Latest / The Courtroom Files / January 28 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #219

Transcript

January 28 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #219 · The Courtroom Files

0:01
Good morning, everybody. Happy Wednesday.
0:02
Welcome to TCF Live. It's good to have you all here
0:05
today. Let's start out with Judge
0:07
Middleton. This is Judge Middleton.
0:12
I'm here in Centerville and you're in the Calhoun County
0:14
Jail. Your probation agent had tried
0:17
to make arrangements for you to get arraigned on these charges
0:20
last week, but there was some sort of a I don't know what
0:24
happened. Anyway, I was here, but nobody
0:26
else was. But you're here now.
0:28
Also present is Jeanette Jackson from the Public Defender's
0:32
Office for this arraignment in 2023, on the 4th of July, you
0:40
got charged with two crimes and filed 231586.
0:45
SM Count 1 alleges retail fraud in the third degree, which is at
0:51
Walmart. It's alleged that you took about
0:53
$18.00 worth of merchandise. That's a misdemeanor.
0:57
It's punishable by up to 93 days in jail on a fine of up to $500.
1:02
Then they alleged that you were drunk at the Taco Bell shortly
1:07
after that, and they charge you with being a disorderly person.
1:13
Disorderly person is a misdemeanor punishable by up to
1:17
90 days in jail on a fine of up to $100.
1:21
As I understand it. Apparently, excuse me, it wasn't
1:28
Walmart, it was Rite Aid. And you took some alcohol
1:37
allegedly from the Rite Aid store without paying for it.
1:40
As I understand it, at that time you were on a conditional
1:46
release from the probation center, and now your probation
1:52
agent or parole agent wants to get you into some sort of a
1:57
program. And this hold from Three Rivers
2:00
is preventing that from happening, which is why they
2:08
wanted to do this arraignment in such a hurry.
2:12
Mr. Vasquez, are you willing to plead guilty to these charges?
2:16
I am. Did anybody threaten you to get
2:20
you to plead to these? No.
2:26
Or threaten you. No.
2:31
Do you understand that if you do plead to these charges, you'll
2:34
be giving up your right to have a trial in front of a judge or
2:37
jury? That will not be a trial.
2:39
Do you understand that? Correct if.
2:42
You had a trial. You'd have the right to be
2:44
represented by an attorney. Miss Jackson is here from the
2:48
public defender's office, But you could also ask me to appoint
2:51
a lawyer for you. If you had a trial, you'd have a
2:53
right to have any of the witnesses for or against you
2:57
subpoenaed to come to court so they could be questioned.
2:59
Underoath, you would have the right to take the witness stand
3:04
yourself and testify, but you don't have to because you have a
3:08
right not to testify. And if you did not wish to
3:12
testify, the judge or jury could not hold your silence against
3:17
you. And you have the right to be
3:19
presumed innocent unless you were able to prove your guilt,
3:23
unless the state was able to prove your guilt beyond a
3:25
reasonable doubt. You understand?
3:30
All right. What's the plan here for you to
3:33
get out of the incarceration and go to a halfway house or a
3:37
probation center? Yes, yes, the parole house I did
3:43
25 where? Where is that?
3:45
That is here in Battle Creek. All right.
3:48
And you've been unable to do that because of this hold?
3:52
Yes, yes, I tried to do a plea by mail while I was incarcerated
3:56
in prison, but it doesn't seem that that went through.
4:00
Well, that was me. I didn't want to do a plea by
4:02
mail on these charges. All right, so how long have you
4:08
been in limbo waiting to get into your program?
4:12
I. Think 11 or 12 days now.
4:16
All right, I'll give you the credit for that time If you
4:19
plead to these charges. Did you go into the Rite Aid
4:24
store in three or was on the 4th of July in 2023 and take a
4:28
bottle of liquor and walk out the door?
4:31
I did. And then did you go over next
4:35
door to the Taco Bell and pass out in the bathroom?
4:38
Correct. All right.
4:44
On the retail fraud, I'm going to give you 12 days credit, 12
4:49
days concurrent with the disorderly person.
4:56
There's a minimum fine of $125. We're going to make that due by
5:02
June 1st of 2026. I'm the disorder of the person.
5:11
I'm going to order 12 days credit 12
5:29
days. This hold has prevented you from
5:33
being released to go into the parole place, which is why your
5:37
agent was in a some hurry to get this accomplished and I don't
5:42
really want to jam you up on this minor incident from 2 1/2
5:46
years ago. Thank you, Your honor.
5:50
But you have accepted responsibility by pleading
5:52
guilty. These will show up on your
5:55
record. They aren't.
5:59
I don't think they're a parole violation.
6:01
They occurred before you were this took place, and your agent
6:05
knows all about it and is trying to get these resolved.
6:09
All right, I gave you 12 days credit, 12 days.
6:13
When you get on your feet, you owe me $125.00.
6:16
I can't make the fine any lower than that.
6:20
That'll be by June. So when you get into the place,
6:23
remember you owe us $125.00 here in Centerville to resolve these
6:28
matters. All right.
6:31
You're good to go, Sir. Good morning once again,
6:34
everybody. Welcome to TCF Live.
6:36
It's Wednesday, which I believe, if I remember the flow chart
6:39
correctly, is the new Friday here at TCF.
6:42
Correct me if I'm wrong. Great to have you all here.
6:46
Barbara, thank you for gifting a membership.
6:47
Great way to start off the day. I appreciate that.
6:50
Let's stay in Michigan, but let's go to Lenawee County.
6:53
Judge Anselm or. Is she in your?
6:55
Is she probably in your office? Right?
6:57
No. No.
7:00
Because I'm staying. Can I find her file?
7:05
All right, Miss Underwood, I have Mr. Jenkins.
7:10
Do you need a breakout room with him?
7:12
Yes. Just briefly, Your Honor, Mr.
7:15
Jenkins, I'm going to place you in a breakout room with Rhonda
7:17
Underwood. I think you're probably on a
7:20
Polycom, so when she comes back in, I'll bring you back in, OK?
7:26
OK. So you should.
7:28
Go. Automatically.
7:30
There we go. Yep, he did.
7:33
OK All right, so, Miss Williams, if you could start your audio on
7:38
your video, please. All right, This is in the matter
7:45
of the people of the state of Michigan versus Rebecca Sue
7:48
Williams. File #23-21606 FHI.
7:53
Have I got a prosecutor? I don't know who it is.
7:57
It just says Lenoe County prosecutor, Judge, it's Miss
8:02
Mcclure's case that I'll cover. OK.
8:08
OK. And I have Allison Arnold on
8:11
behalf of the people, and Charles Noey, on behalf of Miss
8:15
Williams. So.
8:16
Mr. Noel. Oh, it's Isaac.
8:18
Steve, Mr. Noey, How would you like to proceed with Miss
8:23
Williams? Thank you, Your Honor.
8:25
This matter is actually set for jury Charles set to commence on
8:27
February 23rd. I am working getting more more
8:33
forensic accounting done work worked on this.
8:36
I sent a several subpoenas and I'm waiting for an answer on
8:39
another subpoena from the victim in this matter actually through
8:43
their counsel, Mr. Jackson Civil Council.
8:48
So therefore we do have a trial date step, but I I don't believe
8:51
this is really right for trial at this.
8:53
Point. This case is an older case
8:55
though, to be fair to the court and all sorts of people, but
8:59
that being said, Mr. Noe, you are kind of distorted again and
9:03
I'm, I'm so sorry. My my my new mic is literally in
9:09
route in the mail so. So we are set for trial on
9:13
February 23rd. It's my understanding Miss
9:16
McClure is the prosecutor on this, correct?
9:19
We're getting, yeah, I'm going to put, I have somebody on a
9:23
phone. I'm going to put them in the
9:24
waiting room real quick. OK.
9:27
So are you prepared to go to trial?
9:30
On this matter, no we are not. We have more discovery that that
9:33
I'm doing and I've spoken to Miss McClure and we are
9:37
confident once I have this final piece of discovery her and I can
9:40
sit down and figure out some resolution to this case.
9:44
So what we'd be asking to do is is vacate the trial date set
9:48
another pre trial date in 30 to 60 days and we'll contact after
9:54
the after today myself and Miss McClure will start an e-mail
9:57
chain with the court clerk to get a new trial date set to keep
10:02
this matter moving forward. But but we are not right for.
10:05
Trial this time, no. Judge.
10:07
OK, Miss Adams, could I get the Red Book please?
10:10
This is one of the files that is on my state Court administrator
10:14
list of concern, so I'm not willing to adjourn it out too
10:19
far at all. So I am going to set another
10:21
trial date. All right, it's a five day
10:32
trial, you believe? Yes.
10:40
So I have I have Tuesday, March 10 at 9:00 AM.
11:00
Looks like Miss McClure is in a trial on James Burton at that
11:04
time in your court, judge. No, because it got adjourned.
11:10
OK, thank you. And this would take precedence
11:12
over it anyway. But I'm putting my notes, all my
11:15
trials for that they have been adjourned.
11:18
That would be Tuesday, March 10th through 11th, 12th.
11:25
At 9:00 AM and let me see here, I'm going to leave.
11:37
Let's see, the deadline for during instructions is February
11:44
6th and I'm going to leave that on because those should be done
11:47
anyway. And then I'll set a final
11:51
pretrial for February 25. I think hold on February 25 at
11:59
8:30 and I will get a copy of this out to everybody.
12:10
And if you need a bench preference, just let me know.
12:16
And then it is set to So trials set to commence on March, on
12:20
which day again? Say that again.
12:24
What day is Charles set to commence?
12:27
March 10. Tuesday, March 10th.
12:30
OK. And that'll go through Tuesday.
12:33
Until it's done Tuesday, Wednesday, Thursday, Friday, and
12:37
then potentially the following Tuesday if we need to.
12:39
OK all. Right.
12:41
All right. I'm in a jury trial already the
12:44
following Tuesday, but we'll cross that merger when we get to
12:46
it. Don't.
12:51
Wait, I couldn't tell anything. You could.
12:53
I could not, we could not hear what you said, Mr. knowing I.
12:56
Understand them. But it's fine.
12:58
I don't. I don't.
12:59
We're set with those dates. Thank you.
13:01
OK. Thank you.
13:05
It's 97.1 WTCF where we mix them beat to beat and back-to-back.
13:09
Let's move from the sultry sounds of Judge Anne's alone to
13:12
the more classic beats of Judge Dad.
13:16
Abston having a seat at the table here, please through your
13:19
name Richard Scott Duffy. You're charged with driving on a
13:22
suspended. You also have a charge of no
13:24
proof of insurance. I can arraign you and send to
13:27
the send you to the prosecutor or I will give you a lawyer,
13:30
whatever you preference. I.
13:32
Just need to take care of whatever I need.
13:34
To I know, but you Do you want a lawyer or you want me to arraign
13:37
you On January 7th of 26th it is alleged that you did operate a
13:44
motor vehicle with suspended license in the Township.
13:47
Brownstown on Telegraph near Andrew at 10:46 PM.
13:51
That is a misdemeanor punishable by up to $500 in fines. 93 days
13:55
jail costs are all of those two points do you understand that?
13:59
Yes. You also have a no proof of
14:01
insurance 0 point civil infraction charge.
14:03
Do you understand that? Yes.
14:05
And did you sign read and understand and advise the rights
14:08
form? Yes.
14:09
If you plead guilty, you'll be giving up all those rights and
14:12
we're not going to have a trial. Do you understand that?
14:14
Yes All right, $500 personal bond.
14:17
I'll let her not guilty plead. You still wish to waive your
14:19
right to a lawyer. You don't have to post any
14:21
money. No.
14:23
OK so I'm going to enter in a guilty plea, $500 personal bond.
14:27
You cannot leave the state without the consent of the court
14:30
during the pendency of the case. You cannot violate a law.
14:34
You must appear in court as directed.
14:36
I'm entering a plea of denial on the no proof plea of not on the
14:40
suspense. He's going to take to the fuck
14:42
the file with the prosecutor. You go out in the hallway,
14:44
she'll call you when and you can talk to her then.
14:47
OK. Best of luck.
14:49
Cameron Jamal Cottrell 258839925 Your name, Sir.
14:57
You're charged with ferret pay. It is alleged that you did
15:01
failed to pay $213. If I find you didn't pay and you
15:05
could have paid that is that your failure to pay was not
15:08
without your fault. You could be incarcerated one
15:10
day. For every $10 owed, you could
15:12
get 22 days. You get $10 credit for each day
15:18
served. So if you paid 113, you'd only
15:21
owe 100. You'd have to serve 10 days.
15:23
Then you understand that you just sign the advice of rights
15:26
and read and understand the rights.
15:29
You plead guilty. You'll be giving up all those
15:31
rights and we're not going to have a trial.
15:32
Do you understand that? You have the right to an
15:36
attorney? If you want one, I'll give you
15:38
1. Would you like a lawyer?
15:39
It's the charge you failed to pay 213.
15:41
How do you plead? Yes, I'm sorry, did you fail to
15:46
pay? You.
15:48
Have it all now, no. I just started working but I
15:51
have it. Financially, anybody force you
15:53
to plead guilty No plea is accepted.
15:55
Where do you work at How much do you make You know you can't you
16:04
get paid weekly yes. You know you can't ignore courts
16:07
like this, right? Yes, I'll, I know.
16:11
But you, you didn't come and talk to us.
16:13
We had a, you didn't do anything to take tickets.
16:17
Been outstanding since January. All I'm telling you is you're
16:20
much further ahead. If you go talk to the judge
16:23
before it gets to this point. I'm going to let you pay $50 per
16:26
week. You can pay more if you want.
16:28
I'll let you pay 50 per week. You said you're going to get
16:31
your first check next Friday. True.
16:33
Starting February the 9th, if you don't have the money, no
16:38
problem, call the port. We'll go on Zoom on or before
16:42
any one of your due dates if you only have the money and I'll
16:45
give you an extension and everything will work out OK.
16:47
Just don't ignore me, I don't like that.
16:49
OK, best of luck. You're all set. 50 a week.
16:55
Barbara, because I don't think I said it earlier and apologies.
16:58
Thank you for the $5 super chat. Very much appreciated.
17:01
All right, you're charged with failure to pay $232.00 and you
17:05
still owe, since this is a no proof of insurance, a clearance
17:09
fee on that. You're charged with failure to
17:13
pay 232 if I find you could have paid and didn't.
17:18
You could she. She does have a balance of 277.
17:22
It looks like she has a suspension on there.
17:24
No, I know I. Know but.
17:27
But that's OK. So you you still owe the
17:30
suspension fee of $45.00 but this is a show cause for fair to
17:35
pay 232 so you could get 24 days.
17:38
Do you understand that? And did you sign, read and
17:40
understand the advice who writes?
17:42
In other words, if you could have paid and didn't you can you
17:46
could be incarcerated one day for every $10 owed.
17:49
Do you understand that if you plead guilty here, you're giving
17:52
up all the rights on that advice, the rights form and
17:55
we're not going to have a hearing.
17:56
You understand that you have the right to a lawyer.
17:58
Would you like 1 all right to the charge of failed to pay 232.
18:03
How do you plead? You fail to pay.
18:06
Yes, you have it all now. I do not.
18:08
I have. $40 and I could pay the rest completely.
18:11
On the 6th. Are you sure?
18:13
Yes, because I'm working. If you don't have the money,
18:16
I'll be glad to give you an extension.
18:18
You need more time than the 6th. I'll be glad to do that.
18:22
You sure you can pay all by all by the 6th?
18:24
Yeah. I have $40.
18:25
That's fine. That's fine.
18:27
You pay 40 now. Balance by February 6th.
18:29
Let's say something happens before February 6th.
18:32
I don't know. You need work on your heater.
18:33
Who knows? Go on Zoom.
18:39
I'll give you an extension. I don't care how many times we
18:41
have to do it. Just don't ignore me, OK?
18:44
Have a great day, Lacey and Jones.
18:46
How are you? Who are you here on?
18:48
Good morning. Great Granny, thank you for the
18:50
$5 super chat. Barbara being a great mod.
18:53
Barbara is very good at what she does and we really appreciate
18:56
her here, so I agree. Thank you.
18:57
I did, your honor. OK, as soon as she brings the
19:02
file in, I will call your case. OK, She should be bringing it in
19:05
momentarily. Janay Monique Kingston,
19:08
25-B147812A. Your name, ma'am, You're charged
19:25
with fear to pay $900. That is the charge if you plead
19:28
guilty. If you're found guilty, you
19:30
could be incarcerated for five days.
19:32
Do you understand, ma'am? Did you sign an advice of rights
19:35
form here today? You have the yellow advice of
19:39
rights, John, or it's a white one.
19:42
OK. If you plead guilty, you're
19:44
going to be giving up all those rights and we're not going to
19:46
have a hearing. Do you understand that you do
19:49
have the right to an attorney? If you want one, I will give you
19:52
1. Would you like a lawyer to the
19:54
charge that you failed to pay $900 in fines and costs?
19:58
How do you plead? Were you ordered to pay thirteen
20:04
$12195 at the rate of $60.00 biweekly after your fines and
20:08
costs were paid on the other five?
20:10
Did you make those payments? I, I, I didn't ask you that.
20:16
Did you stay in compliance with the payment plan?
20:19
No. Did I tell you to come and talk
20:22
to me if you didn't have the money?
20:23
Yes. Did you do that?
20:25
Why not I? Was having trouble finding a way
20:28
here. I've been struggling with the
20:29
ride. You know how to You know how to
20:31
use zoom? Yes.
20:34
Well, why don't you zoom? I told you, you could zoom too.
20:37
You can't ignore courts like this man.
20:41
Do you? Yes.
20:42
Good. Then you and I will get along
20:44
just fine. Anybody forced me to plead
20:46
guilty here? Plea has accepted the fairy to
20:49
pay fines and costs of $900. All right now I sentenced you
20:59
back on April the 9th to 16 months probation, meaning it
21:04
your expiration will be on August the 9th.
21:09
Where do you work at? Have you done everything else?
21:14
Outpatient treatment, Victims impact A a you did your OK.
21:22
Do you have did you do court work and community service?
21:26
All right, Well, tell me how much you make, how many people
21:30
you're supporting, if any. Do you have children?
21:34
How many kids? More good for you.
21:38
Boys, girls, all girls, How old are your kids, 18?
21:44
17 and 16. You married.
21:47
No. How much do you make in your
21:48
employment 20? Dollars.
21:50
So you work 40 hours, you make $800?
21:53
Yes. How much can you afford to pay?
21:55
Do you have any money to pay towards this today?
21:57
I don't. Have anything today but next
21:59
week I don't pay. For 904.
22:01
Are you sure? How are you going to get that?
22:04
My job when I get. Paid my shape.
22:06
I'm going to pay before. Are you sure?
22:10
Yes, I don't need it on next week.
22:12
It's. Got to get it done.
22:13
OK, I'm going to assess cost of $25.
22:18
I'll go light on you since you're going to do that.
22:21
You pay this by February the 9th.
22:23
OK, just to give you a few days to get it here.
22:25
You can go online, you can make your payment with no, no fees at
22:31
all if you're paying that in full.
22:32
OK, so it's 925. Any questions?
22:36
Otherwise, I'm going to keep you on probation subject to all
22:39
existing terms. Wish you well.
22:41
Just don't ignore courts again, OK?
22:44
Be careful out there. I have this lawyer working on
23:09
West Waste Management. Can you bring the file in?
23:13
Thank you. We've got to break into action
23:18
there. Let's, let's go.
23:21
Yeah, Let's go back to Judge Angelo.
23:23
Jacob. All right, in the matter of the
23:27
people of the State of Michigan versus Deshawn Cortez Jenkins,
23:31
file #25-22494 FHI run to Underwood appearing on behalf of
23:37
Mr. Jenkins, and I have Isaac Sneed appearing on behalf of the
23:42
people. This is the date and time set
23:46
for a pretrial conference. So, Miss Underwood, how would
23:50
you like to proceed with Mr. Jenkins?
23:53
Your Honor, the offer to Mr. Jenkins is as charged to two
24:01
counts of assaulting a prison employee, an E grid felony of
24:07
five years. The habituals would be
24:10
dismissed, Your Honor, and we would be requesting A cobs to
24:15
the low end of the guidelines. OK.
24:19
Mr. Snead, is that a correct recitation of the plea?
24:25
And yes, it is obviously OK. All right, that's fine.
24:29
Miss Underwood, I don't know where we are as far as an advice
24:36
of rights. I haven't given them yet, and
24:40
we'll mail one to them, but All right.
24:44
So is your client going to avail himself of that plea?
24:47
My client would like to avail himself of that plea, Your
24:50
Honor. All right.
24:51
So, Mr. Jenkins, you want to raise your right hand, Do you
24:56
solemnly swear or affirm to tell the truth, the whole truth and
25:00
nothing but the truth? He.
25:02
Is. All right, so can you state your
25:05
name for the record? He's on Cortez Jenkins.
25:09
All right, thank you. So, Mr. Jenkins, you've heard
25:12
the statement of your attorney and the prosecuting attorney.
25:15
Is it your intention? Hold on.
25:16
I'm trying to get all my paperwork organized.
25:19
Is it your intention today to plead as charged to Count 1 and
25:22
Count 2, which is assault of a prison employee?
25:26
They carry a maximum penalty of up to five years and or a $2500
25:31
fine. And let me see here All right
25:37
and any sucks you have for your prior felonies, although it's
25:41
not on the felony information would be dismissed.
25:45
Do you understand that? I understand.
25:48
And then Miss Underwood's asking me to cobs to the low end of the
25:51
guidelines, which I will do. Do you understand that?
25:55
I understand. OK, excellent.
25:58
And do you understand that this sentence will actually stack on
26:01
the sentence you are currently serving?
26:04
I understand. OK, good.
26:07
Now, are you satisfied with your attorney and the advice that
26:10
she's given you? Yes.
26:13
All right. And we are going to mail to you
26:14
a copy of your advice rights with a self addressed envelope
26:17
to try to get you to sign it and bring it, mail it back in.
26:21
So you should get that in the mail, but I'm going to go
26:23
through those same rights with you now, OK?
26:26
OK. All right, so neither the
26:28
prosecutor, the defendant nor anyone else on the defendant's
26:31
behalf has discussed a possible sentence with the court other
26:34
than an agreement by the court that I will sentence them to the
26:38
low end of the guidelines, Is that correct, Mr. Sneed?
26:41
Yes. Sure, Miss Underwood.
26:43
Yes. Sure.
26:45
And Mr. Jenkins, is that correct?
26:47
Yes. All right.
26:49
If a guilty plea is accepted, there will be no trial.
