Latest / The Courtroom Files / April 1 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #262

Transcript

April 1 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #262 · The Courtroom Files

0:00
Good morning, everybody. Happy Wednesday.
0:02
Welcome to TCF LIVE. My name is Dan.
0:04
I'll be with you for the next three hours of this journey
0:06
through Courtlandia. We will get it started with
0:08
Judge McNally. Come on.
0:15
I understand. We'll get it started with Judge
0:17
McNally just as learn it. Just as soon as I learned to do
0:20
2 things, speak and press buttons properly.
0:23
Let's try again. Good morning you.
0:26
Didn't make the on the on the 2:00 PM blows.
0:30
He's telling me he thinks he just fell asleep.
0:32
Missed those on the 2:00 AM blows.
0:36
He was at work. He provided the four O clock
0:40
specimen. Provided a noon specimen and
0:43
from his memory. He thinks he might have been.
0:45
Laid on one of them, but that that that's, that's his
0:49
recollection. All right, we we talked about
0:52
this. It's sobriety work this morning
0:54
a little bit. The probation officer was here
0:57
and as I, my understanding was it was just not submitting the
1:01
timely blows. I'm going to go ahead and take
1:04
it the plea as though that was the the case.
1:07
If you plead guilty here, this would be for technical
1:10
violations. You could have your probation
1:13
revoked and you could be incarcerated for up to 93 days.
1:18
Do you understand that? Yep.
1:20
All right and did you sign read and understand the advice of
1:24
rights you plead guilty, you'll be giving up all those rights
1:28
and there will not be a hearing or a trial.
1:30
Do you understand that? OK, your name, please.
1:35
First one today for her right. All right.
1:38
So my understanding is he just submitted he, he, he didn't blow
1:44
into these timely, right? Correct.
1:48
So the first two counts one and two that are listed, he did
1:52
lowly. So they were I believe 40
1:55
minutes late and 48 minutes late.
1:58
Counts 3 and 4. He did not make up those.
2:00
Flows. All right, So do you understand
2:02
all the charges here? Yes, Sir.
2:04
All right. So I'm going to ask you, can you
2:06
understand if you plead guilty, you're giving up all, all of
2:08
these rights on the advisor rights.
2:10
True. All right, Mr. Sparrow, I do
2:15
have a new appearance from you. Do I now?
2:16
I will. I will get you one.
2:18
I I did not follow. OK, I'm going to need I'm going
2:20
to need you to do that here. Would you hand him one then,
2:23
Sadie. All right.
2:24
To the charge that you failed to blow into your sober link on
2:27
March the 19th at 8:00 PM. How do you plead?
2:33
Did you fail to blow into your sober link on March 19th?
2:35
At 8:00 PM. Yes, Count 2 that you failed to
2:39
blow into your sober link on March the 21st at 8:00 PM.
2:42
How do you plead you failed to do that?
2:45
Count 3 that you failed to blow in your silver link on March
2:48
23rd at 8:00 AM. How do you plead Count 4 that
2:52
you failed to blow in your silver link at 8:00 AM on March
2:55
the 24? How do you plead All right, And
3:04
did you feel the blow in your sober link at 8:00 AM on March
3:09
the 23rd? Is that it's 8:00 AM on March
3:11
the 24? No.
3:16
I'm asking, did you fail to do that?
3:19
Yes. All right.
3:20
And then you did not blow into the sober link on the 19th at
3:24
8:00 or the 21st at 8:00 PM correct?
3:27
Correct. All right, anybody forced to
3:31
plead guilty? No, Sir, pleaser is accepted to
3:34
those 4 counts. OK.
3:42
Did he blow into the sober link on the 23rd at all?
3:46
He did, yeah. How?
3:47
How much longer after 8:00 AM? He did it and then and the.
3:52
So the four hours later was the noon.
3:54
How about on the 24th? Same with.
3:57
That noon All right, anything you're speaking with Mr. Wilson,
4:03
David, he has throughout this process, he's changed his work
4:09
schedule that that is an adjustment on his last on the PM
4:13
blows. I think he just, I, I, I think
4:16
he just fell asleep early. That being said.
4:19
He's taking some state of guards.
4:21
He he now has his phone alarm set for the different 5 minutes
4:25
before each blow of the day. He's now using a smart watch
4:28
which will vibrate, which he wasn't using before when he has
4:30
the kids at work. He's also got the Alexa set on
4:33
his house to where it'll tell him that it's you know 755 or
4:38
you know 355. That being said.
4:41
Oh and and one of these also one of the 8 PMS he provided a urine
4:47
sample of this morning as part of his drug reps You're on.
4:53
If this was a situation where I don't disagree.
4:55
If if this was a situation where I think he was trying to gain
4:59
the system. And he drank.
5:00
I would have much different argument.
5:02
I got it all right. I would ask you to continue to
5:05
lock anything. Value I mean that.
5:09
I messed up. I wasn't trying to pizza.
5:13
Quarter or anything? Just no, you just have to be a
5:15
little bit more diligent, OK, 4 hours community service by April
5:19
21 and $50 a cost you can pay that by April 29.
5:23
OK. All right.
5:26
Thank you so much, very much. All right, So this was the
5:30
beginning of your career there, Miss Raptis?
5:33
Yeah. All right.
5:34
Thank you. Real quick, Ashley was today the
5:39
day that the the couple in Ingham County, Michigan that was
5:43
in front of magistrate God sees today the day they were supposed
5:46
to be in front of Judge Hillman. Let me know please. 267841057
5:57
Your name Justin. Where were you?
6:04
I was at the. Wrong floor I have I have a
6:06
ticket in Canton for an overweight ticket.
6:09
For. The Warcraft and I went to turn
6:12
off after Canton thought that that was where I needed to be
6:16
and I by the time I got back here.
6:18
It was already too late and missed them right?
6:23
I don't remember. Did did you have a lawyer before
6:26
or did you waive your right to a lawyer?
6:28
This is an anti blight case. Yeah, This is the one you
6:31
recommended that I talk to the prosecutor that.
6:33
Why? I mean, if you want a lawyer,
6:35
I'm going to give you a lawyer. Yeah, I need, I need to tell the
6:38
prosecutor. OK.
6:39
But listen, I'm talking about a defense lawyer.
6:43
Do you do you want a defense lawyer to represent?
6:47
You. He waved.
6:48
He waved an attorney last time, judge.
6:51
OK, so if you want a lawyer, I'll still give you 1.
6:54
If not, I'll just send you to the prosecutor to talk about
6:56
this. Yeah.
7:00
OK, so you you don't want a lawyer.
7:03
I'm not trying to confuse you. I'm just asking.
7:12
Tell you what, I'll send you to the prosecutor if you if you
7:16
change your mind between now and the time he comes and gets you.
7:18
Just come on back in and I'll give you a lawyer.
7:21
OK. All right.
7:22
Thank you. That's Eli, isn't it?
7:26
How you doing? I've been wondering when you
7:29
were coming in. You got.
7:30
You don't need to come in the back with us.
7:34
I'm just saying when you're coming in here, you, you're
7:37
fine. All right.
7:38
Vijaygas. Andriana Giselle Vijaygas 26 W
7:44
84-O321. Good morning, Miss Aycock.
7:47
Your name. Good morning, Your Honor.
7:50
Leslie Aycock, On behalf of the defendant, Miss Bugas, who's
7:53
present to my right, can you please state your name for the
7:54
court this morning? Adriana Villegas.
7:57
All right, so you met with the prosecutor.
7:59
He the the prosecutor is going to dismiss the Super drunk
8:02
charge and your client is going to plead to operating while
8:06
impaired. True.
8:08
Correct, your Honor. Is that what you want to do,
8:10
ma'am? Yes, your Honor.
8:13
If you plead guilty to that charge, the possible penalties
8:16
are up to 300 fines, 93 days jail, 360 hours community
8:20
service, court costs. Of all those four points, your
8:23
license will be suspended or revoked in accordance with your
8:26
record. Your vehicle could be or might
8:28
have to be immobilized, depending upon your record.
8:31
You understand that? Yes, your Honor.
8:34
You are presumed innocent. They have to prove you're guilty
8:37
beyond a reasonable doubt. You have the right to remain
8:39
silent. You don't have to testify at a
8:42
trial. If you choose not to testify, if
8:44
it goes to trial, that silence would not be held against you.
8:48
You can testify at a trial if you so choose.
8:50
You do have the right at a trial to question their witnesses, to
8:54
use the subpoena powers the court to bring in your own
8:56
witnesses. Do you understand that?
8:59
Yes, your Honor. By pleading guilty here, though,
9:02
you're waiving your right to a trial of any kind, jury or
9:05
judge. Do you understand that?
9:07
Yes, your Honor. All right to the charge of
9:10
operating will visibly impaired. How do you plead?
9:14
Guilty. Were you operating a motor
9:16
vehicle in the city of Woodhaven on Westerner Ford Lane in
9:19
Woodhaven at 2:50 in the morning on January 10 of 26?
9:24
Yes, your Honor. Did you drink alcohol prior to
9:26
that and if So, what did you drink and how much?
9:30
Yes, I did, and I had two beers, one Margarita and two shots.
9:37
Two shots of what? Tequila.
9:40
All right. And was your ability to operate
9:43
the motor vehicle impaired due to the consumption of that
9:45
alcohol, and if so, in what way? Yes, your Honor, in I and the
9:56
way that I hit a curb on the way out and then it caused my car to
10:01
break down. You think you did that at least
10:06
in part because of your alcohol consumption.
10:09
Yes. Mr. Ecock, this was Was this a
10:15
blood draw or an intoxilizer? Intoxilizer, Your Honor.
10:19
You stipulate that the results of old .175 were accurate.
10:24
Yes, we stipulate. Are you on probation or parole
10:27
right now, Miss Bejagus? No, Your Honor.
10:31
Anybody force you to plead guilty?
10:33
No. I'm going to accept your guilty
10:36
plea to operating while impaired.
10:38
I'm going to go ahead and dismiss the Super drunk.
10:41
I'm going to refer you for a screening and assessment.
10:44
You're going to be screened and assessed today.
10:45
So I'm going to ask you to come to the courthouse.
10:48
You go to probation, you'll fill out a question and you'll be
10:51
interviewed, and then you'll come back for sentencing.
10:53
OK. OK.
10:55
All right, so let's pick out a second state.
10:57
Heather, what do you have for me?
10:59
Any interest in Cortex School on April 30th?
11:04
Where's that one at? Charter High School.
11:08
I'm. Sorry, I'm going to be in Wayne
11:10
County Circuit Court in front of Judge Wanda Evans that morning.
11:13
I would not be available. What time is that at?
11:16
9:00 AM me. Yeah.
11:19
From. 9:00 AM. That's court, that's court of
11:23
school time. So we could do April 15th at
11:27
8:30, April 15th at 8:30, OK. Yes, as long as the courts.
11:35
I do have a felony a circuit. Court Zoom hearing at. 9 So I
11:39
might kind of be bouncing back and forth.
11:42
Yeah, let's just set another day.
11:43
I don't need this to be on a Woodhaven Docket day, Heather.
11:46
Why don't we set it on a Monday? There's no restitution.
11:51
So you want to do the April 20th, that's a landlord Tenant
11:57
Day, but you want to put it in on that day or the 13th at 8:30.
12:01
What's your choice? I'm not available the 13th, the
12:05
20th I'm I'm open in the morning.
12:08
You are open. On the 20th, correct?
12:10
April 20th at 8:30 OK. Thank you, Your honor.
12:14
And you come on up here now, ma'am.
12:16
OK. Good luck to you.
12:17
Thank you. Thank you.
12:21
Hurtado, Evan standing. Hurtado file #26W841254-A Your
12:30
appearance Good morning, honor. Greg Boulahanis P36431-ON behalf
12:37
of Evan Hurtado, Mr. Hurtado, your name, Sir.
12:42
Yes, Sir. Evan Hurtado all.
12:44
Right. So this is going to be a plea.
12:46
I'm sorry. You pled your client, pled
12:47
guilty to operating while impurity was referred for a
12:51
screening and assessment. Have you had a chance to review
12:54
review the report with him? And are there any material
12:56
additions, corrections or deletions?
12:58
Yes, I have. And there's no material
13:00
additions, corrections or deletions.
13:02
Just very brief elocution. Sure, go ahead.
13:06
Yeah, I know. I just want to make the court
13:08
aware that Mister Hurtado is working full time.
13:12
He's employed full time and he's also attending school for global
13:19
chain management. And so he's, he's been pretty
13:26
busy. He's, he's already done a as a
13:31
proactive measure before the sentencing.
13:35
He's done a alcohol drug awareness class to get ahead of,
13:42
to help get ahead of this. So they ask the court to adopt
13:45
the recommendation of the court probation.
13:57
Anything you'd like to say, Mr. Hurtado?
14:01
No, Your Honor. Why do I get the feeling when I
14:05
read this report that you're underachieving?
14:08
Maybe it's just me. You went to U of D Jesuit and
14:12
you graduated, right? Yes, your Honor.
14:17
And you've gotten yourself in trouble now twice in a very
14:20
short period of time. And MDOP 1000 or more, but less
14:23
than 20, right? Yes, Your Honor, that's a
14:29
felony. You're on height of probation
14:31
for that. And then you're in there and
14:34
you're driving drunk and you got alcohol in the car and you got
14:38
tobacco in the car, and you're only 20 years old.
14:43
It's time to kind of grow up here, young man.
14:46
Look at me, please. I'm dead serious about what I'm
14:50
telling you. You can't be doing this.
15:01
You you don't want to ruin your life before you get started
15:04
here. 12 months probation. You cannot leave the state
15:09
without the consent of the court or violate any law or ordinance.
15:12
If you change your address, place of employment or home
15:15
telephone number, you must notify probation.
15:18
You have to report as direct. No alcohol, no marijuana, no
15:25
illegal controlled substances. You're not the purchase
15:27
possessor. Consume any one of those.
15:30
I'm a little I'm not going to make the testing just monthly.
15:34
I'm going to make it bi weekly for three months bi weekly for
15:37
three months, then monthly for three then on demand prayed and
15:50
poppy seed and CBD oils are prohibited.
15:52
Consuming food or other items contain those substances will be
15:55
deemed A violation. Did your first offense involve
15:59
alcohol or drugs in any form or fashion Sir?
16:02
Did your? First offense involve alcohol.
16:06
Yes, your honor, I'm. Going to order outpatient
16:09
substance abuse treatment here. He scored in category four.
16:13
I want you to. And have you shown your lawyer?
16:16
Well, yeah, I'm not going to. I want you to go to a A twice a
16:20
week in person until you're in outpatient treatment.
16:23
So you go to outpatient treatment A A twice a week, he's
16:27
going to hand you a form. I want you to go in person.
16:29
Every time you go, you have to have the form signed.
16:32
Every time you come to court, you have to bring the form with
16:35
you. When I'm talking about that, I
16:36
mean probation or otherwise. Once you get in outpatient, you
16:41
no longer have to attend a, a Iranian.
16:44
Do you understand that? Yes, Sir.
16:46
Honor, I'm also going to order that you go to the Victims
16:48
Impact Panel. That's one night put on by
16:51
Mothers Against Drunk Drivers. I'm in order that you pay fines
16:54
of 300, cost of two 5075 victims rights fee $50, justice
17:00
assessment. So fines and costs here amount
17:03
to 675. Screening fees 60 for 735.
17:06
Probation fees are 240 for 975. Cost of recovery Cost of
17:11
recovery is 150 for a total of 1000, $125.00 I'm also going to
17:19
order that you serve five days jail.
17:22
I'll give you credit for one. I'm going to have you serve the
17:24
other four on the court work program, $140.00 For that $35 a
17:31
day, your total there are amounts to $12165.
17:36
You may be eligible for early discharge if you are compliant
17:40
with no prior violations within the preceding 90 days.
17:45
After six months, you can come in here and you can file a
17:50
petition for early discharge. Listen, I, I mean what I'm
17:54
telling him, not trying to make you feel bad.
17:56
You have to get your life in order here.
17:58
You're driving around. I mean, you drove into a ditch,
18:01
you're on felony probation, you got alcohol in the car, and
18:04
you're not even able to legally drink yet.
18:07
Come on, don't do this to yourself.
18:11
You have 21 days to appeal, 14 days to apply for a court
18:14
appointed lawyer for purposes of appeal if you cannot afford one.
18:17
Do you understand that? All right, Mr. Boulahanis, does
18:21
he have all of this to pay? Yes, he can pay that.
18:26
He can pay the 1265 today, Your Honor.
18:29
And in addition, I was going to ask, may he come up to the court
18:32
to talk to the probation today? That would be great.
18:35
That would be great. So come on up, make your payment
18:37
and then you'll go to probation. They'll they'll instruct you OK
18:40
and provide you with a copy of the order.
18:43
Come on. Do better than this year.
18:44
I know you can. Good luck.
18:46
Thank you. Thanks.
18:47
Do. I have Jonathan Hubbard here.
18:53
Jonathan Hubbard here. Do I have 123 towing and and
18:57
recover? Come on up here, Sir, 268841854
19:03
and I'm going to ask you to call in Mr. McDermott.
19:05
As soon as I get yours I will call that.
19:10
Your name? Michael Shane Chen.
19:13
E Tell me you didn't drive here from Houghton Lake.
19:16
Excuse me? You didn't drive here from
19:19
Houghton Lake, did you? Well, when I worked downstate,
19:23
I'm in the area. I can't let you.
19:26
This is a corporation, right? Yes.
19:29
I can't let you appear on behalf of the corporation.
19:31
I'm sorry. I just can't do it.
19:33
It's not my rule. I just can't do it.
19:36
You're going to have to hire a lawyer.
19:37
I'll give you an adjournment, but I cannot allow you to appear
19:41
on behalf of the corporation. OK, I'm sorry.
19:43
Not my rule. All right, so I will, I will
19:47
adjourn this. Oh, wait a minute.
19:49
We issued a we issued a show cause against you for failure to
19:52
appear and defend the corporation.
19:53
This is actually going to be a a show cause.
19:56
Why haven't you shown up? Because once I got backed up to
20:00
hold my leg, I work down here to the least.
20:04
Then I go back and I stay did. You call the court and say, can
20:08
I adjourn it? No, because I didn't know that
20:12
the the letter pain was available.
20:18
Can you spell your name for me? Cheney, Michael.
20:24
MICHAE, GAIL. And you are the president of the
20:28
corporation. Yes, I'm the owner.
20:32
But this is a corporation, right?
20:34
Right. What was the LLC business?
20:36
I understand. So listen, what I'm going to do
20:39
is I'll adjourn this, but you need to hire a lawyer.
20:41
I'm not trying to make lawyers money, but I can't let somebody
20:44
appear on behalf of a corporation except a lawyer.
20:46
OK, All right. So I'll is 2 weeks enough time
20:51
to give you to go get a lawyer? Yes.
20:54
We have April 15th, right, Heather?
20:56
That's. Correct.
20:58
You want me to make it a little later in the morning for you?
21:01
Yes. How about 10:30?
21:03
Is that good enough? It's M30.
21:05
So you hire that lawyer, we will give you a notice down the hall.
21:14
OK. Can you call me the prosecutor
21:16
for me, please? Sadie 249.
21:19
And you're all set. All right.
21:22
Thank you. All right.
21:22
Good luck. Pause real quick in the action.
21:30
I'm using pause a lot lately, but maybe that's a good thing.
21:33
We've seen this a couple of times in Judge Mcnally's court
21:36
now where somebody shows up to represent themselves as as it
21:42
pertains to their LLC or corporation.
21:44
So I looked this up. In Michigan, a corporation or an
21:48
LLC must be represented by a licensed attorney in most
21:51
courts, district, or circuit even if the owner is the sole
21:56
member. Non lawyer owners officers
21:59
cannot represent a corporate entity as this is considered
22:02
unauthorized practice of law and it is actually MCL 450.681.
22:09
It shall be unlawful for any corporation or voluntary
22:12
association to practice law or appear as attorney at law for
22:16
any person other than itself in any court in this state or
22:20
before any judicial body. So that sounds to me like a law
22:25
that was written by the lawyers to make sure they had more
22:27
business. But yeah, even if it's an LLC
22:30
and you are the only member of that LLC, you cannot represent
22:33
yourself in the state of Michigan.
22:35
Back to it. Judge, we also do have one in
22:41
Calhoun County Jail. Who's representing the Who's
22:45
representing him? Mr. Crawford, he's already on.
22:49
That with. Him.
22:50
He's on Zoom here also. OK, let's take this real quick.
22:53
Derek Schultz. Derek Michael Schultz.
22:56
I have 268841842 AB and C. I'm going to need Mr. Urich in
23:06
about 10 minutes. Lieutenant.
23:07
OK, where is Mr. Crawford? Mr. Crawford, your appearance.
23:17
Mr. Crawford, your appearance, Sir.
23:24
Shows that he's out here. You have Mcdermott's file, Mr.
23:30
McDermott? Sure we'd.
23:34
Be gone? Was it a file?
23:36
Mr. McDermott, what case do you have, Sir?
23:39
A Dylan Jacob Barden Judge What? Prosecutor.
23:43
Is that? Did you talk to the prosecutor?
23:45
Already. Yeah, we just.
23:47
Need an adjournment so my client can take a driving class.
23:51
I don't know why they keep sending me that nonsense.
23:56
I'm going to call him in on that too.
24:08
I don't either, but I'd like to get this gentleman out of the
24:13
county here. He just poked his head in there
24:21
for about 7 seconds and. He got it, I don't.
