and force you to answer questions and testify.
9:14
Your own lawyer can't make you testify if you didn't want to.
9:15
Do you understand that? Further, understand that if we
9:19
went to trial and you were found guilty, you would have the right
9:24
to appeal or challenge that guilty finding to a higher court
9:27
that sits above me and reviews my decisions.
9:30
Am I pleading guilty here today? You're giving up or waiving any
9:32
right you have to appeal it. Guilty fighting.
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This court will enter if your plea is accepted as well as any
9:37
other issues you could raise or brought to my attention up to
9:39
this time. You understand that?
9:41
Yes, your. Honor, all right.
9:46
Well, do you have any questions at all for me regarding any of
9:49
these rights we've just discussed?
9:50
These are all the rights you have and all the rights you're
9:51
giving up by pleading guilty. Any questions?
9:54
No, Your Honor, you're not. Do you understand them all?
9:56
Yes, your Honor. Do you still want to plead
9:57
guilty? I do.
9:59
Do you understand a guilty plea of the complete admission of
10:01
guilt? It means you're admitting to the
10:02
facts being alleged by the prosecutor.
10:04
We're not going to argue later you didn't do it or someone else
10:07
response or anything like that. Do you understand that?
10:09
Further, as a result of pleading guilty, the effect of the guilty
10:12
plea is that you'll be found guilty by the court and then you
10:15
will subsequently on another day be sentenced by the court.
10:18
Do you understand that? Now, as far as sentencing goes,
10:22
you're pleading guilty to a felony of the third degree.
10:25
This offense is punishable by a term in prison of a minimum of
10:28
nine months, a maximum of 36 months or increments in between
10:32
by the 12/18/20 4:30. So at the time of sentencing is
10:36
I'll select one of those numbers 9121820430 or 36 and that that
10:41
would be the number of months in prison you'd have to serve for
10:44
the tampering with evidence charge.
10:45
Understand that charge also has what we call firearm
10:49
specification that's attached to it.
10:51
This firearm specification requires the court impose A
10:54
mandatory prison term of one year that has to be served prior
10:58
to and consecutive to whatever prison sentence I impose in the
11:02
tampering with evidence, the 9121820430 or 36 months.
11:06
So you serve the one year first and then you would serve
11:09
whatever the prison term is on the tampering with evidence, but
11:11
they have to be served consecutively, which means one
11:14
after the other. You understand that?
11:15
Yes, I do not have the ability if you've heard the term
11:18
concurrent before, concurrent mean sentences are run together
11:21
at the same time. I I'm not allowed, I don't have
11:23
the authority to run the firearm specification that prison term
11:26
for the tampering charge concurrent.
11:28
They have to be consecutive. If you understand that any
11:30
questions about that and in as much as the firearms
11:36
specification requires a mandatory prison sentence, that
11:39
means I'm required to impose a prison sentence on the tampering
11:41
with evidence charge as well the 9 to 36 month range I mentioned
11:45
understand that I do now you're currently on probation or parole
11:53
to any other courts or agencies I.
11:55
Am not, your honor. You have any other criminal
11:57
charges pending against you anywhere?
11:58
I do not. Your honor, I just, I don't
12:02
think she does judge. She does have a quite a
12:05
checkered criminal history and does have some substance abuse
12:09
issues and she doesn't believe she does it.
12:12
I just we don't know of it. We don't fair.
12:15
Enough. I just want to I'll.
12:17
Explain the reason I'm asking. It's nothing more than if you
12:20
have a pending charge against you, felony charge, and you're
12:24
sentenced to prison on that other case before you're
12:27
sentenced. In this case, I could run, I'd
12:31
have to run the consecutive, the firearm specification has to be
12:34
consecutive to anything else. But that's only if you're
12:37
sentenced to prison before you come back here for sentencing.
12:41
Without that's happening because you're you're you're not going
12:43
to get out here. It doesn't appear to that's the
12:45
case to go anywhere else. Yeah.
12:49
You're on. I don't, I don't believe.
12:51
OK, That's the only reason I'm telling you that if you're
12:53
sentenced to prison before you're sentenced here, I could
12:56
run my prison term consecutive to that.
12:58
The only reason I'm asking that. Sorry, I can't.
13:06
I can't run it, you know, concurrent or consecutive to
13:10
some possible future unknown sentence.
13:12
It's already got me imposed. Yeah, I honestly, I honestly,
13:15
Your Honor, as far as I know, I don't have any.
13:17
Fine, that's the reason I was asking.
13:18
The reason I was asking. I've done everything in my
13:20
possible ability when I fall down and if I fall down to get
13:24
myself back into either a psych ward or any type of treatment.
13:28
I never thought I'd be back in front of a judge again, Your
13:30
Honor. So.
13:33
Were you, I may have asked you this and if I did that's good
13:36
again because I can't remember if I asked are you, were you on
13:38
probation or parole or post release control to any of the
13:41
courts or agencies when this happened?
13:42
No. Now if a prison term is imposed
13:45
in this case, upon your release from prison, you could be placed
13:48
on what is called Post release control, sometimes referred to
13:51
as parole. It's a period of supervision you
13:53
would be on after you completed the prison sentence and it could
13:56
be in this case up to two years. You understand that if you're on
13:59
post release control and you're violating the conditions of your
14:02
supervision, the Parole Authority can return you to
14:04
prison as punishment for violating their rules for
14:07
another nine months. For each violation you commit up
14:10
to an overall maximum of 50% or half of whatever the prison term
14:14
was imposed by the court. Do you understand that?
14:18
Now, aside for the possible prison or the mandatory prison
14:22
sentence I just mentioned, there's other sanctions that
14:24
could be ordered. You could be fined in this case
14:26
up to $10,000. It could be ordered to pay court
14:29
costs. You could also be ordered to
14:31
reimburse the county for any cost of confinement, community
14:34
supervision or treatment, if any of that were applicable.
14:36
Do you understand that? Yes, your Honor.
14:49
Now, a few moments ago I was explaining the prison sentences,
14:51
prison sentences, the possible prison sentences, and I told you
14:54
it was mandatory, though that prison had to be imposed.
14:56
That means you are not eligible for probation, what's called
14:59
community control sanctions. Do you understand that?
15:03
Now, while you're not eligible for community control sanctions
15:05
here, at the time of sentencing, after you have served any
15:09
mandatory prison term that would be imposed in this case, in this
15:12
case would be the one year for the firearm specification, you
15:14
would be eligible at some point to request judicial release,
15:18
which is a motion you could file with the court requesting to be
15:25
released and put on community control sanctions.
15:27
Now, it's not you're not entitled to it and it's not
15:30
guaranteed you would get it, but you could request it after you
15:33
serve some period of time after the mandatory prison sentence.
15:36
You understand that? Thank you.
15:45
Lastly, when we come back here for sentencing, you'll have the
15:47
right at that time to say anything you want, anything you
15:49
want me to know or consider. Your lawyer could speak on your
15:51
behalf. Recommend a sentence to the
15:53
court. The prosecutor can also
15:54
recommend a sentence to the court.
15:55
Do you understand that? Yes.
15:56
Sure. Thank you.
15:57
Do you understand that whatever the lawyers say at the time of
16:00
sentencing regarding what they think the sentence should be, it
16:03
is just what I said. It's a recommendation.
16:04
I don't have to file that if I didn't think it was the right
16:06
thing to do. Do you understand that?
16:07
Yeah, sure. All right.
16:09
Well, do you have any questions at all about the potential
16:11
penalties you face by pleading guilty?
16:13
I do not. You understand all the possible
16:14
consequences? I do.
16:16
Do you still want to plead guilty?
16:17
Yeah, sure. Have you had enough time to
16:19
discuss this case with your lawyer and have her review the
16:22
reports with you, discuss issues, answer whatever
16:24
questions you may have? I have.
16:26
Are you satisfied with the advice and counsel of your
16:28
lawyer? I do.
16:30
Has she or has anyone else made any promises to you about what's
16:33
going to happen at sentencing which is inducing you to plead
16:36
guilty? No, Your Honor.
16:38
Have you been threatened or coerced in any way to plead
16:40
guilty? No.
16:42
Are you entering the plea freely and voluntarily?
16:44
Yes. All.
16:51
Right. Any questions for me then at
16:52
this time regarding anything we've talked about the right,
16:55
you're giving up the penalties you face, but you're pleading
16:59
guilty to any questions. I do not your honor, you.
17:04
Still want to plead guilty? Yeah, sure.
17:07
I know what's going to happen at this point.
17:08
The prosecutor here is going to explain for me what she believes
17:10
the facts would show if we had a trial.
17:12
I want you to listen to what she says cuz then I got some follow
17:15
up questions for you. All right.
17:16
Yes, sure. All right, Mr. Milan.
17:20
Thank you, Your Honor. Had this matter proceeded to
17:21
trial, the state would establish beyond a reasonable doubt that
17:24
on September 15th, 2025, there was a shooting that took place
17:28
at Fox Run Apartments in the city of Willoughby.
17:31
Lake. County, Ohio, where Damonte
17:33
Perry was shot and later died. The defendant.
17:36
Was interviewed. By the Willoughby.
17:37
Police Department where she admitted that she was aware of
17:40
the shooting that occurred at Fox Run on September 15th, 2025
17:45
and that her son, Christopher Verona had called her sometime
17:48
after it happened. Christopher Verona told her that
17:50
he was in trouble and she told him that she was coming down
17:54
there. Christopher Verona told the
17:55
defendant that he had the gun. The defendant admitted to the.
17:59
Willoughby Police Department that she retrieved the gun from
18:01
the bushes at Fox Run Apartments, again located in
18:04
Willoughby, Lake County, Ohio. In order to.
18:07
Assist Christopher Verona. She took the firearm and gave it
18:10
to a drug dealer in Cleveland. The Willoughby Police.
18:12
Department was able to recover recover the firearm from that
18:15
person and were able to confirm. That the same.
18:18
Firearm was used in the shooting on September 15th, 2:00. 1025.
18:21
Thank. You.
18:25
Thank you. Miss Rona, were you able to hear
18:27
what the prosecutor had to say regarding what she believes the
18:31
evidence would show if we had a trial?
18:32
Yes, I have. What, if anything, good to say
18:34
about those facts as she presented them?
18:37
Are they true? Did you do what you said?
18:39
OK, Your honor, to to a degree. When my son called me, I didn't
18:44
go into where he was. We called Melvin Harris.
18:48
I did go as close as I could. I did not go in.
18:50
My son told me the gun. He did.
18:53
Not go in where? To the apartment.
18:54
To the apartment where it had happened.
18:58
The next day my child had my food card.
19:00
This is this can all be proven. I want to know if you tampered
19:04
with this gun that which was evidence in a.
19:07
Proceeding. He wants to know, did you go and
19:09
retrieve the gun? From the bushes afterwards.
19:11
Knowing that it was potentially evidence in a criminal.
19:14
Investigation. Yes, you are.
19:16
And you possessed it when you got it.
19:18
Yes, I did. Anything else you'll be able to
19:21
explain to the probation department?
19:22
I just wanted to find out whether you are admitting to the
19:25
specific elements of the offense that you OK.
19:29
I didn't know if you wanted to know exactly what had happened.
19:31
You're going to get a chance, you're going to go to the
19:33
probation department and meet with them and give them your own
19:35
version twice of what happened. You can talk to them orally and
19:39
have an oral interview with them.
19:40
And you're also going to get a chance to write it out if you
19:42
want. OK, so you'll, you'll get that
19:44
opportunity. I'll get a chance to to look at
19:46
it. So I'm not review that.
19:48
Not an opportunity. I will review it so, but the
19:51
point here is just that you're admitting to the specific
19:53
elements of the charge, OK, which is what what you just said
19:57
that you went got that gun knowing that it was evidence in
20:01
a criminal proceeding. Yeah, I'm sorry, I was just a.
20:04
Little sorry. Thank you.
20:05
Did did you know that he had died at that point?
20:07
Though I did not it. Doesn't.
20:09
I don't think it changes. No, it doesn't.
20:11
The actual elements of the facts.
20:12
Because it's just that it's a criminal investigation that you
20:14
knew was going on, you knew that, correct?
20:17
Yes, yes. Very well then regarding count
20:22
1, charging with tampering with evidence of felony the third
20:24
degree, what is your plea to that guilty?
20:27
Regarding the one year firearm specification, what is your plea
20:29
to that guilty? All right.
20:31
I have in my possession at this time A4 page document called a
20:33
written plea of guilty and judgment entry which explains
20:36
everything I've just explained to you.
20:38
Before I can accept your plea, I need to make sure you understand
20:40
that document. They sign it here in open court.
20:44
Now my understanding is before when he came out here, you had a
20:49
chance to go over that document with your lawyer.
20:51
Is that correct? Yeah, sure.
20:53
Miss Corrigan, is that accurate? Did you review that with I?
20:57
Did just. Corona read it over with her.
20:59
Yes Sir. Did she indicate an
21:01
understanding of it to you when you did that?
21:02
She did very much so is.
21:22
That correct Miss Corona So you understand the document, yes,
21:24
sure. Any questions for me about what
21:25
it says? No, you are and also appears you
21:28
signed the document. Did you in fact sign it?
21:30
Yes, you witnessed that, Miss Corrigan.
21:33
I did. Similar on you as well.
21:36
Very well that at this time the court will accept the defense
21:38
oral and written plea of guilty. Let the record reflect defendant
21:41
was here in open court with her lawyer advised of all our
21:44
constitutional rights, made a knowing, intelligent, voluntary
21:46
waiver of those rights. Court also finds that
21:49
understands the nature of the charge that affected the guilty
21:51
plea as well as the maximum penalty that can be imposed.
21:54
Finding this to be knowing, intelligent and voluntary, the
21:56
court will accept the defendant's plea by independent
21:58
guilty of Count 1, tampering with evidence of founding a
22:01
third degree in violation of 2921 point 12A1 along with the
22:06
firearm specification. Count 2 will be dismissed.
22:10
The first sentencing order, pre sentence report and
22:13
investigation and I'll continue to fence bond.
22:18
Is there anything else for the record at this time, Miss
22:20
Hinaline? We did.
22:22
A victim impact statement as well.
22:26
Victim impact statement. Miss Cory?
22:30
Anything else? No, thank you, Judge.
22:32
Thank you. All right.
22:34
All. Right, I'll be in to see you.
22:36
Depending on the weather, it might not be tomorrow.
22:37
But that's fine. Good morning everybody.
22:42
TCF live on a Monday. Welcome.
22:43
Good to have you here. If you are new to the show,
22:46
welcome. Happy Monday to you as well.
22:49
So basically what we do here is we spend 3 hours hopping around
22:53
the country from court to court to court, seeing what's going
22:55
on. And then in the fourth hour, we
22:57
generally talk about some of the things that we saw or I bring up
23:01
some other news. If you're a channel member, you
23:03
have the ability to call in and talk to me.
23:05
So we have fun there as well. So courts are still kind of
23:09
booting up here this morning. So what's going on is a little
23:13
bit limited, but let's let's go to Molly Hennessy Greenwald.
23:18
There we go, see what's going on there.
23:20
Langston Nevels, Case number 2619 SD This is the date and
23:24
time set for a arraignment this morning.
23:26
May I please have appearances for the record?
23:29
Thank Your Honor, Jonathan Foreman, Office of Public
23:30
Defender here with Mr. Nevels. For the purposes of arraignment
23:32
only today, we waive any in person appearances for his
23:35
hearing this morning. Thank you.
23:37
Mr. Nevels, can you please unmute, Sir?
23:41
Hello. Hello, can you please confirm
23:43
you can hear and see me and Mr. Foreman?
23:46
Yes, I can hear and see you both.
23:48
This is called an arraignment. We're here today so I can inform
23:52
you of the charges against you, the maximum possible penalties,
23:55
and all of your rights. Mr. Nobles, you're charged in
23:59
this misdemeanor complaint. Currently, you're charged with
24:02
count 1 of operating while intoxicated, and that's a
24:06
misdemeanor. It's punishable by up to 93 days
24:08
in jail and a minimum fine of $100, a maximum fine of $500.
24:15
Additionally, there may be sanctions ordered by the
24:18
Secretary State for your drivers license and then in the
24:21
alternative to count 1, you're charged with the crime of a
24:24
person operating as a minor with any BAC that is punishable by up
24:29
to $250 and up to 360 hours of community service.
24:34
Also some drivers license sanctions and Mr. Froman, just
24:40
note please that that is the complaint I've that I've read.
24:44
I think that our online Jas system has a different charge is
24:49
is referencing the alternative count to as a minor with the BAC
24:53
second offense, but that's not how it's charged.
24:56
I We discussed that and I appreciate that clarification,
24:59
Judge. Thank you.
25:00
So I want Mr. Novels to make sure that he understands these
25:03
charges. And the possible penalty is, do
25:05
you understand those Mr. Novels? Yes, I understand.
25:09
And then you, I want you to know you have a right to an attorney
25:11
to assist you. And if you can't afford an
25:13
attorney, one will be provided for you at public expense.
25:16
Mr. Foreman's here representing you from our public defender's
25:19
office. Mr. Foreman.
25:20
Is Mr. Nevels making an application to your office?
25:23
He's an MSU student judge, so I've given him Ms. Legal Legal
25:28
Services at MSU, their contact information.
25:31
OK, Mr. Nevels, is that all correct?
25:34
Yes. So we'll talk about that again,
25:36
but it'll be important for you to contact MSU Legal Services
25:40
immediately after our hearing and provide them the dates that
25:43
I anticipate I'll give you shortly.
25:47
Then I also want you to know, Mr. Novels, you have a right to
25:50
a trial on these charges where you would have many rights
25:52
available to you. Mr. Foreman, did you review the
25:54
trial rights with your client? I did.
25:57
And how are we proceeding today? Entering a not guilty plea,
26:00
Judge. So we're setting this for a pre
26:01
trial on February 25th at 11 AM. Final pre trial is April 13th at
26:09
9:30 and jury selection April 14th at 1:00.
26:16
And Mr. Nevels, I have an address for you in Pontiac, MI.
26:20
Is that a good address? Yes, ma'am.
26:23
OK, that's the address. The court will continue to use
26:25
Mr. Foreman on bond. Thank you, judge.
26:28
Just so I'll note that my information is Mr. Nevels has no
26:30
fire criminal offenses of any kind.
26:32
He does have that permanent address in Pontiac, but he's
26:34
also an MSU student, so he's local, but he prefers to get his
26:37
mail out there. I just think it's more reliable
26:38
that way. He's a junior studying finance,
26:41
so he certainly has a lot going for him.
26:43
I apologize about that, Judge. So we would request a personal
26:47
recognizance bond given his ties to the community and given his
26:50
lack of history. Mr. Nevels, did you hear what
26:53
Mr. Foreman told me? Yes, ma'am.
26:56
Is that all true and accurate? Yes, that is all true and
26:58
accurate. That helps me make my bond
27:01
decision where I need to consider 2 main factors.
27:04
The 1st is, will the person always appear for their court
27:06
dates? Mr. Nevels, you've appeared here
27:09
today for your very first court date.
27:10
Timely, attentively. You've confirmed a permanent
27:14
address. You have ties to this community.
27:16
As a student, you've assured me that you will be contacting
27:20
legal services at MSU, so you'll have continued representation.
27:25
All those things give me good reason to believe that you'll
27:27
always appear for your court dates.
27:29
Am I right about all that? Yes, ma'am.
27:31
And then the other factor I need to think about is public safety.
27:34
There are public safety concerns inherent in these allegations.
27:38
Where the allegation is you operated a motor vehicle while
27:42
intoxicated on the roads of this community.
27:44
They are slightly elevated for you, Mr. Nevels, because of your
27:48
age, you're charged as someone who not only was allegedly
27:53
driving while intoxicated, but is illegal for them to even
27:58
purchase or consume alcohol. So there are public safety
28:02
concerns. They can be addressed through
28:04
bond conditions and as long as we you're committed to complying
28:09
with these bond conditions, I agree a personal bond is
28:11
appropriate. So with that, Mister Nevels,
28:14
your bond is $500 personal recognizance.
28:18
You do not have to post any money bail.
28:20
I'm releasing you because I trust you will come back to
28:23
court and I trust you will comply with my bond conditions
28:27
and they are as follows. You must appear as directed.
28:31
You may not leave the State of Michigan without permission of
28:34
the court. You must not commit any crime
28:37
while I'm bond to this court. You must not purchase, possess,
28:41
or consume alcohol, recreational marijuana, or any illegal
28:44
controlled substance. You must submit to random drug
28:47
testing that'll be overseen here at the court, and you must not
28:51
provide a positive, diluted or adulterated sample to the Drug
28:56
Testing Agency. Mr. Nevels, is there any reason
28:59
why you can't appear in person to this court by 2:00 PM
29:03
tomorrow? That would be Tuesday, January
29:06
27th. No, I can appear by tomorrow.
29:09
OK, so I'm ordering that you must appear.
29:11
You can come anytime today and through tomorrow by two, you'll
29:15
go to our probation department and you'll get referred for that
29:18
random drug testing. OK.
29:21
Thank you. And then you must not engage in
29:25
any illegal driving. And Mr. Nevels, we have
29:29
fingerprints taken. So I think that's all for me.
29:31
Mr. Foreman, anything further from you?
29:34
Thank you. Very good.
29:35
So just a reminder, Mr. Nevels, important you contact MSU Legal
29:40
Services immediately. They'll want to know the court
29:43
dates I gave you and just so you're ready and they're
29:47
prepared to proceed on those dates.
29:49
OK. Can you please repeat those
29:51
court dates? Yes, you ready.
29:54
The 1st court date is called a Pretrial and that is set for
29:58
February 25th at 11:00. OK.
30:02
And the second is final pretrial April 13th, 9:30.
30:14
And then the last date is a jury selection on April 14th at 1:00
30:20
PM. Yeah, I got it.
30:26
Very good. Thank you very much and good
30:28
luck to Mr. Nevels. That's all for this case.
30:31
Thank you. Good morning once again,
30:33
everybody. TCF live, it's Monday.
30:35
Good to have you all here. Leah.
30:37
Thank you for becoming a channel member.
30:38
Very much appreciate that you're in the best community in the law
30:42
tube space. And I, I've said it before, I
30:44
don't just say that because I run it.
30:46
I say it because it's true. The people here are the best.
30:49
They're involved, they're committed, and this is just a
30:52
great place to be. But now that you remember, you
30:54
get access to the pre show, you get the ability to call in and
30:57
talk to me during the 4th hour, you get a discount in our, in
31:00
our store, all sorts of things. So be sure to check that out.
31:03
And again, thanks so much. Let's do this.