26:52
This means that you will be giving up rights would have had
26:54
a trial. I'm going to explain those
26:56
rights to you now to make sure that you understand them.
27:00
You have a right to a speedy public trial by jury.
27:02
You may ask for a non jury trial and if the prosecutor in court
27:06
agree, you can have a non jury trial.
27:08
You have the right to be presumed innocent until proving
27:11
guilty beyond a reasonable doubt.
27:13
You have the right to have the prosecuting attorney prove
27:16
beyond a reasonable doubt that you are guilty and you do not
27:19
have to prove anything. You have the right to be present
27:22
at trial and you have witnesses against you appear at your trial
27:25
and to ask those witnesses questions.
27:27
You have the right to have the court order any witnesses you
27:30
have for your defense to appear at the trial.
27:32
You have the right to remain silent during your trial and not
27:36
to have your silence used against you.
27:38
However, you also have the right to testify at your trial if you
27:42
want to testify. Sir, do you understand if your
27:45
plea is accepted, you may be giving up the right to appeal
27:48
issues that would otherwise be appealable had you been
27:52
convicted at trial. Do you understand that?
27:55
I understand. OK.
27:57
Do you understand that any appeal from the conviction and
28:00
sentence pursuant to the plea will be by application for leave
28:04
to appeal and not by right? Do you understand that?
28:07
I understand. It do you understand that if the
28:09
plea is accepted and you engage in any misconduct as defined in
28:13
MCR 6.310 between now and sentencing, the court will not
28:19
be bound by any sentencing agreement or evaluation and you
28:23
will not have a right to withdraw your plea.
28:25
Misconduct is defined to include, but is not limited to
28:28
absconding or failing to appear for sentencing, which we don't
28:31
have to worry about violating terms of condition on bond.
28:35
You're not on bond or the terms of any sentencing or plea
28:38
agreement or otherwise failing to comply with an order of the
28:41
court pending sentence. So the only thing that you could
28:44
do that would impact that is if you caught new charges while
28:48
we're waiting for sentencing. Do you understand that?
28:53
Your Honor, I don't think. That's going to happen.
28:56
I don't think so. We.
28:57
But do you understand Mr. Jenkins?
29:01
Oh, he's frozen. Mr. Jenkins is frozen, so I do
29:15
know that I got to probably back up a little bit when he
29:17
unfreezes. OK.
29:21
All right, So I'm going to skip to Mr. McManus.
29:28
Are you just setting another pretrial or got a plea?
29:31
You have a seat then. All right, Will they figure out
29:35
what's going on there? Let's, well, let's just go back
29:38
to judge Dad, a bunch of courts just starting to come online.
29:42
So we'll keep an eye out for other opportunities as well and.
29:45
Will. That I missed I I got the data.
29:48
From inside. All right, let me go ahead and
29:51
your reign you and I'll give you your rights here, OK?
29:56
So. You are charged with a violation
30:00
of probation. Placed you on probation for 12
30:03
months under section 771.1. Problems.
30:10
Six months. My, my, my mistake.
30:13
My mistake. September. 4th.
30:17
And I have a charge that alleges variety of different violations.
30:21
Count one that you failed to attend your scheduled probation
30:24
visit on January 9th at 26th. That's one charge.
30:28
Do you understand that charge? Yes, Sir, Count.
30:31
Two alleges that you failed to attend anger management with
30:37
four week follow up. Do you understand that charge?
30:41
Yes, Sir. Hang on.
30:43
Do you understand the charge? Yes Sir.
30:45
Count 3, that you failed to provide truth to completing one
30:47
day of community service by October 3125.
30:53
Do you understand the charge? Yes, Sir.
30:55
You plead guilty or if you're found guilty of any one of
30:58
those. Now listen to me, let me finish.
31:04
If you're found guilty of any one of those, you could get 5
31:08
days. If you're found guilty of all,
31:10
you could receive 15 days jail. Do you understand that?
31:13
You just sign, read and understand and advice the rights
31:17
form here today. If you plead guilty, you will be
31:21
giving up all those rights and we're not going to have a trial
31:23
of any kind. You understand that you have the
31:26
right to a lawyer. If you want one, I will give you
31:28
1. Would you like a lawyer?
31:30
Yes, Sir. I'll have to see what you want
31:31
to give me. I appreciate.
31:33
I'll. Give you a lawyer.
31:34
I'm entering a not guilty plea. We're going to get you a lawyer.
31:40
You'll speak to the lawyer, and as soon as you're done, tell the
31:46
lawyer that the judge said to bring the file back and come on
31:50
into the courtroom and I will take care of it.
31:52
How's that? All right, thank you.
31:55
Let's go on with the defense lawyer probation go out in the
31:58
hallway and my Fort officer will set you up with the defensive.
32:01
All right. Thank you.
32:03
Thank you. People against waste Management
32:10
file 26B150191. Good morning.
32:14
Your your appearance Council. Good morning, Your honor, Kerry
32:16
Barrett on behalf of Waste Management.
32:20
Good morning, Miss Barrett. I don't think I've had you in
32:25
here before, have I? I haven't, no.
32:27
It's usually Shawn Powers, but he's on vacation, so.
32:30
For him, I hope he's somewhere warm.
32:32
He is. He and his wife went to Florida.
32:34
Nice, I was just there. It was cold for a few days, but.
32:38
Yeah. Where'd you go?
32:40
I went to Naples Twin Eagles, a golf community with my good
32:44
buddy Ron and Nancy Mirror and met and, you know, they're good
32:47
friends, Suzanne. They got a whole bunch of good
32:49
people there so I nice. I was there for a few days so it
32:54
was nice. Didn't want to come back anyway.
32:56
I won't keep you. You're going to plead the
32:59
overweight with agreed upon fines and costs of $1700.
33:02
True. Correct.
33:04
Your Honor will plead responsible.
33:06
All right to that charge again, responsible or not responsible.
33:09
Responsible. Please accepted $1700 fines and
33:14
costs paid by February the 27th. OK.
33:19
That's great, your honor. I appreciate your.
33:22
Consideration thanks you. Too.
33:25
Nice to meet. You bye.
33:26
Bye. All right.
33:31
Do I are those sentences, do you know, with retained lawyers
33:34
defendants? No one's checked in with me and
33:41
son say. So.
33:42
Do I have any retained lawyers on those gave who?
33:48
He's retained on the sentencing. All right, bring them the file.
33:51
Tell them we'll bring them the file.
33:56
Tell them to tell them that and say if they're not here in 20
33:59
minutes, we're we're issuing a bench when I had it with these
34:02
people showing up whenever they feel like.
34:04
Those were scheduled for 8:30, I believe, right?
34:07
At least one of them on this one.
34:11
The other one's settled. For 9:47.
34:13
Yeah. All right.
34:21
Can I see the dock? Are all the defense lawyers
34:25
here? Is Shamarian, do I have anybody
34:52
out on Zoom, Heather or they is everybody just getting into the
34:55
habit of showing up whenever they feel like at all these?
34:59
Down on Zoom, judge. All right, give me Shamarian.
35:03
The. Only.
35:03
Person I have was Officer Paul for the priority waste, but he's
35:06
in a breakout room with Caitlin. OK.
35:12
All right, well, he figures out how to find a new contestants
35:15
and not be frustrated about it. Let's go down to Florida where I
35:18
hear it's cold. Wade Mercer first appearances.
35:21
Point, I think you're just being brought back today to tell you
35:23
that the Gaston County warrant has came through, but it's an
35:26
ROR warrant, is that right, Corporal?
35:28
Yes, Sir. Thank you.
35:30
So you were held for Gaston County.
35:31
They have signed a warrant, but it's an ROR warrant and what it
35:34
says is pro probation office request.
35:36
So what that means is the probation officer did file a
35:39
violation against you, but for whatever reason, the probation
35:43
officer asked the judge to give you an ROR warrant.
35:46
ROR stands for release on your own recognizance.
35:48
So what that means is you will not be held for Gaston County
35:51
any longer. When you get out, you'll get a
35:53
court date there. You'll deal with that.
35:55
Then you've got the bond set on the Jackson County cases.
35:58
You have the right to post the bond.
35:59
If you if you do post bond, you'll be released and then you
36:02
need to contact your probation officer over Gadsden County, Mr.
36:06
Wiggins, anytime your bond changes.
36:08
You have the right to use the phone anytime the bond changes.
36:11
So you only get to use the phone this morning to contact Freezer
36:13
family if you wish to try to post the Jackson County bond.
36:16
Any questions? Hello, Sir.
36:19
Have a good day, Sir. All right.
36:21
You too. Thank you.
36:23
ODA Myrick. ODA Lee Myrick.
36:26
Mr. Myrick. Good morning.
36:29
Mr. Mark. You're here because the
36:31
violation of the probation warrant came through.
36:32
I know that you've got bonds set on new charges.
36:34
The VOP warrant has been signed by the Circuit Judge, Mr.
36:38
Myrick. It has no bond on it.
36:39
So what I'm going to do you this morning, what I want to do is
36:41
get you arraigned. I want to get you a lawyer
36:43
appointed, if that's what you're asking for.
36:45
And then we're going to give you a court date, and then we'll see
36:47
if you have any questions. Would you like to have an
36:49
attorney appointed to represent you in the VOP?
36:51
Yes. I'm going to appoint the
36:53
Publishers Office of the 14th Circuit represent you.
36:55
Listen to Mr. McDaniel, please, John.
36:58
I'm going to interview him. Not guilty.
37:00
He's got a court date set February 3rd.
37:01
I suspect I'll take care of it on that date.
37:03
If not, it'll be March 5th. Nothing else.
37:06
February 3rd already has a date, Mr. Mitchell.
37:09
Anything. No, Your Honor.
37:10
Mr. Mark, you've already got that date of February 3rd, so
37:13
you should be on that date. And as Mr. McDaniel said, maybe
37:16
you can get it resolved in any questions, Sir.
37:18
I know. Have a good day, Sir.
37:22
We have Benjamin Durham. Durham, you're here because you
37:33
are using one kind of possession of cocaine.
37:36
I read the complaint. There is probable cause for the
37:38
charge. Does not appear to be the
37:40
strongest case that I've seen recently, but it's there's
37:44
enough there for probable cause. Your criminal history is not
37:47
bad. Very little stuff on your
37:51
criminal history. I am concerned that the pretrial
37:55
release sheet doesn't show an employment.
37:57
Are you working? Yes, I'm working on the side of
38:01
we're just now starting to my buddy's starting his LLC's up
38:04
doing mechanicing and we're working doing this mechanic work
38:10
and all that. I'm just.
38:12
Waiting to get put on the LLC's. So how long have you had a real
38:15
job? How long has been since you've
38:16
had a real job? And by real job I mean 40 hours
38:18
a week or something close to it. 40 hours a week, maybe like 2
38:23
months. Where was that at?
38:26
Or is that at it was up in Georgia?
38:32
Where at? Box Springs.
38:35
Were you living up there? Yes Sir, I just moved down right
38:38
after my mom and passed away. OK.
38:41
And how long did you have that job?
38:44
I've had that dog for five years.
38:48
OK, that's good. Let me see if the attorneys have
38:50
any additional information. Mr. McDaniel, anything on behalf
38:52
of Mr. Durham? No, Your Honor.
38:55
Mr. Mitchell. We just request to be subject to
38:57
random U as. So the allegation is that the
39:03
the substance which was supposedly cocaine was less than
39:08
1g and it was, it was allegedly inside a cigarette pack between
39:15
the passenger's seat and the B pillar of the vehicle.
39:18
Now the B pillar of the vehicle is that the vehicle at the back
39:22
of the seat? I mean the pillar at the back of
39:24
the seat. I I.
39:27
Don't know where the B. Pillar is I'm not entirely.
39:30
Is that what you what you you know where the B pillar of the
39:32
vehicle is at? I had no idea.
39:35
I didn't know what that I used to work in a Body Shop.
39:39
I know what A pillar is, but I don't know where AB pillar is.
39:43
OK, so Mr. Durham, based upon the evidence against you and
39:47
your criminal history, I'm going to let you pick between a bond
39:49
and the conditional release if you'd like to post a bond.
39:52
Some people prefer a bond. Your bond will be $5000 cash or
39:54
surety, but in this these circumstances I'm going to offer
39:58
you a conditional release. Either way.
40:00
You would have a condition of random your analysis whether you
40:02
post the bond or accept the conditional release.
40:04
Either way, you would have that condition.
40:05
Sure. I'm not trying to separate you
40:06
permanently, but until further order the court, you're ordered
40:09
to have absolutely no contact with her whatsoever.
40:12
You have any questions about that?
40:14
No, judge. Peele, can you hear me all
40:16
right? Bill.
40:18
Recording in progress. Judge.
40:20
Peele I don't. I can hear somebody.
40:21
I'm going to. Yeah, I'm in.
40:23
I can hear you. I'm in the middle of first
40:24
appearances. I've got one more left.
40:26
We are two. We are two.
40:28
Is bleeding over somehow Judge? Oh, I'm sorry I got you.
40:33
Judge Mercer, I don't know what's going.
40:35
On. I don't either because all I can
40:39
see are my attorneys and OK. Are my attorneys both on mute?
40:47
We're going to disconnect here and we'll reconnect and contact.
40:51
I'll tell you and see if they can.
40:52
Figure it out, Judge. OK, Mr. McDaniel, reconnect.
40:55
Just a moment here. Judge Mercer, I've got one more
40:57
that's going to take less than 30 seconds.
40:59
It's a preset bond, so I'll I'll log off as well here in about 30
41:03
seconds. OK.
41:04
All right. Thank you.
41:05
Judge Bill, will you give? Me that.
41:07
Bond amount. All right, well, they sort out
41:11
that fun text stuff, Car Talk with Dan.
41:14
The A pillar are the pillars on the right and the left of the
41:18
windshield. The B pillars are the two
41:21
between the front and back doors, and the C pillar are
41:24
along the rear window that are the AB and C pillars of car.
41:31
All right, we're slightly in the Wayback Machine here, so let me
41:34
see if I can bump this forward just a little bit.
41:40
All right, we might be going now.
41:43
And I did. Maybe.
41:44
Service as well as pay the fines.
41:47
OK. And I'm not.
41:54
When John muted it out there. So it appears to be coming
41:57
through your speaker system. Mercer I can still.
42:00
We're still, we're still the same way.
42:02
We're we're still got you and me.
42:05
OK, I can post it, I just have. So it means it's not coming
42:07
through our system, it's coming through the jail, back to where
42:10
we were with Mr. All right, I think we're good now.
42:13
Mr. Durham, do you understand your choice between the bond and
42:15
the conditional release? Yes, Sir, and.
42:19
Which one do you prefer, Sir? It's hard to.
42:25
Make a decision. Yes, I do traditional release.
42:31
You're going to be drug tested either way, Mr. Durham.
42:37
Yes. All right, you want the.
42:39
Conditional release, Yes, Yes, we'll grant you the conditional
42:43
release. You'll have the standard
42:44
conditions of release plus the special conditions we've already
42:46
told you about. I'm going to ask the jail to
42:48
give you a notice for your next court date.
42:49
That'll be March 3rd. March the 3rd and 8:30 would be
42:55
your court date, Mr. Durham. The jail will also let you use
42:59
the phone in a few minutes to try to set up transportation.
43:01
If you do contact friends or family for purposes of
43:03
transportation, you can tell them you can be picked up at the
43:06
Jackson County Courthouse. The conditional release office
43:08
in 30 to 45 minutes is when you'll be there and be ready to
43:11
go. Any questions?
43:12
No, Sir. Have a good day.
43:16
We have Richard Lyons. Is it Mr. Lyons?
43:21
Good morning, Mr. Lyons. You're here because you're
43:23
accused of 1 count of driving while license suspended or
43:25
revoked knowingly. Mr. Lyons, there is probable
43:27
cause for the charge. I'm appointing the Public
43:29
Defenders office to represent you for first appearance
43:31
purposes. Please listen to your attorney,
43:33
Mr. McDaniel, and we'll see where we go.
43:34
Mr. McDaniel? Yeah.
43:36
Let me just ask for a reasonable bond.
43:38
Mr. Ritual. Anything.
43:40
No, Your Honor. Mr. Lyons, based on your
43:42
criminal history, I'm going to set your bond at $3500 cash or
43:45
surety. You have the right to post the
43:47
bond. Mr. Lyons, be aware that you do
43:49
not have a driver's license. You've got a condition that you
43:51
not drive a motor vehicle. So if you get caught driving,
43:54
then in all likelihood, you can go to jail with no bond.
43:57
Mr. Lyons, you'll get a chance to use the phone in a few
43:59
minutes to try to post that bond.
44:00
I'm also going to ask the jail to give you a notice for your
44:02
next court date so you don't have to mail you one.
44:04
And that way we'll know that you get it.
44:06
And that court date will be March the 2nd at 9:00 AM.
44:11
Mr. Lyons, any questions? No, Sir.
44:14
Have a good day, Sir. Misty Dykes.
44:18
Misty Dykes. Miss Dykes.
44:25
Good morning, ma'am. You're here in case 23-203 CT
44:29
Miss Dykes, you've already entered a plea of guilty or no
44:32
contest to this charge of driving in the motor vehicle
44:34
registration. Looks like appears I gave you
44:36
time to pay a fine or come back to court and ask for extension
44:39
if you wanted one. And according to the clerk's
44:42
file, you didn't pay the fine and you also didn't come back to
44:44
court. That's when the warrant was
44:45
issued. I'm appointing the public
44:47
center's office to represent you.
44:48
Ma'am, I'm going to ask you listen to Mr. McDaniel, please.
44:51
John, I spoke to Miss Dikes. She's going to request the court
44:54
to amend the sentence to add a $400.00 purge.
44:56
She has one day jail. Credit.
44:58
And she'll have to have that made the court once this page
45:01
should be released. If not, she'll finish up 10
45:03
days. Mr. Mitchell, any objection of
45:05
that? No objection to your Honor.
45:06
Miss Dikes, any questions about that, ma'am?
45:11
When can I call? Miss Sykes, is that what you
45:15
want to do, ma'am? You want to add that purge?
45:16
Yes. Yeah.
45:19
I can't hear you. Yes, Sir.
45:21
Miss Sykes, I'm going to amend your Senate, so I'm going to add
45:23
a purge on there, which is normally what we do in these
45:26
kind of situations. Your purge in your case is
45:28
$400.00 because you originally didn't have a public offender
45:30
and now you do. That's why it's $100 more.
45:34
So it's as soon as you pay the $400.00, you'll be released.
45:36
As Mr. McDaniel said, Miss Sykes, that $400.00 has to be
45:39
paid at the clerk of Courts office, not at the jail.
45:42
The clerk of Courts office hours or 8:00 AM to 4:30 PM.
45:45
So right after first appearance, you're going to get used the
45:47
phone, ma'am, to contact friends or family and tell them about
45:49
the purge. And since it's paid, you'll be
45:51
released. But if they don't pay it today
45:53
until after 4:30, if they try to pay it at 5:00 or 6:00 PM, they
45:58
can't pay it until tomorrow because the clerk's office will
45:59
be closed. So make sure you tell them that
46:02
if you're not able to pay it, you'll finish the jail sentence
46:04
and then you'll be released. Miss Docks, do you have any
46:06
questions? Have a good.
46:11
Day one day James Ammons is next.
46:15
Mr. Ammons. Good morning.
46:16
You're here Mr. Ammons for the charge of trespass.
46:19
Mr. McDaniel has attitude to the docket to see if we can get your
46:21
case resolved. So listen to your attorney,
46:23
please. Yeah.
46:24
I spoke to Mr. Ammons 2631. MMM.
46:27
No contest. Trespass understanding and he'll
46:29
be sent to six months in county jail. 11 days jail credit $370
46:33
fine. These waivers brought you
46:34
through. Try and call witnesses.
46:35
He's. Resolved this case today.
46:40
And how many days credit you say, Mr. McDaniel?
46:43
11-6 months. Yeah, Mr. Mitchell's had
46:45
agreeable with the state. That's agreeable with the state
46:47
your. Honor and Mr. Ammons, did you
46:48
hear that agreement? Yes, Sir.
46:51
Mr. Ammons, any questions about that agreement?
46:55
No, I just I had I do have a question.
46:58
The agreement. No, I I just want to I had a
46:59
question about law. How long?
47:23
Did you tell anything about it, Say, so I could help Judge Peel
47:32
and his jail? Yeah, and he can hear us in
47:35
ours, but we could only hear him when our jail was unmuted.
47:40
I heard Casey Bigelow and Megan Ford so.
47:42
It's no other questions, John. Oh good, I guess.
47:48
All right, see. No questions then, Mr. Ammons, I
47:51
I did have a question. I just wanted to.
47:52
Do you still have a question, Mr. Amos?
47:54
Do you still have a question? Mr. McDaniel tried to answer it.
47:56
If he hasn't, I guess. I guess not.
47:58
He won't let me say anything. He can't stop you from saying
48:02
anything. If you have a question you can
48:03
answer, ask it. If he hasn't answered, do you
48:05
have a question? Yes Sir.
48:06
I wanted to know how long a a verbal warning lasts because.
48:10
It's. The place I was at, I was just,
48:12
I was at their house Christmas, they were out of town.
48:16
They were out of town and they have these cameras that that
48:18
automatically. Call let me.
48:20
Answer your question. Let me ask you a question.
48:22
A verbal warming is indefinite, lasts forever, unless there's a
48:26
time limit given at the time it's given.
48:29
So unless they say next six months or next year, unless they
48:32
say something like that, it's indefinite.
48:33
There's no expiration date on it.
48:36
Any other questions? No, no Sir.
48:40
All right. We accept your plea of no
48:41
contest to the charge of trespassing.
48:43
Case 26-31 MMM. I want to judge your guilty
48:47
sentence you to six months in jail, 11 days credit, $370 court
48:51
costs and fines. Mr. Ammons, I think you've been
48:53
in the trustee program before, so you know how it works.
48:55
I would encourage you to check in that program if that
48:57
interests you. And I wish you the best, Sir.
49:00
Thank you, Sir. Thank you.
49:01
Mr. Ammons. We have Zoe Morris.
49:12
Miss Morris. Good morning, Miss Morris.
49:13
You were first appeared on the charge of battery, it appears,
49:16
and now you have a hole from the Department of Juvenile Justice.
49:20
Yeah. What the hole says is that,
49:26
yeah, it's not actually a hold. What it is, it's a letter from
49:30
DJJ asking to be notified. So do y'all actually corporal?
49:36
Do y'all actually have something?
49:39
I bet she's already been committed.
49:40
I bet there's an order committing her to a program.