24:26
Know Dylan Jacob Bardon, 267841449-A and BI Know Sean
24:32
McDermott, half of Mr. Bardon. Judge, I have spoken to the
24:36
professor Mr. Urich, your name? William Urich.
24:40
I have the city of Woodhaven. What do you want?
24:46
A traffic. What?
24:47
I don't want to do these classes.
24:49
He's going 38 into 25, right? Well, the issue was your honor,
24:54
and I apologize. For leaving my.
24:56
Cold that's OK the issue was your honor that he blew a number
25:03
of stop signs before the officer finally cited.
25:06
We really need you know these traffic classes.
25:09
I'm sorry. I just, I do we need a traffic
25:14
class to tell us that we're not supposed to run through stop
25:16
sunnies. I mean, what, what, what, what
25:20
planet would you have to be on to to have to go to a Traffic
25:24
Safety school to know that you don't run stops?
25:28
I just don't believe in these classes.
25:30
I'm sorry. If you want to play a harder
25:34
role, that's up to you. You, you guys would I I don't
25:36
want to journey these out and have these guys go do me set up
25:40
for a formal then, your honor, it would serve the same purpose.
25:43
How long is it going to take him to get through the class inside?
25:46
30 days, Judge. Why is he?
25:48
Why is he? So the issue.
25:50
Is the young man, who is a young man, had a hazardous action on
25:53
the moped? Where's he at?
25:55
Where's he at? I think it would be nice for him
25:58
to be here next time I can have him, but I'd like to talk to
26:03
him. If he's going to drive like
26:04
this, maybe he needs to push the car.
26:06
So I'll go ahead and I'll go ahead and adjourn it.
26:09
Thank you, Josh. For four weeks, But that's it,
26:12
though. OK.
26:12
And I really want your client on Zoom next time, Mr. McDermott.
26:16
OK, He'll be there, Judge. All right, adjourn it to the
26:19
29th. Is that going to give everybody
26:21
enough time? Yes, Coach.
26:23
I just don't want Mr. Urich. We'll do it at 9:00.
26:30
OK. April 29th.
26:32
I just really don't want to do these class things.
26:34
OK, I I really don't in the future.
26:36
All right, understand. OK, So I'll make this one April
26:39
29th. Thank you.
26:40
People against Schultz, Derek Michael Schultz, 268841842A and
26:45
B&C. Mr. Crawford, your appearance.
26:48
Good morning, Your honor. Michael Crawford, representing
26:51
Mr. Schultz. Mr. Schultz, please state your
26:52
name for the record. Derek Michael Schultz I have a
26:56
possession of a controlled substance charge.
27:00
I have a possession of drug paraphernalia and.
27:03
I have. A retail fraud charge, as I
27:06
understand. First of all, does he stand mute
27:08
and wave formal reading on those?
27:10
Yes, your Honor. All right, So I'll enter Inact
27:14
guilty please form. Now as I understand he's going
27:16
to plead guilty to possession of drug paraphernalia and and
27:22
attempted retail fraud. Is that true?
27:26
That's correct, Your Honor. All right, and Sir, state your
27:32
name again, nice and loud for me, please.
27:35
Derek. Schultz All right, so if you
27:38
plead guilty, did you hear what your lawyer said?
27:41
Yes, Your Honor, if you plead guilty to a drug paraphernalia
27:45
possession, the possible penalties are up to 500 fines,
27:49
90 days jail costs are all those.
27:51
If you plead guilty to attempted retail fraud, the possible
27:54
penalties are up to 250 fines, 45 days jail plus costs or all
27:59
of those penalties. Do you understand that?
28:02
Yes, Yes, Your Honor. And if you plead guilty to those
28:05
two charges, I'm going to go ahead and dismiss the retail
28:09
fraud charge on motion of the prosecutor.
28:12
And I'm all and I'm also going to dismiss the possession of a
28:16
controlled substance on motion of the of the prosecutor if you
28:20
understand them. Yes, your Honor.
28:22
Now you are presumed innocent. They have to prove you're guilty
28:25
beyond a reasonable doubt. You have the right to remain
28:27
silent. You have the right to trial by
28:29
court or jury. You have the right to question
28:32
their witnesses, to bring in your own, to use the subpoena
28:35
powers the court to bring in those witnesses.
28:39
Mr. Crawford, are you, what are you doing?
28:42
Are you on? Are you on something else?
28:46
No, you're on it. I thought you were talking to
28:50
somebody I didn't know. I'm looking at a file while
28:52
while I'm listening to you, your honor.
28:53
OK. If you plead guilty, you're
28:56
you're going to be giving up all those rights and we're not going
28:58
to have a hearing or a trial. Do you understand me?
29:01
Yes, your Honor. You understand you're waving
29:03
your right to a trial by pleading guilty.
29:05
You're waving the presumption of innocence.
29:06
You're waiving the requirement that they prove you're guilty
29:08
beyond the doubt. Do you understand them?
29:11
Yes, your Honor. To the charge of possession of
29:15
drug periphery, how do you plead?
29:18
Guilty, Your Honor. Did the charge attempted retail
29:20
fraud? How do you plead?
29:22
Guilty, Your Honor. Were you in the Home Depot store
29:30
on Allen Rd. in the city of Woodhaven on February 3 of 26 at
29:34
8:13 PM? Yes.
29:37
Yes, your Honor. And were you in possession of
29:39
drug paraphernalia? And if So, what were you in
29:41
possession of and what did you use that paraphernalia for?
29:46
Yes, your honor, it was a water pipe for LSD.
29:50
All right. And and did you committed the
29:52
offense of retail fraud? Yes, your Honor.
29:56
So I'll ask you again to the charge retail fraud, how do you
29:59
plead? Guilty, Your Honor.
30:02
Did you attempt to take property or did you take property that
30:04
was offered for sale without paying for it, the intent to
30:08
permanently deprive the owner, Home Depot, of that property?
30:12
Yes, Your Honor, what did you take?
30:16
I didn't take nothing, but I was going to take a some.
30:20
Drill bits. Some what?
30:22
Drill bits. Yeah, but I didn't take them.
30:27
Well, you must have taken something or not.
30:29
You didn't. You didn't put those in your
30:31
pocket or conceal those initially in any way?
30:36
Yes. Yes, Your Honor, I did.
30:37
You didn't get past the point. Hang on, slow down.
30:40
But you didn't get past the toy. Where did you put those?
30:45
In my pocket, Sir. All right.
30:47
And then, but you didn't get passed the register, I think is
30:49
what you're telling me, correct? Correct.
30:52
Yeah, Yeah, correct. Your Honor, somebody apprehended
30:55
you in the store before you got passed the register.
30:59
Yes, your Honor. But at the time that you put
31:01
those items in your pocket, did you intend to deprive Myers of
31:05
the, I'm sorry, Home Depot of that property?
31:08
Yes, your Honor. Right now, are you on probation
31:11
or parole? No, Your Honor.
31:15
Anybody force you to plead guilty or promise you anything
31:17
to induce you to plead guilty other than a dismissal of the
31:22
controlled substance charge and retail fraud charge?
31:26
No, Your Honor. OK, I'm going to find the pleas
31:28
have been made voluntarily and understandingly.
31:30
I'm accepting the plea to attempted retail fraud and drug
31:34
paraphernalia. I'm dismissing the retail fraud
31:37
charge. I'm also dismissing on motion to
31:40
prosecute possession of a controlled substance.
31:42
Why? Why is he in custody and for how
31:44
long, Mr. Crawford? Your Honor, my client is in
31:47
custody for another drug possession charge.
31:53
Your Honor, it's pending. He's in the process of working
31:56
out a plea agreement there, but it's based upon getting things
32:00
at least resolved here. Your Honor, my, my client admits
32:03
he's got a drug problem. He's trying to get into drug
32:05
treatment and he's taking responsibility for that by
32:08
pleading guilty now. And to the other matter, he's
32:10
been in custody now already, your Honor, for.
32:12
For two months. That happened after this case or
32:18
before. Yes, yes, it.
32:20
Happened. It happened.
32:22
Before. This case, Your Honor, but the
32:23
warrant came out when I got picked up for this case.
32:27
They picked me up from Woodhaven.
32:29
Do you have do you live on Buff St.
32:31
New Haven? No, I live in Rochester now.
32:39
OK, Can you give me the address? 591 Lesperance Dr. You're going
32:46
to have to spell that. Hang on. 591 What?
32:53
Lesperance. LESPERANCE.
33:00
Lesperance Drive in Rochester Hills is it?
33:04
Yes Sir, 48307. What kind of a bond does he have
33:15
in that case? Mr. Crawford out of Calhoun.
33:19
You're on? I'm not exactly sure, Sir.
33:20
Could you state what your bond is?
33:23
25,000 Cash Cash. What would the court considers a
33:32
sentence to my client to the time served?
33:36
This is this is a bad, bad, bad, bad, bad record.
33:40
Well, he's, he's got a drug problem, your honor.
33:41
He's been played with it for some time and he's trying to get
33:44
it in order now, but he doesn't deny it.
33:48
Yeah, I've, I've never been. I do have a record.
33:50
It's from the past. Well, everything's from the
33:53
past. There's of course you're not
33:55
convicted of anything from the future yet, but you've got cases
33:58
dating back to O6. Yeah.
34:02
I'm trying to, You've had 20 years to get your act together
34:05
and you're not doing it. I, I recently, I went through a
34:09
divorce couple years ago and kind of fell off the deep end.
34:12
I'm not making well, You've been off the deep end as far as I can
34:14
tell, since 05:00 or 6. I mean, not many women are going
34:20
to want to stay with somebody that's constantly in prison or
34:23
jail. I mean, I, I mean, they're out
34:26
there. They'll still do with some of
34:28
them, but this record's bad. All right, Look, I don't want to
34:32
sentence them. I want to, I want to look at
34:34
this. I'm not going to order a presets
34:37
report. Let me think of what I'm going
34:43
to do here. One is Mr. Crawford here again.
34:51
Heather, are you here in two weeks?
34:54
I should be, God willing. He yeah, Judge, he is our
34:57
Woodhaven House counsel. I'm going to do sets date April
35:03
the 15th. You tell me what's best time for
35:06
them to put them before a camera if you know they seem to be they
35:11
I just notified them on Friday of the state because I was
35:14
notified he was in Calhoun County and they got him on
35:18
today. So they seem to be.
35:19
Pretty flexible. What's what time do you want it?
35:22
What time did you set this one? 8:30.
35:26
Well, let's do the same 8:30. Boy, you got to get your life in
35:41
order. You're only what, 38?
35:47
Pardon. 37 Your honor, I'll just let it go with that.
35:55
I would like to see Heather, if we can get something just
35:59
confirming is in custody on that and has been for whatever length
36:05
of time on that 25,000 cash bond.
36:07
But I'm not ordering a screening.
36:09
I'm not ordering a presets report.
36:13
Good luck. We'll see you back here.
36:15
Do you want to put? A bond on this one.
36:17
I forgot to do that. Thank you.
36:19
See, that's a good thing. Mr. Croft.
36:21
Will you surround yourself with smart people and then they can
36:24
correct your mistakes? Absolutely.
36:26
Good job, Heather. All right, I'm going to make it.
36:30
Thank you very much for remind. Reminding me, all right, I'm
36:36
just going to, I'm going to give you a personal bond, $5000.
36:40
Don't take that the wrong way. I'm probably just going to end
36:43
up giving him credit for time served.
36:45
It sounds like he's got a lot of other fish to fry here.
36:48
No alcohol or controlled substances.
36:53
Not to enter any Home Depot. Not to enter any Home Depot.
36:57
You cannot leave the state without the consent of the court
37:00
or violate a law. And Mr. Puritan Porter's direct
37:03
also again. So no alcohol, no illegal drugs,
37:08
no marijuana cannot leave the state, cannot violate a law,
37:12
must appear in Florida's directed.
37:13
You're not to go near Home Depot, any Home Depot.
37:17
Do you understand that? Yes, your Honor.
37:20
We'll send you in a couple weeks.
37:21
OK, Thank you. Let's call in this.
37:26
All right, apparently the pre cogs are offline this morning as
37:29
a few minutes ago Judge McNally confirmed there are no future
37:32
crimes being heard in his court this morning.
37:35
Good morning everybody. My name is Dan.
37:37
Welcome to TCF. Judging by the stats, there are
37:39
a few new people out there. Please do say good morning to us
37:42
in the chat. Let's change it up.
37:44
Let's go down to Florida. See what's going on with Wade
37:48
Mercer. Count of aggravated child abuse.
37:53
Miss Rich, there is probable cause for the charge.
37:57
I'm the judge that was asked to review the warrant and sign it.
38:00
Mr. Axon, I found probable cause, but I I felt like it was
38:04
very close to a regular child abuse, but I thought there was
38:09
enough for probable cause. I have no idea how the state
38:12
will choose to go forward with it when they get a chance to
38:15
review it. I also looked at your criminal
38:17
history, which had one prior battery that was dismissed.
38:20
That's the only thing I saw. So Mr. Axon, anything on behalf
38:24
of Miss Richard, you want to make sure I'm aware of John or
38:26
other than the her lack of criminal history?
38:28
She is also a Jackson County resident.
38:31
She has multiple minor children, one of which is, I believe,
38:37
placed by DCF, and I think that's the victim in this case.
38:40
We would ask that she would be able to have contact as allowed
38:44
by DCF with that minor child. She also has 2, I believe, two
38:48
other minor children who have not been placed by DCF, so
38:51
they're still in her custody. And so we'd ask for no violent
38:55
contact for the them minor children.
38:57
We've also asked for a low bond. I don't believe she's a flight
38:59
risk based on those and she's not a danger to the community.
39:03
Is there a case plan involved with the other children?
39:05
Your Honor, I've not gotten involved with the DCF case, so
39:08
I'm not sure on that at this point.
39:10
Do you mind if I ask your client that question?
39:11
I have not. I just, if DCFS are other
39:13
restrictions involved in other children, I'm probably going to
39:15
say the same thing, comply with DCF case plan.
39:18
Miss Rich, is there a case plan involved in the other children?
39:21
There's a safety plan and the ones that are removed and not
39:25
the ones that are with me to my knowledge.
39:28
OK, I'm a little confused because I I understood there to
39:31
be only one removed. How many children have been
39:33
removed? Now I haven't.
39:35
I have not received removal paperwork on any of them.
39:39
OK. But DCF did place my five older
39:43
children with their dad for the investigation.
39:47
OK. And then how many other children
39:49
did they not place with him? Two that are with me.
39:54
OK. So, and of those two, there's a
39:55
safety plan, a voluntary safety plan in place, is that right?
39:58
Yes, yes, I believe so. Where you agreed to XY and Z and
40:02
they said, OK, we'll keep an eye on things.
40:04
That kind of a deal, right? Yes, Sir.
40:06
And the only history you have is that one battery case that was
40:09
dismissed, correct? Yes, Sir.
40:12
OK, Mr. Mitchell. We will leave the amount of bond
40:16
up to the court, but As for the contact, we're not an objection
40:20
to no violent contact as long as she adheres to whatever safety
40:25
plan or DCF plan is in place. So.
40:32
If I if it had been with no history, if it had been regular
40:36
child abuse, not aggravated, it would have been a second degree
40:39
felony or third. I need to look at that statue
40:42
because child abuse. Mr. I think it's a third degree.
40:46
I I think that is correct. So because this says first
40:49
degree on aggravated, which means it would jump up two
40:51
degrees and if that's accurate, it is, I have no idea.
40:53
We're going to find out though. So child abuse in Florida is a
40:58
27 point O3. The degree of the crime usually
41:03
affects the bond, ma'am, the way I set bonds.
41:06
So let's see 827 point O3. Aggravated child abuse.
41:11
You're charged under subsection 2A is a first degree regular
41:22
child abuse. It's a third degree, so it jumps
41:32
from 3rd to 1st. You're both right.
41:35
OK, anything else Council before I address the bond?
41:39
Nothing. So what I'm going to do, Miss
41:41
Richard, this is very close to regular child abuse allegations.
41:44
I thought there was sufficient probable cause, but again, it's
41:47
it's a close call. Someone was treated for when
41:49
you're like a patient. I'm going to treat it for child
41:50
abuse as a child abuse for bond purposes only.
41:53
That means your bonds will be $5000 cash or surety.
41:56
You can go through a bondsman or you can put up all 5000 if you
41:59
wish. That's entirely up to you.
42:00
You're going to have a condition to have contact with the
42:03
children only in compliance with department children families as
42:07
outlined in a case plan or other court order.
42:10
So if they have an active case plan and you're complying with
42:12
that, I have no problem with that.
42:14
They know more about the situation than I do.
42:16
Also if the child has been removed but they allow some type
42:19
of visitation that's approved. I have no problem with that.
42:22
Again they're that's their area not mine.
42:25
So as soon as that bond is posted you'll be released.
42:27
I'm going to ask the jail to give you a notice for your court
42:29
date. What would her arraignment date
42:31
or pre arraignment date be? It's a May I know that one?
42:37
May 5th. So Mr. Jackson, I don't know if
42:39
you've had any of these since we've started doing this at
42:41
first appearance, but just Garcia and I, we've started
42:44
giving tentative arraignment date, especially as a tracking
42:47
mechanism at first appearance. So our court date will be May
42:50
5th at 8:30. Now obviously, if you file notes
42:53
of appearance, that may move that date.
42:55
Mr. Axon, anything else? Nothing further, if I may be
42:57
excused? Yes, Sir.
42:58
Mr. Mitchell, Anything. Nothing else from the state.
43:01
Here. And Miss Rich, do you have any
43:02
questions? No, Sir, I don't.
43:04
Believe so Good. She did ask me about a cash
43:05
bond. I don't know if that's an option
43:07
or not, so I'll just go ahead. And put the.
43:09
Court note Mr. Mitchell, Wes, do you?
43:15
Want to know if? She if she can post to like a.
43:16
$500.00 cash bond. I mean, I don't know if the if
43:19
the. If she if she can get a surety.
43:22
Bond for $500? I'm sure she can post a cash
43:24
bond for $500. No objection to that.
43:28
I just I. Don't mind giving you that, but
43:29
that option to your bond will be $500.00 cash.
43:31
Would you prefer that Miss Rich, please?
43:34
It's the same amount. It just means you don't go
43:36
through a bondsman. You just put up all 500 cash and
43:38
that's not negotiable. If you go through a bondsman,
43:40
they may take a certain amount upfront, but if you post a cash
43:45
bond, it's got to be all 500. Is that what you want to do?
43:50
Yeah, actually it is. OK, your bonds, $500.00 cash as
43:55
agreed to by the state and defense.
43:56
All right, man, wish you the best.
43:57
Thank you, Mr. McDaniel. Thank you.
43:59
Thank you, Mr. Axon. The next case that has friends
44:02
or family here is number 2 on the docket.
44:04
That's Sammy Butler. Mr. Butler.
44:11
Good morning, Mr. Butler. Your your mother and your niece
44:14
are both here. Mr. Butler, you're here in case
44:16
21 dash, excuse me? 25-121 CT Mr. Butler, you're
44:22
accused of violating in terms of your probation, but I made the
44:26
attorneys aware yesterday by a text or e-mail that you work for
44:31
my father-in-law. And because of that I have no
44:34
problem getting another judge or recusing myself if if either
44:38
side wants one. On the other hand, if y'all
44:41
worked out some kind of agreement, then I have no
44:42
problem doing that. Also if both sides are willing
44:45
and want to weigh that conflict. Mr. Mitchell, do you want
44:47
another judge to hear this? Are you OK with me hearing it,
44:49
Sir? I am OK with you hearing this
44:51
one. Mr. McDaniel, no change from the
44:53
last hearing we had, Your Honor. I think you made us all aware of
44:56
the end and we're still don't have a conflict.
44:59
I think Mr. Butler's helped me load some corn before when I've
45:01
got out there to come out to pick out some some corn for deer
45:03
hunting. Mr. Butler's about as strong as
45:05
a mule, pick up two of them bags and I struggle to pick up one.
45:09
But anyway, that's really not relevant today.
45:11
So Mr. Butler appears there's no conflict.
45:14
There's kind of potential conflicts being waived.
45:16
So listen to Mr. McDaniel. I'm appointing his officer
45:18
represent you. We're going to see where we go.
45:19
I spoke to Mr. Butler. He's going to go ahead and admit
45:22
that he violated the probation understanding you're going to be
45:24
sentenced 10 days in county jail, five days jail credit.
45:27
He's already paid the fines and calls.
45:28
So that'll resolve this case today, Mr. Mitchell.
45:32
That is agreeable with the state here on there so.
45:34
Ladies in the courtroom, he did everything on probation he was
45:37
supposed to do, according to Mr. Goodson.
45:38
Right, Mr. Goodson? Yes Sir, including paying all
45:42
this court costs and fines of $1700.
45:44
Except he did not go to counseling.
45:47
Yes, Sir, that's correct. That's why I feel like there's a
45:49
need to do something to him and that's where the 10 days comes
45:51
from. Mr. McDaniel, have y'all
45:53
discussed when he would? Is he going to go ahead and do
45:55
the sentence now or is he going to come back later and finish it
45:58
because of the planning season? I assume he just will go.
46:01
Ahead and finish it now, Your honor, I mean, but I, I didn't
46:03
discuss it with him, but he should be out of here today will
46:06
be the 6th day. So within the next 4 days
46:08
probably. And he may get a day or day off
46:10
of it. So Mr. Butler, I don't mind.
