Latest / The Courtroom Files / March 20 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #254

Transcript

March 20 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #254 · The Courtroom Files

0:01
Good morning everybody, happy super Friday.
0:03
Welcome to TCF live. My name is Dan Soul.
0:06
You'll ride with me for the next four hours of Court action.
0:10
We'll start the day Lenawee County Judge anselone 494 at
0:15
age. Mr. Jenkins is present.
0:17
In person we do have a string of prints done is represented by
0:21
Rhonda Underwood. So Miss Underwood, you did
0:25
advise that you had an opportunity this morning to
0:27
speak with Mr. Jenkins. That's correct.
0:30
Yeah, do we need an empty OC president sir.
0:35
Oh, so, Mr. Jenkins, did you have an opportunity to read and
0:40
review the presents report? Yes.
0:42
All right. And have you had an opportunity
0:43
to speak with misunderstood about that?
0:45
Yes, I was satisfied with her as your attorney and the advice
0:49
that she is giving you misunderstood you wish to
0:53
explain or challenge the accuracy or relevancy of any
0:56
information in the presents report.
0:58
Your I believe there's a rougher just some sort of On page.
1:09
Six. Hi.
1:13
There's a reference to some gang.
1:19
Involvement and Mr. Jenkins does not belong in any gang?
1:26
You're on this was just like a neighborhood group of kids,
1:31
okay? So, um, The speed it is on but
1:38
the screen is black. Let me try again.
1:39
So we're gonna pause for a minute.
1:56
Okay. All right, so yes, I'm Paige 5
2:01
at States, according to his previous present investigation
2:04
report, the defendant denies being involved in any type of
2:06
games. However, the defense mother
2:09
indicated that he was involved in a group called The Cloud
2:11
thing and the China as boys. Sure.
2:15
Okay. And he went by the name people
2:18
paid and full, um, And who did this Miss Tuskegee?
2:25
Did this present report? I don't have her Mr. Stevenson,
2:29
are you here today for my court? Are you the only one here for my
2:33
court know? That's Sarah's case.
2:36
I'm not sure where she's at, okay?
2:39
All right, so um, I can strike that Mr. Stevenson, if you could
2:45
just make a note that I'm gonna strike that Anything else from
2:51
this Underwood know? Nothing else you're on?
2:53
Does the preset support goes any prior convictions in which there
2:58
exists any known constitutional defect?
3:01
It does not your honor. All right, the probation
3:04
department has computed. The minimum sentencing
3:07
guidelines to be 12 to 24 months.
3:09
You give that competition of guidelines.
3:11
We would agree with that. Computation here is there
3:14
anything you'd like Sam behalf of your client before the court
3:17
passes? Your honor mystery Duncan I
3:21
think as realized that The behavior brought him here is
3:27
really counterproductive. He is in for a long time.
3:34
He understands that the better he can equipment himself to be
3:38
on the outside eventually. The better forever one.
3:42
Um there is a copy agreement. In this case to the low end of
3:48
God line so we will be requesting Suttons of 12 to 60
3:56
months, your honor um and of course Mr. Jenkins is very aware
4:01
that runs consecutive to what he's doing now.
4:08
Mr. Jenkins, is there anything you want to send your own
4:11
behalf? Can you stand a little bit
4:14
louder for me? Know.
4:19
If you can just take maybe a step forward closer to the
4:22
microphone. You're pretty soft-spoken Mr.
4:25
Jenkins I realize you're serving present time on first free
4:30
murder. Is that second degree.
4:34
Okay. That was dismissed.
4:38
And then that was fled down to second degree.
4:41
And what was your sentence on that one?
4:43
Okay. so, you know, at 27 years, you'll be eligible for parole
4:51
but every time You get one of these.
4:56
Right? So this one will stack on that
4:59
one, and if you get in trouble, again, it'll stack on that one.
5:03
so, I just hope. That you're able to find your
5:08
way and not end up in front of the court all the time.
5:11
With these, where are you currently living?
5:13
Okay, I'm currently I'm sorry. All right, and determining the
5:18
appropriate sets. In this case, Port has
5:20
considered the seriousness of the events, your history, the
5:24
principal proportionality, the statutory penalty, the cost of
5:27
confinement, the sentencing guidelines, the report and
5:31
recommendation of the probation department, as well as what has
5:34
been set upon the record. At this hearing the Criterion
5:37
reasons for the sentence are the nature and gravity of the
5:40
offense, the discipline appropriate to its commission
5:42
deterrence against repetition by you.
5:45
And by others, the potential for reformation Vindication for Law
5:49
and the protection of society, it's a sense of the Court.
5:53
That you will serve 12 months to 60 months on each count with the
5:57
Michigan Department of Corrections.
6:02
You'll pay a crime victim assessment being the amount of
6:04
130 dollars in 68, dollars in state cost on each count these
6:10
run together but they they run consecutive to the current
6:14
serving, you understand that? Yes.
6:16
Now you do have a right to kill this sentence.
6:19
My bailiff's going to hand down to your notice of right to
6:22
pellet review in the center of the page on the right Ms.
6:26
Underwood will show you, you need to initial and date it.
6:28
Today is March 20 and then um, that's just acknowledging you
6:34
received the paperwork that copy comes back to me.
6:46
Just so I know you received the paperwork.
6:48
The other copies of for you, if you wish to appeal your
6:51
sentence, you would fill out the information on the form and mail
6:54
it to the address listed on the form within 42 days, Mr. Jenkins
6:57
are just thank you. So students, you want to go sit
7:05
up there. There's a sign-in sheet over
7:07
here. And you can hang out up there
7:11
and the jury backs. All right color review, we'll
7:18
get Mr. Piggies for your misunderstood side.
7:30
He leaves are peasants. I don't want to say thank you.
7:37
The one, you just two things being PSI in agreements Global
7:48
and okay. I just I don't have that you did
7:57
on this one. I don't have you.
8:04
There is a guy. Okay, you know which one?
8:17
Yeah. um, judgment is coming through
8:33
where Can anybody else hear judgmental?
8:37
And because I don't and I don't have a judgmental to feed pulled
8:41
up. This is something on your
8:44
computer, Ash. Let me know if somebody else has
8:49
the same issue because I I got nothing.
9:00
Miss Holly, could you approach? Wait.
9:19
Go either way. I actually approached.
9:52
To that last thing you with them.
9:55
But that's that one. Looks like it is.
10:01
I have concerned. You just?
10:09
Yeah. Okay, all right.
10:13
Yes. Okay.
10:15
I just wanted to make sure? Okay?
10:16
Yeah, all right. All right.
10:20
No, he just So this is in the matter of the
10:43
people of the state of Michigan University. 25 Dash 2 2 3, 9 9 F
10:52
H, Mr. Peace is present in the courtroom step over a little bit
10:56
closer to my phone please. Thank you.
10:58
He was represented by Ron Underwood and we also have
11:02
feeding McClure here from the Prosecutors office.
11:06
So, um, Mr. Piggies, did you get a chance to speak with Miss
11:11
Underwood this morning? Yes.
11:12
All right, and did you get to go through the presets rapport with
11:15
her? And did you get an opportunity
11:18
to ask her questions? Okay.
11:21
Are you satisfied with Miss Underwood as you're turning and
11:24
the advice that she's giving you all right?
11:27
So I know we're gonna get to the guidelines in a second, but
11:30
starting out Miss McLarty, wish to explain or challenge the
11:34
accuracy or relevancy information in the presents
11:37
report, I just would like it no doubt on the front page that the
11:41
sentence agreement was a copy agreement.
11:43
Okay? all right, you misunderstood on
11:56
the front page, you're on her. It says on retained.
12:06
All right. Well change that Port.
12:08
Clinton attorney. That is correct.
12:11
Okay, I'll show. Um, But continue.
12:19
Okay um does the present report disclosed any prior convictions
12:24
in which their exists? I mean, don't constitutional
12:27
feedback, I don't miss Underwood.
12:32
No. All right, so I um, at sidebar,
12:36
Miss McClure said that she had reviewed the guidelines and she
12:41
feels which ob7 if I would withdraw that.
12:45
There's no OB seven for this. There's yeah, it's a primary
12:48
Public Safety, Not a person. So I would draw that.
12:50
Okay, so the people the guidelines were computed to be
12:54
12 to 30 months. You have no objection to those
12:56
guidelines. Correct.
12:57
All right. And Miss Underwood.
12:59
Do you have any objection? Correct.
13:02
I have no. Okay.
13:04
Before has this sentence Miss McClure, is there anything you'd
13:07
like to say on behalf of the people?
13:10
Yes, your honor. I just want to make sure the
13:11
Court's aware of the nature of this event.
13:14
This was an instance at MDOC at Gus Harrison where Mr. P's was
13:19
upset with A couple CEOs or ACO and in passing them in a common
13:27
area, through them over the railing.
13:30
And the prison, this could have resulted in very serious harm.
13:33
Luckily, the CEO was not, he was treated for some minor injuries
13:39
but and then it ended in multiple CEOs coming on Mr. P's.
13:44
And in essence of all but between the three of them or two
13:48
or three of them so it certainly could have escalated even more.
13:52
But I think the fact of how it escalated was very severe and
13:57
his impulsive actions to do that to SEO were very concerning.
14:01
I do think the court should consider a sentence that was
14:08
recommended, which was the 24-month.
14:09
It is mid-range guidelines. Not the bottom, the bottom of
14:15
the islands, obviously are 12 months.
14:16
I just think for the deterrent factor and the nature of crime
14:21
of this, Sure, I think 12 months is a little low Mr. Peggy's has
14:25
a number of years left to serve in MDOC and I think one year at
14:29
the Thailand, isn't enough of a deterrent to keep him from doing
14:33
this again, in his years, coming up at ndoc.
14:37
I'm sorry to ask the court to consider the 24 months and thank
14:41
you. All right, thank you.
14:44
Miss Underwood. Anything you want to say I'm
14:46
from Mr. Pickles. Briefly your eyes Mr. Freeze
14:51
understands the nature of what he did, he further understands
14:56
that it was unacceptable, I Am. A little concerned.
15:06
About. The.
15:13
Connection. Between.
15:17
The. Prepare of this report. and the
15:27
charge on officer, or Talking person at the president, your
15:31
honor. I'm Hi.
15:37
It's of concerned me so misunderstood I did address that
15:41
when we approached Ms. Teske, Ryan Teske, is, or ex-husband.
15:47
Which could better fit your client.
15:49
I don't know what their divorce was like, but he was just the
15:53
investigator. He wasn't the victim of
15:54
disciplines and your honor, he wasn't even the investigator.
15:57
There was an MSB independent investigator, Mr. Veski, just
16:00
took the instant report at the prison, he wasn't even the MSP
16:04
investigator that submitted to our office.
16:06
So I don't feel it that point. There's conflict, thank you.
16:13
Continue with the cops. We Gathering.
16:16
I think Mr. Piece was under some I don't want to say, Changes.
16:30
In his. System, you're on her that
16:37
perhaps. Exacerbated, this situation.
16:40
And I think that is been discontinued and Mr. Peggy's to
16:48
me, and at every time I dealt with them has been called a
16:56
respectful and in no way intimidating, I would hope the
17:02
court would continue with the top speed.
17:06
Right, so Mr. Peggy's, is there anything you want to say in your
17:10
own behalf? So your 36.
17:14
Now how old were you? When you went to prison 19?
17:17
And you were sentenced to 36 years for second degree murder.
17:22
Is that correct? and, I'm showing, like,
17:34
Misconducts, you've had one to three, four, five, six, seven,
17:38
eight, nine, at least nine assaulted tickets sentiment
17:43
there and you want to understand that these sentences just stack
17:48
on the current, sent your serving, right?
17:53
He and determining the appropriate sentence.
17:56
In this case, the court has considered the seriousness of
17:59
the offense, okay? Um the seriousness of the
18:05
offence, your history, the principle of proportionality,
18:08
the statutory penalty, the cost of confinement, the sentencing
18:12
guidelines, the report and recommendation of the probation
18:14
department, as well as what has been set upon the record at this
18:18
hearing the criteria reasons for the sentence or the nature and
18:21
gravity of the offense that discipline appropriate to its
18:24
permission to turn against repetition by you.
18:27
And my others, the potential for reformation Vindication from the
18:30
protection of society, sentences of the court that you will serve
18:34
12 months to seven and a half years with the Michigan
18:37
Department of Corrections. This does run consecutive to the
18:41
current sentence or any other sentence that you have.
18:44
I don't know that you have a prior one of these, there is a
18:49
130 dollar crime, victim rights fee and 68, dollars and State.
18:53
Costs. And as I said to get no credit
18:57
and it does run constructive. So Mr. Piggies my bailiff's
19:01
gonna hand down to your notice of right to pellet reveal.
19:03
She's going to show you where to initial in data that's for my
19:06
records. Just so that I know that you
19:08
received the copy of it. If you wish to appeal this
19:13
sentence, you would fill out the information on the form and mail
19:16
it to the address list on the form within 42 days.
19:25
Thank you, Mr. Peggy's Records morning once again, everybody
19:38
TCF live on a super Friday. My name is Dan and it's good to
19:42
have you here with me today. Courts usually start off slow on
19:47
Fridays, but there's actually a little bit going on today for a
19:50
change. Let's go down to Lake County
19:52
Ohio. Judge.
19:54
F word is ready to get his Day started. as I understand, it
20:00
was, Represented by Warren, Sharon.
20:06
Who later filed something with the court?
20:09
Indicating she was no longer. with it with that law firm and
20:15
somebody named Nova Levante would be From Florida attorney
20:20
from for defendant from then on this Levante then filed a motion
20:26
to withdraw which the court denied because she had never
20:29
filed a nose appearance right now.
20:32
I sort of questioned this yesterday have who might peering
20:37
for and was told that Miss Lavonte was Going to file a
20:46
notice of appearance yesterday? And she has been gone.
20:50
She's been going to file a notice of appearance for about
20:52
two weeks now, don't know if she did that.
20:54
No, it's not on the docket, right?
20:58
So, So how did you get here? And where is Mr. Meijer I do not
21:07
know where Mr. Meyer is. I have not seen him.
21:10
I am here because The defendants Law Firm.
21:18
Contacted. a company called disappearance, which contacted
21:24
an attorney in Ohio, by the name of Matthew Lombardi, who
21:28
contacted me and asked me if I would come over here, So that's
21:33
where we are. All right?
21:34
I mean, how can I have you appear for Mr?
21:37
Meyer. If there's no no, the parents
21:40
and there's no Mr. Meijer I agree.
21:42
You rather. And then you want to see about
21:47
this. I know your honor I mean we're
21:50
prepared to go forward, I guess. All right let's go forward and
21:55
Call your first witness, okay. I like to call Miss anchor and
22:00
Singleton to the stand. You can stay right there.
22:02
Now would you raise your right hand?
22:04
You swear to somebody about gives the truth.
22:05
The whole truth and nothing but the truth.
22:07
Help you got. I did.
22:08
All right. Go ahead.
22:08
Please state your name for the record, Ingrid Singleton and
22:13
please spell it for the record too.
22:14
E n g, r, a n last name s i n g l e t o n.
22:22
What is your title? Records custodian for accounts
22:27
on by lb&t funding. And what's your what's your job
22:31
description? My day-to-day duties include
22:35
reviewing and verifying the accuracy of the business records
22:39
in account documents for the accounts on by lvnv funding
22:43
impression and preparation to authenticate those same
22:47
documents. And then anything else the
22:49
compliance manager tasked me to do And then so you would say the
22:54
custodian of the business records that LVN we have yes.
22:57
Special, those that were received upon assignment of the
23:01
original that in question. Yes.
23:05
I'm going to hand you what I've marked as exhibit one.
23:12
The honor me, I approach. Yeah.
23:17
Thank you. Could you please take a look at
23:22
exhibit one and tell me in your own words?
23:24
What that is? This is the charge-off statement
23:27
which was the last statement during the life of the loan.
23:32
That's our first page. We're looking at, right?
23:33
That's correct. Okay.
23:35
And then what is the charge off balance?
23:39
It is 23,430.86 Mr. Meyer receive a copy of that.
23:45
Yes, Let's look at the next page if you will might be blank on
23:50
yours. I don't know, maybe not.
23:51
What are we taking a look at here?
23:53
This is the pavement history. This is the entire life of the
23:56
loan that was open through the original creditors, are that
23:59
right? That's correct.
23:59
Okay. We're payments made on the yes,
24:03
there were. And what were the amounts of the
24:05
payments made on it. 60019 and 19 Cent for the most part.
24:11
There was one that was six, seven, ninety eight and the very
24:16
bottom. What was the last payment on
24:18
this payment history? Do you see with that was?
24:20
Yes, sir. It was on June, the 9th 2024 and
24:25
what was the amount of that? 60019.19.
24:28
So that was the last payment made on this account, that's
24:31
correct. And then again, if we look at
24:34
the bottom, there's all the final balance there.
24:36
Is that, right? Yes.
24:37
What is the balance of that 23,430.86?
24:42
Was this document maintaining the ordinary course of business?
24:45
It was your job. As you can still need a record.
24:47
Yes, sir. I'm gonna hand you what I've
24:53
marked as exhibit two. The Iron Man approaching.
25:08
A look at that document and tell me in your own words.
25:12
What that is This is the bill of sale that shows the transfer of
25:17
ownership from the original creditor through lbs, purchasing
25:24
affiliate, resurgent, acquisitions.
25:27
So that was sold from or so. If I lending Corporation the
25:33
original creditor correct, they assigned the debt To your your
25:39
office. Is that right?
25:40
They assigned the debt to research and acquisitions. and
25:44
then to lvnv funding, Skip a couple Pages there since you've
25:52
established that. It went through Resurgence and
25:54
ovie, envy once you take a look at that, what's labeled as
25:58
exhibit a in that same packet, And then the following
26:04
documents, can you? Please tell me what that is?
26:08
this is, A printable view of a portion of the, the schedule of
26:16
accounts that was purchased in this portfolio, with only the
26:21
defendants account being unread, deed about halfway down line.
26:26
Number 757, all of the redacted information of and below that
26:30
belongs to other consumer accounts and so that it's
26:34
redacted for privacy purposes and has no purpose here today.
26:39
Thank you. Take a look at the unredacted
26:41
part of that document whose name is on there.
26:46
On the second page of that, you can see that it's Stephen Meyer.
26:51
And can you tell me the address as well?
26:53
106 Rose Court Painesville, Ohio 44077.
27:00
And is there an amount on there if you keep looking through it?
27:04
Might be a couple Pages down maybe.
27:07
Yes, one, two three. On the third page, we have the
27:18
principal amount of 21,602.97 and then the pre-charge off
27:25
interest was 1,827.89. Was this document maintained in
27:35
the ordinary course of business? Yes it was.
27:36
And that's pretty in record. You, you keep.
27:39
Watch over all of these documents as I write.
27:40
Ya accurate? Yes.
27:46
And the final document here. They will exhibit three.
28:01
Take a look at what I've labeled as the three and please tell me
28:03
your own words. What that is This is the loan
28:11
agreement and the truth in lending disclosure.
28:17
And just outlines the amount that was financed by the
28:20
original creditors. I write it does.
28:23
And also, the payments that were required from the defendant to
28:27
make is that right? Yes.
28:30
As we go through this document, we see some terms and
28:34
conditions. These are pretty standard.
28:36
Is that correct? They are.
28:39
And it does, it include documentation or language.
28:42
That shows interest rate in late fees, that would be applied.
28:45
Yes, according to the agreement. Yes, Moving through that.
28:58
Bring your attention to like the third to last page.
29:07
At the bottom of that. Well, this what's the what's the
29:10
name of this page right here that you're looking at?
29:12
This is the signature page, okay.
29:13
And at the bottom, does it contain the defendants
29:16
signature? It does.
29:17
What's the just so that we're on the same page, there's a bunch
29:21
of numbers below. The signature.
29:22
Can you tell me what that is? Um, this is a DocuSign
29:26
signature, so it's like an electronic signature and that
29:31
number below identifies. the signature as far as the the
29:40
trail goes to know that it was just signature.
29:44
So according to the document, it appears Steven Mayer Mayer did
29:47
sign. This digitally.
29:48
Is that correct? Yes.
29:50
And what day was that? Signed June the 24th 2023.
29:56
And was this document maintained in the ordinary course of
29:58
business? Yes, it was.
30:01
Yeah, I'd ask if it's one two and three being made into the
30:03
record, no further questions. Well, kind of conflicted here,
30:09
Mr. Robusto since you're not really here you are here.
30:14
So if you want to ask any questions of the witness, you
30:19
can go ahead and do that. Sure.
30:25
Miss Singleton, referring to exhibit one.
30:30
And three. These are.
30:36
These are documents that were prepared and maintained by
30:39
sulfide lending corporations. That correct.
30:42
That is correct, okay? you are an employee of the
30:46
current holder of the of the Dead.
30:49
Is that correct? Which is LV funding, so correct.
30:54
I'm actually employed by resurgent Capital Services.
30:56
Who's the master servicing? Agent for lvnv funding where the
31:00
attorney? In fact for them I see Okay.
31:06
Do you have? Do you have knowledge of how
31:11
these records were prepared and kept by the original creditors?
31:16
So finally, the corporation Yes, Sir.
31:19
Arthur training bus so far. Training training.
31:23
Yes, sir. What kind of training?
31:26
It was a training with our company and their company, their
31:31
department, heads and different departments.
31:37
Educating us on their procedures and processes.
31:40
I see. You know what?
31:52
I love. Nothing was all right.
31:54
Thank you. Any other Witnesses?
31:55
No, no. How much you asking for?
31:59
Yes, the amount we're asking for is 23,430.86 plus court costs
32:06
and statutory interest. All right, and you want to see,
32:09
Mr. Robusto know, you are. All right.
32:11
So I will issue an order judgment for the plaintiff.
32:14
24,000 23,430.86 plus costs and statutory answers.
32:22
Thank you. What was the name of the company
32:27
that contacted you to be here? The the actual human being who
32:33
contacted me to be here is the name is Matthew Lombardy.
32:40
But I believe that the company that contracted him.
32:49
Was a company called this appearance capital, a capital t
32:54
h. I s capital a p p a r a n c e
33:01
one word. and I believe they are a company that Assist in turn
33:11
these to cover hearings. Okay?
33:13
I mean you can do whatever you want.
33:15
I know you get paid to be here which is good for you, okay?
33:19
But you could if you would be so kind as to inform Mr. Lombardi
33:27
who can then choose to or not to let this appearance know that.
33:33
That. I'm not from this point forward,
33:35
I'm not going to let anybody participate in any hearings
33:39
unless they're the attorney of record.
33:41
Okay? Rother.
33:42
I. Yes, her day.
33:43
Examine the The docket and saw that the court had apparently
33:50
ordered that attorneys of Records.
33:53
Be present also clients. So I did, I did notice that, I
33:59
don't know if anybody else did it.
34:01
But I will pass that on. Okay.
34:09
And that's the end of that. All right, let's go.