49:43
Yeah, it's Dove. Your Honor, she's been committed
49:45
to Dove and that's where this battery happened, was at the
49:48
facility against an officer there, Dove, and they're asking
49:51
that she be returned to Dove. OK.
49:54
So you've got to have something from a judge to hold someone not
49:57
from a probation officer. So I'm assuming there's an order
50:00
out there committing her to that program corporate.
50:02
I may want to try to look into that a little further.
50:03
But it appears, ma'am, that if you do post bond, it appears
50:06
that the Department of Juvenile Justice is going to have a hold
50:08
for you because there's a prior order signed by a judge
50:11
committing you somewhere. Miss Morris, do you have any
50:13
questions? Hi, Sir.
50:16
Have a good day. I will say it looks like more
50:19
likely if the hold is to come out, it's going to come out of
50:21
Marion County. Yeah, she's.
50:26
Committed in Marion County and they placed her in that juvenile
50:29
facility and that's yeah, they, they've got to get a hold from
50:35
that judge or VOP affidavit or something from that judge.
50:38
But I'm sure they're working on that.
50:39
Mr. McDaniel. It's everything I had on my
50:41
first appearance list. Anything.
50:45
OK, friends, let's go back to Judge Anselone.
50:48
It seems like they got that connection with the the jail or
50:51
the prison or wherever this guy was figured out so we can finish
50:55
that hearing. But it'll just be a minute, all
50:58
right? How are you?
51:01
Miss Adams, I don't have my phone.
51:04
Could you message Miss Underwood that I have Mr. Jenkins back?
51:09
OK. All right, jail zoom, Mr.
51:11
Rackett, if you wanna just come up here.
51:16
Yep. All right, So, Mr. Jenkins, just
51:19
bear with us. I'm so sorry.
51:21
I think it's all the cold weather right it?
51:23
Might be. All right.
51:26
So, Mr. Murphy, you have Mr. Allen, correct?
51:32
Yes, your Honor. All right.
51:34
And I have a someone at the jail.
51:37
Are you Cody Allen? Yes, ma'am.
51:40
OK, so this is in the matter of the people of the state of
51:42
Michigan versus code Cody Isaac Allen file #26-22521 FH.
51:51
That file is set for arraignment today, but I also have an
51:55
extradition file #26-22515 AXI have Isaac Steen appearing on
52:03
behalf of the people of Matthew Murphy appearing on behalf of
52:06
Mr. Allen. So starting with the
52:08
arraignment, Mr. Murphy, do you waive the reading of the felony
52:11
information? Yes, Your Honor, we acknowledge
52:14
receipt of said information in the witness list and the
52:16
discovery demand from the people in this matter.
52:19
We'd ask the. Court to enter and continue not
52:21
guilty plea and set the matter for a pretrial and then I guess.
52:27
Yes, your Honor. How far do you want a pretrial?
52:34
I I guess whatever fits the quite schedule best.
52:37
Right now I'm not really sure, depending on what happens with
52:39
the extradition I guess. Nothing's going to happen on the
52:43
extradition until we resolve this because if I lose them to
52:47
another state, I won't get them back.
52:50
So we're screening them for rehab right now, Your Honor, And
52:55
so that's why I got. To tell you.
52:57
Mr. Murphy, I can't release them to rehab with an extradition.
53:01
OK. So he, I mean, so his options at
53:06
this, I mean he has like I can't, I can't do that on an
53:10
extradition. I can delay the extradition to
53:12
try to resolve this case, but. I understand, Your Honor.
53:18
I'll reach out to the prosecutor and try to get a resolution as
53:21
quick as possible and try to be in your before the next pretrial
53:23
to see if we can get that figured out so that way we can
53:25
move along. So I'm going to set this over
53:28
to. I'm going to set it over to
53:30
February 8th, but if you resolve it sooner than that, just call
53:37
me and I'll bring them in. So February 18, at 8:30 in the
53:41
morning, we will do the notice of hearing because it's an
53:43
arraignment. I'll enter a plea of not guilty
53:46
on this matter and I will set the extradition over to that day
53:50
as well and hopefully we can. Cody, I'll, I'll zoom with you
53:59
and talk to you about what's going on, OK?
54:02
All right. Mr. Allen, Mr. Murphy, I believe
54:05
that's all you had with me. Yes, your Honor.
54:08
Text Miss Underwood and let her know that I do have her client
54:11
back from MBOC. Yep, I'll let.
54:12
Her know thank your honor. OK, thank you.
54:15
Have a good morning. You too.
54:17
All right. So are you on again?
54:24
Curious Swift. All right there, all right.
54:29
And Miss Swift. All right, Mike, you guys stand
54:32
at the podium. OK, so.
54:45
All right, this is in the matter the people of the state of
54:48
Michigan versus Carrie Anne Swift, phone number 25-22497
54:54
FHI. Have Isaac Sneed appearing on
54:57
behalf of the people and just take your full name with your P
55:00
number because we don't get you out there very often.
55:03
Dolan, Anthony. Rockett, P87681.
55:06
All right. And I didn't know if Miss Spade
55:08
had your P number. All right, so this is a time set
55:13
for a first St. trial in this matter.
55:16
So Mr. Rackett, how would you like to proceed?
55:18
We would need a. Short adjournment, well I mean
55:23
30 day or so we did order transcripts in this case and I'm
55:29
scared just. Backed up as.
55:31
Far as it's about 90 days, 90 days.
55:36
Yeah, that's that would be. OK, April 15 and Miss Adams,
55:42
because Miss Swift is here, could I get 2 notice of
55:45
hearings, one for Mr. Rocket and one for Mr. Swift?
55:49
So I'm going to set this over for pre trial on April 15 at
55:53
8:30. I thought it was plea today.
55:55
I would have brought you up sooner.
55:56
I'm sorry. And have a seat right behind
56:00
you, Miss Swift, and we will get you a copy of a notice of
56:03
hearing. And then obviously, Mr. Rocket,
56:06
if you are able to resolve this, I love to take people on days
56:11
other than Wednesdays to enter a plea.
56:13
All right, all right, very good. So Miss Adams will bring you
56:17
both the notice of hearing. Thank you.
56:18
Thank you. All right, OK.
56:23
Mr. Frye, is Drayquan Draveon's brother.
56:32
Yes. OK, 'cause they said a pretrial,
56:35
but you're entering a plea. That's very.
56:37
True. OK, all right.
56:40
Let me let Mr. Glass be in. There he is.
56:56
All right, Drakewan Glaspie, if you just want to start your
56:59
audio and your video for me. All right, so this is in the
57:13
matter of the people of the state of Michigan versus
57:15
Drayquan Glaspie font #26-22518 FHI have Brian Fry appearing on
57:25
behalf of Mr. Glaspie and Isaac Sade appearing on behalf of the
57:31
people. Hold on one second.
57:32
If you bring Mr. Rocket here, hear back.
57:42
All right. So I have received a copy of a
57:46
plea agreement and I have received a copy of the amended
57:52
felony information. I don't see an advice rights.
57:55
We've not been able to do that yet.
57:58
We did, Your Honor. I.
57:59
Filed that with the clerk yesterday.
58:01
Maybe it's stable. Well, you know what?
58:05
It's probably not over here yet, but I believe you.
58:08
So, All right, so as I said, this is a date and time set for
58:12
a pretrial. I have a plea agreement form
58:15
that states that Mister Glassfeed will plead guilty.
58:19
To. Counts I got to go off live
58:22
feed. So.
58:27
Well, that was a let down. I went over there just for the
58:30
specific reason of being able to see the completion of that
58:32
hearing. The lawyer never showed up and
58:34
then she ended the feed. Whatever, it's TCF live, it's a
58:38
Wednesday. You never know what you're going
58:40
to get here, including judges just killing feeds.
58:44
Let's stay in Michigan, but let's say good morning to Judge
58:47
Mom. Richard G Serrano, P33828 Our
58:50
Jay appears appointed counsel on behalf and with my client
58:53
through my rights. This being big times or show
58:56
cost matter, may I please state your name for the record?
58:59
All right and good morning. Thank you for addressing
59:01
appropriately for court. And today is the date scheduled
59:04
for show cause for your clients failure to pay the balance of
59:09
our fines and cost of $360.00. That's correct.
59:14
Your Honor. I've spoken to my client today
59:16
and today she's brought $50.00 to pay for those fines and
59:21
costs. Your Honor, she works as a
59:25
bartender. She supports 1 minor child
59:28
solely age 8. She's the only parent that lives
59:33
with the child and money's been a little tight.
59:37
Your Honor. She understands her obligations.
59:39
He's hoping that the court will replace her honor program of
59:42
$25.00 a month and she will pay more if she's able to.
59:46
With that, your Honor, of leaving the court's discretion.
59:49
OK, so ma'am, when were you discharged from probation?
59:59
I can't remember. A year ago.
1:00:02
OK. And so at that time, how much
1:00:07
was owed? Have you made any payments since
1:00:11
you were discharged from probation?
1:00:13
Yeah, I came and made 1. When?
1:00:16
I I can't recall how to spread them.
1:00:21
OK, so did you communicate at all regarding a different
1:00:25
payment plan that you would need?
1:00:28
No, because I wasn't aware. Money just gotten tighter.
1:00:32
No, stop. Either you were not aware or you
1:00:35
were aware but you didn't have the money.
1:00:39
Don't tell me one thing and tell me something else.
1:00:41
It's one or the other. You were either aware or you
1:00:44
weren't aware. Were you aware that you still
1:00:49
needed to pay fines and costs once you're discharged from
1:00:51
probation? OK, so you made one payment
1:00:55
after that and then you stopped, correct?
1:01:01
Yes. OK, so at any point did you
1:01:04
contact in to anybody at the court to notify them that you
1:01:11
were having difficulty making your payments and to set up a
1:01:15
different payment plan? Why not sure you are sure?
1:01:23
I don't know and I'm not sure don't work in this court.
1:01:26
You made a conscious effort, a conscious decision to not
1:01:30
continue with your payment plan. Why didn't you contact the court
1:01:35
for a modified payment plan? One just got busy.
1:01:40
I I've got none. It's one of your applications,
1:01:46
correct? And you just forgot it?
1:01:50
Yes. Where do you work, ma'am, and
1:02:03
how long have you worked there? 2 days.
1:02:09
And you're telling this court you don't have more than $50.00
1:02:12
to pay today, knowing that you haven't made a payment in eight
1:02:14
months? Yes.
1:02:23
And then you're also indicating you can only pay $25.00 a month.
1:02:29
I can try to pay more. But I I don't have a lot of
1:02:32
money. I will.
1:02:34
Only work part time. So then why aren't you looking
1:02:37
for a full time job if you have a child to support?
1:02:41
Is that a little child care? How old's your child?
1:02:44
Eight. OK.
1:02:46
Well, does your child go to school?
1:02:47
Yes. OK, so have you looked for a job
1:02:51
when your child's in school? Yes.
1:02:54
OK. And there's also after school
1:02:55
care, Correct? Right.
1:02:58
So then if you aren't making enough money working part time
1:03:01
to support you and your child and to maintain your
1:03:04
obligations, then perhaps you should look for a job that's
1:03:07
full time or more part time during those hours your child's
1:03:12
in school. That would resolve that issue.
1:03:16
Ma'am, $50 today. The court's going to order
1:03:23
$50.00 per month, not 25, and then we'll begin that.
1:03:31
Can you begin that February 27th?
1:03:33
It's Friday of February. So what we'll do is we'll
1:03:42
adjourn the show cause to a date if you've missed a
1:03:54
payment, giving you the benefit of the doubt, ma'am, we're not
1:03:59
going through forward with the show cause hearing.
1:04:01
If you do not follow this payment plan, then you will be
1:04:04
back in court for a hearing. If you pay it all in full
1:04:07
according to your payment plan, it will be dismissed.
1:04:10
All right, if you'd like to stop at the window and somebody can
1:04:15
be with you shortly for your payment and then you can get
1:04:16
information about paying online so you don't have to make the
1:04:19
trip down. OK, have a good day.
1:04:22
Thank. You, Roger.
1:04:24
Thank you. All right.
1:04:27
And we are on the record in the matter of the city of Wyandotte
1:04:32
versus Cameron Griffin Short 19569.
1:04:38
Oh, Mr. Dubois must be paying attention.
1:04:41
I was just going to ask somebody to come grab you and there you
1:04:44
go. Thank you.
1:04:46
Always, Jess. Good morning.
1:04:49
Is there any other one here on behalf of Standard Group
1:04:51
Consortium Station? Thank.
1:04:55
You all right, thank you. And today is the date scheduled
1:04:57
for sentencing on your client's plea to the charge of lording
1:05:02
her drugs or kept user sold. And the court will note that
1:05:05
this was from 2019 and this has been in ward status for a bit
1:05:11
and then your client is now here being to take care of it with
1:05:20
the sentencing and council. Did you have an opportunity to
1:05:24
review the report and recommendation with your client?
1:05:28
Yes, we've gone over it. He indicates that this is
1:05:32
actually accurate and without need of any corrections or
1:05:35
conditions. Recommendation seems appropriate
1:05:39
under the circumstances. You'd like to get this resolved,
1:05:41
get this behind these possible. OK.
1:05:45
And Sir, if you're in a test right now, what is in your
1:05:48
system? You're in a water.
1:05:51
Though All right, when did you last use marijuana?
1:05:55
Absolutely 72 hours. AGO.
1:05:58
All right, Sir, you seem like you're a fairly intelligent
1:06:01
individual. Did you read the document that
1:06:05
this court gave you with your bond conditions?
1:06:08
Yes. And so then you read that you
1:06:12
were not to possess or consume any alcohol or drugs unless
1:06:14
prescribed, correct? And so are you prescribed
1:06:18
marijuana for medical reasons? Sorry.
1:06:22
You prescribed marijuana? Sorry sorry, I have to renew my
1:06:25
NMSP. Well, did you provide this court
1:06:31
with a letter from your treating physician prescribing you
1:06:36
marijuana? That's how I have to renew the.
1:06:40
Prescription. OK, so I'm trying to tell you,
1:06:43
Sir, that if you have something a lot of from your training
1:06:46
physician, you don't have to stop to renewing your medical
1:06:49
marijuana card for this court. However, you don't have a letter
1:06:52
and you don't have a valid medical marijuana card right
1:06:54
now, do you? Then you're not allowed to use
1:06:57
marijuana. I no longer have access to
1:07:01
access to the e-mail the business was sent to, which is
1:07:03
why I was going to get it replaced via immigration or
1:07:06
that's all we have to apply for it to let it expire.
1:07:10
I have access to the address or the e-mail address in which I
1:07:14
received it. OK, And I hear all that, but you
1:07:21
don't have a valid medical marijuana card, nor do you have
1:07:24
a valid prescription from your treating physician.
1:07:27
So you're not allowed to use marijuana right now.
1:07:29
Sir, this court ordered that on November 26th, and you just
1:07:36
completely disregarded it. Apologize.
1:07:40
Did you contact the court indicating that you had medical
1:07:42
reasons? Tell me about your 5 words Sir.
1:07:50
Have you cleared them up yet? Basically just been able to get
1:07:54
a little money on a life farm agency and now I'm taking care
1:07:59
of it before time. I'm now able to and now since
1:08:03
I'm able to work four times, they're trying, they're trying
1:08:06
to take care of my legal matters is going to be conscience, but
1:08:10
where are my situations that I put myself in previous?
1:08:14
OK. And so, Sir, it appears to be
1:08:18
that you're where you're working, you're making good
1:08:20
money, correct? Yes, sure.
1:08:22
OK. And you're receiving money.
1:08:24
It's almost $300 a month on a bridge card.
1:08:27
Yes, sure. You work about 40 hours a week,
1:08:36
Sir. You can take your honor.
1:08:38
Yes, that's all my schedule between 36 and quarter.
1:08:56
And so it's interesting, Sir, that you've indicated that you
1:08:58
need marijuana for anxiety because you've reported that
1:09:01
you're not under a doctor's care, you're not taking any
1:09:03
medications, and no history of mental health treatment.
1:09:06
I've not been they're the parent of a doctor for marijuana since
1:09:11
I was 18 years old. I used it as I was prescribing
1:09:14
it because I declined Sofran, others, Zoloft and things of
1:09:18
that nature because I don't feel as if I have mental health
1:09:21
disorder using marijuana. So I going to need to list that
1:09:25
down because I'm not prescribed on any actual drugs such as
1:09:29
Zoloft for service, serotonin or anything of that nature.
1:09:34
OK, well if you are diagnosed with anxiety, Sir, that's
1:09:41
something that we should meet that we would need to know.
1:09:46
Published council asked for the recommendation.
1:09:53
Go ahead. And recommendation I'll take on
1:09:55
these circumstances. All right, the Court does find,
1:10:01
after hearing from counselor, hearing from Mr. Griffin Short,
1:10:03
reviewing the report, the recommendation that there is
1:10:06
reasonable ground. State Department on Sale 769.5.
1:10:09
The Court's going to order the following sentence as it finds a
1:10:12
sentence that's in the best interest of justice is
1:10:15
reasonable proportion to the seriousness of the matter,
1:10:17
taking into account the circumstances surrounding Mr.
1:10:19
Griffin Short. The courts were in order 12
1:10:21
months probation. You're eligible for early
1:10:23
discharge. I'll go over that shortly.
1:10:25
You're also eligible under 771.1 status.
1:10:29
You're not to violate any criminal law of any of
1:10:31
government. You're not to leave the state
1:10:33
without the consent of the court.
1:10:34
You are to report truthfully to a probation officer as the
1:10:37
opposite probation officer may require in person writing or
1:10:40
virtually. You'd notify your probation
1:10:42
officer immediately of any change in address or employment
1:10:44
status. You not use any alcohol or drugs
1:10:46
unless prescribed to be subjected to random testing to
1:10:49
rehabilitate a goal for that condition.
1:10:50
So the court can monitor your progress in maintaining absence
1:10:53
and sobriety or that applies for marijuana.
1:10:56
So we have a treating physician. If I get my nutrient position as
1:11:01
I currently don't want to take any zoc off or anything of that
1:11:04
nature, can I still use my marijuana?
1:11:06
Because I use it. I talk on the phone for 16 hours
1:11:09
a day at times. I cannot go without it.
1:11:11
I'm I'm not going to lie I just can't survive without it.
1:11:13
My anxiety is too bad. I'm shaking it right now because
1:11:16
I'm scared. I didn't smoke today.
1:11:19
I haven't smoked in three days do I?
1:11:23
Can I get a letter for it? Likewise, I'm being in jailed
1:11:26
for smoking weed. Well, hold on a SEC.
1:11:30
If you were to be in jail, would it be for smoking weed or be for
1:11:32
not following the court's orders?
1:11:34
OK, So let's let's let's just be clear on that, OK?
1:11:37
There's nothing funny about that.
1:11:39
It's not funny at all, but I'm asking what you prefer me to
1:11:41
take. It's all over.
1:11:42
Sir, I would prefer for you to utilize the medication that your
1:11:46
doctor, your treating physician, prescribes.
1:11:50
If that happens to be marijuana, OK, that's marijuana.
1:11:54
What this court will not accept is if you're walking into a
1:11:56
marijuana clinic for my doctor to prescribe that that doesn't
1:12:01
have any knowledge of you, your history, anything, Sir.
1:12:06
That is what this court will not accept.
1:12:08
So if you have a treating physician or if you're obtaining
1:12:11
a new treating physician because you don't see eye to eye on your
1:12:15
medical treatment with your current one, then that will
1:12:18
suffice. But not a medical marijuana
1:12:21
clinic doctor, because you see that one, two years later, you
1:12:25
go back and see him again. You don't have any follow up
1:12:27
appointments. If you're using marijuana for
1:12:30
medical purposes, right? It's medication.
1:12:33
You have to have follow up appointments with your treating
1:12:35
physician to ensure it's working properly.
1:12:37
Just like with blood pressure, with diabetes, things of that
1:12:41
nature. If it's medical purposes you
1:12:43
need to have follow up. You have to follow up
1:12:45
appointments. That's not as docket and the
1:12:48
medical procedure goes beyond the ground, understand?
1:12:50
It's not a dot. What is it?
1:12:51
None. The medical docket, it's not the
1:12:54
procedure procedural of it, but I understand where they're
1:12:57
coming from, so I follow your guidelines.
1:12:59
OK, it may not be the procedure for medical marijuana, but with
1:13:03
this court has discretion, right?
1:13:06
And so the court's not denying your use of marijuana for
1:13:13
medical purposes, but this Court has the discretion and the
1:13:16
authority to set parameters to make sure that the marijuana is
1:13:20
specifically for medical use. And that is one way that this
1:13:25
Court can ensure to the best of its ability that it's for
1:13:28
medical purposes and not for recreational under the guise of
1:13:33
medical purposes. Got it.
1:13:39
Need a verbal yes or no? Yes, your Honor.
1:13:41
OK, the record doesn't record non verbal responses.
1:13:47
The court's going to also order you to participate in the
1:13:50
chemical awareness program. The rehabilitative goal for that
1:13:53
condition is to further educate you about drug and alcohol use
1:13:56
so you can make better informed decision in the future,
1:13:58
hopefully preventing this man from happening again.
1:14:01
The court's going to also order you to clear up your warrants.
1:14:06
I'm not going to order any workforce today you're to clear
1:14:08
up your warrants. Any questions on those
1:14:12
conditions? The court's going to order a
1:14:19
$100 fine, $100 screening assessment fee, $600.00
1:14:23
supervision oversight fee. That's $50.00 a month at 12
1:14:26
months. And since you're eligible for
1:14:28
early discharge, up to half of that could be waived, $300.00
1:14:31
for cost of prosecution. Crime victim assessment fee of
1:14:34
$75, justice system assessment fee of $50.
1:14:37
Chemical awareness program is $75.00.
1:14:40
That's a total of $1300. You're going to go over to
1:14:51
probation, Sir, and you're going to set up a payment plan, and
1:14:55
then you'll get your next steps for your instructions.
1:14:58
OK? As I did indicate, you're
1:14:59
eligible for early discharge as long as all the following have
1:15:02
occurred. You completed at least half of
1:15:04
your original term of probation. All probation requirements have
1:15:06
been completed. You've got at least three months
1:15:08
without any violations and all money 7 either paid in full or
1:15:11
you've made a good faith effort toward making full payment.
1:15:13
OK. All right, Good luck to you,
1:15:15
Sir. Have a good day.
1:15:18
I'm going to have some stuff to say on this one an hour for I'm
1:15:21
annoyed. Let's Texas Judge Stevens.
1:15:53
Everybody checks off the boxes with James James.
1:15:58
He colors them in, which is kind of neat.
1:16:02
It's about it's, it's my tremor in the morning.