46:13
And I told the attorneys this, if, if this works out and they
46:15
decided to waive any conflict, that I don't have a problem with
46:19
you coming back. I know it's your, your, your
46:21
corn planting season, but if you want to go ahead and finish it
46:23
now, that's OK. You have you would have five
46:27
days left, Mr. McDaniel, or 4 after today.
46:30
So after today, today would be. The 6th day when they put it in
46:33
the system. So you have 4 days left, so you
46:35
can either go ahead and just stay and finish that time Mr.
46:37
Butler, or you can come back in a few weeks when you get through
46:40
the planting season and finish the time then I have no
46:43
preference. You you do you have a preference
46:46
Sunday morning at Sunday morning you may get a day off.
46:51
If he shows up like on a on a Friday afternoon, then he would
46:57
Actually he's probably not working the weekend anyway.
46:59
I I don't know if they work weekends this time of.
47:01
Year I mean, if he works so. He might be out by Saturday or
47:04
Sunday. Go ahead, Mr. Mr. Butler.
47:08
If I leave today and I come back on a, like you say, on a Friday,
47:12
I. Can just go pick the.
47:13
Weekend, well, we'll pick some in the next few weeks.
47:16
We'll pick a day that go ahead and pick a day today so you'll
47:18
know a day to come back. And we try to have these
47:21
individuals turn themselves into these kind of situations no
47:23
later than noon because we got the day shift at the jail
47:26
working. So you would show up on us, say
47:27
Friday at noon, you get credit for that Friday, your credit for
47:31
Saturday, your credit for Sunday, and you'll get out on
47:34
Monday or Tuesday, depending upon how the math works.
47:38
Mr. McDaniels figured that. Mr. Ham just sent a message to
47:42
all of us and the perseverance list saying corn has already
47:46
been planted. I don't know if that's relevant.
47:48
Mr. Ham told us that he had just been spraying it or something.
47:50
He was supposed to spray it yesterday.
47:52
Thank you. I think they got the corn
47:54
planted, but the he was in the process of spraying, treating
47:57
the corn. I may have misspoke when I said
47:59
planting it. It may have been something else.
48:02
I don't know. If you want to go and do the the
48:03
time, that's fine. If you'd rather come back later,
48:05
that's fine. What would you rather do, Mr.
48:06
Butler? If I get out.
48:10
There would I have to have a bun?
48:11
No, no you don't. Just got to come.
48:13
Back. You have to come back and if I
48:17
come back I still have the regular five days or four or
48:19
four days. It's going to be the same
48:21
sentence. You're going to serve the same
48:22
amount of time. It's just when you serve it,
48:24
there's only difference. OK.
48:26
Because I really need to get back to work.
48:28
I think I'll just, I'll come back.
48:31
So when, when would be a good time for you to come back?
48:35
I can get we're out a few weeks, we can go out a month.
48:37
I'm not going to put it off. Six months, but just about, I'd
48:42
say about 3 weeks because I got to finish doing all my treating,
48:45
all my corn and stuff. Would you rather be on a Friday?
48:49
Yes, Sir. So if we go out three weeks from
48:51
this Friday, Miss Williams, what day would that be?
48:53
April 24th? April 24th.
48:55
Does that work, Mr. Butler? Yes, and that'll work.
48:58
Mr. Mitchell, no objection. Mr. McDaniel, it's good.
49:02
Your Honor, Mr. Butler, I'm going to accept your admission
49:04
that you violated the terms and conditions of your probation.
49:07
This is a plea you would like to enter, correct?
49:09
Yes, Sir. I'm going to accept to violate
49:11
the admissions, to violate the terms and conditions of your
49:13
probation. Mr. Butler.
49:14
I'm going to revoke that probation.
49:15
I'm going to send you to 10 days in jail.
49:16
You did 90% of what you're supposed to do on probation.
49:20
I'm going to revoke that probation and sentence you to 10
49:23
days in jail. But you have credit for, for the
49:25
purposes of plea, it would be 5 days.
49:27
Mr. McDaniel, you have 5 days credit for purposes of plea
49:33
today. You're going to complete that
49:35
sentence by turning yourself in April 23rd.
49:40
April 24th, no later than noon, Mr. Butler.
49:44
April 24th. You need to be at the jail by
49:46
noon. Now, what I'm going to do is I'm
49:48
going to give your your family in the courtroom.
49:51
I'm going to give, we have your niece here.
49:53
If it's OK, We're going to give your niece a copy of this
49:55
paperwork showing the day to be back in jail at the jail.
49:59
And then you need to take that paperwork with you when you show
50:02
up at the jail. When he shows up at the jail,
50:04
April, he needs to take this paperwork with him.
50:05
OK, Mr. Butler, they're going to pick you up.
50:09
They're going to process you out.
50:10
Ladies, it's usually about a 30 minute deal to get processed
50:12
out. He can be picked up in roughly
50:14
30 minutes. OK.
50:15
Mr. Butler, do you have any questions?
50:18
No, Sir. I wish you the best, Sir.
50:19
Does the family have any questions?
50:22
All right. Wish you the best.
50:23
Thank you. And I think there may be another
50:25
young lady come in on your case, too.
50:26
Are you here on that case too, ma'am?
50:27
I don't think I announced that because when I asked her, you
50:29
weren't here yet. Second.
50:32
OK. Your girlfriend's here.
50:34
All right. Wish you the best, Sir.
50:37
OK, thank. You.
50:38
Yes, Sir. You might choose to just stay
50:42
there. Thank you, ladies.
50:48
All right, So the next person that has friends or family here
50:51
is Mr. Bell. Jeff Bell, just like please,
50:59
when we give you a copy of this paperwork.
51:00
OK. Mr. Bell, your wife is in the
51:02
courtroom. You're here in Case 26-122-CT.
51:07
And Mr. Bell, I believe there's a bond already set on that
51:12
warrant. And Mr. McDaniel, any action we
51:13
need to take in this case. So Mr. Bell, we're going to give
51:17
you a notice. I'm, I'm assuming you're going
51:19
to post bond, hopefully going to post bond.
51:20
And I apologize, I should have told you yesterday when we took
51:23
you into custody in the courtroom, there was a bond on
51:25
the warrant and I, I just forgot.
51:26
You. You did?
51:27
Oh, did I? Yeah.
51:28
You did good. So there's a bond already set.
51:30
That bond is $2500. Mr. Bell, we're going to give
51:33
you a notice. You anticipate being a post the
51:35
bond. OK.
51:37
Your wife's saying they're going to try to post the bond.
51:38
So we'll give you a notice for the arraignment docket, which
51:41
would be wind on 27th, the 27th of March.
51:45
Yes, Sir. 27th of April, the 27th of March already passed.
51:49
27th of April will be your court date.
51:52
They're going to give you a written notice at the jail.
51:54
Mr. Bell, you will not get a notice in the mail.
51:56
That notice they put in your hand will be the only notice you
51:58
get 9:00 AM on the 27th. So you'll get to use the phone
52:02
in a few minutes to post the bond.
52:05
And the only condition, only special condition of the bond is
52:08
don't drive a motor vehicle unless you have a valid license
52:11
to get your license fixed, then you drive, that's fine.
52:13
But if you get caught driving without a license, that will
52:15
violate your bond. And we'll see you on your court
52:18
date. Mr. Bell, do you have any
52:19
questions? Yes, Sir.
52:21
All right, Sir. Wish you the best.
52:22
Ma'am, do you have any questions?
52:23
Yes, Sir. You too.
52:23
Thank you. Thank you.
52:25
We have Jasmal Primus. It.
52:30
Was a $2500 bond. I looked at it this morning.
52:34
Hey, Miss Primus, good morning. You're the brother in the
52:36
courtroom. Miss Primus, you're here because
52:38
you've been accused of 1 count of fraudulent use of a credit
52:40
card, 1 count of Grand Theft between 750 and $5000.
52:45
Ma'am, there is probable cause in the complaint, Miss Primus,
52:48
and I'm going to listen to the attorneys before I address your
52:51
bond status. Mr. McDaniel.
52:52
Anything. No, Miss Primus, Just maybe,
52:55
probably a set for cash bond if that's the option.
52:58
There is allegedly restitution owed.
53:00
Mr. Mitchell. She wants to post cash bond.
53:02
We don't have any objection. Miss Primus, did look at your
53:05
criminal history. You had a couple things on
53:07
there. I'm going to set you a $500.00
53:10
cash bond on each of these felony charges.
53:12
Miss Primus. That means you've got a total
53:14
bond of $1000 cash. Miss Primus, as soon as that
53:18
bond is posted, you'll be released.
53:19
So let me talk to your brother. So Sir, she's got $1000 cash
53:22
bond. The good thing about a cash bond
53:25
is let's say the charges are dismissed.
53:27
If they're dismissed, that money's returned to whoever
53:29
posted it. On the other hand, if she's if
53:32
they're not dismissed and she's ordered to pay restitution, that
53:34
money can go towards restitution.
53:36
So that's why a lot of times the state and defense both want a
53:38
cash bond because they want that money to be there in case it
53:42
goes one way to the other. OK.
53:43
But as soon as that bond is posted, she'll be released.
53:46
We're also going to give her a notice for a court date.
53:47
And her court date will be when May the 5th will be your court
53:53
date. They'll give you that notice at
53:54
the jail, ma'am, and that'll be at 8:30.
53:57
That'll be in front of Judge Garcia.
53:58
Miss Primos, do you have any questions?
54:01
No, Sir, you're all right. I was.
54:03
I just wanted to apologize. I miss Premas.
54:10
I I wish you the best, Sir. Do you have any questions?
54:13
Thank you for coming. That's right.
54:18
At the jail. At the jail?
54:21
Penn Ave. Yes, Sir.
54:24
Thank you. All right, so that's it for
54:26
friends or family. Mr. McDaniel, We can start back
54:28
at the top of the list, which is Thomas Raquenello.
54:38
Miss Racanello. Good morning.
54:39
Miss Racanello, You're here because you've been accused of 1
54:41
count of written threat to do bodily harm, 1 count of criminal
54:48
mischief over $1000, and a misdemeanor resisting an officer
54:52
without violence. It appears you're already out on
54:54
bond IN26-15 CF There is probable cause in the complaint
54:59
for the new charges. Mr. Racanello.
55:01
I'm going to listen to the attorneys and I'm going to
55:02
address your bond status. Mr. McDaniel, Anything.
55:05
Nothing. Mr. Mitchell.
55:07
Your Honor, like you said, he is out on bond in 2615 CF That case
55:12
actually has a condition of random UA's.
55:16
In addition to setting the bonds for these new law cases, we were
55:19
requested to be drug tested at the jail just to see if he has
55:23
anything in his system. I like to think I don't miss
55:26
much. I think I probably do, but I
55:27
didn't even catch that, so I appreciate you catching that,
55:29
Mister Mitchell. So, yeah, if he's got a
55:31
condition, random urinalysis, corporal or Sergeant, this is
55:35
Sergeant this morning. We need to get a urinalysis
55:37
after first appearance because Judge Garcia likes to know that
55:40
and it may, may actually help him if it's negative or
55:43
anything. So Mr. Racanello, I'm going to
55:44
set your bond at $15,000 each on the two felony charges, $5000 on
55:48
the resisting. That's a total bond of $35,000
55:51
cash or surety. You have a condition, no contact
55:54
with alleged victim. Do not try to post the bonds
55:56
because I'm going to revoke your bond and 26-15 CF.
56:00
So you now got no bond in that case.
56:02
So what that means is even if you posted a new bond, she
56:04
wouldn't get out because you've got no bond in the case you
56:07
already out on bond on and they're going to give you a
56:09
urinalysis after first appearance.
56:11
Mr. Racanello, your court date on these new cases will be May
56:16
the 5th. May the 5th at 8:30 will be a
56:19
court date on the new charges in front of Judge Garcia.
56:21
Mr. Racanello, do you have any questions?
56:25
No. All right.
56:26
Sorry. Wish you the best.
56:28
We have Alejandro Tronato. I might be mispronouncing that
56:34
last name, Mr. Good morning. You're here because you've been
56:42
accused of 1 count of driving under the influence.
56:45
I've read the complaint of his probable cause.
56:47
I looked at your criminal history, which I think you had.
56:50
I think you had no prior criminal history.
56:52
Maybe a a driving license suspended that was dismissed
56:56
years ago and that's it. So Mr. Turnado, I'm appointing
57:02
the public center's office to represent you.
57:03
I'm asking to listen to Mr. McDaniel, your attorney.
57:06
We're going to achieve no contest charges listed in
57:09
standing 1129 probation without $78 in fines, 50 hours of
57:13
community service, DUI school minimum driver's license
57:16
suspension. A a classes if unless you
57:19
complete some of the DUI classes and he's waiting his right to
57:24
retrial and call witnesses and that'll resolve this case today.
57:29
Thank you, Mr. Mr. Mitchell's had agreeable with the state.
57:33
It is Your Honor, and I will point out that it does look like
57:37
his BAC was a .164, but for purposes of first appearance and
57:42
given the fact that his lack of criminal history will stipulate
57:45
to it being under .15. I'm sure you're OK with that,
57:48
Mister McDaniel. Yes, Your Honor.
57:51
Richard Tornado, did you hear that plea agreement, Sir?
57:55
Yes, Sir. Any questions about that
57:56
agreement? No, Sir.
57:59
Is that the plea you would like to enter?
58:01
Yes, Sir. Sir, I'm going to accept your
58:04
plea of no contest. Screw the charge of driving
58:07
under the influence. I'm going to find it's freely
58:09
and voluntarily entered. But specifically you're plea
58:12
into a blood or breath alcohol of less than .15.
58:14
That's important because that removes certain mandatory
58:16
conditions under Florida law. I'm going to judge you guilty
58:19
that offense and issue to 11 months and 29 days probation,
58:23
standard court costs and fines. I may have already said that the
58:26
$1078 successfully complete DUI school and substance abuse
58:31
counseling. The substance abuse counseling.
58:34
If you do enroll in DUI school within 60 days, that will
58:38
constitute your substance abuse counseling.
58:39
That'll take care of it. If not, you can choose to do
58:42
12A, a counseling sessions or private counseling if you
58:45
prefer, until that evaluator relieves you 50 hours of public
58:49
service work. I do recommend the minimum
58:51
driver's license suspension. Mr. Tornado, what's going to
58:53
happen next? If they're going to let you use
58:55
the phone, they're going to let you get dressed in your regular
58:57
clothes. The reason for using the phone
58:59
is in case you want to contact friends or family for picking
59:01
you up transportation purposes. Then after you do that, they'll
59:05
bring you to the courthouse to meet with the probation officer.
59:08
Mr. Goodson or Mr. Ham will meet with you.
59:09
I believe this will be Mr. Goodson's case.
59:12
He will answer any questions you have about the probation.
59:14
He'll give you a copy of the rules in writing.
59:16
He also will. Answer any questions you have
59:18
about the driver's license issue, and then you'll be free
59:21
to leave. So if you do call friends or
59:23
family, you can tell them that you can be picked up in about 30
59:26
to 45 minutes from now at the courthouse in Marianna.
59:29
Any questions, Sir? No.
59:33
All right, Sir, I wish you the best.
59:34
Thank you. Yes, Sir, we have Hansford
59:40
Griffiths. Mr. Griffiths, Good morning.
59:45
Mr. Griffiths, you're here for first appearance.
59:47
Good morning. You're charged with one count of
59:49
driving license suspended or revoked habitual and one count
59:52
of failed to register a motor vehicle.
59:54
There is probable cause in the complaint and it looks like you
59:58
just got out of prison for the exact same charge of driving
1:00:01
while license suspended or revoked habitual and looks like
1:00:04
you have three of those within the last couple years, habitual
1:00:09
felony driving license suspended.
1:00:11
So all of those are factors for bond purposes.
1:00:14
I'm going to listen to the attorneys and then we'll set the
1:00:16
bond in your case. Mr. McDaniel, Anything, Mr.
1:00:20
Mitchell not. For the state, Your Honor.
1:00:22
OK, Mr. Mr. Griffiths, I'm going to set your bond at $15,000 on
1:00:28
the driver's license ritual because of your history, and you
1:00:30
just got out of prison for the same thing, $5000 on the
1:00:33
Federation motor vehicle. Your total bond is $20,000.
1:00:37
Mr. Griffiths, your bond has a condition.
1:00:39
You not drive a motor vehicle, so you'll get a chance to use
1:00:42
the phone in just a minute, Sir. And you'll post that bond if you
1:00:44
can. You'll be released.
1:00:45
They'll also give you a written notice after first appearance.
1:00:48
Your notice will be for your court date in front of Judge
1:00:50
Garcia and that will be May the 5th, May the 5th, also at 8:30.
1:00:56
Mr. Griffith, do you have any questions?
1:00:58
No, Sir all. Right, Sir.
1:01:00
I wish you the best, Winston Goodson.
1:01:11
Mr. Goodson, good morning. You're here because you've been
1:01:13
accused of 1 count of Grand Theft between 10 and $20,000,
1:01:17
one count of Burger of an unoccupied conveyance and a
1:01:19
criminal mischief of less than $200, and I believe you're on
1:01:25
probation in case 23-276. CF.
1:01:29
Mr. Goodson, I'm going to appoint the public finance
1:01:31
officer represent you for first appearance purposes, and I'm
1:01:34
going to ask that you listen to the attorneys before I set that
1:01:36
bond. Mr. McDaniel, Anything.
1:01:39
Nothing. Mr. Mitchell, we just request
1:01:43
that you put a seven day hold for the VOP case.
1:01:48
Mr. Goods, I don't know if I said it or not, but there is
1:01:50
probable cause in the complaint. Your bond's going to be $10,000
1:01:53
each on the two third degree felonies.
1:01:55
That's the Grand Theft in the burglary, $5000 on the criminal
1:01:58
mischief. Your total bond is $25,000 cash
1:02:01
or surety, but don't try to post it because you are on probation
1:02:05
in that case number I mentioned, which means I'm going to ask Mr.
1:02:08
Mitchell to notify the probation office and you have a seven day
1:02:12
no bond hold in that case. We'll see if they have a warrant
1:02:14
within seven days. If they do, we'll we'll see if
1:02:17
they put a bond on it or not. OK.
1:02:18
Yes, Sir. Have a good day, Sir.
1:02:26
I did not, but if you remind me when he comes back for that
1:02:28
seven day hold, we'll give him a court date then he's right here.
1:02:34
Is he still there? We want.
1:02:36
To give him a. Court date then?
1:02:37
So, Mr. Gutson, your court date will be May the 5th.
1:02:40
Also, May the 5th at 8:30 will be your court date.
1:02:43
They'll give you that notice, Sir.
1:02:44
OK, we have Noah Phillips. Mr. Phillips, you have a warrant
1:02:48
out of Gaston County? I'm looking at the teletype,
1:02:51
which is basically an electronic e-mail sorta from the Gaston
1:02:56
County Sheriff's Department. It says there's no bond on this.
1:02:59
Now, that doesn't mean that you won't get a bond when you get
1:03:01
there. And I don't know enough about
1:03:02
the case to tell you if you will, but you clearly don't have
1:03:05
a bond right now. But Gaston County is going to
1:03:07
pick you up. They're they're right next to
1:03:09
us, as you may know, So they're probably going to get you
1:03:12
today's Wednesday. My guess is I'll get you this
1:03:14
week. But if you're still here in 15
1:03:16
days, you'll come back to first appearance and we'll see what's
1:03:19
going on. That that's very unusual.
1:03:21
I don't know that's ever happened with Gaston County.
1:03:23
There's a good chance they're going to pick you up within the
1:03:25
next couple of working days. And when you get picked up,
1:03:27
you'll go to another first appearance over there.
1:03:29
Any questions? No, Sir.
1:03:31
Have a good day, Sir. You, too.
1:03:34
Thank you. You've already seen Miss Primus.
1:03:38
You've already seen Miss Rich. That brings us to Mr. Bugs.
1:03:41
Darrell Bugs. Mr. Bugs.
1:03:47
Good morning. Mr. Bugs.
1:03:48
You. You have two issues.
1:03:49
You have a fugitive. One out of Houston County,
1:03:51
Alabama, and then you also have a local charge in Jackson
1:03:56
County, resisting officer without violence.
1:03:58
I'm appointing the public Turner's office to represent you
1:04:00
in that case. I'm asking that you listen to
1:04:02
your attorney, Mr. McDaniel. I spoke to Mr. Bugs.
1:04:05
You don't have no contest. The charges listed.
1:04:07
You understanding it since 90 days in the county jail, your
1:04:09
$370 fine. He has waived his right to
1:04:12
retrial and call the witnesses. And how to resolve this case?
1:04:17
Thank you, Mr. Mitchell's. I agree with the state.
1:04:20
It is Your honor, Mr. Bugs. Did you hear that agreement,
1:04:23
Sir? Yes, Sir.
1:04:25
Mr. Bugs, do you have any questions about that agreement?
1:04:28
Also, one other thing, Your Honor, that any plea here can be
1:04:31
used against him in the violation state probation case.
1:04:35
Does he have a BOSP? Is that what the Houston County
1:04:37
charge is? He has local probation here in
1:04:41
Jackson County, 25225. I don't know what the stuff in,
1:04:45
I don't know what stuff in the company is.
1:04:48
OK. So, Mr. Mitchell, is that all
1:04:50
agreeable with the state? Yes, sure.
1:04:52
What's the current one? What's that case number?