34:13
Michigan judge Elmore. Morning, welcome to the 28th
34:20
Circuit Court here in Wexford County.
34:21
We begin to day's doctor called like taking up the case up
34:24
people to say to Michigan versus Henry Collins.
34:27
This is case number one nine dash, one, two five nine, two, F
34:34
h appearances from Council. Beginning with the AG Zone
34:38
facility. You got a good morning for the
34:40
record. My name is Mark Burke.
34:41
My p. Number is 54935.
34:43
I'm with the Attorney General's office.
34:44
Currently people. All right.
34:47
Thank you. Thank you to join us for the
34:52
Wexford jail today. I was just briefly Consulting
34:54
with probation officers, as well.
34:57
So here this morning, Mr. Kevin steppen.
35:00
He's the age of the Michigan Department of Corrections on
35:03
this case and joining us today. In Westford County, Jail is the
35:07
defendant Mr. Henry Collins, Mr. Collins, are you able to see it
35:11
here at this morning? Yes, sir.
35:14
All right. Thank you very much.
35:17
All right, so we were here on the record.
35:18
I don't really hear this week. We support conducted an
35:26
arraignment on a patient mileage requests and more.
35:32
There were some of amended counts.
35:44
Looks like the initial request and warrant was issued back on
35:49
January 13th. 2021 that included.
35:53
A single count or violating rule one alleging that the defendant
35:58
had committed child neglect in the state of Oklahoma and that
36:02
on March 13th, it was in Amended or additional requests and
36:09
weren't that included. Three more counts.
36:12
One works for violating allegedly violating conditions,
36:15
3 failing to make a true full report to the probation officer,
36:19
since January 4th of 2021, a violation of conditions, for
36:26
foreign, the nation, Department of change of address, back in
36:32
February, 2nd of 2021, and then a fourth counting again.
36:37
Rule one for testing positive, right?
36:40
The convicted of possession of methamphetamine on October 21st
36:45
2020. All right, now that I've gone
36:48
over what the Chargers work, we can conducted at arraignment to
36:53
accept for and get formal hearing request Council, which
36:58
is how we got Mr. Harris. All right, now that covered how
37:03
we got here, why we're here. Let's find out what we're doing.
37:06
Mr. Vento, thank you honor. I did meet with my client
37:09
yesterday at the Wexford jail, communicate that he would like
37:12
to resolve this matters speedily and he would not ask her if he
37:15
has experience. I did not have a recommendation
37:17
from the probation officer at that time, but I have consulted
37:20
with Mr. Solid before coming on the record, I do believe.
37:23
We might have an agreement in place and we could go ahead and
37:25
play this thing out today. Essentially preceding the
37:28
sentencing, it's important would be so gracious as to allow me an
37:31
opportunity to consult with my client and work at room briefly
37:33
sure. But also Mr. Burke sounds like
37:37
Mr. Who spoke with the Department of Corrections.
37:41
While they may have a recommendation and agree to
37:44
handle it one way, do you know what they're talking about?
37:50
I don't I don't know what the recommendation.
37:52
I'm sorry. Okay good enough.
37:55
Well let's go ahead and just change it on the record.
37:57
So that way Mr. Burton here and I'll go ahead.
38:02
Thank you. Okay, thank you and Mr. Solid
38:05
Amtrak me. If any of this is Michelle
38:07
Williams and Technical violation of new Criminal conduct from the
38:26
state of Oklahoma conviction there.
38:29
Um, in exchange, the recommendation would be Json,
38:33
sort of geologists and sentence at the discretion of your honor.
38:35
We already have a PSI from the file previously, it was a delay
38:39
and I would like to discuss that with my client and discuss the
38:44
possible outcomes here with them.
38:45
It was received board with this. So you said the verify two
38:51
things in that argue, just make sure everybody's track.
38:54
Technically because they're all Beyond six days, they're all
38:57
non-technical. What?
39:01
So I would need to know which one of the non technicals for
39:05
new conduct, which would be count one and count four, which
39:09
one of the two count four, the one for the methamphetamine
39:13
conviction. About how one we don't really
39:21
have a strong preference one way or another.
39:23
I would want to consult with a client on that, but Okay, and
39:27
then so really it's just a recommendation that actually
39:30
after that there's a recommendation for Jailer and I
39:33
don't over the guidelines before Mr. Devilman or Miss fear of
39:38
mental zero to nine your honor. Okay.
39:40
All right, recommendation. Not ascendancy agreement.
39:44
Yeah, I can send us up to your honor.
39:45
Yep. All right, Mr. Berkeley have any
39:49
input there and so I'm sure I'm clear on this round.
39:51
I apologize. So, the defense are gonna be
39:54
cleaning guilty to one count of violating.
39:57
A lot of those two counts. Is that right?
40:01
That is correct. It would be one of the two.
40:03
I don't know which one that would be one.
40:06
The count one is the challenge and collect.
40:11
About four is the possession of methamphetamine.
40:15
I'm not sure, I'm sorry. I was just, I'm not sure why.
40:18
He's not cleaning the both. Um, but first of all, hold on,
40:23
first of all, I do not know. but, He'll be the one.
40:32
Or three or four? The potential sentencing is
40:37
still the same. Okay, because I don't have, I
40:41
don't, so I don't really care. This is all between you guys.
40:43
So we're gonna take a recess here, Mr. Burke, we're going to
40:48
put you into the Matrix, which will be just a plain white room.
40:53
All right. Digitally, I think you're
40:57
supposed to take the blue pill. I don't know.
40:59
Yes man if maybe I don't know if there's a way for me to go on a
41:04
breakout room with Mr. Burke or if the court could send himself
41:07
on number and him and I could then talk a little more about
41:09
this Mr. Burke. We're gonna put the three of you
41:12
into a breakout room and then you can leave it when you're
41:17
ready. Okay, that's good.
41:21
Thank you. One know, the French philosopher
41:25
for the Matrix is all about. Renee Descartes, thank you for.
41:33
I am disregard take that discuss in your breakout Mr. Collins
41:38
stay right, where he will be back here in about 10 minutes.
41:41
Thank you very much. We are in recess figure out.
41:52
All right. We'll Circle back to judge
41:53
Elmore at some point. In the meantime, we'll head down
41:56
to Florida for our pretty much daily visit with Wade Mercer.
42:02
The one can of dealing has told him property.
42:03
Mr. Lee there is probable cause for the charge Mr. Lee, I've
42:07
also looked at your criminal history, several prior charges,
42:10
you have. Some of them are juvenile
42:12
offenses, I'm aware that. So naturally, I think you're
42:15
entitled to bond. As far as I can tell, I'm going
42:17
to ask the attorneys that they have any additional information
42:19
before, I set that Bond Mr. McDaniel, anything on behalf of
42:22
Mr. Lee Young just, you know, he's not 10 years old and, you
42:27
know, I think I was stuff. Maybe.
42:28
I don't know how long ago they were underneath.
42:30
It was a juvenile, but I don't know how they were.
42:33
Just asked for some kind of Reason, police options.
42:38
Okay. Thank you.
42:39
Mister Mitchell, another one state, your own.
42:41
I think the most recent thing I had before this was 2021. that
42:47
may have been dismissed, it was Bad on a.
42:53
Health Services Personnel, that was just missed.
42:55
And then, there was a couple charters before that
43:01
Trespassing, that was dismissed. Lake City.
43:07
Burger of an occupied dwelling unarmed adjudicated delinquent,
43:10
may have excuse me, April 21. So Mr. Lee, this is a second
43:15
degree felony accused of their appears to be substantial
43:18
evidence. In this case, I want to set your
43:20
bond at 10,000 dollars cash or Surety.
43:22
Unless you request a cash Bond, Mr. Daniel for a surety bond.
43:26
Okay. Yeah, Cash 3 cash Bond Mr.
43:30
Mentioned, I'm Jackson you'll be cash because of the peers.
43:34
There may be restitution notes. It's 1,000 cash Mr. Lee, he
43:39
posted the ball. You'll be released.
43:40
You do have a condition. No contact with Ledger victim,
43:42
Mr. Lee and Mr. Lee you will get these a phone and just a few
43:45
minutes to try to post that Bond.
43:47
I'm gonna ask the jail to give you a notice for your court
43:49
date. We'll be able 7, still April 7th
43:52
will be your court date. Mr. Lee they'll give you that
43:54
notice in just a few minutes and then you'll get used to follow.
43:57
Do you have any questions sir? Mitchell Lee wish you the best.
44:02
Yes, thank you, sir. We have James Levin's next.
44:10
Morning. You're here for charge of
44:17
violations state probation. In case 24 that's 0 7 4.
44:21
The warrant that I'm looking at is a no bond warrant signed by
44:25
the Circuit. Judge it's based upon a new
44:26
charge in Calhoun County appears Mr. Levin's I'm going to appoint
44:31
the public defender's office. Represent you in this video.
44:33
P if you want one, if you want to turn.
44:35
That is would you like to have an attorney appointed?
44:36
Represent you Want to point the public defender's office
44:40
represents you listen to Mr. McDaniel, and then we'll see if
44:42
you have any questions in just a minute.
44:43
So we're going to be not guilty. Yes, April 23rd Court docket and
44:48
I advised him to be a train from the peace officer come out.
44:52
Thank you, Mr. McDaniel Mr. Mitchell anything.
44:54
There on it. So, Mr. Levinson attorney will
44:56
see you before your court date. You have any questions?
45:05
Yes sir. Stephen Cooper.
45:16
Hey Mr. Cooper, good morning. You're here because you've been
45:18
here, one count of good morning. You've been accused of one count
45:21
of violating a pre-trial release condition for domestic violence.
45:25
That is a relatively new statute.
45:27
Last year's, I think that's the first degree.
45:30
Mr. Houston stuff. You already owned in case 206132
45:36
and 26132. Mm, or about three days.
45:39
Thank you been on about three days and now accused of having
45:43
contact with the alleged victim in violation of a court.
45:46
Condition of your bond. So that's what you're accused
45:49
of. That's your bond status.
45:50
I'm gonna listen to the attorneys.
45:51
Then we're going to go from there, Mr. McDaniel, anything on
45:53
behalf of Mr. Cooper. Jonah, just he, you know that I
45:58
was delegations but that's all. Thank you.
46:01
Thank you Mr. McDaniel Mr. Mitchell your honor.
46:03
Um, I guess I could elaborate on some more information regarding
46:08
this. I know that this complaint is an
46:11
allegation about incidents and that may have happened.
46:15
When he was out on bond, we have been in contact with victim
46:18
since Basically, this case has been filed and even while he was
46:23
in custody, there was allegations from the victim
46:26
saying that he was using third parties to try and get in
46:30
contact with her. So, we have definite concerns
46:35
about regardless, even if his bond is revoked, which is what
46:39
we're requesting that, even if he goes back into the custody,
46:42
if he will, follow the rules of the court.
46:44
And, you know, not use any third parties to try and contact the
46:50
victim. We just wanted to bring that to
46:52
the Court's attention to determine what the right course
46:55
of action is as it pertains to his phone, privileges at the
46:59
jail. Thank you.
47:00
So Mr. Cooper, there appears on your criminal history.
47:03
I'm showing three now sometimes that may duplicate but I'm
47:07
showing three times you've been charged with violating and
47:09
Junction for protections 2015 and Okeechobee County 2016 and
47:18
Okeechobee County. And then there's another one.
47:25
Was the other one. so, there's there's evidence that in the
47:30
past, you've not followed the judges order 2024 as the other
47:33
one, there's a contempt to court, so, Given the evidence
47:38
against you, in this case, I'm going to set you bond in the new
47:40
case because you're entitled The One your boss gonna be 5,000
47:43
dollars cash or Surety but don't try to post it because I'm
47:45
revoking your bond in 26. That's 132 mm.
47:48
There is an independent witness. That allegedly saw.
47:51
You contacting the alleged victims to their?
47:53
There are two people saying this happened and so that that's why
47:57
I'm doing this is, you know, this is the fourth time.
48:00
You've been accused of not following a judge's order
48:02
regarding contact, so you have no bond at this point.
48:04
Regarding your phone, privileges.
48:06
I think it's premature for me to try to stop your phone
48:09
privileges of this point. But I'm going to tell you how
48:11
that works. Just so you understand, you you
48:13
have normal phone, privileges, but if there's all phones are
48:17
recorded from the jail. If there's any evidence that
48:19
sure you're using that phone to call a third person.
48:21
And then, that third person is calling the alleged victim and
48:25
there's coming to communication between you or if you are using
48:27
that a third person to send messages to the legend victim,
48:30
in that event, I typically will revoke all phone privileges
48:33
accept talking within the Turning.
48:35
So don't don't go down that path.
48:37
Need to have no contact whatsoever.
48:38
First of all, you could be charged with a Criminal Case
48:40
called tampering with a witness. You don't want to do that.
48:42
That's a felony charge. And secondly, you will lose all
48:45
your phone privileges very likely if that happens.
48:47
So no contact the alleged victim at all.
48:49
That means, no contact. That means written electronic
48:52
telephonic in person, face-to-face, carrier pigeon, I
48:55
don't care. No contact at all with the
48:58
alleged victim and we'll see where this thing goes from here.
49:00
As far as scheduling goes, what court date.
49:03
Mr. McDaniel, your question. Just put them both from the
49:06
April 8th, I guess, you're on. April 8th of your court date,
49:09
Mr. McDaniel is very proactive. I want things out and double
49:13
check that day. You think it may be the night.
49:15
Maybe the nine I'm not. Hey, maybe.
49:18
Correct, well, I mean, okay. So one thing about Mr. Mike
49:26
Daniel. He's very proactive.
49:27
And what I mean by that, he stayed on top of his cases.
49:29
So he may have you up before the end.
49:31
Otherwise that'll be your court date.
49:34
You will get used a phone today. The reason you get used to
49:37
phone, you get to contact friends or family.
49:39
Let them know what's going on with your bond status.
49:40
That you don't have a bond right now in one case, Mr. Cooper, do
49:44
you have any questions? No, sir.
49:47
I wish you the best. Here, we have Diana Burns.
50:12
Mr. Burns. Good morning.
50:14
Good morning. Miss Burns.
50:16
Good morning. You're here because you've been
50:17
accused of one, kind of driving while license suspended a revoke
50:20
knowingly. In his Burns, there is probable
50:22
cause in the complaint man. Excuse me.
50:25
My point to Public Defender's Office, represent you, please
50:28
listen to Mitch, Daniels, this is the understanding some
50:34
probation for six months, 400 dollar five, she gets her
50:37
license back. I think she's mailed off the
50:40
ticket that she owed, so she should have him back hoping to
50:43
hear pretty soon. He'll be 300 dollars.
50:45
She has waited for about three Sean.
50:51
Thank you. Miss Burns.
50:54
You need to understand a couple things that you have 60 days to
50:56
get that reduction in the. So if you get your license
50:58
within 60 days, it'll get lower like Mr. Back Daniel said, the
51:01
other thing is this case is all have a condition that you not
51:04
drive a motor vehicle without a license.
51:06
Yes, you get a license. If one is reasonably available
51:08
to you, knowing all that is this is this the play you would like
51:11
to enter ma'am? Yes.
51:12
Yes, sir and Mr. Mentions of the state.
51:15
It is your honor this Burns. I'm gonna accept your plea of no
51:18
contest to the charge of driving while license suspended or
51:20
revoke knowingly, withhold of adjudication.
51:21
Guilt sending you to six months probation with the standard
51:24
conditions of Probation. Plus the following special
51:27
conditions, Miss Burns, those are 400 dollars court costs and
51:30
fines obtain. A valid driver's license.
51:32
If one is reasonably available to you, do not operate a motor
51:35
vehicle without a valid license. And if you can get it out of
51:39
license, within the first 60 days, I'm going to save you a
51:41
hundred dollars on your court costs and find so before 300,
51:44
yes, sir. Ms Burns, what's going to
51:47
happen. Next man is going to let you get
51:50
dressed in your regular clothing.
51:51
They're going to let you use the phone at the jail.
51:52
The reason for that is in case you want to contact friends or
51:55
family, ma'am for transport purposes, you can be picked up,
51:58
not at a jail, you can be picked up at the courthouse and
52:01
probably 30 to 45 minutes that's about how long it takes you to
52:04
get dressed to get you here. Get you instructed by the
52:07
probation office and you'll be free to be picked up.
52:09
If you up if you want to call someone, you starting to do
52:11
that. You have any questions.
52:13
No man, wish the best. Thank you, thank you.
52:20
So first appearance, that said, I've got a couple, two other
52:24
things I need to ask you about gentleman.
52:26
Let me see if we got Courtney thing.
52:28
That's short morning for judge Wade, Mercer, good morning,
52:32
everybody TCF live. Good to have you all with me
52:35
today. I think maybe I've only been to
52:38
this court one other time, so let's give it a look.
52:43
This is Judge, Rossi. 17th Circuit of Kent County.
52:47
Michigan, one of my old stomping grounds.
52:51
Please. So at this time I will let Miss
52:55
burst lead us off. Thank you, your honor.
52:59
It's my understanding that defendant will be pleading
53:01
guilty to assault strangulation in this case.
53:05
Well actually he'll be pleading, no contest in exchange.
53:08
The people agree to a dismissal of the supplemental information.
53:11
Here, defendant is a sup too. In addition there has been
53:15
further negotiations by Mr. Lachmann that provided that the
53:18
defendant completes a period of probation.
53:21
Let me clarify, the people are not recommending, no jail.
53:24
But if there is jail time ordered and then probation after
53:28
the defendant completes that probation and counseling
53:32
treatment whatever, necessary the people would be amenable to
53:35
reducing this, to an aggravated domestic violence depending on
53:39
his participation and completion of probation.
53:43
And would we accomplish that via a delay of sentence or would
53:47
that be accomplished via sentencing with the additional
53:53
turn and then and then we'd simply go through and do the
53:56
set-aside. The latter of what you just
53:59
said, just so you would the people that you would sentence
54:02
and then set aside very well. Okay.
54:04
All right, thank you, Miss Birch.
54:06
All right, and Mr. Gears, will you place your appearance on the
54:09
record please? Hurry on our brain, gears on
54:12
behalf of Mr. Seneca, very good and Mrs. I forgot to ask the
54:16
maximum penalty for the charge pled, no contest to today.
54:20
The strangulation charge that is 10 years Runner, okay?
54:24
Very good. Thank you.
54:26
All right, Mr. Seneca, I'm gonna swear you win and Proceed from
54:34
there. So, Mr. Seneca, if you could
54:36
raise your right hand, Do you saw him only swear her that your
54:40
testimony today will be the truth in nothing, but the truth.
54:44
I do your honor. All right, thank you, Mr. And
54:48
Mr. You understand that maximum penalty, I could impose on the
54:53
assault with intention to do greatly harmed by strangulation
54:55
in the matter would be 10 years in the Department of
54:59
Corrections. Yesterday, okay and you've had
55:03
the opportunity by now to go over the rights, you're giving
55:07
up by entering a no contest. Plea in this case with Mr. Gears
55:12
Yes, I have your honor and you understand that includes the
55:15
right to be Tried by a jury, and, of course, to be presumed
55:18
innocent, until proven guilty, and placing the burden on the
55:21
prosecutor to prove Beyond a reasonable doubt that you are
55:23
guilty. I do your honor and you also
55:27
understand you're giving up the right to have the witnesses
55:29
against you appear in person at the trial and testify and be
55:33
cross-examined by Mr. Gears as well as the ability to have Mr.
55:36
Gears subpoena in witnesses that would testify on in your favor
55:41
and have them appear at trials. Are you understand how your
55:45
forfeiting the right to have the witnesses appear?
55:49
I do your honor, and of course, during that trial, you'd have
55:53
the right yourself to either testify or to decide not to
55:58
testify. And I would instruct the jury
56:00
not to hold your silence during the trial against you.
56:04
You understand that, right? Yes, I do your honor.
56:08
All right, and finally, there is an impact of a plea entry on
56:13
appeal. If you appeal after a trial, the
56:17
court of appeals must review my decisions before and during the
56:20
trial, my right? That is you have an appeal of,
56:24
right? They have to review everything
56:26
that I did. If, on the other hand, you
56:29
appeal, after a plea, It Is by leave.
56:32
And that means you basically need to convince the court of
56:36
appeals that year arguments have enough Merit to be reviewed in
56:40
the first place. It adds an extra hurdle to any
56:43
potential appeal. Do you understand that Mr?
56:46
Seneca I do. Yeah.
56:48
Very good and Mr. Seneca did you understand the plea agreement as
56:54
it was stated by Mrs. Yes, I do your.
56:59
Okay in that sounded accurate to you.
57:06
Maybe I should I to clarify that the latter of the two would be
57:10
that. Yeah, I can clarify that for you
57:14
that I will send to you. Then on May the 21st two, a
57:18
sentence that will be to the felony charge.
57:22
If you successfully complete the period of probation that I would
57:26
undoubtedly impose in this case it could be anywhere between one
57:32
and three years, then the prosecutor agrees then to in a
57:37
separate proceeding set aside the felony conviction and enter
57:40
a misdemeanor conviction again contingent on your successful.
57:45
Completion of the probationary period is that consistent with
57:48
your understanding. Um I was wondering if the
57:53
current probation I'm on. If that finishes or is this,
57:57
you're talking, I'll be sentenced and their probation.
58:02
Yeah. Are you on probation that?
58:03
Are you on a another case on probation?
58:06
Mr. Seneca Yeah, yes sir. It's a OWI case.
58:11
And that's what I thought that I was completely separate.
58:15
Okay. Is that consistent with your
58:18
understanding, Mr. Seneca, It wasn't but I do understand it
58:24
now. Okay.
58:25
Do you feel like you need more time to discuss with Mr. Gears
58:28
giving the new information? Um maybe I understood it from
58:33
him wrong he's got a well and I did want to interrupt your
58:37
moment I thought this was going to be a late sense in situation.
58:42
I'm not sure how we can accomplish the set aside.
58:47
Formerly other than through a delayed sentence.
58:52
Well, the significant difference is I see it, he is You know, the
58:59
judicial say, you know, it really involves the vote is an
59:03
important criminal procedure distinction.
59:08
That there is a little bit more hurdle and setting aside a, you
59:13
know that there has to. And the the fact is is that a
59:16
felony conviction During the period of probation, you know, I
59:18
kind of deal with this frequently and treatment Court
59:20
does enter and is sentenced on. So you know, in terms of a
59:25
record that might be entered in lean.
59:27
For example, it'll look like for that period of probation that
59:30
he's been fully convicted of the felony.
59:33
Affects not the end of the phone.
59:34
If she can go through, Prosecutor's emotion to set,
59:37
aside the original felony conviction, I said that aside.
59:41
And then we take a plea to the Lower offense at that time and
59:48
enter the misdemeanor conviction as the outcome after.
59:54
You know, after probation so it can be done.