1:16:05
It's coloring. He colors it in, which is pretty
1:16:07
nice. I like it.
1:16:08
I love that. Yesterday I had a client come in
1:16:11
and he said. Well, I have a central.
1:16:13
Friend, son, I'm like, so do I. I mean he stood up, I got
1:16:17
somebody's name and he's literally good with this.
1:16:20
I hope he had them and I'm like, you got them from you.
1:16:23
No, I don't know. He's had them for years.
1:16:27
And then I my right hand, my right hand, my mother from my
1:16:31
mom, God. Bless her, you know, I got
1:16:34
worried. Growing up, you know, he says
1:16:36
no, no, you don't have any promises.
1:16:38
Does your mother have? Yes, He's got the the same
1:16:41
thing. Well, you've got genes.
1:16:44
Yes. Genetic code.
1:16:46
You got to love it. Thank God, because.
1:16:47
But I'm left-handed, so I don't have that problem with my left
1:16:50
hand. So always been the one.
1:16:53
You know, everything I've gone through, they've discovered I'm
1:16:56
missing a gene. So I have to worry.
1:16:57
This thing, I'm on some kind of anticoagulant medication.
1:17:02
Wait, wait, wait, wait. You're the missing link.
1:17:04
Yeah, I'm losing link. You're the missing link.
1:17:07
You know I've had. Three blood clots and all the
1:17:10
nurse gets. Well, people normally don't
1:17:12
survive too. And I'm like, oh boy.
1:17:16
So sounds like you're out to set a record.
1:17:18
Yeah. All right.
1:17:20
Good luck. I think my medicine religiously.
1:17:24
Anyway. Here we are in 25 CR 989, the
1:17:28
state of Texas versus Charles Edward Amber, the 3rd.
1:17:31
That's you, Sir. Yes, Sir.
1:17:33
Present with Mr. Macon, your attorney and the state's
1:17:36
attorney. Does the defendant little boy
1:17:40
wave a full reading of this indictment?
1:17:45
Can we instead proceed by summary?
1:17:49
Yes, Sean. In summary, Mr. Amberg,
1:17:52
paragraph 1 of this indictments alleges that Honor about May
1:17:57
17th, 2025, in Jefferson County, Texas, you operated a motor
1:18:03
vehicle in a public place while intoxicated.
1:18:06
DWI. Do you understand what you're
1:18:09
charged with there? Yes, Sir, if it only ended there
1:18:13
where you wouldn't be in this court, you would be in a lesser
1:18:18
level court. But paragraph two goes on to
1:18:22
allege, and, and this is disturbing here, that you have
1:18:27
4, not 2 and it only takes 2 prior DWI convictions to make a
1:18:35
third degree felony for the third one.
1:18:38
This is but what I understand, at least your fifth one, and
1:18:44
that's too much. That's too much.
1:18:50
It states that in 1985 you were convicted out of county courted
1:18:54
law #3 for Jefferson County, Texas for a DWI, December 15th,
1:19:00
1988. Three years later, you were
1:19:03
convicted out of county court law #2 of Jefferson County,
1:19:08
Texas, for DWI. 10 years later, in 1998, you were convicted next
1:19:14
door in the 252nd Criminal District Court of Jefferson
1:19:17
County, Texas. If that was a felony then, and
1:19:22
then in 2014, here in my court, the court I preside over, it's
1:19:28
the People's Court, the criminal District Court.
1:19:31
You were convicted of another 3rd degree felony of a DWI.
1:19:38
So you have been subject to 3rd degree felony punishment well
1:19:49
since 1998, two convictions ago. This is disturbing.
1:19:59
Would you agree? Can you hear OK, because I'm I'm
1:20:04
I couldn't help but notice that you were having a hard time
1:20:07
listening to the to the lady here, my coordinator.
1:20:11
Then you're listen you're having a hard time listening to me and
1:20:14
no one ever thinks I speak softly.
1:20:17
They think I speak sometimes in a booming voice sometimes, but
1:20:21
let's. Hear.
1:20:27
You honor. It's a name.
1:20:31
Generally, the first one, the first felony, stops people from
1:20:36
committing this crime because they don't want to go to prison.
1:20:43
But this is happening too often. Sir, let me read the system.
1:21:28
He said the policeman that he had one beer.
1:21:35
What was the blood test? I don't have any information on
1:21:38
it point. 235. .2353 times the legal limit.
1:21:44
That beer had to have been 5 gallons of five gallon beer at
1:21:50
least. That's three times the legal
1:21:53
limit. Three times too much thank.
1:21:56
You. For calling me.
1:22:00
Do you understand what is charged here in these paragraphs
1:22:03
of this indictment? This constitutes a third degree
1:22:07
felony, Sir, which means if convicted, you face a term of
1:22:11
not more than 10 years or less than two years in prison.
1:22:15
In addition, a fine may be assessed not to exceed $10,000.
1:22:20
Do you understand? Yes, Sir, an agreement has been
1:22:25
reached in your case or you would be pleading guilty,
1:22:33
sentenced to 10 years in prison. Again.
1:22:38
I think this is probably the third time this has happened.
1:22:42
Then that would be suspended. You would be placed on regular
1:22:48
probation for 10 years, fined $500.
1:22:55
There would be terms and conditions of probation which
1:22:58
are normal and customary for this type of offense.
1:23:03
And then I see here is a recommendation of 20 days in
1:23:08
jail. You've been twice ordered to do
1:23:16
10 days in jail on the previous convictions.
1:23:20
The one from. 2014 Your honor, it was.
1:23:23
He was actually convicted of a lesser included class.
1:23:25
B Misdemeanor. Say it again, the October 13th,
1:23:32
2014 clause number 1317984. It was.
1:23:36
He was actually convicted of the lesser included Class B
1:23:40
misdemeanor. OK, So what happened there?
1:24:06
Why did that happen after that was his 4 conviction was so he
1:24:20
only has one felony conviction out of the 252nd that's correct.
1:24:25
Why would why in the world would that have been reduced?
1:24:30
I'm surprised MAD didn't come. Which is what they take care of
1:24:36
I mean. And I I I support them 100%.
1:24:40
You don't get lesser exposure to criminality by committing
1:24:47
subsequent similar crimes. The punishment goes supposed to
1:24:54
go up anyway you have two or more prior DWI convictions.
1:25:04
So this constitutes a third degree felony and you are
1:25:12
looking at no less than two, no more than 20 years can 10 years
1:25:18
confinement in prison and a fine up to $10,000 can be assessed.
1:25:23
And I read what the plan was to send you to 10 years in prison
1:25:29
probate that for 10 years and there would be terms and
1:25:35
conditions of probation which were similar to the other 4
1:25:38
probations. I presume you were on, Were you
1:25:42
were all these probations or? Did you just do?
1:25:45
Time on some of these misdemeanors, do you do you
1:25:49
remember? Do.
1:25:50
You remember if you did time you had you had the prior
1:25:53
convictions, right? Yes.
1:25:56
What is it? Shell, please?
1:25:57
I did, Mr. Yeah, I did on the 252nd, Mr. Giblin.
1:26:06
I did seven years probation. I did talks a lot on my truck.
1:26:12
A smart start for seven years and 300 hours community service
1:26:20
and the last one I got back in 2013 or 14 it was 2 years
1:26:31
promotion and several hours 80s a hundred hours I believe before
1:26:36
the community service and a couple of $2000 buying Sir and
1:26:44
I've completed the probation both times in the community
1:26:47
service and paid my fine and I had the detoxilizer the second
1:26:52
time. The last time I had one 2013 I
1:26:55
believe it will it will the final the final disposition was
1:27:00
on was in 2014. I think I've got the DWI in
1:27:05
2013, but the final disposition was in 2014.
1:27:10
But two years probation and I had the intoxilizer for it's
1:27:18
like 3 years. Sir, I've got an intoxilizer.
1:27:21
Myself in the knees. Well, that was a condition of
1:27:25
bond. Sir.
1:27:27
That was a condition of your bond, yes Sir, when you were
1:27:29
arrested this time. Yes, Sir.
1:27:31
But it's not because you want to do it.
1:27:32
It was because it was off. And so this is at least we're
1:27:41
dealing with your 5th five fifth DWI this time, correct?
1:27:48
This is your 5th. Come on today.
1:27:50
Yes, Sir. Well, do you?
1:27:55
Have. Premise.
1:27:56
Yes, your honor, he got 20 days on one of the misdeers. 60 days.
1:28:00
That's County court at Law number 311.
1:28:05
That was from 1985. I'll say that's the first one
1:28:08
here of the four, April 1998, that's and no, that's just
1:28:15
where's the 1988's conviction out of County Court of Law
1:28:21
2137400 20 days in 1988 we've got and in 19987546, the 252nd 7
1:28:41
years probated for and probated for a term of seven years during
1:28:55
selection 40 eight. I guess he had to spend some
1:29:02
time in jail that yes Sir, statutory required 10 days.
1:29:10
What opposed to anything? Impression hey the mood we
1:29:18
already have the enemy for 710 years I.
1:29:21
Think so. He has called.
1:29:28
You today I have just hello yourself.
1:29:30
There's two kids that are at the same age.
1:29:32
I took the Evelyn Manning speed reading course.
1:29:34
Would you? After I read that one, I know
1:29:39
it's a. Packet.
1:29:40
It's 10 days, it's always a packet, it's 10 days jail and
1:29:45
then we get to the 2000. 14. And that was reduced to a
1:29:50
misdemeanor. And what did he receive?
1:29:53
Suspended. He received 180 days jail.
1:29:57
That was suspended and he was placed on.
1:30:01
We need supervision. For that, what would do?
1:30:03
Or maybe even. There was a requirement, I think
1:30:06
if it's a misdemeanor in at least three days, they're
1:30:09
normally give them credit for that.
1:30:11
Yes, you're paying in jails. Oh, they don't.
1:30:13
They actually don't go into jail.
1:30:16
They just give them. Sometimes they do, really, but.
1:30:19
If they have a good lawyer. Well I mean it is a mandatory 3
1:30:23
days. How can they get credit if they
1:30:25
didn't serve the time when they when they get arrested?
1:30:30
That's one I think they. Counted.
1:30:34
They counted for three. So I'm not sure that the people
1:30:39
who are, you know, language, a fertifier and advocates of this
1:30:47
against this kind of behaviors feel like that's because it's
1:30:55
all right. Is that OK?
1:30:56
All right. So again, you're looking at a
1:31:01
third degree felony and you would be found guilty, sentenced
1:31:09
to 10 years by by prison. That would be suspended and you
1:31:12
would be probated for 10 years, $500 fine.
1:31:17
We understand that all of this if I follow this agreement
1:31:24
placing your probation of I guess 1/5 time, that's a great
1:31:31
question. Is that right?
1:31:33
Is he in probation on all? Those others.
1:31:35
That's correct. Then you have no right of appeal
1:31:40
of your case. Do you understand if I follow
1:31:43
disagreement? How do you?
1:31:46
Plead this guilty or not guilty Guilty.
1:31:50
Are you pleading guilty voluntarily and because you are
1:31:53
guilty? Yes Sir.
1:31:54
And paragraph 2, which recites or is prior convictions of
1:32:02
operating motor vehicles while intoxicated or and at least one
1:32:10
of them being a felony. Out of those four, are those
1:32:15
allegations true and correct as they are alleged?
1:32:20
Yes, Sir. And are you pleading true
1:32:24
voluntarily? And because these allegations in
1:32:28
this indictment are all true and correct?
1:32:31
That is true, Sir. Yes you are fine if I make an
1:32:37
emission anything that will include the federal emission
1:32:44
from the this mayor to have a rural constitution issue is in
1:32:51
it showing with multi states exhibit one.
1:32:53
Did you sign that document, understand it, discuss it with
1:32:59
your attorney? Are the contents all true and
1:33:01
correct? Is everything true and corrected
1:33:03
there? Yes, Sir, states Exhibit 1 is
1:33:07
tendered into evidence. No objections and without
1:33:10
objection it's submitted. Hold on, I'm letting look at one
1:33:13
other thing and on this page is all of that true and correct?
1:33:23
Yes, Sir. Space Exhibit 1 is tendered into
1:33:26
evidence and without objection, it's submitted.
1:33:29
Among other things, Sir, this states that you are mentally
1:33:34
competent to enter your guilty plea.
1:33:37
Yes, Sir, you have a little hearing trouble, but I think
1:33:40
you're alert mentally. You understand and appreciate
1:33:44
the consequences of pleading guilty.
1:33:45
You were competent to enter this guilty plea.
1:33:50
You understand and appreciate the consequences of pleading
1:33:52
guilty. There are there's sufficient
1:33:56
evidence supporting your guilty of plea from State's Exhibit 1
1:33:58
admitted here to find you guilty beyond a reasonable doubt.
1:34:04
I now find you guilty beyond a reasonable doubt of this third
1:34:09
degree felony of operating a motor vehicle while intoxicated
1:34:15
as I find you are mentally competent to enter.
1:34:17
Your guilty plea is freely and voluntarily made.
1:34:20
You know and appreciate the consequences of pleading guilty
1:34:24
and there's sufficient evidence here supporting your guilty plea
1:34:27
from State's Exhibit 1 admitted to find you guilty beyond a
1:34:30
reasonable doubt. I now find you guilty beyond a
1:34:33
reasonable doubt. Pre sentence report is way if I
1:34:36
presume I follow this agreement. You were hereby sentence to
1:34:41
confinement in the Institutional division of the Texas Department
1:34:45
of Criminal Justice to serve a term of 10 years that is
1:34:49
suspended. You were placed on regular
1:34:52
probation for 10 years. You must pay a fine of $500.
1:34:56
There will be terms and conditions like probation which
1:35:00
are normal and customary for this type of offense.
1:35:05
Make sure you follow them. If you fail, your probation can
1:35:12
be revoked and you can be sentenced up to 10 years in
1:35:16
prison. Sure.
1:35:20
Well. Actually, you must have an auto
1:35:22
ignition interlock system in any vehicle you operate, which
1:35:27
requires you to pass the breath test before it will start.
1:35:33
You must complete a Texas VWI repeat Offender program.
1:35:55
We're not going to that. Everybody.
1:35:57
Buckle up, you're going to go to jail for a while.
1:36:04
This is your 5th DWI, you have been placed in jail 4 separate
1:36:18
times before and you are still out there driving while
1:36:25
intoxicated. It's a 4000 LB missile.
1:36:31
It has to be operated soberly and responsibly and three times
1:36:38
the legal limit is not responsible behavior.
1:36:46
You're asking for what I when I assess this to do it on
1:36:50
weekends. Why is that?
1:36:52
You know, Mr. Amber is employed as a rigor for.
1:36:55
Such gain for employed, you know?
1:36:59
It asked. For the weekend time so you can
1:37:00
take his job all. Right.
1:37:03
Anything from the state because I'm about to drop it.
1:37:06
No, you're 180 days. You can do it in successive
1:37:11
weekends. It'll take forever, but at least
1:37:15
you won't be on the roadway putting people in harm's way.
1:37:21
You have had the the four previous convictions, did you
1:37:28
not deter you? And we're just lucky that
1:37:33
somebody. Wouldn't.
1:37:34
That if there wasn't an accident where people were injured or
1:37:37
killed, this is irresponsible behavior.
1:37:40
And I know people, the judges have talked to you in the past,
1:37:43
but you're still doing it. Sir, do you?
1:37:48
Are you an alcoholic? I'm going to be right, Frank.
1:37:51
Are you an alcoholic under the definition of alcoholic?
1:37:56
Yes, Sir, I believe. What are you doing about that?
1:37:59
I'm going to help you yourself. I have not had a drop of alcohol
1:38:05
since the day I was arrested in 1917.
1:38:10
You have been, but you've been dealing with DWI charges and
1:38:20
convictions full since 1985. That's 40 years. 40 years and
1:38:31
you still are not getting it right.
1:38:34
The most I can assess is 180 days.
1:38:38
You seem like a nice person but 250,000 people in this county
1:38:45
need to be safe from irresponsible behavior like
1:38:48
this. Repetitive.
1:38:50
So you're going to do 180 days and that's going to take a long
1:38:55
time. You're going to have to report
1:38:59
in the jail or before 6:00 PM every Friday.
1:39:03
They will release you 2 days later so you can be able to
1:39:06
work. You're talking about at that
1:39:10
rate, 90 weekends, almost two years, every weekend.
1:39:17
But I really don't feel sorry for you.
1:39:22
I'm I'm here to to be fair and impartial, but also see what's
1:39:27
in the best interest of the people and their safety and
1:39:30
wealth being and you're not, it's best convinced.
1:39:37
I'm all the. Time.
1:39:39
I'm really considering just ordering you not to operate a
1:39:44
motor vehicle on my watch. This was time, which I think I
1:39:50
can do. I don't see anything in the
1:39:53
Constitution. I think you have a right to
1:39:55
drive. But if you like, shame on
1:40:03
everybody involved the next time this happens because you have
1:40:09
shown a propensity to continue to do the wrong thing.
1:40:13
And it's all about self, yourself, interest.
1:40:16
You know, everybody else is put in harm's way, but you're
1:40:20
getting high and getting intoxicated.
1:40:23
That's you're not putting others.
1:40:27
Ahead of you like you should. You're worry.
1:40:29
You're just concerned about your inebriation first, getting high,
1:40:34
getting inebriated. Everybody else is going to be in
1:40:37
the way and they're the vulnerable ones.
1:40:41
You can't think that it's selfish thought.
1:40:44
I don't think you're a selfish person, but you or portraying
1:40:48
yourself to be for 40 years. Anything else now for Goodness
1:40:56
the 12 time to begin this weekend, yes?
1:41:00
That's the 30th. Whatever it is, they have to
1:41:04
agree, they have to tomorrow. 20.
1:41:09
The Today is 2028. Do you attend an Alcoholics
1:41:21
Anonymous? You're going to.
1:41:25
I'm going to throw you in that too.
1:41:28
That's important, I think. I think they're health.
1:41:34
But whatever has happened for 40 years is not working.
1:41:37
And I don't want something a catastrophic fatality event
1:41:42
happened on our watch because that's what happens when a 4000
1:41:46
LB missile hits another car. Like, like this can happen.
1:41:52
All right, Mr. Annberg, please see the probation officer.
1:41:56
He will go over everything and we will begin probation.
1:42:01
OK, so I I got to catch up on things here that took a little
1:42:05
while. Couple things I need to cover.
1:42:08
But first what struck me was that he talked about the 250,000
1:42:15
people in the county. Here's the saddest thing.
1:42:21
Based on what we see in his court and in Judge W court and
1:42:25
even in his name escapes me, Judge rubber gloves, even what
1:42:31
we see there, that county is saddest, this is to say, has
1:42:34
even more to worry about than this guy.
1:42:39
How sad is that 'cause this guy is horrible.
1:42:41
But it's messed up there for such a small population.
1:42:46
Barbara, thank you for gifting a membership.
1:42:47
I think you hit your target. So that's super cool.
1:42:52
Speaking of memberships, Daniels, Nina, thank you for
1:42:55
becoming a channel member. So channel members, Judge
1:42:59
Holmes, thank you, Michael. So channel members, So what you
1:43:03
get when you become a member of this channel is the ability to
1:43:07
join us on the pre show, which happens 1/2 an hour before this
1:43:11
show. So be sure to check that out.
1:43:13
You get the ability to call in and talk to me during the 4th
1:43:16
hour. This is case that we just saw as
1:43:18
another case I'm going to be discussing during the 4th hour
1:43:21
today. You get a discount in the store,
1:43:24
early access to videos, whole bunch of other stuff.
1:43:27
So thank you again to Daniels Nina for becoming a member and
1:43:31
thank you Barbara for gifting 1. So very cool.
1:43:34
And then also real quick, we were discussing in the chat
1:43:37
possible nicknames for Judge Stevens.
1:43:41
Judge Saffo was suggested. I would say if we're going to go
1:43:45
Saffo, we might as well just go all the way to Faffo.
1:43:49
But it's up to you, Michael. Thank you for gifting a
1:43:52
membership. But also that was suggested was
1:43:56
Uncle Judge. I don't.
1:43:58
I like that, but not for him. We need to find us a southern
1:44:02
backwoodsy kind of judge. You know, somebody look at you
1:44:06
go, yeah, that guy over here, he's my uncle.
1:44:07
Judge that that needs to be where that goes.
1:44:11
But we'll keep an eye out. I'm going to keep that one
1:44:13
written down because I like it. It just has to be the right
1:44:15
person. Any who I paused it.
1:44:18
But new contestant with Judge Stevens.
1:44:20
So let's just continue to ride with him.
1:44:21
And you are charged here. With.
1:44:25
The state jail felony of criminal mischief, which carries
1:44:28
with it up to two years in the state jail.
1:44:31
Have you ever been in trouble? With the law before, Sir.
1:44:33
One time back in the way, went to prison, got out, completed.
1:44:37
What was that for? Drug possession?
1:44:41
English, I fancy. OK, You fixed that.
1:44:46
You going to fix this? You're OK.
1:44:48
You know, right? What's wrong?
1:44:49
And you fixed it. That was when a long.
1:44:52
Time. All right.
1:44:56
This kind of a free kick event was weird thing.
1:44:59
We'll fix it. There's a way to fix it.
1:45:02
I think you're you know what's right and you foul up.
1:45:06
Welcome to planet Earth. We all do.
1:45:10
How we fix our? Mistakes and deal with them
1:45:12
that's the test of character how are you going to deal with this
1:45:15
responsibly yes Sir. Good.
1:45:17
Good. Mr. Risinger here is a good man.
1:45:20
He will guide you through all of this.
1:45:21
What did we want to do today, Your Honor?
1:45:23
Today we got all our discovery, all pictured, everything.
1:45:27
That's. So that's a step for the.
1:45:30
I got with the prosecutor. They gave me an offer.
1:45:34
We. I couldn't consider.
1:45:36
We we considered it. We counted offer incision
1:45:40
people, people willing to do this too is all the case and I
1:45:43
think. She's.
1:45:44
Reached out to the complainant witness this morning after I
1:45:47
received the counter offer and I didn't get an answer so I sent
1:45:50
him a text message asking him to call me back, which is what
1:45:53
happened the last time I talked to him.
1:45:55
So we just need a reset to give me time to run that counter
1:45:58
offer throughout the complainant.
1:46:02
This is older case, but I'm not wait two weeks and that's it.
1:46:08
They'll probably call today. That's correct.
1:46:11
It's two weeks. Good for everybody.
1:46:13
All right, get a resending. Thank you.
1:46:15
Thank you. Well, hopefully we'll next time
1:46:17
in front we'll have it resolved. That's good.