31:06
Let's go to Florida. Wade Mercer is just getting his
31:09
day started. Let's see what's going on.
31:11
Hi, fiance. Your fiance is in the courtroom.
31:14
Mr. Hill, you're here because you're accused of violating the
31:16
terms of your county probation in case 24-693CT.
31:20
Mr. Hill, I'm going to appoint the public Center's office to
31:22
represent you. I'm going to ask that you listen
31:23
to Mr. McDaniel, your attorney. Your Honor, I've spoken to Mr.
31:28
Hill at this point in time. Mr. Hill, I did go through the
31:31
documents you had. There's still the issue that you
31:34
didn't do your 50 hours of community service.
31:36
Yeah, it's still the issue that you allegedly stopped reporting
31:40
in. There is an offer.
31:42
It's off for 30 days in the county jail.
31:44
You'd have three days jail credit and you'd be eligible for
31:48
any game time while you're out there.
31:49
As I told. You earlier, so you should be
31:52
getting out of there probably about 3 weeks if you want to
31:54
resolve this this morning, do you want to go ahead and resolve
31:56
it? Yes.
31:59
Sir, Your Honor, I've talked to Mr. Hill and so we're going to
32:02
go ahead and meet the values probation understanding.
32:04
He says 30 days in the county jail have three days jail
32:06
credit. I don't don't believe there's
32:07
any remaining fines owed on the case in the case and that'll
32:11
resolve this case today. Thank you.
32:13
Mr. Mitchell's had agreeable with the state.
32:15
It is Your Honor. Thank you.
32:16
So Mr. Hill, I think the tentative offer was 60 days, but
32:18
then your fiance brought in the documentation that you did do
32:21
the DUI school and it was done about two weeks after the
32:24
warrant. So that's why the offer changed,
32:25
because you did do more than what we had originally thought.
32:29
So, Mr. Hill, this this agreement will resolve it.
32:31
Is this the play you would like to enter, Sir?
32:35
Yes Sir, but I was also get other classes besides that
32:41
class. Right.
32:43
The other thing that well, the DUI school constitutes you takes
32:46
care of your of your counseling requirements as long as you
32:48
enroll within 60 days. I don't think you got that part
32:51
done. But the the problem is that
32:52
couple of problems, you quit reporting allegedly in the
32:55
spring and then you were told in August to turn yourself in and
32:57
here we are in January. So if you want to resolve it
33:00
today, the offer is 30 days in jail.
33:01
But you don't have to resolve that.
33:03
You don't have to take that off. Or we can just, you know, you're
33:05
not going to have a bond because the violation probation, but
33:08
we'll see you at an upcoming court date if you wish.
33:10
If you want to resolve it today, that's OK too.
33:14
I like to resolve it today. OK, so do you want to admit that
33:17
you violated probation knowing that I'm going to send you to
33:19
that agreed upon term? So I had to see here for how
33:23
many days? Well, you, you have three days
33:26
credit. So you have 27 days left.
33:28
Now under Florida law, you may get some game time for your good
33:32
behavior. I cannot promise you that you
33:34
can get up to 10 days a month at the jail, but that's that's
33:37
that's between you and the jail and that's dependent upon your
33:40
following the jail rules. So if you did that, you would be
33:44
out in 17 or 18 days. But I can't promise you that you
33:47
get out there and you have trouble.
33:48
You don't follow the jail rules. You're going to do 27 days or
33:50
closer to that. Any other questions?
33:57
So is this is this admission you would like to enter in the
33:59
agreement you would like to enter or not?
34:02
No, I was trying to get out quicker than that, Sir.
34:06
All right, no problem. So we'll see at your next court
34:08
date. You've got no bond for the time
34:09
being. Mr. McDaniel, what court date
34:11
would you like them set for? Mr. Hill?
34:12
You realize the next court date is about 30 days from now.
34:14
Are you sure you don't want to resolve this?
34:18
I would like to resolve it because I have a job and that's
34:22
what I'm. Trying next jail Full date
34:23
February 12th. Mr. Hill, we're not going to beg
34:26
you to come in and report it to your probation officer.
34:28
The note says the officer talked to you in August and said you
34:30
need to come in and take care of this.
34:32
Here it is January, so we'll see you the next court date that.
34:35
'D be twenty 11th. Jail docket.
34:37
We'll see you on the jail docket date.
34:39
If Mr. McDaniel wants to bring you up earlier, then we'll do
34:42
that. Mister McDaniel, if you talk to
34:43
him next time you're out there, please, I'm going to see if your
34:46
fiance has any questions. Ma'am, do you have any
34:47
questions? That time's passed.
35:00
We got a bunch of cases to deal with, and I've got to pick a
35:02
jury this morning. So we'll see him in another
35:04
court date. May see him tomorrow if he wants
35:05
to. Mr. Hill, have a good day, Sir.
35:07
Thank you for coming, ma'am. In this case is Jeffrey
35:11
Pritchett. Mr. Pritchett Good morning.
35:17
Mr. Pritchett, You're here because you've been accused of 1
35:19
count of misdemeanor assault and one count of misdemeanor
35:22
domestic violence battery. Mr. Pritchett, there is probable
35:24
cause for the charges. The good news is that you have
35:27
almost no criminal history. I think I saw a one marijuana
35:31
charge over 20 years ago last year and that's all I saw.
35:35
Mr. Pritchett, Is that the only criminal history you have, Sir?
35:38
Yes, Sir, That was just for like 1 joint like a disorderly
35:41
conduct or something a long time ago.
35:43
OK. All right.
35:44
I'm going to appoint the public defender's office to represent
35:46
you, and I'm going to listen to the attorneys before I address
35:48
your bond amount, Mr. or your release status.
35:51
Mr. McDaniel, anything, or we just ask for a condition
35:53
release. Thank you, Mr. Mitchell.
35:56
No, no objection to a conditional release.
35:59
Mr. Pritchett, do you have somewhere else you can live
36:01
other than the residence where the alleged victim lives?
36:04
Yes, Sir, I can. I have somewhere to go.
36:07
Where? I have a friend that's in the RV
36:11
park and we have relatives and things like that.
36:14
The thing is it's I'm kind of new to all this and I think I
36:18
have the flu. I've had a fever for the few few
36:20
days. But.
36:22
My biggest thing is my mother. That's where.
36:25
We saw I didn't mean to laugh. I didn't mean to laugh, but when
36:28
you said that, the Corporal Campbell just gradually slid off
36:32
the screen so I couldn't see him.
36:33
But go ahead, please start, start over so I can make sure I
36:36
hear everything you're saying. Sir, I'm.
36:37
Sorry my mouse really dry, but it's my mother's house and we
36:42
all live there and I'm the. The.
36:44
Bread owner, pretty much. So I mean, I would like to get
36:47
counseling with her and work it out and, you know, figure it out
36:52
and I've never. Had any?
36:53
Let me explain. Whenever.
36:55
Let me explain that you're going to be allowed, you're going to
36:57
be ordered to have no contact with her for the time being.
37:00
Now, if she wants contact and if you want contact, I would
37:03
consider it probably with some counseling in in a place.
37:06
Obviously I've got to give the state attorney's office a chance
37:08
to have input also. But right now she's not here
37:11
asking for contact. So when you leave the jail, you
37:14
can have no contact. And what you can do is contact
37:17
law enforcement about getting clothing and other bloggers you
37:19
might need for work from the home, and law enforcement will
37:22
escort you to do that. But you've got to live somewhere
37:24
else. And when you get to the
37:25
conditional release office, if I give you a conditional release,
37:27
you've got to have an address. You got to be able.
37:30
To give an address. So knowing all of that, you've
37:34
got somewhere else to stay, at least for the time being,
37:36
correct? Yes, Sir, all.
37:38
Right, so I'm going to offer you the conditional release.
37:40
I always give a bond option. Some people prefer the bond.
37:43
Your bond will be $2500 cash or surety.
37:45
I'm going to offer you a conditional release.
37:47
Either way, you have a condition of no contact with the alleged
37:49
victim. Do you have any questions, Mr.
37:51
Pritchett? No, Sir.
37:54
And you want you want the bond or the conditional release.
37:56
The conditional release I don't have.
37:59
We're broke, pretty much so. So, Mr. Pritchett, what's going
38:02
to happen then, Sir, is they're going to let you use the phone
38:04
to call transportation, a call for transportation or to try to
38:08
make sure you got a place to live.
38:09
Then they're going to bring you to the jail.
38:11
Excuse me, from the jail to the courthouse.
38:14
Mr. Ham will meet with you at the courthouse and then you will
38:17
be. Once they go over everything
38:18
with you, you'll be free to go. If you call friends or family,
38:21
you can tell them that you need to be picked up here.
38:23
You can be picked up at the courthouse in 30 to 45 minutes.
38:25
You call whoever you wish other than the alleged victim.
38:29
All right. OK.
38:34
Thank you for clarifying. The.
38:36
The bond is $2500 each. Thank you.
38:38
Mr. Pritchett. You're also going to get a
38:40
notice for your court date, and that's going to be March the 2nd
38:45
at 9:00 AM Mr. Pritchett, we'll see you at the courthouse in a
38:48
little while, OK. All right.
38:49
Thank you. Yes, Sir.
38:52
We're we're officially in March for both arraignment can.
38:54
I put in, I don't want to put in.
38:57
The next case is Justin Brewer. Thank you, Mr. Brewer.
39:07
Good morning, Mr. Brewer. You're here for a hold out of
39:08
Santa Rosa County. That's a violation of probation
39:11
warrant. It has no bond on it.
39:12
Mr. Brewer. What that means you're going to
39:14
be held for that county, Sir. Today is a Monday, so that's
39:18
very possible. They'll get you one day this
39:20
week. Not always, but usually a week
39:23
or less is about right for those counties that far away from us.
39:27
So you're going to get, when you get picked up, you'll go to that
39:29
county, you'll go to another first appearance in that county.
39:31
Any questions, Mr. Brewer? No, Sir.
39:34
Have a good day, Sir. Thank you, Tommy Thurman.
39:46
Miss Thurman. Good morning.
39:46
Miss Thurman. You're here because you've been
39:48
accused of 1 count of obtaining property by false pretenses less
39:52
than $20,000 in value. Mr. Thurman, there is probable
39:56
cause in the complaint. I'm somewhat familiar with the
39:58
criminal history. I took a look at it this
39:59
morning. I think you're entitled to a
40:01
bond. I'm going to listen to the
40:03
attorneys and see if they have any additional information
40:04
before I said that. Bond.
40:05
Mr. McDaniel. Anything?
40:07
Yeah, we just asked for Regent bond.
40:09
What's your thoughts on cash bond?
40:12
I Mr. Thurman, are you still just wanting a surety bond?
40:16
Or do you want I don't know which bonds which I'm I?
40:19
Explained it to you here over and over.
40:20
You said you want the surety bond.
40:22
Which one do you want? Surety bond or cash bond?
40:25
Take the bonds one. Mr. Mitchell, Anything.
40:30
Mr. Thurman, your bond's $5000 cash or surety.
40:32
You have a condition. Have no contact with the alleged
40:35
victim. You'll get to use the phone in
40:37
just a few minutes, Sir, to try to post the bond.
40:39
Any questions, Mr. Thurman? No, thank you.
40:42
Have a good day, Sir. And.
40:45
I think what may be the last case is Hunter, Polly, Judge
40:52
next to Raymond Court date. Thank you.
40:55
On who? On Mr. On who?
40:57
On. Thurman Mark, that would be the
41:02
March 3rd, March the 3rd. So we're in March on felonies
41:04
now. March on both.
41:05
March the 3rd at 8:30. Corporal 830.
41:08
Thank you for reminding me, Mr. Polly.
41:10
Good morning, Mr. Polly, you here first of all accused of
41:13
violating the terms of your county probation in case 24417
41:16
MEM. Mr. Polly, there is I'm going to
41:21
appoint the public there's officer represent you.
41:22
Mr. Polly. I'm going to ask that you listen
41:24
to Mr. McDaniel, your attorney and we'll see if you have any
41:26
questions in just a moment. Your honor, I'll spoke to Mr.
41:29
Polly. He's going to get the violated
41:30
probation understanding he's going to be since 90 days in the
41:32
county jail who has a six days of jail credit and remaining
41:35
fine to be hopefully he'll work offline in the Trustee Bay 370 O
41:42
Mr. Mitchell's had agreeable with the states.
41:44
It is your honor, you said six days credit, six days credit.
41:48
That is agreeable. Thank you.
41:49
And Mr. Polly, did you hear that agreement?
41:52
Yes, Sir. Mr. Polly, do you have any
41:54
questions about that agreement? I was wondering if we could
42:02
possibly get it down to the last time my my first child is going
42:06
to be born here on April 12th is our date.
42:10
I just, I I would hate to miss that man.
42:12
That's that's. You'll be out by April 12th.
42:17
OK, well, let's see. I think you should be out by
42:22
then the time. OK, let's do this.
42:25
I feel like you're going to be out because there's a good
42:26
chance you'll get some trustee time.
42:28
If he's still there the last day of March, bring him back to
42:31
first appearance so we can see where he stands.
42:33
Please, Corporal. Yes, Sir.
42:34
So I I don't want you to miss the birth of your child, but but
42:37
you've got probation never came back it appears at all.
42:40
So I think many days is is where I would be on the sentence.
42:43
So knowing that I review the case.
42:45
If you're still there on the last day of March, last working
42:48
day of March. Knowing that does that is that
42:51
that's what you want to do. Is this the mission you'd like
42:53
to enter? Yes, Sir.
42:54
I'm going to accept your admission that you violated
42:57
terms and conditions of your probation.
42:58
I'm going to revoke that probation, sentenced you to 90
43:00
days in jail. The court costs and fines will
43:03
be brought forward there, the amount of $370.
43:06
And I, I told you on the record that I'll, if you're still there
43:09
the end of March, I'll review your case.
43:11
And if you've done everything you're supposed to do and you're
43:13
still there, then I'm going to strongly consider letting you
43:16
out for the upcoming birth of your child.
43:18
Any other questions, Sir? No, Sir, Thank you.
43:22
Yes, Sir. Have a good day.
43:24
You too. Corporal.
43:34
How? You feeling?
43:36
Feeling alright? So you get you get feeling bad,
43:41
let me know, OK? Yes, Sir, I sure will.
43:44
That's funny how you slid everyone you mentioned having
43:46
the flu. I think I've probably done the
43:47
same thing. Yeah.
43:49
I was standing right next to him.
43:50
So, Corporal, anything else from the jail this morning?
43:54
No, Sir. No, Sir.
43:55
Mr. Mr. Mitchell, anything else in the state?
43:57
Nothing else from the state. Mr. McDaniel, Mr. McDaniel from
44:01
the defense. All right.
44:02
So ladies and gentlemen, that concludes first appearances this
44:04
morning. We do have a jury selection
44:05
scheduled for 9:00 AM, so we should be putting that on Zoom
44:11
and YouTube, but. Morning once again.
44:17
Everybody. TCF live.
44:19
It's Monday. Somehow you all made it here.
44:24
Give me just a moment. There we go.
44:26
Just getting the next court set up again.
44:28
Everybody's just kind of coming online all at once here.
44:31
Let's go to Texas and Judge W see how the Monday fashion show
44:36
is starting out. And so here's the thing.
44:39
Remember what I said when you were here before, right?
44:43
Talk to them. They all charge different
44:45
amounts of different payment plans.
44:46
Bring me the names of who you've talked to.
44:48
I said the same thing to everybody, so I know I said it
44:50
to you. And what did I say That could
44:52
happen if you didn't do what I told you to do, right?
44:56
So you don't want to go to jail just because you don't do what I
44:59
asked you to do, right? It's easy.
45:00
Just talk to three lawyers. Then if you can't afford them,
45:03
there's options, but you have to follow the rules first.
45:07
It's just that simple. If you can't follow the rules,
45:09
you're going to end up in jail. OK, so I'm going to reset your
45:12
case to two weeks. You have two weeks now to talk
45:15
to three attorneys or get one hired.
45:18
If you don't do that, then your bond will be raised for not
45:21
following that court order. Yes, ma'am.
45:31
Just do what I'm asking you to do and then we'll talk about
45:34
your options when you come back, okay?
45:36
If you talk to them, you do what I say, you can't afford them.
45:40
You can't come up with the money, Then there's some options
45:42
for you to maybe get a court appointed attorney, but you're
45:44
going to be required to follow those directions first.
45:47
OK, All right. Step in front of the clerk,
45:59
Justin Payne. Good morning.
46:19
Good. You're just in pain.
46:21
Mr. Payne. Were you able to get someone
46:22
hired? OK.
46:25
Did he? You've paid him and everything.
46:27
Or you're going to. OK, so how much more do you need
46:42
to pay him before? So have you hired him?
46:44
Hired. I guess what I'm saying is
46:46
sometimes they'll take a down payment for whatever is going to
46:49
get them on your case. You've already done all of that.
46:54
Y'all didn't hear from him? Yeah, I know.
47:04
He's in Hardin County, he'll be around though.
47:07
They're not starting back till. Tomorrow, OK, but he hasn't
47:14
filed anything. But he's coming today.
47:17
Do me a favor. Just have a seat here in the
47:19
courtroom until Mr. Kemmler gets here.
47:21
It sounds like he'll be here this morning.
47:22
Don't leave until we tell you to.
47:23
OK? Thank you.
47:28
OK. Brittany Davis,
47:53
good morning. You're Brittany Davis.
47:54
So, Miss Davis, what happened with your drug patch?
47:58
I had a death in my family. I went to Dallas, my daughter
48:02
got sick and they fell off in the hospital.
48:05
I have documentation to show that where I was when she was
48:08
discharged. What does any of that have to do
48:11
with your drug patch coming up? It fell off and I was in Dallas.
48:14
I wasn't getting involved all the time.
48:16
Have a seat in the jury box. We're going to get you tested
48:18
this morning. Richard Volery.
48:42
Good morning, Sir. You're Richard Volery.
48:43
And Mr. Volery, this is your initial appearance in clause #25
48:47
DCCR 1746. You're charged with aggravated
48:52
assault with a deadly weapon from October 21st of 2025.
48:59
And since you have made bond in your case, if you had an
49:03
opportunity to try to hire a lawyer.
49:05
All right, So what I'm going to do, Sir, is reset your case for
49:08
about 30 days or so, give you some time to try to hire a
49:11
lawyer. If you get a lawyer hired before
49:13
the next court date, just bring the reset notice that you get
49:16
today to that lawyer and they'll tell you what to do.
49:19
If you're unable to hire someone before the next court date, then
49:22
I'm ordering you to visit with at least three lawyers.
49:24
They all charge different amounts.
49:25
They have different payment plans.
49:27
Bring me back the names of the lawyers you've talked to.
49:29
So I know you're trying. And then we'll discuss your
49:31
options. If you don't do that, then when
49:33
you come back, you run the risk of me raising your bond for not
49:36
following that court order, and you would have to go back to
49:38
jail. You understand?
49:40
All right. If you'll step in front of the
49:41
clerk, she'll give you a reset notice.
49:44
So while she pulls up the next contestant real quick because
49:47
the previous one had talked about her drug patch falling
49:50
off, I just looked it up. According to Farm Check, which
49:54
is a maker of those drug patches, the falling off is a
49:59
rare occurrence. Can be because of excessive
50:01
sweat or soaking like in a hot tub can cause it improper
50:07
application. But that tends to be found out
50:10
very quickly or if it's being worn too long over 14 days.
50:16
Just your cellular shedding can cause it to lose contact.
50:21
But specifically it's designed to be tamper evidence so if you
50:24
try to remove it yourself, they'll know it.
50:27
So just some FYI's there for you.
50:34
Mr. Ramirez, just have a seat for a few minutes and then we'll
50:36
check on all of that, OK? I do.
50:42
Remember something about that, Probably because of.
50:46
Barbara, thank you for the $10. I very much appreciate that.
50:49
I'm playing catch up. My brain is not on yet.
50:52
I hope you had a great weekend. I did have a pretty good weekend
50:55
overall. Barbara, we made a good dinner
50:57
last night. Go back to the pre show, check
50:59
it out. I got a couple of picks, but
51:01
thank you so much again. Good morning here to Sean Bass
51:05
and Mr. Bass, this is your initial appearance in each of
51:08
your cases clause #25 DCCR 0832 and 0833.
51:13
You're charged with aggravated sexual assault of a child from
51:19
March 14th of 2023 and June 1st of 2024.
51:23
Since you've made bond in your cases, have you had an
51:26
opportunity to try to hire a lawyer?
51:28
So what I'm going to do, Mr. Bass, is reset your case about
51:32
30 days. Let's see.
51:35
So this is 1. You were certified as a
51:45
juvenile, is that correct? You got their family court stuff
51:52
first, Juvenile. OK.
51:58
All right, So I'm going to reset your case.
52:00
How old are you now? 18?
52:02
Are you working? Why not?
52:07
Give. Me.
52:12
Just a second. You're not still living at the
52:32
same place with the complaining witness, right?
52:35
Yeah. OK.
52:36
So what I'm going to do this morning is appoint you an
52:39
attorney, Mr. Bass. OK.
52:44
So. You'll keep Mr. Rojas as your
52:46
attorney. He's not here yet, but step in
52:49
front of the clerk. She'll give you his information
52:51
and when you need to contact him.
52:52
OK. Brandel Griffin.
53:20
Hello. Good morning.
53:21
You're Brandel Griffin. And Mr. Griffin, did you talk to
53:24
some attorneys or get someone hired?
53:26
Talk to. Three more I.
53:27
Couldn't get no one hired. All right, who'd you talk to,
53:29
Mr. Judge Walker. Son Kyle.
53:36
Sonny Hickers. And.
53:41
OK, thank you for taking care of that.
53:43
Mister Griffin. I'm going to have you fill out
53:45
some paperwork this morning to see if you qualify for a court
53:48
appointed lawyer. You need to make sure you fill
53:50
it out accurately and completely because of the swear underoath.
53:52
It's all true and correct. If you'll step to the clerk on
53:55
the end, she'll give you that paperwork.
53:57
Barbara, thank you for gifting 5 memberships.
54:00
Very generous this morning. I surely appreciate that.
54:02
I really do. By the way, that merch that
54:05
you're looking for, I am still working on that.
54:08
So hang tight. I'm getting closer.
54:10
I just want it to be want it to be right you.
54:13
Don't have anything on him? Call.
54:15
Or anything. No response, John.
54:34
Thank you. I'm gonna.
54:36
We haven't heard from him. I think what I'm going to do
54:38
just based on the weather is reset it one week instead of
54:40
forfeiting the bond. So Kelvin Johnson will reset one
54:43
week. Anthony McFarland, you're so
54:51
sneaky. On Ramirez, Judge, that's not a
54:55
case. That's going to be.