59:56
Its A little more complex than you know perhaps the delayed
1:00:04
sentence but still accomplishes against the same goal at the end
1:00:07
of the day. So that's a clarifying, the
1:00:10
Snicker. I mean it's the same outcome
1:00:11
that we we discussed essentially it's just a different way of
1:00:15
going about it. Okay.
1:00:18
Then yep, I'm good and we can proceed.
1:00:23
Very good. All right.
1:00:24
So that sounds accurate to you as well.
1:00:26
Mr. Gears, it does. Your owner.
1:00:28
All right, in fact, you Mr. Seneca, Mr. Seneca is anyone
1:00:32
offered you anything in exchange for a no contest plea.
1:00:36
Today that we have not talked about during this hearing No,
1:00:41
no, you're not. No one threatened, you to get
1:00:44
you to take the no contest please.
1:00:46
Know you're on. So you're decision to play.
1:00:49
No contest is your own choice. Yes, that's it.
1:00:54
Is that you're on her. Okay.
1:00:55
And how are we going to establish the factual basis
1:00:59
Council? I will do.
1:01:02
So you're honor. All right.
1:01:03
Thank you, Ms. Brooks. And this is based on Kent
1:01:06
County, police report, number 25-1, 30020 which states that
1:01:11
honor about May 29th of 2025 at 1354.
1:01:15
Glen Park Drive Northwest in Kent County.
1:01:18
Michigan, the defendant did commit an assault by
1:01:22
strangulation against roles Noreen Hill in that, he put his
1:01:28
arm around her neck and dragged her with her neck, and the crook
1:01:30
of his elbow. She started struggling to
1:01:32
breathe and found herself. Unable to call the neighbor's
1:01:35
name for help she tried, but was unable to, she stated this
1:01:39
lasted about 10 seconds, and she couldn't breathe at that time,
1:01:42
with his arm, locked around her neck.
1:01:46
All right. Is that inadequate?
1:01:47
Fictional basis or an accurate factual basis?
1:01:50
Mr. Gears I believe it's forced to play on her.
1:01:54
Yes. Okay, and Mr. Gears, are you
1:01:57
worth any threats and Juiceman for promises made to Mr. Seneca,
1:02:00
but not least on the record, I am aware.
1:02:02
Not your Sparks, are you aware of any threats, inducements or
1:02:06
promises made in this matter that we haven't talked about on
1:02:09
the record? For the courtroom Mrs. Yes sir.
1:02:15
And Mr. Gears the car has your honor Very good.
1:02:18
Then, I will accept the no contest plea.
1:02:20
I find it accurate and supported, or I'm sorry if I
1:02:24
voluntary, and supported by an accurate factual basis, I will
1:02:28
have the Mr. Seneca, you should contact probation immediately
1:02:32
following this hearing, so that you can participate in an
1:02:36
interview for your presence investigation report.
1:02:39
And I will have that PSI completed at least one week
1:02:44
prior to sentencing, which I will set for May the 21st of
1:02:48
this year at 9 a.m. in my courtroom and bond conditions to
1:02:53
remain the same Mr. Seneca, including a very strict.
1:02:56
No contact with the victim Prosecutors Office.
1:03:00
Informed me that the victim at least perceived that there was a
1:03:05
Facebook post that was directed at, you know, her by singing
1:03:12
along the lines of looking at this sweet deal.
1:03:14
Like I got, you know, that's kind of in your face.
1:03:17
Now I know the nature of electronic media posts and
1:03:21
things like that, that may not have been the message, you
1:03:26
intended normative been directed at the victim.
1:03:28
It may have been in some other context.
1:03:30
However, I will inform you Mr. Seneca, that the, the definition
1:03:35
of contact that I impose to enforce a no contact order is
1:03:39
the one contained in Michigan law, which basically says any
1:03:42
electronic communication, even if it's directed to another
1:03:45
person or posted in a completely different form.
1:03:48
If I decide the intent was to convey a message to your victim,
1:03:53
even if that message is look at a good deal, I got in the
1:03:56
criminal case or whatever it might be, you know, that the law
1:04:00
places the Advantage here, squarely with the victim and the
1:04:07
disadvantage that squarely with you and further you know this
1:04:11
diversionary type sentence you got in this matter even though
1:04:14
it's not a formal domestic violence, diversion is a good
1:04:17
deal. And if you do violate that, then
1:04:20
that deal falls out from under you.
1:04:22
And I will send you on a 10-year felony, which could land in the
1:04:26
Michigan Department of Corrections.
1:04:27
So, as I say, to many people who are subject to a, no contact
1:04:31
order in circumstances like this, you don't want to send any
1:04:35
message, be it by mail, carrier pigeons smoke signal.
1:04:39
I don't care how its scent. If it goes in the victim reads,
1:04:44
it and comes in front of me. And says, I think this was
1:04:46
directed at me or some such thing and I agree with the
1:04:50
victim, you got everything to lose in this case, I might clear
1:04:53
on that Mr. Seneca Yes, your honor.
1:04:56
I was not aware of. Okay.
1:04:59
Well, Mr. Gears can maybe inform you a little more about that
1:05:03
was, but like I say you just totally need to refrain from
1:05:07
anything like that. And as I said, that downside of
1:05:10
social media course is if you send a message to one person,
1:05:13
you have no idea what that other person might be putting it on
1:05:15
their public post. They may be reconvening, it a
1:05:19
lot of times in a situation like this, you know, you think that
1:05:22
person is on your side and in reality, you know, they're
1:05:26
communicating everything that you say to them directly to the
1:05:29
other party. And, you know, like to say you
1:05:31
don't even want to get into a situation where I am examining
1:05:34
those facts, you know, and 20 minutes before they hearing and
1:05:37
then deciding on whether to send you to prison or not, you know,
1:05:41
the stakes are just simply too high to to mess with it.
1:05:44
So, very good and I'll give you a breakout with Mr. Gear, she
1:05:48
can explain what he understands of that allegation.
1:05:51
I just got a verbal notification that from the prosecutor.
1:05:54
I don't know. That much more about it either.
1:05:56
But I did want to give you the warning, because, as I said, the
1:05:59
stakes are it couldn't be higher in your case.
1:06:03
It's your honor. Thank you, very good.
1:06:06
Thank you all and we'll give you a breakout with a Mr. Gears and
1:06:10
like you say strict stricted here instead of that.
1:06:13
And of course that's going to be one of the terms of probation.
1:06:15
So this will be a, you know, a practice run, running up to
1:06:19
probation that, you know, you just got up, you know,
1:06:23
completely separate yourself in every way shape and form that
1:06:26
means taking a, you know, a social media holiday for a
1:06:29
while. Well, I'd say as opposed to
1:06:31
getting a holiday into the department of corrections, I
1:06:33
take the social media holiday I agree, you're no right.
1:06:39
Thank you. Thank you.
1:06:46
Okie dokie friends. Let's let's head back down to
1:06:50
Ohio and judge O'Donnell new contestant there.
1:06:55
Defendant did not report August 14th of 2025 to probation.
1:07:00
You understand that charge? Yes.
1:07:03
Third. Positive urine, sample on
1:07:06
February, 17th of this year, for cocaine.
1:07:09
You understand that church? Yes.
1:07:12
We're here for the final hearing, Mr. Robby, we are going
1:07:15
to admit or plead guilty to those violations and offer some
1:07:19
evidence in mitigation. Is that what you want to do?
1:07:23
Yes, sir. What's your plea?
1:07:25
To those allegations guilty. Except your guilty plea, and
1:07:29
find your guilty? Mr. Roby, thanks very much.
1:07:32
These are the things that I would say.
1:07:33
On Jessie's behalf, he's 40, 43 years old, he lives in Chagrin
1:07:39
Falls, he's got a very good job with the tree company and
1:07:42
provided some documentation. They still have that job of
1:07:45
waiting for him. They have plenty of work, he'd
1:07:47
like to get back to work. He has a significant other who's
1:07:51
a clean and sober individual. He indicates that prior to
1:07:55
turning himself in on February 12th that he secured an AA
1:08:00
sponsor and is more than willing to go and do whatever the court
1:08:05
has to do. As far as meeting, he's had 36
1:08:08
Days in the county, jail to think about it, his head is
1:08:11
cleared, he does have some health.
1:08:13
Well, I should I think I shared with you about his father.
1:08:16
His father, his failing is in stage, four.
1:08:19
Pancreatic and lung, cancer. He'd like to be able to get back
1:08:22
to his father. If I can approach, I have some
1:08:24
medical documentation. As far as Jesse can talk a
1:08:29
little bit about his condition. He's unable to keep a lot of
1:08:35
weight on, so it's been a, you know, quite a difficult stay in
1:08:39
the county jail. That kind of talks up his doctor
1:08:43
talks about that. So I would ask the court if it
1:08:47
would consider releasing him giving him again, the privilege
1:08:50
of community control. Court wishes to extend it.
1:08:54
I don't think we'd have an objection on that and attaching
1:08:58
conditions whether that's and outpatient program or AA
1:09:02
meetings. He'll do whatever he needs to do
1:09:04
in order to try to get himself back together.
1:09:06
Thanks judge. Thank you.
1:09:09
Well. Trying to think.
1:09:16
What I could order him to do. That he would actually listen
1:09:22
to. And do.
1:09:25
Sit down. You were sentenced on June 5th
1:09:30
of 2025 you were giving an additional 40 days in jail.
1:09:36
So that gets you out of about July 10th, after doing the did
1:09:39
the jail treatment program, right?
1:09:40
Yes, sir. Okay, so you got out honor about
1:09:44
June or July 10th. After having completed that.
1:09:49
And two weeks later, you submit a urine.
1:09:52
Sample, that's positive for cocaine.
1:09:54
Why is that? I, you know.
1:10:00
I was young and dumb, you know, my mind wasn't clear.
1:10:02
Well, wait a minute, wait a minute, wait.
1:10:09
July. 24th. You're 42 years old?
1:10:15
Now, you're 43. So, you're not young and dumb?
1:10:18
Well, yeah. Okay.
1:10:19
That's just, that's a, that's a horse shit reason.
1:10:23
Okay, so you you just Would you do stare at the wall during the
1:10:28
jail treatment program? Bide your time.
1:10:30
Do whatever you had to do and get the hell out of there,
1:10:33
right? Yeah.
1:10:34
I mean it's what you did. Why did you then disappear?
1:10:40
I, I can't give you any excuses that I didn't in the past.
1:10:44
I know looking for an excuse. I'm looking for an answer as to
1:10:47
why you disappeared. My father had hip replacement,
1:10:52
my mom needed my help, and I wanted to take care of my family
1:10:57
and once he was able to help himself a little more than I
1:11:01
could turn myself in and do the right thing.
1:11:03
Okay. And did you talk?
1:11:06
So what is the first time after? How often was he reporting Dave
1:11:15
or Josie? So you only reported once until
1:11:19
he disappeared. And when was that?
1:11:21
That Okay. All right.
1:11:27
And who was the pee at where you were the PO?
1:11:29
Dave I was Jennifer Harris, okay?
1:11:35
So I presume you told Jennifer Harris about these, this family
1:11:39
situation that was going on and how it was going to be difficult
1:11:41
for you know? Sorry I didn't.
1:11:43
I was a friend. Why not?
1:11:44
I was afraid too. Afraid of what.
1:11:46
I'll just prayed that consequences.
1:11:50
No, you weren't afraid of the consequences.
1:11:52
Did you? Did he have a discussion with
1:11:54
you Josie about why he didn't show up?
1:11:56
What did he tell you? I don't like anything.
1:12:06
I would say. So you didn't say.
1:12:08
When did he tell you that? I like you just meeting with
1:12:14
him. Okay, you didn't tell that to
1:12:17
her. I I wouldn't tell her I was
1:12:20
wanted to do cocaine that's for sure.
1:12:22
I wouldn't say that. Why is she lying to me?
1:12:24
I have no idea. Okay, well she's not like I mean
1:12:27
I do I do want to ride with my dad's this last time being able
1:12:30
to run on a bike. That's why I turned myself in to
1:12:32
do the right thing. So didn't want to ruin your
1:12:34
summer? Not I wanted to get my life back
1:12:36
on track. That's why I turned myself in,
1:12:38
you know, right. I thought the point of I
1:12:40
thought, I thought the point of The terms of probation.
1:12:47
Was to give you the necessary tools.
1:12:51
I hate that word in this context but the necessary tools to get
1:12:55
your life back in order. Wasn't that what it was supposed
1:12:59
to do correct. And so why didn't you take
1:13:02
advantage of the tools? I, I mainly problems and what
1:13:10
had family problems and take care of my family, you know?
1:13:16
By riding around doing coke, I didn't have my license.
1:13:20
I couldn't drive anything. I haven't even drove my car.
1:13:22
So you weren't right around your motorcycle.
1:13:24
I have a license. I know you don't have a late.
1:13:26
Yeah, the people out here driving every goddamn day.
1:13:29
Don't have a license. So you are you telling me you
1:13:31
weren't private at all during this time you were gone.
1:13:34
No, I wasn't driving the whole time, we're not driving.
1:13:36
Okay? Why do you insist at this point?
1:13:40
Where you are right now. Why do you insist on lying to
1:13:44
me? I I'm not going to and and I
1:13:49
suppose, the next explanation you're going to give me a test
1:13:52
and positive in July and then February is you only use cocaine
1:13:56
twice No know how often were you using it?
1:14:00
I was using it every other day, every other day.
1:14:08
Well, why should I keep you on probation?
1:14:11
Why in the world would I keep you on probation?
1:14:14
Because I'm trying to do the right thing?
1:14:16
I turn myself in. I, you know, I had a lot of time
1:14:18
to reflect from my time in jail and I got my head on straight.
1:14:22
Now I want to become a member of society and do the right thing
1:14:25
I'm supposed to believe you. I would help.
1:14:28
So I don't believe you. Why would I believe you?
1:14:31
Okay. I believed you on June 5th.
1:14:36
Of last year. That's why I put you on
1:14:37
probation. And tried to give you the tools.
1:14:41
Where did you get your mental health evaluation?
1:14:46
You didn't write. I went to jail.
1:14:52
A doctor Lyon who Dr. Light University Hospital.
1:14:57
He did a mental health evaluation, I believe Sarah. you
1:15:01
mean though, the doctor lot who wrote that, I had a lot of
1:15:04
heading got you've got this condition and that affects your
1:15:11
System is to be able to keep weight on and the frequent
1:15:15
eating. You need to do.
1:15:16
Yeah, that doctor lucky give you a mental health evaluation.
1:15:20
I can't, I can't recall. I mean I know jtp they gave me a
1:15:24
mental health, didn't? Okay.
1:15:27
So what did doctor say about every other day using cocaine?
1:15:31
As far as your medical condition?
1:15:33
He told me, not here, okay. So you don't listen to him
1:15:38
either. Who do you, who do you listen to
1:15:43
Who do you listen to I'm listening to you, you don't
1:15:47
listen to me. That's why you're here because
1:15:49
you don't listen to me. You don't care what I have to
1:15:52
say. What I say is no effect on you.
1:15:55
So why in the world would I keep you on probation?
1:15:58
I want to do the right thing. No, you if you wanted to do the
1:16:03
right thing, You would have, you would have taken some corrective
1:16:07
action after July, 24th, corrective action wasn't
1:16:11
disappearing. That's why I turned myself in.
1:16:14
I turned yourself. You disappeared, July 24th, and
1:16:18
you turned yourself in February 17th.
1:16:21
And you think you want some sort of credit for that?
1:16:24
You know, that know my father had a hip replacement.
1:16:27
I wanted to help my father Why don't you have a driver's
1:17:02
license? The courts kept it and I didn't
1:17:07
forget to read what courts kept it.
1:17:09
This one this one I suspended you for a year.
1:17:12
Yeah I didn't expect this September 25th of 24th.
1:17:16
So how am I keep in your license from you right?
1:17:19
The warrant for my arrest had the hold on like driver's
1:17:24
license and so you chose To do that.
1:17:27
I didn't. I got nothing to do with your
1:17:30
suspension, right? So why don't you have a license?
1:17:35
Because I had a wire out for my arrest and you had a warrant out
1:17:39
for your arrest because you decided you didn't want to play
1:17:41
in the in the whole probation thing.
1:17:44
That's why you had a warrant out for your arrest.
1:17:46
Right, right. So why don't you have a license?
1:17:51
You don't have a license because you decided it wasn't important
1:17:54
to get a license. You decided it was important to
1:17:57
run around doing coke every other day.
1:18:05
That that's your priority. Your priority isn't your mother
1:18:09
and your father. Your priority was you getting
1:18:12
high every other day? Where I, you know, I've changed
1:18:19
my mind and I had a lot of time to think about it.
1:18:23
Maybe you need more time to think about.
1:18:26
Maybe maybe. You need 12 months in prison to
1:18:35
think about. That's seems.
1:18:40
To be what you need. Okay.
1:18:46
I mean you want me to put you on probation?
1:18:49
And you blew that off within two weeks. if it was even that long,
1:18:59
And you want me to do that again?
1:19:00
What is it? What is it that you think you
1:19:04
can accomplish on probation? I Could Turn the Page.
1:19:09
What does that mean? I don't know.
1:19:10
What? Turn the page I get?
1:19:11
I can try. I can do the right thing.
1:19:13
Yeah, I don't know what through the right thing means, either.
1:19:18
Because you've demonstrated that.
1:19:20
That you can't do the right thing not to use.
1:19:23
So what is it? Don't give me these planets.
1:19:27
So okay don't Don't listen to what the Knuckleheads over here.
1:19:30
Are saying, okay, what is it? You need.
1:19:34
To do. On probation. do not do drugs
1:19:41
and can So how are you? How do you, how do you Propose
1:19:49
to accomplish not doing drugs. Stay away from people and
1:19:56
places. What people were causing you to
1:19:59
use drugs in the last nine months.
1:20:01
Yes. You know, people I chose to be
1:20:04
around at that point in time, sir.
1:20:06
What people that did Jackson, Who Drugged people drug people
1:20:14
drug? You were doing drugs or drug
1:20:16
people who? Just I can't you know what?
1:20:23
I don't know. That's why I'm asking you yeah.
1:20:28
Friends. What friends that I don't need
1:20:33
anymore. Okay?
1:20:34
Which friends are those that you don't eat anymore?
1:20:39
I can't call, you know, I don't have any more hearings today.
1:20:42
I can do this all day. All day, I can sit here and ask
1:20:46
you questions and all day. You can give me non-answers, and
1:20:50
then I can, I can do this all God damn Dave.
1:20:52
If you want. Or.
1:20:58
I can say, 12 months and get up and leave and take the rest of
1:21:02
the day off. Those are my two options.
1:21:11
I tell you what you do. I'll tell you what you do.
1:21:13
Why don't you take a few minutes?
1:21:16
Talk to Mr. Roby, thank you who's doing his best.
1:21:21
To help you. And then I'll come back.
1:21:24
Yes, all right. Yes sir.
1:21:26
Okay. Okay, friends.
1:21:32
I will keep an eye for when he comes back in the meantime.
1:21:36
Let's go back to judge anselin. Okay.
1:21:40
So this is in the matter of the people of the state of Michigan
1:21:44
versus Timothy Jerome Neves. Junior.
1:21:46
Phone number 2522 FC. I have Michael dagger, margosian
1:21:53
appearing, on behalf of Mr. Names.
1:21:55
And I have Alexander Bay and that'll hearing on behalf of
1:21:59
people. Mr. Neeves is present in person
1:22:02
percent sentencing. So, this is daytime set for
1:22:06
sentencing Mr. Neeves. Did you have a chance to read a
1:22:09
review? The presents report?
1:22:11
Okay, so Mr. Decker goes in again, I apologize for the
1:22:16
recording system in our courtroom but you're playing at
1:22:18
stuff spoken and so if don't get me just stand at the podium.
1:22:23
So Mr. Names don't usually get to yell on the curtain but you
1:22:26
can be loud today. Okay?
1:22:28
Okay, so you got a chance to read the presents report.
1:22:31
Yes. Okay you picking it up the
1:22:33
speed, I think. Okay.
1:22:35
And you had an opportunity to discuss that with Mr. Dagger
1:22:39
Markov. And yes, are you satisfied with
1:22:41
Mr? Dagger markosian Azure attorney
1:22:43
and the advice that he has given you.
1:22:45
Yes. All right.
1:22:47
Mr. Dagger Mark goes in. Well first Mr. Bean that'll do
1:22:51
wish to explain or challenge the accuracy or relevancy of any
1:22:54
information in the presents report.
1:22:56
Know Body work. So much there exists.
1:23:05
Any known constitutional defect. I do show that he has 11 Pryor
1:23:09
misdemeanors. Mr. Benetto I don't know
1:23:16
challenges at this time. All right, probation department
1:23:18
has computed. The minimum sentence and
1:23:21
guidelines to be one and 135 months.
1:23:24
To 225 months your group that calculation guidelines, Mr.
1:23:29
Banana. The way I have the guidelines
1:23:32
scored, we do still end up there.
1:23:33
However, I think there are some of the fairies in the police
1:23:37
that I know, I would like to address we have.
1:23:41
So, let's slow down a little bit.
1:23:43
So, um, we're going to start, which is your first one.
1:23:47
Brother, we do have two that are being stipulated, they should be
1:23:50
0 here, V6 and will be 17. okay, then I guess I could start with
1:24:01
ov3. I believe should be scored at
1:24:03
25, and I can argue one over the course.
1:24:05
That's perfect. So I'm Mr. Decker Mark goes in,
1:24:09
I'll be three is prosecutor. I think should be scored at 25.
1:24:14
I think it should be scored where it is at 10, all right?
1:24:17
Let me pull up all these All right, OB three is for physical
1:24:29
injury to a victim. It is currently scored at 10
1:24:33
points, battling injury, requiring medical treatment, or
1:24:37
to a victim and Mr. Van Meadows are should be explored at 25 for
1:24:43
life, threatening and permanent or permanent earnesty injury
1:24:48
occurring to a victim. So,
1:25:02
Right in the base is Mr. Man. I don't.
1:25:04
Yeah sure. Honor.
1:25:05
Oh and this is actually a case that cited to in the guys and
1:25:12
annotated guidelines manual. 225 points is appropriate wins.
1:25:18
There is permanent incapacitating injury that had
1:25:22
occurred to a victim. The case that I'm referring to
1:25:24
that cited in the manual that your honors is referencing.
1:25:27
Is people be part while that is an unpublished case.
1:25:31
I think it is It is very relevant in the facts, in this
1:25:35
case, in that case, there was a shooting that had happened.
1:25:39
I believe the conviction was for assault with intent to commit
1:25:44
murder and in that case, 25 points was scored and it was
1:25:48
appropriate because the victim seven months after the shooting,
1:25:54
The judge could see that he was still.