1:04:56
25225. 2225 S Mr. Boggs, Mr. by Daniel's trying to protect you.
1:05:01
They can always use the incident, but they can't use
1:05:04
what you're doing today against you.
1:05:06
That's what he's putting on the record.
1:05:07
If they try to do that, I would let them withdraw.
1:05:09
I would let you withdraw this plea because we don't want you
1:05:11
to hurt yourself today. If they're going to violate your
1:05:14
probation by calling witnesses, they have the right to try to do
1:05:16
that, convince the judge you did it, but you wouldn't plea.
1:05:20
People wouldn't plea if if plea is going to hurt them.
1:05:23
So any questions about this agreement your attorney put on
1:05:25
the record? Is there?
1:05:27
Is this a plea you would like to enter to resolve this
1:05:29
misdemeanor charge? Yes, Sir.
1:05:32
Mr. Bugs, don't accept your plea of no contest to the charge of
1:05:34
resisting officer without violence.
1:05:36
I'm going to withhold of judicious and adjudicate you
1:05:38
guilty. Sentence you to 90 days in jail.
1:05:40
Give you credit for the time you served already, which was one
1:05:42
day. Mr. McDaniel.
1:05:43
Yes, Sir, 374 costs and fines are imposed as a condition of
1:05:48
this plea. If the state tries to use the
1:05:51
plea what you did today against you, I will let you withdraw
1:05:54
this plea. And typically they won't do
1:05:56
that. They'll just, they may or may
1:05:59
not try to use the incident, but they won't use the plea itself.
1:06:02
So Mr. Bugs, if they haven't put a hold on you or served a
1:06:05
warning on you for the VOP, by the time you finish this
1:06:08
sentence or get near the completion of the sentence,
1:06:10
Florida will notify, Jackson County will notify Alabama.
1:06:13
If Alabama still wants you, they'll be told to come get you.
1:06:16
If you do have a hold from violation probation, then you'll
1:06:19
know about it. You'll come back to first
1:06:20
appearance and we'll get we'll get you in turning pointed if
1:06:22
you ask for one and go through that process.
1:06:25
Right now we don't have that hold.
1:06:26
Mr. Boggs, do you have any questions?
1:06:29
No, but I still had it problems. Thank you.
1:06:42
Yes, Sir. Mr. McDaniel, it's everything I
1:06:55
had on my first appearance list. Anything else from the P DS
1:06:58
office? No, you aren't.
1:07:00
Thank you, Mr. All righty friends, TCF live on Wednesday.
1:07:05
It's good to have you all here with me.
1:07:07
What do we got? Another two hours or so.
1:07:09
Very cool. Let's go to Lake County, Ohio,
1:07:13
Judge O'Donnell, see what's going on there.
1:07:18
Judge is contained in the probation violation.
1:07:19
Thank you. Is that correct, Mr. Hobbs?
1:07:25
Yes, Sir, all. Right.
1:07:27
What's your plea to the violations?
1:07:30
Oh, guilty. Accept your guilty plea and find
1:07:33
you guilty well. What's the story?
1:07:42
You know, that was I'm human, so I'm making mistakes, but this
1:07:47
was one of the dumbest mistakes that I've made and, and in a
1:07:51
long time, I was on a very good path.
1:07:54
I, I still feel I'm on a very good path.
1:07:57
You know what I'm saying? To, to change my life around.
1:08:00
It was it was really stupid. It was I, I got no, no excuse
1:08:04
for it at all. Like, and the figurine that was
1:08:07
just me just trying to not diminish the 18 months of, of
1:08:11
good that I was doing. I was, you know, I had a job.
1:08:13
I had a job to get $20.00 an hour.
1:08:15
And I was from 9:00 to 2:00. Like I had something to do.
1:08:19
I was taking care of my mother. Like every little incident that
1:08:22
happened, I was there for it, you know what I'm saying?
1:08:24
So I had time to like do that. My sister died of, you know, she
1:08:29
died in my arms. So she's not here no more.
1:08:32
That was my sister with Down syndrome.
1:08:34
So that was kind of bad. But I've been doing good with my
1:08:37
depression medicine, my anxiety, I've been working with that
1:08:40
good. I got a lot of people who
1:08:43
support me and been showing support.
1:08:44
They've been seeing the change. And this was, you know, like not
1:08:48
to diminish you. And I like that it was decision
1:08:50
like it ain't even. Nothing.
1:08:52
What, what? What led to the decision?
1:08:55
I don't, I don't really, I don't know, like bad energy came
1:08:58
around me and I'm just being social and you know, I was
1:09:01
wrapping up my, my feeling like I was wrapping up my, my, my
1:09:04
probation and I just was like lazy with it and just, you know
1:09:08
what I'm saying? Like I forgot really what was
1:09:09
going on with that whole scene. So, you know, I just hey, and
1:09:12
just being social with it and it was just stupid.
1:09:14
Like it's, it was a bad experience anyway.
1:09:17
Like, and it's, it's not even on my radar to be doing something
1:09:20
like that. Like my life was going good.
1:09:22
I actually got a movie that I don't even need 15 minutes more
1:09:26
footage left to finish a movie that I was supposed to be
1:09:29
dropping in summer. And then I I had the job like
1:09:32
$20.00 an hour for me like without.
1:09:34
Working where? I ever care.
1:09:36
Like a guy came and approached me about when I was helping my
1:09:40
mother and he said, you know, you get paid for that and I said
1:09:43
no. So I went up on Pearl Rd. they
1:09:45
did the background and he was like yeah, you can get it.
1:09:47
So 92 that's what I was doing Monday through Friday and I'm
1:09:50
like $20.00 an hour. Like, you know, for y'all, it
1:09:53
probably ain't nothing but for me and you know what I'm saying,
1:09:55
my history on background and stuff like it was everything for
1:09:59
me. Like and I was moving forward.
1:10:00
My depression was doing good. I was you know, I still don't go
1:10:03
around people all like that. You know what I'm saying that
1:10:05
much. But I'm social, you know, I
1:10:08
laugh, play like, you know, family lost, you know, my
1:10:11
sister. And while I was in here, I lost.
1:10:14
I miss my birthday, my son's birthday, which I was catching
1:10:18
for like a year and a half straight.
1:10:19
Like I ain't been in here in a while.
1:10:21
Like I've been I've been content and happy with the life I had.
1:10:24
Like I just made a stupid mistake.
1:10:26
It's it's stupid. Every day I, I sit in here and
1:10:29
be like, I cannot believe I ever let bad energy come into my life
1:10:32
because I'm, I've been positive energy and I've been, I've been
1:10:35
hoping that I've been showing improvement.
1:10:37
Everybody around me is seeing like, hey, it's improvement.
1:10:40
You've been, you've been doing better.
1:10:42
Like, you know, they still. Owe the signature.
1:10:45
Yeah. Oh, So I, I even if I was off
1:10:47
probation, I'm still with signature.
1:10:48
They they do my medicines. They do my what?
1:10:51
Medicines you taking? I take Trazodone.
1:10:55
I take Lipitor. I got I got diabetes, I got high
1:10:58
blood pressure, I got depression and I have anxiety and I got
1:11:03
PTSD. So I I take a lot of stuff.
1:11:08
I take a lot of stuff. Take it everyday.
1:11:10
Yeah, I, I keep up on that and it's been working like signature
1:11:13
is real, real good. I have zero problem with
1:11:16
signature. I have zero.
1:11:17
They come get you, they, they give you a, you know, a Uber,
1:11:21
you know, I'm saying there and back.
1:11:23
So I had no problem. It's a nice facility.
1:11:24
Like I got nothing bad to say about Senator help.
1:11:27
So even if I wasn't on probation, I still would deal
1:11:31
with them. Like, yeah, they they help me
1:11:33
out. Like if I go down for depression
1:11:34
or say something like they got counselors, like, hey, they're
1:11:37
cool. Like I'm still still with them
1:11:40
on the regular. So and I plan on having them
1:11:43
still help me out through this, like, you know, just keep me
1:11:46
moving forward. They keep me focused and I just
1:11:48
been focused on my own. Like, you know, you, you have me
1:11:51
take the little, you know, trust the process and that's why I've
1:11:54
been doing 18 months. That's why you ain't seen me
1:11:55
like, you know, just let bad energy just come in, like just
1:11:58
make stupid mistakes. 89 and I'm, I'm they dwindling down.
1:12:02
You know what I'm saying? Like I'm not going to be
1:12:04
perfect. I know that much, but I'm
1:12:06
working on it and I'm, I'm working progress.
1:12:07
But it's been on the upside lately, like, and stuff I've
1:12:11
been going through like my sister died and stuff like that.
1:12:13
I was right there. Like I seen the lights go out in
1:12:16
her eyes like. When When was that?
1:12:18
That was last year. What?
1:12:20
What month? Actually, I don't.
1:12:24
I think it was March. It was around my birthday.
1:12:26
All right. How?
1:12:30
Often do you go to signature? Every time they leave me, they
1:12:33
call you. They call you to death, they
1:12:34
say. They call how.
1:12:36
Often do you get the meds? I get the meds all the time I.
1:12:39
Mean do you get a prescription for a certain period of time and
1:12:43
then you have to renew? Yeah, yeah, yeah, yeah.
1:12:45
They give you a prescription for them.
1:12:46
And how long does a prescription usually last for?
1:12:49
I think they 30 days like they give you, you know, a bottle.
1:12:51
So think about like 30 days. Like I still got some meds left
1:12:55
right now. So maybe a little bit over some
1:12:57
of them, maybe a little bit over 30 days, maybe a little bit.
1:13:00
They left at least 30 days. They give me stuff to help me
1:13:05
sleep because you know, see my mind race all the time.
1:13:08
And they give me stuff for the anxiety because like when I'm
1:13:11
around certain people sometimes like, you know, still feel like
1:13:14
the walls closing in. Like I had an episode I was in
1:13:16
here and they don't give you meds and stuff like that for in
1:13:18
here. How long you been in?
1:13:20
How long you been in here now? 40 days is.
1:13:23
That right, Dave, Roughly 40. One days Judge. 41 yeah.
1:13:29
And it's, it's rough being here, like especially in my age, like
1:13:33
my body ain't built for it no more.
1:13:34
That's why I'm I'm through with any violations whatsoever.
1:13:37
Like well. I mean, I'm, I'm always
1:13:40
interested to know how, how mental health medication, which
1:13:49
is meant to, in some cases to, to, to create a balance, a
1:13:56
chemical balance, why you think that mixing that with marijuana
1:14:02
or meth is a positive? I didn't think you know what I'm
1:14:06
saying. That's the whole problem.
1:14:07
Like I let bad energies come in a bad vibe.
1:14:10
I'm usually good vibes, good energy and and that that's just
1:14:13
it's just one of my scene, like it's I've been away from so
1:14:16
long. Like I just think I just like, I
1:14:19
don't know, I just think I was just just not thinking.
1:14:22
It's just, it's just a bad decision.
1:14:24
It's just, it was stupid. Like it's, it's not even my
1:14:28
scene. Like I've been going so long for
1:14:30
that whole scene anyway, like. Where are you living?
1:14:33
I'm staying still my mouth like A26300 bar deal stable location
1:14:39
like probably one of the best streets and and you could go off
1:14:43
260th. I still help around.
1:14:47
We've been real close since my sister passed.
1:14:49
Like, you know, that was kind of big for the whole family and
1:14:54
they just had to repass just recently last month.
1:14:58
So I missed that every they had me up a couple of days.
1:15:01
That's probably why I had that, that episode with the anxiety
1:15:05
thing. So but I'm trying though, like
1:15:12
I'm, I'm I'm going to get it right.
1:15:14
If I, if I can get chance, like I've had a lot of positive
1:15:18
things. I got like 41 certificates of
1:15:21
stuff that y'all didn't even ask for Like I just got just just
1:15:24
trying to learn everything about me, about myself, about my
1:15:27
surroundings, like about mental health, about about diabetes,
1:15:31
about law, about care service, everything I can get my hands
1:15:37
on. Like I got like 41 of them.
1:15:38
I I gave like just just a whole bunch of stuff like just trying
1:15:45
to move forward. It's it's hard.
1:15:47
I had a rough life, you know, like, but I know that ain't no
1:15:50
excuse for nothing. But I mean, moving forward, I
1:15:54
can just tell you that it it's going to be positive energy
1:15:57
still like like the 18 months I can do another whatever the
1:16:02
courts tell me to do. Like even without the courts,
1:16:04
I'm going to do that. Like so many people didn't put
1:16:06
trust in me and put put faith in me.
1:16:08
Like they ain't used to do that. Like now they like they, they
1:16:11
kind of see like a difference. Like they they kind of believe
1:16:15
in me a little bit all. Right, Miss Smokey.
1:16:19
Yes, Your honor, Thank you. My client's been very concerned
1:16:23
about his future in light of his violations.
1:16:25
He realized it was a dumb mistake.
1:16:27
My understanding is he he thought he might be going to
1:16:30
prison. He use these substances before
1:16:34
he thought he was going to be going.
1:16:36
I've given the opportunity. I'm sure he he would change his
1:16:39
behavior. Then he indicates to me that he
1:16:42
will not be using drugs or substances in the future.
1:16:45
He will comply with his community control requirements.
1:16:49
We'd ask this court to extend his community can control, Your
1:16:52
Honor, not consider prison for him at this time.
1:16:55
He understands some additional local incarceration might be
1:16:57
part of his continued community control and other more stringent
1:17:02
conditions might be added as as as well, Your Honor.
1:17:05
But he does take care of his, his, his mother and he, we'll,
1:17:11
we'll follow the rules and, and regulations and we would ask the
1:17:15
court to take all of that into consideration.
1:17:18
Thank you. OK, I'm going to continue you on
1:17:21
community control and serve 49 days in jail with credit for 41
1:17:28
and you're going to comply with the the same terms essentially
1:17:31
as to continue with signature and stop, stop playing around
1:17:41
with the drugs and and in all aspects of your life.
1:17:47
Yes, Sir. Mr. Tompkins, anything else?
1:17:52
All right, that's it, 41 days. Your honor, to ask me to inquire
1:18:02
us to the court if it's possible to waive the the additional jail
1:18:05
time so that he can get back to his his life.
1:18:09
Judge, I keep that job. If I could like.
1:18:11
Judge. He didn't have a job yet.
1:18:13
OK, so listen. Let's just.
1:18:16
Stop saying you got a job. I got the job.
1:18:19
Why did sorry? 49.
1:18:23
Okey, Dokey, a little dispute there about a job at the end.
1:18:27
Good times. All right, let's go to go to
1:18:31
Judge Stevens, Say good morning to him.
1:18:33
What are? We doing today.
1:18:33
That's you. Judge, I'm.
1:18:36
Sorry. You're charged, as you probably
1:18:38
know, with the third degree felony of system.
1:18:43
Tampering. With physical evidence
1:18:47
intentionally and only concealing A firearm and.
1:18:51
This is 1/3. Degree felony which carries with
1:18:53
it up to 10 years in prison if convicted.
1:18:56
And Mr. Turkish, your attorney, go ahead.
1:18:59
Frank. Jed Weed.
1:19:00
I think we just recently got all of this play around this.
1:19:02
That was just Robertson. This is her initial appearance.
1:19:04
I've got to go over the. Case what are you asking?
1:19:07
For today due to my. Master, just we probably need to
1:19:10
reset it towards the end of Mason.
1:19:12
I would say a normal reset, but you're going to military.
1:19:15
Yes, Sir. We're about a month.
1:19:17
So two months you did. The last week in May.
1:19:21
That's fine. We're trying to move some stuff
1:19:25
before you leave. Yes Sir.
1:19:26
I'm working on everything. I'm not.
1:19:28
I'm not going to just leave. Sounds like you were about to
1:19:33
right into this. I get if he's setting that.
1:19:38
Thank you, Christopher Stelly. Stelly 2 cases once again the
1:19:48
movement here it's three states. 3 cases.
1:19:51
Stelly or goes to the next page. Yes Sir, this one does. 3 paces.
1:19:59
Hold on. Christopher Stelly.
1:20:01
Pause number 251642, evading arrest with attention with a
1:20:06
motor vehicle, 25 CR 1643 state jail felony of theft of a
1:20:11
firearm. And finally 25CR3126CR31A newer
1:20:18
case, state jail felony of unauthorized use of a motor
1:20:21
vehicle. So we've got 2 state jail
1:20:24
felonies up to two years in the state jail in each of those
1:20:27
cases, and a third degree felony up to 10 years in prison for
1:20:30
that one, 14 years collectively the defendant is looking at.
1:20:35
No answer in the. Courtroom on Christopher Staley
1:20:38
I asked the Baylor to call him of the hall for Christopher
1:20:40
Staley place, but she may not be present.
1:20:43
I'm looking at. I'm looking at a.
1:20:46
Federal indictment on this. Chill.
1:20:50
But why it is 18 USC 922G1? That's a firearm.
1:20:59
Prosecuted 100 of those as AUS chain.
1:21:01
That's why I read it out to 9th. It's actually 922 subpar G.
1:21:06
Yes, Sir. No answer there's.
1:21:09
No response, no response, according to the bailiffs call
1:21:11
outside, no response to the name being called here in the
1:21:15
courtroom. Defendant has failed to appear.
1:21:17
It was going to make some tentative findings based upon
1:21:22
whether he is in custody or not and what are his bonds on each
1:21:34
he's in custody. He's unable to be here in that
1:21:37
purchasing with any punishment for not being presently supposed
1:21:43
to be. But if he's not in custody, then
1:21:48
his bonds are revoked. In each of these three cases
1:21:50
such. As on the 1st 2 cases the bonds
1:21:54
of $15,000 each and on the third case it's $8000.
1:22:00
OK. Bonds are doubled and 1642 and
1:22:03
1643 from 15 to $30,000 and then 2631 you said it's 8008
1:22:10
thousand, it's double to $16,000 plus the defendant must have
1:22:15
AGPS device and he's on phone can find it except for purposes.
1:22:22
Of. Leaving to.
1:22:26
See his lawyer in the most direct route possible, to come
1:22:29
to court in the most possible, to get food or medical care in
1:22:34
the most direct possible. And he must also inform his
1:22:38
bondsman of his travels before he can travel.
1:22:47
John West thanks Brian Jose Rodriguez.
1:22:55
Jose Rodriguez. Please.
1:23:19
You, Jose Rodriguez, you were here with Mr. W, your attorney
1:23:23
and the state's attorney. I don't have to tell you this is
1:23:28
a serious offense. You're charged with the state
1:23:30
jail felony of solicitation of prostitution, which carries with
1:23:35
it up to two years in the state jail.
1:23:41
You know it's illegal. Don't do that.
1:23:44
And you don't know what is happening in those situations
1:23:54
when they when it's advertised, could be law enforcement like
1:24:02
they got you on this one. But nonetheless, do the right
1:24:08
thing so that the honest moral thing, you stay out of trouble.
1:24:14
Now Mr. W is here. What do you want to do today,
1:24:16
now? This is initial.
1:24:18
Because you can. Get about four weeks to go over
1:24:21
discovery. Get a resetting four weeks.
1:24:26
He's going to review this with you and see what direction this
1:24:29
is going to headwind. Kalaya, Mark.
1:24:35
All right, friends, let's go back to Michigan.
1:24:37
Judge Simpson. Either in the Michigan court
1:24:43
rules, other cases decided they're under.
1:24:44
To the extent that like does exist give favors, the court
1:24:48
will consent to hear the matter. Is this the first one in exam?
1:24:50
Yes, for that's called the case of the people versus Carla
1:24:57
Bristow on Your Honor Raymond football.
1:24:58
People. Bristow.
1:25:06
Yes. Oh, there she is.
1:25:09
All right, ma'am, you are before the court on a misdemeanor
1:25:15
citation that alleges that honor about October 12th, 2025, at the
1:25:19
location at 31 60 Laura Rd. that being the coal store that did
1:25:26
commit the offense of retail fraud in the third degree.
1:25:28
Do you understand the nature of that charge, ma'am?
1:25:31
Yes. That's a misdemeanor punishable
1:25:34
by up to 93 days in jail, $500 fine plus court cost.
1:25:37
Fine could be increased to three times the value of the property
1:25:40
taken. That's greater than $500.
1:25:42
That would become the maximum fine.
1:25:44
You understand that? Yes.
1:25:47
All right. First question I have for you is
1:25:49
do you wish to be represented by an attorney?
1:25:52
Yes. This is a public defender.
1:25:54
Case. Assistant Public Defender
1:26:00
Natalie Kate with an on behalf Miss Bristow.
1:26:02
We would waive any formal reading of the complaint.
1:26:04
My client stands mute and I would ask for an adjourned
1:26:08
pretrial date to receive a review.
1:26:09
Discovery please. Been a heavy wave, formal
1:26:12
reading, standing mute. The court will enter a not
1:26:15
guilty plea on her behalf. Pretrial in this matter will be
1:26:23
set for or 15th, 2026 Nine AM Grazer Invite indicates.
1:26:32
We'll set the. Defendants bonded $5000.
1:26:35
Personal recognizance Bond loader.
1:26:37
Standard conditions including no assaulted behavior or possession
1:26:40
of any weapons, ammunition or anything fast be a weapon
1:26:44
loader. No alcohol, recreational
1:26:46
marijuana or any illegal drugs. I will also order, ma'am, that
1:26:50
you are not to go to any Kohl's store in the state of Michigan.
1:26:53
You understand that? Is that a yes?
1:26:58
Yes. Anything for this?
1:27:04
Nothing for your honor. Thank you.