1:46:19
That's a good thing. Resolving is always a good
1:46:22
thing, yes. Sir.
1:46:25
Right there. I have a few minutes.
1:46:33
All right, I'll keep an eye on that court while they rack up
1:46:35
more contestants, but let's go back up to Judge Desanto.
1:46:39
Out from having. Do I know your client?
1:46:42
Yes, you do, Your honor. I do know your client, OK?
1:46:44
I think I haven't seen you in a little bit.
1:46:46
I think you played football with one of my boys.
1:46:48
Yes, ma'am. Or both of them?
1:46:49
I don't know. Yes, ma'am.
1:46:51
I think it's been a bit. OK.
1:46:53
Any objection to this court continuing?
1:46:55
No, Your Honor. Thank you.
1:46:56
OK. All right.
1:46:57
And so today's the date scheduled for the arraignment
1:47:00
pretrial in this matter and Council as to the arraignment.
1:47:05
Your honor, I'm going over to the advice of rights form of my
1:47:07
find advice of what he's charged with the penalties that may be
1:47:10
imposed will wait to formal preview pass the court of an
1:47:13
Oracle of not guilty. There should be a signed advice
1:47:16
of rights forward to file the matter.
1:47:19
The court will waive the formal reading, enter plea if not
1:47:21
guilty for purposes of the arraignment, and then as to the
1:47:24
pretrial counsel. Do you want to recommend with
1:47:26
the prosecutor there's a proposed discovery order that I
1:47:29
respectfully ask the court to enter?
1:47:31
I'd like some time to obtain and review the discoverable material
1:47:34
so I can advise my client at boarding week and the court will
1:47:37
provide it with another pretrial hearing date in three or four
1:47:41
weeks. I think that should be adequate
1:47:42
time to honor. All right, the court has signed
1:47:50
the discovery order. We can adjourn this.
1:47:58
To February 18th, the 18th is fine, your honor.
1:48:07
At 1:00. 30, 1:30 PM As to bond council.
1:48:15
Your Honor, my. Time is both are $250 KS bond.
1:48:20
Your honors are aware of the gentleman's small time presence
1:48:23
in the community. He has no pending banners than
1:48:25
he has no priors. He's became counsel of
1:48:29
satisfied. He'll appear to fight with all
1:48:31
orders of the court. I think the court will simply
1:48:34
continue to bond as said. OK.
1:48:37
And Sir, where is it that you work?
1:48:40
Me. Pardon, Sorry, I work at Ashley
1:48:42
Furniture. Out of point, Your honor.
1:48:44
OK. And are you currently on bond in
1:48:47
any other jurisdiction? No.
1:48:48
Ma'am. You're not currently on
1:48:50
pollution parole anywhere. No ma'am.
1:48:51
Ever failed to appear in court for any reason?
1:48:53
No, you're not. If you're in a test right now,
1:48:55
what's in your system? Marijuana.
1:48:57
Is in the system, ma'am. When's the last time you used
1:48:58
it, Sir? I used it yesterday do.
1:49:01
You have a medical reason to use it.
1:49:03
No, Your Honor, I do not. Moving forward, you're not to
1:49:05
possess or consume any alcohol or drugs that are not
1:49:07
prescribed. Understood.
1:49:11
All right, the court's going to get continue your cash bond.
1:49:14
You'll get a copy of your bond conditions council.
1:49:17
You'll also get a copy of your discovery order.
1:49:20
Thank you very much, Ron. All right, Thank you.
1:49:22
You as well. Let's go off the record,
1:49:24
Council, Can you approach for just yes.
1:49:25
Please. They always go off the record
1:49:31
when I'm trying to quickly eat something so I don't have to
1:49:34
talk to you with food bits all in my mouth.
1:49:37
Let's go back to George Stevens, new contestant.
1:49:45
Just 26 letters, but boy, those can be confusing and you put
1:49:48
them together in the world. OK. 25 CR 363 is called Jasmine
1:49:54
young that you is that yes. Yes.
1:49:58
OK. You were charged with the third
1:50:00
degree felony of tampering or fabricating physical evidence
1:50:03
with intent of impair its availability as evidence in an
1:50:09
ongoing investigation. What wasn't electronic data?
1:50:14
And. Records, OK.
1:50:19
And this wasn't something that was related to the investigation
1:50:23
of a homicide. So this carries with it, if
1:50:26
convicted, up to 10 years in prison today.
1:50:30
Does Room set the case for trial today?
1:50:33
OK, all right. And State understands what we're
1:50:42
doing. She doesn't do that assertively
1:50:47
without having an ace in her hand come to know, or two aces,
1:51:02
because all of this is for forensics, and that's science.
1:51:09
It either is there or it's not. OK, we're set for.
1:51:20
Trial. Thank you.
1:51:21
Good. Thank you.
1:51:22
Great. Let's say get it resetting, try
1:51:26
and. Yeah, OK.
1:51:31
Do I have to be here? No.
1:51:33
OK. See y'all later, Judge.
1:51:35
Darren Peace, come on up. I'm trying.
1:51:43
Thank you very. Much.
1:51:54
What is your middle initial? Your middle initial is D, as in
1:51:57
David. What is the name?
1:52:00
Dwayne. All right, you're Darren.
1:52:07
Dwayne Keys, when you were here with Mr. Kelly, your attorney
1:52:10
and the State's attorney in 24 CR 1632, you have been indicted.
1:52:16
Well, this isn't kind of a while for the second degree felony of
1:52:21
assault on the peace officer. And it carries with it, if
1:52:27
convicted, no less than two, no more than 20 years confinement
1:52:30
in prison and a fine up to $10,000 can be assessed.
1:52:32
Do you understand that you're charged with the punishment
1:52:35
range applicable here? Yes.
1:52:38
OK, What are we doing? And we have 30.
1:52:40
Days, please judge. How long has this thing been
1:52:46
language? This been language should wait
1:52:48
too long. Why?
1:52:51
That I'm not sure. I know that Darren and I have
1:52:54
all been together a couple of times it.
1:52:56
Previously had Mr. Dusler on it. He was on it for a little while.
1:53:07
How much time? Four weeks, yes.
1:53:09
Thanks. Thanks, Tom.
1:53:12
I know we'll move it one way or the other.
1:53:16
Expedient, please get a reset. Yes, if Brent Turf were here, I
1:53:27
know we would go with all of his cases, but he's not here, so
1:53:30
we're going to reset those. Excellent.
1:53:33
All right, let's change it up. Let's go up to Michigan.
1:53:35
Looks like Judge Middleton is going to do a sentencing of some
1:53:38
kind. To live streaming because the
1:53:42
courts were closed because of COVID and the court proceedings
1:53:47
are to be public. So the solution was we did
1:53:50
everything by Zoom. So in the early days of all
1:53:56
this, May of 2020 and through that first year, everything was
1:54:02
live streamed and the live chat was left on.
1:54:05
We didn't even realize what it was.
1:54:10
As soon as we were no longer required to live stream, when
1:54:13
the courts were open again, the other judges here in Saint
1:54:16
Joseph County stopped and I continue to live stream my
1:54:20
proceedings and I plan to continue when we move to the
1:54:25
historic building. Judge Stutzman, however, is
1:54:29
going to have to do some of his matters remotely, either from
1:54:34
his office or from some other location while the construction
1:54:38
is going on. And so those batters are going
1:54:43
to have to be live streamed. So he will be starting his live
1:54:47
stream again, I think next week. He was the one that originally
1:54:54
taught us all how to do it. Well, the programs have changed
1:54:57
some since then and he's going to get reacquainted with it, so
1:55:04
we'll work on that. Not yet.
1:55:07
We got a hold of him. Hey, Abby, did you get a hold of
1:55:10
him? Where is Angela?
1:55:12
OK. All right, good morning.
1:55:22
Once again, we're here for the sentencing and people versus
1:55:26
Robert Lee White 252284 Good morning, Mr. White.
1:55:32
Mr. White was here in a timely manner reading.
1:55:35
The attorneys have been discussing the matter present as
1:55:39
his attorney, Miss Casey Strong and Abby Stoll is here from the
1:55:46
Prosecuting Attorney's office. This is AFY case which stands
1:55:50
for a felony. It started as a larceny over
1:55:53
1000 but less than $20,000. This allegedly occurred in
1:56:01
summer of 2025. The defendant was arrested in
1:56:06
November of 2025. The felony charges were
1:56:11
dismissed and the defendant entered a plea to a misdemeanor
1:56:15
charge of larceny, more than 200 but less than $1000.
1:56:20
That was done on December 16th. This alleges the number of
1:56:25
thefts of wire and other property that belong to Forest
1:56:35
River. They're apparently videos of
1:56:39
some of this and there's some other evidence.
1:56:42
There's a Co defendant, Peggy Lytle, who has yet to be
1:56:46
arrested. There's an open warrant for her
1:56:48
arrest for this same set of circumstances.
1:56:52
At any rate, Mr. White entered A plea and the matter was set for
1:56:57
sentencing. It was set for sentencing on
1:57:01
January 21st and the defendant called and said I can't get to
1:57:06
court. The person I'm writing with has
1:57:09
a diesel truck. It won't start.
1:57:13
It was very cold that day. Schools were closed, the roads
1:57:16
were bad. We simply agreed to continue the
1:57:19
matter until today. It had been set for sentencing
1:57:33
well earlier in December and early January.
1:57:37
We were trying to determine what the restitution amount would be.
1:57:46
So the matter was adjourned from the 21st to today, the 27th, and
1:57:52
here we are. Joining us now is Anjali
1:57:55
Canfield from the Prosecuting Attorney's Office.
1:57:59
And she was attempting to get more information regarding the
1:58:06
prostitution issue. And it's hard to determine
1:58:11
because there were more than one incident.
1:58:17
It's hard to value this property.
1:58:19
What is its value is for its intended use or what is its
1:58:22
value for scrap? Those are issues that could make
1:58:26
restitution difficult to nail down.
1:58:30
At any rate, as I indicated, Mr. White entered a plea on December
1:58:33
16th. I talked to him about it.
1:58:35
He acknowledged responsibility for this, told me that he stole
1:58:39
this property. I'm advised this morning in
1:58:43
chambers. I wasn't aware that I was doing.
1:58:45
Sorry. All right.
1:58:47
All right. That you wish to withdraw your
1:58:50
fleet. Yes.
1:58:52
All right, you told me you knew you were stealing.
1:58:56
I don't know how you would not know you weren't stealing.
1:58:58
There was no signs or anything, Your honor.
1:59:00
And the guy that told me about the place said he's been getting
1:59:03
wired from there for over 2 years.
1:59:05
I just want to do a blanket fix amendment.
1:59:07
If this is going to be withdrawn, I want to make sure
1:59:11
Mr. White understands fully that we are recording and anything he
1:59:15
says could be used as an admission so.
1:59:17
Yeah, so don't say anything. The problem is it wasn't yours.
1:59:22
It doesn't matter that other guys were stealing from it.
1:59:26
It wasn't your problem. Stop, stop, stop, stop, stop.
1:59:32
And it had value or you would have taken it.
1:59:36
So apparently there were multiple incidents of this.
1:59:40
But The upshot of this, Mr. White, the felony charge was
1:59:45
dismissed in exchange for your plea to a misdemeanor.
1:59:48
Are you advising me this morning that you wish to withdraw your
1:59:51
plea and have this matter set for a preliminary examination on
1:59:56
a felony charge? Yeah, Your Honor, because I
2:00:00
don't see where there was a crime committed, really.
2:00:05
All right. It was more of a don't say any
2:00:14
more. I'm not unwilling to hear what
2:00:17
you have to say, but as your lawyer says, anything I said
2:00:20
could be used against you. The law in this area, we
2:00:39
discussed this in chambers. Whether I agree or not, the law
2:00:42
says that when someone moves to withdraw their plea prior to
2:00:46
sentencing, the court shall grant that motion to withdraw
2:00:51
the plea with great liberality, meaning the law favors allowing
2:00:56
the defendant to withdraw the plea.
2:00:58
Whether I think it's a wise idea or not isn't part of the
2:01:02
equation. You're turning a misdemeanor
2:01:05
back into a felony. And what would the next step
2:01:12
would be to set a pre exam conference and then ultimately A
2:01:23
preliminary examination? Miss Canfield, were you able to
2:01:28
get any restitution information? I, I did get some restitution
2:01:32
information, Your Honor, and they're in the process of
2:01:35
gathering the documents in support of that.
2:01:37
But what I can relate to the court and counsel is that I
2:01:41
spoke with Mike Getter, who is one of like the main general
2:01:46
managers of the company and he then has the subsequent plant
2:01:50
managers that oversee things. The purchasing agent for the
2:01:54
White Pigeon plant is Dorothy. And Dorothy was gathering some
2:01:59
documents for the alleged drum of wire that was stolen, some
2:02:04
receipts for their scrap metal that when they turned it in for
2:02:09
money, they earned $1.26 a pound.
2:02:12
And she says each, each drum, if you will, was 6 to £700 and
2:02:20
there were nine of those that have been taken over the course
2:02:22
of these few weeks. There was also an entire drum of
2:02:26
new wire that was taken, which was presumably something the
2:02:32
company would use throughout the business.
2:02:34
So that was not scrap. That was $17102.00.
2:02:39
And then they allege that power cords were taken.
2:02:44
I don't I think the defense would be able to point out that
2:02:48
in the video there aren't any power cords in the wagon.
2:02:52
There are none that were were demonstrated for the defendant
2:02:55
to be near, at least on the one occasion that it was videoed.
2:02:59
But what the defendant turned it in for and the receipts that are
2:03:06
in the police report indicate that he earned 42143 dollars off
2:03:11
of what he had taken and turned in.
2:03:15
So that is the very least amount of what restitution would be is
2:03:18
what he had earned off of it. But I do believe it could go
2:03:22
upwards of $14,371 depending upon the court's determination
2:03:29
of it. After hearing the plant manager,
2:03:34
for what it's worth for the defendant and his counsel had
2:03:36
indicated to me that if there were a sanction and a jail
2:03:41
sentence, while they would like the restitution back, their main
2:03:47
concern is for somebody who is a repetitive theft from their
2:03:50
property. They would like some jail and
2:03:54
they may be willing to forego restitution for a jail term.
2:03:58
So I just wanted that to be on the record because I mean, if a
2:04:02
plea is withdrawn, we will not be making any more misdemeanor
2:04:05
offers and this will proceed as a felony and and I will try it
2:04:11
as a felony. So that is the one caveat for
2:04:15
the defendant that's important for him to know.
2:04:17
And I know the courts already mentioned it.
2:04:21
And for the sake of the record, I did discuss that in the
2:04:25
abstract with Mr. White, because it had not been officially
2:04:28
extended, but we had that. Conversation as well.
2:04:32
For the record, the guy stated that he didn't care about the
2:04:35
wire that I was taking. All right, so some unknown
2:04:40
person, apparently somebody cares about it.
2:04:44
So do you wish to withdraw your plea?
2:04:52
I would just state the court will for the people.
2:04:55
We obviously want to just object to that based upon the fact that
2:04:59
there was no error in the taking of the plea.
2:05:01
The defendant was read his rights, he understood his
2:05:04
rights, he had representation. The court was very clear and
2:05:07
it's taking of the plea, the defendant admitted the offense
2:05:12
and the other portion is so if there's no error in the taking
2:05:16
of the plea that mandates A withdrawal.
2:05:19
There has to be a manifest injustice.
2:05:23
I don't believe that's been demonstrated by the defense.
2:05:27
And I do think also I don't know that there'd be prejudice to the
2:05:31
prosecution necessarily. Your Honor, we have the
2:05:34
witnesses available. So I don't know that that
2:05:36
element applies. Well, I don't know about the
2:05:38
manifest injustice standard, but yeah, there is a prejudice to
2:05:41
the state. For example, let's say this was
2:05:44
a plea that was taken on an assault case, and after you
2:05:53
entered the plea, the complainant was killed in an
2:05:55
automobile accident and they would be unable to present the
2:06:00
complainant. I.
2:06:02
Feel that there was no stop stop.
2:06:03
I understand what you feel. I don't agree with it but I
2:06:06
understand that's your cock eyed theory of it.
2:06:10
My sense of this was this was a giant gift.
2:06:15
The amount stolen as a minimum $4000 and up to $14,000.
2:06:20
If you want a felony, I guess you may have one.
2:06:22
And may I say something wrong? All right, I may stop you.
2:06:28
But yes, I've always, I mean, I've been in here several times.
2:06:35
I've always stepped up to take responsibility for what I've
2:06:37
done. I don't feel that.
2:06:40
I know for a fact that I didn't take no power cords out of there
2:06:43
and didn't take no big full of wire either.
2:06:46
All right, one of the things, a lot of stuff was stolen and you
2:06:49
may not have been the only person stealing.
2:06:51
Yeah, I just in the I've got some issues regarding that.
2:06:55
But the other issue is your counsel had met with you,
2:07:00
advised with you in good faith and worked out this misdemeanor
2:07:04
plea to your advantage and now that the sentence is now you
2:07:08
wish to withdraw your plea. It's not fair for her to have to
2:07:11
continue to represent you in this matter.
2:07:14
I will release, I understand that Casey Strong as attorney, I
2:07:25
will allow you to withdraw your plea.
2:07:38
As I said, this was a in my mind a generous plea offer.
2:07:43
It would be something they could try.
2:07:46
The problem is they got a bunch of other more much more serious
2:07:50
cases than this that need to get tried.
2:07:53
And so sometimes you have to make a decision and resolve the
2:07:57
less serious cases to make room for the more serious cases.
2:08:02
So this doesn't trump a murder case or assault with a hammer or
2:08:05
criminal sexual conduct case, the kinds of things that are
2:08:08
pending. So, but you do have an absolute
2:08:13
right to have a trial. Where are you living?
2:08:23
Are you at the Maple Street address?
2:08:27
Are you really or just sort of homeless?
2:08:30
I don't know. It's my dad's place.
2:08:32
All right. I would have just set it for
2:08:44
freelance, but we're going to get new council and it wouldn't
2:08:49
be fair to them to appoint it and just set a freelance.
2:08:52
So I'm going to set a pre exam conference for.
2:09:06
February 10th at 8:30 and the primary examination for February
2:09:19
17th at 1:00. So we're back to square one.
2:09:28
We haven't accomplished much between December and now.
2:09:31
One of the things in here is you denied everything.
2:09:39
Peggy Lytle admitted everything, according to the affidavit.
2:09:47
She says, yeah, we understood they were stealing stuff, how
2:09:57
many times they stole. She told them that we all right,
2:09:59
stop, stop, stop, stop. So you denied anything, knowing
2:10:03
anything about anything. You didn't say some version
2:10:07
about, hey, some guy told me I could take this, You just denied
2:10:10
it all together. And then she said, yeah, we've
2:10:13
been stealing this stuff. They were out here two or three
2:10:17
times this week. So she hasn't been arrested yet.
2:10:28
I don't know where she is. I don't know if anybody even
2:10:30
looking. For.
2:10:32
But as I said, if you want a felony, I guess you can have
2:10:35
one. You can go to.
2:10:37
Prison for this as opposed to a jail sentence?
2:10:42
But you've stated your position, so we'll set up for exam
2:10:47
conference for February 20, tenth at 8:30.
2:10:50
I suspect your new lawyer is going to tell you the same thing
2:10:53
that Miss Strong told you, that this misdemeanor plea was a good
2:11:01
offer, but we won't proceed with a sentence today.
2:11:06
In the meantime, the prosecutor will continue to work on that
2:11:09
restitution figure. So I want you to go out to the
2:11:13
calendar. We're going to appoint a new
2:11:16
lawyer for you. Set a pre exam conference for
2:11:18
February 10th and a freelan February 17th if needed.
2:11:25
At 1:00 I'll do an order allowing the.
2:11:28
Defendant withdraw the. Plea and allowing the strong to
2:11:31
withdraw as council. Thank you.
2:11:35
All right, thank you. Thank.
2:11:36
You. That is one of the most
2:11:38
interesting choices that I think I've ever seen.
2:11:41
And that'll be yet another case we discussed during the 4th
2:11:43
hour. I've got three of them now that
2:11:46
I want to talk about when we get there.
2:11:48
Reminder to channel members, you can join me in the fourth hour.
2:11:51
You can call in, you can give me your thoughts on what I've
2:11:54
discussed or anything else you've seen today or whatever.
2:11:58
Here's how you do it. You have to be on the Discord
2:12:01
server. That's easy enough.
2:12:02
I'm sure Barbara will drop a link in the chat if she hasn't
2:12:05
already multiple times so you can get there.
2:12:08
So if you're not already on Discord, sign up super simple
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2:12:19
The link changes every day for how to join me.
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And just an FYI, since I'm sure some of you are camera shy, you
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don't have to appear on camera. You can keep your camera turned
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2:12:39
All right, let's let's go back to Stevens.
2:13:33
And he's muted himself. Let me see if I can now jump
2:13:37
forward at all. Filed on September 30th of 2025
2:13:45
in this case and anything anyone wants to add from here stay.
2:13:54
Nothing. We're going.
2:13:56
To I think we're going to move forward one way or the other.
2:14:00
We've had enough time to figure this out.
2:14:02
And if we're not going to get help from Louisiana officials,
2:14:06
there's nothing we can do. We can only take care of Texas.
2:14:10
So what what says the defense judge?
2:14:13
Just I think Miss Stafford may want to speak to us in a few
2:14:15
seconds. But I was wondering so that she
2:14:17
did feed true one to four without a whole lot of fanfare.
2:14:22
She came in and owned up some stuff, an initial, one of our
2:14:25
initial settings with the court. Since then we've been trying to
2:14:27
work this out with some court conditions that the court
2:14:30
imposed. She's she complied with rather
2:14:34
quickly. The state hasn't been able to
2:14:36
verify some of the information, but she does, from what she is
2:14:38
telling me, have some plans with MHMR and spindle top.
2:14:44
To where she. Could if she were to be able to
2:14:45
get out and get reinstated, she could go there get the help she
2:14:48
needs. Apparently housing, GED, place
2:14:53
to work and whatnot that she can she can take advantage and start
2:14:57
paying back the restitution that the court has ordered on the
2:14:59
underlying cases. She knows she made bad decisions
2:15:03
with her probation status with some drugs and whatnot, but some
2:15:09
of that was she was transient and and not didn't have how much
2:15:13
was paid back on restitution, if any Nothing.
2:15:18
But she was homeless judge without a job.
2:15:20
And so if she can get help with getting a job that might lead
2:15:23
and stop her from committing A burglary.
2:15:25
Didn't stop her from using drugs, didn't stop her from
2:15:30
failing to report. Come on.