1:25:58
Incapacitated from that, shooting the the court noted in
1:26:03
the opinion that the victim in the case, struggled to navigate
1:26:08
the courtroom because he had to walk with a cane and was still
1:26:12
having to go through rigorous therapies and things like that,
1:26:14
that case, defining capacity as to deprive a person of their
1:26:21
capacity or natural power to accomplish with things in their
1:26:26
daily life. You heard the testimony from
1:26:29
Miss Hopkins, that trial she did indicate that she was off work
1:26:35
for nearly 11 months. She had to have multiple
1:26:39
surgeries. She still to this day
1:26:41
undergoing, physical therapy and I believe when she was
1:26:44
testifying, she actually showed the court that she cannot fully
1:26:47
closed. Her hands still?
1:26:49
She does not have Regular the Motions that she had with her
1:26:56
arm. I believe.
1:26:56
She testified this whole portion of her arm is still numb.
1:26:59
She doesn't expect to ever get feeling back in that.
1:27:03
Here. Because she still is undergoing
1:27:05
the effects of the of mystery stabbing her repeatedly in the
1:27:12
arm. She cannot close her hand
1:27:14
adequately. I would argue that, that is
1:27:16
permanent incapacitating injury, which would make 25 points
1:27:20
appropriate in, OB Street, Your job is to address the first
1:27:29
portion of the 25 scoring, whether it's quote, like
1:27:34
threatening and by definition, what the EMTs testified to add
1:27:40
trial. It's necessarily it was
1:27:43
necessary, not like threatening, so, moving to the permanent
1:27:47
incapacitation. Yes, they're there is going to
1:27:51
be residual injury and residual PT that a person has to go
1:27:57
through. With with an injury like this.
1:28:00
But I think it's beyond speculation for the state to say
1:28:05
that she's never going to recover the ability.
1:28:09
It may Whether she she probably gonna have to continue PT in the
1:28:17
case that Mr. Bean episode on published the individual had
1:28:21
issues walking up to the same. What there was nothing like that
1:28:24
in this case again I'm not I think it's important in a
1:28:28
hearing like this to separate the Conviction.
1:28:33
The comic that led to the conviction versus what we how we
1:28:38
score properly. So that's I want to focus on the
1:28:42
scoring portion of this. The victim here at trial, did
1:28:48
not have any issue with Mobility.
1:28:50
She didn't have any issue with Any other sort of permanently
1:28:57
capacitation. So again I think with the way
1:28:59
that he's probably has scored this it is appropriate at 10
1:29:04
point guard. I'm in this case did testify.
1:29:16
And depth about the incident that occurred.
1:29:22
Here on the ground, he held her but his left hand and he had a
1:29:26
knife to her throat. He tried to Slit her throat, but
1:29:32
she was holding the blade. Cut her hand.
1:29:35
He started stabbing her. He had her twice on the neck,
1:29:38
and once in the back, as she got up and on her arm, she suffered
1:29:43
cuts and damaged The daughter came into the room, kicked the
1:29:50
defendant. Eventually he let go over and
1:29:52
she was able to get up. Testimony was that she has
1:29:56
limited use of that arm and she had multiple surgeries and
1:30:01
physical therapy, and people will be parked as referenced by
1:30:05
Mr. Bayan, nettle. It is an unpublished case, dated
1:30:08
or issued February, 18th of 2021.
1:30:12
The 25-point scoring is appropriate for permanent
1:30:16
hesitating injury, where the victims suffered Mobility more
1:30:21
than seven months after the shooting, requiring use of a
1:30:24
game to walk. Obviously, she didn't need a
1:30:27
cane in this case, but she did testify to continue to impaired
1:30:32
mobility. This incident occurred back on
1:30:35
February 2025, let me double check.
1:30:41
I think it was February of 2025 and the bench trial was February
1:30:47
of 2600, 12 months. So I do believe that will be as
1:30:53
happy. Or should be exported to 25.
1:30:56
So it will grant that request you have any others.
1:30:59
Mr. Banano. Yes, your honour I believe ob-4
1:31:07
should be scored at 10 points. And I can argue, I mean, four is
1:31:11
currently scored at 0% logical injury to the victim, And you're
1:31:17
asking for 10 points. Yeah, all right.
1:31:20
Mr. Gregory goes in your, I believe.
1:31:24
It's probably Says. The statement that she provided
1:31:38
to the court this morning. However, I would again point
1:31:42
back to her testimony at the trial in the emotions that she
1:31:47
showed at trial and I apologize on that.
1:31:50
You can't recall if she had testified to whether or not she
1:31:53
was in counseling at trial or not.
1:31:55
She does say in the impact statement that she has undergone
1:32:00
extensive counseling as it relates to this incident.
1:32:05
However, that I don't think is just positive in and of itself
1:32:09
in our as the guidelines manual repeatedly points out that going
1:32:17
to therapy alone is not just positive one way or the other
1:32:20
she could not be in there. Being still have serious
1:32:23
psychological injuries. I was submit her testimony at
1:32:27
trial really show what this incident, how this incident has
1:32:32
affected. And I would say, any, any person
1:32:37
that has to go through is brutal and violent on the salt that she
1:32:40
did. I think that that is completely
1:32:43
appropriate reaction. So given the fact that one she
1:32:47
is in counseling and a coupled with her testimony at trial.
1:32:51
I think 10 points would be appropriate for Soleil, injury
1:32:56
requirements and professional treatment.
1:32:57
All right. A 10 points, reference people
1:33:09
will be robbing everyone for mishap 181 10 points, probably
1:33:15
scored for ob-4 under the preponderance.
1:33:19
The second one we're on before. Yes, sir for OB for When the
1:33:25
victim in written a letter to the court, stating the list,
1:33:27
three years have been a struggle psychologically, we do have a
1:33:31
victim impact statement, which states that she's involved in
1:33:35
regardless therapy sessions and it's still involved in them,
1:33:38
specialized visits, and continuous appointments compact
1:33:41
combat, the trauma sustained are essential.
1:33:45
So I do feel over is practiced at 10 points.
1:33:52
Or serious psychological injury, requiring, professional
1:33:55
treatment, according to a victim just State my objection to it.
1:34:03
Under. White, it does. this a very high
1:34:10
threshold for an individual qualified for ob-4 and an
1:34:17
individual simply going through This offense does not
1:34:23
necessarily by itself. qualified for 10 points under oh, before
1:34:32
miss the victim. In this matter, was able to
1:34:39
Testify. Cogently coherently at the
1:34:43
trial, so Again, with the circumstances of the offense
1:34:49
itself, I don't believe that it would be the high standards for
1:34:53
over four, to be scored a 10 points.
1:34:58
Well, the testimony along with the body cam videos and other
1:35:05
testimony at trial. It would seem reasonable that.
1:35:12
Her fair that she was bleeding out.
1:35:13
Her statements made in the video and calls to 911 as well as
1:35:18
continuous psychological counseling.
1:35:20
Would Merit that score but I appreciate your objection on the
1:35:23
record. Thank you.
1:35:24
Any other You got to go in orders first obese.
1:35:29
I think I'm going to challenge. He'll be five, okay?
1:35:33
So hold on, let me get to 0, 5, 5.
1:35:48
Push the term. Do you want that opportunity in
1:35:51
light of the sentence, your clients facing to prepare?
1:35:54
know, you're on, I think the fact that We are all members of
1:35:59
the court right now. Are familiar with the with the
1:36:02
facts. I think we can move forward,
1:36:03
okay. So obvious psychological injury
1:36:06
to a member of the victims, family.
1:36:08
So, Mr. Dagmer goes in Obi 5 is 450 points and your objection.
1:36:16
I suspect that the individual reference in obviously would be
1:36:27
the victim's daughter. Who did testify at trial again,
1:36:31
she was coherent. She was coaching.
1:36:33
She was able to testify with specificity regarding this
1:36:39
incident. On on late person, observation.
1:36:47
she didn't, she didn't seem like she was working that she
1:36:54
required any sort of Counseling. Or And sort of psychological
1:37:00
injury. She testified how she conducted
1:37:05
herself during the incident, which was clear mind.
1:37:08
So, I, again, I sort of similar to the ob to my channels to open
1:37:14
for the people have not said, by the hibernate of Her.
1:37:20
That she has psychological injury that importantly,
1:37:24
required professional treatment. so, I believe that that I think
1:37:36
explicitly stated in the big things impact statement that the
1:37:40
counseling was for, His Hopkins and her daughter's.
1:37:45
However, as I said in my argument know, before, even if
1:37:50
the court does not find that, that alone is satisfies by
1:37:54
hundreds of the evidence that serious cycle of injury occurred
1:37:58
to Isabel. I would again point out her
1:38:02
testimony, I try to certainly does so some of the most
1:38:05
powerful testimony I think I've ever seen in this courthouse is
1:38:09
a belt, very clearly laid out. She's not been able to go back
1:38:12
to the house exactly everything. She was feeling as it was
1:38:16
happening and but I think it's also important to point out her
1:38:20
that this is about wasn't the only Child in this options.
1:38:23
That was there when role was, I believe seven.
1:38:27
At the time of the assault also witnessed Mrs. Repeatedly
1:38:32
standing her mother. And as the court saw in the body
1:38:35
camera footage, Isabel had to carry her little sister out as
1:38:40
she's sobbing in her arms, covering her eyes.
1:38:44
So she doesn't have to see her mom potentially bleeding out or
1:38:47
all of the Carnage from from The Assault.
1:38:50
So I think that the scenario was very clearly harming those
1:38:57
children psychologically. So I think 15 points is
1:39:01
appropriate. So this is a tough one.
1:39:18
Her daughter did test by a trout and she didn't amazing job.
1:39:23
She was very matter-of-fact. She was very forceful and her
1:39:26
testimony. She did not during her
1:39:31
testimony, address any psychological injury, even
1:39:35
though, you know, it may or may not have existed.
1:39:37
She did not address it. And I don't have a victim impact
1:39:41
statement from her or addressing those things.
1:39:50
So, I am not going to score. O v 5.
1:40:00
And people versus Portales 298 431.
1:40:10
Report, their scores 0 points, where the grandparent of a
1:40:13
disease newborn submitted a sense.
1:40:15
And whether it's spoke about display, just believe, grief,
1:40:19
anger, hurt, right? They didn't score.
1:40:20
In that case, in this case, I don't have a victim impact
1:40:23
statement or any indication. I mean, I guess you could assume
1:40:27
she does but I don't have anything that throughout
1:40:31
testimony or today that would indicate that.
1:40:33
So I am going to leave over by her will be by Zero.
1:40:41
I'm going to take it. I'll be next one.
1:40:52
Um, Runner. I'd like the court to take a
1:40:56
look at overseas. It's currently scored at the
1:41:00
25th. I think.
1:41:02
Perhaps 50 would be appropriately.
1:41:06
Make arguments that. Kill.
1:41:18
Another individual over six is scored only for crimes against a
1:41:21
person, and only, if the sentencing offense is homicide.
1:41:25
Attempted homicide, conspiracy or solicitation to commit a
1:41:29
homicide or, or offense committed on, or after October.
1:41:33
1 of 2000 assault with intent to commit murder.
1:41:37
So I think we could all agree over six is applicable to this
1:41:43
stage of friends. It is stored at 25 which means
1:41:49
the offender had unpremeditated intent to kill had the intent to
1:41:55
do great volley harm or created a very high risk of death or
1:41:58
Great Valley harm. Knowing that death, a great
1:42:00
valley harm was the probable result.
1:42:04
For 50 points, the offender you must have.
1:42:08
Shown that the offender had premeditated intent to kill for
1:42:12
that killing was committed, while committing or attempting
1:42:15
to commit urging criminal sexual conduct.
1:42:18
In the first of third degree, child abuse in the first degree
1:42:21
in major control substance robbery breaking, and entering
1:42:24
of a dwelling and so on that doesn't apply.
1:42:28
So the basis for you, wanting it scored at 50.
1:42:35
As this court pointed out, I think I argued it my whole thing
1:42:39
in my closing as well. Grounded it, in order for Mr.
1:42:44
Gauge to have been found guilty of self with intent to commit
1:42:47
murder. We've had to look at the
1:42:49
circumstances as if the victim had died.
1:42:52
And so you're on her head, this had Miss Hopkins of diary would
1:42:57
have been arguing between first and second degree murder.
1:43:00
And I believe that the facts in this case would show that Mr.
1:43:05
Needs did have Premeditation when he committed the assault
1:43:11
against his Hopkins, your honor, the citizen guideline manual
1:43:15
references people be staying House St.
1:43:17
E, a n h o u s e the facts in that case, your honor, it was
1:43:23
another assault with intense, commit murder case.
1:43:26
In that case, the defendant waited for the victim in the
1:43:29
basement, struck him in the head and slashed at his neck, after
1:43:34
the assault, he made no effort to help the victim and the
1:43:38
assault was unprovoked. I think those facts are very
1:43:41
similar to the case we have at hand while I agree with Mr.
1:43:47
Means was not flying in weight at the time, he nonetheless had
1:43:51
to get up from the room with Miss Hopkins.
1:43:54
Walking to the kitchen, grab a knife and walk back.
1:43:57
You're on her as the court is well aware.
1:43:59
There is no real definition of time frame that will allow for
1:44:04
premeditation but it requires sufficient time.
1:44:07
Permit the defendant to take a second look.
1:44:10
That comes directly from the State House case. and that this
1:44:15
court can look at the circumstances, surrounding the
1:44:20
assault or killing to determine whether or not there was
1:44:23
premeditation honor that some of the facts that show
1:44:27
premeditation include the previous relationship between
1:44:31
the defendant and the victim defendants actions before and
1:44:34
after the crime, and the circumstances of the killing
1:44:37
itself, including the weapon, in the locations of the wounds
1:44:40
inflicted, again your honor Mr. Needs got up from the bed, went
1:44:44
into the kitchen, grabbed a knife, walk back and and began
1:44:49
assaulting his Hopkins with the knife.
1:44:51
There are so many opportunities to reflect on what he's doing at
1:44:56
that point. That this had Ms Hawkins of
1:45:00
died. This would have been
1:45:01
premeditated murderers. So I believe that there is
1:45:04
enough evidence by at least a preponderance of the evidence
1:45:07
standard. That shows that Mr needs had
1:45:10
time to consider the wrongfulness of his actions.
1:45:12
Nonetheless. Continued on his course of
1:45:16
attempting to murder his Hopkins, which shows
1:45:19
premeditation. And obviously should be
1:45:22
supported 50 points. Thank you.
1:45:23
Thank you Mr. Dagger Mythos. Spots place or I guess there's,
1:45:28
I think issue with a few what Mr. Spain.
1:45:32
And this will be the rest of state number one at the trial as
1:45:36
here today. I think it's a misstatement of
1:45:38
law on how he is, describing how a court views The elements of an
1:45:43
able, there are multiple ways and him the prosecutor
1:45:48
indicating that. Had the victim died in this
1:45:52
matter. We the only looking at it as M1
1:45:54
or M2 that is not. That is not legally accurate.
1:45:57
There is a manslaughter possibility in a certain stance
1:46:01
like this, if the, if the victim back.
1:46:04
So I want to just make sure that we are working with the full
1:46:07
picture of what is on the table legally as for any sort of
1:46:14
premeditation. Certainly.
1:46:17
The first of all, there's there's a difference of factual
1:46:23
understanding of the case. One is that this means went to
1:46:26
the kitchen to get the knife. One is, as he testifies, the
1:46:29
knights may have already been in the, in the veteran, regardless
1:46:33
a matter of seconds between when Mr. Needs gets the knife and to
1:46:40
win the stabbing occurs, that is not your medication.
1:46:43
The knife, he didn't plan this. He didn't think this out.
1:46:49
It wasn't the scheme. Anything like that?
1:46:51
It's almost by definition. Not premeditated.
1:46:55
So, again, I I would think that 25 points is properly scored for
1:47:01
over six. And he has stir.
1:47:11
Just the only thing I would say you're on is is The man slot
1:47:17
had. The jury instructions
1:47:21
specifically state. That if Mr. James would have
1:47:25
been guilty of manslaughter at trial, he would not have been
1:47:29
guilty of assault with intent to commit murder.
1:47:30
So, manslaughter would not have been considered.
1:47:34
In this case, he has been convicted of assault with intent
1:47:38
to murder. So those would be the two, the
1:47:40
two charges that are looked at. So again, you're on I'll just
1:47:45
deferred everything else. I said as it relates to your
1:47:47
meditation, so, this was a bench trial and I pull obviously the
1:47:51
jury instructions, even though there wasn't a jury and looked
1:47:54
through the elements and they've been referenced.
1:47:56
So, just for the record, I'm going to put them on the record.
1:47:57
The defendant Church of salt with intent to murder to prove
1:48:02
this charge. The prosecutor was prove each of
1:48:04
the following elements and a reasonable doubt.
1:48:07
First that the defendant tried to physically injure another
1:48:09
person. Second that one, the defendant
1:48:12
committed, the assault, he had the ability to cause an injury
1:48:14
or at least believed he had the ability and clear that Financial
1:48:18
killed. The person he assaulted in the
1:48:21
circumstances did not legally excused or reduce the crime.
1:48:24
In this case, obviously, he was, I did find him guilty of assault
1:48:29
and murder. He'll be six is scored at 25
1:48:37
points where he had an unpremeditated intent fill,
1:48:41
which I do believe at the very least he did have.
1:48:44
But I don't think that affects at trial or enough that this
1:48:50
court could find today based on the testimony that premeditation
1:48:54
was involved in this. So I'm going to leave always 6
1:48:58
scored as properly at 25. Next week, the only other one we
1:49:04
have is Mrs. And wishes to challenge will be 10 you get
1:49:10
there. What was your score?
1:49:13
All right, we can exploitation of a vulnerable victim Miss
1:49:20
Polly scored over 10 at 10 points on that offender
1:49:25
exploited, victims, physical disability, mental disability,
1:49:30
youth or agents domestic relationship or authority
1:49:33
status. Mr. Saying it should be scored
1:49:39
at 5. Your own.
1:49:41
I'm saying it should be scored 0, because if I may just argue,
1:49:46
yes. That I see this morning
1:49:49
optimized. I think it's erroneous.
1:49:52
Here's the reason. I think anytime the probation
1:49:56
department sees that it is a DV relationship, plus assault, a
1:50:01
scored at 10. But obviously with ov-10 you you
1:50:04
need the DV relationship, but you also more importantly you
1:50:09
need the exploitation of the of the relationship.
1:50:13
So for 10, The offender. Important work, exploited, a
1:50:20
victim's physical disability. Well that's what you present,
1:50:23
mental disability, that wasn't present youth or Asians that's
1:50:26
not present or what they must. Be honing in on is the domestic
1:50:30
relationship or the offender abuse of her Authority status,
1:50:34
Mister news, and have any Authority status over the.
1:50:37
So what the people and probation have to rely on is some, is this
1:50:46
Domestic relationship. But again, an assault happening
1:50:50
during to individuals, having a domestic relationship is not
1:50:54
enough by itself to score over the 10 at 10.8 requires.
1:50:58
An exploitation of said relationship.
1:51:01
And here, there is no exploitation as far as I can
1:51:04
see, and we're going to domestic relationship.
1:51:07
And when South there was an assault, he's been convicted of
1:51:10
a win but there is no Exploitation of that
1:51:14
relationship to be scored. And Nano anything else.
1:51:25
Just briefly your honor and I would agree with Mr. Dagger
1:51:30
margosian that really. It seems the only part of ov-10
1:51:34
applies it. As it relates to 10 points, is
1:51:37
the domestic relationship part of that scoring.
1:51:42
However, the and I will also agree with Mr. Dagger margosian
1:51:47
that a dating relationship is not in and of itself enough to
1:51:52
show exploitation of a semester relationship where I disagree is
1:51:57
that, it wasn't just that they were on a dating relationship.
1:51:58
It was that he Was living with her.
1:52:02
He was cohabitating with Miss Hopkins and there's a very clear
1:52:07
you of his strength, to overpower the prior history that
1:52:14
they had. So I do think that the facts
1:52:17
show that there was a clear exploitation of this domestic
1:52:21
relationship. So I think, will be 10 is worth.
1:52:26
Students. so,
1:53:10
Let me 10 was scored by probation department, at 10
1:53:15
points. And I was the parties were in a
1:53:19
domestic relationship and living together, only 10. 10 points,
1:53:29
scored when the offender exploits victims.
1:53:32
Physical, disability. Mental disability, neither which
1:53:36
the victim in this case had, Youth or agent nests.
1:53:40
She was not a minor nor was she elderly a domestic relationship
1:53:47
or the offender abused, his, or her Authority status.
1:53:50
So in this case not only way it could be scored, is that the
1:53:54
offender exploited a domestic relationship.
1:53:56
So if I go over to Domestic relationship.
1:54:05
There's a bunch of case. Law people be Jameson the court,
1:54:08
Aaron and assessing points, reflecting a domestic
1:54:11
relationship. Under OBT 10, where the facts
1:54:14
were really that the defendant have previously dated and had
1:54:18
sexual relations, but were they had not shared a dinosaur or
1:54:22
call habitat? The court concluded, a present
1:54:28
dating relationship standing alone would be insufficient.
1:54:31
Unless there was cohabitation. So in this case, there was
1:54:35
cohabitation The.
1:55:10
Predatory conduct and you're saying, Mr. Dragonborn goes in,
1:55:15
it should be supported at 0, I believe it should be square.
1:55:17
Root of 0? Yes.
1:56:00
It just in the instructions. Under obtains, the mere
1:56:04
existence of one, more of a factor of described since
1:56:07
episode 7.40. So it's not on me with people.
1:56:13
Here. What is correct?
1:56:18
Johanna people V Dillard. You are also allowed to consider
1:56:24
the difference in the defendant strength and the top of strength
1:56:29
even though that is stored as part of the 51 category, so,
1:56:40
people versus macaronic on the last page, 5 Points were scored
1:56:46
in the court said that whoever set that the trial court aired
1:56:53
and assessing 5 Points for obtain reflecting a difference
1:56:56
in size and strength that was acknowledged to exist between
1:57:00
the defendant and the victim were the offensive am was
1:57:04
accomplished through the useful weapon rather than through the
1:57:08
difference in size and strength. so, Polluted in the scoring.
1:57:15
But I will score will be tenants 0.
1:57:22
Anything else? It's the only other one is Mr.
1:57:26
Bennett. And I stipulate that open 17.
1:57:30
Should be supported 0 and this is just because if you score
1:57:34
something at ob6 you don't store for always something.
1:57:36
Okay. And Mr. Banana did state that.
1:57:39
So at this point, I have the prvs at 15 And offense
1:57:48
variables, 2530. Will be three.
1:57:53
We did it 25. So 55 65. 90.
1:58:07
Did you get 90? Okay, you know math but what is
1:58:14
it? 25 for one plus five, for two is
1:58:20
30 25 for three. Takes us to 55 will be four.
1:58:26
It 10 is 65 and go to the grid. Does it change anything?
1:58:35
He does your honor, it takes us to be level five from the
1:58:40
guidelines down to one 26. So It's aware of 126 to teach
1:58:49
that. Say it again.
1:58:52
One 126 to 210. Where we changing PRP sticks,
1:58:57
that I thought he was on for the rwi?