54:55
Dismissed for doing the class. She did complete it.
54:58
Our investigator spoke with her and really didn't think that
55:00
it's a case that should be dismissed.
55:02
OK. Sounds good.
55:03
I'll take care of it. Thank you, Mr. Nichols.
55:19
I'm going to do the same thing on that case and reset it one
55:21
week. Mr. Ramirez.
55:25
Come back up, Sir. So Mr. Ramirez, the
55:38
investigator, has spoken with the complaining witness, and
55:41
even though she's taken that class, they are not inclined to
55:44
dismiss the case. So what that means is you're
55:47
going to need to get you an attorney.
55:48
So I'll reset your case for about 30 days to give you some
55:51
time to get a lawyer hired. If you get someone hired before
55:54
the next court date, bring the reset notice that you get to
55:57
them. They'll tell you what to do if
55:59
you're unable to hire someone before that next court date.
56:02
And I'm ordering you to visit with at least three lawyers and
56:04
then bring me their names. So I know you're trying and
56:07
we'll discuss options. OK, Step in front of the clerk.
56:18
So I've got my eyes on a bunch of different courtrooms across
56:21
the country. It's kind of a mixed bag this
56:23
morning. Some of it's probably weather
56:24
related, a lot of people not showing up.
56:29
Some courts that are usually running aren't quite going yet.
56:32
I'm going to hang with Judge W here for just a little bit.
56:35
Looks like they're queuing up some stuff in Judge Colada's
56:38
court, so barring something else, will probably go there in
56:42
the next few minutes. I know.
56:44
Walker, 25. DCCR 1212.
56:52
Just seen him call, just called me to make sure everything.
56:55
'S OK if. I could just have a couple of
56:57
minutes. Yeah.
56:58
I think we're going to. Get OK.
57:00
I'll hold. Let me go.
57:01
Hey, would you call his name, please?
57:04
David Biano. He's standing together.
57:08
With. One of you I know.
57:12
I got out of the jury box. I wasn't comfortable.
57:14
I didn't want. To be drug tested.
57:18
You never know what happens when you get sitting when you're
57:20
sitting over there, you know? Yeah, I'll hold it while y'all
57:33
checking it out. Thank you.
57:34
Sure. See Mr. Morian, you have Carolyn
58:02
Whitaker 2 cases. I saw him just walk in.
58:16
The weather here was not is not near as bad as it wasn't jacked.
58:19
No, it's not. And you could have called
58:21
because, well. It could have been no the roads
58:22
were great. They were fine.
58:24
I know they. They're perfect.
58:25
I travel one time anyway, so I mean.
58:28
You're gonna. I'm all right.
58:30
It would justify having that we. Could have had you pick up some
58:33
others and bring them down on your way.
58:35
I try to keep it toward. If I don't show up, something
58:39
is. Something's bad.
58:40
Something is bad wrong, you know.
58:42
Did we lose them? Yeah, I was.
58:47
I felt that. I texted Tom Kelly this morning.
58:49
I asked to take said anything, he said.
58:53
Yeah, we got our county Good. I'll hold it for just a minute.
58:58
Listen, let me hold it. Mr. Macon, you've got Bethany
59:21
Lozo Diaz. It's a sentencing.
59:44
This is Mr. Hoffpowers sentencing.
59:47
It's agreed if somebody could. Thank you, Mr. Nichols.
59:56
All right, ma'am, you are Bethany Loza Diaz.
59:59
And Miss Loza Diaz was previously in court, entered A
1:00:02
plead guilty to driving while intoxicated with a child
1:00:04
passenger. I've received that pre sentence
1:00:07
report. Has everyone had an opportunity
1:00:09
to review the report? Any additions or corrections?
1:00:14
All right, Miss Loza Diaz, I'm going to find that you
1:00:16
previously entered your plea of guilty freely and voluntarily
1:00:19
find sufficient evidence to find you guilty and at this time find
1:00:22
you guilty of the state jail felony offensive driving while
1:00:25
intoxicated with a child passenger sentence you in
1:00:28
accordance with your agreement to a term of two years in the
1:00:30
state jail prison, but probate that for five years.
1:00:33
You're ordered to pay a $1000 fine and to follow all of the
1:00:36
rules and conditions of probation.
1:00:39
If you do that, then for all practical purposes, your case
1:00:41
here in court is over and you'll be able to serve that to your
1:00:44
sentence while you're out on probation.
1:00:46
The other side of that, though, is if you violate any condition
1:00:49
of probation, you can be brought back into court and then you
1:00:52
could go to the state jail prison for up to two or for that
1:00:55
two years. You've already agreed to.
1:00:56
Do you understand I'm handing you the trial court
1:00:59
certification that shows that this was an agreement that I
1:01:02
followed. And so you've waived your right
1:01:04
to appeal. I also handed you a written
1:01:06
admonishment regarding your ineligibility to possess a
1:01:09
firearm or ammunition. Because of the judgment entered
1:01:12
against you, you're ineligible under Texas law to possess a
1:01:15
firearm or ammunition. Possession of a firearm or
1:01:18
ammunition could lead to charges against you.
1:01:21
Firearm is a legal term. And you should read the written
1:01:23
admonishment I provide you to see what devices qualify as a
1:01:26
firearm. If you have questions about the
1:01:28
laws that make you ineligible to possess a firearm or ammunition,
1:01:32
or about how long that lasts, you can talk with Mr. Macon.
1:01:35
All right, ma'am, if you'll just have a seat here in the
1:01:37
courtroom, probation, we'll call you up to her desk when she's
1:01:39
ready to go over your paperwork. Good luck to you, Mr. Padgett.
1:01:44
You have Catherine Castillo sentencing Castillo.
1:02:07
Oh, yeah. Yeah, yeah, yeah.
1:02:12
Trinity Bell. She went out to check on.
1:02:17
Her, she's normally. Here on this.
1:02:18
How are you this? Morning, good.
1:02:19
How are you? Oh, here we are.
1:02:22
OK, she's not. One I worry about.
1:02:28
So good morning, you're Catherine Castillo.
1:02:31
So before we go further, when I was reviewing the pre sentence
1:02:35
report, there's a new or another driving while intoxicated from
1:02:41
July of 2025. Miss Werner contacted your
1:02:48
office I think and they contacted the lab the IT was
1:02:54
waiting on lab. They've pulled the case and the
1:02:58
evidence is going to get tested in the next batch, whatever that
1:03:01
means. And so I guess I'm wondering
1:03:04
what the plan is on that case, if we need to wait for
1:03:07
sentencing on this if it? May be.
1:03:10
Better it obviously gives me some concern that she was on
1:03:13
bond for one and. I'm not opposed to that.
1:03:16
Got arrested for another and it also be another.
1:03:20
Yeah, Yeah. So are, do you have the auto
1:03:25
ignition interlock device on your vehicle?
1:03:28
You don't. Are you driving?
1:03:30
No. Do you have a car?
1:03:33
Do you ever drive? OK, You cannot.
1:03:36
A condition of your bond already is.
1:03:38
If you're not aware, you should be.
1:03:41
But if you're not, then you cannot drive any vehicle that
1:03:44
does not have that auto ignition interlock device on it.
1:03:56
I'm I feel like I think I want a SCRAM device.
1:04:06
And that was. A suggestion that Mr. Smith.
1:04:08
Had noted. On his PS.
1:04:09
Yeah, I realized that both of those things are probably.
1:04:19
She does work full time but the only thing I would be concerned
1:04:21
about is the finances. But.
1:04:23
I mean, it's it's a requirement to have the auto ignition in her
1:04:26
law by law. But I want proof that you have
1:04:33
that on your car this week. If you need to get it on your
1:04:37
car, you need to send proof that you have it installed to Mr.
1:04:40
Padgett. If I don't have proof of that by
1:04:42
let's say Wednesday at 5:00, then there will be an order
1:04:46
number one, that you don't Dr. #2 that you wear a SCRAM device.
1:04:49
So I want, I want proof of that by Wednesday.
1:04:52
OK, All right, I we're going to hold this because we contacted
1:04:56
Miss Warner, contacted your office and the they contacted
1:05:02
the lab and there's a new case and they're going to have it
1:05:05
tested with the next batch. Yes, I mean it's in the PSI
1:05:10
that's that's. The. 1st place I saw.
1:05:13
It. Yeah, first I knew of it
1:05:14
actually. Yeah.
1:05:15
All right. Yeah, you're exclusive.
1:05:17
Thank you, your honor. I appreciate.
1:05:18
It. Thank you, ladies.
1:05:20
Thank you. All right, friends, let's change
1:05:22
it up. New contestant up with Judge
1:05:25
Colada in Lake County, Ohio. Let's go there.
1:05:31
Take your honor to please the court.
1:05:34
We're before the court this morning.
1:05:35
The matter of the State of Ohio. There's Martin Martinez, case
1:05:38
number 25 CR 1102. The defendant is present in the
1:05:44
courtroom with his attorney, Mr. John Fatika.
1:05:47
We're before the court this morning for purposes of
1:05:49
sentencing, the defendant having pleaded guilty and been found
1:05:53
guilty of 1 count theft, a felony of the 5th degree.
1:05:57
Parties are ready to go forward, John.
1:05:59
Thank you, Mr. Fatigue, any reason not to go forward with
1:06:01
sentencing? No, Your Honor.
1:06:03
Anything you want to say on behalf of your client?
1:06:06
I'd like to start by saying that Mister Martinez understands he
1:06:09
used very poor judgment not to show for his PSR.
1:06:14
He did turn himself in voluntarily, 34 years old.
1:06:18
He's currently employed as a laborer for Desk Desk Deck
1:06:21
Rescue. He has six children.
1:06:25
The youngest of his children, both under 2 years of age, live
1:06:29
with him and his fiance. He has 16 days of jail credit as
1:06:36
of today. How many?
1:06:38
16. 1616, I think you said 60. We've submitted a number of
1:06:44
letters that demonstrate that he has support of family and
1:06:47
friends. He's been active in a a, he's
1:06:51
been a sponsor in the past. He relapsed here.
1:06:56
And again, we understand that the court's options are limited,
1:06:59
but we asked, we asked for a liens.
1:07:02
Thank you. So, Martinez, you have the right
1:07:07
to address the court before you're sentenced.
1:07:09
You can say anything you want. Is there anything you want to
1:07:11
say at this time? Yeah, I wanted to apologize to
1:07:15
the victims. I know they're not here.
1:07:19
Mike and Anna were were very kind to me in my life and
1:07:22
provided me with an opportunity when I was in early recovery
1:07:26
several years ago. I don't know where things went
1:07:29
wrong and I don't have an excuse for what I did for them and I
1:07:34
hope I can make restitution and and a personal amends to them.
1:07:39
I'd also like to apologize to my family sitting over there.
1:07:43
They've stood by my side for 20 years of addiction and even even
1:07:50
with the good years, I know there's always that anxiety of
1:07:53
the next relapse. And I just love you and thank
1:07:57
you for always being there for me.
1:08:00
I'd like to address to you, I'm sorry I didn't show up.
1:08:03
I wasn't in my right mind and I just, I just want to put this
1:08:07
behind me. That's it.
1:08:13
Take anything else on behalf of the defense.
1:08:16
No, thank you, Your Honor. For the state of Ohio.
1:08:21
Thank you, Your Honor. You know Mr. and Missus Day are
1:08:24
not here today, but I'll tell you, Mr. Day was here the last
1:08:28
time we had a sentencing set in this matter.
1:08:30
He sat in that hallway and he waited patiently to express to
1:08:34
the court how the defendant's actions have heard he himself
1:08:38
and his wife and his business. The amount of restitution here
1:08:45
is $6006.07. 6006, yes. That's what we can show that
1:08:52
doesn't include the times that the defendant is seen on video
1:08:55
reaching his hand into the shared tip jar and taking cash.
1:08:59
That also doesn't additional conduct that there the the days
1:09:05
just simply didn't have time to scrutinize the the days were
1:09:10
very active and and and helpful in submitting documentation of
1:09:15
the theft to the Manor Police Department.
1:09:17
Your Honor and Mr. Day put together a spreadsheet that
1:09:20
delineated every single time that the defendant stole from
1:09:23
them. There's 188 entries in those
1:09:28
months of time and every single one, the Days looked at the
1:09:33
video, documented it, wrote it down so that we could prove that
1:09:38
the defendant stole this money, which was not an easy task.
1:09:42
And, and that took a lot of effort on their part over and
1:09:46
above being victimized by the theft.
1:09:49
They had to do all that. Mrs. Day confided in me that
1:09:55
they had a prior incident with the defendant where he was
1:09:59
stealing from them, but they gave them another chance because
1:10:03
they, the days know that the defendant has children to
1:10:06
support and they did not want the defendant's children to
1:10:10
suffer. And he just talked them into
1:10:14
that. He's a decent guy and and then
1:10:16
he should get another chance. Missus Day does not feels very
1:10:22
strongly that that's not the case, that this is not a
1:10:24
situation of a good guy with the drug problem.
1:10:28
This is sustained criminal conduct that hurt them and is
1:10:32
worthy of incarceration and punishment.
1:10:35
The defendant does have credit for 16 days.
1:10:38
Thank you. Thank you.
1:10:56
This Court has considered the facts and circumstances of the
1:10:59
offense involved in nature of the offense.
1:11:02
I don't have a pre sentence report to consider because the
1:11:05
defendant failed to appear the probation department for his
1:11:09
interview and for the preparation of the pre sentence
1:11:12
report, so one was not able to be completed.
1:11:17
I did receive a victim impact statement and I've read and
1:11:19
considered what the victims had to say.
1:11:22
I received multiple letters in support of the defendant from
1:11:26
family members, acquaintances, and I've read all of those and
1:11:29
taking those into consideration, I've considered what's been said
1:11:33
here today by the defendant himself, his lawyer, the
1:11:36
prosecutor. All this is considered by the
1:11:40
court and the purposes and principles of felony sentencing
1:11:44
set forth in 2929. Eleven for the factors in 292912
1:11:50
the Court finds in regards to factors that make the offense
1:11:54
more or less serious, that the victims in this case
1:12:08
not only suffered serious economic harm but also emotional
1:12:12
harm. They entrusted the defendant and
1:12:17
he violated that trust. The economic harm as alluded to
1:12:25
by the prosecutors, not the only loss they had.
1:12:29
They spent hours and hours putting stuff together in in in
1:12:34
researching and investigating what happened here.
1:12:40
The defendant's relationship with the victim facilitated the
1:12:42
offence. Then they had a position to
1:13:00
trust with the victims and the business there and use that
1:13:03
position of trust to commit this crime.
1:13:08
No factors indicate that the offense is less serious than
1:13:11
normal. And this took place over 7 month
1:13:15
period of time. This wasn't just a one time
1:13:17
incident that occurred, which is what most offenses are.
1:13:20
This was seven months of planning and scheming.
1:13:24
Every time money is taken, it's it's, it's a crime itself and
1:13:29
it's planned out and it's scheme and the cover up has to be
1:13:32
involved. And it did this over and over
1:13:35
and over 180 sometimes and minimum.
1:13:43
And they trusted you, they helped you.
1:13:46
They give you advances on your pay every, every paycheck almost
1:13:54
because you talked about how you were in financial need and
1:13:56
straight dire straits and you had kids to support.
1:14:00
They went out of their way to help you and that's how you
1:14:03
treated them. No factors again make this less
1:14:08
serious. As for recidivism factors, the
1:14:14
court notes that the defendant has a drug abuse problem.
1:14:17
I don't know if it relates to the offence or not, but he
1:14:22
hasn't done anything to address it. 20 years you've lettered 1
1:14:27
letters mentioned 18 year of opioid addiction, he mentioned
1:14:32
20, hasn't done anything to address it.
1:14:38
He violated the conditions of his bond and using drugs while
1:14:41
on bond and failing to appear, the Probation department failing
1:14:47
to appear for a sentencing. Even though he turned himself
1:14:49
later in that day, he wasn't here for a sentencing.
1:15:00
Factors in the cambridism is less likely.
1:15:02
The defendant doesn't have any criminal history.
1:15:05
He's LED a law abiding life for a significant number of years.
1:15:08
It in terms of any convictions, he's been using drugs for 20
1:15:12
years and obviously that's against the law, but he hasn't
1:15:17
been convicted of any offenses with that.
1:15:19
The problem here is that you shouldn't show up for your pre
1:15:29
sentence report and you were specifically advised when we
1:15:32
were here last time. And in order to be considered
1:15:35
for probation a pre sentence investigation had to be
1:15:38
completed. In order for a pre sentence
1:15:41
investigation to be completed, an interview with you had to
1:15:43
take place. And you were specifically told
1:15:47
if you fail to show up for that interview, probation cannot
1:15:50
complete a report and the court doesn't even have the lawful
1:15:53
authority to put you on probation.
1:15:55
And you're also told that if you, the court will not continue
1:16:00
the sentencing to some later day to get the report done because
1:16:03
it wasn't completed initially due to your lack of cooperation.
1:16:10
And you even mentioned about how you had used shortly before
1:16:13
that. And I specifically even told you
1:16:16
I watched the video before I came out here at the last
1:16:18
hearing. I go, even if you're afraid of
1:16:21
being arrested, you need to show up.
1:16:23
It's important to show up no matter what.
1:16:25
And you didn't show up, so I can't put you on probation and
1:16:30
of the authority to do it. And you were specifically told
1:16:35
that and you made that conscious decision not to do it, not to
1:16:42
come in. And even in this case, you were
1:16:51
supposed to show up in December 22nd.
1:16:54
You didn't show up to probation. They contacted you and they
1:16:57
spoke to you and they rescheduled it after the
1:17:00
holiday. So if you would have gone on the
1:17:02
22nd, you would have been arrested, wouldn't have been
1:17:03
able to spend the holiday with your kids.
1:17:08
But they let you then give you another week the December 29th.
1:17:14
So here's there's a warrant out for you.
1:17:16
You could have been home with your kids for the holiday and
1:17:18
still got your pre sentence report done.
1:17:19
Now they didn't ask me about that beforehand.
1:17:22
I don't know if I would have allowed it, but they allowed it.
1:17:25
You didn't show up on December 29th, so any talk about wanting
1:17:28
to spend holidays with family and kids, there may be some
1:17:32
something to that. But then December 29th rolls
1:17:35
around after the holidays and you still don't show up.
1:17:39
December 30th and January 1st and January 3rd, you don't show
1:17:42
up. That's the decision you made.
1:17:51
Knowing the consequences, that's a decision you made.
1:17:54
So there's nothing I can do about it.
1:17:56
I'm not going to continue the sentencing to a later day to get
1:17:58
a report done because you chose not to.
1:18:00
You don't want to report. It's the only thing I could
1:18:03
assume. I've been doing this for 22
1:18:07
years and that's I've done that all the time when people don't
1:18:10
show up. There's no reason to have to
1:18:12
create some exception in this particular case to evaluate the
1:18:18
conditions of your bond prisons consistent with the purposes and
1:18:20
principles of sentencing. And if you can't show up to the
1:18:24
probation for a simple interview, I can't find you
1:18:27
amenable to probation. I mean, that's one of the basic
1:18:29
conditions is you have to report your probation officer.
1:18:31
Second, whatever other conditions have to be followed,
1:18:34
you can't use drugs, use drugs. When you turned yourself in,
1:18:38
you're positive for cocaine, marijuana and fentanyl.
1:18:42
So you're using this whole time you were out.
1:18:43
I have. A drug problem?
1:18:49
So violate the conditions of his bond prisons consistent with the
1:18:52
purposes and principles of sentencing.
1:18:54
Again, the defendant is not amenable to any available
1:18:56
community control sanctions the offense here and it's not just a
1:19:02
possession of drug charge. You stole from people over 7
1:19:06
month period of time thousands of dollars.
1:19:10
It deserves to be consequences. Therefore, as a sentence to this
1:19:15
court, that account one defendants serve a term in
1:19:17
prison of nine months. He has credit for 16 days he's
1:19:20
already served. I need to advise you upon your
1:19:23
release, you could be placed on post release control for up to
1:19:25
two years. If you are on post release
1:19:28
controlling and violating those conditions, the parole authority
1:19:30
can return you to prison as punishment for violating their
1:19:33
rules for another 4 1/2 months, the maximum being 15, excuse me,
1:19:37
50% of the prison term I just imposed.
1:19:40
Any additional prison term imposed for violating post
1:19:42
release control is being imposed a part of the sentence at this
1:19:45
time or disapproves the defendant's placement in program
1:19:48
shock incarceration, intensive prison program or transfer to
1:19:51
transitional control. And it's where the payout costs
1:19:55
and it's further order to pay restitution to the victims.
1:19:57
The amount of $6006.07 to be reduced by any amount that the
1:20:03
victims may receive from insurance proceeds.
1:20:06
So I know a claim was made and hadn't been resolved by the time
1:20:12
the victim infant tax statement. At a minimum, they'll it'll be
1:20:15
$1000 deductible, but I'm putting the full amount now
1:20:19
again to be reduced by whatever amount is received from
1:20:21
insurance proceeds. I think that covers everything.
1:20:25
Mr. Ptero, anything else? For the record, no.
1:20:29
Your Honor, thank. You, Mr. Pratika.
1:20:32
No, thank you, Your Honor. All.
1:20:37
Right. Good luck.
1:20:40
OK friends, do me a favor in the chat.
1:20:41
What was he sentenced to? I heard the restitution amount,
1:20:45
but I was looking at something else, so if you could fill me in
1:20:47
on that, I'd appreciate it because I might discuss this one
1:20:50
in hour 4. Speaking of hour 4, if you're a
1:20:53
channel member, you can join me in hour 4, but to get that link,
1:20:57
you need to be in our Discord server.
1:21:00
Lily, nine months. Thank you.
1:21:02
You need to be in our Discord server.
1:21:04
So Barbara, if you'd be so kind as to drop a link for that in
1:21:07
the chat, if you're not already signed up on Discord, go there
1:21:10
and make sure that your YouTube account is linked to your
1:21:14
Discord account because that's what brings over the member
1:21:17
benefits, the member access. Anywho, let's let's go back to
1:21:22
Judge West. Good morning.
1:21:33
All right. This is cause Numbers 24 DCCR
1:21:36
21822183 Miss Whitaker's charged with aggravated sexual assault
1:21:41
as well as injury to a child, elderly or disabled individual.
1:21:45
And what's the announcement? It's already.
1:21:48
It's already Your Honor I. Believe there were some
1:21:53
discovery that now has been given.
1:21:55
OK. On offer objective the last.
1:21:58
Time we were ready. To and there hasn't been any
1:21:59
change. It was a Kappa 40 with a
1:22:02
dismissal in the other correct. Yes, you are.