1:27:07
Thank you. Thank you, ma'am.
1:27:10
Thank you, I'm allowed to leave now.
1:27:13
Yes. Cool.
1:27:16
Court does call the case People versus Leandra Hardesty.
1:27:20
Good morning, Your honor. For the people, Good morning,
1:27:22
Your Honor. Dan Garrett, on behalf of Miss
1:27:24
Hardesty stepping forward, state your name Leandra.
1:27:26
Leandra Hardesty, sorry. Your honor, for random purposes,
1:27:30
we'll wait and you, please. Ben and Rain.
1:27:34
Oh, she has. Yeah, well.
1:27:36
Even better, I take all that back, Cara.
1:27:37
Fisher. All right, Mr. Cook and I've had
1:27:40
some discussions. We're asking for an adjourned
1:27:42
pretrial from his Hardesty to do some things behind the scenes.
1:27:45
So if Your Honor would give us four or five weeks to get those
1:27:47
things done, yes, maybe 4 weeks. And you can June. 3rd.
1:28:05
That seems like 8. That's like. 8.
1:28:10
Weeks. Six and five.
1:28:15
Four. That's that's it, right?
1:28:18
That's the perfect five. Yeah, it's.
1:28:24
OK. We thought you had a vacation
1:28:32
and then we that wasn't likely. Apparently I'm taking a month
1:28:35
off. I don't know.
1:28:36
May 6th you're telling 698 upon keeping you.
1:28:44
What was OK, sorry. We'll talk later.
1:28:48
Cortez called the case of the people versus Joshua Wara.
1:28:52
Morning are ready to code for the people.
1:28:54
Good morning, Judge Lawrence Margolis with Mr. Wara.
1:28:57
Josh, please unmute yourself and state your name.
1:29:00
Joshua Wara. How you doing, Mr. Wara?
1:29:04
Good and human, judge. I think I'm doing OK.
1:29:08
All right. Where are we on this case?
1:29:13
So this is I think a set for a competency hearing.
1:29:16
Today he was found competent. Mr. Cook and I are in
1:29:20
discussions for a global resolution.
1:29:23
Josh has several cases in this county and we're hoping to get
1:29:26
them all resolved. We're.
1:29:28
Asking. For two to I don't have do you
1:29:32
have me set for a comp hearing me?
1:29:35
7. I think it said as a pre trial.
1:29:38
I think the comp came in another case because I don't even have,
1:29:42
I don't have a report. OK, OK.
1:29:45
We'd ask for a short adjournment.
1:29:47
We're going to try to wrap everything up.
1:29:50
Josh is doing well. He did 2 short hot 1.
1:29:55
Will. April will April 15th work or
1:29:58
you need something like in I don't know what month she's
1:30:01
giving me like August. No, I'm kidding.
1:30:04
April 15th, I'm actually leaving town to go visit my daughter in
1:30:09
Spain. If anything, two weeks after
1:30:12
that would be wonderful. Or yeah, May 6th.
1:30:16
Will May 6th work? Apparently, that's the thing.
1:30:19
It will for me. All right.
1:30:21
May 6th, 2026, 9:00 AM. Thank you, Josh.
1:30:27
All right, Mr. Warren, take care of yourself, fella.
1:30:29
Thank you, Josh. Thanks, Josh.
1:30:32
We'll talk. Bye Court does call the case of
1:30:37
the People versus Paul Wilson and you.
1:30:39
Are able to cook for the. People.
1:30:40
Great. I'm Phil Simon.
1:30:41
I've been half of Watson, who's making his way to the podium and
1:30:50
state your name, Paul. Good morning, Your honor.
1:30:52
Good morning, Paul Watson. I haven't, I haven't said
1:30:58
anything. I, you know, honestly, I was
1:31:00
waiting for I, no, I, I was, I, I said to myself, there's Simon.
1:31:03
I'm not going to say anything bad going to.
1:31:07
I almost cautioned my client. I forgot that my my height would
1:31:10
be referenced today, or lack thereof would be.
1:31:12
For lack of height, yeah. Yeah, not.
1:31:14
Much diff Were you with painted G blue you would have looked
1:31:20
like a Smurf. But oh, what?
1:31:26
I don't even know why I went there.
1:31:28
I don't know. Anyway, you have a plea sheet in
1:31:34
front of you, Your Honor, I think we reached.
1:31:35
Your right I. Do police sheet indicates that
1:31:40
the defendant is going to be pleading no contest to the
1:31:43
charge of assault and or assault battery 93 day offense upon his
1:31:46
successful plea. That's the stated count.
1:31:51
It'll be pleading to the stated count.
1:31:52
The there's a sentence agreement prosecutors deferred with no
1:31:57
upfront jail. That's the court's full
1:31:58
understanding and be agreed. That's correct, Your Honor.
1:32:01
It is your honor. May I have any more OK?
1:32:04
Salomon, swear to affirm the testimony you're about to give,
1:32:06
to be the truth, the whole truth, and nothing but the
1:32:07
truth. Self be God.
1:32:08
I do. State your name.
1:32:09
Please. Good morning, Your honor.
1:32:11
Paul Wasson. Sir, it is this Court's
1:32:14
understanding that you're going to plead no contest to the
1:32:16
charge of assault and or assault and battery that is a
1:32:19
misdemeanor punishable by after 93 days of jail, $500 fine plus
1:32:23
court cost. Do you understand that, Sir?
1:32:25
Yes, Your Honor. All right.
1:32:25
Do you understand what a no contest for?
1:32:27
Yes, your Honor. All right, two things about it,
1:32:29
I have to make sure that you understand it first of all means
1:32:32
that you're not further desirous or wanting to contest this
1:32:35
charge. You understand that yes, Your
1:32:36
Honor. Second thing is, is that for
1:32:38
purposes of sentencing the court's going to treat you the
1:32:40
same as though you had pled guilty.
1:32:42
You understand that all right basis with a no contest for.
1:32:46
Potential of civil. Liability, Sir, to that charge,
1:32:49
how do you plead? No contested.
1:32:52
You understand that by pleading no contest you will not have a
1:32:54
trial of any kind signed in advisive rights form, is that
1:32:59
correct? Yes, Your Honor.
1:33:00
Any questions regarding any of those rights?
1:33:02
No, Your Honor, please look at paragraph 5.
1:33:04
You'll see a copy on the podium. Those are your rights which are
1:33:06
part of a trial. You understand that by pleading
1:33:08
guilty you'll be giving up or pleading no contest.
1:33:10
You're giving up those rights as well as all the rights.
1:33:12
On that form, yes, Your Honor. You understand you're giving up
1:33:14
your right to appeal of right? Yes, Your Honor.
1:33:17
Are you on probation or parole? No, no, Your Honor.
1:33:23
Has anybody? Promised you anything other than
1:33:25
what's stated here today on the record to.
1:33:27
Get you to plead, Oh, your honor.
1:33:29
Anybody threaten you or coerce? No, Your Honor, doing this
1:33:31
voluntarily enough, your own free will.
1:33:34
Yes, your Honor. Court has been provided and has
1:33:37
reviewed Pitchfield Township Department of Public Safety
1:33:39
report for their case number 25221 378.
1:33:44
Any objection to the court having reviewed that was No,
1:33:48
Your Honor. Based upon a review of that
1:33:50
report, the Court does find that there's a sufficient factual
1:33:52
basis in which the court could determine the penance guilt of
1:33:55
this offense. Sir, I do have to advise you
1:33:58
between the time of my acceptance of your plan, the
1:33:59
time of sentencing, if you commit misconduct as defined by
1:34:02
the Michigan Court rules, you would not be entitled to
1:34:05
withdraw your plea and the court would not be bound by any
1:34:07
sentence recommendation or evaluation.
1:34:10
And that's that's your honor. Counselor, are you aware of any
1:34:12
other promises, threats or other inducements which have led to
1:34:15
this plea? None.
1:34:16
From the people? None.
1:34:19
And have I complied with? The court hall, yes.
1:34:20
Your Honor. Yes, your Honor or we'll accept
1:34:23
the defendants plea of no contest to this charge.
1:34:27
Defendant is referred to probation for a pre sentence
1:34:30
investigation report. Sentencing in this matter will
1:34:35
be April. 29th that's all new. April 29th, 2026 noon What's
1:34:42
wrong with me? OK, bond with it.
1:34:45
Seditions will continue. Thank you, Your honor.
1:34:48
Thank you, Sir Makes you're welcome, Sir.
1:34:50
Make sure to stop down there probation there on the left hand
1:34:52
side me with your son. I'm sorry.
1:34:57
Nina, thank you for your $20 donation over at
1:34:59
courtroomfiles.com. Very much appreciate that.
1:35:02
Thank you so much. Mr. Chris E Toe, who is the
1:35:05
attorney of record for Mr. Snyder case.
1:35:08
State your name. Morning, Your honor, Meryl
1:35:11
Schneider case don't have any or problem with Mr. Simon.
1:35:16
Stan No, your Honor. All right as city Raymond way
1:35:20
formal readings Stan Muse and in way formal readings in court
1:35:24
will enter not guilty plea regarding the pretrial.
1:35:29
Your Honor, Mister East Oaks spoke with Mr. Cook.
1:35:34
He's requesting A lengthy adjournment so that my client
1:35:36
can. Get his stat.
1:35:37
Mr. Yousaf client can get his status hopefully remedied by the
1:35:41
time we return to court. That June date that I heard
1:35:45
announced earlier I think would work.
1:35:48
June. Well, I thought I heard a date
1:35:52
in June. I'm sorry, but that was kind of
1:35:58
an error. Whatever the court deems you.
1:36:02
How much time is he? Going to need to do it.
1:36:06
Yeah, I'm coming. About 6 well I mean did you will
1:36:12
it? Take all of that 4545 days he's
1:36:16
saying it would probably take. What was that date you gave us
1:36:22
wages for June what? June 3rd, 2026.
1:36:31
Any bond is set at 5:00. 1000. PR standard conditions including
1:36:38
no assault and possession of weapons.
1:36:41
Thank you. Thank you, honor.
1:36:43
Thank you, your honor. You're welcome all.
1:36:45
Right. Wait for me outside please.
1:36:48
Clerk. Calls gays people versus Ariana
1:36:50
banks versus public defender cost symbols on behalf of the.
1:37:00
Who's? Present by Zoom is banks.
1:37:01
Can you set your phone number for the record please?
1:37:03
Ariana Banks. You turn on your camera please.
1:37:08
Oh yes, sorry, is it on? I can't see.
1:37:16
You got it. No, we could see you.
1:37:18
Hello. Hi there is the pre trial on
1:37:22
this matter and we're going to be requesting an adjournment.
1:37:24
There is an offer. It's some time to finalize that
1:37:27
offer. Maybe.
1:37:29
Solutions. For about two weeks.
1:37:32
Retrial in this matter will be adjourned.
1:37:33
April 15th, 2026 9:00 AM. Bond will continue.
1:37:37
You said April 15th. Yes, ma'am.
1:37:40
OK. Thank you.
1:37:42
Thank you for Coast Case of the People versus Carlton Cross for
1:37:48
the people, said Public Defender Costa Melissa, on behalf of
1:37:53
Carlton Cross Patrickton. As I understand it, my client is
1:38:02
currently in treatment. We did send them over to Zoom.
1:38:05
Hello. Hello.
1:38:08
My name is Carlton Cross. He's here.
1:38:13
Thank you. You're.
1:38:14
Welcome. We're going to be requesting an
1:38:16
adjournment to track some other cases.
1:38:18
My client has to be dashed for a date past the 7th of April.
1:38:21
My client has the hearing with Judge Conky at that time.
1:38:26
He's why. Just track.
1:38:28
What's going on? With his felony cases so we just
1:38:30
asked for an adjournment for past April 7th.
1:38:36
I had a sobriety court is that they were trying to get him into
1:38:40
sobriety court. That's correct.
1:38:44
Trying to get into felony sobriety court or have this come
1:38:46
along or what are we doing? Information I have is he had the
1:38:51
hearing on April 7th with Judge Kunky and I believe the I'll
1:38:57
adjourn it to April 15th, 2026, 9:00 AM.
1:39:01
All right, Sir. All right, thank you, Judge
1:39:04
Simpson. Thank you, Sir.
1:39:07
Yep. There you go.
1:39:10
Court House case People versus Otis Elliott, Public defender
1:39:18
Costumable The defender. Otis Elliott.
1:39:21
Sir, can you state your name? Otis Elliott, Sir.
1:39:25
Thank you. What are we doing?
1:39:27
We're requesting an adjournment to get some hospital mitigation
1:39:31
mitigating information. What's my date after May 6th?
1:39:44
Yes, Sir. Sure.
1:39:46
Terry Sure. During the matter May 6th, 2020,
1:39:51
any abound continues. Oh, I didn't know you heard
1:39:58
that. I didn't.
1:39:59
I couldn't see you. I just, I didn't know I felt
1:40:02
unsafe for another Remo. And I felt.
1:40:06
Unsafe I just it was on your hands to do so or it calls the
1:40:15
case people versus Javon Foster. You're on agreement with.
1:40:19
People. Probably could under cross
1:40:21
symbol based on behalf. Bond Foster.
1:40:33
Hello. Hello.
1:40:37
Can you hear me? Yeah, we can hear you.
1:40:40
I'm sorry. See you.
1:40:42
We're good. What's your name?
1:40:44
Jovan Foster. Thank you.
1:40:46
What are we doing? John, are we requesting?
1:40:48
And bring it for good coffee. Go ahead.
1:40:53
We've. Not been able to contact Mr. Mr.
1:40:56
Foster, so I, I would like him to contact the public defender's
1:40:59
office and give us some good contact information.
1:41:03
Mr. Foster, can you take down this phone number and please
1:41:05
call them and update your contact?
1:41:06
Yeah, I got. I got.
1:41:07
It's, it's all of my stuff. Is, is, is still the same.
1:41:10
My phone was just off. I just paid my phone bill last
1:41:13
night. I'm sorry.
1:41:13
You can call them to make sure that they have the information.
1:41:16
OK, you got something to write down a phone number?
1:41:20
I got, I got the, I got all the information.
1:41:22
My phone was just off. I just had to pay my phone bill.
1:41:26
Oh. Understood.
1:41:29
Yeah, I literally just paid it last night.
1:41:31
I'm sorry you paid it last night.
1:41:33
Yes, Sir. So it's on.
1:41:36
Yes, Sir. All right, April 15th.
1:41:40
I'm good. Thanks on continue.
1:41:41
Thank you, Sir. Thank you.
1:41:44
All. Right, friends, let's change it
1:41:47
up. Let's stay in Michigan, but we
1:41:49
will go to Saint Joseph County. Say good morning to Judge
1:41:51
Middleton. Mr. Barnett will be with you in
1:41:59
a few minutes. Good morning.
1:42:07
Are you Devon Allen Martin? Yes.
1:42:10
This is file number 251308 FD. This started out in the original
1:42:21
complaint as a felony. FD is a felony designation
1:42:33
charged with operating with a high blood alcohol level,
1:42:36
operating with an incapacitating injury.
1:42:40
Let's look at the original charging document.
1:43:04
Thank you, all right. The original complaint alleged
1:43:11
that on June July 6th of 2025 in this case, which is. 2. 51308 FD
1:43:21
People versus Devon Martin. The defendant was charged with
1:43:26
operating while intoxicated causing a serious injury,
1:43:30
operating with a high blood alcohol level and reckless
1:43:34
driving. I don't believe there was an
1:43:39
affidavit that accompanied it. The felony charges were
1:43:46
dismissed and the drinking driving charge was dismissed and
1:43:51
the defendant ended up entering A plea to reckless driving.
1:43:56
Reckless driving is a misdemeanor.
1:43:58
It's punishable by up to 93 days in jail and a fine of up to
1:44:03
$500. It does carry a suspension of
1:44:06
sometimes 60 days, I think, and six points.
1:44:12
So the felony charge of operating with an incapacitating
1:44:17
injury was dismissed and the operating while intoxicated was
1:44:21
dismissed, Your Honor. Yes, he actually pled guilty to
1:44:24
operating with BAC, High BAC. All right, that's what I show
1:44:29
here, I guess. Let me look at it.
1:44:31
Thank you to Priscilla. So the settlement, thank you
1:44:43
resolve the I'm looking for the the judgment resolved the case
1:44:50
with a conviction, but the restitution was not negotiated
1:44:54
as a part of the plea agreement. The defendant was sentenced on
1:45:00
the eighth. Let me look for the judgment.
1:45:10
I had all this earlier this morning.
1:45:12
I was sentenced on the 5th. Of January.
1:45:15
All right, the 5th. I guess it was.
1:45:42
This e-mail to the Judgment. I've got it in here.
1:45:44
I had looked at it earlier this morning.
1:45:57
I could find it. Nothing's in order.
1:45:59
It's just all Willy nilly. At any rate, we had not did not
1:46:15
have the restitution information at that time and the issue had
1:46:20
not been resolved. So I reserved on the issue of
1:46:22
restitution. A few days later, on February
1:46:32
12th, we got the request for restitution.
1:46:38
So the sentence had been completed by reserved on
1:46:42
restitution. Another month passed before we
1:46:45
got the amended request for restitution asking for $4097.42
1:46:56
a floor Jack, jumper cables, prescription sunglasses, loss of
1:47:02
PTO hours $2710.72 worked on to make AC and car work shortly
1:47:12
before the accident. Mr. Gibson objects to paying for
1:47:18
a repair that preceded the accident and the tires that the
1:47:23
victim did not get the full benefit of, so I'm not sure how
1:47:28
that shakes out, but the request was for $4097.42.
1:47:33
If I'd had this information at the time of the sentence, I
1:47:38
would have dealt with it then. Or.
1:47:40
Hopefully it would have maybe been negotiated as part of the
1:47:43
plea, but we didn't have that, so the defendant objects.
1:47:49
Prosecutor is now requesting restitution of $4097 and $0.42,
1:47:58
and I can't just wave my magic wand and make that happen.
1:48:02
So we set it for a hearing. Anjuli Campfield is here on
1:48:08
behalf of the prosecutor. Looks like we may also have
1:48:11
additional witnesses. Miss Campfield, what's the
1:48:15
position of the state here? Oh yeah.
1:48:19
I know. The position of this state is
1:48:20
that the testimony will provide the court evidence that even
1:48:26
though there was some insurance recovery for the vehicle, it was
1:48:30
a total loss. The vehicle needed to be
1:48:32
replaced and as a result of that, some of the repairs to the
1:48:36
vehicle that were just prior to, inclusive of replacing and re
1:48:41
energizing an air conditioning system as well as placing new
1:48:45
tires on the vehicle were not fully realized because the
1:48:48
vehicle was then totaled. And as the court is aware,
1:48:51
insurance companies often do not pay the entire value of a
1:48:56
vehicle when they total it. They pay what they think is
1:48:59
appropriate and in this particular situation, I believe
1:49:03
it would be covered under in Ray McAvoy, 267 Mish.
1:49:07
App 55 at pages 77 through 88. The restitution is not just all
1:49:14
right. Well, give me the citation.
1:49:15
Give me the citation again. I'm sorry, 267 Mish app page 55
1:49:25
and then it's pages 77 through 78, 2005 case.
1:49:32
That said, it's not appropriate to order just what the insurance
1:49:36
company would have compensated them for the damaged property,
1:49:39
but rather the actual loss that was sustained by replacement
1:49:44
value. And obviously, if you're only
1:49:47
paid $3000 for a vehicle and you would like to replace it with
1:49:50
another Prius or another operative vehicle, in today's
1:49:54
market that is not going to suffice.
1:49:56
Well, this is a subject we teach at sentencing a new judge
1:50:00
school. This is an interesting question.
1:50:04
And that they're asking for pre-existing expenditures.
1:50:11
It isn't automatically the restitution is what the
1:50:16
insurance will pay for the car. The hypothetical example we give
1:50:22
is somebody's mother has a Mercury marquee that's in really
1:50:27
mint shape. She drives it back and forth to
1:50:29
church every Sunday and it's a 1997.
1:50:35
It's worth a lot of money to her.
1:50:38
It's ruined. The insurance company pays $1500
1:50:42
for it, and to replace it would be 7 to $10,000.
1:50:49
It's a question that comes up all over the state all the time.
1:50:57
In this case, I don't know. I don't know what the vehicle
1:51:01
was, how much it was paid for. Now some of the things are easy
1:51:08
to determine, things that were lost that were not recovered,
1:51:15
the Jack, jumper cables, prescription sunglasses.
1:51:25
I never had anybody ask for the cost of tire iron before.
1:51:29
Worked on to make the car before the accident. 55959 and 4000 for
1:51:37
$424.00. So there's a lot of money that
1:51:42
she's asking for for something that presumably would have been
1:51:49
part of the settlement on the car. 55959 plus 4/24/84 IS98443
1:52:08
or tires and ACI didn't see that one coming.
1:52:16
The other one is PTO Hours 2710. Your Honor, I can tell you that
1:52:25
the testimony regarding the PTO hours will be the victim's
1:52:30
father. It's my understanding that he
1:52:33
had to cash out his PTO hours in order to have enough money along
1:52:39
with adding in the insurance recovery in order to purchase
1:52:43
another vehicle for the victim to have to get back and forth to
1:52:47
work, the grocery store and and to do her daily living.
1:52:51
They just did not have those funds available without him
1:52:54
doing so. So that will of course, be a
1:52:56
decision of the court with respect to that.
1:52:58
I know the victims is absolutely recoverable.