1:59:01
Thank you stipulated that. So it is, is by that case.
1:59:06
It's probation was terminated in remote in 2014.
1:59:20
Still leaving us here, B levels. Okay.
1:59:29
Okay. so, All right.
1:59:53
So um so, the loan to be 10 and a half years now, and Here into
2:00:05
the guidelines 17.5 years. Okay.
2:00:09
So anything else, I'm guidelines.
2:00:12
Nothing I got. All right, so this point Mr.
2:00:20
Veneto. I really have someone who wishes
2:00:21
to speak today. She does not wish they could
2:00:23
say. Okay, so the record should
2:00:25
reflect I did receive a big impact statement from the victim
2:00:30
in this matter this morning, but did have time to review that And
2:00:37
we did discuss some of that while we were doing the
2:00:40
sentencing. Guidelines.
2:00:41
Port also obviously was present and her test Mommy and Trump,
2:00:45
Mr. Bean, I was there anything you like stand behalf of the
2:00:49
people? Yes, Runner.
2:00:52
Start. Start by saying, I said, let's
2:00:56
start with my clothes at the only reason Meghan Hopkins is
2:01:01
alive today. It's because for daughter
2:01:04
intervened in the assault, Mr. News, per trading hours.
2:01:15
Just long and short of it is, I'm going to be asking this
2:01:17
court to exceed guidelines as I've already argued when we were
2:01:21
discussing, we six. Here on her head and Miss
2:01:27
Hopkins have died. We would be looking at a very
2:01:30
different Setting Grid in this, this court has stated that.
2:01:36
It doesn't believe there's preventation and I do accept
2:01:40
that ruling. However, I still think a
2:01:43
sentence that reflects The gravity in the brutality that Mr
2:01:49
needs. Displayed is appropriate to
2:01:52
guidelines. If it would have been murdered
2:01:55
to go up to 300 months, and I think a sentence that at that
2:02:02
range is is appropriate. You're on the guidelines.
2:02:06
In this case, students, do not take into account.
2:02:08
Minister needs very clear, escalation from the prior
2:02:13
domestic violence against that. He has perpetrated on.
2:02:17
I'm different women. This court heard testimony from
2:02:20
his wolf, about the domestic violence incident.
2:02:24
That she's sustained at the hands of History needs wherein.
2:02:27
He he did strangle her and assault her.
2:02:34
Your honor further Ms, Hopkins also testified to the domestic
2:02:40
violence incident with Mr. Needs that occurred prior to this
2:02:43
setting offense and in that case, this court saw various
2:02:48
pictures including a boot print that was left on his knees back
2:02:53
from other Mrs. Hopkins, back from from Mr. Neeves when Mr.
2:03:01
Neeves Got on the stand, he indicated that that wasn't him.
2:03:07
However, report found that was not.
2:03:12
Convincing in this matter and incredible story.
2:03:15
The the facts on those Investments.
2:03:19
And, and facts surrounding this case all show, that history
2:03:25
needs is escalating his behavior.
2:03:28
Not not maintaining a certain level but by getting to the
2:03:33
point where if he does this again, That next victim, likely
2:03:38
will not be alive your honor. The court can also excuse
2:03:43
guidelines based on the defendant's testimony at trial
2:03:48
and his statement to the court in the PSI defending in the PSI
2:03:54
states that he is. Taking responsibility for his
2:03:59
actions. However, everything else, after
2:04:02
that shows the exact opposite, he's still stating that and and
2:04:08
shifting some of the blame to miss Hopkins, because he feels
2:04:11
she was with somebody that night even though the facts show that
2:04:15
they were all together for several hours leading up to the
2:04:19
assault, they all being Mr. Needs John Jay, so Ms,
2:04:24
Hoffman's, co-worker and his Hopkins, That was that was
2:04:28
really uncontroverted throughout the life of the tribe.
2:04:30
So the the fact that mystery needs still wants to shift,
2:04:35
blame to his Hopkins. Shows that he really is not
2:04:38
taking accountability for his actions.
2:04:40
He even asked this court after finding guilty of that to, to
2:04:45
change the charge to assault with intense commitment by Lee
2:04:49
heart that does not show any accountability.
2:04:52
In fact, when he took the stand he made he made several
2:04:57
statements to grading this Hopkins, sanction, she had a
2:05:00
come stay on her face so he didn't want to have sex with her
2:05:02
but then tells him his Holly that he did have sex that night.
2:05:06
So I just, I see a very clear pattern that Mr. Needs is not
2:05:13
Taking responsibility for his actions.
2:05:14
He's not showing any remorse as it relates to this.
2:05:17
So a sentence of 300 months I think is very appropriate in
2:05:24
this case, at the very least, I would ask the court to sentence
2:05:27
at the top of the guidelines that 210 months or 17 and a half
2:05:32
years. This was a brutal, brutal
2:05:36
attack. The court saw how this is
2:05:40
affected his Hopkins. She still undergoing treatment
2:05:44
for her injuries, it saw how it affected, Isabel Isabel has not
2:05:51
step foot, back in that house, he's undergoing counseling.
2:05:54
She heard greats have slips and since this happened and The
2:06:00
Monroe being carried out by her sister's teach for itself, so I
2:06:04
don't need to to touch on that but you're on this.
2:06:09
The sentence, in this case should exceed guys lines.
2:06:12
It should reflect the gravity of the offense.
2:06:17
Again the only reason this happens is alive is because her
2:06:20
daughter interview and and had she not was Hopkins, wouldn't be
2:06:25
here today. I think a sentence should
2:06:26
reflect that you're on her and I would ask the court.
2:06:30
See guidelines in this case. Thank you, Mr. Bean, I don't
2:06:33
Mister Decker goes in anything like Sam behalf of your client.
2:06:37
You're just gonna address a couple things that Mr. Baiano
2:06:40
said. Just number one, I'm not sure
2:06:45
why he keeps focusing on. If she died, then this would be
2:06:48
the Constitution. She didn't die if she died.
2:06:50
He would be charged with murder. And that would be obviously a
2:06:54
higher grid and higher offense, she didn't die, it's it's
2:06:58
obviously, but I think it's important to remind the court
2:07:00
that we're not dealing with some hypothetical or speculation that
2:07:05
Mr. Van Halen bringing up. In trial as well as the census
2:07:11
here, the same argument that if a drunk driver, If he if he or
2:07:14
she killed somebody then they would be facing.
2:07:16
Yeah, obviously that's true. But if they don't then they are
2:07:21
sentenced on the conduct that they are convicted of and here
2:07:24
Mr. Bean, Mr. Needs is convicted of by this court of salt and
2:07:30
tempted we'll also address something else that Mr. Bean out
2:07:36
of stated his is that the guidelines or the PSI is not
2:07:41
taking into account. The prior.
2:07:45
Kind of Mr. Means with Ms. Hopkins as well as well.
2:07:51
That's not for PRD does take into account, it takes into
2:07:54
account his prior TV conviction. Uh, and so that that offense
2:08:00
that kind of is accounted for in the prvs.
2:08:04
And dismissed conduct. I believe from either Miss wolf
2:08:09
or Ms, Hawkins that. Also is not taking into account
2:08:15
for sentencing because there's no convention.
2:08:17
It was taken into account by this court at trial, By those
2:08:21
individuals testifying to that content.
2:08:24
So the prior concept of Mr. Needs with his prior it is prior
2:08:30
relationships is necessarily accounted for I will just touch
2:08:35
on, I believe most of what the people of stated today, or at
2:08:41
least in part what people have stated today is circumstances,
2:08:45
it's speculative, it's unfounded.
2:08:48
And so, with that being the case, I think it's important
2:08:52
that we hone in on what was what was proven at trial, what has
2:08:56
been taken into account in the scoring of the godliness?
2:08:59
And what Mr. Needs has done. Mostly.
2:09:05
Number one. I read the the defendants
2:09:09
description of the offense differently than Mr. Bean that
2:09:11
old and I went an individual Exercise is their right to have
2:09:17
a trial, whether it depends or jury.
2:09:21
They are. by definition challenging the allegation.
2:09:26
So the fact of not being remorseful or taking
2:09:30
accountability or acknowledging, the kind of Keep we challenge
2:09:37
that. That factual circumstance at
2:09:40
trial. Obviously this court has made
2:09:41
its ruling but to say that Mr neeves is is not promotional or
2:09:47
not taking accountability or any of that.
2:09:50
I think that is viewed differently when it is a trial
2:09:54
conviction rather than a plea conviction.
2:09:58
Mr. Needs his conduct while at the jail has been a trustee.
2:10:02
He had exemplary conduct at the jail and he, any of the of the
2:10:08
COS over at the jail would say that as well.
2:10:10
Every time I go over to see him, he's he's well received well,
2:10:15
liked the seals work with him while he he doesn't great job.
2:10:19
As far as the guidelines and what this court will ultimately
2:10:21
sentence Mr. Nice to First of all, I think the notion of
2:10:28
exceeding guidelines. I want to be careful in how I
2:10:30
say, I don't want to Excuse or minimize Mr. News's conduct on
2:10:36
the database incident. With that being said, he's been
2:10:41
convicted about an extremely serious chart.
2:10:42
Anyway, one of the highest charges that we have. so, You
2:10:48
have to look for the weather. If there are aggravating factors
2:10:52
within the a whim rep and I don't see that he is convicted
2:10:57
of England because he stabbed Ms Hawkins.
2:11:00
But there is no. For example, if ov7 had this
2:11:03
Workshop that would be a showing that this kind of went beyond
2:11:08
and above the kind of required for an A-1 conviction or if I
2:11:14
mean if there was harm to the children or you can come up with
2:11:18
some examples of if of where there would be aggravating
2:11:21
factors in the in the comments, there's not.
2:11:25
There was a step in that occurred.
2:11:26
He left the scene. He was apprehended and he's not
2:11:30
been convicted. That's a pretty again, I don't,
2:11:33
I want to be careful how I say is.
2:11:34
That is a pretty Baseline of salt with intent to murder.
2:11:37
So, taking into account, if she had died.
2:11:40
If that it's not over here for we are, we are doing the fact
2:11:44
that they stand today. So with the Guidelines, being
2:11:48
126 to 110. obviously the, the top end of those guidelines with
2:11:56
his being a Class, A conviction Discord has to set the tail end
2:12:02
of what that's going to be in the recommendation.
2:12:07
Was 180 240 months under normal circumstances?
2:12:12
That would That would violate the the two thirds Tanner rule.
2:12:20
Tanner doesn't necessarily apply because this is a life offense
2:12:25
and there is no statutory maximum.
2:12:27
However, I think it is probably some of a goal post that Discord
2:12:33
has to take into account. for deciding what the What the
2:12:37
ultimate sentence is going to be.
2:12:41
I want to I what I would suggest and I this court of will make a
2:12:48
determination on what the ultimate sentence will be but
2:12:53
With everything that I stated, I believe that a sentence directly
2:12:57
in the middle of the guidelines would be appropriate if the
2:13:02
court would recall. There was discussion of Autumn
2:13:06
and of the guidelines hadn't. Been a pleat didn't in the
2:13:11
current, that's Mr. Needs was right. um, but to exceed it
2:13:15
after trial, Could give a hint that there is a punishment for
2:13:22
an individual instituting their right to a trial.
2:13:26
And I was that would not be the Courts position to sentence an
2:13:32
individual higher than what it would have been.
2:13:37
Without a trial. Now, the court certainly will
2:13:40
rely on factors that went into account and trial, and this
2:13:44
court is certainly free to do. So my ultimate, My ultimate
2:13:48
request would be that it would be a middle of the guideline
2:13:50
sentence. Whatever that comes up to thank
2:13:53
you. Mr. Neves.
2:13:55
Is there anything you'd like to say in your own behalf?
2:14:00
And make sure that my phone up and make sure you speak loud for
2:14:03
me, okay, with us. Can, can you just speak up a
2:14:15
little bit louder? I apologize for room.
2:14:23
For my action. That's a classes.
2:14:28
I will. Take your second series.
2:14:37
Appreciate it. And work on my mental health.
2:14:44
And just myself. So in this case, I'm has Of your
2:14:56
dissenting report that metallic. Together.
2:15:01
And it was very thorough and it can change. the information
2:15:06
required determining the appropriate sense in this case,
2:15:09
for has considered the seriousness of the offence, your
2:15:12
history, the principle of proportionality, the statutory
2:15:16
penalty, the cost of confinement, the sentencing
2:15:19
guidelines report and recommend I can't believe it.
2:15:33
We get right up to the point of sons and she cuts the feet.
2:15:37
I can't believe it, you know. I, I Don't get it.
2:15:43
Sometimes these judges just do things that are just amazing.
2:15:47
So Get us, get us all wound up and then just leave us.
2:15:56
Ashley. I doubt you'll be able to get it
2:15:58
today, but if you could do me a favor at some point this
2:16:01
weekend, maybe go on to my courts and see if we can figure
2:16:03
out what this guy got sentenced to and maybe we can share that
2:16:07
on Monday. Sorry guys, no control over
2:16:10
stuff like that. Obviously what are you gonna do?
2:16:14
At first, I thought I'd lost my internet connection because I
2:16:17
was I wasn't looking at it. I was just listening and all of
2:16:19
a sudden it went quiet but nope no her All right.
2:16:24
Well, let's go back to Lake County, the continuation of the
2:16:30
guy who was in front of Jojo, Donald I suppose I have to make
2:16:34
it a condition if I keep you on probation to stop hanging around
2:16:38
certain people. As you said drug people,
2:16:43
France's like, who. normally every day people that I would,
2:16:47
you know, Make myself around. Okay, we're not making any
2:16:52
progress since I left. Yeah.
2:16:56
You know, we haven't made any progress since I left.
2:16:59
You know, some people I work with You, and you, and you
2:17:03
proposing a continued to work with no sir. well, I thought you
2:17:07
worked at tree service now Incorporated.
2:17:10
Yeah. I I do other jobs also like what
2:17:15
subcontract through other companies that I did that.
2:17:20
I, you know, how can you, how can you possibly climb up and
2:17:23
down? Trees.
2:17:24
Be in high on cocaine every other day. and I don't normally
2:17:28
use every, you know, while on the job or and every place Okay.
2:17:34
So, who should I prevent you from hanging around with?
2:17:41
anybody with family, you know, I mean, if that's what's necessary
2:17:46
not, well, I'm gonna put air conditioning that you can't hang
2:17:51
around with family. Oh no, my family my family.
2:17:55
My family's my background on my 14.
2:18:01
Was he just not understanding me or is he just?
2:18:04
Take him the same tactic that he took before.
2:18:06
No judge, I think that he's taking it seriously.
2:18:08
I think it's not, I mean I asked him what I should prevent him
2:18:11
from hanging around with and he keeps giving me everything.
2:18:14
But the information I'm looking for Just creating the range.
2:18:17
Yeah. Ken West, and Who else your
2:18:30
party? But yeah. and, His his cousins,
2:18:35
Cody. wonder if these people really exist, or if you just
2:18:43
give me names, For the sake of giving me name.
2:18:47
You know why I'm wondering that because I can't trust anything.
2:18:50
You say I understand Anything else you want to say?
2:19:00
No sir. Judge we did have a
2:19:05
conversation, he didn't indicates, he does have a
2:19:07
sponsor. We thought about the importance
2:19:09
of when those Temptations do call that he knows to contact
2:19:13
his sponsor and they talked about, I think he started to
2:19:16
talk about people places and things.
2:19:18
So, The people.
2:19:36
Can West and his cousin. Cody. the places wherever, And
2:19:43
the things cocaine. That's what you've been.
2:19:44
You've been doing a lot of people places and things stuff.
2:19:50
I mean days has been in there Josie.
2:20:18
He said, 37. What medication is this doctor a
2:21:44
lot. Have you on?
2:21:47
What's the medication? do you know I don't private sick
2:21:54
prior sex, one Prilosec, There's several others that I can't.
2:22:01
I can't even take that stuff. I've been taking it for, A
2:22:07
couple years now, okay? Is the cocaine, just like a
2:22:14
supplement for you. it was a pretty good.
2:22:20
It was a party jug. I'm always amazed at the guys
2:22:26
who have a serious medical conditions and take medication
2:22:29
to address the conditions. Figure.
2:22:32
It's a good idea to mix. Illicit drugs.
2:22:40
Because you see, you want me to be concerned about your medical
2:22:42
condition, is it relates to you being in jail.
2:22:46
But you're not the least concerned about your medical
2:22:48
condition. That ironic.
2:23:20
if you pay your fine yet on that OVI, Not yet, sir?
2:23:25
Why not? I wasn't working at the time.
2:23:31
You weren't working at the time, how are you, affording cocaine
2:23:34
every other day? I did somewhere, but I didn't I
2:23:41
wasn't aware of the fine at the moment.
2:23:43
You weren't aware. I told you what it was on June
2:23:46
5th. I forgot, I forgot.
2:23:49
Well, you didn't intend to pay it anyway.
2:24:00
All right, I'm gonna extend your community control to June 5th of
2:24:03
2030. So, your little Your little game
2:24:07
cost you another two years on probation. 50 days in jail, with
2:24:12
credit for 37. Gonna get into an IOP completed
2:24:18
recommendations. No drugs.
2:24:20
Or alcohol was screens. Not that that means anything to
2:24:23
you, but that's a condition. For a or any meetings, a week,
2:24:30
and a sponsor. Go to only one doctor, one,
2:24:34
Dennis and one pharmacy from medication.
2:24:36
Take your medication as his prescribed without the
2:24:38
supplements. Sign releases.
2:24:41
Get a valid license. Full employment.
2:24:44
Get a mental health evaluation, and follow the recommendations,
2:24:47
and pay the cost and supervision fees.
2:24:50
Now, do you intend to do one bit of that?
2:24:54
Yes, sir. Well, if you don't Guess where
2:24:58
the bus is going to take you next time.
2:24:59
You're here. Now to prison for 12 months, And
2:25:05
he also Mr. Robby. No sir, thank you Simon.
2:25:08
Anything else. All righty, friends.
2:25:23
Let's go down to Texas. We will say good morning to
2:25:27
judge Stevens. Oh, this is going to 25 CR 441.
2:25:37
You were Kenny Dunwoody D's. Right?
2:25:40
Excuse me. And you witness having your
2:25:44
attorney and the state's attorney.
2:25:48
The. Earlier, you pleaded guilty to
2:25:53
operating a motor vehicle while in toxicated.
2:25:55
But this is a third degree felony.
2:25:59
Because you played it true to the second paragraph.
2:26:02
Which included allegations of four prior DWI convictions
2:26:09
dating back to 2007. and, Paragraphs one and two
2:26:18
constitute. A third degree felon.
2:26:21
So you were up to 10 years in prison.
2:26:27
The agreement is whatever Senate shall not exceed a cap of six
2:26:31
years in prison. So you're looking at no less
2:26:34
than two more than six years in prison.
2:26:37
And you could be. Convicted sentence to up to six
2:26:42
years in prison, that could be suspended and you could be
2:26:45
placed on probation. And deferred or unique
2:26:49
probation. Is I'm okay, DWI thirds, not
2:26:56
allowed so conviction for you, sir.
2:27:00
Oh no, no, that's just allowed for Driving while in
2:27:09
constipation. So that's what we are.
2:27:11
Looking at a percentage report has been prepared, have the
2:27:15
parties had an opportunity to review it and are there any
2:27:18
corrections or changes to it? I'll review.
2:27:22
I don't have any objections, but let me this I wanted to add
2:27:26
something to it. I brought this to the probation
2:27:29
officer two weeks ago this which is a week ahead of the hearing
2:27:33
the first character. This is supposed to be heard
2:27:35
last Friday, and I brought it. Two Fridays ago and somehow it
2:27:39
didn't get into it. But it's it's just medical proof
2:27:42
that She had a pretty serious Osteo process Witnesses
2:27:48
involved. She broke her.
2:27:51
Yeah, he's been on a walker or probably the rest of her life.
2:27:55
But yes, she can still drive it for gas and pound missile.
2:27:59
Yeah, yes, but I said that I will say sir. at all since when
2:28:06
will we know we know in October 2023 you more?
2:28:11
No, I mean that's when you were caught ya in the DWI, but I have
2:28:16
not and it's when I had my accident they said 2020 there
2:28:33
that's not the real problem. The problem is this is your
2:28:36
50th. That we know about but no man
2:28:41
you've got four prior convictions.
2:28:43
And may to May 31st 2007. County court of law.
2:28:50
Three of the application County. You were convicted real to
2:28:53
operating a motor vehicle while intoxicated.
2:28:57
After that on August 27th, 2008 which would be a little over a
2:29:01
year later and kind of corded law.
2:29:03
Three another Operating, a motor vehicle in a public place while
2:29:08
intoxicated then a little over four years later.
2:29:12
Yeah. On December 3rd. 2012.
2:29:18
You picked up two cases. You were convicted of two cases
2:29:25
in cos number nine, zero seven, seven six four and 12 dash 15124
2:29:35
out of the 252nd district court next door.
2:29:39
Those were two separate DWI. Yes, she was that were handled
2:29:44
in the same proceeding but he have.
2:29:47
This is your fifth DWI. Here, the fourth one, you know,
2:29:52
honor was used to revoke their probation on the third.
2:29:57
And that's what they were both the same day.
2:30:01
I thought that's still bad. Yeah, no.
2:30:03
But but here's the, here's the problem with this is the
2:30:07
problem. She standing there.
2:30:09
Yeah, but is not appearing coherent.
2:30:13
I know more about her criminal history than she does.
2:30:17
This is her this is your fifth DWI ma'am.
2:30:20
You're saying it's not. We've got to resolve that first,
2:30:24
you should know more about your life than I should ever right.
2:30:28
But why are you seven saying this is your name.
2:30:31
I think it was her. That's a God's truth.
2:30:35
Well, I think you got there's some metal problems here or I
2:30:39
think there's some mental problems here.
2:30:40
I mean what's the state say or do we have four separate prior
2:30:44
convictions of DWI? Yes, we do.
2:30:47
You want me to show him to you? Oh, But I shouldn't have to be
2:30:52
trying to convince you. These are yours.
2:30:54
This is your wife. Well, be more intimately
2:30:58
familiar with your mistakes than me.
2:30:59
I don't know. Maybe I know how rested.
2:31:08
Arrest. It's not, that's not it.
2:31:10
That's not That's not a conviction being arrested.
2:31:15
That's probable cause that you might have done something wrong
2:31:18
but you're Presumed Innocent unless you're found guilty,
2:31:21
that's what's important for convictions.
2:31:25
It's not a good deal to be rescue for whatever reason that
2:31:28
it needs to be fixed. But here until you're found
2:31:31
guilty, Or unless you found guilty.
2:31:34
We're not we're not talking about any other arrests, we're
2:31:38
talking about convictions here in this and that's what
2:31:43
sentencing is all based upon Criminal.