1:22:04
All right, So I will get it set on the next available trial
1:22:07
docket and we'll get it taken care of.
1:22:09
Stay in touch with Mr. Morgan. He'll let you know when you need
1:22:11
to be back and ready for trial. Thank you.
1:22:13
Thank you, I have the excuse. Yes Sir, Take care, be safe
1:22:16
going back. So that's something you don't
1:22:20
see every day, a woman charged with sexual assault.
1:22:25
I mean, we see it. We see it a lot with teachers,
1:22:27
with male students. But that doesn't appear to be
1:22:31
the case here. Yeah.
1:22:35
We'll have to keep an eye on that one, Ashley.
1:22:36
I don't. I don't know if we got her name,
1:22:39
but if we did, could you mark it down for me just so we can
1:22:42
remember that? Because now I'm.
1:22:43
I'm curious as to facts behind this one.
1:22:46
Oh. My goodness.
1:22:49
She says she's on the move on. The move?
1:22:52
Things are about to be get real. Miss Mofino on Angel Coleman is
1:22:57
a sentencing. Good morning, ma'am.
1:23:03
Are you Angel Coleman and Miss Coleman?
1:23:14
You were previously in court entered a plea of guilty to
1:23:16
aggravated assault with a deadly weapon.
1:23:19
I've received that pre sentence report.
1:23:20
Has everyone had an opportunity to review the report?
1:23:24
Are there any additions or corrections?
1:23:28
Hi, Miss Coleman, I'm going to find that you entered your plea
1:23:30
of guilty freely and voluntarily find sufficient evidence to find
1:23:34
you guilty. However, I'm going to follow the
1:23:36
agreement that you made with the District Attorney and defer all
1:23:39
proceedings and place you on probation for six years.
1:23:42
You're ordered to pay the $500 fine and to follow all of the
1:23:45
rules and conditions of probation.
1:23:47
If you do that, this is an excellent opportunity because
1:23:50
you do not have a felony conviction on your record.
1:23:53
And at the end of the probation, if you're successful, the case
1:23:56
will actually be dismissed. Will never be a convicted felon,
1:23:59
which is huge, especially your age.
1:24:02
The other side of that though is if you violate any condition of
1:24:04
probation, you can be brought back into court, you could be
1:24:07
found guilty. So you would be a convicted
1:24:09
felon and I could sentence you to prison anywhere in the range
1:24:12
of that punishment, which is between two years and up to 20
1:24:15
years in prison. Do you understand for?
1:24:17
The court also order that 9. $100 from restitution.
1:24:23
Please, any objection to that? Also, as a condition of your
1:24:27
probation, you will be ordered to pay the $900 in restitution.
1:24:33
And I want to make sure that restitution at least is paid
1:24:36
half upfront or with the fees and fines and not put off.
1:24:39
All right, so I'm handing you the chalkwork certification that
1:24:43
shows this was an agreement that I followed.
1:24:45
And so you've waived your right to appeal.
1:24:47
You just need to have a seat here in the courtroom.
1:24:49
Probation will call you up when she's ready to go for your
1:24:51
paperwork. Good luck to you, ma'am.
1:24:54
Diamond Ollie, that's a sentencing something.
1:25:06
'S. Familiar about this?
1:25:18
No, I'm just something's familiar, I thought.
1:25:21
Someone either sent me an e-mail or a message.
1:25:25
I've been speaking with family court on this.
1:25:28
Maybe that's what it is. Remember.
1:25:33
Everything's been good, at least from the stateside.
1:25:36
OK, through. It was him, Randy.
1:25:40
Yes, OK. Like I knew there was something.
1:25:44
Everything good? That's all I need.
1:25:47
To do. That's what I got.
1:25:50
Yes. Yes.
1:25:51
All that sounds familiar. Perfect.
1:25:53
All right, ma'am, here. Diamond Ollie and Miss Ollie was
1:25:56
previously in court, entered a plea of guilty to injury to a
1:26:00
child. I've received that pre sentence
1:26:01
report. Has everyone had an opportunity
1:26:04
to review the report? Are there any additions or
1:26:07
corrections? All right, ma'am, I'm going to
1:26:10
find that you entered your plea of guilty freely and voluntarily
1:26:13
find sufficient evidence to find you guilty.
1:26:15
However, I'm going to follow the agreement that you made with the
1:26:17
District Attorney and defer all proceedings and place you on
1:26:20
probation for five years. You're ordered to follow all of
1:26:24
the rules and conditions of probation.
1:26:26
And that includes what I'm going to order is that you can have
1:26:30
contact with your child only as approved by CPS.
1:26:34
So you have to follow all of their rules, the safety plan and
1:26:38
all of that stuff. And so whatever they say is OK,
1:26:42
I'm going to rely on them and you will be able to do it.
1:26:45
If they say it's OK, then you'll be able to have contact.
1:26:48
If they say no, then it's no. All right, you understand?
1:26:51
All right. I'm going to hand you the trial
1:26:53
court certification that shows this was an agreement that I
1:26:56
followed. And so you've waived your right
1:26:57
to appeal. You need to have a seat here in
1:26:59
the courtroom. Probation will call you up to
1:27:01
her desk when she's ready to go over your paperwork.
1:27:03
Good luck to you, ma'am. No fine.
1:27:08
No fine. Thank you, Mr. All Power.
1:27:12
Kira Rogers. Your Honor, we're can we, we're.
1:27:15
Asking for a little. Time on that I have an offer.
1:27:18
For. Restitution.
1:27:20
And she thinks she can be able to come up with it.
1:27:21
OK. All right, so we'll just do a
1:27:23
normal reset about 30 days. And so, Miss Rogers, if you can
1:27:26
come up with that before the next court date, then we'll see
1:27:29
what takes place. If not, stay in touch with Mr.
1:27:32
Parker. So we'll see what gets worked
1:27:33
out in your case. OK, you're free to go, ma'am.
1:27:37
Caitlin Talmore sentencing, can you?
1:27:41
Hear me. Hey there was some feelings hurt
1:27:50
she. Came in and told her.
1:27:51
She said go. She told me not to run.
1:28:00
Kaitlyn Talmore. Hey, George was all warm last
1:28:05
night. He's also not good up in that
1:28:06
blanket I gave you. There he is.
1:28:10
Socks, blanket, what else? Oh yes.
1:28:20
Oh no. Good morning.
1:28:25
Are you Caitlin Talmore And Miss Talmore was previously in court,
1:28:30
entered a plea of guilty to evading arrest or detention with
1:28:32
the use of a vehicle. I've received the pre sentence
1:28:35
report because everyone had an opportunity to review that
1:28:37
report. Are there any additions or
1:28:41
corrections? And so you already are on
1:28:45
probation for the DWI from that same date.
1:28:48
OK All right. Then I'm going to find that you
1:28:50
entered your plea of guilty freely and voluntarily find
1:28:53
sufficient evidence to find you guilty.
1:28:55
However, I'm going to follow the agreement that you made with the
1:28:57
District Attorney and defer all proceedings and place you on
1:29:00
probation for three years. You're ordered to pay a $500
1:29:03
fine and to follow all of the rules and conditions of
1:29:06
probation. If you do all of that, this is
1:29:08
an excellent opportunity because you do not have a felony
1:29:11
conviction on your record. And at the end of the probation,
1:29:14
if you successfully completed the case is actually dismissed,
1:29:17
you'll never be a convicted felon.
1:29:19
The other side of that, though, is if you violate any condition
1:29:21
of probation, you can be brought back into court, found guilty.
1:29:24
So you would be a convicted felon and sent to prison for
1:29:27
anywhere in that range of punishment, which is between two
1:29:29
years and up to 10 years. Do you understand?
1:29:32
All right, I'm handing you the trial court certification that
1:29:35
shows that this was an agreement that I followed.
1:29:37
And so you've waived your right to appeal.
1:29:40
You just need to have a seat here in the courtroom.
1:29:41
Probation will call you up to her desk when she's ready to go
1:29:43
over your paperwork. Good luck to you, ma'am.
1:29:45
Thank you, Mr. Parker. All right, let's stay in the
1:29:50
building, but walk across the hall, say good morning to Judge
1:29:53
Stevens. I've saved up a substantial
1:29:57
amount of retainer for a digital forensics expert and I
1:30:03
anticipate that he will be hired in the next two weeks such that
1:30:09
what I would request is just in terms of being practical.
1:30:16
I think, yeah, that would be a nice indeed thing. 90 days would
1:30:21
we would be ready what you say. Let's by comparison to the rest
1:30:28
of the trial docket judges relatively young, so I have no
1:30:31
objections. It certainly is not 4 digits.
1:30:36
Oh, but yes, Sir. It's not even a year.
1:30:39
What does? It say are there any issues of
1:30:43
conditions of release that need to be dealt with here?
1:30:46
I think you've done that previously, Judge, but that's.
1:30:48
What? You remember that one?
1:30:52
I'm. Going to say no.
1:30:53
Discharge. What does my concern is
1:30:56
involving images of people who may be close to it.
1:31:00
That's what I'm worried about. Dealing.
1:31:03
With this is. Maybe it's not, I don't know,
1:31:07
the only fear. That state has is his Internet
1:31:09
uses because that that's the the driving factor on this on this
1:31:14
case. I have no evidence that it
1:31:17
involves anybody that is close to him in relationship in. 90
1:31:26
days. He takes a long time to tell you
1:31:32
the expert. I'm going to do.
1:31:34
I'm going to reset it two months, OK, 8 weeks and then
1:31:38
we'll have it'll be times that will be viewed.
1:31:41
Yeah, I was going to. I would ask that so that I can
1:31:44
determine. If I need to do the get a reset
1:31:47
engine. Leon Davis, thank you.
1:31:53
It's in custody. And again, where is have we
1:31:56
heard from Mr. LeBlanc at all? Yep, OK.
1:32:03
Hector Alvarez was reset, so let me pull all of these that are
1:32:11
going to be sets. Here's your own Ned, and here is
1:32:39
Hector della Wolfsop. And then that was Jose Delaosa.
1:32:48
Hector Alvarez is this one. Who's ready on the plea?
1:32:56
Yes. Mr. Garcia, Mr. OK, I guess one
1:33:17
day I'll get. Used to this.
1:33:18
Show I have a picture of his family again I.
1:33:21
Don't know. I'll give you yours for the
1:33:24
member. Gives me that.
1:33:27
That much you're asking? If I want to reach ones, not
1:33:31
yet. You know what they said he and I
1:33:33
have talked about? Everything in depth.
1:33:37
Well, we certainly were written in depth
1:33:55
213700 not exactly names is now called Mr. are you Mr. Garcia?
1:34:00
Please see that later first. Thank you, Press.
1:34:02
Your right handful. Square on the truth.
1:34:04
Left. You're talking about.
1:34:07
OK, you get the right ink. There's a lot there.
1:34:12
Can you get up one more time? There's a long way here in this
1:34:20
case from not being able to speak English at all to very
1:34:26
neatly written in English multi page document.
1:34:30
And you are Jonathan Garcia. Yes.
1:34:35
And you speak English, correct? Is that yes or no?
1:34:39
Yes. OK.
1:34:40
Yeah, she has to take everything we say.
1:34:45
And this case is called 21-370, Jill.
1:34:49
Yes, well, I thought she was talking about 21-37009.
1:34:56
You were charged with the second degree felony of aggravated
1:35:00
assault. You understand that?
1:35:02
So you were here with your attorney, Mr. Eckert, and the
1:35:06
State's attorney. Does the defendant waive a
1:35:09
formal reading of this indictment and the arraignment?
1:35:12
Can we proceed in some? We do judge anything.
1:35:14
In summary, Mr. Garcia, this indictment, it was handed up a
1:35:19
while back in April of 21. We're going on five, almost five
1:35:25
years now and in summary, this states that honor about April
1:35:33
4th, 2021 in Jefferson County, Texas.
1:35:39
You committed the second degree felony of aggravated assault,
1:35:43
and it states that you intentionally and knowingly and
1:35:46
recklessly caused bodily injury to another person with the use
1:35:51
of a deadly weapon, namely A handgun, by shooting the
1:35:56
complainant in the upper part of his body.
1:35:59
Do you understand what you're charged with here?
1:36:01
Yes. This is a second degree felony
1:36:17
under state law, which means if convicted, you face a term of
1:36:21
not more than 20 years or less than two years in prison.
1:36:24
In addition, a fine may be assessed not to exceed $10,000.
1:36:29
Do you understand the punishment range?
1:36:33
Are you a United States citizen? You're not.
1:36:37
Do you understand? If you are not a United States
1:36:40
citizen, the plea of guilty may result in your deportation,
1:36:45
exclusion from admission to the United States, or denial of
1:36:49
naturalization under United States federal law.
1:36:53
You understand the risks that you take.
1:36:59
Agreement has been reached in your case where you would be
1:37:03
pleading guilty, sentenced to six years in prison.
1:37:07
You will be given credit for all time you have served in
1:37:10
accordance with this case. Is that your understanding of
1:37:14
the plan? If I follow this agreement such
1:37:18
you have no right of appeal of your case.
1:37:21
Do you understand? Today is January 26th. 26th.
1:37:40
Yes, Sir. How do you plead, Sir, to this
1:37:47
charge, the second degree felony of aggravated assault in this
1:37:50
indictment, guilty or not guilty?
1:37:53
Guilty. Are you pleading guilty
1:37:55
voluntarily? And because you are guilty of
1:37:58
what this states, I'm going to show you with your attorney what
1:38:03
is marked as States Exhibit 1. Did you sign that document
1:38:07
voluntarily, understand it, discuss it with your attorney or
1:38:11
the contents? All true and correct.
1:38:14
State's Exhibit 1 is tendered into evidence and without
1:38:17
objection it is admitted. Among other things, this states
1:38:21
that you are mentally competent to enter your guilty plea which
1:38:25
is freely and voluntarily made. You know what?
1:38:28
You've been charged with the indictments been read to you.
1:38:30
You read it. You are guilty of the crime
1:38:32
charged and any lesser included offenses.
1:38:35
You are giving up your rights to a jury trial and the rights to
1:38:39
the appearance, confrontation, cross examination of witnesses,
1:38:42
totally satisfied with the representation provided by your
1:38:45
lawyer in this case. All of this is true.
1:38:47
It states so help you God correct states.
1:38:52
Exhibit 1 is made of part of the record without objection.
1:38:54
Without. Objection.
1:38:55
It is so done. Presenters report is waived
1:38:58
here. Yes, Sir.
1:39:00
If nothing further to add, I am going to follow this agreement
1:39:03
that has been reached here. Mr. Garcia, I'm going to find
1:39:07
that you are mentally competent to enter your guilty plea.
1:39:13
It is freely and voluntarily made you understand and
1:39:17
appreciate the consequences of pleading guilty.
1:39:20
There's sufficient evidence supporting your guilty plea from
1:39:22
State's Exhibit 1 here admitted to find you guilty beyond a
1:39:26
reasonable doubt. I now find you guilty beyond a
1:39:30
reasonable doubt of the second degree felony of aggravated
1:39:33
assault. I am following this agreement.
1:39:36
You were hereby sentenced to confinement in the Institutional
1:39:39
Division of the Texas Department of Criminal Justice to serve a
1:39:43
term of six years. Additionally, the Court is going
1:39:48
to make a finding that based upon the allegations in the
1:39:52
indictment for what the defendants pleaded guilty to, a
1:39:55
deadly weapon, namely A handgun, was used in the Commission of
1:40:00
this offense and it will be show so rendered as an affirmative
1:40:04
finding on the judgment. Do you understand what has
1:40:08
happened today, Sir? Yes, Sir.
1:40:10
OK. Stand by just one minute, please
1:40:26
let me just. Look at one one thing.
1:41:09
You have a family. Where?
1:41:13
Arlington. Texas.
1:41:14
Argentina, Arlington. His his wife and children live
1:41:18
in Arlington, TX. Arlington.
1:41:19
She is, she is the United States minister.
1:41:32
So why were you here in Beaumont, Jefferson County?
1:41:37
Why weren't you living in Arlington when this happened?
1:41:41
You were here at work, the working.
1:41:44
What were you doing? What work do you do?
1:41:47
Constitution. Construction he works concrete
1:41:50
judge you know your family is very
1:42:11
important. This is what I'm reading here,
1:42:14
that you say this in your letter, and they are.
1:42:22
It's why it's very important when you make decisions, you
1:42:27
have to consider how that might affect the people you care for
1:42:33
very much. Who wrote this letter?
1:42:41
You've you've signed it. Does somebody help you write
1:42:44
this? Yes.
1:42:46
OK. I'm making a fun of somebody.
1:42:50
OK, and they put it in English. Same letter just rewritten and
1:43:20
all right. Is there any, how much credit
1:43:23
does he have, Judge? He has about the year and three
1:43:27
or four months, I believe. He was on bond.
1:43:30
Initially and that bond eventually, yeah.
1:43:37
Dallas County. Dallas County, well, you will be
1:43:41
giving credit for all of that, but under because of the crime
1:43:46
that was committed because a deadly weapon was used, you must
1:43:49
have credit for 1/2 of the Senate.
1:43:51
So 1/2 of six years is 3. You have to get credit for three
1:43:55
years. You're toward, you're well
1:43:58
toward that, but it may be a little while longer before you
1:44:02
can be released. But I think they normally do
1:44:05
that when it reaches that half point, that halfway at three
1:44:10
years. Once you get that, they're going
1:44:11
to get you released. OK, Take care of your family.
1:44:15
Thank you, Judge. All right.
1:44:16
Thank. You.
1:44:22
I have Anthony Kennedy, Mr. Reynolds.
1:44:26
He needs to be. Fingerprinted.
1:44:32
Kennedy well, that one was an old 1.
1:44:50
Thank you. What is he?
1:44:52
There's three cases. What's he going to be pleading
1:44:54
to? The sexual assault.
1:44:57
And the and decency by exposure and then another a third case
1:45:03
indecency with a child will be dismissed.
1:45:06
That's correct. Yes.
1:45:08
Does she He needs to go in front of her.
1:45:10
OK. Thank you.
1:45:27
And. You are Andrew?
1:45:35
Yes, Sir. Three cases are are called
1:46:00
176917701771 and a numerical sequence. 1769 alleges that you
1:46:08
committed the second degree felony of sexual assault of a
1:46:11
child. 1770 alleges you committed indecency with a child
1:46:20
and that is a second degree felony and then a third degree
1:46:23
felony is alleged in 17701771 and that is indecency with a
1:46:32
child in that case and that is third degree felony.
1:46:36
So in the two second degree felonies you were looking at no
1:46:39
less than two nor more than 20 years confinement in prison and
1:46:42
in the third degree felony that is up to 10 years in prison.
1:46:45
So a total of 50 years in prison is at issue here in these three
1:46:53
cases. So it's my understanding you
1:46:57
were going to be pleading guilty to 1769 and 1771 sexual assault
1:47:04
of the child, second degree felony and the third degree
1:47:06
felony of indecency with the child.
1:47:08
Judge on the third degree. Felony I.
1:47:10
Think I checked the wrong box. That's OK, we can fix it.
1:47:14
And then in 1770, that second degree felony of indecency with
1:47:18
the child will be dismissed as part of this agreement.
1:47:21
Was that your understanding of the master plan, Sir?
1:47:24
Yes, you should. So you were here with your
1:47:31
attorney and the state's attorney, Mr. Williams.
1:47:36
Does the defendant wave formal readings of these indictments?
1:47:39
And Aramis, can we proceed in Sunday?
1:47:41
He does. And you, Major?
1:47:42
OK. And 176923CR1769 in summary, so
1:47:53
this honor about December 22nd, 2022 in Jefferson County, Texas,
1:47:57
you committed the second degree felony of sexual assault of a
1:48:00
child. You understand what you're
1:48:02
charged with in this case. Yes.
1:48:10
If convicted, you were looking at no less than two nor more
1:48:12
than 20 years confinement in prison and a fine up to $10,000
1:48:16
can be assessed. Do you understand the
1:48:18
punishment? The punishment range applicable?
1:48:21
Yes Sir, an agreement has been reached in your case where you
1:48:30
would be pleading guilty, sentenced to 10 years
1:48:33
imprisonment. This would run concurrently with
1:48:38
the 23 CR 1771 case and 23 CR 1770 will be dismissed.
1:48:48
As far as agreement, is that your understanding of the
1:48:51
agreement? Yes, Sir.
1:48:53
If I follow all of this, you have no right, no right of
1:48:56
appeal of your cases. Do you understand?
1:48:59
Yes, Sir. How do you plead in this case,
1:49:02
Sir? Guilty or not guilty?
1:49:03
Guilty. Are you pleading guilty
1:49:05
voluntarily? That is on your own free will
1:49:10
and because you are guilty. Yes, Sir.
1:49:13
I'm going to ask for secure something happened on that.
1:49:16
I don't know what happened there.
1:49:19
Well, just we signed. Thank you.
1:50:02
Somebody leave these pads out in the cold last night, but they're
1:50:07
really acting funny. There's a delay I've noticed.
1:50:14
In 1771, Sir, this indictment is a third degree felony and
1:50:19
decency with a child by exposure and it was checked off as a
1:50:26
second. I'm changing it to the third.
1:50:28
Yes, Sir, which means you face a term of not more than 10 years
1:50:33
or less than two years in prison.
1:50:35
In addition, a fine may be assessed not to exceed $10,000.
1:50:38
Do you understand that, Sir? Yes, Sir.
1:50:41
The agreement in this case is you would be pleading guilty,
1:50:44
sentenced to 10 years in prison to run concurrently with the
1:50:48
previous case that you've pleaded guilty to, and then
1:50:52
cause number 1770 will be dismissed as part of this
1:50:58
agreement. We are getting new pads this
1:51:08
year, right because. It's text Mary Thelma test one
1:51:10
we were going. To did you told me that?
1:51:13
I'll let you know. You told me that six months ago.
1:51:14
I'm I'm. Getting an update asking the
1:51:18
judge. Hasn't been a year yet.
1:51:20
It's like Santa didn't show up for Christmas.
1:51:22
I'm a little upset. Well, maybe.
1:51:24
We didn't make the good list. Keep.
1:51:48
If I follow this agreement, Sir, you have no right of appeal of
1:51:51
your case, Do you understand? Yes, Sir.
1:51:53
How do you plead on this case, Sir?
1:51:54
Guilty or not guilty? Guilty.
1:51:56
Are you pleading guilty voluntarily and because you are
1:51:59
guilty? Yes, Sir.
1:52:00
I'm going to show you what's marked as State's Exhibit one
1:52:03
for each of these two cases you have pleaded guilty for.