2:15:32
Yeah, she has been doing well and she has been incarcerated.
2:15:35
She's clear headed, hasn't had to worry work with drugs.
2:15:38
I think she's seen them. I agree.
2:15:40
I think she's seen her ways and she's incarceration seems what's
2:15:44
best for her and her her actions, it seems certainly has
2:15:50
not proved to be a harm to the general public except for the
2:15:54
cost of the taxpayers to halt houses.
2:15:58
But she's it's incarceration that keeps her from using drugs
2:16:04
and and we know where she is because she doesn't report when
2:16:09
she's supposed to. She had she's been on probation
2:16:13
since July of 23 and that's 2 1/2 years.
2:16:19
And it's not it's failing. She's had a fair opportunity.
2:16:25
Question isn't what do we do? And I hear you want to continue
2:16:28
on probation. What's state say, Your honor,
2:16:32
she still owes the $23,835. She hadn't paid a dime.
2:16:37
No, Sir. So I mean, keeping her out for
2:16:41
for 2 1/2 years has resulted in nothing.
2:16:47
Accept her spending whatever she can for buying drugs that she's
2:16:54
best positive for. Methamphetamine, ecstasy, and
2:16:57
marijuana. Just obviously leave it to the
2:17:02
court for whatever you think is appropriate for that amount of
2:17:05
restitution that's still owed and has not been paid in this
2:17:08
case. It's hopeless under, under,
2:17:14
under these circumstances, if not one penny has been paid in 2
2:17:19
1/2 years. Judge, would you like to hear
2:17:21
from the Stafford? Yeah, I know.
2:17:26
It don't look like it ain't. It wasn't right what I've done.
2:17:29
No, it's no, it's not. It's clearly wrong.
2:17:31
You committed a crime. You committed crimes while you
2:17:34
were on probation in the drugs you bought drugs, use drugs.
2:17:39
That's all crime. Every one of those are crimes.
2:17:41
Felonies, some of these are felonies met them better than
2:17:45
possessions of felony, for example, but and you didn't
2:17:49
report you, you scampered off you, you went AWOL.
2:17:52
We can't help you when you scamper off and disappear.
2:17:56
You're that's the one thing you have to do.
2:18:00
If you can't do anything else that you've got to report
2:18:02
regularly or else you're really not on probation, you're on your
2:18:06
own probation, which is failing your your probation while you've
2:18:11
supervised yourself. You went out and got into drugs.
2:18:16
So I gave you the chance, ma'am, when we placed you on probation
2:18:22
the first time, how many chances do you get?
2:18:26
How many chances Everybody is subject to the same thing, we
2:18:29
told. You.
2:18:30
When hey, as you know the actions have consequences and if
2:18:36
you violate your probation, only one violation is enough to grant
2:18:41
the motion, a motion to revoke probation.
2:18:43
Your probation can be revoked. You can be sentenced up to, in
2:18:48
this case up to 10 years in prison.
2:18:50
Even though this was a second degree felony, you were placed
2:18:54
on regular probation. So the cap is 10 years yet even
2:18:59
though it would have been up to 20.
2:19:00
Can you just give me? A.
2:19:02
Chance. To you got you had your chance.
2:19:06
Here's I opened the door for you.
2:19:08
I opened the door for 5000 people.
2:19:11
Everybody swears that they're going to do the right thing and
2:19:14
93% of our probationers do. They don't come back.
2:19:20
And. Try to explain where they get
2:19:24
their drugs, how they got their drugs, illegally committed
2:19:27
crimes and they report. When you don't report, you're
2:19:31
AWOL. And that's in I, I, I'm going to
2:19:35
set an example. They have to follow the rules.
2:19:38
If I didn't, then if I treated you differently, then people
2:19:44
would say yeah, I didn't report. But I want the Lydia Stafford
2:19:49
rule she got. She didn't report and then when
2:19:52
y'all caught her then she got another chance.
2:19:55
That's what I want. You are fair, aren't you judge?
2:19:58
Well, I I want to be fair. I'm going to treat everyone
2:20:02
similarly in the same situation. You can't go out and go AWOL.
2:20:08
For all this time, you can't go out and use drugs and then say.
2:20:11
OK. I'm going to really follow the
2:20:14
probation this time. You've had your chance, you
2:20:16
know. Let me see if we censor it for
2:20:18
you. You'll be so fine.
2:20:20
Thank you. Nothing but new in.
2:20:23
Cases. And you were originally charged
2:20:33
with four separate burglaries of homes and the state proceeded
2:20:40
just on one. No, Your honor, she's on
2:20:43
probation for all four. All four?
2:20:45
Yes, Sir. OK, hold on.
2:20:52
So all right then I misspoke. We are also dealing with 23 CR
2:21:04
342 probation where you were placed on 10 years imprisonment,
2:21:13
probation for 10 years, 34323343 another burglary, sentenced to
2:21:25
10 years and probated for 10 years and finally 1/4 burglary.
2:21:33
So you were on probation 4th with all four burglaries
2:21:40
341342343 and 360, correct? That's correct.
2:21:45
Well, we need to go through all those.
2:21:49
Well, I know, but she has to enter.
2:21:50
Please attrue think she entered at the I believe she did before
2:21:55
you. That's what I have it on my
2:21:56
sheets, Your Honor. Each one of them.
2:21:58
She let you pay in each of those.
2:22:00
You're right, she did enter Please attrue back on October
2:22:04
6th to the same failings, failing to report any use of
2:22:11
methamphetamines. Which case is it?
2:22:14
That is the restitution. There was 0341, there was
2:22:20
$14,700. I'm sorry, 03.
2:22:24
So I've got my pen, now go. Ahead and 0.
2:22:28
Start over from the beginning, OK?
2:22:30
And 341, it's 14,000. Hold on.
2:22:35
Stand by. Yes.
2:22:46
Hello. Yes.
2:22:52
Yes, Sir. Thank you.
2:23:17
What do we need to do about that?
2:23:19
What do I need to do about? Yes, it is.
2:23:30
What? We're on the water tank.
2:23:32
Where's where's the water? There's a there's a device on
2:23:40
the tank that is a level. OK.
2:23:50
All right, So this is Johnson City.
2:23:57
He goes. What?
2:24:02
What about do I go in LA? Gone.
2:24:11
Yeah, certainly. All right.
2:24:17
Well. Yes, Sir, Yeah.
2:24:23
All right, then. Thank you for turning where
2:24:26
we're going. What was the level of the
2:24:31
programming? OK, so it was low.
2:24:37
OK. Well, I'll go ahead and say, OK,
2:24:46
I appreciate you so much. Thank you, Sir.
2:25:10
OK, we're back here. And that is correct.
2:25:15
The defendant had entered pleas of true to allegations in each
2:25:22
of these four cases. To allegations one and four.
2:25:27
And which is the case that has the restitution on it?
2:25:34
341 There is $14,700 in that case.
2:25:52
How much? 14,700 OK.
2:25:56
And then in 360. Yes, there's $9135, that's 9135
2:26:13
a $135 and the total that I have is $23,835.
2:26:18
Thanks. All right, anything else else to
2:26:38
add from anyone here? Yes, I get a sense of where this
2:26:42
head is. So just making the argument that
2:26:43
Missus Stafford has been entirely compliant with
2:26:46
everything the court has requested of her up to the state
2:26:49
she has been trying. No, she's she has not.
2:26:52
Well. Since.
2:26:53
She submitted to the. Revocation.
2:26:55
To those are all serious violations and she pled true and
2:26:59
she's the court had requested some information from her.
2:27:02
She provided the court with information the state.
2:27:05
Had yet to. Verify it.
2:27:08
She did admit she has a drug issue.
2:27:10
Which I tend. To think mitigates these cases
2:27:14
and as such, if the court is not going to reinstate her, it's not
2:27:18
the truth. It's it's not there.
2:27:25
There isn't a condition that you can't use drugs.
2:27:32
There is a condition you can't commit crimes and these are all
2:27:37
illegal acts. It's these are crimes that
2:27:41
you're committed, not just on taking medicine or controlled
2:27:47
substances, but it's illegal. What you have done.
2:27:51
It's certainly was inappropriate not to report.
2:27:55
If you can't do anything else, you have to report.
2:27:57
That's the basis. If you don't report, you're not
2:27:59
on probation. But I've been over that.
2:28:04
You just failed and I'm sorry you did.
2:28:07
But I'm sorry for the victims of the burglaries.
2:28:11
That's who I. The victims here, you're the
2:28:14
ones who you're the one who invaded people's homes and and
2:28:20
we gave you a chance on you and heck, people can get shot for
2:28:24
doing that. You had your chance when we put
2:28:29
you on probation in the 1st place ma'am.
2:28:31
And here we are with a motion to revoke probation alleging not
2:28:35
one, not one, but 10 violations. We already we've already unless,
2:28:53
yeah, we we warned you at the beginning and I know the
2:28:57
probation officer is helping as best you can, but anything else?
2:29:07
I'm sorry, ma'am. What state?
2:29:09
Say again, Your Honor, just wherever the court is
2:29:13
appropriate for this amount of time.
2:29:16
Generally, with that amount of restitution, the court has given
2:29:19
the maximum from what? We've dealt with SO.
2:29:22
That's what we'd have to ask for, your honor, and we'd ask
2:29:26
for the maximum. That's what the court generally
2:29:28
gives when there's a large amount of restitution.
2:29:30
That doesn't mean that does send us someone to Penton.
2:29:35
OK. Anything else?
2:29:37
Judges said the staff would ask for the minimum.
2:29:41
She, she has been compliant since this has been filed.
2:29:43
She's been trying to do better. I think she has an earnest
2:29:46
belief that or earnest effort to try to do better drugs did cloud
2:29:49
her decision making and and made him on.
2:29:51
It wasn't the drugs, it was her choices.
2:29:55
That that filed up is what we're going to do, Miss Stafford.
2:30:05
In. Cause numbers 23 CR 342 and 343.
2:30:11
The Court finds that you have pleaded true voluntarily,
2:30:16
knowingly, intelligently, and also in clause numbers 341 and
2:30:21
360, you have pleaded true to allegations in each of these
2:30:26
cases, to allegations 1 and 4, voluntarily, knowingly,
2:30:30
intelligently. That is enough to grant these
2:30:34
motions to revoke probation by a preponderance of the evidence or
2:30:37
greater, and your probations are subject to revocation.
2:30:45
I am hereby revoking your probations for your violations
2:30:52
of probation in cause numbers 3 to 23342 and 243.
2:31:00
Your probations are revoked in those cases and you were hereby
2:31:05
sentenced to confinement in the Institutional Division of the
2:31:09
Texas Department of Criminal Justice to serve a term of five
2:31:12
years. You will be given credit for
2:31:16
time just have served in accordance with these cases,
2:31:22
which should there's just at least 340 days and that will
2:31:32
limit the time you're going to be in prison.
2:31:34
It will limit it in cause numbers 341 and 360.
2:31:40
The court finds that there is enough evidence to revoke your
2:31:44
probation in those cases. I am going to nonetheless
2:31:48
continue you on probation on those two so that you can pay
2:31:53
something back to these poor people who I feel sorry for.
2:31:59
You still owe restitution in the amount of $14,700 in cause
2:32:04
number 341, that burglary of a home and restitution of $9135.
2:32:12
You're going to continue probation if you fail on those
2:32:16
You were subject to, as you know, revocation and 10 years
2:32:22
imprisonment on each of those cases.
2:32:25
Don't think I won't assess that if I feel like you are not
2:32:30
trying. You have been on probation for
2:32:33
years now and you have paid nothing back, but you have
2:32:37
gotten into the drug trouble again and you have walked off
2:32:41
the job and failed to. Report.
2:32:43
That's irresponsible. You're you have to pay a price
2:32:47
for that and I'm holding you. Account.
2:32:50
Anything else to adds? That is all.
2:32:52
Thank you. Well, all righty friends.
2:32:59
So we've talked in the past about the stats for completing
2:33:04
probation successfully. I found those stats that I had
2:33:08
before and I pulled them up and I'm going to get back into them
2:33:11
in the fourth hour just to refresh us.
2:33:14
Let's change it up. Let's go to El Paso and their
2:33:17
jail Magistrate Court. That's always a good time.
2:33:19
High school. His entire family lives in El
2:33:22
Paso. He states the honor that he has
2:33:26
$1000 to pay towards a bond. He works at Harno's Barber Shop
2:33:31
as a Barber and he did provide his brother's phone number
2:33:35
915291. He he has expressed a desire to
2:33:45
attend Job Corps and your honor, that money is coming from his
2:33:48
mother as far as posting his bond.
2:33:51
We will be. Requesting APR bond or any
2:33:53
reduction that the court is willing to give.
2:33:56
Thank you, Miss Bryant. Yes.
2:33:58
Your Honor. On January 25th of 2026, law
2:34:03
enforcement responded to a Shots in Progress.
2:34:07
Once they investigated the scene, they came into contact
2:34:11
with defendant and his brother, who they learned may have had
2:34:15
involvement with the Shots in Progress call.
2:34:19
When they spoke to defendant, he indicated that he had shot his
2:34:24
rifle towards a black truck because he saw somebody in the
2:34:28
truck had displayed A handgun and he heard shots and then he
2:34:33
gave his rifle to a friend who he didn't name and they took the
2:34:39
weapon to some unknown location. So that's where both of the
2:34:44
charges come from. He does have a Class C theft
2:34:48
from March of 2025. So, your Honor, for the safety
2:34:52
of the community, we would request APR bond not be granted.
2:34:57
Were the officers able to find anybody of the vehicle that he
2:35:05
claimed he shot at? Based on the affidavit, Your
2:35:11
Honor, it doesn't seem that that part, if it was investigated,
2:35:15
was not included in the report. How many times did he shoot the
2:35:20
rifle? Let.
2:35:23
Me see if he indicates it. Says he began shooting.
2:35:34
I don't think he indicates how many times.
2:35:42
All right, on the tampering with evidence, $2500 cash corporate
2:35:46
surety on the on the deadly conduct 5000 cash corporate
2:35:55
surety. He's going to be under intensive
2:35:57
level supervision. Sir, you are ordered not to use
2:36:00
drugs or alcohol, Stay encountered with the Peer Bond
2:36:02
office and do not commit any further crimes.
2:36:05
In addition to that, you may not possess any weapons, firearms or
2:36:08
evignations. What school are you going to?
2:36:13
I want to, I want to join the Job Corps, man.
2:36:15
I can go. You haven't joined anything at
2:36:17
this point in time. No, no, Sir.
2:36:19
OK. I'm going to have a curfew from
2:36:21
9:00 PM until 6:00 in the morning unless you're working or
2:36:24
going to school. Do you understand?
2:36:26
Yes, Sir, that's perfect. All right.
2:36:28
Thank you very much and have a good day.
2:36:30
So what's going to happen? And in order for you to get out
2:36:33
of jail, you're going to need $7500 in cash.
2:36:36
Or you can go through a bonding company.
2:36:38
A bonding company is going to charge you a 10%, 10 to 15% of
2:36:43
the amounts of the bond. So you're going to need it no
2:36:45
less than 750, maybe up to $1000 to get out of jail.
2:36:50
Understood. Thank you, Sir.
2:36:52
All right, have a good day. Have a wonderful day.
2:36:56
Next. Miss Smith.
2:36:59
I'm sorry, it's 'cause I was just going to take your point.
2:37:01
People share, OK. Your Honor, the only other GP
2:37:05
that I have is Mr. Roacho, and if you give me a couple minutes,
2:37:08
there's one more gentleman that's a lockdown here, Jones.
2:37:11
Let me have Mr. Let me have Mr. Roacho, please.
2:37:14
OK, do you want me to change the interpretation?
2:37:17
No. OK, you're Nexus Roach.
2:37:23
Yes. Buenos Dias, senior Roacho.
2:37:26
Mr. Loving, how's your Spanish? Good is yours, your honor.
2:37:31
Huh. Not as good as yours I can
2:37:33
understand, but speaking is where I get in.
2:37:36
Ms. Bryant, do you speak Spanish?
2:37:38
Your Honor. OK, Buenos Dias in your roacho
2:37:42
estamos aqui para peneruna vencio Las cuarencio choras esta
2:37:46
salvezias in English la fiancas de Los de Las personas ques
2:37:55
tenidas dos casos Uno desos casos ES UN de lito donde yono
2:38:02
puedes cuchare la sunto MI puedo la fiance caso.
2:38:28
OK, Aura CEO personal. Por El tiempo esta de tenido
2:38:56
SIMES plico OK tienen dos casos casos este la carcel Y esta
2:39:06
contando dia por dia El tien PO esta de tenido OK comprende
2:39:11
cioledo E fiance personal en este caso de la carcel en este
2:39:18
caso yano solamente El este caso comprende.
2:39:35
Sabiendo ESO. Mr. Bryant, he's a little Mr.
2:39:53
Loving. He's a little confused.
2:39:55
Do you want to try? And I Can I.
2:39:58
Don't think I could do any better than you did.
2:40:01
OK, senor este sienten dio que tienen Los casos.
2:40:32
OK, OK, OK. Ala Miss.
2:40:52
Mades when I was. OK, he is requesting APR bond on
2:40:57
the evading arrest. He's got another pending drug
2:41:00
charge. Miss Bryant, are you opposed to
2:41:03
releasing him at. Oh, there's Mr. Cipuentes.
2:41:07
OK, so let's have a bond hearing Officer.
2:41:10
Can you put his his thing on the Spanish channel?
2:41:17
Let me put the interpretation button on.
2:41:19
Yes, Sir. Good morning, Mr. Fuentes.
2:41:49
All right, this is Eduardo Roacho.
2:41:55
Mr. Roacho is here for a bond hearing.
2:41:58
He has two cases. One is an SB-9 case, which I do
2:42:01
not have jurisdiction to hear. The other is a misdemeanor
2:42:05
evading arrest. I have explained to Mr. Roacho
2:42:08
that because right now he is being held on 2 cases, he is
2:42:12
receiving credit, jail credit for both cases, but if I release
2:42:17
him on a on the misdemeanor on a peer bond, he will stop
2:42:20
receiving jail credit for that case while he remains in jail on
2:42:24
the felony case. Mr. Raj was a bit confused.
2:42:27
Mr. Loving, would you try to explain?
2:42:32
Yes, Your Honor, essentially I would.
2:42:36
I'm looking for another way to say the exact same thing.
2:42:39
But if the judge were to grant APR bond on the misdemeanor,
2:42:45
first thing is you would not be released.
2:42:48
You would remain in jail and as the judge stated, you would
2:42:52
receive credit on your felony time credit for being in jail,
2:42:56
but you would not receive any additional credit on your
2:42:58
misdemeanor evading arrest charge.
2:43:01
Earlier he had asked what was best for him, so I think he
2:43:05
wanted. No, no, no, no say would.
2:43:33
You like to give him your opinion, Mr. Loving.
2:43:38
So yes, Mr. Rocho, at at this point, knowing that you're not
2:43:42
going to be released, I would wait, I would waive this
2:43:46
hearing, which means you would tell the judge you don't want to
2:43:49
have this hearing this morning. If for some reason, like your
2:43:53
immigration status changes or you actually have a shot of
2:43:57
getting out in the future, a chance of getting out, then at
2:44:01
that point we could request a bond hearing.
2:44:06
OK, OK. In in response, Mr. Roger, I
2:44:20
don't think either one is bad. I just think as the judge said
2:44:26
right today, even if you were to do grant you the the largest
2:44:31
amount of relief that he could, you still would be in jail.
2:44:35
You wouldn't be released. OK.
2:44:43
I thank you Mr. Roger. I will mark you as waved.
2:44:52
OK all. Right.
2:44:54
And I think that's the only person that we needed your
2:44:57
services, Mr. Fuentes. Thank you very much.
2:45:01
Gracias. Yes, Sir.
2:45:03
Thank you. OK, Gracias next.
2:45:09
Your honor, I'm going to move the tablet over to Mr. Jones,
2:45:13
Caleb. Jones What is going on with Mr.
2:45:16
Jones? They took him to wreck, Your
2:45:18
honor, So it's a couple floors up.
2:45:22
I go up there to hold on, Sir. I go up there to they already
2:45:27
put them aside for me so that I can take the tablet and hold the
2:45:29
cord over there. OK, give me a second.
2:45:32
Let me make sure that the case hasn't been assigned OK.
2:45:47
No, the case has not yet been assigned.
2:45:49
Like, give me a second. All right.
2:45:56
Go ahead, ma'am. OK.
2:46:13
All right, well, they sort out who their next contestant might
2:46:15
be. Let's let's go back to judge Mom
2:46:19
up in Michigan. Boo.
2:46:49
And she's muted. We have a problem with muting
2:46:51
judges today. Makes it hard to do this
2:46:55
program. Get it together, people tell you
2:46:59
all right, let's let's try Judge Dad.
2:47:05
See about that? Discharged your name, Sir.
2:47:09
What's the latest fighter, Sir? Can you write up?
2:47:14
You're moving to dismiss then, too, right?
2:47:17
Yeah. This was taken under Section 771
2:47:23
.1, I believe. Yeah.
2:47:25
And I said a prosecutorial review date for March 25th.
2:47:28
So they're entitled to early discharge.
2:47:30
But as far as I'm concerned, when you enter into an agreement
2:47:33
with them on one of these statutes, you still have to move
2:47:37
to dismiss. If you're, if you have no
2:47:39
problem with that, I wouldn't think you would.
2:47:42
No objection, can you just So you're going to move to dismiss
2:47:45
on this? Yes, you are all right.
2:47:47
Can you write up a step for me real quick?
2:47:49
Just saying. Dependent, compliant.
2:47:53
Case dismissed. Mr. Pfeiffer, your name again.
2:47:56
I'm sorry, Wesley, would you mind doing that now, if you
2:47:59
would? Thank you.
2:48:02
We're not going to have any more problems over there, are we?
2:48:04
Mr. Pfeiffer, Sir, I hold on, but there's been problems since
2:48:08
I've been in there. Not with me, but but with the
2:48:10
name of the after the. You guys live on West River Rd.
2:48:16
Yeah. After that removal.
2:48:18
Hang on West River. And what?
2:48:20
Between Ferry and Burberry Park. Beautiful area.
2:48:23
Beautiful, right? Westwood Park.
2:48:24
It's lovely. Love it.
2:48:25
Been in 35 years. You know how many people give
2:48:28
their left arm for it to live on West River Road and wonderful
2:48:33
neighbors for many, many years. And now you guys are fighting
2:48:35
over there. I mean, I mean, I'm not putting
2:48:38
the blame on anybody, any else. It just seems like crazy to me.