2:31:46
History of convictions. and the circumstances of this crime, and
2:31:54
its DWIs that you're only criminal history, but you got
2:32:00
what's that? This, this last time they gave
2:32:08
you a break on your third. You would give a break you were
2:32:13
placed on probation, and then that was revoke with another
2:32:15
DWI. Then you were sentenced to five
2:32:18
years in prison, right? Correct.
2:32:20
Okay. But you understand the way
2:32:23
things happen is, is when you commit further or subsequent
2:32:29
criminal Behavior, In the same subject matter, the penalties.
2:32:35
Go up. You don't get less punishment
2:32:38
for subsequent behavior of the same type.
2:32:42
Do you understand? All right.
2:32:49
I just wish you'd make the right decision when you get into a
2:32:53
4,000 pound missile. It's it does terrible tissue
2:32:57
damage when it hits humans. And collisions, are we have this
2:33:02
every day? We have to deal with.
2:33:05
Tragedies in this room on misuse of.
2:33:08
Motor Vehicles. I'm looking at what was
2:33:20
presented, I guess Frank, you presented this from diagnostic
2:33:23
Health? Yes, sir about and I gave it.
2:33:26
It didn't get in a report, but I brought her two or two weeks
2:33:30
ago. Was a week ahead.
2:33:31
When we were supposed to be your first time, but it's showing
2:33:37
that she does have a pretty serious process for.
2:33:41
She's had a broken hip and one of the little brother, welcome
2:33:45
back, welcome over and broken name and she doesn't walk hardly
2:33:51
anywhere except her home. She doesn't know the grocery
2:33:54
store or anything like that. and she's shouldn't be willing to,
2:33:59
but she Even going to probation to be difficult and she doesn't
2:34:06
want probation. What she liked your honor.
2:34:10
And it's I know it's kind of unusual is.
2:34:13
Two years jail time and she said and you could even ask a piece,
2:34:18
he's never vulnerability or anything ever or alcohol
2:34:22
prevention. Not.
2:34:22
How do I put her in his safe? Piece up some of his felony
2:34:29
punishment when she goes to prison.
2:34:32
That is free. No, that's a condition of
2:34:35
probation. Well, so the way we do that,
2:34:39
It's just say p is not supposed to be close.
2:34:42
Yeah punishment. It's a medical.
2:34:46
Possibility. But it, but that's not a
2:34:51
condition under the statute when you, when you get you, if you
2:34:55
want to send her. Yeah.
2:34:56
If the if the state of Texas wants to send her to a facility,
2:35:00
I guess I can't stop that as part of her confinement, but I
2:35:04
can't order it. And then yeah, Place her in
2:35:07
prison. But also the problem is Frank
2:35:10
is, is it defies logic and the historical significance of the
2:35:16
way, the criminal system works? You don't get less punishment
2:35:21
for the same. Subsequent misbehavior.
2:35:24
That'd be. What kind of deterrence aspect
2:35:27
is that if it's supposed to deter people buy?
2:35:33
More punishment. Each time you make the same
2:35:35
wrong choice. Well because we're very healthy
2:35:38
issues, young, she's willing. If you ever Two years old, and
2:35:45
she bought all of her health, insurance or concerns for her.
2:35:55
That's the unusual circumstance. So I understand that.
2:36:01
But each time you competitive Eva don't get less punishment.
2:36:05
Well, that's what you're that's what we all proposing.
2:36:11
Two years in prison is less punishment.
2:36:13
Well, we had last time but you'll pay a fine or five
2:36:17
thousand dollars. You know, exactly what's Ferris
2:36:22
fair? Just because somebody can pay a
2:36:24
fine. They're a lot.
2:36:25
Most people in here. Can't what's the?
2:36:27
And so you have money then you can avoid being held
2:36:32
responsible. I mean, if I was a poor person
2:36:34
I'd say I don't have that kind of money.
2:36:37
Why do the witch people get treated differently?
2:36:39
I thought that we were all treated fairly under the law.
2:36:42
Well, and that's the way I kind of believe it should be.
2:36:46
It, I agree with you. I look at her health issues or
2:36:50
other factor and that's why I brought us a matter of, you
2:36:59
know, she's all she She approaches, which is pretty
2:37:03
serious, but she could just, you know, not just falling or
2:37:09
something, okay? But she can still drive a car?
2:37:11
No, not like that. I and when she was running her
2:37:20
license, if she, you know, you were, we know you were driving
2:37:25
one, October 19th of 23, but yeah, and then after that, you
2:37:32
got sick. You.
2:37:34
Well, you were able before that. No, I fail.
2:37:37
Oh well, what was we're done with?
2:37:41
No, he's the next question. The next question, really.
2:37:45
There's a problem when you commit five, DWIs, man, there's
2:37:51
a problem there and this osteoporosis is just some of
2:37:55
acting or fit DWI. How can you explain the
2:37:58
misbehavior? And, and the wrong choice is it
2:38:02
was wrong. How many wrong?
2:38:06
Mistakes. Do you have to me to or
2:38:08
something about it? We even tried to help you with
2:38:11
probation and that was revoked because you got another DWI.
2:38:16
All right? Wow.
2:38:30
They say. Looking out with the PSI judge,
2:38:33
I think what strikes me the most is that the defendant has
2:38:39
minimized her responsibility. And so today it was refreshing a
2:38:43
little bit to hear her. Say take responsibility, I was
2:38:46
wrong. She minimized her responsibility
2:38:48
throughout the investigation. Also the amount what she's doing
2:38:53
today? That's that's great.
2:38:54
I guess it's never too late to make an act of contrition.
2:38:58
Also the number of Prior DWI is a factor.
2:39:04
The safety of the community is a factor, the fact that she's
2:39:07
already certified years. The cats, six years TDC
2:39:14
replication. I'm sorry, six years TDC.
2:39:16
I don't feel like saying is appropriate in this case we're
2:39:20
going to defer to you of course but that is the state's
2:39:23
recommendation. Heard with big, this group of
2:39:30
prosecutors has been very fair, I think.
2:39:36
She's asking for six years in prison.
2:39:56
The last time she was on probation.
2:40:04
Let me talk to everybody for just say.
2:40:28
well, we're well, we're waiting for judge.
2:40:34
Ashley thank you for five gifted memberships Lindsay.
2:40:38
Thank you for 10 gift membership and Barbara, thank you for the
2:40:40
five dollar. Super Chat.
2:40:41
I did not have a chance to thank you verbally earlier as we were
2:40:44
in the middle of that hearing, that was so rudely cut off by
2:40:47
the judge, but thanks to all three of yellow.
2:40:50
Appreciate you. All right.
2:41:43
He's taking a bit and we're a couple minutes in the way back
2:41:45
machine. So let me try to push this past,
2:41:47
his little pause here. Auto work.
2:41:54
And the way I do things is that you don't get lesser punishment
2:41:59
for the same. Subsequent misbehavior crimes,
2:42:03
you know, that would not deter call.
2:42:05
That would be working against the turrets.
2:42:07
If people move the more they can get from the less punishment
2:42:10
would be, they would they would just race to to make
2:42:15
punishments. So your cap is six years The
2:42:20
imprisonment anything and by anybody else, anything from you
2:42:25
man? Yes.
2:42:26
Okay then I'm going to find and, I, I wish this didn't happen.
2:42:34
You seem like a nice person. But we're talking about. 4,000
2:42:42
pound missiles being driven around and it's hard enough to
2:42:45
drive them responsibly when you're so the way other people
2:42:49
drive too correct, he got to be defensive.
2:42:52
And again this is your fifth DWI.
2:42:55
You have been a felon. To three convictions ago.
2:43:05
I'm going to find. You have pleaded guilty and
2:43:07
paragraph one and true to paragraph two in this.
2:43:12
Third degree felony of operating a motor vehicle.
2:43:14
While in toxicated, you have pleaded guilty and Truth to
2:43:18
progress when she voluntarily them knowingly intelligently.
2:43:22
And you have pleaded true to the allegations and paragraph two,
2:43:26
which state that before you committed this offense, she will
2:43:29
convict of a four. For previous DWIs, two of them
2:43:34
being felony, operating Motor Vehicles in public places and
2:43:39
you were sentenced. To you on probation.
2:43:43
Last time that was revoked and you were sentenced to five years
2:43:46
in prison. The agreement is a cap of six
2:43:50
years in prison. I hereby find you guilty Beyond
2:43:54
A Reasonable Doubt of this third degree.
2:43:56
Felony, in paragraphs, 1 and 2. I'm following this agreement,
2:44:00
you hear by sentence to confinement in the institutional
2:44:03
division of the Texas Department of Criminal Justice, to serve a
2:44:06
term of years. And I just wish.
2:44:11
We all work put in this position.
2:44:12
I just wish he was fixed this mess. but you have to know you
2:44:20
were a blink of an eye from fatalities when you're operating
2:44:25
a fortune 4000 pounds missiles, specially intoxicated, And not
2:44:31
only you but everybody else on the road, relies on each other
2:44:34
to act responsibly with 4,000 pounds missiles zipping around
2:44:39
the road. and for whatever reason, you did not, Learned
2:44:45
from these prior convictions. And here we are.
2:44:49
Put into a situation where I'm disappointed, but this is the
2:45:00
just result under these circumstances.
2:45:04
All right, anything else. No, we are.
2:45:07
Thank you, thank you. Good luck, man.
2:45:19
Here is this? Yeah.
2:45:25
Brandon Mingo. That's right.
2:45:29
Brooklyn Brewer. I haven't seen the attorney yet
2:45:34
this morning, yet. And Reagan.
2:45:39
Mr. Khan 17.
2:45:58
To WhatsApp. Okay, please.
2:46:59
Okay, once again, judges getting all whispering, let me see if I
2:47:02
can push past this. So currently he is under Bond
2:47:12
conditions that do not give him any access or allowance to
2:47:15
access the internet. We are requesting that, that the
2:47:19
amended to allow him to access it for purposes that include
2:47:23
this international student status.
2:47:24
He is on a Visa that since graduation has allow him to work
2:47:28
in that Visa is valid until February of 2027 with that.
2:47:32
He has sort of requirements that come from the Department of
2:47:35
Homeland Security, where he has to reveal statuses and changes
2:47:39
of address or jobs or anything else like that.
2:47:42
And he has to do that through an online portal.
2:47:44
Okay, um, additionally. He expressed, but I'm sure
2:47:49
there's a need for it to tell me how we deal with the fact that
2:47:53
he misused the computer and internet to commit these
2:47:57
problems. Well sometimes and promote child
2:47:59
abuse why? Well judge, you know, as well as
2:48:01
I do that everyone is presumed innocence right now.
2:48:04
Funding is present from. Him, he can't access these.
2:48:11
And this is a probable cause affidavit vegetable, probably
2:48:15
cost, but What we do, what I try to do is freeze.
2:48:20
The circumstances, the reason until we can dispose of the case
2:48:24
and just you're asking for him to get back into the internet
2:48:28
where he there's problems possible, even misuse and I'm
2:48:33
sure that you are all as I am that we live in a fairly First
2:48:36
full Society, almost today. He has requirements.
2:48:39
So he has to report his status online and it's fully online
2:48:42
process. Thank you for not a, right?
2:48:44
And computer is not a related and it can be what we're talking
2:48:50
about child pronography, we're going to Spruce this action.
2:48:55
I've seen about this about his issue.
2:49:00
I'm the victimization of children as a wedge here, and I
2:49:08
don't want to have a problem of revisiting this, during a course
2:49:13
of this case. But if I should Brandon's case
2:49:19
and he has to give us a status update by and say the next week.
2:49:27
I have historically when people admissions the computers, I have
2:49:31
historically prevented It as a bond condition, but I hadn't
2:49:35
heard before the state says, what do you said judge?
2:49:38
Of course, we have Jared. There are offices for
2:49:42
immigration purposes for him to go and check in personally, he
2:49:45
doesn't have to do it by internet but it's more
2:49:46
convenient for him. So we would what about it.
2:49:49
The Lamar that he that his finals through the Lamar portal,
2:49:54
specifically, is online. So he has to report to, is there
2:49:58
anything else he can do? Here in this area without
2:50:02
accessing it. I have asked him if he can go in
2:50:06
person. He talked to impression.
2:50:10
Is here or you US Customs? Why do you the requirement that
2:50:16
he is under? Is he has to give an update
2:50:18
within 10 days of something changing of his status.
2:50:21
So from this issue that has arisen, he has to report that
2:50:27
update of No longer being employed by the 24th and smile
2:50:32
understanding that, that has to be done through all online.
2:50:34
Well, I understand historically, that this has this access has
2:50:39
been frozen for people. But here recently, we have The
2:50:44
ability to monitor people's access online.
2:50:47
So if that is something that the court is willing to explore,
2:50:49
then I think that's something that we can agree to.
2:50:52
Yeah, I sent the link that probation uses for people who
2:50:56
are on probation that not only registers are their online
2:51:00
status, but also their keystrokes, everything else and
2:51:03
it's in your file. So that work.
2:51:06
Oh, they have they have to install it onto their computer.
2:51:10
I don't know if it would be, you'd have to order it be
2:51:13
monitored by somebody, I don't know who would monitor it on a
2:51:15
bond because the bondsman won't I don't think they'll take that
2:51:18
responsibility. Plus they have to pay for the
2:51:21
individual has to pay for every month.
2:51:23
What about that program? But I don't know who's gonna
2:51:27
monitor it. well, somebody well, something has to be monitor or
2:51:32
else. What's a good?
2:51:34
Why yes, give me a plan on that. Getting a plan of.
2:51:40
I like that. That's okay to work through the
2:51:43
probation office, if probation. I don't know, probation is not,
2:51:47
they can check on that. I can I can probably understand
2:51:51
well see if and if that comes with some kind of monthly
2:51:54
supervision fee or something as well so he was yeah that will
2:51:57
actually use the probation office but it's a monitoring
2:52:00
actually I don't want to misusing.
2:52:02
I think that's not having any access in work.
2:52:06
I'm not going to give me any access and why listen I can be
2:52:09
assured. The children are not going to be
2:52:10
explored. Sure I understand but I think it
2:52:13
out I think if that's the difference or the option.
2:52:17
Three to the. Moment, I know that but what
2:52:20
monitoring is it? We don't, nobody's told me I
2:52:22
just said monitoring in general, we got to be there has to be a
2:52:26
plan, right? So can you figure out?
2:52:28
Yes. Okay, about money morning.
2:52:30
All right he's got to Wednesday right?
2:52:32
Willing to go with. Yeah.
2:52:33
Only. And then Brandon Mingo Brooklyn
2:52:41
Brewer. This man, what are we doing?
2:52:45
He's yes, good morning. Yeah, I was going to share with
2:53:00
state where it's all here. The mister, Migos paycheck.
2:53:04
Stubs. What do you what are you asking
2:53:05
for? I don't know what you're asking.
2:53:06
I would like to get some type of deferred.
2:53:09
I was talking to you. Yeah, that's what we were.
2:53:12
We were still talking about it but I know that the prosecutor
2:53:15
was on a case that's me. Yeah, it's him.
2:53:18
You talked to him last time you talked to me first time, okay?
2:53:20
And decide if something could be done.
2:53:24
And yeah. That's what you put in the ball
2:53:26
on the table. Yeah.
2:53:27
When do you want to do that? You want to do today.
2:53:38
You want to talk to him and do it later.
2:53:40
That's the time you get to decide.
2:53:43
There's just. Okay.
2:53:44
He just was out of Virginia. What do you want to do it?
2:53:47
today, or when You like to learn quicker, you put quicker, you
2:53:52
get placed on probation the courtyard.
2:53:54
Yes. But people like that postpone
2:53:57
things but I always thought the quicker.
2:54:00
It begins a quicker. It is How the jury we're going
2:54:11
to need about 10 minutes, please?
2:54:12
Thanks Dennis. If you're on your favorite bar
2:54:17
and we're on there, we'll see. All right, let me see if I can
2:54:35
bump us past this quiet part. So it sounds like we're going to
2:54:40
do one more here, that's what I was.
2:54:54
No, I guess we're not. They just moved over to trial
2:54:57
stuff. Okay, dokie let's go here back
2:55:01
to Ohio but this time judge colada,
2:55:33
Have a president case 23 Sierra, 500s did Ohio versus James
2:55:38
Carson. We're here on a motion
2:55:40
determinate Community Control sanctions Been in previously,
2:55:47
weighed the Primal cause hearing.
2:55:50
Scheduled for a final hearing at this time.
2:55:54
Been in this here in court with Council Mr. Jonathan Mr. Tikka
2:55:57
was the defense intention at this time.
2:55:59
Good morning Runner, Mr. Carson would like the way his final
2:56:02
hearing except for responsibility for his
2:56:04
misconduct and resolved violations today,
2:56:59
It's cursing, you've been charged with violating the
2:57:01
conditions of your community control sanctions specifically
2:57:04
to the ledge of violated. Let me get this up here.
2:57:19
You guys have a recommendation in the folder.
2:57:26
You. Specifically, the ledge of
2:57:33
violated rule 3, which requires you to report it such times and
2:57:37
places as directed by your probation officer.
2:57:39
And so, as you fail to appear on Tuesday, August 12th, Tuesday,
2:57:44
August, 19th, and thereafter. It's also allowed, you violated
2:57:48
rule 4, which requires you to report to your probation
2:57:52
officer? The address that you are
2:57:54
actually living. You're not to change that
2:57:55
address without prior notification approval of your
2:57:57
probation officer. And as let's shoot at your
2:58:00
negatively discharge from Project Hope on August 4th and
2:58:03
that advisor, probation officer of any other address.
2:58:07
Where you were residing in your current whereabouts as of August
2:58:10
20th, world. so alleged that you violated rule one.
2:58:20
Will want you to obey. I'll local state and federal
2:58:23
laws and its alleged on August 2nd.
2:58:28
You were charged with no operators, license and operating
2:58:31
vehicle under a suspension. And then just recently, you were
2:58:35
convicted of that charge. Now you have the right to have a
2:58:39
final hearing regarding these allegations.
2:58:41
That's a hearing where the state would be required to prove that
2:58:44
actual merits of what their alleging.
2:58:45
You could have this final hearing.
2:58:48
But you could also waive the hearing and plea guilty to the
2:58:51
violation your violations, I should say In your attorney is
2:58:56
indicated. He believes.
2:58:59
That's what you want to do. Is that correct?
2:59:00
Yes, sir, before I can go any further.
2:59:03
I need to advise you to the potential penalties.
2:59:06
You face. If you are found to a violated
2:59:08
your community control sanctions.
2:59:10
If in fact that that occur, the court could extend your
2:59:13
probation up to five years. It was originally two and a half
2:59:17
years. I extended it another six
2:59:19
months. The last time we were here for
2:59:20
probation violation, so I could extend it up to another two
2:59:23
years. I couldn't post more restrictive
2:59:25
sanctions including or they used to serve time in the county
2:59:28
jail, right? Determinate your probation and
2:59:30
send you to prison. If I did that it could be
2:59:33
anywhere from six to 30 months in prison.
2:59:35
Do you understand the potential penalties your face?
2:59:38
If you're found to have violated your community control
2:59:40
sanctions? Well, haven't been so advised.
2:59:43
What do you want to do at this time?
2:59:44
You want to have The final hearing you want to wave the
2:59:48
hearing of the violation? However, hearing and play yoga
2:59:53
violation very well at the allegation to violate a rule,
2:59:56
three by filling the report to your probation officer since
2:59:58
August. What is your plea to that?
3:00:01
As the allegation violated rule 4 by not.
3:00:06
Providing an address where you resigning, what is your plea to
3:00:09
that guilty? And that's the allegation
3:00:11
evaluated rule one. By having been convicted of a
3:00:13
new offense while on probation what is repeated that good?
3:00:16
All right, the core accept your pleas of guilty.
3:00:19
Find that you did. Violate your community control
3:00:21
sanctions. Mr. Protect any reason not to go
3:00:23
forward with dancing know you're on anything you want to be happy
3:00:27
after client? Oh yes sure.
3:00:30
The the deuce that is the base of one of the violations was
3:00:35
resulted in Painesville Municipal Court Mr. Carson
3:00:39
served. His three days on that.
3:00:40
I received a telephone call from his cousin.
3:00:43
Delia Mackey, who indicated that Mr. Carson could reside with her
3:00:49
at 7720 second war Avenue in Cleveland 44103.
3:00:58
Mr. Kirsten has credit for 355 days time.
3:01:02
Sure. We asked for 3:58, I'm sorry.
3:01:05
What did I say? 55, what's 6913 days comes up to
3:01:11
that 3:58 we just worked consider all those factors and
3:01:15
testing the resolution. Secure the right to address the
3:01:20
court before your sentence. You can say anything you want or
3:01:22
anything. He wants at this time, Your
3:01:25
honor, I would like to apologize for.
3:01:31
Being concept of court, I would call it not going to see my
3:01:34
probation officer. And for me getting pulled over
3:01:38
on what it's supposed to behind the wheel.
3:01:43
It doesn't matter what I was doing.
3:01:44
I take Florida accountability before I was trying to make it
3:01:47
to a good good friend of mine's funeral that day.
3:01:51
However, somebody got Was tired. She was also on Project, hope
3:01:55
with me. and, She asked me if I would take, you know, Take the
3:01:59
Wheel she was sleeping from the night before.
3:02:02
But I know I shouldn't have did it.
3:02:04
Like I said, I take full responsibility on her
3:02:06
accountability, so I never got a chance to Think I might have
3:02:16
seen my new probation officer. Only knew David Tompkins and you
3:02:20
had a chance. You didn't take the chance.
3:02:22
You had plenty of chances to see your new probation officer.
3:02:24
Yes. And I got a lot.
3:02:27
I kind of When I got the ticket was August 2nd, the week after
3:02:35
you were here in court. Yes.
3:02:45
My freshman memory when he was here in court for the first PVA,
3:02:48
I gave him. Like 30 days of TDR. Yes.
3:02:51
So how was he out? He'd have a job lined up and he
3:02:56
was living at home so he didn't do it hardly.
3:02:59
He got out pretty quickly after the last hearing.
3:03:05
Anything else like to say, Mr. Carson.
3:03:07
Know God. Take anything else.
3:03:11
Somebody have to defend? Her.
3:03:14
I just want to Have a clear record.
3:03:17
I was under the impression that this case involved, F4
3:03:21
conviction. You, you mentioned a possible 30
3:03:24
months, I believe the cap would be 18 not going to be AI.
3:03:27
Tony Obi. It's six to 30 months.
3:03:30
Oh, he was advised to that at The Plea as well.
3:03:32
Okay. 2408 to 30 months. And It was court has considered
3:03:47
the present report investigation.
3:03:50
I have considered the facts and circumstances of the underlying
3:03:54
offense. The nature of that offense,
3:04:05
I have considered the defendant's performance on
3:04:09
probation. After everything that's been
3:04:11
said here today. All this considerably the
3:04:14
purposes and principles of felony sentencing set forth in
3:04:17
29, 29 11. So the factors in 292912 on
3:04:23
corporate. All the findings I made
3:04:24
throughout this case, we're going to seriousness factors in
3:04:27
the recidivism, factors with the additional finding today, that
3:04:30
the defendant has failed to comply with previously.