1:53:01
There will be testimony from her about how.
1:53:03
Victims are. I'm not sure if her fathers are.
1:53:06
There'll be testimony from her loss of income as well as how it
1:53:11
affected her work. All right, well, let's get
1:53:17
started. This is going to take us a while
1:53:20
here. We didn't.
1:53:22
I, I guess I would say that we that we, I don't have any
1:53:26
information. On any of the.
1:53:29
Injuries that were sustained because I guess that's what I
1:53:32
guess where I see the request for restitution, but I we never
1:53:36
got any information about the like in a sense, what injury was
1:53:40
suffered from the accident that's made it where the person
1:53:43
couldn't work, I guess. The medical records were all
1:53:46
provided in the discovery of the underlying case runner.
1:53:49
Mr. Gibson has had those for quite some time.
1:53:52
The victim was taken to the hospital.
1:53:57
Yes, there's no hospital costs for anything in here.
1:54:02
Correct. All right.
1:54:07
Understanding those were covered by medical and or vehicle
1:54:10
insurance. I guess I apologize.
1:54:20
I, I do. We do have medical records.
1:54:22
I guess what I'm saying is that I didn't know what the well, I'm
1:54:25
just frustrated. I wish this had been negotiated
1:54:28
as part of the plea agreement. He got a sweet benefit of having
1:54:31
the matter reduced from a felony to a misdemeanor, and it could
1:54:35
have been conditioned on agreeing upon the restitution
1:54:39
amount. So we have 1/2 an hour scheduled
1:54:43
for about a three hour. Hearing.
1:54:46
And so we also have Mr. George. Is that the only one you have
1:54:51
this morning? Let's table this for a moment.
1:54:54
Let's finish Mr. George's sentence, and then we'll come
1:54:58
back to this. Yeah, or I'll shut the record
1:55:12
off. The live stream is on.
1:55:30
Okey Dokey will come back when they come back.
1:55:34
In the meantime, let's go. Let's go back to Judge
1:55:37
O'Donnell. Are you waiving that right?
1:55:41
Yes. Judge, if you go to trial, the
1:55:43
prosecutor will call witnesses to testify against you.
1:55:45
Do you understand the prosecutor must prove you guilty beyond a
1:55:48
reasonable doubt? At a trial, Yes, Judge.
1:55:51
After the witnesses have done testifying for the prosecutor,
1:55:54
you have the constitutional right to have your lawyer cross
1:55:56
examine those witnesses. Do you understand that right?
1:55:58
Yes, Judge. Are you waiving that right?
1:56:00
Yes, Judge. If you go to trial, you have the
1:56:03
right to have witnesses come here and testify for you.
1:56:05
Do you understand that right? Yes, Judge.
1:56:07
Are you waiving that right? Yes, Judge.
1:56:09
If those witnesses refuse to come to court, I'll issue an
1:56:13
order called a subpoena to make them come and testify.
1:56:15
Do you understand that right? Are you waiving that right?
1:56:19
You have the right to testify at trial if you want to.
1:56:21
Do you understand that right? Are you waiving that right?
1:56:24
You have the constitutional right to not testify at trial if
1:56:28
you do not want to. Do you understand that right?
1:56:31
Are you waiving that right If you decide not to testify at
1:56:34
trial, nobody is permitted to comment on that decision.
1:56:37
Do you understand that if you go to trial and you're found
1:56:40
guilty, you have the right to appeal the guilty finding?
1:56:42
Do you understand that right? Yes, yes.
1:56:45
Are you waving that right? Yes.
1:56:46
Yes. If you file an appeal, you have
1:56:48
the constitutional right. They have a lawyer represent you
1:56:50
in the appeal. Do you understand that, right?
1:56:52
Yes. Yes.
1:56:52
Are you waving that right? Yes.
1:56:54
If you could not afford to hire a lawyer, one would be provided
1:56:57
at no cost to you. Do you understand that?
1:56:59
Yes. Yes.
1:57:00
If you file an appeal, you're entitled to have a transcript of
1:57:02
all the hearings in this case. Do you understand that, right?
1:57:05
Yes, Sir. Are you waving that right?
1:57:06
Yes, Sir. If you could not afford a copy
1:57:08
of those transcripts, it'd be given to you at no cost.
1:57:11
Do you understand that? Yes, Sir.
1:57:13
If you plead guilty today, you will not have the right to
1:57:15
appeal the guilty finding. Do you understand that?
1:57:18
Yes, Sir. Do you have any questions about
1:57:20
any of these rights? No Sir, no judge.
1:57:22
Do you still want to plead guilty to this charge?
1:57:25
Yes, Sir. Do you understand?
1:57:26
By pleading guilty or fully admitting your guilt to the
1:57:28
charge. Yes, Sir, do.
1:57:30
You understand by pleading guilty to this felony that
1:57:32
you're voluntarily giving up your freedom for whatever period
1:57:35
of time I can sent you to prison, to jail, or to community
1:57:38
control. Yes, Sir.
1:57:40
The attempted favor to comply with the order or signal of a
1:57:42
police officer is a felony 5 It carries a 12 month maximum
1:57:47
prison sentence and a $2500 maximum fine.
1:57:51
Do you understand that? Yes, there.
1:57:54
Is is there? Does that driver's license
1:57:56
suspension apply? Not when it's a detective, all
1:58:00
right? Do you understand that if a
1:58:07
prison term is imposed in this case, you might have to serve a
1:58:10
period of post release control for up to two years under the
1:58:13
parole authority? If you are placed on post
1:58:16
release control and violate any conditions, the parole authority
1:58:19
could return you to prison for up to six months.
1:58:21
Do you understand that? If that violation is a new
1:58:24
felony, you could get an additional consecutive prison
1:58:26
sentence for the violation, do you understand that?
1:58:30
And if that were to occur, the maximum prison sentence for the
1:58:32
violation would be the greater of 12 months or the time left
1:58:35
under post release control. Do you understand that?
1:58:39
Do you understand that if a prison term is imposed, you are
1:58:41
eligible for judicial release? I could place you on community
1:58:45
control for up to five years, but if you violate any
1:58:48
conditions, I could send you to prison for 12 months.
1:58:50
Do you understand that? Has anybody promised you that I
1:58:53
would be lenient on you just because you're pleading guilty
1:58:56
today? No, judge.
1:58:57
Has anybody promised you what I will sentence you to in this?
1:58:59
Case No, judge. Do you understand I do not have
1:59:01
to follow the sentencing recommendation of either the
1:59:04
prosecutor? Or your lawyer.
1:59:05
Yes, Judge, Have you had enough time to talk with Mr. Volcano?
1:59:08
It's before pleading guilty today.
1:59:10
Yes, Judge. Has he discussed everything
1:59:12
about your case and answered all of your questions?
1:59:14
Yes, Judge. Are you satisfied with the
1:59:16
advice he has given? You.
1:59:17
I am Judge. Have you been threatened or
1:59:19
coerced in any way to plead guilty today?
1:59:21
No, judge. Are you freely, knowingly and
1:59:23
voluntarily entering your guilty?
1:59:25
Plea. Yes, Judge.
1:59:25
Do you have any questions at this point?
1:59:27
No judge all. Right miss cuts if the case went
1:59:29
to trial, the evidence show. Thank you your Honor.
1:59:32
Have this matter proceeded to trial?
1:59:34
The state would have proven beyond a reasonable doubt that
1:59:36
on December 16th of 2025, Manor Police Department was
1:59:40
investigating a hit skip report from the Ford dealership located
1:59:44
in Manor, Lake County, Ohio involving a white Hyundai Tucson
1:59:48
driven by Amy Funk. Her car was struck by a was
1:59:53
later turned via blue Dodge Ram that came back to the defendant
1:59:56
Darius Johnson and traffic stop was conducted State Route 2
2:00:01
eastbound east of Heisley Rd. where the driver and only
2:00:04
occupant was in fact the defendant Darius Johnson.
2:00:08
While speaking with police at the traffic stop, he was
2:00:11
attempting to get a copy of his insurance card.
2:00:14
The police went to look into other matters and to get him the
2:00:18
report number and said they would be back.
2:00:20
While they were dealing with other issues, defendant drove
2:00:23
away from the traffic stop without being told he was free
2:00:28
to leave. Defendant did later call the
2:00:31
police and indicate that he was willing to pay for the damages.
2:00:38
Video camera footage was able to be reviewed from the Ford
2:00:42
dealership as well. All this occurring in Lake
2:00:44
County, Ohio, and that would have been the state's evidence.
2:00:48
All right, Mr. Volcano, it's you have anything to add to those
2:00:50
facts? Not at this.
2:00:54
Time, Your Honor. Mr. Johnson, did you hear what
2:00:56
Miss Cuts said that the facts would show if this case went to
2:00:59
the trial? Yes, yes.
2:01:00
Are those facts true? Yes, yes.
2:01:02
What is your plea to the attempted fair to comply with
2:01:05
the order or signal of a police officer, a felony 5.
2:01:08
Guilty, Judge. All right, Mr. Volcanowitz.
2:01:30
So just date it there and then sign there.
2:02:13
Here I have received the written plea of guilty in judgment.
2:02:14
We have witnesses been and signed the document on the
2:02:16
court. Just got to sign what?
2:02:19
Can I? Send it.
2:02:20
All right. Mr. Johnson, is this your
2:02:22
signature on the written plea of guilty?
2:02:24
Yes, Judge. Did you sign it voluntarily?
2:02:26
Yes, Judge. Do you want me to accept your
2:02:28
written plea of guilty? Yes, Judge.
2:02:30
I'll accept the I will accept the written plea of guilty.
2:02:33
Defender was present with counsel advised of all of his
2:02:36
rights and annoying intelligent voluntary waiver.
2:02:39
He understands the nature of the charge and consequence of his
2:02:41
guilty plea and the maximum penalty.
2:02:43
Find out to be knowing, intelligent and voluntary.
2:02:45
I will accept the plea of guilty and find him guilty of the
2:02:48
attempted fair to comply a felony. 5.
2:02:51
I'll refer this for a presence report and victim impact
2:02:54
statement. Sentencing will be May 13 at
2:02:57
2:00. Bond is continued at $5000 cash
2:03:00
for short of your 10%. You are permitted to reside in
2:03:06
Cuyahoga if that's where you reside and you are permitted to
2:03:09
travel. Council tells me.
2:03:11
That you got a trip to Ocean City, NJ?
2:03:13
You can. You can.
2:03:16
You are permitted to travel for that purpose.
2:03:18
Any further missed cuts? No, thank you, Your Honor.
2:03:21
Mr. Volcano, it's anything. No, Your Honor.
2:03:24
Thank you. All right.
2:03:25
We're adjourned all. Right.
2:03:31
Councilor, you got the Okie Dokie friends.
2:03:34
Let's go back to Judge Middleton.
2:03:37
He's returned to the bench Which?
2:03:39
Case are you folks here on all right?
2:04:36
None. All right, let's pick up here
2:04:51
with people versus Samuel Robert Barnett.
2:04:55
File number is 26195, SM Mr. Barnett was charged with
2:05:02
domestic violence or domestic assault, entered A plea to that
2:05:06
matter, and the matter was set for sentencing for today.
2:05:11
The prosecutor did offer the deferred option for the
2:05:19
sentence. I wanted to get more
2:05:22
information, get input from the. Complaint.
2:05:25
Witness And so the matter was set for today.
2:05:31
In the meantime, that allegation came up regarding a bond
2:05:34
violation and that he made contact with the complainant on
2:05:47
March 5th in violation of the don't contact provision of the
2:05:51
bond. The defendant is here with his
2:05:54
lawyer, Mr. Timothy George. Also, Joshua Bear and Abigail
2:06:00
Stole are here for the prosecutor.
2:06:04
Are we going to continue with the original plea, with the
2:06:07
sentence, with the original plea, with the deferral?
2:06:10
Yes, you are. And then regarding the bond
2:06:12
violation, what's our status with that?
2:06:15
Who dismissed the bond violation of this time?
2:06:17
We feel like the dependent being placed on that kind of intensive
2:06:22
DV probation that the court typically orders in one of these
2:06:25
cases will safeguard the victim and that no contact order will
2:06:29
be in place. And speaking with Mr. George, it
2:06:31
sounds like his client agrees wholeheartedly that that no
2:06:35
contact should be in place. All right, Mr. George, what
2:06:41
would you like me to know regarding the sentence?
2:06:43
Well, and I know we started last week a little bit around her,
2:06:46
but I think the court can get a a sense of there's a lot of
2:06:51
animosity between the two parties in this case.
2:06:55
I know that the court's position and your admonishment of my
2:06:59
client last week, I think really had a significant effect on
2:07:03
them. You know, he understands how
2:07:05
seriously this court is when it gives orders and it's going to
2:07:09
be incumbent on my client moving forward.
2:07:12
If the court were to put him on a probation to follow those
2:07:14
orders, we would stipulate that the no contact order stay in
2:07:17
place. You know, based on some of the
2:07:20
things that have happened over the past month or so, I think
2:07:23
that that would be appropriate. It would also give, you know,
2:07:26
the victims some ease regarding any type of communication with
2:07:29
my client going forward. And my client just needs to
2:07:32
focus on himself and his family and his treatment and make sure
2:07:35
that something like this doesn't happen again.
2:07:37
So, you know, we would ask the court to follow the terms of the
2:07:41
plea agreement. I don't believe my client has
2:07:42
any type of criminal history that bar him from the deferred
2:07:45
probation. Believe he could use it.
2:07:48
He's still very young. There's very young kids that are
2:07:52
involved in this case. So my client's going to need to
2:07:55
find some tools to cope with some of the issues that he's
2:07:58
having and I think this probation would offer him.
2:08:01
So we'd ask the court to follow the plea agreement to put him on
2:08:03
the domestic violence. For probation.
2:08:05
Thank you. All right, Mr. O'bear, what's
2:08:17
your position? We asked the court to follow the
2:08:22
plea agreement, place them on that probation order, the no
2:08:25
contact order, some type of DV or anchor management as part of
2:08:29
that probation so that this is a situation that does not repeat
2:08:35
itself. All right.
2:08:40
One of the things I adjourn this for is I want to hear from
2:08:43
Angelica Burke. And she's here, she can address
2:08:46
the court if. You'd like.
2:08:49
And the further complicated things, The parties don't have
2:08:51
any contact, but she's pregnant and he's married to someone else
2:08:57
and she's got his child and there's a lot of animosity.
2:09:03
Miss Burke, would you come forward if you wish to?
2:09:06
You don't have to if you don't want to, but I'd like to at.
2:09:09
The podium where? She can take mine.
2:09:10
Take your spot. All right.
2:09:20
Thank you for being here. You're Angelica Burke.
2:09:24
All right, This all happened on a very bad day in February.
2:09:32
Dan Samuel got arrested. It was all at the Tower Motel, I
2:09:37
think, wasn't it? Broke tobacco and dumped beer.
2:09:43
And anyway, what would you like me to know?
2:09:54
So honestly, I don't know. I don't know what to say.
2:10:01
Well, let me ask a couple questions.
2:10:03
You're getting prenatal care for your baby.
2:10:08
Is that yes? Yeah.
2:10:09
Where's your doctor? Kalamazoo, MI.
2:10:13
OK, what's your due date? August 24th.
2:10:18
And so at this point, you're going through all your prenatal
2:10:22
stuff by your at least without Samuel being involved in it.
2:10:27
Is that true? Yes, All right.
2:10:30
And he's going to be the father of this child which is going to
2:10:32
be born in August. And that's rough all the way
2:10:37
around, not to mention for the child.
2:10:40
But at this point you don't wish to have any contact with them,
2:10:43
is that true? Correct.
2:10:49
And one thing I wasn't clear completely on was he intoxicated
2:10:58
when this happened? Tell me about that.
2:11:03
He was got off work come like he was gone all day.
2:11:07
You know, he even told me he was joking and he I had a feeling
2:11:13
that he was going to come home drunk.
2:11:15
And that's exactly what happened.
2:11:17
He come home drunk. Well, he also drove home, didn't
2:11:20
he? Yeah.
2:11:21
So he drove home drunk, correct? Yes.
2:11:25
All right, go ahead. He had also was driving in
2:11:32
Constantine. You know, people have seen them
2:11:34
over there. Or the problem with that is his
2:11:37
PBT was .00 when the state police pulled them over.
2:11:44
So I'm not sure what that's about, but that's why there was
2:11:48
no drunk driving component to this.
2:11:52
But go ahead. I mean, honest, I think it might
2:12:00
have not been alcohol. I mean, I know it was alcohol,
2:12:02
but I think he's on drugs. OK.
2:12:08
What's your plan moving forward? Do you have do you have other
2:12:11
kids? I just have my nine month old
2:12:14
and then this one and then I'm working on They found me a place
2:12:20
to go. Now is he's also the father of
2:12:23
the nine month old. All right, So this is a rough
2:12:27
gig. You're going to have two kids
2:12:29
and he's the father and he's married to somebody else and we
2:12:36
got a no contact provision. All right, what the prosecutor
2:12:44
is proposing is that I put him on the most intensive domestic
2:12:49
violence probation that we have. He will do the domestic violence
2:12:54
treatment program. He will not be allowed to drink
2:12:57
any alcohol or use any drugs. I will test his blood or urine
2:13:02
periodically to make sure he isn't using drugs or alcohol and
2:13:07
he isn't have any contact with you until I say so.
2:13:11
If you wish to lift the no contact provision, I can do
2:13:16
that. If he successfully completes all
2:13:19
that, the charge would be set aside as a public record of
2:13:23
conviction. So he contacted you in violation
2:13:29
of the bond. The prosecutors willing to drop
2:13:31
that. If he does it again, I'm going
2:13:33
to put him in jail and I've got up to 93 days to work with.
2:13:41
So no drugs, no alcohol testing, no assaulting behavior, no
2:13:47
contact with you. And I'm going to send him to the
2:13:50
domestic violence treatment program.
2:13:53
That's what the prosecutor is requesting.
2:13:56
So that's what that's where we're headed.
2:13:59
So you stay right where you are. Mr. Barnett.
2:14:05
I usually give the defendant the last word.
2:14:07
Probably the less you say you're the better.
2:14:09
But is there anything you wish to tell me?
2:14:18
All right, I'm glad everybody is here.
2:14:21
This is a contentious situation and is not easily resolved
2:14:31
because to some extent you guys are stuck with each other for
2:14:33
the next 18 years. But I don't want to use any
2:14:40
drugs. I don't want to use any alcohol.
2:14:42
I don't want any salty behavior. I'm doing a 24 month probation.
2:14:53
I did one day in jail. I'm going to do 61 days in jail.
2:14:57
Credit one of the 61 days, 60 are deferred.
2:15:04
So I got at least 60 days hanging over your head and I've
2:15:06
got 93 days that I can use to make the fine.
2:15:10
Zero. You got enough other stuff to
2:15:12
pay. There's a $75 crime victims
2:15:16
rights fee, a $50 state minimum fee, $150.00 attorney fee, $960
2:15:24
probation oversight fee. If you do this in one year, the
2:15:29
statute says if you do a good job on probation, you're
2:15:32
entitled to reduced half. So if you can do it within one
2:15:36
year, it'll save you $480 and you're gonna pay for the class.
2:15:42
I'm doing the full DV class. No assault or threatening
2:15:50
behavior, drugs and alcohol testing as directed.
2:15:55
No contact. You can contact the probation
2:16:01
department at some point if you wish to have us lift no contact
2:16:08
provision A while He's on this probation, he's not to have any
2:16:15
contact with, you know, telephone calls, no texts, no
2:16:19
emails, no Facebook, nothing, which is rough because you're
2:16:27
about to have a child and you have another child.
2:16:31
You're very irresponsible in that regard.
2:16:33
But you got a nine month old and another one on the way and
2:16:40
you're married to somebody else and all the way you're going to
2:16:45
get support issues and this isn't great.
2:16:50
Anyway, if I can get you through the domestic violence class and
2:16:53
keep you drug and alcohol free for a year, maybe we're off to a
2:16:57
good start. I'm assuming you don't receive
2:17:06
any child support or financial assistance from him?
2:17:09
Not. Yet.
2:17:19
All right, this is not great. We'll do the best we can.
2:17:28
Mr. Barnett, I got 60 days hanging over your head.
2:17:32
The prosecutor agreed to dismiss the one bond violation knowing I
2:17:37
got 60 days to hang over your head and I won't take much for
2:17:43
me to impose it. So I want you to comply with the
2:17:46
terms of your bond and I mean of your probation.
2:17:49
And if you complete the probation, the charge will be
2:17:51
made non public. Are you working somewhere?
2:18:01
I'm getting ready to. I have an interview today at
2:18:03
Elwood after I leave here. All right.
2:18:19
I want you to take this, Tim. I'll have you take it.
2:18:21
Yes, Sir. We're getting you.
2:18:23
Plugged into probation. In fact, why don't you guys
2:18:26
leave first? I don't want you to have a
2:18:28
confrontation with him out in the hallway or the parking lot.
2:18:32
So you guys are good to go. If you have questions or
2:18:36
concerns, call the prosecutor's office or the probation
2:18:40
department and we'll address those.
2:18:47
Thank you. Thank you.
2:18:52
All right, Mr. Barnett, I want you to hold up your end of the
2:18:55
deal and we'll see what we got. Thank you.
2:19:06
All right. Thank you for your patience.
2:19:08
I'll stop the record and then we'll get back into our
2:19:10
restitution hearing, you know, which is kind of like you're
2:19:17
like a legal argument. Maybe I should see a PTO.