1:52:06
Did you sign those documents voluntarily?
1:52:08
Understand them, Discuss them with your attorney.
1:52:10
Are the contents all true and correct?
1:52:12
Yes, Sir. State's Exhibit 1 tendered into
1:52:14
evidence without objection. Admitted among other things.
1:52:17
This states you in each case. Stacy did it.
1:52:20
One states that you were mentally competent to enter your
1:52:23
authority. Please freely and voluntarily
1:52:25
made you know what you mean. Charles with the dumps and
1:52:27
Reggie. You've read it.
1:52:29
You were guilty of the crimes charged in any less included
1:52:31
offenses. You can have your rights to a
1:52:41
jury trial. The appearance of counsel.
1:53:09
In each of these two cases, voluntarily, you are mentally
1:53:12
competent to do so. You understand and appreciate
1:53:15
the consequences of pleading guilty.
1:53:17
There's sufficient evidence pulling a guilty plea from
1:53:20
State's Exhibit 1, admitted here, to find you guilty beyond
1:53:23
a reasonable doubt. I now find you guilty beyond a
1:53:26
reasonable doubt of each of these two cases, Sir, and I'm
1:53:30
following these agreements. You were hereby sentenced to
1:53:33
confinement in the Institutional Division of the Texas Department
1:53:37
of Criminal Justice to serve a term of 10 years on each of
1:53:40
these cases, and the sentences shall run concurrently with each
1:53:45
other. Do you understand what has
1:53:47
occurred today, Sir? And 23 CR 1770, that case will
1:53:55
be dismissed as part of this agreement.
1:53:57
Do you understand anything else to add on this?
1:54:01
He gets credit for. His of course he does.
1:54:03
He gets credit for all the time he has served in a court of
1:54:06
these cases. Also, do you understand there
1:54:11
are certain requirements now that you must have?
1:54:14
You have, You are now a sexual offender under the laws of the
1:54:22
state of Texas, which means that you have to register as a sex
1:54:26
offender because of each of these two cases that you have
1:54:30
been found guilty of. Failing to register properly can
1:54:35
result in additional felony charges being filed and you
1:54:40
could be then sentenced to additional punishments for
1:54:45
felony offenses. Please make sure that you
1:54:48
understand the requirements and you follow them.
1:54:53
Anything else to add? No, Sir.
1:54:55
OK, thank you. That it's all.
1:54:57
Good luck. I'm going to also, I think there
1:55:05
is a it's a dismissal. I don't see it yet.
1:55:09
Well, for first time in a long time, a crime against child in
1:55:16
front of Judge Stevens didn't get a free dinner to the Sizzler
1:55:18
that night. So there's that.
1:55:22
Good morning once again, everybody.
1:55:23
TCF live. It's Monday.
1:55:24
Good to have you all here. I know there's a lot of new
1:55:26
people out there this morning. Please do say hi in the chat.
1:55:30
This is this is the best community in law tube.
1:55:32
A lot of good people here. So interact with them.
1:55:34
You'll like it. Let's change it up.
1:55:38
Maybe something a little lighter.
1:55:39
Maybe Michigan. Judge Middleton.
1:55:43
Mr. Fletcher is in custody has been in custody for 38 days
1:55:48
according to my calculation. Prosecuting Attorney Debra Davis
1:55:53
is present as well as Assistant Abby Stoll.
1:55:58
Let's start with the Fletcher case.
1:56:00
It is set for 10:30. Mr. Fletcher was charged with
1:56:03
aggravated assault for an incident that occurred at the
1:56:07
odors on December 19th. He's been in custody.
1:56:12
I. Think since that time the
1:56:18
defendant is also on probation, Cass County and I believe was
1:56:24
headed to the probation center. Mr. George, this is a case I
1:56:31
think we needed some help from Pivotal or other mental health
1:56:34
services. If I didn't.
1:56:36
Call the case. It's 252602 people versus Travis
1:56:41
Fletcher. Mr. George, what's the status
1:56:45
here? Thank you, Rhonda.
1:56:47
I've had the opportunity to see some correspondence from Miss
1:56:51
Frank, who's our individual pivotal at the jail, as well as
1:56:55
some conversations with my client.
1:56:57
I think what's clear here is there is significant diagnosis,
1:57:01
mental health concerns. With my client.
1:57:05
Since he has been in custody, it's my understanding that he
1:57:08
has been medicated. That was one that was consistent
1:57:22
here. He did come in at the first pre
1:57:25
trial and enter a plea of guilty to the charge of defense.
1:57:31
It's my view from talking to him, your honor, that this was a
1:57:37
cry for help for him. Doesn't justify what he did, but
1:57:44
I think it gives the court some reason why he did what he did.
1:57:49
But any time that anybody in the community is affected in this
1:57:52
way, Mr. Fletcher understands that it's not acceptable.
1:57:57
Going forward, I think there's going to have to be a
1:57:59
significant mental health treatment component for Mr.
1:58:04
Fletcher. Indicates that he wants to be
1:58:07
committed to some type of facility so he has the ability
1:58:10
to access those resources. I think he does have concerns
1:58:14
that he's not in custody, whether he can access his
1:58:16
medications that he needs. But I also at the same time
1:58:19
understand that he is currently on MDOC probation out of Cass
1:58:23
County. So I don't know if this court
1:58:26
is, you know, looking to try to put him on any type of
1:58:28
supervision here. We're significant supervision of
1:58:32
broadcasting. All in all, your Honor,
1:58:35
obviously this is a, it's not a good situation.
1:58:38
The facts are terrible, but I would just ask the court to
1:58:41
consider some of the mental health concerns that my client
1:58:44
has and we're making a termination on what's most
1:58:46
appropriate. Thank you.
1:58:47
I believe I did make a referral to Miss Frank at the jail after
1:58:52
this flea and I'm pleased to hear that she's she's doing a
1:59:01
great job. I can't say enough good things
1:59:03
about her. She follows up every time I ask
1:59:06
her for help. But what's his status with Cass
1:59:09
County? Is he still envisioned to be
1:59:11
going to the probation center or do we know what the what their?
1:59:17
Yeah, I asked. I asked him what his
1:59:20
understanding of what Cass is going to do.
1:59:22
And I don't know that that's clear based on some information
1:59:26
and Miss Davis. If she has more.
1:59:28
Accurate information can correct me, but I think that there was
1:59:31
some type of issue about there was supposed to be a hold or
1:59:35
something that was put on the place and not released.
1:59:37
And I'm I'm assuming at this point that hold has been
1:59:40
corrected. So I would imagine when this
1:59:43
sentence is over, Cass is going to deal with it.
1:59:46
I don't know specifically what they're going to do, but I think
1:59:49
he's going to have to address that caster situation.
1:59:52
Yeah, as I understand it, he was improperly released from the
1:59:58
jail, went from the jail to Yoders where this happened.
2:00:05
I'm not sure how what the status of all that is, but Miss Davis,
2:00:10
you've got any more enlightenment for us on this
2:00:12
maybe. A little bit, Your Honor.
2:00:16
Unfortunately I don't have. A copy of.
2:00:18
His PSI from Cass County to kind of reference, like what his
2:00:23
guidelines were and what they're playing.
2:00:25
What was the charge? So the charges were possession
2:00:28
of methamphetamine and malicious destruction of fire and police
2:00:34
property and Arno. I.
2:00:38
Believe. Yes.
2:00:40
So he was sentenced to confinement for 365.
2:00:44
Days. And then a concurrent probation
2:00:46
of 36 months. So his sentencing was in August
2:00:54
of 25. The arrest by the Duaja Police
2:00:58
Department was in February of 2025.
2:01:02
So it appears that from my understanding of of all these
2:01:06
different agencies and people involved that he completed his
2:01:10
jail term at Cass but was then being.
2:01:14
Placed at the. Twin County Probation Center.
2:01:17
But when he got to the probation center, he said that he didn't.
2:01:21
Think that this. Was part of the deal.
2:01:22
He didn't want to be here, didn't want to do this.
2:01:24
And there was some sort of commotion caused which then
2:01:29
caused the jail to. The.
2:01:32
Police to come and take him to the jail and they notified Cass
2:01:36
County. It's my understanding that Cass
2:01:38
County planned to come over and get him and take him back to
2:01:42
Cass County, but there was some sort of confusion with paperwork
2:01:46
being faxed over ahead of time and they released him before
2:01:51
Cass County got there to pick him up.
2:01:53
Which is what led to, yes, him walking through the village of
2:01:56
Centerville looking for a ride in the Dollar General and not
2:02:01
getting one and going to Yoders and doing what he did.
2:02:05
I understand that mental health obviously is, is an issue.
2:02:11
However, you know, these are things that he lied to the
2:02:15
officer and said he tripped. And then we have very good video
2:02:19
showing that he did not, in fact, trip this family mother
2:02:25
and the two children are extremely traumatized over this.
2:02:30
Thankfully there was a lot of people around standard, standard
2:02:34
like went and chased him and. They had a good.
2:02:36
Description of him and he was able to be picked up, but that
2:02:41
doesn't cure the issues here. I'm hopeful.
2:02:45
That Cass County has a straddle cell prison time waiting for him
2:02:50
because he's not safe to be out in the community.
2:02:52
Obviously, whether mental health issues or drug issues or a
2:02:57
combination thereof, we have serious concerns and we would
2:03:01
ask for the full year in jail for this.
2:03:05
The victim would like to speak. She obviously is is shaken up
2:03:10
over all of this. Other than that, we would.
2:03:15
Ask the. Court, You want to hold him in
2:03:16
our jail for a year before Cass County does their potential
2:03:20
prison commitment. I don't necessarily.
2:03:22
Want to hold him here for the year, but if he's sentenced then
2:03:25
I can guarantee that he's going to be either here or MDOC.
2:03:32
I don't know what Cass County might do on the PV.
2:03:36
But. I mean, the problem is nobody
2:03:38
asked. I was hoping maybe somebody
2:03:41
would have talked to Cass County and said what's the plan here?
2:03:45
But we don't know that. But certainly this is a scary
2:03:52
circumstance. And I've been in contact with
2:03:55
Cass County since the day this happened.
2:03:57
So they are aware of what happened.
2:04:01
They were aware of what the bond was set at in my concerns that
2:04:05
if you were to somehow post bond to make sure that they had their
2:04:08
hold in place. So I've not heard back.
2:04:11
So do we believe the Cass County hold is in place?
2:04:15
I'm not sure they haven't returned my.
2:04:27
You're nodding your head. Do you have some knowledge about
2:04:29
this? Hello, Deputy Studebaker.
2:04:35
Judge Middleton calling from the bench.
2:04:37
Does Cass County have a hold on Travis Devon Fletcher?
2:05:01
What was the date of that? What was the data that the most
2:05:57
recent detainer? All right.
2:06:22
Thank you. Bye.
2:06:26
He was supposed to have a detainer as of December 18th,
2:06:29
but apparently something happened and he got rearrested
2:06:33
and according to deputies Studebaker, Cass County placed a
2:06:36
detainer on him, a probation detainer on December 19th.
2:06:41
So there is currently detainer for Cass County.
2:06:44
So if he were to postpone, he would go to Cass County.
2:06:50
And your Honor? Part of the request for a
2:06:54
significant amount of jail time is based on the unknown for Cass
2:06:58
County. If he's he's used on all of his
2:07:01
local time. So Cass County probation
2:07:03
violation, if they go forward with it, it's either nothing and
2:07:08
you continue on probation or you go to DOC.
2:07:12
Those are the two options that appears and my concern is that
2:07:16
if they choose to not send him to DOC and he's just released on
2:07:23
probation, that that would be a disservice to our community.
2:07:27
So also there is restitution that is being requested.
2:07:32
However, it's a significant amount of medical bills and the
2:07:36
victim does not have everything in order.
2:07:40
All I saw was a $50. That was her vest.
2:07:44
Vest. Yes.
2:07:45
Is there more? Yes, she had to go to the
2:07:48
hospital. She had CT scan.
2:07:51
Her knee is injured from it. So there's a significant amount
2:07:57
of medical that will be coming, obviously.
2:08:01
We don't have that yet. No, she's working on getting the
2:08:05
information from the hospital. She went to Three Rivers Health
2:08:09
for those tests. Have they submitted a crime
2:08:12
victims rights claim on her behalf?
2:08:17
I don't know. Somebody.
2:08:18
Busting out of a flooded. Backroom.
2:08:21
Backroom they're. Probably working on it.
2:08:24
I I don't know if they have or not.
2:08:27
We can certainly explore that and obviously with the
2:08:32
defendant's situation, getting restitution from him, it's going
2:08:36
to be very difficult, but we would just ask that restitution
2:08:42
be reserved, OK. On that, and your complainant
2:08:46
wishes to speak, Miss Morrissey, would you come forward?
2:08:51
Can. I have her sit at.
2:08:55
Night. Yeah, that'd be fine.
2:09:07
Good morning. Would you state your name for
2:09:08
the record, please, Allison? Morrissey.
2:09:12
Could you spell your last name? Morr, ISSEY All.
2:09:19
Right. What would you like me to know?
2:09:26
It was Thursday afternoon about 4:30 PM and my and my 2 girls
2:09:40
and I we're heading to Sturgis. We're my oldest tumbling
2:09:44
practice. They talked me into stopping for
2:09:50
Donuts and yoders, which we've done a few times before.
2:09:56
It's a few days before Christmas, so we say hello.
2:09:59
Merry Christmas to the Salvation Army bell ringer outside.
2:10:04
Upon entering the store, we see their 12 days of Christmas
2:10:07
giveaway and I fill out a piece of paper to enter.
2:10:11
The girls notice that they have an elf hidden somewhere in the
2:10:14
store, so as we make our way over to the bakery side for
2:10:17
Donuts, they're looking for the hidden elf.
2:10:22
My girls decide on a donut to share and I grab a box to fill.
2:10:26
I set the box down briefly and put on the provided plastic food
2:10:30
gloves and get ready to open the first case to get their donut.
2:10:35
As I'm putting on the glove, I am shoved into the glass donut
2:10:39
case and see glass shatter in front of my face.
2:10:44
For the time it. Takes to be body stamped into
2:10:46
the case and for me to turn around.
2:10:49
I see a man running for the door and yelling as he exits.
2:10:54
I stand there in disbelief for a moment and see my bleeding hands
2:10:58
cut from the glass and quickly ask my girls if they're OK.
2:11:03
They are silent but managed to tell me they are physically OK.
2:11:08
A male customer approaches me and asks if I know that guy and
2:11:12
I say no I've never seen him before in my life.
2:11:16
This kind man then takes off running after the man who just
2:11:19
shoved me. Another customer, a female and
2:11:23
two employees tend to my care when asked do you want me to
2:11:27
call 911 And my response was yes please.
2:11:31
The customer and other employee took me and my girls into a
2:11:34
bathroom around the corner to help clean me up as we waited
2:11:37
for the police and the EM TS. I'm in utter shock, confusion
2:11:43
and just running on adrenaline. I must have asked my girls if
2:11:47
they were sure they weren't hit about 50 times.
2:11:50
My oldest only eight. I'm so incredibly proud of her.
2:12:05
We've practiced making emergency calls before but thankfully
2:12:10
never had to utilize it until this day.
2:12:15
I instructed her to call daddy and my mom.
2:12:18
She was so calm and really the necessary information to both.
2:12:24
I fully believe her staying calm helped her younger sister, only
2:12:28
6, to also stay calm. This in turn helped me.
2:12:35
I get my hands all cleaned and bandaged up and head back out to
2:12:40
the main bakery area to wait for someone, anyone to arrive.
2:12:45
At this point I've noticed that the vest I was wearing was
2:12:48
ripped in a couple places from the impact and my knees are
2:12:53
really starting to bother me. My mom arrives first and I have
2:12:59
a brief moment of relief and cry as I hug her and she takes my
2:13:03
babies away from the area. Then the police arrived and told
2:13:08
me that the man had already been detained thanks to the
2:13:11
description given by the employee through dispatch and
2:13:14
the customer who went after him. He claims he tripped and I guess
2:13:19
that's what he yelled as he ran away.
2:13:22
The employee was phenomenal in making sure I'm OK in providing
2:13:25
her witness statement and guiding officers to view the
2:13:28
surveillance. EMT has arrived and brought me
2:13:31
outside to check me out. It's starting to rain outside
2:13:36
and I'm still running on adrenaline.
2:13:39
Prior to them arriving I had my daughter take photos of my face
2:13:43
and shoulder which are both red from impact.
2:13:46
Police climb aboard the ambulance and do the same as
2:13:49
well as photograph my hands and knees.
2:13:51
I'm shaking as I sit in the ambulance when my husband
2:13:54
finally arrives, having to leave in the middle of work.
2:13:59
We decided to go to the hospital ourselves and not take up an
2:14:02
ambulance for someone who might really need it.
2:14:05
As I'm able to walk though with a lot of pain, I say goodbye to
2:14:10
my mom and babies and off to the hospital I go.
2:14:13
I had to sit for a couple hours in the waiting room before being
2:14:17
taken back to a room. As I sat, my head began pounding
2:14:21
and I had to ask for some pain medication.
2:14:23
My knees are throbbing as I sit in a wheelchair and I asked for
2:14:27
an ice pack. I received both and to just
2:14:31
touch the ice gently to my knee was excruciating.
2:14:35
Once back in a room, I've now had to explain my situation for
2:14:38
the fifth time. My husband and I are sitting in
2:14:42
our room and I'm just trying to deep breathe through the pain
2:14:44
and the thoughts of what just unfolded hours ago.
2:14:49
I'm sent back for a head CT due to the impact of my face and
2:14:56
X-rays for both of my knees clear and I just need all these
2:15:00
cuts and bruises to heal. Once I finally make it home to
2:15:04
my babies now 11:30 PM and send my mom home, the toll on my
2:15:09
children begins. The whole time I'm at the
2:15:13
hospital my mom is with them and I keep asking if I'm OK.
2:15:17
I chat with them briefly on the phone to help calm their nerves
2:15:20
while also helping calm mine. What's home is where it really
2:15:24
begins. The nightmares causing both my
2:15:28
children to have to sleep with me at night.
2:15:32
Me holding them tight as they tell me it was very scary.
2:15:38
Emotional toll really doesn't hit me until the next morning.
2:15:42
Being pregnant twice before. Never have I ever experienced so
2:15:46
many emotions or the amount of crying.
2:15:50
My youngest looks like she's seen a ghost and starts acting
2:15:53
out her being fixated on something so much she's in full
2:15:57
tantrum and hysterics if she doesn't get her way.
2:16:01
When I finally get her calmed down and figured out it has
2:16:04
nothing to do with what she's fixated on, she tells me I don't
2:16:08
want it to happy happen again. I'd gone to the salon where my
2:16:13
mom works to get a pedicure because I needed something
2:16:16
normal and just for me. Knowing my mom was there was
2:16:20
comforting if I didn't feel like I could be alone.
2:16:23
We still don't. My husband takes the children to
2:16:26
the store after dropping me off to get the groceries we were
2:16:29
unable to get the night before. Once home, my youngest tells me
2:16:33
she saw a man that looked like him and I don't want it to
2:16:36
happen again knowing what she meant by this.
2:16:39
She must have seen an African American man because that's who
2:16:42
assaulted me. Being a Christian woman and a
2:16:46
homeschooling mom, I've taught my children that God says
2:16:49
there's only one race, the human race.
2:16:52
I had to be mom and talk about how we know there are bad people
2:16:55
in the world and some of those bad people want to hurt us.
2:16:58
That's why we stay close to mommy when out.
2:17:01
But there are also more good people within the world, like
2:17:04
those that helped us that night. And while I can't say it'll
2:17:08
never happen, we have to always choose to see the good in people
2:17:11
because that's what God wants. Nightmares continue for my
2:17:15
children and myself. Being so close to Christmas, I'm
2:17:18
not now looking forward to it, but I have to for my children.
2:17:23
While I'm currently scared to be alone, loud noises scared me.
2:17:27
Someone coming up from behind me just to check on me makes me
2:17:29
jump. I can't let this man control my
2:17:32
life. I'm a mom.
2:17:34
And for that reason I feel like I'm caring three times the
2:17:37
weight of emotions and trauma as my kids were involved.
2:17:41
Christmas with family afterwards is something I wasn't prepared.
2:17:44
For. I feel as if you took my
2:17:46
independence and sense of security away.
2:17:49
I've sought guidance from a counselor to help me process the
2:17:52
events and to help my children heal.
2:17:55
The two things she suggested I do with my girls are one, ask
2:18:00
them what was the worst thing that happened and two, picture a
2:18:03
pie. It has 8 slices.
2:18:06
We'll call this the responsibility pie.
2:18:08
How many pieces of pie does each person or persons get?
2:18:12
Who is to blame or responsible for what happened?
2:18:15
Mom, you sister or the man? Both of my children answered the
2:18:20
same for both when sitting down separately with myself and my
2:18:23
husband. The glass breaking was the worst
2:18:26
part because it hurt mommy and the man gets all 8 pieces of the
2:18:30
pie. And my youngest clearly saw more
2:18:33
than what she claims, that she gave me a complete description
2:18:36
of what the man was wearing. My oldest remembers a black blur
2:18:40
because it was so fast. Images they will never be able
2:18:43
to get out of their heads. Just eight and six years old.
2:18:46
While my face is finally healed, the knot on my bruised shoulder
2:18:50
still remains, which after returning to the doctor for a
2:18:53
checkup, shows the knot is actually a hematoma that's
2:18:57
formed. My thigh and left knee bruising
2:19:00
are fading, and while my right knee remains the worst from the
2:19:03
impact, my hands still bear cuts and I'm reminded every day of
2:19:07
the horrific trauma we experienced while just minding
2:19:09
our business. The bruises and cuts will heal,
2:19:13
but the scar that's been left in my heart is permanent.
2:19:17
I'm a strong woman and will overcome this.
2:19:20
I have to for my girls. I won't let him get away with
2:19:23
stealing my Independence Oregon security.
2:19:26
I'm labeled now as a victim, but I choose to be a survivor.
2:19:31
I've told my girls that jail is grown up, time out for when
2:19:35
grown-ups do something wrong and need to be punished.
2:19:38
We're resting easier at night knowing he is where he should be
2:19:41
and not harming anyone else. The youngest says I hope he's in
2:19:45
time out for a long time and if it's his birthday that they
2:19:49
don't give him any birthday cake or ice cream as punishment.
2:19:53
I can't imagine letting someone out into our world who would go
2:19:56
around and assault another human being, let alone a mother and
2:19:59
her children for no apparent reason.
2:20:02
I feel safer knowing he's locked up and hopefully remains there
2:20:05
for a long time. As I sit here now, a month after
2:20:10
the incident, I'm just now starting to feel comfortable
2:20:12
with going out by myself or with my children again.