2:48:42
Did they serve and like I like I started to say, I mean, I got
2:48:46
pictures of like. The board you with?
2:48:49
Them. No, I'm not.
2:48:50
Listen, I'm not casting aspersions.
2:48:52
It takes 2 to tango as far as I'm concerned on these neighbor
2:48:55
disputes. Oh, wait a minute.
2:49:27
Do I know you? I haven't part of this
2:49:31
construction. I've been building an apartment.
2:49:32
I know. But do I?
2:49:33
But. But I'm reading something here.
2:49:35
Did you read this letter from this victim?
2:49:37
Here, here, here, here. You read the letter that the
2:49:46
victim sent, right? Yes, right.
2:49:52
This. I'm Jenny.
2:49:52
This is Dave Wen January 26th. I'm going to read it to you.
2:49:58
I'm going to read it to everybody.
2:50:01
My name is Michael Yuchuk, and I received in the mail notice of a
2:50:05
Wesley Pfeiffer probation hearing in January 28th, 26.
2:50:12
Heather, I want you to do me a favor because I get tired of
2:50:16
this. I want you to call up this phone
2:50:18
number for Mr. Yuchuk and ask him to zoom in.
2:50:22
It's 73. It's 734658.
2:50:32
Just. Here's your social.
2:50:37
I want to read this letter. I have so many friends out there
2:50:42
that I don't even know of. You know that.
2:50:45
No. Yeah.
2:50:46
Absolutely. So no.
2:50:48
I I no. I just want you to know that
2:50:50
that that this is the kind of nonsense 1st I throw out.
2:50:56
Probation was an alternative to being sentenced formally.
2:50:59
You know what a clear reading of the statute.
2:51:01
I can't say I disagree, but courts have been handling them
2:51:04
this way since I was a lawyer in 19183, the 771 statute.
2:51:11
It's a delayed sentencing statute and what it essentially
2:51:14
means is somebody's on probation and they're sentenced.
2:51:16
But that's not the way courts have handled this for decades.
2:51:21
On probation, a convicted individual would be allowed not
2:51:23
to be formally sentenced if they were able to show good behavior,
2:51:26
provide restitution, and complete the probation period
2:51:29
lawful. I'm appalled that Mister
2:51:33
Pfeiffer, a repeat offender with trespassing, would be allowed to
2:51:36
have his probation discharged early.
2:51:41
Now, I don't know if he had a prior that was from 2000.
2:51:46
He said, as I previously stated, Wesley Pfeiffer's been convicted
2:51:50
once before on 12 August 19 for trespassing with his neighbor to
2:51:53
the South. Is that true?
2:51:55
Yes, it is, Sir. Not only that.
2:51:57
Hang on, hang on. Not only that incident, but I'm
2:52:00
sure you have access to the 33rd District site where Wesley
2:52:04
Pfeiffer has multiple cases and convictions with the 33rd
2:52:07
District Court. He's had a blatant disregard for
2:52:10
the law concerning both his neighbors to the North and
2:52:13
South. If you go back further, he was
2:52:14
involved with his neighbor to the east, Mateo Argusa.
2:52:17
He has a clear and established history disregarding of the long
2:52:20
respecting others. Third yourself in the court or
2:52:23
going to do whatever you desire with this case anyway.
2:52:25
Ma'am, he's writing the probation Wesley Feiffer and
2:52:28
Judge McNally of a personal relationship outside of the
2:52:31
courts. So I'm not surprised he's being
2:52:33
handled with kid gloves. But please relate to Wesley fire
2:52:37
for I'm not contacting Grosio police, the courts or anyone
2:52:40
else concerning those unlawful behavior anymore.
2:52:42
The courts and Grosio police have proven that his behavior is
2:52:45
acceptable and constant slaps on the hand have not changed his
2:52:49
behavior. In closing, after I assume the
2:52:50
courts discharge his probation if he trespasses, destroys my
2:52:54
property, threatening my children, I will assume he's
2:52:56
intending harm harming them or someone I love.
2:52:59
We'll take it from there. I want I want this gentleman on
2:53:04
Zoom. George, I've tried calling him
2:53:06
three times. He's not answering.
2:53:08
I'm. Going to call him right here
2:53:10
myself, How's that? OK.
2:53:15
I want I hope you don't have to be anywhere because I want to
2:53:18
get this gentleman on Zoom. I don't like people making
2:53:20
accusations about my integrity. One thing, one thing I can
2:53:25
honestly tell you, I don't play favorites.
2:53:29
Never have, never willed habitants didn't in 1995.
2:53:33
I'm not today, and I won't as long as I'm sitting on this
2:53:36
bench. Hang on me my Zoom ID again
2:53:47
448-415-2913 is it? Yes, that's that's correct.
2:53:52
My Chief doc, I'm not able to take your call right now, but if
2:53:54
you need 2931, thank you, Paul. I'll return your call as soon as
2:53:58
I talk as. We can thank.
2:53:59
You very much. You have a good day at the tone.
2:54:06
Please record your message. When you finish recording, you
2:54:08
may hang up. Press one for more options.
2:54:12
You leave a call back number. Press 5.
2:54:17
Mr. Miachuk, this is Judge McNally from the 33rd District
2:54:21
Court. I'm on the bench.
2:54:22
I've got Mr. Pfeiffer in front of me.
2:54:24
I'd really like you to log on. I'm going to make him late.
2:54:28
I want you to log on. It's 73.
2:54:30
It's. The.
2:54:31
Zoom ID is 44841. Gone as soon as possible.
2:54:40
I want to hear from you. Thank you.
2:54:42
All right, so I'm going to ask you to have a seat.
2:54:46
You've moved up to dismiss and I don't know how I know you.
2:54:51
That's what I'm going to ask them.
2:54:53
Among other things. I get so touched.
2:54:56
Can I give you any? Information on that?
2:54:58
On that I don't want to. Talk about it.
2:55:00
I'm going to wait for Mr. Yachuk.
2:55:03
He thinks that we're friends and go out socially apparently, or
2:55:06
golf together or whatever else they think.
2:55:08
And I want to clarify some things before I dismiss this.
2:55:11
That's what I'm doing. OK, So we're a little bit in the
2:55:18
way back machine with Judge McNally.
2:55:20
So I'm going to Fast forward and see if see if we can see the end
2:55:26
of this or not. Even if it takes us a little bit
2:55:28
of overtime, I don't care. It's worth checking out.
2:55:31
So while I do that, I'm going to flip us back to Judge Desanto
2:55:34
and you can see what's going on there while I work in the
2:55:36
background to see if we can see a conclusion to this.
2:55:40
The P Serrano P33828 any runner I appears appointed counsel, I'm
2:55:44
going to have to with my ties here to my right.
2:55:47
This is this time set for his or.
2:55:49
Going to be found. Sir, please station or not.
2:55:53
All right, and good morning. I feel like you've been here.
2:55:58
Yeah, recently. It's.
2:56:01
Something about a year you can have maybe two years ago.
2:56:04
OK. And what was that for?
2:56:07
Driving and. What are you paying for today?
2:56:12
You know, you are allowed to come in and visit the court just
2:56:14
on your own. You don't have to get arrested
2:56:16
or tickets to come visit the court.
2:56:18
So if you really want to come visit us, ride the bike up here
2:56:21
and come visit. You don't have to keep getting
2:56:22
criminal charges, Sir. I haven't seen that.
2:56:26
Do you I I personally knew I was actually speaking counselor here
2:56:30
about finding someone helping me to start the process of actually
2:56:35
getting my license. Back because I'm well and tired
2:56:37
of this. Well, Sir, I'm sure that your
2:56:40
attorney told you the first step in doing that is to stop
2:56:43
driving. How did you get here today?
2:56:46
I haven't drove since. I pulled over there.
2:56:51
You can check the cameras, I can show you the lift.
2:56:53
No, I'm going to have you pull up on your phone.
2:56:56
Yeah, let's see, as it relates to the arraignment council, are
2:57:01
your clients pulling that up? Yes, Your Honor, I've spoken to
2:57:05
my client regarding the nature of the charges, all the maximum.
2:57:07
Penalties. Involved he understands and
2:57:11
thereby can we wait for grease to.
2:57:13
Get that? Can you get?
2:57:15
That I get the. On his beat.
2:57:18
Corporate the formal reading and your plea of not guilty for
2:57:20
purposes of the arrange and then can't read it.
2:57:25
I can't get you. OK, what's that?
2:57:29
I didn't even leave a review yet on my ride.
2:57:33
If you want to leave in five stars, it was actually a nice
2:57:36
ride. No, that's OK.
2:57:37
You can do that, Sir. Your Honor has to go ahead.
2:57:41
Oh, I'm sorry. Thank you.
2:57:44
Your Honor has to the pretrial my client wishes to retain on
2:57:47
the council and so we'd like a short adjournment so he can have
2:57:52
that opportunity to retain private council, but we at least
2:57:56
have it. Is there any place already for
2:57:59
the court bond conditions? He obviously understands no
2:58:02
drive. He spoke about that and so we
2:58:06
will see the court on the next during the date court places on
2:58:09
the next pre trial date. All right.
2:58:13
So, Sir, do you already have an attorney in mind that you are
2:58:20
intending to retain? I guess.
2:58:22
OK. And so you should be able to do
2:58:26
that in two weeks. Yes.
2:58:30
All right. Let's adjourn to February 11th,
2:58:39
1:45 PM And then as to bond? Your Honor, my client.
2:58:45
Tells me he's not on probation pool no matter's pending and he
2:58:51
is How long to work Roush the full time job?
2:58:57
Yes, I work about 60 to 70 hours a week.
2:59:01
How do you get back and forth to work?
2:59:03
A Co worker who actually lives less than two.
2:59:06
Blocks away from the music to lock Diaz.
2:59:14
OK. Great.
2:59:15
There's a lot of personal bond, your Honor.
2:59:16
Obviously he's very interested in doing this.
2:59:18
Resolved it would be the private council.
2:59:32
Seems like you got a little bit of a break on the road but.
2:59:36
I agree, Your Honor. We discussed that.
2:59:38
You know, it was his father's car as well.
2:59:42
They'll take that up at the free trial.
2:59:48
All right, you're not to the court's going to order, Sir,
2:59:52
$7500 personal bond. You don't have any other pending
2:59:58
cases anywhere, Sir. You're not driving to any other
3:00:01
city. Just why not?
3:00:03
No. Not.
3:00:04
Even. OK, very good.
3:00:11
All right. You're not to drive a motor
3:00:12
vehicle without a valid license. All right, we'll see you back on
3:00:18
the 11th and just have a seat for a copy of your bad
3:00:20
conditions. Thank.
3:00:22
You have a good day. OK, I found the next spot in
3:00:26
this hearing from McNally, so let's go back to that. 59.
3:00:30
Your name. Wesley.
3:00:31
H Pfeiffer, Sir, Good morning. Good morning to you.
3:00:35
Your name, Wesley H Pfeiffer. I've called twice.
3:00:41
I've had my judicial clerk call at least once or twice.
3:00:47
The probation officer even tried to e-mail them.
3:00:51
It's unfortunate that I won't have the opportunity to address
3:00:55
what I consider to be defamatory, libelous statements
3:00:59
made by this victim. Sounds like he's making threats,
3:01:05
but it's always easy to be gutless on social media or in
3:01:08
places where you don't show up. What is your position?
3:01:13
So Matthew Mayne on behalf of the Township of Grossio, good
3:01:16
morning. The Township's position has not
3:01:19
changed owing to the fact that for the agreement that the
3:01:24
Township struck with the defendant and as his probation
3:01:28
officer indicated that he's taken all steps and abided by.
3:01:31
All the terms, conditions of his.
3:01:32
Probation, the townships that relates to dismiss the charge
3:01:37
boy go on and do this. I want to make sure I've never
3:01:42
met you. I'm sorry.
3:01:44
No, Sir, I'm sorry. I mean, you look familiar, but
3:01:47
you know, I've lived in the community here since I was one.
3:01:50
I mean, I, my parents moved here from Dearborn when I was 1, and
3:01:55
that was in 19159. So I see people.
3:01:59
I meet people. I got so many friends that they
3:02:01
say that they're my friends. Oh, I'm friends with Judge
3:02:05
McNally. I might have met someone who met
3:02:07
them, who met them at one point. It's just disheartening because
3:02:11
an attack on my integrity is nothing I'm going to take
3:02:14
lightly at all. It's too bad he didn't have the
3:02:17
guts to call back. Case dismissed.
3:02:20
Motion the prosecutor. Hand me your form.
3:02:22
But wait a minute. I got to swear you in first.
3:02:24
Raise your right hand. You suddenly swear affirming the
3:02:25
penalties of pervy testimony you've given.
3:02:27
These proceedings would be the whole truth.
3:02:28
So if you got since October 8th of 25, have you been arrested
3:02:32
for any reason? Any new charges, any contact
3:02:36
with the police, you move to dismiss.
3:02:39
You have the form filled out, do your Honor.
3:02:42
And for the record, it was under 771.1.
3:02:46
You can hand that right to my recorder.
3:02:48
That's why when early discharge, if just for the record, as long
3:02:52
as her accusations of being rolled, prosecutors will
3:02:56
typically go ahead and adjourn these when half the time periods
3:03:00
up. So that's all I'll say about it.
3:03:03
I'm not. I'm going to figure out what I'm
3:03:05
going to do going forward. Case dismissed.
3:03:08
Good luck. Thank you.
3:03:11
Okie dokie friends. So what Judge McNally just said
3:03:15
to their kind of dovetails into what we were talking about on
3:03:17
the pre show today where people are very, very bold in their
3:03:23
actions when it comes to being behind a keyboard or writing a
3:03:26
letter or something like that, but not bold whatsoever when it
3:03:30
comes to being face to face and personally accountable.
3:03:34
So there you go. It's kind of become a little bit
3:03:36
of a theme today. Misses TCF in the chat now.
3:03:39
Good morning, Bethy. So we've got one 2-3 different
3:03:44
cases that we can discuss here. Let's label this properly.
3:03:49
There we go. TCF overtime, three different
3:03:52
cases that I've taken notes on that we can discuss today.
3:03:55
Plus I pulled up the probation data that I'd shared in the
3:03:59
past, but I think it's time for a refresher because we've
3:04:02
referenced it a lot over the last few weeks.
3:04:05
Reminder, you can call in. You can talk to me.
3:04:09
Link for that is over in the Discord.
3:04:11
If you are on the sidebar panel, it's in that chat.
3:04:15
So join me. Let's see what you got to say
3:04:17
about some stuff. OK, let's start with the Labor
3:04:24
Statistics or not Labor Statistics.
3:04:26
I've got too much data on my brain.
3:04:29
The Bureau of Justice Statistics, the BJS, and this is
3:04:34
a report from 2022. It's the most recent data that
3:04:37
they've compiled. But again, this is on on
3:04:42
probation and the success rate and how it breaks down
3:04:45
demographically. So this is as of 2020, two, 65%
3:04:51
of all probation cases in the United States were felonies, 35%
3:04:57
were misdemeanors. Now that's a shift because 10
3:05:00
years prior, only 53% of probation cases were felonies.
3:05:08
So it's closer to a 5050 mix. But we've talked in other areas
3:05:12
about how there's more and more laws.
3:05:15
It's seemingly easier and easier to stumble your way into a
3:05:18
felony. So that's kind of interesting
3:05:22
data that it's had such an increase from 2012 to 2022, the
3:05:29
breakdown. As far as sex goes, 76% of those
3:05:35
who are on probation are male, 24% female.
3:05:40
As far as race and ethnicity, 52% of those on probation are
3:05:44
white, 31 black, 14 Hispanic, 3% other.
3:05:49
So that's where that is skewed. Overall probation completion
3:05:57
rate, the approximate national average just overall is 65% of
3:06:03
people successfully completing probation.
3:06:08
In 2021, there were 2.9 million adults on probation around the
3:06:13
United States. And for most of the 35% that
3:06:20
fail, it's due to technical violations where they missed
3:06:26
this, missed that, didn't quite do this right.
3:06:30
Probation length. If it's success rate by
3:06:37
probation length. Rather, if it's less than one
3:06:39
year, over 70% tend to complete it successfully.
3:06:44
If it's in the one to three-year bracket, it's about 62% that
3:06:48
complete it. If it's greater than three
3:06:51
years, it drops precipitously and is 55% or less success rate
3:06:58
of completing it by offense type.
3:07:01
If you're if you're convicted of a drug related offense, you're
3:07:04
about 65% likely to complete it successfully.
3:07:08
If it's a property crime, about 60%.
3:07:11
A violent crime, about 57% of those complete their probation.
3:07:17
DUI has the biggest success rate at 75% completing it
3:07:22
successfully. So that's interesting.
3:07:26
And age really matters. If you are 50 years or older, so
3:07:32
you're in my club, you are 75% completion successful. 35 to 49
3:07:41
it drops to 65 percent, 25 to 34 it drops to 60%.
3:07:47
And if you are under 25, you only have about a 5050 chance of
3:07:52
completing your probation successfully.
3:07:55
And that's really interesting to me for this reason.
3:07:59
The older you are, the more successful it's you'll be
3:08:04
statistically completing a probation.
3:08:06
But in the same respect, if you're that old, you would think
3:08:10
you would also be more likely to just not be in that situation.
3:08:14
So it's interesting how that data works, but there it is.
3:08:20
And then success rate by Raith ethnicity.
3:08:25
If you are white, you generally have about a 67% success rate
3:08:30
overall. If you are black, it's 57 and if
3:08:35
you are Hispanic, it's about 62. So statistically, there's not a
3:08:40
whole lot of different wiggle room between the different races
3:08:45
and ethnicities there and your success rate.
3:08:47
I think that sometimes, sometimes we probably think
3:08:51
there is, but statistically it doesn't prove out to be like a
3:08:55
huge swing either way depending on the color of your skin.
3:08:59
What if you're in your 60s, then you're, you're sentenced to
3:09:04
retirement instead of probation. I'm pretty sure that's how that
3:09:07
works. You can, you can check me on the
3:09:09
laws, but I'm pretty sure that's the case.
3:09:13
So anyways, I wanted to update you guys, not update you, but go
3:09:16
through those stats again because we've been referencing
3:09:19
them a lot in discussion and in chat over the last few weeks and
3:09:22
had been several months since I'd pulled that out.
3:09:27
But that is that is the situation there.
3:09:33
Let's let's talk about that Judge Middleton guy.
3:09:41
So just to refresh you from the 50,000 foot level, Middleton had
3:09:46
a guy in today who is scheduled to do a plea and it was theft of
3:09:54
like a Bale of wire probably from a construction site or
3:09:59
something. I don't remember the OR what
3:10:01
not. I don't remember the exact
3:10:03
situation there. But he had managed, his lawyer
3:10:08
had managed to get it taken from a felony down to a misdemeanor.
3:10:11
And he was going to take that plea.
3:10:13
But he ended up claiming it was kind of convoluted, but it was
3:10:19
something to the effect of, you know, well, people take stuff
3:10:22
there all the time. And this other guy said he'd
3:10:25
been taking stuff there for years.
3:10:26
So I took stuff, too. And I don't see where the crime
3:10:29
is. And he steps away from taking a
3:10:36
misdemeanor plea, which would have been maybe a little jail
3:10:41
time, a little slap on the wrist, to now pushing forward
3:10:46
and trying a felony. And that wire was apparently
3:10:50
valued somewhere between 4000 and $14,000.
3:10:55
So he ends up in a situation where he's possibly looking at
3:11:00
prison. And I've got, I'm bringing this
3:11:03
one up because you tell me if you think different in the chat,
3:11:06
but I think this might be the top five for dumbest things
3:11:09
we've ever seen on TCFI. Don't understand I mean it's his
3:11:16
it's his right, don't get me wrong it's his right to to
3:11:19
insist upon a trial. But if you're staring down a
3:11:25
felony, he admits that he took the wire too.
3:11:28
He's just claiming that that I think his defense base goes
3:11:32
well, everybody takes the wire. I think that's that's kind of
3:11:37
how I heard it. But it's got to be the top five
3:11:41
stupidest thing we've ever seen here because he's getting a
3:11:46
sweetheart deal and now he's going to risk prison time.
3:11:55
But it's interesting. I wrote this down.
3:11:57
He made a statement. He said I've been in here
3:12:00
several times, meaning the judge's court, Judge Middleton's
3:12:04
courtroom. And then he said I've always
3:12:07
stepped up to take responsibility.
3:12:11
That has got to be one of the most back ass word statements I
3:12:17
think I've ever heard for this reason.
3:12:22
You say that you are a responsible guy, that you take
3:12:24
responsibility, yet you're also saying that you've been in here
3:12:28
several Times Now. I've said before that stuff
3:12:35
happens and any one of us can find ourselves in a courtroom,
3:12:40
but if you're there consistently, that's no longer
3:12:43
stuff happening. That's you making bad choices.
3:12:48
It's just that simple. And I'm struck by the fact, I
3:12:54
suppose, that this guy made the choice to continue to do stupid
3:13:03
things. I, you know, that's a gift to,
3:13:07
you know, have the slap on the wrist misdemeanor.
3:13:09
That's not going to mess with your life.
3:13:11
And he's he chose at the last possible moment to risk that.
3:13:15
And then the dude just keeps on talking.
3:13:16
Well, he's in front of Judge Middleton.
3:13:18
That's what really got me was he just keeps flapping his jaw.
3:13:22
I it's stupid. I don't know.
3:13:25
Let me know if you think differently in the chat on that
3:13:27
one. But that great granny, top five?
3:13:33
Moronic if for sure. Uh, Greg, Granny shows how
3:13:37
stupid he is. Michael, that was stupid.
3:13:40
Definitely top five. We might have to start putting
3:13:43
together some videos, some lists of some of the worst decisions
3:13:49
made here on TCF from our panel of contestants that we see every
3:13:53
day because it is just that bad. Another one that caught my
3:14:00
attention today was Judge Desanto.
3:14:03
She had a couple of interesting ones, but specifically the guy I
3:14:09
think was the first one that we saw from her court today who was
3:14:14
using marijuana because he had anxiety issues.
3:14:20
And I was in and out at the beginning of that.
3:14:24
So you'll have to refresh me on exactly what his charges were,
3:14:29
but I think there was, I don't remember if he was on probation
3:14:33
or he failed to take care of some fines or answer to some
3:14:35
charges or something. Whatever it was, he said he had
3:14:41
anxiety and that the marijuana was something that he could not
3:14:46
live without. However, he also did not have
3:14:50
any prescription for it. So she told him that he couldn't
3:14:54
use it. But then his whole thing was,
3:14:57
well, I don't, I don't want to take Zoloft.