3:04:33
Imposed sanctions order by this court, one of those conditions
3:04:36
is that he did pick up a new offense.
3:04:38
So not only does the Pacific, More likely, it actually
3:04:43
occurred. And this case The Thundermans
3:04:46
criminal history goes back over. 30 years.
3:04:51
He's got. One, two, three, four.
3:04:58
Six. This was the seventh OVI
3:05:01
offense, he got a big break with the plea, in this case, to begin
3:05:05
with, without having a specification.
3:05:07
On this case, These violators probation once before.
3:05:18
Preparing the report. And literally, I ain't even
3:05:21
doing anything to him really last time.
3:05:22
And then he fell to report again.
3:05:26
We think a week after we were in court.
3:05:29
And he was gone for six months. And while he was gone, he was
3:05:33
driving or dirt and that was early on.
3:05:36
But he one of the violations also was for driving a car with
3:05:39
Obi ice suspension from this court.
3:05:42
And at this point, it's clear, the fence no longer menabol to
3:05:44
communication control sanctions. Prison is consistent to purposes
3:05:47
and principles sentencing. Therefore it's a quart.
3:05:54
Then count one to finish her term in prison of 18 months.
3:05:56
His credit for 300 588 days, is already served.
3:06:00
I need to advise you a Pioneer release from prison.
3:06:02
You could be placed on partially control for the two years.
3:06:05
If you are, and you're violating those conditions, the pro
3:06:08
Authority can return you to prison as punishment for
3:06:10
violating their rules. For another nine months for each
3:06:13
violation, you commit up to an overall maximum of 50%, or half
3:06:17
of the term. I just impose any additional
3:06:19
prison term and post for violating Post Release controls
3:06:22
being imposed, a part of the sentence at this time.
3:06:24
Court is approves. The fitness placement program
3:06:26
cursor, intensive prison program or transfer to transitional
3:06:30
control That's where the pale costs are there any payments
3:06:35
made on the mandatory fine that were ordered in this case?
3:06:40
Let's not reimpose now that's already but it's already been
3:06:43
imposed. That's still out there.
3:06:44
Is there anything else for the record Mr?
3:06:46
Betika No, thank you. Friends TCF live.
3:06:55
It is super Friday. Hope you're all having fun so
3:06:59
far. Today been an interesting day in
3:07:01
court. Feels different from what we
3:07:03
normally see on Fridays. I'm not that's good or bad.
3:07:06
I just feels different. So if you were a channel member
3:07:11
on the pre-show this morning then you know that we we had a
3:07:14
little special, something something to start off the
3:07:16
morning, and it was based on What happened in sidebar last
3:07:22
night? So if you haven't seen sidebar
3:07:24
lot from last night, go watch that.
3:07:26
But basically we invented two new superheroes meth boy and
3:07:31
rock girl and there's some lore behind it but we had a poster
3:07:37
basically, a comic book cover if you will for meth boy and rock,
3:07:43
girl, and somebody in the chat at some point, this morning said
3:07:47
that, that should be merch. So I've been working behind the
3:07:50
scenes in there, it is my friends, I will drop a link as
3:07:53
soon as I'm done. Flapping my gums into the chat.
3:07:59
Your official meth boy and Rocket girl poster.
3:08:02
If you are a channel member and you want that, be sure to use
3:08:05
your discount code because it basically just brings it down to
3:08:08
cost. So it gives you like the best
3:08:11
deal possible on it. And I guarantee you that the
3:08:15
adventures of meth boy and rock, girl will become a regular thing
3:08:20
in the pre-show So be sure to check that out.
3:08:23
Pick that up if you want, it was great granny.
3:08:27
All right, well there you go. Great granny.
3:08:28
I've used their posters before for other projects that really
3:08:32
high quality, it's worth picking up and And yeah, I'll drop a
3:08:38
link here in just a moment in the meantime.
3:08:40
Let's go to. Let's go back to judge Elmore.
3:08:47
Appearances, beginning with the Prosecutors office.
3:08:51
Good morning your honor, Dan also hearing on behalf of this
3:08:54
Noel Mugabe special prosecutor from Grand Traverse County.
3:08:59
All right. Thank you.
3:09:01
Jennifer. Thomas with yours in courtyard.
3:09:04
All right. Thank you again, Mr. Wilson is
3:09:06
joining us. Today, he's Zoom, which, of
3:09:09
course, has allowed. I see that.
3:09:11
We have another person. I assume that's just a step.
3:09:14
So I used the word just I don't want to use the word.
3:09:17
Just, this is an awesome staff member, apparently from
3:09:20
Nebraska. Here's office.
3:09:21
Is that right, Mr. Olson. That is correct.
3:09:24
Thank you, I have apologized for the word.
3:09:27
Just, all right here today for a couple different things.
3:09:31
I'm going to cover what I think. When I thought we might be
3:09:34
doing, but what I think we are now doing there.
3:09:38
Originally was a motion file and by the fence to trial date.
3:09:45
That was dated February. 12th was Um Lisa was dated February
3:09:56
12th. Somehow I suspect that might be
3:09:57
a mistake because the proof of service says March 12th, either
3:10:02
way, then we receive that on March 17th.
3:10:07
However, I've also received dated March 16th, a signed a
3:10:15
pre-trial agreement and advice of rice.
3:10:17
Thus I assume we're here today for a week Mr. Vento was on
3:10:22
their way. All right.
3:10:24
Thank you. We're into the Matrix.
3:10:34
Let's just get rid of Mr. Event. Don't do that.
3:10:37
I want to tell me the names of the people that are all their.
3:10:48
Are those people in casement spice?
3:10:53
I believe that Mr. Singing is be victims father.
3:10:56
I don't know the actual victim here.
3:10:58
I do not know the name of the other person.
3:11:03
You don't need to bring Mr. And assignment, yeah.
3:11:05
Bring in that individual. and, Respect.
3:11:18
That's we now have an individual.
3:11:20
Well, there we go. Just says Ron, but you don't
3:11:23
look like Iran. Ma, what is your name?
3:11:25
My name is Maria and son. I'm Christina, father.
3:11:30
All right, thank you. Now there is another person who
3:11:34
is currently listed to join the zoom ma'am.
3:11:39
I'm going to resent and I'm going to ask you if you know the
3:11:41
person that of course, what's the name Ivana?
3:11:46
Last name is aw. Is that sound like anybody?
3:11:51
You know? Miss instant.
3:11:52
Yes, I found a Oscar. She's my other one.
3:11:58
Oh, okay. Holy cow.
3:12:01
Do we know who this? Jillian was Jillian's last name?
3:12:04
It just says Julian's iPhone. Do we know any Gillian's
3:12:07
involved in the case? No, sorry.
3:12:12
I don't know. They can just watch him.
3:12:14
What he called, YouTube. Thank you.
3:12:19
All right. So we got everybody here that we
3:12:21
need. Let's go ahead and tell me what.
3:12:22
Wait, I'm going to cover, what? I think we're doing.
3:12:24
Are we doing the plate? Yes, sir.
3:12:26
All right, so as I understand it, pursuant to the pre-trial
3:12:29
agreement form that was presented to the court earlier.
3:12:32
This week, the defendant who is currently charged with a count
3:12:40
of criminal sexual conduct in the first degree.
3:12:44
Count one and then another count of the same events.
3:12:47
Instead of that, those two counts are going to be dismissed
3:12:50
if the defendant enters of guilty, plea, too.
3:12:52
And the court accepts, those, please too, added counts, three,
3:12:57
and four. Those added counselors would
3:13:00
both be for and allegation or charges of criminal sexual
3:13:04
conduct in the second degree. Is that correct Mr. Olsen That's
3:13:11
correct. That correctness white.
3:13:14
It is a wiser. Do you go by Vice Uncle?
3:13:17
My wife. All right, thank you.
3:13:23
And there are no other terms, the agreement in my correct.
3:13:25
Mr. Olson that's correct. Am I correct?
3:13:29
My voice? That is correct.
3:13:30
All right, so now I'm going to turn you Mr. Thomas.
3:13:32
Is that how you wish to and you may remain?
3:13:35
Secure? Is that how you wish to resolve
3:13:36
it? Yes.
3:13:37
All right. Please raise your hand.
3:13:39
Sir. Do you swear or a firm that the
3:13:41
information and testimony that you're about to provide will be
3:13:45
the truth? The whole truth and nothing but
3:13:46
the truth search? Yes, thank you.
3:13:48
You mean lawyer hand? All right Mr. Thomas we're going
3:13:52
to go over all this and if you have any questions along the way
3:13:55
you've got to do is let me know and if you need to speak with
3:13:59
your attorney just lean over, I'll stop talking and you can
3:14:03
talk to her, okay. You are currently charged on a
3:14:07
piece of paper, that's called a felony information on it, you
3:14:10
were charged with two counts. Each one of those are account of
3:14:14
criminal sexual conduct in the first degree.
3:14:19
Each one of those are a felony punishable by up to life in
3:14:25
prison or any term of years. Mandatory lifetime electronic
3:14:30
monitoring mandatory A's and STD testing.
3:14:33
DNA would have been taken up on arrest and the court could info
3:14:38
was consecutive sentencing. That means that if you were
3:14:41
sentenced for just using some random numbers, five years for
3:14:45
count, one five years for counting two consecutive means
3:14:49
you have to serve one and then another one back-to-back, IE a
3:14:54
total of 10, all right. Um, also, there would be Sex
3:15:00
Offender Registration under tier 3 of the Michigan Sex Offender,
3:15:04
Registration act, tier three is the most strenuous.
3:15:10
It is registration that you would do is buying.
3:15:16
This is the one question that we forget that quarterly.
3:15:19
I know it's like that. Quarterly is what I wanted to
3:15:21
make sure we got Now those two counts will be dismissed.
3:15:24
If you enter two guilty pleas to add accounts three and four.
3:15:28
Each one of those would be a count of criminal sexual conduct
3:15:33
in the second degree, each one of those are felonies powerful
3:15:38
by up to 15 years. And there would be sex offender
3:15:44
registration and or a criminal sexual conduct in the second
3:15:50
degree. I understand here that the least
3:15:53
right now, the alleged victim was an adult.
3:15:55
Yes. That would be for 25 years.
3:16:00
It would be by annually. It would be a tier 2.
3:16:04
You understand? All right.
3:16:06
Now. Of those would run concurrent
3:16:15
one another not consecutive. So for instance, if I gave you
3:16:20
two kind of, I have no idea what the sentence would be just using
3:16:23
random numbers, so don't read into it.
3:16:26
I gave you two years for one and two years for the second.
3:16:29
You'd only serve two years total.
3:16:31
Does that make sense? Great.
3:16:33
Yeah. Any questions about that?
3:16:36
Now, the court could depend on how these guidelines work, could
3:16:40
give even a jail sentence, which somebody gets a jail sentence
3:16:43
versus a prison sentence. They get good comic time, five
3:16:48
days for every 30 days to spend in jail.
3:16:51
You don't get that at first. He also get a jail sentence
3:16:54
report. Can also, Issue a period of
3:16:59
probation that can be up to three years and there could be
3:17:02
terms of conditions of those probation such as know, I don't
3:17:06
know, but examples are generally.
3:17:08
They'll consumption of drugs alcohol, illegal control
3:17:11
substances. And one of the bigger ones is
3:17:14
don't violate the law. If you are getting violate the
3:17:18
law by the way, if there's an allegation that you violate it,
3:17:22
you don't get a full trial at least on the probation
3:17:25
allegation, and then I can buy, you can be violated on your
3:17:29
probation and In additional time or even get a person sentence,
3:17:35
okay. But if you also get probation,
3:17:38
you also have the right after half time, you request release
3:17:43
from your probation, if you've been successful.
3:17:45
So, again, if your probation work for 36 months and you made
3:17:48
it 18 months, then you can petition the court to make sure
3:17:54
you've been successful. There are some fines and costs
3:17:58
that could be assessed as well. And all right, have any
3:18:02
questions about what you're charged with?
3:18:04
Will hear any question about the two Chargers to which you're
3:18:07
playing and you have any questions about potential
3:18:13
punishment sex offender registration at least as far as
3:18:16
I've gone over thus far, all right.
3:18:18
Now I have here. I'm just going to go over those
3:18:26
with you. The first one I'm going to hold
3:18:30
up is is plea agreement. It's got two pages and the
3:18:34
signatures appear on page 2 and it looks like I see the
3:18:38
signatures of the Prosecutors office and your defense counsel,
3:18:42
but also you as well, is that your signature there?
3:18:45
Yes. All right now, did you read
3:18:47
through both Pages before you sign it and before you sign it,
3:18:51
did you talk to Miss twice about it?
3:18:53
And then she explained the terms and conditions and potential
3:18:57
punishments and all those things with.
3:18:59
You actually also talk to you about what probably going over
3:19:03
the police report and all the evidence and information in it.
3:19:06
And here's what's an important point.
3:19:08
One of the big questions here is She able and available to answer
3:19:12
your questions. Yes, I anticipate you would be
3:19:16
but sometimes you get turning to don't oh Mark that responsive
3:19:20
but she's been responsive Chief so far and answered your
3:19:23
questions and you guys have talked about potential defenses
3:19:26
and things like that. I mean satisfied with her
3:19:29
representation representation of the day.
3:19:31
All right? And so far, we haven't gone over
3:19:35
all your right check. If you believe at least right
3:19:37
now that what we've talked about is in your best interest.
3:19:42
Now we're going to move to the second document.
3:19:44
And this one, is your advice of Rights form and here it has your
3:19:48
signature at the bottom. It looks like.
3:19:50
Is that your signature? Yeah.
3:19:52
Did you read through all these rights before you signed it?
3:19:55
And did you understand the words that you read?
3:19:59
And did you talk about them at all with Miss Weiss?
3:20:02
You have any questions about them?
3:20:05
Here's the important question. This covers all your rights for
3:20:08
like going to a trial. You understand that?
3:20:11
If you please guilty today and I accept that please, you will be
3:20:14
forever waving these rights as they apply to this particular
3:20:17
case, just okay. Now you also will be giving up
3:20:21
to write the claim that The Plea was a result of some promise
3:20:24
threat inducement. Without with that I haven't
3:20:27
heard about today and you'll be giving up the right to come
3:20:30
back. So I want to make sure that any
3:20:33
other problems in Deuces from anyone.
3:20:36
About getting you to answer this.
3:20:37
Please. Okay.
3:20:39
So therefore you went to The Plea of going free choice.
3:20:43
Now there's another question here.
3:20:45
I think you still have it. You don't Normally.
3:20:49
But I know my wife has got it available on page one of that
3:20:52
pre-trial agreement. You're going to look down toward
3:20:55
the bottom and you're going to see the paragraph five.
3:20:59
You see that sir. Now what that says?
3:21:01
It says the estimated sentencing guideline ranges as follows.
3:21:06
So in Michigan for felonies, and these two will be felonies.
3:21:09
There are guidance that the legislature gives courts to use
3:21:14
to help courts, establish a reasonable and proportionate
3:21:17
sentence. They are however Not mandatory
3:21:21
and once you to understand that so what these guidelines are
3:21:25
you'll see here right here in paragraph five is the word
3:21:27
estimate. That's the attorney's best
3:21:30
estimate you understand and sometimes they're wrong.
3:21:34
Sometimes they're a lot of times they're spot on but the point is
3:21:38
is it's an estimate. They don't know yet if that's
3:21:41
the exact scoring because for instance they might all be
3:21:44
looking at prior and I know there's been told there's no
3:21:46
prior criminal history, but sometimes and I don't know you
3:21:50
don't take any any insult sometimes.
3:21:54
There's something that pops up in the person goes.
3:21:56
Oh, yeah, I forgot about that one time.
3:21:59
I always in, California. so, Anyway, out there, everything
3:22:03
can be a crime, I think water in your lawn, on a Wednesday.
3:22:06
But anyways, the point there is is, that's just an estimate, you
3:22:10
understand, just, okay. Now, has anyone made any
3:22:13
promises to you or LED you to believe exactly what I would do
3:22:16
for sentence because I don't I don't know I don't want to talk
3:22:20
to me about potential sentencing and that's what I want to make
3:22:23
sure. You understand there's no
3:22:24
promise as exactly what the sentence is.
3:22:27
It's very appropriate for your attorney to let you know what
3:22:31
she thinks and the prosecutors. Let you know what he thinks.
3:22:34
The guidelines would be for that minimum amount.
3:22:35
So If you have any questions or concerns.
3:22:39
So again you still wish to actually pleased as we
3:22:43
discussed. Okay, now there's one thing.
3:22:46
Also, when we do here, I'm gonna have to ask you and you're going
3:22:50
to have to tell me what it is that you did.
3:22:52
It makes you guilty of me offensive, at least with the
3:22:55
gadget counts, three and four understand.
3:22:59
So ask you added counts, three and four, which both alleged
3:23:04
charges of criminal sexual tonic in the second degree.
3:23:07
How do you clean? Thank you.
3:23:10
So now what I want to do with we're gonna talk here, a little
3:23:13
about what happened On January. I'm sorry.
3:23:18
July 27th of last summer in 2025 you apparently were in Cadillac
3:23:24
or part of Cherry Grove Township.
3:23:27
Cadillac covers two townships plan Lake and Cherry Grove here
3:23:34
in Wexford County where were you?
3:23:36
I was at uh, you sleep Mitchell Drive.
3:23:42
It was a lake house. Yeah.
3:23:49
I can't really all right. Okay, so we were up here at a
3:23:55
VRBO or an Airbnb or somebody else's house.
3:23:58
Bill it was someone else. Okay, so you were visiting with
3:24:02
some other friends or student. I don't know.
3:24:05
Whatever friends, right. And How many days were you?
3:24:11
At that, resin. Oh, I arrived Friday, and then I
3:24:15
love Sunday morning. So, two minutes.
3:24:17
All right? And so tell me what happened
3:24:19
that day. Or night fires it.
3:24:23
Okay. With that, let me see what I
3:24:25
could use this circuit. I gotta earn my paycheck
3:24:27
somehow. So but miss Weiss, I'm gonna let
3:24:30
her come back in and help me out here a little bit.
3:24:31
You were at the house with a handful of other people.
3:24:34
Correct. This and what they did this
3:24:37
event occur. So here's the night of the 26th
3:24:40
going into the morning of 27. So Saturday this.
3:24:42
All right, got it. And we're all consuming
3:24:45
beverages like alcohol, things like that?
3:24:47
Yes, sir. And we all about the same age I
3:24:52
believe. So.
3:24:52
Yeah. Within that two to three year
3:24:53
range, right? Good.
3:24:54
So you got you're up here and where you look like you're from
3:24:57
Zealand? I used to what did my student
3:25:00
teaching at Zeeland high school has nothing to do with this but
3:25:03
anyways. So what happened?
3:25:07
You were consuming alcohol and somehow late at night cuz you go
3:25:13
to bed sometimes. Go to sleep, right?
3:25:16
Did you a couple wake up all Yeah, yes, okay.
3:25:21
So we leave. So well then tell me what
3:25:24
happened? What did you do?
3:25:25
And it looks like this, involves a person, who's initials are PE.
3:25:31
Why don't you go? And I'm just going to use those
3:25:33
initials. So we know who we're talking
3:25:36
about what, you know what I'm talking about.
3:25:38
The P, this we just want to be respectful of an individuals.
3:25:42
So what happened and involved between you and PE?
3:25:48
Oh, I woke up in the room that of PE was sleeping in and I had
3:25:57
fingers in her vagina. And your mouth.
3:26:01
All right, so you would put your mouth onto the openings of her.
3:26:08
National label area. Is that correct sir and was she
3:26:12
awake at that time? And did you know, she wasn't to
3:26:16
wait. Well, I let's meet very careful.
3:26:21
Let's just buy new, what? We might be running up again.
3:26:25
That's why I said I was going to ask the question.
3:26:27
So It's not the monster. I know there was a potential
3:26:33
defense yes. And there was talking about
3:26:36
sleep apnea and things like that.
3:26:38
Which by the way I know a little bit about those issues and been
3:26:43
a defense attorney and so We went in.
3:26:48
Did you go from one room into her room?
3:26:50
Yes. And where she had a bed and what
3:26:53
she sleeping? And when she was sleeping, you
3:26:56
without her consent and placed your fingers into honor around
3:27:01
her vaginal area or into the vagina set, right?
3:27:04
And then you put your mouth and telling your ears on the same to
3:27:09
talk on the same area. Yeah.
3:27:10
Okay. And again, at the time, each of
3:27:13
those two events occurred that she was sleeping.
3:27:17
All right? So that covers the Hopelessness
3:27:23
for CSC 2. 7 5, 0.52. C.
3:27:32
Yes. Sir.
3:27:33
Section g. Yeah.
3:27:34
All right. So now we have one more
3:27:36
question. This one's going to be the tough
3:27:38
one. All right, so again, she didn't
3:27:41
give you can set to do this, right?
3:27:42
And you didn't have a relationship where you might
3:27:45
think this was appropriate, right?
3:27:47
All right. So now the real, the difficult
3:27:50
question today that we might have is how did this impact, or
3:27:54
do you know, who were you there when she woke up?
3:27:57
Oh, that was their ritual joke, right?
3:27:59
So the key question here that I'm looking for and this wife.
3:28:03
Maybe this is where I'll let you try to help me out.
3:28:06
And that is I assume that we'll probably going under the mental
3:28:11
anguish because there has to be a physical injury, which could
3:28:15
be a physical bodily injury. It can also be mental health and
3:28:20
specifically underneath the statue to use the language
3:28:23
mental anguish. Go ahead and it's like thank you
3:28:25
so much our um, sometimes during the course of our discussions.
3:28:29
You met my office multiple times right now, and we had talked to
3:28:33
the prosecutor who's not present today this morning were correct
3:28:36
and I informed you that she had met with the victim really the
3:28:40
initials PE on his case, correct?
3:28:42
Yes, and that Pete had indicated to the prosecutor that she was
3:28:46
really suffering based on what had happened to her at Lake
3:28:49
House in Markham, correct, and because of what you did to her
3:28:52
and that she was probably going to or was in all right with
3:28:56
because of it, correct? That she was just because of her
3:29:00
suffering that was part of the Queen of England as to why he
3:29:02
was charged correct and it was part of the reason why Miss
3:29:07
Logan Byrd enhanced the charges from the third degree to a first
3:29:11
degree at the beginning of this case, correct?
3:29:14
Yeah, thank you. All right Mr. Olson do you
3:29:18
believe? Mr. Thomas has provided
3:29:20
sufficient facts to establish the elements.
3:29:23
Four counts, Add accounts, three and four.
3:29:27
Yes, sir. Are you aware of Mr?
3:29:30
Olsen, and any other promises threats or inducements?
3:29:34
No, no. You're And you believe the court
3:29:37
and along with the assistance of this white and the information
3:29:40
provided by Mr. Thomas comply with Mission coal 6.3 02.