2:20:16
Was finally able to allow a friend to give me a quick hug,
2:20:19
something I have been guarded against.
2:20:22
The idea of physical contact or being surrounded by others makes
2:20:26
me nervous, even if those people are friends or family.
2:20:30
My injuries are fading, though my right knee now requires
2:20:33
physical therapy. I'm hoping that today allows me
2:20:38
to feel as though I can breathe again and a weight has been
2:20:41
lifted. Only time will tell.
2:20:44
I'm a Christian woman, so therefore I don't wish ill will
2:20:47
on anyone. However, I also believe in
2:20:50
justice to the full extent of the law and pray that this man
2:20:54
receives no leniency on the punishment for his crime and
2:20:57
then he gets help as a result of his actions.
2:21:00
Whatever his claim for his reasoning is no excuse for the
2:21:03
torment and random act of violence he carried out.
2:21:07
Thank you. Thank you, Mr. Fletcher, you got
2:21:13
to hear live and in person what this incident affected on this
2:21:19
woman and her family. I did make a referral on the day
2:21:25
of your plea, January 2nd to our local Pivotal.
2:21:33
Have you been in contact with Lauren and working with the
2:21:37
people at Pivotal here in Saint Joseph County?
2:21:39
I've. Talked to her.
2:21:42
That we didn't talk, all right, Apparently didn't see much.
2:21:47
One of my notes, I said we need police report, victim input and
2:21:53
input from the Cass County Department of Corrections.
2:21:57
We got the first to what? We don't know what Cass County
2:22:01
has in mind. Mr. Fletcher, this is your
2:22:05
opportunity to say anything you want me to know This thing you
2:22:09
want to say. I apologize.
2:22:12
I know, I know. Apology, apologies, you know,
2:22:15
sometimes aren't accepted. I just want to let you know that
2:22:18
I'm still sorry. That's a start.
2:22:21
I don't know. Exactly what happened there
2:22:24
because of my health issues at the first opportunity with a
2:22:31
lawyer, You did accept responsibility for the charges.
2:22:34
Aggravated assault. Assault comes in different
2:22:38
varieties from assault and battery up to first degree
2:22:41
murder. Aggravated assault is a
2:22:44
misdemeanor. It's punishable by up to a year
2:22:47
in jail on a fine of up to $1000.
2:22:50
That charge closely fits these facts.
2:22:54
It's an injury that requires medical treatment, but it did
2:22:59
not involve a weapon and did not involve intent to commit great
2:23:03
bodily harm. So the charge fits what I
2:23:07
understand the facts to be. And there's a dilemma here.
2:23:15
I think I cancelled the defendant's bond at the time of
2:23:18
his pleas. Been in jail now for 38 days.
2:23:23
He's on probation on a felony charge in Cass County.
2:23:30
They gave him 365 days in the county jail, which is the most
2:23:34
you can do on a felony charge. Anything over 365 days requires
2:23:42
a prison sentence. They also then put him on
2:23:46
probation and apparently he was going to go like finish out his
2:23:51
probation for a term at the Twin County Community Probation
2:23:55
Center and Three Rivers. The Twin counties are cast, and
2:24:00
Saint Joe County started that program jointly almost 50 years
2:24:05
ago. We now take inmates from
2:24:09
defendants from a number of counties.
2:24:11
But it's a cast Saint Joseph County thing.
2:24:15
I don't know what happened. The ball got dropped.
2:24:20
The defendant got released from the jail, which never should
2:24:24
have happened. And now we're seeing the
2:24:26
consequence to this lady and her family.
2:24:30
It's a strange kind of offense. There's a mental health
2:24:34
component to it, to be sure. I don't think it no insanity or
2:24:40
diminished capacity defense has been raised.
2:24:43
The defendant simply accepted responsibility.
2:24:47
So all that Cass County has left is either, as Miss Davis says,
2:24:52
to kick him off probation. Florida Institute of Prison
2:24:56
sentence. Hopefully if someone commits A
2:24:59
felony aggravated assault while they're on a felony probation,
2:25:05
that should be basis for a probation violation.
2:25:10
But nobody ever asked. My fear is if I grant 365 days,
2:25:16
they may just call it good and discharge them from probation.
2:25:23
At that point there'd be no additional supervision.
2:25:28
But we don't know. If I gave him time served, they
2:25:43
would be compelled to do something.
2:25:53
I would rather he was on some sort of continued supervision in
2:25:57
Cass County, but we don't know the answer to that.
2:26:00
My fear, as I said, if I simply grant 365 days in jail, he'll do
2:26:05
300 days -38 and then he'll be out without any supervision.
2:26:13
And there's no sense for me to put him on probation because I
2:26:15
would have used up every available day of jail.
2:26:20
So I'm going to try this. I'm going to do 100 days jail
2:26:26
credit 38 leaving 62 days to serve.
2:26:31
May be released to Cass County Department of Corrections.
2:26:42
I'll put to Cass County on detainer.
2:26:52
Fine is 0. I referred him for mental health
2:26:56
services and apparently he didn't avail himself of it.
2:27:00
Much $125.00 in costs which are required are two additional
2:27:07
days, and I'll reserve as Miss Davis requested on restitution.
2:27:16
Miss Carr. Mr. Fletcher, have you heard
2:27:19
anything from your probation agent since you've been
2:27:22
arrested? This gives them 62 days to do
2:27:36
something. As I said, even in a World War
2:27:39
and an offense like this would warrant a probation violation.
2:27:49
And what you point out is the randomness of the world we live
2:27:53
in. You live in a community that we
2:27:56
like and we consider it to be safe.
2:28:00
The odors might be our favorite place anywhere.
2:28:04
If you think of a safe place, that would be it.
2:28:08
You're in there on a Thursday with your kids.
2:28:11
Nothing unusual. Mistakes were made and a
2:28:15
lightning bolt strikes and you get shoved through a plate glass
2:28:23
cabinet. I've been there.
2:28:24
I know exactly where this took place.
2:28:33
I guess we're all subject to the vagaries of randomness.
2:28:40
You didn't deserve this and I hope you can get some healing
2:28:44
from this. He wasn't mad at you.
2:28:47
This was not focused on you. You were in the wrong place at
2:28:52
the wrong time and the only way we can avoid that is it never go
2:28:57
anywhere or never do anything. You're going to continue to live
2:29:02
your life and do things with your kids and have a family.
2:29:08
You can't never go anywhere or never do anything.
2:29:12
Mr. Fletcher, you need some significant mental health
2:29:16
intervention. I tried to start some of them.
2:29:18
You are interested, the probation center, if they hadn't
2:29:25
accidentally let you out of jail, might have been a good
2:29:28
start for some of that. At any rate, that's my sentence.
2:29:32
100 days credit 38, leaving 62 days, $125.00 in fines and costs
2:29:39
or two additional days and you may be released to Cass County
2:29:43
on their detainer if they so elect.
2:29:47
All right. So you can go with the court
2:29:48
officer. Thank you.
2:29:51
I did get a text during the hearing from Victor 5th and he's
2:29:55
checking on. What I have?
2:29:56
To like to. Do OK, we'll follow.
2:29:59
Up. Thank you.
2:29:59
All right. Thank you.
2:30:03
So that's something we do not see in Judge Middleton's court
2:30:07
every day, a serious crime, a victim impact that's quite that
2:30:13
impactful, just not stuff we normally see there.
2:30:17
So I just pulled this from the interwebs.
2:30:19
This is a picture inside of Yoder's in Centerville.
2:30:24
Looks like a cool store, to be honest.
2:30:25
And all the time that I lived in Michigan, I've never been there.
2:30:29
But next time I go up to Michigan, I think we'll take a
2:30:32
look. Barbara asks, what did he get?
2:30:34
He got 100 days to serve credit 38, and he's got something else
2:30:39
going on in Cass County where this might have violated that
2:30:42
probation. So Judge gave permission for
2:30:45
Cass County to come and get him. And yeah, that's kind of where
2:30:52
that stands. So that's what's going on there.
2:30:55
That's what Yoder's looks like. If you're curious.
2:30:58
I'm going to have more to say on this an hour for I'm sure.
2:31:03
And yeah, All right, just shaking my head here a little
2:31:08
bit. Let's go to go back to Judge
2:31:12
Stevenson, Texas. 039 is now called the state of Texas versus
2:31:16
Romero. Romeo Williams is that you Sir?
2:31:21
Yes. Yeah.
2:31:21
Speak out. So she gives.
2:31:22
OK. Mr. Burbank is here representing
2:31:25
you. The state's attorney is here.
2:31:26
Does the definitive wave a formal reading of this
2:31:28
indictment and arena. Can we proceed In summary he
2:31:31
does in your mayor. In summary, this indictment
2:31:34
alleges that honor about June 6th, 2023, in Jefferson County,
2:31:39
Texas, you've committed the third degree felony of unlawful
2:31:42
possession of a firearm by a felon.
2:31:44
Do you understand what you're charged with here, Sir?
2:31:49
It's a third degree felony, which means you face a term of
2:31:53
not more than 10 years or less than two years in prison.
2:31:55
In addition, a fine may be assessed not to exceed $10,000.
2:32:00
Do you understand an agreement's been reached in your case where
2:32:05
you would be pleading guilty? This is 5 listen.
2:32:23
I thought, he said. To 10 years in length also us I
2:32:40
guess regular probation is an option as well.
2:32:43
You could be sentenced to no less than two nor more than five
2:32:45
years confinement in prison and that could be suspended and you
2:32:48
could be placed on regular probation.
2:32:51
You understand your options here?
2:32:53
If I follow this agreement, Sir, you have no right of appeal.
2:32:56
Make sure you speak out so she can the support reporter can
2:32:59
take. They have trouble on on nods and
2:33:05
all right again. You.
2:33:07
If I follow this, you have no right of appeal.
2:33:10
How do you plead to discharge, Sir?
2:33:11
Guilty or not guilty? Are you pleading guilty
2:33:14
voluntarily? Yes, Sir.
2:33:16
That is on your own free will. Yes, Sir.
2:33:19
And because you are guilty, this is OK.
2:33:24
I'm going to show you what's marked as State's exhibit one.
2:33:26
Did you sign that document voluntarily, understand it,
2:33:29
discuss it with your attorney or the contents?
2:33:31
All true and correct. Yes, Sir.
2:33:33
State's Exhibit 1 tendered into evidence without objection, no
2:33:37
object. Among other things, this state,
2:33:39
you are mentally confident to enter your guilty pleas freely
2:33:42
and voluntarily made you know that you've been charged with
2:33:44
the indictments from Richie. You've read it.
2:33:46
You are guilty of the crime charge than any lesser included
2:33:49
offenses. You were giving up your rights
2:33:51
to a jury trial and the rights to the appearance,
2:33:53
confrontation, cross examination of witnesses.
2:33:56
Totally satisfied with the representation provided by your
2:33:58
lawyer. All true so help you God.
2:34:00
The state's exhibit 1 is part of the record for all purposes.
2:34:04
Pre sentence report will be prepared and we will come back
2:34:11
and another time and everybody will add whatever else you want
2:34:16
to add to the record and then the court will make its
2:34:19
decision. Please get a resetting from that
2:34:21
Lady. Thank you.
2:34:23
The probation office is going to be contacting you.
2:34:26
Make sure you participate with them and give them all the
2:34:29
information they need. Sir, thank you.
2:34:32
See the probation. Thank you all.
2:34:57
Right, well, they rack up the next contestant.
2:34:59
Let's go across the hall, Judge West.
2:35:10
Good morning. Good morning.
2:35:12
You're dabbing, Kalina? Yes, ma'am.
2:35:14
And this is 24 DCCR 2432. Mr. Kalina is charged with
2:35:22
injury to a child, elderly or disabled individual.
2:35:25
And what is the announcement? Your Honor, I followed the
2:35:28
letter. Of representation to join this
2:35:31
Co counsel for Mr. Kat late December, early January.
2:35:36
I don't remember the exact date. I knew when I filed that letter
2:35:40
that the last time, everybody. Was here that the?
2:35:42
Court had advised. That would be the last reset in
2:35:46
the. Last couple.
2:35:47
Of weeks I've had. A number of.
2:35:49
Conversations with this Filipino, I think we've made a
2:35:53
little bit of progress in those conversations, and I think we're
2:35:56
perhaps closer to a resolution than we were at the last
2:35:59
setting. So I'm not asking the court to
2:36:03
break its own rule about what the last reset was.
2:36:06
No, and I don't have that. It was I don't have that it was
2:36:10
a final one. I think it was just getting
2:36:12
there. And so I will give you 1 normal
2:36:14
reset, but y'all need to get get it figured out before then.
2:36:18
It looks like Mr. Katz been on since July of last year.
2:36:22
So that's kind of what I base it on.
2:36:23
OK, if we're going to. Be able to.
2:36:29
Reach. A resolution I.
2:36:31
Think we're pretty close if not. It would be very easy.
2:36:34
To. OK, Mr. Kalina, stay in touch
2:36:38
with Mr. Kelly so you can visit with him before that next court
2:36:40
date, and we'll see if we can get an announcement then.
2:36:42
OK, you're free to go. And then you've got Ashley
2:36:46
Sanders. Yeah.
2:37:19
It's settler sentencing. No.
2:37:24
She reset the whole thing and then reset for a sentencing.
2:37:27
I don't know which one. Don't always reset for some.
2:37:31
Things are confusing, so I don't.
2:37:35
Know if you were? I'll just take.
2:37:36
This to the police. So there's that's kind of.
2:37:38
Done and the. Incentive is to do everything
2:37:41
she's supposed to before she comes back for Senate.
2:37:46
Good morning, are you Ashley Sanders?
2:37:48
And Miss Sanders is charged with theft of service in cause #24
2:37:52
DCCR 1650. And what is the announcement?
2:37:57
I think our last setting was late October and the
2:38:02
information. We.
2:38:03
Provided to the court was similar to what we've been
2:38:06
providing in previous settings. There's an audit coming and
2:38:08
maybe one day we'll have it. My recollection is that one of
2:38:12
the agents, the complaining witness, was present in court.
2:38:17
He was and promised that within a week.
2:38:19
Said we'd have it within a week. He did.
2:38:21
It was delivered to my office. My version of it, I'm not sure
2:38:26
it's the same as Miss Mofina's, was delivered to my office the
2:38:30
first week of January. I don't remember what day.
2:38:33
The 4th or the 5th? I was.
2:38:35
I had a vacation later. In the court so.
2:38:36
It was a long week. It was a long.
2:38:38
Week. My natural inclination was to
2:38:42
file a motion to exclude and ask the court for a hearing on that.
2:38:46
The reason I didn't file that one was out of professional
2:38:49
courtesy because I didn't want the appearance to be that.
2:38:52
This was information that this, you know, had and was just
2:38:55
holding on. So nobody would have thought
2:38:56
that. I just didn't want the
2:38:57
appearance to be that so. I mean, you've got, I mean,
2:39:01
there's no reason to exclude it. It's just frustrating that it
2:39:05
took so long for you to get it. It is and what?
2:39:07
I'm So what do you need now? I'd.
2:39:10
Like to ask for more time? I have, yeah.
2:39:12
I'm not going to make you announce today if you just got
2:39:13
it. That's none of this has been
2:39:15
y'all's fault. It's very frustrating that that
2:39:19
a lawyer stood up and told me one thing in court and y'all one
2:39:24
thing in court, but that's not you or you.
2:39:26
So how much time do you need now to go through it and be ready
2:39:31
for an announcement? 60 days.
2:39:33
It's a banker's box of documents.
2:39:35
OK, same. OK, we'll reset it 60 days and
2:39:38
get an announcement at that time.
2:39:39
Thank you all. Thank you, Jerry.
2:39:47
That's so frustrating and I had a feeling miss.
2:40:00
All right, let's step across the hall again.
2:40:02
Judge Stevens, new contestant. Yes, you know you need to speak
2:40:06
out so she can hear you. Are you or Jamichael Phillips?
2:40:10
Yes, Sir. And in 24 Cru 307 you were
2:40:15
charged with a third degree felony of evading arrest or
2:40:17
detention with a motor vehicle. And Mr. Turk is here
2:40:22
representing you today. Correct, Sir.
2:40:26
Doesn't the defendant wave a formal reading of this
2:40:28
indictment in arraignment? Can we proceed?
2:40:30
In summary. In summary, this indictment
2:40:32
alleges that on or about January 12th, 2024, in Jefferson County,
2:40:36
Texas, you committed this third degree felony of evading arrest
2:40:39
of detention with a motor vehicle.
2:40:41
You understand what you're charged with.
2:40:45
There's a second paragraph that also alleges that on December
2:40:50
17th, 2019, in this criminal District Court in cause
2:40:53
#19-3096, you were finally convicted of the second degree
2:40:59
felony of robbery. Is that true?
2:41:02
One and two would constitute a second degree felony punishment
2:41:07
if you were prosecuted for both of those and the jury finds
2:41:14
those to be true beyond a reasonable doubt which means you
2:41:18
would be facing no less than two more than 20 years can find it
2:41:23
in prison and a fine up to $10,000 can be assess.
2:41:27
Do you understand what does this say at the bottom here This what
2:41:33
is that it's just it enhanced. This is it's the notation that
2:41:36
it was you can erase it Judge I just OK.
2:41:38
It just enhanced to 2nd degree right.
2:41:41
OK that's it was just abbreviated.
2:41:45
Yes Sir. Yeah, I could.
2:41:47
It's look like sometimes I do. What kind of allowed me to do
2:41:55
this? We all see at its whim.
2:42:27
OK, what's our plan on this, Judge?
2:42:30
My understanding is Mr. Phillips wishes to feel guilty, but he
2:42:35
would like a jury to assess the punishment.
2:42:41
OK, so there is no agreement. Correct.
2:42:44
And he's ineligible for probation in front of the
2:42:46
church, right? Yes, Judge.
2:42:52
OK. That's the way to do it.
2:43:00
So how do you plead to this, Sir?
2:43:02
Guilty or not guilty? Are you pleading guilty
2:43:05
voluntarily to this third degree felony of evading arrests or
2:43:08
detention with a motor vehicle as alleged in paragraph 1 of
2:43:12
this indictment? And are you pleading guilty
2:43:15
because it is true as it is alleged?
2:43:17
Yes, Sir, and paragraph 2, which alleges you were finally
2:43:21
convicted of the second degree felony of robbery on December
2:43:24
17th, 2019 in cause #19-30936 in this Criminal District Court of
2:43:31
Jefferson County, Texas. Is that allegation true and
2:43:34
correct as it is alleged? Yes, Sir.
2:43:37
And are you pleading true and correct to that voluntarily and
2:43:41
because it is true? Yes, Sir.
2:43:45
All right. If found guilty, you do you
2:43:51
understand you are facing a third degree felony based upon
2:43:56
paragraph one of the indictment. And if paragraph 2 is proven
2:44:01
true beyond a reasonable doubt, then that punishment range can
2:44:06
be enhanced to a second degree felony as we've talked about
2:44:11
here in the accordance with this plea where you are looking at up
2:44:17
to 20 years in prison. All right, how do you plead
2:44:24
again in this case? Are you guilty of paragraph one
2:44:29
and true to paragraph 2 of this indictment which constitutes a
2:44:36
third degree felony, enhanced punishment to 2nd degree?
2:44:42
So you understand that you have
2:45:16
given up your rights to a jury trial as to the guilt or
2:45:20
innocence phase of this case by entering your guilty plea.
2:45:24
You have reserved, though, your appeal, if you wish, as to what
2:45:32
punishment may be assessed by the jury.
2:46:20
It was marked the state's exhibit one.
2:46:24
Did you sign that document voluntarily, understand it,
2:46:27
discuss it with your attorney or the contents?
2:46:29
All true and correct. State's Exhibit 1 is tendered
2:46:32
into. Evidence without objection.
2:46:34
It's admitted and this states that you are mentally confident
2:46:37
to enter your guilty plea. It's freely and voluntarily made
2:46:41
you know what you've been charged with the indictment.
2:46:42
It's been read to you. You've read it.
2:46:44
You were guilty of the crime charged and anti glass included
2:46:47
offenses. You were giving up your rights
2:46:48
to a jury trial as to the guilt for innocent face of this case
2:46:52
and the right to the appearance confrontation cross examination
2:46:55
of witnesses totally satisfied with the representation provided
2:46:57
by your lawyer. All true.
2:46:58
So healthy gun. It's the state's Exhibit 1
2:47:02
tendered into evidence without objection.
2:47:06
And again, how do you plead to paragraph 1 charging you with
2:47:10
this third degree felony of evading arrest or detention,
2:47:14
guilty or not guilty? And to paragraph 2, are you
2:47:20
pleading true to that allegation of Commission of second degree
2:47:24
felony robbery on December 17th, 2019 in this floor or you're
2:47:31
entering your pleas voluntarily, knowingly, intelligently?
2:47:34
And because all of that is true, you Sir, find that you
2:47:40
understand and appreciate the consequences of pleading true.
2:47:45
Anything else to add, Judge? Just real quick, I just want to
2:47:48
make sure the records clear that Mister Phillips and I have
2:47:50
discussed the the options between presenting sentencing to
2:47:54
the court and presenting to the jury.
2:47:56
And he is one of the key districts, distinctions being
2:47:59
that the judge that the court can grant probation if the court
2:48:03
found it warranted. Grant.
2:48:05
Deferred or unadjudicated that they cannot.
2:48:08
A jury cannot. And so and.
2:48:10
Mr. As well as straight probation the court can yeah,
2:48:16
where the jury cannot because. He has a final conviction, then
2:48:21
he is ineligible for probation. In front of a jury.
2:48:24
And I was just making sure we discussed that.
2:48:26
Correct. OK.
2:48:27
Yes, Sir. You understand all of that?
2:48:29
And you knowing all of that, you insist on pleading guilty to the
2:48:34
court and asking the jury to assess the punishment in this
2:48:39
case. Yes, Sir.
2:48:40
OK. Then I find that the defendant
2:48:45
is pleading guilty. Violent Pharaoh, he is mentally
2:48:49
competent to do so. He understands and appreciates
2:48:51
the consequences of pleading guilty.
2:48:53
There's sufficient evidence supporting your guilty plea from
2:48:56
State's Exhibit 1, admitted here, to find you guilty beyond
2:48:59
a reasonable doubt of this third degree felony of abating arrest
2:49:02
or detention with a motor vehicle.
2:49:04
I find you guilty beyond a reasonable doubt of that offense
2:49:10
and we will move forward to the punishment phase of this trial.
2:49:17
When can we set that? Yes, that's what we would do.
2:49:25
We need to move it to a quick document.