2:19:28
And if you take away the PTO that even he agreed to
2:19:32
everything else but it seems like he might.
2:19:35
Well, that's the old one. Right, that doesn't have.
2:19:37
The the thing about the tires she she attached.
2:19:41
A receipt for those. Tires, and they were purchased
2:19:43
like in December, so she would have had those tires for seven
2:19:46
months before 7:00 or 8:00. Months, but I guess.
2:19:52
Present those things and see what he determines immediately.
2:19:56
But these items were in the. Vehicle.
2:19:59
And not recovered. Couldn't could be insured if she
2:20:02
got if she got PRP benefits. Can the insurance companies see
2:20:06
him? Can they come after him?
2:20:07
For this and. We can make him do that and she
2:20:12
can recover it criminally. Right, right.
2:20:14
But I'm saying. It's just the easiest problem is
2:20:18
to have it done. I mean, if he wants to just
2:20:31
agree to the things that are in the car, I can just.
2:20:36
OK, friends, we're a couple minutes in the Way Back machine
2:20:39
here with Judge Middleton, but I want to stay with him because
2:20:42
that restitution hearing that was started before he walked
2:20:47
away is getting continued. So I'm just going to bump us
2:20:51
forward here a little bit and then get that wrapped back up.
2:21:00
How's this? Your Honor, after some further
2:21:06
conversation with counsel, it's my understanding that we'll be
2:21:10
able to limit the testimony to matters and dispute.
2:21:13
But at this time the defendant would stipulate to restitution
2:21:18
for the floor Jack of 6995, the jumper cables of $31.78, the
2:21:27
prescription sunglasses for $273, and the tire iron for
2:21:33
$27.54. So that's a total of $402.27.
2:21:41
And then we'll have to present testimony as to the other
2:21:44
expenses. All right.
2:21:47
Are you prepared to do that? Of course.
2:21:49
Mr. Gibson, you agree? And Mr. Martin, you agreed the
2:21:53
restitution on those items. Yes, Your Honor.
2:21:56
All right. And the defendant did indicate.
2:21:59
All right, let's proceed. Thank you, Your Honor.
2:22:02
We'll call Miss Kayla Shockley to the stand.
2:22:07
Please come forward if you would come right up here in the
2:22:14
witness box. I'm sorry we didn't give you
2:22:16
very good instructions. Oh, wait a minute, Instruct
2:22:25
people how to bring their witness from there to here.
2:22:27
And we kind of got off track here.
2:22:30
Would you please raise your right hand?
2:22:32
You swear or affirm? Any testimony you're about to
2:22:35
give here will be true to the best of your knowledge and
2:22:38
belief. I.
2:22:39
Do all right, Would you have a seat and state and spell your
2:22:42
name for me? I am Michaela.
2:22:47
Shockley. You said spell.
2:22:51
Go ahead, spell. It let's.
2:22:54
Spell MICHAELASHOCKLEY Good morning, Miss Shaklee.
2:23:04
I'm going to take you and back to July 5th of 2025.
2:23:08
Ma'am, do you recall that day? I do.
2:23:11
And the evening time at approximately what would be 11
2:23:18
thirtyish. Were you driving your vehicle?
2:23:21
I was. Where were you driving your
2:23:23
vehicle? I was driving home after work on
2:23:27
what Rd. Ma'am?
2:23:29
US 131 and was that within Saint Joseph County?
2:23:32
Ma'am? It was.
2:23:34
And as you were driving home from work, did something unusual
2:23:37
happen? It did.
2:23:39
Were you involved in a motor vehicle accident?
2:23:42
I was. What was the vehicle you were
2:23:44
driving at that time? A 2013 Model 4 Prius.
2:23:51
What was the color on? Navy blue?
2:23:54
Can you tell me what special things a model Thor has in it
2:23:58
that maybe some other Prius models do not?
2:24:01
It has a backup camera, it has a navigation system and hands free
2:24:16
enhanced breaking. You said hands free mode.
2:24:19
Oh, hands free. Thank you.
2:24:24
All right. And as you were driving home
2:24:26
that night on July 5th of last year after the accident, was the
2:24:31
vehicle operable? It was hot.
2:24:33
Would you recollect how it looked after the accident if you
2:24:38
saw photographs of saying I would?
2:24:46
May I approach your Honor? Yes, I'm going to show you
2:24:49
people's proposed Exhibit 1 and for the record, all the people's
2:24:52
exhibits. Have been shown to the defense.
2:24:55
Do you recognize that photograph, ma'am?
2:24:57
I do. Is that your vehicle?
2:25:00
It is. Is that subsequent to the
2:25:02
accident that you were involved in?
2:25:04
It is. Is that the accident that the
2:25:06
defendant was convicted for drunk driving?
2:25:09
It is right. And I'm going to show you
2:25:12
people's proposed Exhibit 2, first of all, Exhibit 1, can you
2:25:18
tell me which portion of the vehicle that shows Yes, that is
2:25:23
my trunk from where he impacted And Exhibit 2, do you recognize
2:25:29
that, Neil? I do.
2:25:31
What is that a picture of that is the left hand side, the
2:25:35
driver's side of my car. All right.
2:25:39
Were you seat belted at the time of this accident?
2:25:43
I was and let me ask. You when you.
2:25:46
Were subsequently removed from the view.
2:25:49
Were you able to get out of the vehicle on your own?
2:25:51
No. When you were removed by medical
2:25:54
personnel, were you able to see the exterior of the vehicle?
2:25:58
No, because I was very dizzy from hitting my head.
2:26:01
All right. Did you subsequently see your
2:26:03
vehicle as depicted in the conditions and proposed Exhibits
2:26:07
1 and 2? I did.
2:26:08
OK. Do those accurately depict how
2:26:11
it looked after the accident? It does.
2:26:14
OK, move for admission of exhibits one and two, Your
2:26:16
Honor. Any objection, no objection
2:26:19
right one and two may be received.
2:26:21
May I ask you, Miss Shockley, where your airbags deployed in
2:26:25
the previous minister? Yes.
2:26:28
Can you tell me if there was just one impact by the defendant
2:26:32
or more than that? It.
2:26:34
Felt like to do you recall, and I know that you said you were
2:26:40
busy. Did you strike your head?
2:26:42
I did. And did you have medical
2:26:46
treatment after the accident? I did.
2:26:48
What type of medical treatment did you have?
2:26:51
I had ACT scan due to the fact that I have a spinal fusion from
2:26:56
a previous accident in 2018 that left me with missing intestines
2:27:01
as well. And so I'm a priority CD scan
2:27:08
for my spinal fusion if I'm involved in a serious accident.
2:27:13
And I also received pain medication from due to my the
2:27:17
severity of my sprained shoulder and my the pain for my head.
2:27:23
OK, let's go over your injuries and you said you had a sprained
2:27:28
shoulder. Yes.
2:27:29
Did you have to have? These are all good arguments
2:27:34
about why this matter should not been reduced from a felony to a
2:27:37
misdemeanor, but I'm trying to 0 in on the restitution.
2:27:45
These are compelling arguments. I think a jury would have
2:27:48
enjoyed hearing all this, but they don't go to our money
2:27:55
issue. Your honor, they're going to go
2:27:57
to a request of this victim for three days of lost pay.
2:28:01
OK, well you could just ask did you lose because of your medical
2:28:07
treatment? Did you lose 3 days of pay?
2:28:09
Certainly, Your Honor, you had, you said a head injury and a
2:28:14
shoulder injury, is that correct?
2:28:16
Were you able to work immediately thereafter?
2:28:19
I was not. I had severe whiplash and could
2:28:21
hardly move the next day after. How many days were you off from
2:28:24
work? If you do not include my already
2:28:27
2 scheduled days off, I would have been off a total of 5 days.
2:28:31
Where do you work? I work at Wagner's grocery store
2:28:34
in Mattawan. I am the night manager.
2:28:39
What is your rate of pay as the night manager at Wagner's at
2:28:42
that time, 1470? 3.
2:28:47
When you say that, is that 1473 per hour?
2:28:50
Yes, and on those five days would you have worked an 8 hour
2:28:56
shift each day or do you work overtime as a manager?
2:28:59
I work an average. Of.
2:29:03
Two hours of overtime a week, All right, So for those five
2:29:07
days and the overtime, would you have been approximately 42
2:29:10
hours? Yes, and that was lost due to
2:29:14
the injuries from this accident. Now with respect to that, your
2:29:19
1473 is your normal, normal hourly rate.
2:29:23
Is there an additional compensation for the two hours
2:29:26
of overtime? Yes, it is time and 1/2.
2:29:32
Thank you. So that would have covered two
2:29:35
hours and then the regular rate for 40 of those hours.
2:29:38
Is that accurate? I'm sorry, is that yes, yes, all
2:29:43
right, sorry. Because we're having you testify
2:29:46
sometimes, although we're making a video of it, they they don't
2:29:49
need to transcribe it later. So we need verbal responses if
2:29:52
you can recall. I appreciate that, thank you.
2:29:56
Did you have any items other than what have already been
2:29:59
stipulated to within the vehicle that were not recovered or paid
2:30:03
for by insurance? I did.
2:30:05
What were those things? I had.
2:30:09
A snow brush that was personal to mine to myself, a couple
2:30:17
items of clothing that were in the car as well and some lip
2:30:23
balm and other like pens and miscellaneous items.
2:30:27
Are you seeking compensation for those items?
2:30:30
I have not. OK, Now, was there an insurance
2:30:35
claim made on this vehicle? I was.
2:30:38
Was it registered in your name or someone else's?
2:30:41
It is registered in my father's name and his name.
2:30:43
Please Ralph Shibler and I'll have Mr. Shibler testify.
2:30:53
But if you'll recall prior to this accident, was there any
2:30:58
maintenance that was done on the vehicle in close time to the
2:31:02
accident in July of last year that was necessary to to keep it
2:31:08
operable and and working well and safely?
2:31:11
At the beginning of June, we had the air conditioning redone due
2:31:15
to the fact that it went out over the winter and we had, I
2:31:20
believe, December. We had the tires replaced.
2:31:30
Do you recollect about how many miles you would drive in a week
2:31:35
on those replaced tires? I can't do a large bath in my
2:31:48
head unfortunately it's I drive an average of 32 miles a day.
2:31:53
To to. To work and then 32 miles home,
2:31:59
all right, and you work about five days a week.
2:32:02
Yes. You would have had some small
2:32:07
errand miles on it for grocery store things of that nature.
2:32:12
Do you believe that at the time of the accident, the tires that
2:32:15
had been replaced in December still had a decent tread on
2:32:18
them? If you know from the when the
2:32:21
air conditioning was worked on, they told us that our tires were
2:32:24
perfect. Did you have to have any
2:32:35
subsequent medical treatment for your whiplash and sprain
2:32:39
shoulder or a cost of any pain medications that were not
2:32:43
covered by any insurance? No, I did not.
2:32:55
Thank you, Miss Shockley. Nothing.
2:33:14
So as far as your work, when you get paid, do they take out money
2:33:24
toward taxes or other deductions?
2:33:27
They do. So your after tax earnings would
2:33:32
be approximately 85% of what your earnings are.
2:33:36
Is that correct? Yes.
2:33:57
Did you after this accident, did you get in touch with your
2:34:04
insurance company? My father did.
2:34:09
Did you receive some type of insurance benefits as a result
2:34:15
of the accident? We did, yes.
2:34:18
Did you get what could be called?
2:34:23
Did you get compensation for lost wages through your
2:34:26
insurance company? No.
2:34:37
Do you know why you didn't get those?
2:34:40
I do not. So was the car totaled?
2:34:54
It was. And so do you.
2:34:58
Did your father get, I guess you could say, a payout for the cost
2:35:04
of the car or the value of the car?
2:35:08
No, it didn't get equivalent to the value.
2:35:11
Of what? The car.
2:35:11
Was. Was the did the insurance
2:35:16
company get? Did he get any benefits as a
2:35:20
result of the accident then? We got some.
2:35:25
Restitution. Was the.
2:35:48
I have no questions. Miss Shackley, did the vehicle
2:35:58
insurance cover the floor Jack? I did not.
2:36:02
The jumper cables, I did not. Did it cover the prescription
2:36:05
sunglasses? No.
2:36:06
Did it pay for the tire iron? No, I did not.
2:36:09
And just to rehash this, did the insurance give any wage loss for
2:36:16
those five days that you were out of work?
2:36:23
Do you recall in receiving any of that or is that a better
2:36:25
question for your father? Actually, I think I did.
2:36:32
Dan, I did. I received some of do you know
2:36:40
if it's a reduced amount such about like 83% or so?
2:36:45
The insurance company did not communicate that to us.
2:36:47
Whether or not no further questions from him.
2:36:58
Thank you, Miss Shaw. I'm sorry I had to go through
2:37:00
all this. You may step down.
2:37:07
Your honor, I'll call Ralph Schimler to the stand.
2:37:20
Good afternoon or good morning, Mr. Shibler.
2:37:23
You swear to affirm any testimony you're about to give
2:37:25
in this matter will be true to the best of your knowledge and
2:37:28
belief. All right.
2:37:31
I want you to have a seat. Spell your last name for us.
2:37:34
Shibler is spelled SHIB as in boy LER.
2:37:38
Thank you. Good morning, Mr. Shibler.
2:37:43
I'm going to take you back to July 5th of 2025, Sir.
2:37:48
Your daughter was involved in a motor vehicle accident, is that
2:37:51
correct? At the time she was driving a
2:37:55
2013 Prius Model 4. Is that vehicle registered and
2:38:00
owned by you? All right.
2:38:04
Just prior to that accident on July 5th of 2025, had there been
2:38:09
some reparations or maintenance done to keep the vehicle safe
2:38:15
and operative? Yes.
2:38:17
The air conditioning had went out over the winter and so it
2:38:21
had to be overhauled and recharged.
2:38:23
All right, we could have that done.
2:38:25
May I approach, Your Honor? Did you provide my office a
2:38:29
receipt for that? Yes, I did.
2:38:31
And would you recognize it if you saw it again?
2:38:33
Yes. So I'm showing you people's
2:38:35
proposers exit at 5. Do you recognize that document,
2:38:39
Sir? Yes, I do.
2:38:41
And is that the receipt for the air conditioning reparation that
2:38:44
you were just Speaking of? Yes, it is.
2:38:46
And that was done at what date? It was done on the exact date of
2:38:51
5/19. All right.
2:38:52
Of 2025, Sir, Yes. So it would be just about a
2:38:56
month and a half prior to the vehicle accident.
2:38:58
I get that. And did the insurance company
2:39:02
compensate you at all for having had this air conditioning unit
2:39:06
work done OK? Did you make a claim to
2:39:09
insurance that included? That.
2:39:10
I tried but they denied it OK. And has this been changed in any
2:39:15
other manner from when you provided it other than the
2:39:17
exhibit sticker being added? Nope.
2:39:20
I'm going to move for admission of Exhibit 5, Your Honor.
2:39:23
Any objection. No objection for Exhibit 5 May
2:39:27
be received. Thank you, Your Honor.
2:39:29
I'm going to show you also your your daughter and the Shockley
2:39:32
have testified about some new tires on the vehicle about
2:39:35
December 24, about six months or so prior to the accident fare.
2:39:42
Did you pay for those tires, Sir?
2:39:44
And did you have a receipt that you provided in our office as
2:39:47
well? Would you recognize that if you
2:39:49
saw it? I'm going to show.
2:39:50
You people's proposing exhibit. 4 Do you recognize that, Sir?
2:39:54
Yes. Does that contain the receipt
2:39:57
for the tires that you put on the Prius prior to the accident?
2:40:00
Yes it does. And is it accurate but for the
2:40:05
admission of the exhibit sticker?
2:40:07
Yes. And what date were those
2:40:10
purchased? Those were purchased on my
2:40:12
birthday. 12 five. Well, happy late birthday, our
2:40:16
Irving birthday for this year. All right.
2:40:19
And has it been modified at all? No.
2:40:21
All right, move for admission of Exhibit 4, Your Honor.
2:40:25
No objection part number 4 is also admitted.
2:40:30
So, Mr. Schiller, when they went in for the air conditioning to
2:40:33
be refurbished or repaired in May of 2025, did they take an
2:40:39
overall look at the vehicle to ensure everything else was
2:40:43
operative and safe? Did that include an inspection
2:40:47
of the tires? Were the tires in still a
2:40:52
relatively pristine or unused condition?
2:40:55
Let me ask you, when you purchased them in December of
2:40:58
the prior year, were they new? OK.
2:41:01
So there'd only been several 1000 miles over those six months
2:41:04
placed on that tire. Did the insurance company
2:41:09
compensate you for the new tires that were lost during the
2:41:12
accident? Let me ask you, Sir, do you know
2:41:16
what the approximate blue book value of the Prius was around
2:41:21
the date of your daughter's accident?
2:41:23
It's depending on conditions between 14 and 15/9.
2:41:35
When all was said and done with the insurance, well, who's your
2:41:38
insurance company? At that time it was Pioneer
2:41:40
Mutual. What type of insurance did you
2:41:45
have on the vehicle? Full coverage, so comprehensive
2:41:48
as well as PLPD. No, that's not full coverage.
2:41:55
Comprehensive and PLPD is different than full coverage.
2:42:01
So you had full coverage on the vehicle.
2:42:04
Good for you. Thank you, Judge.
2:42:06
Now, when you submitted the claim for your daughter
2:42:10
Michaela's accident, did Pioneer pay you out on the vehicle?
2:42:16
Yes. Did they choose to total the
2:42:19
vehicle? Yes.
2:42:20
What was the total payment that you received?
2:42:23
I. Believe it was 3900.
2:42:28
When was that paid to you? It was paid towards the end of
2:42:32
July. Now there were some questions
2:42:39
that we asked Miss Shockley regarding wage loss
2:42:42
reimbursement. Do you recollect any claim being
2:42:46
made for her wage loss to the insurance company Pioneer?
2:42:51
I don't recall it, but I think she's right.
2:42:53
I think they did give her like a $300 check or something like
2:42:56
that. OK.
2:42:59
I think they covered like 2 days.
2:43:07
Three days. So of the five days that were
2:43:13
lost, you believe insurance only covered three of them?
2:43:22
And we'd already asked some of this to Miss Shockley.
2:43:25
But the items that are being agreed to by the defendant, the
2:43:29
tire iron, the Jack, things of that nature, didn't insurance
2:43:32
give you any compensation towards those items?
2:43:36
They didn't cover any of the contents of the car.
2:43:38
All right, now obviously $3900 is a lot less than the Blue book
2:43:45
values you stated of 14,000 to 15900, correct?
2:43:52
Did you have to get another vehicle for Miss Shackley to be
2:43:55
able to drive to and from work and in her daily living?
2:43:59
Do you recollect what vehicle you purchase to replace the
2:44:03
Prius that was damaged by the defendant in total?
2:44:06
A 2013 Prius Model 2. So the same year it was still a
2:44:13
Prius, but it was a model 2, correct?
2:44:16
So you'd previously had a model 4.
2:44:19
How is the model two different? No backup camera, no navigation
2:44:25
system. It's just above the base model.
2:44:29
OK. Does it have any hands free
2:44:33
operation? It does have the hands free, but
2:44:36
it's a different type of hands free than what's in the model
2:44:40
for a different brand. So.
2:44:44
If I'm understanding your description correctly, replace
2:44:47
the vehicle with something that was a lesser model than what she
2:44:53
had been driving on the date of the accident.
2:44:55
With more miles on it, OK. Do you recollect what the miles
2:45:00
were on the vehicle on the date of the accident?
2:45:02
To be honest, no we don't. I had an oil change, I believe
2:45:07
it was like 198,000. OK.
2:45:11
But I think it was just over 200 after, you know, because.
2:45:13
That's when the. Oil change.
2:45:15
OK. And then how much were on the
2:45:21
the new Prius Model 2 that you had to replace that vehicle
2:45:24
with? There's about over 200,000.
2:45:27
It's 201,000 I believe. That's what it was.
2:45:31
OK. Now, did you have the money
2:45:38
available to to purchase this new vehicle?
2:45:40
How much did it cost? It costs.
2:45:44
It was 6500 is what I had to pay for it, plus taxes and title and
2:45:50
all that. And you'd only received 3900
2:45:54
from the insurance company, Sir, is that correct?
2:45:57
Correct. How did you make up for the
2:45:58
difference? I cashed in almost three years
2:46:01
worth of vacation time. Describe to me how that first of
2:46:08
all, for whom are you employed? I'm I'm employed by a company
2:46:12
called Actolent. I'm a contractor and they are
2:46:15
contracted by Lexmark Corporation.
2:46:19
And when you have PTO time, how much do you receive?
2:46:24
Annually. 40 hours because I'm a contractor, I only get 40 hours.
2:46:31
Does that time roll over into the subsequent year if it's
2:46:35
unutilized? Yes, they will allow me to roll
2:46:38
it over for three years. OK.
2:46:43
No. Did your daughter, Miss
2:46:46
Shockley, have the money to cover the difference between
2:46:50
what insurance paid and the price of the new vehicle?
2:46:55
Did you have any other manner by which you could accumulate money
2:47:01
to to pay for the new Prius? No, I can't get a loan because
2:47:04
I'm in a bankruptcy. Oh, I understand.
2:47:07
OK. If I showed you a pay stub that
2:47:10
indicated the hours that you had to cash in, would you recognize
2:47:13
it? I'm going to approach, if I may,
2:47:16
with people's proposal, Exhibit 3.