3:29:46
Yes, sir. A miswa you agree with all free,
3:29:51
I do. Thank you.
3:29:52
All right, thank you. Now, there's one small issue
3:29:55
that I want to go over here, and it's going to be very delicate
3:29:59
here with it and we're gonna work through it.
3:30:01
Ultimately, I know that there was this previous defense that
3:30:05
you all were looking into, Mr. Thomas.
3:30:08
You're aware of that, correct? Understand that you work for
3:30:12
going that defense strategy. Correct.
3:30:15
And now what I'm also concerned here with is not only that you
3:30:20
knew that, but what I, what I would be concerned with this is
3:30:25
some more down the road and appellate attorney, which say,
3:30:28
well, Miss White was ineffective, and I'm not saying
3:30:32
that at all and his wife Did you talk to her about not going down
3:30:37
that direction? I know there was some report
3:30:42
that gets met with some sleep specialist.
3:30:45
If you understand that you're not going to go down that road
3:30:49
is that correct? Yeah.
3:30:51
And you, you're satisfied with this decision in your advice
3:30:54
that you received from his wife's about not going down that
3:30:58
road any further. Yes.
3:30:59
Okay, good. All right.
3:31:01
I really appreciate you going through that.
3:31:03
I wanted to just ask Mr. Thomas a few more questions, right?
3:31:05
Part of our consideration for moving forward.
3:31:09
With the pros, the judge outlined very readily at the
3:31:14
beginning of your pleated day giving the sex offender
3:31:17
registration as well as the consecutive sentencing.
3:31:20
And the guideline difference is between first and a second and
3:31:25
mandatory prison for first person is not for a complete
3:31:28
agreement and those are your choice is correct.
3:31:31
Yes. And you understand that we can
3:31:32
still use any of the information that we have.
3:31:35
Been discussing as a defense for mitigation purposes that you're
3:31:38
talking. So that's the way you want to
3:31:40
proceed today? Yes, and that was your choice.
3:31:42
Yes. Okay.
3:31:43
The one thing and I don't think his wife was Intending this but
3:31:49
I just wanted to make women on words here.
3:31:53
When you come back for sentence, you might people you might
3:31:56
provide information about that. For instance.
3:31:59
Let's say you had a mental health issue physical issue,
3:32:04
whatever you want to express that to the court the key issue
3:32:08
is when you come back for sentencing.
3:32:11
You can't go back. You can't say anything that's
3:32:14
going to try to say well judge. I had a great defense.
3:32:17
This is where it was going to go because if you do that, oh,
3:32:20
you'll have a big discussion that day.
3:32:23
All right, so I just want to make sure you want to understand
3:32:25
that and I'm sure Missy shaking her head.
3:32:28
Yes doing a lot of yes, sir. All right.
3:32:30
Thank you. Anything further Miss White
3:32:34
before? I accept the police know Mr.
3:32:36
Thomas any questions at all about what we have done today
3:32:39
have any questions about the pre-trial agreement that you've
3:32:42
been I do have any questions about the police that you have
3:32:46
made mostly. Thank you.
3:32:48
All right, the court fights that is pleased to their made freely.
3:32:51
No only involuntarily the court Ferguson said to test someone he
3:32:55
provide the defendant under oath on the record satisfied to
3:32:59
require elements of proof. For adding calories, 3 and 4.
3:33:05
Therefore, the court finds the defendant guilty of added
3:33:09
counts, 3 and 4 for criminal sexual comic and the second
3:33:12
degree. And of course, finds that the
3:33:15
testimony does involve actually could involve allegations might
3:33:21
support. another offense, whether it's CSE first or third
3:33:26
with the course of love to accept it as a lesser included
3:33:29
offense so that's on trying to cover their therefore the Venice
3:33:33
found guilty bad accounts three and four counts, one two will be
3:33:35
dismissed the time of sentences all right, mister Tom Thomas,
3:33:41
when you leave this court, you're going to go down stairs
3:33:43
to the Apartment of Corrections or known as the probation parole
3:33:50
office, if you take that elevator all the way down
3:33:53
stairs, step out to a sharp button.
3:33:55
For the right. They won't be anybody there to
3:33:58
throw you a football. But down that hall, there's a
3:34:00
door. You go through that door, on the
3:34:03
end of the hall and the right left hand side is the Department
3:34:06
of Corrections, I assume. Did you have to do anything
3:34:09
through Community Corrections? And yes.
3:34:12
So, if you were just stand in front of Community, Corrections
3:34:14
doing about faces, take three steps, forward, your Facebook,
3:34:18
hit their window going down there, gonna give you a packet,
3:34:21
you're going to complete that packet and turn it in. it will
3:34:25
also set up an interview with you and you have the right to
3:34:27
have your counsel present during that interview We'll also
3:34:30
prepare a report that will go to your attorney and your attorney
3:34:33
is going to have to sit down and go over with you.
3:34:35
Prior to coming back to court each side.
3:34:38
Each side has the right to come to this work.
3:34:42
Request Corrections, make objections, maybe it's in the
3:34:45
scoring. Maybe it's the language or
3:34:47
information side or just requests Corrections that are
3:34:49
really simple. The thing is, is that this
3:34:52
report is prepared by the Michigan Department of
3:34:54
Corrections. Anytime someone is convicted of
3:34:57
a felony, in a state court here in Michigan.
3:34:59
This report will describe the offense, the pre-trial
3:35:02
agreement, any statements information, you make or provide
3:35:05
walls information about from the victims.
3:35:08
She showed has the right to be present in the courtroom at the
3:35:12
sentence in and make a statement if she chooses to do so.
3:35:18
This report will also include a score in the guidelines.
3:35:21
I remind you that the guidelines are not mandatory.
3:35:24
I'm very big on making sure that it's accentuating because of
3:35:28
course have discretion But again, I still there a tool that
3:35:32
I will use to help establish what I think is a reasonable.
3:35:38
Things that I look at. I'm going to look at the
3:35:40
description of the events. I'm going to look at what the PE
3:35:44
set if you don't have any priorities.
3:35:46
It's great. Because I put a lot of weight on
3:35:48
prior probation violations and role activity and bond issues,
3:35:52
things like that. But anyways, that information
3:35:55
will come to the court and what will you percentage?
3:35:59
Now, we have any Mr. Olson. Anything further today from the
3:36:02
prosecutor's office? There are well actually, you're
3:36:06
right. I would believe, maybe a,
3:36:08
perhaps an alcohol or substance assessment.
3:36:10
Maybe appropriate in this case. One private.
3:36:14
Has done a trust group and has been on bonding colors at that
3:36:17
helps out of course decision on that I'll be I'll be fine with
3:36:22
you provide. You so kind of assessment that
3:36:24
tells me what's going on there. Absolutely, right.
3:36:27
Thank you. And then he also Mr. Olson.
3:36:29
No, thank you. All right, thank you and missing
3:36:33
anything else. Just giving your statements
3:36:34
today on. I'm not sure if it's going to be
3:36:36
helpful at all to the court and determining a sentence from Mr.
3:36:38
Thomas. He doesn't know his history.
3:36:39
We did have that sleep study set up.
3:36:42
It's not artifacts and just be careful how you like for us.
3:36:48
It's not scheduled until first careful how you presented to me
3:36:53
and not going to tell you what to do or don't do just don't
3:36:56
make it look like it's a defense.
3:36:57
If it's a defense. I'm gonna have issues
3:37:00
understand, right? I guess I was trying to ask us,
3:37:02
would you mind see? After we received that study.
3:37:05
I know that the long time it would be like well soon probably
3:37:10
that's a long time. So I just want to make sure the
3:37:11
court was aware of that. We could try to get it in
3:37:13
earlier. He does have students one.
3:37:17
I know I've got A vacation in the middle.
3:37:21
I've got two. So I have no idea how far
3:37:25
typically sentences are five four to five weeks out.
3:37:29
So I don't really know what my staff will do.
3:37:34
Let's see what Nicole puts on a piece of paper.
3:37:36
Okay, and then if there's any requests and you want to adjourn
3:37:40
it you can you can request that. You can even do a stipulation if
3:37:44
the prosperous office agrees. And so forth.
3:37:49
Thank you. All right.
3:37:50
Thank you. Any I'm sorry, Mr. Olson.
3:37:52
I forgot to ask you one question any objection objections of the
3:37:55
continuation of Bob know? Yeah, thank you.
3:37:58
Thank you Mr. Thomas your bond conditions remain in effect.
3:38:03
Now one of the things you definitely do not want to do
3:38:06
don't take this as any offense because I don't know you.
3:38:10
You don't want to violate your conditions of bomb and you don't
3:38:13
want to come in and he criminal conduct right because I
3:38:16
guarantee you. That will be weigh heavily but
3:38:20
we're not going to talk negatively.
3:38:22
We're going to talk positively All right, thank you very much,
3:38:25
Miss Anderson. Thank you very much for being
3:38:27
here. Today, we are adjourned.
3:38:30
Thank you. Thank you.
3:38:33
Thank you. Thank you.
3:38:35
So it's rare that at least here on TCF that I've seen a judge
3:38:39
issue, a warning when it comes to, how you're going to defend
3:38:44
your client. His flat says, don't use the
3:38:47
sleep study defense. I don't know why.
3:38:53
Men. And quite honestly, there's
3:38:55
women that do it, too. How, how they get into this
3:38:58
crime if that's what you're seeking.
3:39:00
It's just not that hard to find. It just doesn't I don't know.
3:39:07
But, you know, we could beat that horse to a bloody pulp.
3:39:09
There's no need, let's move on and let's move on to the thing
3:39:13
of all been waiting for because they were not live last Friday.
3:39:16
The 13th when they should have been, that was sad. but let's go
3:39:21
to our favorite place, our Friday guilty, pleasure, the
3:39:24
place where the carpet is The Shining Crimson copyright.
3:39:31
The chair of Eternal Doom, the accent lighting, upon the walls,
3:39:35
the screams of babies in the background.
3:39:37
The Souls of the Dead. Occupying.
3:39:40
The room, clearly. The lighting hanging over the
3:39:45
tables that screams Soviet era. For some reason, great granny
3:39:51
always wants to like use those for swinging.
3:39:54
I'm not sure what's up with that.
3:39:57
But ladies and gentlemen, I give you dungeon Court.
3:40:37
Well, he calls us out. I did forget Lindsay, thank you
3:40:40
for placing an order over at court.
3:40:42
Files.com. I see you got the poster and he
3:40:45
got yourself an Under Armour hat.
3:40:47
Very cool. Thank you so much.
3:40:50
All right, let's get this community service done.
3:40:53
Give me a date when you're going to be out.
3:40:56
Can I do it? Friday.
3:41:03
Now we from today. Um yeah.
3:41:05
I can try to do it tomorrow, tomorrow's better.
3:41:08
Okay, here's more at 7:30. April 24th is your next turn.
3:41:20
That's a problem. Thank you.
3:41:35
Tiffany Brooks. 25177. And I'm still positive for THC.
3:42:05
Yeah, my mother started in that. Correct.
3:42:09
Yes sir. And you're working off your
3:42:16
fans. I thought.
3:42:20
I'd finished all that. Um, I'm sure I'm still 130
3:42:24
dollars. I can pay it today.
3:42:27
Okay. See the Clark thing to make a
3:42:30
payment and continue with your counseling.
3:42:35
And I'll set your next tearing. This is a new case, I'm going to
3:42:39
make for you your money RS. About me, she has another case
3:42:44
series. For this one, I'll say your next
3:42:51
turn for May 1st. We'll try to get him together.
3:42:56
That's possible. So see the car to make your
3:42:59
payment. Tanner calls. 26 12.
3:43:13
He's doing well, you're honors. We plant with all program, Rick,
3:43:16
Renditions. Okay.
3:43:21
Your average looking for a job with a, he's not there yet.
3:43:31
And he's still, he's impatient. Yes, your honor.
3:43:33
All right, so we've been waiting on the other stuff, bonds and
3:43:37
community service. At some point.
3:43:38
If you can do some new service to come in here, that would be
3:43:42
good. We'll get him on the schedule to
3:43:45
smile. Okay, let's go.
3:43:52
Go, thank you. Investment.
3:44:29
Looking for a job and housing. So very impact.
3:44:34
You know, if I make this game and was ordered on February 20th
3:44:38
to add some of the community service to them for the next
3:44:41
championship. Okay, tell me about that.
3:44:43
Can you get out here and now, that's what I'm doing. so, you
3:44:54
if you all here to Service. And yes we probably could I was
3:45:01
good. Night.
3:45:06
Write down. All right.
3:45:08
Thank you. Okay.
3:45:13
Her next year. Fun.
3:45:38
You have anything you can stay on your fine today.
3:45:40
Yeah, go get pick it up. And come back and pay on it.
3:45:44
Okay, so we'll pay it all off. Gonna pay the whole thing.
3:45:48
Yep, 275 yes, sir. Yeah.
3:45:50
So today too. Yes, sir.
3:45:54
Okay, I'm gonna set this with Mr. Major for a follow-up review
3:46:02
rather than with me or suspension so, let's set it for
3:46:09
Anyways, April 29th, April 29th. So, see the parking service.
3:46:27
All right, thank you. Eric Williams, Stephen Wolfe.
3:46:53
I want to. Mark on McKenzie 256.99.
3:47:09
McKenzie's not here and he has done.
3:47:14
He's finally have been Ada service will be a benchmark.
3:47:19
This supposed to be a cardinal also at divorce treatment.
3:47:25
They're not here to give me a report and he's not here either.
3:47:27
So you've got a warranty here. And I'm limor 20 to 327, I don't
3:47:35
know. O, b.
3:47:38
R. Yes.
3:47:51
Ashley Charro. 26161. Jimmy Sparks, 2635 is in.
3:48:11
custody of being, A report from hometown.
3:49:28
okay, so there was an accident where the allegation is that you
3:49:33
shoplifted at Speedway while you were At the selling out on some
3:49:37
sort of project or something. Yeah, they stopped at Speedway.
3:49:40
And he went in and shoplifted. The associate didn't catch him,
3:49:44
but he was caught by a staff member when he came out.
3:49:47
But we're still working. All right, so how are you
3:49:58
willing to keep him to work with him?
3:50:02
I have your letter. You wrote me away.
3:50:33
Like, what happened? you know, anything about that
3:50:38
and I, Have my own RV. That's what you told me.
3:50:44
We didn't make him turn take it back in.
3:50:47
This is the second time doing this, wouldn't be here, either
3:50:51
in trouble putting in custody last time, the same thing.
3:50:53
Okay. well, I mean It's very disappointing.
3:51:05
I mean the year have done pretty well and getting clean, but you
3:51:09
gotta change your old behaviors too.
3:51:11
I call the criminal mindset here.
3:51:15
People like you got to change your Colonial mindset, you can't
3:51:20
steal why she has a regular course of business, you know,
3:51:25
that's that's wrong and even if you're cleaning, it's still
3:51:28
wrong. So what I'm going to do, I'm
3:51:31
going to give you a weekend in jail.
3:51:32
So you need some consequences, you still wanting after the
3:51:36
weekend? Yeah, we can pick him up Monday.
3:51:41
Spend the weekend in jail. Discharged the hometowns, but
3:51:45
didn't enter. That fact, this charged back to
3:51:47
Hometown for treatment Monday, which will be the 23rd and I'll
3:51:53
set you next year. And I see you sooner because of
3:51:57
this, let's make it. April 10th.
3:52:09
See you back on April, the 10th where we see how things are
3:52:12
going on. Is it raining in the custody for
3:52:15
the weekend? Thank you.
3:52:30
Can make on your phone's. Music.
3:52:48
Okay, you can do if you want to work additional community
3:52:53
service. I like to do additional
3:52:55
community service and okay towards you get 50 dollars a day
3:52:58
for every six hours at work. You want to do that?
3:53:06
Yeah. Okay, you get 18 hours last time
3:53:11
frame. Just keep working and it'll get
3:53:14
it toward your fine. Now, I'll set your next hearing
3:53:17
for April 27th at 9 a.m. April 27th, 9 a.m. the last it's
3:53:25
Monday. Yeah, 8 April, 27 is the last
3:53:30
night Monday. In April, is your next turn on
3:53:32
clock? You compare by the phone number?
3:53:37
18. So he's keep working community
3:53:45
service, it'll get towards your farm now.
3:53:48
Okay, could you? So, 10 days of community service
3:54:12
for getting it done. Okay, any other questions sir?
3:54:20
No, okay, April 27th 9:00 next year.
3:54:26
Jason tackett's here. Case numbers are 1529.96 1742
3:54:33
goes to the completion. And large Canary recovery, so
3:54:38
that's good. We're about your clowns.
3:54:41
Are you pay anything on your phone?
3:54:42
Yeah 50. All right.
3:54:57
No, no. April 27th, that's a Monday
3:55:08
Thank you. Erica Williams Eric Williams is
3:55:27
not here 26.95. 25 635. Can you find out if What
3:55:57
happened with Erica Williams and this was working together to
3:56:00
impatience. All right, she left treatment,
3:56:02
or what happened? Erica Williams went on.
3:56:08
This will be in August South. Okay, so we'll recall that
3:56:17
covers. Stephen Wolfe 16 326 you just
3:56:26
have to pay off the clock. And you're working in the
3:56:31
community service to do that, right?
3:56:33
Yes. Okay.
3:56:34
All right, you've done. you do today toward your community
3:56:39
service. It looks like four days would
3:56:42
take care of what you got left. I'll set you for April 29th at 9
3:56:46
a.m. that's a Wednesday, and it'll be with Mr. Major, in the
3:56:52
probation office. So you won't be coming in on the
3:56:56
court day or come in midweek, April 29th, and you get a
3:57:00
finished before then, you know, I come in.
3:57:01
Yes sir, thank you. They will have recalls archery.
3:57:38
It doesn't matter. Working lights.
3:57:56
Okay. Let's put you on the 27th and
3:57:59
that's a Monday, April 27th. Be your next game at 9:00.
3:58:04
Okay, good job. Thank you.
3:58:08
Okay, they finished up the reviews.
3:58:11
We're going to call for Raymond's next.
3:58:13
If you think he had a review, go check in with the clerk and get
3:58:17
your name on the docket. You missed a hearing before
3:58:20
you're not going to be on the docket today.
3:58:23
So when your name is called come up to the table to your rights
3:58:26
with you, you don't have to agree with the charges but you
3:58:33
need to understand them. And you have right to have a
3:58:37
lawyer. You don't have to say anything,
3:58:38
you're having right to remain silent.
3:58:40
If you do make statements area, everything you say, is on the
3:58:44
record. So, it's something about your
3:58:47
case that can be using Instagram to have bail and to make it stay
3:58:55
warm. The charge you on a reasonable
3:58:57
doubt? You give up those rights.
3:58:59
I just exploring. If you are guilty or no contest,
3:59:02
please you shouldn't Arrow. Those please, if you're not
3:59:05
sure, that's what you want to do.
3:59:06
If you are unsure, what to do or you want to roll your or a
3:59:10
trial, definitely enter a not guilty for you.
3:59:13
Number two, RC 2646 and big. 100.
3:59:26
And are you Joey? Yeah, this whole hand.
3:59:33
It's alleged by the state that on March, the 16th at 1:32 a.m.
3:59:41
And Union Township, we were driving a vehicle.
3:59:43
Are you under the influence of alcohol test and tested 16 on
3:59:49
the graph test? This is the last week would be
3:59:53
your first conviction on our first defense, under Ohio law.
3:59:58
The maximum on the face is six oz.
4:00:19
and what that means is, if you cast eight or higher on a brass
4:00:32
task, and Is important and the end or the state has to show
4:00:37
compliance with the rules for giving the test.
4:00:40
There's a presumption that you're compared to test paid or
4:00:43
higher if you're saying the test of 16.
4:00:47
The other charge against you is driving outside your lane,
4:00:52
that's a minor misdemeanor. The maximum penalty for that
4:00:55
will come to develop on Do you understand these two charges?
4:00:59
Yes. You understand the rights are
4:01:01
yes, Connie. Wish to play these charts.
4:01:04
I would like to request a lawyer, if possible.
4:01:06
Okay. So we're gonna be for you.
4:01:09
You have a job? Yes, I have two.
4:01:12
What do you do a child protective services and Your
4:01:19
wings. Yes, I have my W-2.
4:01:23
About 60,000, okay. Court, schedule and see.
4:01:51
So, it's going to be an April. how about the 13th, so that
4:02:05
would That would be two weeks. I could go further.
4:02:11
You talk to me anymore time. Um, two weeks should be good.
4:02:14
Okay, so I'll say you next year, we have a pre-call I'm able to
4:02:19
13. You back here then at 10 a.m. in
4:02:22
the hospital because they've made arrangements for a
4:02:26
different day. Then you come they they tell
4:02:29
you. Well let me stop as soon as you
4:02:31
bomb and what that means is I'm glad you sign a piece of paper.
4:02:35
That's a promise that he comes a core and it says it might not
4:02:39
show up all have to pay up. And you don't work for this.
4:02:49
Kind of guilty plea for you and putting down, you are or you're
4:02:59
April 13th, 10:00 is your next year, in any questions?
4:03:03
Yes. Um, one of my jobs requires that
4:03:06
I drive to visit families and children in schools, is there
4:03:09
any way to do a work permit? Well, there is that there's a
4:03:13
hard suspension, you you really need to since you took the test
4:03:17
and tested over the person level and automatic license suspension
4:03:20
went into effect. So your lawyer would have to
4:03:24
file something with the court to get your driving program.
4:03:28
So that's something we need to address, okay?
4:03:31
Any other questions? Thank you, your honor.
4:03:39
Well, she needs fingerprinted. She's pretty jail to get
4:03:46
fingerprint. Was it just me or was the
4:03:52
printer unusually quiet for Dungeon Court.
4:03:55
Usually that thing is constantly running and overtaking
4:03:57
everything. I hope you all had fun today.
4:04:00
I know I did thank you to all of you not only for being here
4:04:04
obviously for being here but for your chatting your gifted
4:04:09
memberships your super chats Lindsay.
4:04:12
Thank you for picking up something from the store.
4:04:13
Just been a fun fun day so much fun that we'll do it again on
4:04:19
Monday 9 a.m. Eastern 6th episode.
4:04:20
I have an hour early. If you are a channel member, I
4:04:23
highly encourage you to become a channel member if you're not
4:04:25
already. It's a wapping 299 a month, but
4:04:28
it's totally worth it creams and Mikey Mikey from creating some
4:04:32
Mikey was in the chat here towards the end.
4:04:34
Hi Mikey do support their Channel if you don't already,
4:04:37
I'm sure most of you do but if you don't there is a link that
4:04:41
Barbara dropped so go pay them a visit as well.
4:04:44
Well have some more some more videos and stuff throughout the
4:04:48
weekend working on some things for the channel as well and look
4:04:51
forward to seeing y'all Monday go have yourself a good weekend.
4:04:54
Be careful. Have fun.
4:04:56
All that kind of thing. Take care of God bless.