2:49:30
To get it done does. Your I don't want to consider it
2:49:33
for tomorrow. No, I got other things on this
2:49:37
one this week. Yes, Sir, No, thank you.
2:49:44
Yes, we'll figure it out and get back with y'all OK, but we will
2:49:47
be done as soon as possible. Yes Sir.
2:49:50
Thank you. So Austin put in the chat that
2:49:58
he found it interesting that you could plead guilty to have a
2:50:01
jury sentence You I have information on that for Texas.
2:50:05
We'll. Cover that in our four, our 4 is
2:50:07
going to be busy potentially. We've got that Judge Colada case
2:50:11
from this morning, the Stevens one where the guy got 10 years
2:50:16
for his crimes against children, the Middleton one that we just
2:50:20
watched for sure. Plus I've got information on
2:50:23
aggravated assault in in Michigan and how it's charged
2:50:28
and then this Texas info. Plus I've got a few news stories
2:50:31
we can go to as well. Again, channel members, you can
2:50:33
join me an hour or four. There's a link in the Discord in
2:50:37
the channel or the membership announcement section.
2:50:40
So you know, if you have comments on any or all of this,
2:50:44
please do join. It's your chance to your chance
2:50:47
to speak out. In the meantime, though, we're
2:50:50
not quite there yet. Back across the hallway, it's
2:50:53
Jefferson County morning. All of a sudden I spoke with
2:50:56
counsel about there's something I need to look into, but at
2:51:01
least there may be something that's called wondering that may
2:51:04
be special, but I haven't checked with the witness.
2:51:07
All right, we'll just do a normal reset.
2:51:10
I don't. It looks like there was a lot of
2:51:11
resets just to get to this point.
2:51:14
Before. You got appointed.
2:51:15
So I know you haven't been on it very long, but the case is.
2:51:18
Getting old, so I'll do a. Reset, make sure you get that
2:51:20
taken care of and see if y'all can get something taken care of
2:51:23
before the next court date possible.
2:51:25
OK. Stay in touch with Mr. Lewis so
2:51:27
that after he visits with Mr. Hoffpauer, you'll know what the
2:51:31
options are in your case and we'll get an announcement at the
2:51:33
next court date. All right, you're free to go.
2:51:35
Thanks. Mr. Robas Chief Krishara
2:51:44
Bennett. So sentencing.
2:51:46
Krishara Bennett Sentencing. Bennett sentencing.
2:51:54
It's all right. Still on your walls.
2:51:59
Good morning. Are you Krishara Bennett and
2:52:02
Miss Bennett was previously in. Court entered a plea of.
2:52:04
Guilty to credit or debit card abuse.
2:52:07
Against an elderly victim. I've received the pre sentence
2:52:11
report has everyone had an opportunity to review that
2:52:13
report Yeah. Are there any additions or
2:52:16
corrections doctor? The state judge ordered that
2:52:20
other than we would ask the court order the.
2:52:22
Restitution also that. She.
2:52:26
Yes, ma'am. All right.
2:52:27
Miss Bennett, I'm going to. Find that you entered your plea
2:52:29
of guilty freely and voluntarily.
2:52:31
Find sufficient evidence to find you guilty.
2:52:33
However, I'm going to follow the.
2:52:34
Agreement that you made with the District Attorney and defer all
2:52:37
proceedings and place you on probation for five years.
2:52:41
You are ordered to pay restitution in the amount of
2:52:44
$2256.92. You are ordered to.
2:52:48
Forfeit your CNA. And home health care license and
2:52:51
follow all of the other rules and conditions of probation.
2:52:54
If you do that, this is an excellent opportunity because
2:52:57
you do not have a felony conviction on your record.
2:53:00
And if you successfully complete the probation, then at the end
2:53:02
of the probation, the case is actually dismissed.
2:53:05
You'll never have a felony conviction.
2:53:07
The other side of that, however, is if you violate any condition
2:53:10
of probation, you can be brought back into court.
2:53:12
You could be found guilty, so you would become a convicted
2:53:14
felon and you could be sentenced anywhere in the range of
2:53:17
punishment, which is between two years and up to 10 years.
2:53:20
Do you understand? I'm handing you the the trial
2:53:22
court certification that shows this was an agreement that I
2:53:26
followed and so you waived your right to appeal.
2:53:28
You need to have a seat here in the courtroom.
2:53:30
Probation will call you up to her desk when she's ready to go
2:53:32
over your paperwork. Good luck to you.
2:53:37
See Janesha Leonard sentencing. Oh sorry,
2:53:57
this. Is how Janisha Leonard is OK
2:54:02
shows on here Mr. Nichols, but I don't make that OK.
2:54:10
OK, you're Janisha Leonard and. Miss Leonard entered pleas.
2:54:15
Of well entered a plea of guilty and cause #25 DCCR 0297 and then
2:54:23
pleas of true and cause numbers 19, 33340 and 236095.
2:54:32
Those were all unagreed on probation for state jail
2:54:37
felonies in each of those cases. And then the new case is a new
2:54:41
state jail felony theft of property.
2:54:44
I've received the pre sentence report and reviewed it.
2:54:46
Has everyone had an opportunity to review it?
2:54:49
We have. Are there any corrections or
2:54:56
additions not from Mr. Coleman before I get started?
2:55:02
I was and I just noted the. Date of the new.
2:55:07
Offense compared to the date of indictment and wondered if you
2:55:13
know why that took so long that that offense is dated.
2:55:18
The offense date is 8. It's August of 23 and it was not
2:55:23
indicted until sometime in 25. That's right, Judge I, I didn't
2:55:29
snap to that before. I don't have an explanation for.
2:55:36
That and so. I guess my.
2:55:38
Question obviously on the face of this typically.
2:55:43
I would be. Leaning.
2:55:44
One way and you'll know which way.
2:55:46
That is the length of time though from the date of that
2:55:50
offense to the date of indictment.
2:55:52
And that nothing on probation and doing looks like somewhat OK
2:56:00
between that time makes me have some concerns.
2:56:04
She now has a new baby. There's some positive things in
2:56:08
the pre sentence report. About what she's been doing
2:56:16
since then, and so it's here between.
2:56:20
August of 23, which is that, you know, the last two years or so.
2:56:24
Other than that new allegation from 2023, how has Miss Leonard
2:56:28
been doing on probation? She's been making slow progress,
2:56:33
but within the last few months she's been really stepping up
2:56:35
with community service hours and paying towards her.
2:56:46
I mean on no, On paper, there's no.
2:56:48
Reason for me to be considering a?
2:56:56
Another probation, except that. Time frame and the state, you
2:57:01
know, Mr. Powell from Sutherlands would obviously like
2:57:03
restitution. I don't know that that's going
2:57:06
to happen, but Mr. Coleman, I'm going to go to you first this
2:57:15
time, Judge. I don't have any strong feelings
2:57:18
about it. I think the.
2:57:20
Court makes some good points I. Certainly understand why the
2:57:22
court would would entertain. Putting it on a probation.
2:57:27
For this new case and. Continuing her on the probation
2:57:30
issue. And if they're all states, this
2:57:35
is a state. Jail.
2:57:48
Are they all already five years? Are they?
2:57:52
What's the length of the probations?
2:57:54
I want to make sure they're all. Five year and case number
2:58:03
hitting. 340 and. Are they both?
2:58:13
Deferred. They're both straights.
2:58:18
OK. Part of what I'd considered.
2:58:21
Was if it was deferred. Revoking and then doing it.
2:58:26
Straight. But that's not an option.
2:58:27
But we'll, we'll start with. Another five year if I do that
2:58:30
today. So I guess we have.
2:58:32
Five more years. And have you talked to her about
2:58:37
the restitution amount that was that?
2:58:39
That was one of the things I was going to bring up the amount.
2:58:41
Is she has a different amount, I would ask if they if you're
2:58:44
going to put on. Probation and order restitution.
2:58:46
That probation determine what it is.
2:58:48
There's a substantial difference.
2:58:49
You have to order it at sentencing.
2:58:53
Do you? Do you have any records from?
2:58:58
Sutherlands to back up that. Amount it's a.
2:59:02
Very specific amount. It's just I've got why don't I
2:59:09
do this then I would I'd like to do is reset.
2:59:12
Sentencing. Just for a week or so, give you
2:59:14
some time to go through. That I'll do.
2:59:15
Two weeks give you some time to go through that with Miss
2:59:18
Leonard. If we need to have a restitution
2:59:21
hearing, if you'll let Mr. Coleman know that there's not an
2:59:24
agreement or if y'all can't work out something after you look at
2:59:27
it for some amount, either what they're requesting or if you see
2:59:30
something that may not be in there, we'll have a hearing,
2:59:35
short restitution hearing. So we'll reset 2 weeks for
2:59:38
sentencing. All right, you're free to go,
2:59:47
ma'am. Stay in touch with.
2:59:47
Mr. Rojas, because? You all will need to get.
2:59:49
Together before that next court date.
2:59:54
OK, I'm getting. Just one or two more things
2:59:56
ready before we go into overtime.
2:59:58
So in the meantime, back across the hall, one last hearing with
3:00:01
Judge Stevens. I'll do a backup on that one.
3:00:06
I've got Adrian Williams before that.
3:00:08
He stays ready on that, yeah. He's in jail.
3:00:12
It's a. Harm left with us.
3:00:17
Who? Adrian Williams?
3:00:19
Yeah. And then?
3:00:22
Three, just to be on the safe sides.
3:00:28
On. Wyman, Clover, I'm ready on
3:00:31
their own. You ready?
3:00:32
Yeah, I can do. Cool.
3:00:33
That's the one she's missing. Joe.
3:00:36
Fighting witness on, I believe. Jeff.
3:00:38
All right. And.
3:00:40
Then Mr. Ham on. Kobe Rogers, she's.
3:00:49
We're postponing that one, right?
3:00:51
Yes. What about Jerick Holman's?
3:01:05
Are y'all ready? Can you go on that one?
3:01:08
Jerick Holman with Burbank in the legal possession of a farm
3:01:14
bill judge, I'm. Ready for?
3:01:17
Diocese. I'm also ready on Adrian
3:01:19
Williams. Davis is first.
3:01:23
Williams the second Jerry. Coleman will be third and then
3:01:27
we need to get. Those the Arnold and Rogers and
3:01:37
more, though, reset very quickly.
3:01:40
Those are very serious. And then?
3:01:46
Clover as well. OK, this is Jim Michael Paris.
3:01:54
Hey, here's Phillips's. 2 cases.
3:02:21
Alec I Harris 24 CR 1329 was called the state of Texas versus
3:02:29
Malachi Harris that is you president with your attorney Mr.
3:02:32
Adams and the. State's.
3:02:33
Attorney, does the defendant wave a formal leaving of the
3:02:36
indictment and a way that can we proceed in summary?
3:02:39
Yes Sir. In summary, 24 CR 1. 329.
3:02:48
Alleges. That on or about April 28th,
3:02:52
2024, in Jefferson County, Texas, you committed the first
3:02:55
degree felony of aggravated robberies.
3:02:57
Do you understand what you were charged with your serve?
3:02:59
Yes, Sir. If convicted of a first degree
3:03:02
felony, you face a term of life imprisonment or any term of not
3:03:07
more than 99 years or less than five years in prison.
3:03:10
In addition to fine may be assessed not to exceed in $1000.
3:03:13
Do you understand an agreement has been reached in your face
3:03:17
where you would be pleading guilty, sentenced to 8 years in
3:03:26
prison, given credit for all time you have served, is not
3:03:30
your understanding of the agreement?
3:03:31
Yes Sir. If I follow this agreement, you
3:03:34
have no right of appeal of your case, do you understand?
3:03:38
Yes Sir. How do you plead to this Sir?
3:03:40
Guilty or not guilty? Are you pleading guilty
3:03:43
voluntarily, on your own free will and because you are
3:03:47
guilted? I'll show you what's marked as
3:03:50
State's exhibit once. Would you sign that document
3:03:53
voluntarily? Understand it?
3:03:55
Discuss it with your attorney? Are the contents true and
3:03:57
correct? Yes.
3:03:59
State's Exhibit 1 is tendered into evidence without direction
3:04:03
is submitted. Among other things, this state,
3:04:05
you are mentally competent to enter your guilty plea which is
3:04:08
freely and voluntarily made. You know what you've been
3:04:11
charged with the indictment read to you.
3:04:13
You've read it. You were guilty of the crime
3:04:14
charge than any lesser included offenses.
3:04:16
You were giving up your rights to a jury trial and the rights
3:04:20
of the appearance, confrontation, cross examination
3:04:22
of witnesses. Totally satisfied with the
3:04:24
representation provided by your lawyer.
3:04:26
All true. So healthy God State's exhibit
3:04:29
one part of the record for all purposes.
3:04:31
Please send us a report his way to it.
3:04:33
Yes, Sir. Anything to add by anybody?
3:04:34
Nothing further from the state judge.
3:04:36
OK, anything you would wish to? Add Mr. Harris, I'm going to
3:04:39
follow this agreement and find there's nothing further you have
3:04:44
pleaded. Guilty.
3:04:44
Today. Voluntarily, you are mentally
3:04:47
competent to do so. You understand and appreciate
3:04:49
the consequences of pleading buildings.
3:04:51
There's sufficient evidence supporting your guilty plea from
3:04:53
states Exhibit 1 admitted here to find you guilty beyond a
3:04:57
reasonable doubt. I now find you guilty beyond a
3:05:02
reasonable doubt of this first degree felony of aggravated
3:05:05
robberies. And I'm following this
3:05:15
agreement. You are hereby sentence to
3:05:17
confinement in the Institutional Division of the Texas Department
3:05:22
of Criminal Justice to serve a term of eight years, and the
3:05:27
judgment shall reflect affirmatively in a finding by
3:05:31
the court that a deadly weapon was used or exhibited, namely a
3:05:35
firearm, in the Commission of this offense.
3:05:37
Do you understand what has happened to Jeff?
3:05:39
Is there anything else to add? That is all.
3:05:42
Thank you. We go.
3:06:23
Thanks Okie dokie friends racking up some things here at
3:06:29
the last moment, but let's go to TCF overtime.
3:06:33
Hope you all had fun in court today.
3:06:34
I know I did. Definitely some defendants that
3:06:39
didn't. Have as much fun but.
3:06:40
They earned it, didn't they? So again, if you want to join me
3:06:43
here, there is a link in the in the discord under the member
3:06:49
announcements. So if your channel member, you
3:06:51
can join me. So again, we can talk about
3:06:53
Judge Colada, Judge Stevens, Judge Middleton in the cases.
3:06:56
They had lots. I have to say on a plus, I've
3:06:59
got a couple of news stories if we have time for those as well.
3:07:04
But let's start with Texas, because I believe it was Austin
3:07:08
who expressed interest that the guy could plead guilty but then
3:07:13
wait for the jury to sentence him, which.
3:07:17
To be honest, isn't. Something that I'd never
3:07:19
necessarily run across before either.
3:07:21
But again, especially if you're new to the channel, I'm not like
3:07:24
a, an attorney or anything. I'm just some guy who likes
3:07:27
watching court. So I learned too.
3:07:29
And that's the beauty of TCF. So we all learn things.
3:07:32
But I pulled up information on Texas specifically.
3:07:34
In Texas, the defendant can plead guilty to a jury, which
3:07:38
then becomes responsible for assessing the punishment, a
3:07:41
process often used when seeking a more lenient sentence than the
3:07:44
judge might impose. Jury will hear evidence from
3:07:47
both sides regarding the offense and character to determine the
3:07:51
sentence. The procedure is well, the
3:07:54
defendant pleads guilty, a jury is still impaneled to hear the
3:07:57
evidence. The jury's role is to determine
3:08:00
the sentence rather than the judge.
3:08:03
Obviously a strategic move there and it's often used as an
3:08:08
alternative to a plea bargain if the the defendant or his lawyer
3:08:13
thinks that they can do better in front of a jury.
3:08:16
Interestingly, the jury is not bound by anything that's been
3:08:19
pre negotiated. They just simply have to
3:08:22
sentence within the guidelines. Different from a bench trial
3:08:27
obviously, in that the judge really has no role other than to
3:08:30
accept the plea. So there you go.
3:08:38
That's how that works in. In Texas?
3:08:40
I had no idea. Now we learned something.
3:08:44
Let's start with Middleton. And just to refresh you, this is
3:08:48
the case we saw a little while ago where the woman was at
3:08:53
Yoder's, which is this like Amish grocery store thing in
3:08:58
Centerville. And again, all my years in
3:09:00
Michigan, I'd never actually been to it, but I think I should
3:09:04
go the next time I go to Michigan because I had a chance
3:09:08
to kind of look at the place. It looks really cool.
3:09:13
Can't believe I've never been there.
3:09:15
That's OK though, but I have. Pulled up.
3:09:23
Compliments of our friends at. Google Maps.
3:09:26
This is the. Doughnut case that.
3:09:28
That woman was. Shoved into and you can kind.
3:09:32
Of see in standard Amish fashion, you know, this is like
3:09:39
like super heavy construction. This thing actually, let me let
3:09:43
me flip over to the screen share here if I can remove that one.
3:09:55
There we go. Anyways, yeah, so I'm kind of
3:09:59
flipping around a little bit. You can see this is, you know,
3:10:02
standard Amish construction, big, heavy wood doors.
3:10:07
This is no like wimpy thing that you would find in a Kroger or
3:10:10
something. It's a serious case that she got
3:10:13
shoved into. So I could see where she
3:10:19
definitely got injured. And she's talking about like her
3:10:21
knees being messed up too. But if you look at this counter
3:10:23
down here. That counters kind of bit about
3:10:26
knee height. For probably a lot of people, so
3:10:29
that makes sense too. If she was shoved in there that
3:10:31
her knees got messed up as well. So, and it's really messed up.
3:10:39
But one of the things that we talked about or we were
3:10:44
questioning while we were talking about this case was the
3:10:49
idea that. The assault was a misdemeanor.
3:10:52
So yeah. Dan is doing advertising maybe?
3:10:56
It yeah, I kind of want a donut now myself, to be honest with
3:10:59
you. They had, I saw some pictures,
3:11:05
they had doughnuts with like bacon on them and stuff too.
3:11:07
So super yummy. Anyways, in.
3:11:10
Michigan aggravated salt assault is generally classified as a
3:11:14
High Court misdemeanor, so punishable by up to one year in
3:11:19
jail, $1000 fine, or both. So per the definitions,
3:11:24
aggravated assault involves serious or aggravated injuries,
3:11:27
such as those requiring medical treatment but which are not
3:11:30
considered great bodily harm. Felonious assault, on the other
3:11:34
hand, also known as assault with a dangerous weapon, is a felony
3:11:39
punishable by up to four years in prison and up to a $2000
3:11:42
fine. And then there's a assault with
3:11:45
intent to do great bodily harm, which is more severe, yet up to
3:11:50
10 years in prison. And then domestic violence is
3:11:53
categorized separately. In Michigan, the first offense
3:11:55
is a 93 day misdemeanor. You get up to a third offense
3:11:59
though, and you raise it up to A5 year felony.
3:12:04
So that's how things work in Michigan regarding that.
3:12:07
I know, Michael, you had a question about why it was just a
3:12:11
a misdemeanor, but that's the reason there was no weapon
3:12:15
involved. And I guess they didn't classify
3:12:20
it as assault with intent to do great bodily harm, but I don't
3:12:24
know. It's it's so.
3:12:26
Interesting how the. Courts look at these things,
3:12:28
isn't it? Because I don't know how how you
3:12:33
could take somebody shove them into a case like that one we
3:12:38
just looked at and not expect that you would do great bodily
3:12:43
harm or potentially. I mean, you know, there was a
3:12:48
potential obviously for cuts all over her, which she did have,
3:12:51
but I mean, even more severe, serious, rather more severe
3:12:56
potential for broken bones. You know, depending on how her
3:13:01
head went through the glass, if she'd nicked the right portion
3:13:03
of her neck, she could have bled out.
3:13:06
So I think you definitely could have made a case to call, in my
3:13:10
mind anyways, to call that assault with intent to do great
3:13:13
bodily harm. But you know, in Michigan and
3:13:19
it's it seems so often, especially compared to other
3:13:21
states, that they tend to in a. Lot of ways charge.
3:13:24
Softer there. I don't know why, but they do at
3:13:29
least that's, you know, anecdotal what we see here on
3:13:31
the channel and it's a little bit messed up in my opinion.
3:13:36
But I think this case for me and by the way, he got 100 days
3:13:42
credit 38, but specifically the judge.
3:13:45
Made it possible for. Cass County to come get him
3:13:48
because apparently he's got something else in Cass County
3:13:51
that he's on probation for. I don't recall the specifics,
3:13:54
but I seem to recall it was a felony.
3:13:56
And if that's the case, then this probably violates that.
3:14:00
And I think Middleton is hoping that that will result in a
3:14:05
prison sentence for him. I could be wrong, but but I
3:14:13
don't know. I'm I'm hoping that's what he.
3:14:16
Hopes there because it was light.
3:14:18
But. The bigger thing that this case
3:14:20
spoke to me about? Is.
3:14:23
Just the. Senseless nature of the violence
3:14:26
that we're seeing across the United States right now.
3:14:32
Again, this is just one one piece of a larger puzzle of what
3:14:35
we're seeing. But it's true.
3:14:38
People doing stupid things and it's, I don't know if it's
3:14:43
becoming more and more of a regular thing or if it's simply
3:14:47
the fact that we all have Internet access with 24/7 news
3:14:52
cycles, so we're seeing more of it because of that.
3:14:56
I don't know which, but if I think about how how the world
3:15:04
worked when I was younger growing up in the 70s and 80s
3:15:09
versus. How it works now it feels
3:15:11
different. To me, I don't, I don't recall
3:15:17
this level of stupidity. I mean, there was stupidity.
3:15:22
For sure, but. It just it seems like it's.
3:15:24
It's everywhere. Now.
3:15:26
And it's not good for us. It's not sustainable.
3:15:29
We can't keep acting fools like this and doing stupid things
3:15:32
like shoving a lady into a doughnut case.
3:15:35
Apparently just 'cause didn't seem to be any reason other than
3:15:40
that. Although didn't he claim that he
3:15:42
like yeah, he claimed he tripped.
3:15:43
I wrote the note on that. But then as I recall, the
3:15:46
security footage showed a totally different story there.
3:15:50
But so, you know, just some guy acting a fool just decided that
3:15:55
he's going to assault somebody just for the sake of assaulting
3:15:59
them. And.
3:16:02
That's just not going to fly. We can't, we can't be like this.
3:16:06
We can't sustain it. It just doesn't work.