2:47:20
And Mr. Shibler, is that the pay stub that you provided to my
2:47:24
office with those PTO hours cashed in?
2:47:27
Yes, it is. What was the cost of those PTO
2:47:32
hours that you had to utilize due to this accident?
2:47:36
The total came into $2710.72. Would you have lost that PTO
2:47:45
money if you hadn't had to replace the vehicle for your
2:47:48
daughter? No.
2:47:53
Did you have to take any other time off from work after she was
2:47:57
injured to assist her with daily living?
2:48:00
I did, but I didn't. I can work remote occasionally
2:48:03
so my boss just let me work remote while I was taking care
2:48:06
of her. How many days were you taking
2:48:09
care of Michaela? It was 2.
2:48:17
With respect to the vehicle insurance for medical coverage,
2:48:22
did she have to go to the hospital?
2:48:24
Yeah, she went to the hospital, but the our deductible had been
2:48:28
met for the year, so the insurance covered the 80% and
2:48:31
then the car insurance covered the rest.
2:48:38
So the family was not out any money for her medical care and
2:48:43
coverage. I mean it would would have cost
2:48:48
for like the medications and that but but those are minimal.
2:48:53
You did not keep a track of the prescriptions or.
2:48:56
Things. Is it fair to say that the items
2:49:04
that you've turned in for restitution are the major ones
2:49:07
and not the entirety of the loss that was suffered?
2:49:12
You could have claimed for prescriptions there, yes.
2:49:16
You could have claimed for some of the other items lost in the
2:49:21
car that your daughter mentioned her, her clothing, her lip balm,
2:49:25
a snow brush, things of that nature.
2:49:28
And you, you both chose not to do that.
2:49:34
So. The Jack that was in there is
2:49:36
when I get a new car the first thing I do is get rid of the
2:49:39
scissors Jack and put a four way tire iron and a floor Jack in
2:49:45
the back car because I have daughters and I don't want them
2:49:48
out straight of trying to use a. Scissors, Jack.
2:49:52
All right. So in your opinion, the the
2:49:55
floor Jack and things that you provided and that were in this
2:49:58
vehicle when were lost are more able to be utilized by your
2:50:04
daughters if they were to have a flat tire on the road?
2:50:06
Yep. OK.
2:50:08
So it's safer for them. Now with respect to this, then
2:50:13
you're asking for the lost wages of $2710.72 for the PTO that you
2:50:22
would not have had to cash in, but for needing that money in
2:50:26
order to help your daughter replace the vehicle that was
2:50:29
damaged and it actually was your vehicle fair registered and
2:50:34
owned by yourself. We share.
2:50:45
Did the insurance company allow you to remove the tires off of
2:50:52
the total vehicle? No.
2:50:53
And they were shredded pretty much.
2:50:56
I mean they were, there was gashes and stuff in them, chunks
2:50:58
of reference. OK.
2:50:59
You were able to go and see the vehicle after the accident.
2:51:02
Yes, I was. Did you go over that at all with
2:51:04
the insurance adjuster? Yeah, we did.
2:51:07
We went over everything. So you saw the condition of the
2:51:11
tires as you've just described. Would you still have that PTO in
2:51:19
your bank, Mr. Schindler, if this accident hadn't occurred
2:51:22
and you needed to replace your vehicle?
2:51:24
Yes, because we were safe Internet so that we could go on
2:51:27
a vacation this summer. And other than my adding the
2:51:32
exhibits on the back of that in case of, is it accurate as to
2:51:37
the loss? Yes, it's a direct download from
2:51:39
my company website. Thank you move for admission of
2:51:43
Exhibit 3. No Exhibit 3 is admitted.
2:51:50
Further. Questions.
2:51:54
Mr. Gibson, do you have any questions?
2:52:04
So, Sir, you yourself did not suffer any type of physical
2:52:10
injury from the car accident that your daughter was involved
2:52:14
with, correct? No, not.
2:52:16
Not any physical injuries, no. OK.
2:52:18
Did you suffer any direct financial or emotional harm as a
2:52:25
result of the crime? Yeah, actually emotional.
2:52:28
I mean, my daughter texted me from inside the car because they
2:52:32
hadn't got her out yet, that she'd just been rented.
2:52:35
Because the talk the text turned rear-ended into rended.
2:52:39
Did you suffer any direct financial loss as a result?
2:52:42
Of the crime. My vehicle.
2:52:46
Now the insurance company, you said they paid you 3900 dollars?
2:52:52
Yes. Was there a lien against the
2:52:54
vehicle? No, there was not.
2:52:56
So how did you only get 3900 dollars?
2:52:58
Because they couldn't they because they couldn't read the
2:53:05
odometer, they that's what they told me they would give me.
2:53:10
Did you get in touch with an attorney or question that?
2:53:14
No. To be honest, I didn't have the
2:53:21
time. I had to get another vehicle.
2:53:23
When did you purchase the vehicle that was that was
2:53:26
totaled? Two years prior, I think.
2:53:35
So, so I guess I'm just, I want to clarify.
2:53:37
So you you believe the vehicle was worth between 14 to 15 nine
2:53:42
you and you issued, you had full coverage.
2:53:46
You you made a claim to your insurance company and they said
2:53:49
they would only pay you $3900 and you didn't question that,
2:53:53
you just accepted. No, I, I did question it.
2:53:55
It's just that it it would have taken way longer to keep
2:53:58
questioning than to do what we had to do to get a vehicle
2:54:01
because we had to be able to get back and forth to work.
2:54:14
Was the air conditioner working in the car at the time of the
2:54:18
accident? Yes, it was.
2:54:20
Was it working properly? Yes, it was.
2:54:24
So the car had been driven from December until July until the
2:54:32
accident, is that correct? Yes.
2:54:34
Correct. So the tires that were purchased
2:54:37
in December would have been approximately 7 months old at
2:54:41
the time of the accident. Between 6:00 and 7:00, yeah.
2:54:44
And was the. Car was driven regularly for the
2:54:47
period that the new tires were on it.
2:54:50
Yes. Not a lot, but yes.
2:54:54
Well, when you how often was it driven?
2:54:58
Twice a day usually. OK.
2:55:02
Or unless we had, you know, had to go shopping or whatever, on
2:55:06
average, on average it would have been about, I would say 60
2:55:10
miles a day or so, 65 miles, something like that.
2:55:15
OK. I have no further questions.
2:55:20
Thank you. Anything further Miss Canfield?
2:55:29
Thank you. Mr. Shibler, you may step down
2:55:34
any further evidence from the State.
2:55:36
No further poster. Mr. Gibson, do you wish to
2:55:39
produce any testimony or evidence?
2:55:45
I don't believe I just a just a closing argument, that's all.
2:55:52
All right, fair enough. We'll let the state go first,
2:55:59
and then you can make yours Miss Campfield.
2:56:01
Thank you, Your Honor. As I've stated, we already have
2:56:05
the $402.27 for the items in the car stipulated to.
2:56:11
Now. With respect to the lost wages
2:56:14
of the victim, she indicated that she lost 5 days of work.
2:56:20
Approximately 3 of those were covered, so we will be asking
2:56:25
for. She had two days off so she
2:56:28
missed 3 days of work and what for her would be a Saturday and
2:56:31
a Sunday. For your honor, she forfeited
2:56:34
those days off by having been injured.
2:56:37
And she was compensated by the insurance company for the days
2:56:41
lost. So if you were injured on a
2:56:43
Wednesday, you missed Wednesday, Thursday, Friday, yet Saturday
2:56:46
and Sunday off you went back to work on Monday.
2:56:50
That appears what the insurance company compensated them for.
2:56:57
Well, with I still think that she didn't needs two days
2:57:00
because five of those were lost and they only covered and
2:57:04
compensated for three. She is an hourly employee.
2:57:09
We're not even asking for the overtime if we're not going to
2:57:12
consider the additional 2 hours that she worked of overtime per
2:57:16
week and that is direct income loss.
2:57:20
As a result of this accident. The court saw the vehicle.
2:57:24
It's very fortunate for Miss Shockley and her family that she
2:57:28
was seat belted and actually for the defendant because this could
2:57:32
have been much worse and she could have.
2:57:33
Been as you may know, I have a sore point for under prosecuted
2:57:41
vehicular accidents with an injury that all goes to whether
2:57:46
this should have been a felony rather than a misdemeanor.
2:57:49
And so it is terrible, but we got a misdemeanor, we're trying
2:57:56
to figure out the restitution. So the fact that it was bad is
2:58:00
bad, but it doesn't isn't relevant to the restitution.
2:58:08
Well, Your Honor, I, I think it is.
2:58:10
And the fact that she indicated she had a sprained shoulder and
2:58:13
subsequent head injuries. I agree 100% that's why they
2:58:17
should have been an OUYL with a serious injury.
2:58:19
But it is, I don't mean to be disrespectful to the court.
2:58:26
I'm just stating that these are important for the court to hear
2:58:29
with respect to restitution because additionally, her
2:58:33
father, although he was allowed to work remotely, also had to
2:58:36
provide daily living and assistance for her for those two
2:58:40
days while she was in the initial injury phase.
2:58:44
Now, with respect to that, they also had psychological injury.
2:58:48
They're not claiming any compensation for that.
2:58:51
Whether I can't imagine the call being received or a text from a
2:58:55
daughter who'd been in an accident and not knowing her
2:58:58
condition with respect to the property damage and loss, it's
2:59:06
clear here that the Mr. I'm sorry.
2:59:11
Shibler. Thank you, I was just blanking
2:59:13
on that last name. Mr. Shibler has testified that
2:59:16
he had to replace the Model 2 with again the same year Prius
2:59:21
but a lesser or the Model 4 with the Model 2.
2:59:25
And he wasn't even requesting the blue book value of the
2:59:28
vehicle they lost, only the difference from what the
2:59:32
insurance paid to the vehicle that he had to replace.
2:59:35
So if purchased at $6500 only compensated for 3900 dollars,
2:59:42
$2600 would be the difference. But then he had to do 27/10/72
2:59:50
of his PTO because you also had to do the transfer plates, the
2:59:55
insurance, the licensing and the title for that vehicle that
3:00:00
replaced the one that was lost to the defendant's criminal
3:00:03
conduct. So I would respectfully request
3:00:05
that that entire 271072 be included as well.
3:00:11
Now, when you have here an A somewhat unusual argument with
3:00:16
respect to the air conditioning and the tires, but at this point
3:00:21
the Mr. Shibler has testified that the air conditioning had
3:00:24
been broken over the winter. It was replaced approximately 6
3:00:28
weeks prior to this accident and then the vehicle was totaled.
3:00:34
The insurance company was provided that cost for their the
3:00:38
tires as well As for the air conditioning.
3:00:41
He indicated they did not compensate him for a same and
3:00:45
being unable to utilize that vehicle that was just repaired.
3:00:49
It's my belief that the air conditioning caution also be
3:00:52
paid by the defendant. Similarly with the tires, I try
3:00:56
to do some quick calculations with respect to the mileage, but
3:01:00
it appears that the mileage for those six to seven months of
3:01:04
utilization, according to Miss Shockley and Mr. Shibler, would
3:01:08
have been somewhere between 5 to 11,000 miles on those brand new
3:01:13
tires. At the time the air conditioning
3:01:16
was replaced, those tires were checked.
3:01:18
They were still in new pristine condition with save, you know, a
3:01:23
little wear and tear. So I believe that the tire
3:01:27
amount should be compensated as well because as Mr. Shibler
3:01:31
testified, when he saw the vehicle subsequent to the
3:01:34
accident and also met there with the insurance adjuster, the
3:01:37
tires were damaged and shredded. They were not able to be saved.
3:01:42
Those also were not compensated by the insurance company.
3:01:47
And I certainly understand the questions of the defense as to
3:01:50
well. Why didn't you challenge that
3:01:52
with the insurance company when and she gets an attorney to ask
3:01:56
for a higher replacement value for the vehicle considering the
3:02:00
blue book values at the time? He simply said I was caring for
3:02:04
my daughter, I needed to work. He's also testified he's in a
3:02:07
bankruptcy proceeding. He's got a lot going on where he
3:02:11
just didn't have the time to argue and they needed a vehicle
3:02:14
to suite, so they replaced it with a much lesser model and a
3:02:19
time that they needed to so they can continue with their work and
3:02:23
daily living. I don't think he should be
3:02:25
faulted for the fact that the insurance company chose not to
3:02:29
pay the blue book value. We wouldn't have been in this
3:02:33
situation but for the criminal conduct of the defendant.
3:02:36
So I'm respectfully requesting the items in the car, the two
3:02:41
days of lost wages for the victim, the PTO loss that was
3:02:46
cashed in to cover the balance of the vehicle not covered by
3:02:49
insurance, as well as the air conditioning and the tires.
3:02:56
And I do believe that those fall all under the income laws and
3:02:59
property damage and destruction that are included under the
3:03:04
statute under 780.766, as well as the case law previously
3:03:11
stated on the record. Well, the McAvoy case didn't
3:03:14
seem to match up with at least the one I got.
3:03:17
It had to do with whether parents were responsible for
3:03:19
restitution for juveniles, so I didn't.
3:03:24
Well, there is. Also for income loss, your
3:03:27
Honor, people versus turn 317, mishap 475 as well as people
3:03:36
versus Corbin 312, mishap 352 at 371.
3:03:43
And all of this, I should note, I've taken out of the bench book
3:03:47
for restitution. All right.
3:03:53
Thank you. Thank you, Your honor.
3:04:04
For any. For any lost wages type
3:04:15
restitution, the statute talks about after tax compensation so
3:04:24
or after tax. So that should be factored in.
3:04:27
So we would ask that roughly 80 that any amounts be made 85% due
3:04:32
to the after tax amount. As far as the we have to look at
3:04:39
the the statutory law. So I understand that the, the
3:04:45
victim, the father of the, well, I guess you'd say the father,
3:04:51
he, he paid money, he took time off to pay for a vehicle.
3:04:58
But that I guess when I look at the statutory structure, I guess
3:05:01
I all I see is replacement value as far as you know, returning
3:05:08
someone to where they were. If you can't repair the vehicle,
3:05:12
then the statute talks about replacement value.
3:05:16
So I guess where I'm a little bit confused would be what would
3:05:20
be the difference in the replacement value versus what
3:05:24
did the insurance contract pay the victims in this case?
3:05:29
I guess most people I guess would believe that the insurance
3:05:33
company would pay, I guess the value of the car or something
3:05:38
that would be close to the replacement value.
3:05:42
So I guess I'm not clear about that, but it in a sense this
3:05:47
they're not asking for replacement value.
3:05:49
They're asking for paid time off of the of one of the victims.
3:05:54
And I can't see anything in the statute that would it's kind of
3:05:58
a convoluted way to get at to get at it.
3:06:03
Let's say that he cashed in his retirement account and used some
3:06:09
money for that, or he use the CD that he had had and he had to
3:06:14
cash it in early and lost interest on it.
3:06:17
It doesn't some extent matter what the source of the funds
3:06:21
were that were used is how much was the cost.
3:06:25
Let's say he bought it from the bank at 7 1/2% interest, he
3:06:31
would incur an interest cost. So I'm trying to figure out the
3:06:39
value rather than where the money came from.
3:06:43
But, and maybe it's wrong for me to focus on where the money
3:06:46
comes from because I guess in a sense he's saying that this was
3:06:50
part of the replacement value. But I guess that's where I'm
3:06:53
confused is that it seems like that the insurance company
3:06:58
should have paid either the replacement value or something
3:07:01
very close to the replacement value.
3:07:04
So I guess I don't, I, I guess I'm still not quite clear about
3:07:09
that. And I do believe that, you know,
3:07:12
any restitution should be offset by any type of insurance
3:07:17
benefits that were received by the victims.
3:07:21
But as far as the replacement value, I guess the defendant
3:07:28
would object to the way that the prosecution has asked for it in
3:07:32
this case. So I guess we would object to
3:07:36
the 2710 and 72 dollars and we would object to the.
3:07:44
Now as far as the 55959 for tires and 4/24/84, again, we
3:07:49
would object to those because I don't believe the statute would
3:07:53
call for those. But also, even if we took the
3:07:57
state's argument, there was approximately 7 months of tire
3:08:02
use and a few months of air conditioner use.
3:08:06
So it's not as if those were were just brand new repairs that
3:08:10
had just been done like the day before.
3:08:12
So I would ask the court to take that all into consideration.
3:08:16
Thank you. 3 For bottling honor. Statutorily, the replacement
3:08:22
valley can also be considered the fair market valley of the
3:08:25
property at the date of the damage, loss or destruction.
3:08:29
Arguably, here it is the cost of the vehicle as testified to by
3:08:34
Mr. Shibler, which was $6500 and again, his PTO covered the
3:08:40
portion that the insurance didn't cover.
3:08:42
We're not requesting the portion that the insurance covered, only
3:08:46
what he had to cover. Additionally, with respect to
3:08:49
the after tax compensation, I've calculated if two days are
3:08:53
granted by the court, 85% of that would be $200.32.
3:08:59
Yeah, that's the figure I got. But I I still believe that the
3:09:04
air conditioning and tires were in the condition relatively new.
3:09:09
The air conditioning that had been used probably less than six
3:09:12
weeks and would have presumably that continued to be used for
3:09:17
the duration of the ownership of the vehicle had it not been
3:09:20
totaled by the defendant's conduct.
3:09:22
So again, we would just ask the court order as requested, the
3:09:26
things mentioned in prior argument.
3:09:29
Thank you. All right, as I indicated, this
3:09:34
is a topic we discussed with new judges at New Judge School.
3:09:40
I spent a day with another judge from Farmington Hills teaching
3:09:44
sentencing. These are tough questions
3:09:47
without clear answers, often the quintessential case where the
3:09:54
insurance company pays X and the car owner believes the car is
3:09:58
worth much more than that. So the insurance company
3:10:04
reimbursed them for this Prius with 200,000 miles on it for
3:10:08
$3900 and I'm sure it was probably worth more than that.
3:10:16
But we don't have any real testimony about the fair market
3:10:19
value of the vehicle. We have hearsay that Mister
3:10:23
Shibler looked it up on Kelley Blue Book, which isn't absolute
3:10:28
gospel, and it was worth substantially more than that,
3:10:31
which I don't have any trouble believing.
3:10:34
What we do know is they had to buy another vehicle similar with
3:10:40
less features. For $6500 that didn't include
3:10:56
taxes, closing costs, and it was a lesser included vehicle.
3:11:00
So I'm going to get at this by and presumably the insurance
3:11:06
company has some expertise in valuing vehicles and I think
3:11:13
it's common knowledge they payless than what the owner
3:11:16
thinks the vehicle is worth. This is a no fault state.
3:11:20
If this was a civil case, everybody is presumed to be
3:11:24
covered by their own insurance, the Schibler's and this shock.
3:11:28
They could have sued for the mini tort difference, but this
3:11:33
isn't a civil lawsuit, it's a criminal case.
3:11:36
So I'm going to allow the stuff that was in the car that the
3:11:41
defendant stipulated to $402.27, even though it probably was a
3:11:47
weekend. She wasn't reimbursed for those
3:11:49
two days, although $200 for lost wages.
3:11:54
And what I'm going to do is I'm going to value the car, 2013
3:11:59
Prius. We do have some logic to replace
3:12:03
it with. It was a lesser model and
3:12:05
doesn't include the closing costs and the other fees that go
3:12:21
with it. So I'm going to allow $7500 for
3:12:24
the new Prius -3900 dollars that they were reimbursed.
3:12:37
Is $3600 the business about the air conditioning and the tires
3:12:45
is a red herring? The car is worth what it's
3:12:48
worth, so how do you value that? I painted the car in September,
3:12:53
so I should include the cost of a new paint job last June.
3:12:59
I put new leather seats in it. I so for chasing tires with
3:13:06
10,000 miles on it and a functional air conditioning
3:13:11
unit, you would presume that it would be.
3:13:13
That's what the car was valued with functioning air
3:13:16
conditioning and tires. The insurance company paid
3:13:20
$3900. So I don't have a lot of
3:13:25
sympathy for you. This was bad.
3:13:32
And then Miss Canfield spoke to that.
3:13:35
You're lucky that you weren't killed.
3:13:37
She wasn't killed. The guy in the other car that
3:13:41
took off or they weren't killed. It was bad.
3:13:47
And so it is what it is. So I'm allowing trying to know.
3:14:02
Total that up $3600 for the value of the vehicle that they
3:14:14
had to pay to replace it with a comparable vehicle, $200 for
3:14:19
lost wages plus $403 we'll call it is 4203 dollars, which
3:14:36
ironically is close to what they were asking for.
3:14:40
So as a condition of your probation, I'm ordering that you
3:14:44
pay $4203.00 restitution to them for what it cost over and above
3:14:50
what the insurance to replace the car for two days of lost
3:14:54
wages and the items that were in the vehicle.
3:14:58
So Miss Wall, and you can amend the probation to include
3:15:03
$4203.00 worth of restitution. Thank you.
3:15:15
And of course, now the big thing will be collecting that.
3:15:17
Even if it is a condition of probation, that is not always
3:15:21
the easiest thing to do. Honestly, it's never an easy
3:15:23
thing to do. All right, my friends, I have to
3:15:25
run. We will see you all tomorrow.
3:15:27
9:00 AM Eastern, 6:00 AM Pacific.
3:15:29
Go have yourselves a great Wednesday.
3:15:31
Take care. God bless.