3:16:12
I don't know, there's so much I could say on it and I don't want
3:16:14
to get like super duper preachy, but.
3:16:17
The thing I like about this community is I think.
3:16:19
That we all kind of have our heads right, but so many don't,
3:16:27
Lindsay said. He also may not have been in his
3:16:29
right mind, which isn't an excuse, but a fact of the case.
3:16:32
Well, that could very much. Be the case as well, Lindsay.
3:16:35
He could not have been in his right mind.
3:16:38
But then we still have the failure of mental health that
3:16:40
we've talked about 1000 times over, don't we?
3:16:43
And I guess there's also the question of what has he done to
3:16:47
not be in his right mind? Is there any substance abuse
3:16:51
there? Was he drinking beforehand,
3:16:54
doing some kind of drug? I don't know.
3:16:57
But at some point, even if you have issues, I think there has
3:17:02
to be something to be said for taking some agency in your
3:17:14
issues. And if he's, if he's good enough
3:17:19
to sit in front of the judge and talk fairly eloquently for the
3:17:25
few words he did say to understand what he's going
3:17:28
through. Because obviously they didn't
3:17:30
have a, they didn't have a competency concern there, then
3:17:33
there ought to be enough in there for you to equally realize
3:17:38
that you have a problem that needs to be dealt with at least
3:17:41
on some level. So it's probably a mix of
3:17:45
things. There's there's the fact that we
3:17:47
don't do enough for mental health, but then there's also
3:17:50
the fact that he's not taking enough agency in his own life to
3:17:53
address whatever he might have. Or he was just drunk or high,
3:17:59
you know, or just acting a fool. There's so many possibilities
3:18:03
there. But however you slice Dice and
3:18:07
Julian Fry it, it is not it's not sustainable.
3:18:11
And we can't keep doing this as a society.
3:18:15
So those are my thoughts on that one.
3:18:20
Head SE over to Lake. County, Ohio and.
3:18:24
Judge Colada, So if you. Recall that case.
3:18:29
That was the drug addict guy. Now if I recall he said he was
3:18:35
20 plus years into his addiction issues.
3:18:39
He has kids 'cause he was worried about not being there
3:18:42
for him and he was stealing from the place where he worked to the
3:18:49
tune of $6006. And 18 cents or something.
3:18:53
Like that, that he has to pay in restitution.
3:18:58
And this guy, he committed the cardinal sin that we constantly
3:19:02
talk about here in SO. Many ways, and that's.
3:19:04
Just show up all. He had to do was show up and he
3:19:10
didn't show up for his pre sentence.
3:19:12
Report the pre sentence. Investigation.
3:19:16
So the option of even giving that guy any kind of of
3:19:22
probation was taken. Off the plate.
3:19:24
For the judge, by law, according to what the judge said, he was
3:19:30
not allowed to actually consider him for probation because the
3:19:34
pre sentence report was not done.
3:19:37
So again, people act in fools and the one, the one thing he
3:19:41
had one job show up and better things probably would have
3:19:45
happened, but he didn't. And but here's the thing, nine
3:19:50
months, he steals over 6 grand from people who are trying to
3:19:56
look after him and trying to take care of him because they'd
3:19:58
mentioned that they were. Constantly giving him advances
3:20:00
on. His salary and stuff too, to try
3:20:02
to keep them going and he's still stealing from them.
3:20:06
But they're we only see nine months.
3:20:10
I don't know if that's, you know, we've, we've talked about
3:20:13
that before though. I I say I.
3:20:14
Don't know if it's enough, but in the same respect, we've
3:20:17
talked before about how if these people who have the financial
3:20:22
crimes, if they're put in jail or prison for too long, then it
3:20:27
makes it harder for the victim to receive any kind of
3:20:31
restitution. Plus, they don't receive
3:20:34
restitution with any kind of interest, which, you know, just
3:20:38
means that in Judge Stevens references in his court where
3:20:42
they're losing, they're losing the ability to use that money
3:20:46
and the value of the money keeps going down, especially in the
3:20:50
current economy where inflation is kind of out of control still.
3:20:53
I don't care what anybody says, it's still a problem.
3:20:58
So they're losing the value of all of that money the longer it
3:21:02
takes for them to get their money back, which.
3:21:05
Sucks but. So I'm really torn on that one.
3:21:08
If you've got other thoughts, tell me.
3:21:10
But there's a part of me that feels like he should have gotten
3:21:13
a lot more, if for no other reason than if he's in.
3:21:17
If he's in prison for a couple years, maybe, fingers toes
3:21:21
crossed, he could get enough services to break that that
3:21:24
addiction situation. But in the same respect, I
3:21:29
realized that the longer you leave him in, the harder it is
3:21:31
for restitution to happen. But this is another one to me
3:21:35
that speaks to the concept of drugs not being a victimless
3:21:40
crime. I know that a lot of you out
3:21:42
there disagree with me on this point, but I am staunchly anti
3:21:45
drug and I'm not going to claim that I'm not.
3:21:47
I line up much more behind the Judge Elmore's of the world who
3:21:52
has flat said to people I'll take on anybody in a debate
3:21:56
about whether or not drugs are a victimless crime.
3:21:59
Because here you've got a drug addict who's going to jail for
3:22:03
nine months, which means his family is without him, his kids
3:22:07
are without him, his employers are without their $6000 because
3:22:12
he's out there doing drugs and being a fool.
3:22:15
So there are definitely victims. We can claim all day long that
3:22:18
we don't care what somebody does with their body and what they
3:22:21
put into it. And that would be.
3:22:23
Great if that person was in a vacuum, but they're not.
3:22:27
They never are because you can't go through society, you can't
3:22:32
live on this planet without interacting with others.
3:22:35
So your actions at some point end up end up affecting others
3:22:40
no matter what we do. So I don't know.
3:22:47
Again, another person acting a fool.
3:22:50
And this is just not sustainable.
3:22:55
And then there's the Middleton. Case.
3:22:57
They're not the Middleton case, the Stevens case rather, and
3:22:59
this was the guy who did crimes against kids.
3:23:04
He had three charges against him, sexual assault of a child,
3:23:08
indecency with a child second degree, and indecency with a
3:23:12
child third degree. They dropped the indecency
3:23:15
second on that plea which left him with the sex assault 2nd and
3:23:19
the indecency 3rd that he was charged on and he got 10 years
3:23:28
which is probably closer to appropriate than what we
3:23:30
normally see. Out of Stevens Court.
3:23:34
Or. Any of the courts because so
3:23:36
often. And I we continue to not
3:23:39
understand exactly why this is the case, but it is the case.
3:23:44
We know it 'cause we see it all the time.
3:23:46
We have these crimes that happen where a child is involved and
3:23:52
then so often these guys get a slap on the wrist.
3:24:01
It's just, it's not punished, generally speaking, as harshly
3:24:05
as it should be. You know we've.
3:24:07
Joked, but it's almost It's almost not a.
3:24:09
Joke where you know if you if you take a fish out of season
3:24:13
and miss, you're in Florida. Rather it's like 32 consecutive
3:24:16
life sentences. But but then you go to Texas and
3:24:21
you do something to a child and you know, I, my joke is, is that
3:24:24
the judge will take you to the sizzler for dinner that night.
3:24:29
So a little more credit, but ten years still feels incredibly
3:24:33
light to me. These ought to be, I don't know,
3:24:38
tell me if you think differently, but I feel like
3:24:40
these ought to be at least 25 year deals especially.
3:24:44
Especially wasn't he, he's admitting.
3:24:46
To it, you know it's. This isn't a this isn't a I'm
3:24:50
professing my innocence the entire time.
3:24:53
He he did a plea here. So.
3:24:55
He's taking. Responsibility for it and there
3:25:01
you go, Wahoo says. There should have been a
3:25:02
lifetime registry he was forced to register but I then I thought
3:25:07
it was. Lifetime.
3:25:08
I could be wrong. But they but he did point out to
3:25:12
him that he has to be on the registry.
3:25:17
But you know, what good is the registry other than perhaps, you
3:25:21
know, keeping you from being employed and perhaps affecting
3:25:26
where you live to a certain extent, but go scan, but go scan
3:25:30
your neighborhood. Just about everybody's got
3:25:33
somebody on the registry in their neighborhood.
3:25:35
So I, I don't know at this point what good it does.
3:25:38
But that could also speak to just how prevalent this, this
3:25:42
crime is, huh? Because we've talked about that
3:25:47
too. And I, I swear to all of you, I
3:25:50
don't pull these hearings up on purpose.
3:25:53
I really don't. But we stumble into something,
3:25:57
multiple things, usually every single day, every single day.
3:26:01
There's something out there. Doesn't matter, it seems where I
3:26:04
go, what court, what state, what county.
3:26:09
Somebody's doing something bad to a kid and we encounter it and
3:26:14
there's very little exception. Except.
3:26:24
Whoops, OK, we're back. I lost signal over here for a
3:26:28
second but I guess it's still working but.
3:26:35
It's just nuts. I mean, I don't know, like I
3:26:41
said, you can't, you can't not see this stuff constantly.
3:26:47
And I I worry, I suppose, about. What that continues to say
3:26:52
about. About our society because it's
3:26:55
really messed up and we. Don't seem to punish it.
3:26:59
Hard enough, but partial credit where credit is due.
3:27:03
I suppose this is better than we normally see out of middle or
3:27:05
out of Stevens. Rather.
3:27:09
Normally it's a slap on the wrist.
3:27:11
I still think this is light though, but that could perhaps
3:27:13
be me any who if you want to talk about any of.
3:27:17
Those things feel. Free to hop on in and we can do
3:27:20
so in the meantime outside of what we saw today.
3:27:25
So I ran across this this morning and this.
3:27:29
Wasn't even something that was on my.
3:27:31
Radar. It might have been on your
3:27:33
radar, but this is definitely fascinating to me.
3:27:40
So this guy named Ryan Wedding, he was a ex Olympic snowboarder.
3:27:45
For. Canada, as I recall, and he was
3:27:50
arrested in Mexico by the FBI for being a drug kingpin, which
3:27:56
is nuts. So let's see what this is.
3:27:58
This is from Yahoo Sports, but there's a bunch of different
3:28:01
outlets that have reported on this.
3:28:03
Now former Olympic snowboarder Ryan Wedding arrested in Mexico,
3:28:08
an FBI announced on Friday. Wedding 44.
3:28:11
Was the FB is on? The FB is 10 Most Wanted list
3:28:15
for charges that included murder and money laundering.
3:28:18
He's also accused of being the leader of the largest cocaine
3:28:21
distribution operation in his native Canada.
3:28:25
The FBI had announced in November it was increasingly
3:28:28
rewarded for information leading to wedding weddings, arrest and
3:28:32
or conviction from 10 million to $15 million.
3:28:36
It's a crazy award for this guy. Plus, you know, if he was a
3:28:40
Olympic snowboarder, then he's got a little bit of fame, I
3:28:43
would think. Shouldn't have been that hard to
3:28:45
find him. But FBI Director Cash Patel
3:28:49
posted on social media that wedding was arrested in Mexico
3:28:52
and will be transported back to the US.
3:28:54
Quote This is a huge day for a safer North America and the
3:28:57
world and a message that those who break our laws and harm our
3:29:00
citizens will be brought to justice.
3:29:04
Wedding placed 24th in the parallel giant slalom as part of
3:29:08
Team Canada during the 2002 Olympics in Salt Lake.
3:29:12
The Department of Justice claims that since then, he built a
3:29:15
criminal enterprise that worked with prominent Mexican cartels
3:29:19
to move hundreds of kilograms of cocaine from Colombia into
3:29:22
Mexico by boat or plane and then into the US and Canada via semi
3:29:27
trucks. Additionally, authorities allege
3:29:30
that Wedding's group orchestrated the murder of three
3:29:34
people, one of them a federal witness who was set to testify
3:29:38
against Wedding before he was gunned down at the restaurant in
3:29:43
Medallion, Columbia. Wedding allegedly found the
3:29:47
witness by posting his picture to a website that his son's been
3:29:52
taken down. During a November news
3:29:55
conference, Pam Bondi called Wedding one of the.
3:29:57
Most prolific and violent. Drug trafficking organizers in
3:30:00
the world. While Cash Patel described him
3:30:03
as a modern day iteration of Pablo Escobar.
3:30:07
Bondi claimed over 2000 kilos of cocaine have been seized over
3:30:10
the course of the investigation, as well as numerous weapons. 3.2
3:30:14
million in crypto and 13 million in other assets.
3:30:17
Wedding also faces separate charges from a 2015 drug
3:30:21
trafficking case in Canada. He'd been previously convicted
3:30:24
in the US of conspiracy to distribute cocaine and was
3:30:27
sentenced to prison in 2010. If convicted on the murder, he
3:30:31
faces a mandatory life without parole.
3:30:36
So again, this one, it kind of escaped me.
3:30:39
I wasn't even aware this was a thing until.
3:30:43
I ran across the story this morning.
3:30:46
And maybe I just don't have a big enough criminal mind, which
3:30:50
is probably a good thing. But how do you go from
3:30:56
snowboarder to drug kingpin? That's the.
3:31:04
The biggest question that I have from this one, I mean, I
3:31:08
suppose. You could claim you're moving
3:31:10
from powder to. Powder ha ha.
3:31:12
But. I I just, I don't understand
3:31:16
where the synergy is there, where the crossover is.
3:31:23
It doesn't. It doesn't add up to me because
3:31:26
if you. Maybe I'm naive and maybe I'm
3:31:31
wrong, but. It feels to me like if you're
3:31:32
going to rise to that level. In that kind of crime.
3:31:38
It feels to me like it's something.
3:31:42
That you would have. More grown up around, you know
3:31:45
what I mean? And and been like trained in it.
3:31:48
And maybe he. Was and the snowboarding thing
3:31:52
was just kind of a, a pastime that he got really good at.
3:31:57
I I don't know, because, you know, two things can be true at
3:32:01
once. You can be a criminal and a good
3:32:03
athlete. Like we've never seen that
3:32:04
before. You know, Michael Vick, great
3:32:09
quarterback, also love to do bad things with dogs.
3:32:13
I you know, so I suppose that's true, but I wouldn't, I wouldn't
3:32:20
suspect that growing up in Canada, playing on playing on
3:32:26
the hills and the mountains with your snowboard suddenly leads.
3:32:32
To when that career is. Over you becoming a drug kingpin
3:32:36
again. Maybe I'm naive, but I don't
3:32:38
remember. I don't remember growing up in
3:32:43
Michigan and going out skiing and seeing a whole lot of drug
3:32:48
trade up at like Boyne. I don't know, Lindsay, do you
3:32:54
remember that you grew up in that area?
3:32:57
I, I don't, I don't recall it, but it's weird, strikes me as
3:33:02
weird. But I'm glad they got him and
3:33:07
hopefully he's brought to justice because it sounds like
3:33:10
they've got a pretty solid case there.
3:33:14
All right, one more story for you guys.
3:33:18
There we go. Another thing, this is from
3:33:31
Courthouse News. This speaks to a bunch of the
3:33:36
fraud that we're seeing around the United States.
3:33:38
Hadn't seen this one yet before though.
3:33:41
LA homeless. Housing provider charged with.
3:33:43
Stealing $10 million in funding. A Los Angeles provider of
3:33:48
housing and services for homeless people was arrested
3:33:51
Friday. Friday was a big arrest day
3:33:53
around the maybe not Blaine. Probably Crystal, though.
3:33:59
All right, fair enough. I, I never frequented Crystal,
3:34:04
so I'll leave. I'll leave that one up to you.
3:34:06
Lindsay, Los Angeles, provider of housing and services for
3:34:13
homeless people, was arrested Friday on charges he stole.
3:34:15
At least 10 million. From funding intended for the
3:34:18
unhoused and used it to fill his own Piggy Bank.
3:34:23
Alexander Soufer, 42, charged with wire fraud, according to an
3:34:27
announcement from the US Attorney's Office in LA, faces
3:34:30
up to 20 years in prison. He won't get that much.
3:34:35
He'll get 10 out in 7 1/2. That's my bet.
3:34:39
Suefer is the. Executive Director.
3:34:41
Of Abundant Blessings, a charity based in Hyde Park neighborhood
3:34:44
of South LA, he received 5 million in contracts from the
3:34:48
Los Angeles Homeless Services Authority to provide housing for
3:34:52
people who were homeless or were at risk of becoming homeless.
3:34:56
He also received more than 17 million in contracts through a
3:35:00
downtown LA based nonprofit called Special Services for
3:35:03
Groups Incorporated. Federal prosecutors accuse him
3:35:08
of misappropriating the money to bankroll a lavish lifestyle that
3:35:11
included luxury improvements on a 7 million.
3:35:13
Dollar House in the. LA upscale Westwood neighborhood
3:35:16
475,000 for what appears to be a vacation property in Greece, OK
3:35:24
private schooling for his children, lavish spending in Las
3:35:27
Vegas, private jet travel and stays at luxury resorts.
3:35:30
Across the US from. Miami to Palm Beach Suefer's
3:35:33
also accused of failing to appropriately shelter and feed
3:35:37
the homeless at his sights. Christ forgive me for that,
3:35:42
Lord. So not only is he stealing, he's
3:35:47
not even using the money that he doesn't steal to properly take
3:35:49
care of the people who he is supposed to be taking care of
3:35:55
after receiving hotline complaints and seeing anomalies
3:35:58
in his billing and services. LAHSA and city investigators.
3:36:03
Conducted site visits and, prosecutors say, found that the
3:36:07
only food services were things like ramen noodles, canned beans
3:36:11
and breakfast bars, rather than three meals a day.
3:36:14
He was getting paid for charges against Super Follow, those the
3:36:20
US Attorney's office brought last year, and against two
3:36:23
others for defrauding local and state agencies that fund
3:36:25
homeless aid programs. And I don't even need to read
3:36:30
the rest of that. We spend as a.
3:36:40
Country Ridiculous amounts of money.
3:36:44
Crazy ridiculous amounts every. Year on, trying to help people
3:36:49
around the United States, whether it's the homeless
3:36:52
population or those who aren't making enough money to feed
3:36:55
their families or whatever the case may be, and it is always
3:36:58
just so rampant with fraud. This is kind of become a little
3:37:07
bit of a broken record too, hasn't it?
3:37:08
I mean, we see it all across. The United States.
3:37:11
I mean, famously there's some questions about daycare.
3:37:14
Going on in Minnesota right now, there's this.
3:37:19
We see. We just, we see it everywhere.
3:37:24
And I don't know, like I said, if you hang around.
3:37:29
Me long enough. You know that I'm very big.
3:37:30
On preaching to about doing the right thing, about being
3:37:34
responsible, if you do make a bad choice, you take
3:37:39
responsibility for that and accept it.
3:37:41
I don't know. I can't, I can't fathom in my
3:37:46
mind doing a crime as big as taking, you know, what was the
3:37:52
10 million or whatever dollars out of the hands of those who
3:37:57
need it just to survive. Because I mean, even they're not
3:38:04
going to see the full benefit of that because of the overhead
3:38:06
that has to go into helping these people.
3:38:09
But but still. To pocket it yourself and get a
3:38:13
get a vacation home in Greece and a bunch of trips and private
3:38:16
jets and everything else while everybody else is surviving on
3:38:19
ramen and breakfast bars. It's a problem.
3:38:22
Yeah, kelps as infuriating. How are these orgs getting
3:38:28
vetted better? Well, that's a question, isn't
3:38:36
it? I mean.
3:38:39
It could very well be that you have a.
3:38:43
Situation where the people who are supposed to vet.
3:38:46
Are overworked. So.
3:38:49
They just push through the. Paperwork and don't pay a whole
3:38:51
lot of attention. It could be payouts because it
3:38:55
could be that that, you know, they're corrupt or it could be
3:39:00
corrupt in another way that the people who had vetted her in on
3:39:02
it as well. I don't know.
3:39:05
There's so many different reasons why that could happen.
3:39:09
All we know, I suppose, is that it does.
3:39:12
But we count on, we count on the goodness of others, and there's
3:39:19
so many out there that do good and I don't want to.
3:39:23
Throw everybody under. The bus.
3:39:24
But too often we see examples of those who don't do good, those
3:39:28
who don't have our best interests at heart, and then we
3:39:32
see things like this. This one just bothered me
3:39:34
though. You know, we see theft all the
3:39:37
time, but this is this is an especially egregious one to me
3:39:41
just because again, this is this is supposed to be trying to help
3:39:44
people. While some try, at least I agree
3:39:49
Ashley, some do try. Charles writes, going back to
3:39:58
the wedding thing. Wedding started outgrowing
3:39:59
marijuana in British Columbia and I guess expanded into
3:40:03
cocaine. He's pretty good at evading
3:40:04
prosecution. At first, OK, so snowboarding
3:40:10
and marijuana, I can see those going hand in hand.
3:40:13
There's a lot of there's a lot of culture crossing there
3:40:19
because you see it, you see it in like the snowboarding in the
3:40:22
skateboarding community. That that makes sense to me.
3:40:29
So, you know, it's often talked about how marijuana is a gateway
3:40:33
drug, but I didn't think they meant that in this fashion where
3:40:37
it's a gateway from growing and selling marijuana into growing
3:40:41
and and selling cocaine. But there you go.
3:40:47
I don't know, it's a weird, weird world, my friends.
3:40:51
But the good news is, is that we're all here to experience it
3:40:55
together, and you guys are great.
3:40:57
So that's the good part. Well, friends, I don't have much
3:41:05
else to share with you today. Michael says growing and selling
3:41:13
marijuana isn't nearly as profitable as cocaine.
3:41:15
Well, that's very. True, especially now that weed
3:41:18
is legal, Yeah. Now they kind of shut down that
3:41:20
market. Unintended consequences once
3:41:23
again, though, I suppose you shut down the illegal, shut down
3:41:26
the illegal cocaine or illegal marijuana market.
3:41:29
And you know, people are going to move over to cocaine, I
3:41:31
suppose. So there you go.
3:41:34
All right, my friends, I'm going to call it a day, just a few
3:41:37
minutes early, but I've covered really everything I want to
3:41:39
cover. We'll be back tomorrow, 9:00 AM
3:41:41
Eastern, 6:00 AM Pacific. Half an hour early for Channel
3:41:44
members. Plus we have sidebar tomorrow
3:41:46
night at 8:00 PM Eastern, 5:00 PM Pacific.
3:41:51
Not sure what we're talking about yet.
3:41:52
We got to figure that out today, gang.
3:41:55
But we'll be back tomorrow. So thank you so much for
3:41:58
spending three hours, 45 minutes with me.
3:42:02
I appreciate it. It's been a good day.
3:42:04
Thank you all so much and I will see you tomorrow.
3:42:06
Take care, God bless.