3:15:05
So it sounds like he has seen a doctor and the doctor's like,
3:15:08
no, the marijuana is not going to help you.
3:15:10
You need to try this. Now, I'm not particularly
3:15:13
blaming him for not wanting to take Zoloft because I think
3:15:17
we're my personal opinion as a society, we're way over
3:15:20
medicated anyways. So I can get behind that.
3:15:24
But I'm not exactly sure how the marijuana is going to help him
3:15:29
either. But he was there in front of the
3:15:32
judge, acting all nervous and then just saying, well, I'm
3:15:35
shaking right now 'cause I'm so scared.
3:15:40
But this has got me. And I've talked about this in
3:15:43
other areas too, and forgive me if I'm redundant or preachy or
3:15:46
whatever, but it really bothers me.
3:15:49
I'm wondering where all the real men have gone.
3:15:52
How in the world, how in the world did this species survive
3:15:57
back in the day when we didn't have all of this, this modernity
3:16:03
where we didn't have, you know, things like indoor plumbing and
3:16:08
electricity and all those things?
3:16:09
How do we survive when there was creatures out there that were
3:16:12
more likely to kill us because we didn't have the defenses
3:16:16
against them? I'm just wondering where real
3:16:22
men have gone. Real men figure out how how to
3:16:24
deal with their anxiety and I'm not saying it doesn't exist.
3:16:27
I get anxious about things. Ask missus TCF in the chat.
3:16:32
Couple of days ago I was really upset and angry about some
3:16:35
stuff. But you know what?
3:16:36
I handled my things and I moved on with my day.
3:16:41
It continues to amaze me that we see people that can't get
3:16:45
through the basics of life without some kind of excuse or
3:16:50
some kind of a need to medicate through it or whatever the case
3:16:53
may be. And I'm not saying you should or
3:16:56
should not medicate. That's between you and your
3:16:58
doctor. But I think there's also the
3:17:03
whole idea of learning how to handle your stuff because in the
3:17:07
grand scheme of things, is, is, are things difficult right now?
3:17:11
Oh, yeah, they are. Is this the way America should
3:17:15
run the way it's running right now?
3:17:16
Probably not. However, when you compare our
3:17:21
situation to the situation that 8590% of the rest of the world
3:17:26
is in, we have it real easy. So what are you getting so
3:17:33
worked up about? Have we become that fat and lazy
3:17:38
that we have to we have to do that?
3:17:40
I don't know, it bothers me. Daniels, Nina says you have to
3:17:44
learn to cope with a certain amount of anxiety in your life.
3:17:47
Exactly. Where's it written that life
3:17:50
should be easy and comfortable? I mean, don't get me wrong, it
3:17:55
sucks that it's not, and it would be great if life was super
3:18:02
simple, but it's not. It's not written anywhere that
3:18:06
it's going to be. And you've got to learn to deal
3:18:07
with it. And this especially bothers me
3:18:11
with men. I think one of the problems we
3:18:13
have with society is that we're not.
3:18:16
We're not building men strong enough.
3:18:20
I'd I'd make the argument that a lot of men aren't actually real
3:18:24
men. The way they act and the way
3:18:26
they behave. And you know, in my opinion, we
3:18:30
saw that play out in Desantos court, but we see it in other
3:18:35
courts every day, don't we? Where everybody's got an excuse,
3:18:38
everybody can't deal with something, it's just so hard,
3:18:42
blah, blah, blah, blah, blah. I don't know.
3:18:48
That one bothers me. If you want to talk about that,
3:18:51
feel free. And then there's one other case
3:18:56
that I wanted to talk about. So if you want to hop on stage
3:19:01
with me, now would be the time. Well, I rack up this case.
3:19:04
And if you don't, we'll probably call the 4th hour a little bit
3:19:07
early because I do not have news stories or anything lined up for
3:19:10
you today. I have something I'm working on,
3:19:15
but it's not ready for the 4th hour yet.
3:19:19
But this one is the Judge Stevens case with the guy with
3:19:22
the 5th DUI. 5th DUI. This time he blew a .235, which
3:19:33
is what, 3 times the legal limit?
3:19:38
Yeah, 8 * 3 is 24. I can do math.
3:19:41
So yeah, three times the legal limit.
3:19:46
He got a little bit of a punishment, but he got a 10 year
3:19:51
suspended sentence. So it becomes 10 year probation,
3:19:56
which if we go through the statistics at his age and the
3:20:00
fact that his DUI offense, he's more likely to finish it.
3:20:06
But we also know that when you have the longer probations.
3:20:11
They are not as likely to make it through that.
3:20:17
So I think he's wasting his time.
3:20:20
I think Judge is wasting the court's time, the system's time
3:20:24
and this man's time because he's not going to make it through.
3:20:28
He was given 180 days in jail which he's allowed to serve on
3:20:34
the weekends, which I don't know how they work it in Texas.
3:20:40
If he goes in Friday night if they count the Friday as a day,
3:20:46
in which case would be 3 days throughout the weekend.
3:20:49
Some places do. If you serve any time on a
3:20:52
calendar day that counts as one day.
3:20:54
If that's the case, then he's looking at 60 weekends.
3:21:00
So you know, a year and two months worth or he's looking at
3:21:07
90 weekends, which is almost two years worth.
3:21:09
I don't, I don't know which, but don't make any weekend plans
3:21:13
anytime soon. But I don't, I don't see how
3:21:20
this stops him now. I was thinking about this as we
3:21:23
were listening to this case. DUI is kind of a funny thing for
3:21:27
me. I know that there is a group of
3:21:29
people out there who is just up in arms anytime somebody's
3:21:33
nabbed for a DUII Am. Not necessarily because you can
3:21:40
get nabbed for one for some pretty pedestrian situations.
3:21:47
You went out to dinner, you had two glasses of wine.
3:21:51
You forget to use your turn signal when you're turning
3:21:54
right. Cop pulls you over, you blow a
3:21:58
.09. Not the drunkest of drunk can
3:22:02
be. You weren't out there partying,
3:22:04
you were having dinner with your wife or your husband and the
3:22:06
next thing you know you're in that situation.
3:22:10
So in most cases, unless it's like an extreme DUI or there's
3:22:16
an injury or something like that, in most cases for me, I
3:22:21
think a first DUI should almost be something along the lines of
3:22:25
a Mulligan. Now I'm not saying there
3:22:27
shouldn't be punishment. I think a fine as an order,
3:22:31
perhaps some classes, things like that, but I can see in most
3:22:37
cases I can see past that. I can see where it doesn't
3:22:40
necessarily have to be a a life ender, a life changer.
3:22:47
However, when you get to, you know, 234 and five with this
3:22:53
guy, I don't get it. I don't understand why the
3:22:58
system allows that to happen because a 10 year probation is
3:23:05
just an exercise in futility. We know that statistically 180
3:23:10
days in jail on the weekends. Well, that's nice and all, but
3:23:15
it's probably not going to stop him.
3:23:18
They can take away his license. So what?
3:23:22
He'll keep doing it, but you know, if you haven't learned
3:23:26
your lesson at some point, I think he needs to.
3:23:28
You need to go away for a significant amount of time.
3:23:31
But this, this struck me as being punished too lightly for
3:23:39
as many times as it is as it has happened.
3:23:43
And he did admit, as I recall, he did admit to being an
3:23:49
alcoholic. So he shouldn't have access to
3:23:54
anything, in my humble opinion. But you may agree or disagree.
3:23:59
Barbara, thank you for the $5, and I hope you feel better.
3:24:07
Michael, what say you? First of all, Yeah, Barbara,
3:24:11
thank you so much. Barbara's been all over it
3:24:13
today, despite not feeling well. So we hope that she gets better.
3:24:16
Take the day off. But she didn't listen well.
3:24:19
And listen, you know, Barbara's. Barbara's a free spirit,
3:24:22
Barbara. Barbara does things the way she
3:24:25
does things and we're always happy to see her here.
3:24:28
She do so 5 Duis. This is one of those things I I
3:24:38
don't know, Dan. I I get that yeah.
3:24:40
People can be pulled over for DUI.
3:24:42
Look, my mom got pulled over for DUI once coming out of a So this
3:24:47
is I was not here for this. I was, this is while at my brief
3:24:51
time while I was in Florida, but I guess I heard all the accounts
3:24:54
of how it played out and I guess she was, she made a wide turn
3:24:58
coming out of the parking lot of one of the bars there.
3:25:03
She did not drink, but my my brother and my mom's boyfriend,
3:25:07
they had a couple of drinks. And so this cop pulls her over
3:25:11
for making the wide turn, the big crime of wide turn and of
3:25:18
course asks her how much she's had to drink and I guess gives
3:25:21
her a real hard time. And this was one of those stops
3:25:24
that we would have seen in Judge Wiggins court for being an
3:25:27
extended stop because they dragged this out as long as
3:25:31
possible. And this officer, according to
3:25:34
my mom, according to everybody that was there, said this guy
3:25:36
got so pissed when my mom blew triple zeros and, you know, and,
3:25:42
and she, you know, and at the time my mom was probably about,
3:25:47
you know, 60, a little over 60 years old.
3:25:51
So, you know, but it was one of those things that went on for
3:25:55
like 30 or 45 minutes. I mean, if you can't determine
3:25:58
someone is intoxicated after a couple or a few minutes, you
3:26:03
don't need to extend the stop. So, yeah, I kind of agree with
3:26:07
you that they're they're probably a little over over
3:26:10
prosecuted and overdone. That said, you also can't take
3:26:15
away the seriousness of somebody that anybody I guess conceivably
3:26:20
could pick up one, but five and this isn't somebody like that
3:26:24
blew a point O 79 And you know, we're sitting here kind of in
3:26:28
that Gray area. You know, this is 235 that is
3:26:33
serious drunk. I mean, that is to do.
3:26:38
I, I sat with my buddy one day. You, you met Johnny, right?
3:26:42
So his father had a pacemaker put in about 16 years ago, 17
3:26:47
years ago. And so Johnny was, you know, all
3:26:50
nervous and it was just not a good day.
3:26:53
So we went to the bar. We went, we did whatever, you
3:26:55
know, early 30 something would do.
3:26:57
And we went and drank and it, so it was just down the street from
3:27:02
my house, but one of our other friends came over and he
3:27:04
happened to have a breathalyzer with him.
3:27:06
So it's just for fun, you know, We blew in the breathalyzer.
3:27:08
I was drinking all afternoon, beer, mind you, but I was
3:27:11
drinking all afternoon. It only blew like a .11.
3:27:15
You know, I don't know how Johnny was having, you know,
3:27:21
hard drinks and blew like a .15 threw up in my garbage can on
3:27:28
the side of my house. My point in this is how do you
3:27:33
get to .235 without being like, how do you even get there?
3:27:38
How do you not pass out? I mean, that's, that's insanity.
3:27:44
I think this speaks probably to his level of tolerance and the
3:27:49
fact that he is an alcoholic. I've referenced this before, but
3:27:53
I remember watching Live PD once where the cops just did like a
3:27:58
check on this guy who was walking his bicycle through a
3:28:01
parking lot And they dealt with him before he was a frequent
3:28:05
flyer and they knew him, but they had him blow and he threw
3:28:09
blew like a .323 and he was talking fine and walking fine.
3:28:15
And they just let him go on his way.
3:28:17
But he developed such a tolerance for it that Michelle
3:28:21
and I watched a very similar, we watched a very similar one that
3:28:25
there was this lady was clearly drunk, but she was pretty
3:28:28
articulate. I mean, was full sentences.
3:28:30
I mean, we see some people that are .12 and they're just like,
3:28:34
no, no drink. I haven't had too, too much
3:28:37
officer. So, but this was like this this
3:28:43
person, this lady was just coherent as could be.
3:28:46
Yeah, OK, talking a little slow, yes.
3:28:49
And she was walking pretty bad. But I mean, in terms of just, if
3:28:53
you just were talking to like you, you might say, ah, yeah,
3:28:56
she probably had a couple of drinks.
3:28:58
That's about it. And meanwhile, she's, yeah,
3:29:00
she's blowing her like a .33. Like what is happening?
3:29:05
So obviously at least he admitted to having a problem.
3:29:08
But I think the problem really is, and we've talked about this
3:29:11
on sidebar somewhat, the system enables him to continue because
3:29:16
it does not take away his ability to drive.
3:29:20
It doesn't really penalize him. It doesn't do anything to try.
3:29:24
Maybe they've tried to give him some rehab or some counselling
3:29:27
or some something over over time obviously has not worked.
3:29:31
And so this is where we go from rehab to punitive.
3:29:34
I think we need to take away his ability to drive.
3:29:38
I mean, come on. And and the jail location thing,
3:29:41
you know how I feel about that. Not necessarily the biggest fan.
3:29:45
Yeah, I want the guy to be able to keep his job and stuff.
3:29:48
But I mean, this is DUI #5 yeah. Which I think is about 3 too
3:29:58
many. I'm kind of of the opinion,
3:30:00
again, unless there's some extenuating circumstances like
3:30:03
an extreme DUI or an injury to somebody else or something like
3:30:06
that, that the first one should be a little bit of a Mulligan
3:30:10
like I described before. But if you go out and do it
3:30:13
again, you know, at the at that point, you've probably just got
3:30:16
to say, OK, if I go out and I have a drink, somebody else is
3:30:19
going to drive or, you know, I'm not going to drink.
3:30:22
You learn your lesson, right? But yeah, I think after 2, I'm
3:30:28
kind of almost becoming of the opinion at the last point that
3:30:31
you should just lose your driving privileges, period.
3:30:35
And if you're caught driving right after that, I don't know,
3:30:39
10 years, I mean, maybe that's yeah, there's got to be, there's
3:30:46
got to be something or, or, you know, it's one of those things
3:30:50
where you should have to go to some sort of, and I'm not
3:30:54
necessarily saying inpatient, but some sort of intensive
3:30:57
outpatient thing or, you know, if you're after two, because
3:31:01
clearly if you've had more than two, there's a problem.
3:31:07
I get anybody can get one, I guess.
3:31:09
But but after two, I mean, it's like, you know, mistakes are one
3:31:14
thing. But yeah, outside of serious
3:31:16
injury, death, you know, serious property damage, yeah, at that
3:31:23
point, it should be about trying to rehabilitate.
3:31:26
But once you get to 5, rehabilitation clearly isn't
3:31:29
going to work either. It's about punishment at that
3:31:31
point and protecting the community.
3:31:34
And I think Stevens, as much as he lectured the guy and as much
3:31:40
as he came down on the guy, kind of let him off the hook.
3:31:44
I mean, and and replace the word kind of with totally.
3:31:49
Yeah. So that's, that was my take on
3:31:51
that. He said that.
3:31:53
He said that the 180 days was the most he could give him since
3:31:56
he put him on probation, which I get, but I don't think he should
3:32:02
have put him on probation. But right.
3:32:06
You think, Barbara, should he have been put on probation?
3:32:08
And I've heard you. I'm getting ready to hopefully
3:32:10
go to the library a second. Just waiting to go, Barbara.
3:32:13
You're on Barbara, you're live on TC 97.1.
3:32:17
You're welcome. I'm not feeling good.
3:32:20
Not on your radio. Barbara.
3:32:22
Now I'm going to get through. Let's see.
3:32:27
Barbara, Barbara, Barbara. You're.
3:32:34
Live. OK.
3:32:37
Hi. Hi.
3:32:40
You're live. What's up?
3:32:45
I don't. I don't know, Barbara.
3:32:49
Yes, I'm here. Oh, there you are.
3:32:51
Hello, Barbara. Here I am.
3:32:53
Hello we did like. A whole bit.
3:32:56
On you there, yes. So, so turn down your radio,
3:33:03
Barbara. I'm I'm sorry.
3:33:09
It's all right. I'm sorry my husband was in
3:33:11
here. That's my husband in the
3:33:14
background. I'm sorry.
3:33:16
No, you're fine. Anyway, so.
3:33:18
What? So what do you think?
3:33:19
Should this guy have gotten probation?
3:33:22
Absolutely not. I feel like his license.
3:33:25
I can you not hear me? No, we can hear you.
3:33:29
OK, I do not feel like I don't know what's going on with this
3:33:34
darn thing. I guess I'm behind that's I
3:33:37
don't think. Turn down your radio, Barbara.
3:33:40
It is turned all the way down. Oh, OK.
3:33:45
OK, is this better? Yeah, you're good.
3:33:48
Maybe not OK, I feel like the guy should have his license
3:33:52
revoked. I'm sorry, but one and two 3 is
3:33:56
enough for me. But 5?
3:33:58
Come on man, that's that's ridiculous.
3:34:00
If he doesn't kill himself, he's going to kill other people.
3:34:03
And how many victim impact statements have we heard where
3:34:07
they're getting a slap on the wrist that the probation for 10
3:34:10
years or whatever it is, which they never make anyway because
3:34:13
they can't stop drinking, even if they have the sober link on
3:34:18
their ankle, it doesn't matter. You know what I mean?
3:34:20
5 too many. And I think it puts they're so
3:34:25
worried about their communities and, and making sure everybody's
3:34:28
safe. Well, I don't think that's the
3:34:30
way to do it. 5 is ridiculous. It's crazy.
3:34:34
So I think that he should have gotten his license revoked
3:34:36
period and I feel very strongly on that.
3:34:39
Clearly for me to get up wondered they feeling as bad as
3:34:41
I do and no Nope. 5:00 is way too many.
3:34:46
Well, I I agree. I'm again, I'm I'm of your
3:34:49
opinion, I'm at 2, I'm at two. The first one's a Mulligan, the
3:34:54
second one is. The second one is you don't
3:34:56
drive anymore. Exactly.
3:34:59
I mean. It's not for an extended period
3:35:01
of time, Yeah. And if you're caught driving
3:35:04
after that 10 years, yeah. I don't know.
3:35:08
I don't think. It needs to be that difficult
3:35:11
and the and the judge should take you over his.
3:35:12
Knees spank. You, I'll let Judge Fleischer
3:35:17
now. Now that, that'll, that'll get
3:35:20
our judges taken off stream. We don't want any more of that.
3:35:26
I'm telling you. But seriously, I mean, when I
3:35:27
see these DUI cases, yes, when I see these DUI cases, I mean it
3:35:33
really well, you know, the ones that really upset me.
3:35:37
But the DUI, you know, I'm in second because it's many do we
3:35:43
see on a daily basis. That's what blows some of us.
3:35:48
Like it's OK to do and it's to do.
3:35:53
And with the judges handing these candy sentences, I think
3:35:57
it's ridiculous. The hell with the the bloke that
3:35:59
whatever it interlock device and all that stuff.
3:36:02
No, you just don't drive period. You know, that's really all I
3:36:06
have to say. But really clearly it angers me
3:36:10
because no, I don't drink first of all.
3:36:13
But that doesn't matter. I'm speaking for everybody to
3:36:17
keep everybody safe. That's not the way to do it.
3:36:20
By giving. Because as soon as she gets
3:36:21
another chance, you already know what's going to happen.
3:36:24
You already know, I guarantee you this guy's going to be back
3:36:29
just like the young lady. Statistically, he'll be back.
3:36:33
Right now, I know we're not talking about this case, but
3:36:36
Judge Stevens, that young lady is like started to cry.
3:36:39
Well, it's too late to cry now. You should have thought about
3:36:42
that before he gave you all these chances, the one that he
3:36:45
sentenced to five years. No, I totally agree.
3:36:51
It's like Cologne. How how many parents to?
3:36:57
You. Any of us in this, in any kind
3:37:04
of crime, there's no way we would get off that easy.
3:37:07
I really, I believe that there's no way we wouldn't be that
3:37:10
lucky. But I'll never step foot in
3:37:12
Texas. I can tell you that.
3:37:15
Not that I do anything wrong, but my Lord, no way.
3:37:20
I don't know. So that's all I have to.
3:37:22
Say I'm going to do in Texas. Well, I'm not going to do any
3:37:26
crime. Yep, thanks you guys.
3:37:28
Hope you have a good day and sorry, I just haven't been feel
3:37:32
better Barbara, the weather, I'm sure you can tell.
3:37:34
So thanks guys. I'm going to I'm going to sign
3:37:38
off. All right.
3:37:41
Yeah, no, I, I yeah, certain crimes in Texas are definitely
3:37:48
different, handled much differently than you would
3:37:50
think. Well, yeah, the things you'd
3:37:53
think they would come down on you.
3:37:55
They don't. But that's a weird thing that we
3:37:57
just we see here is that every every area just seems to have
3:38:01
their things that bother them, you know, Right.
3:38:07
You know, in, in Florida, it's fishing.
3:38:11
Yep. Hunting out of season without a
3:38:15
license or whatever that mean That's like that guy for that
3:38:17
guy. I still can't get over $42,000
3:38:20
bail. That was then then who was it
3:38:26
from the NFL? That's there on a on an what was
3:38:30
it like a aggravated Antonio Brown attempted murder, right.
3:38:35
Attempted murder, attempted murder 25,000 fish.
3:38:40
Meanwhile, up to the north and up there in good old Jackson
3:38:43
County, up in the Panhandle, Judge Mercer's handed down
3:38:46
$42,000 bail for for, I mean, multiple counts, mind you, but
3:38:51
still, for hunting without a license and fishing out of
3:38:56
season, I don't know. The justice system is weird.
3:39:03
I mean, I, I, I believe that more and more things should be
3:39:06
controlled at a local level. We've talked about that before.
3:39:09
But then in the same respect, when you look at this stuff
3:39:12
nationally as we do here on TCF, and then you see the disparity
3:39:18
of things, it's kind of crazy, you know.
3:39:23
Well, and then the other thing, Dan, that I wanted to touch on
3:39:27
just real quick was we, we should at some point, yeah, try
3:39:31
to put together like the dumbest, the worst of TCF or the
3:39:35
dumbest things on T because that guy's snatched defeat from the
3:39:39
jaws of victory today. I I, he sure did.
3:39:42
I've, I've seen it a couple of other times.
3:39:45
I, I want to say there was a case like that in front of Judge
3:39:49
Fleischer. Even I, I know I've seen it
3:39:53
where somebody has a great deal worked out.
3:39:56
Oh, Judge Morgan, very famously, she had a guy that she did not
3:40:01
want to that there was this plea deal.
3:40:03
She was begrudgingly accepting it.
3:40:06
This was many months ago. This is over the summer and she
3:40:10
did not want to accept it. But he stumbled kind of or he he
3:40:14
sort of said in in his allocution that, well, you know,
3:40:19
there was some other people that.
3:40:21
Did something like he didn't fully completely allocute and
3:40:25
judge Morgan immediately just goes, all right, we're going to
3:40:27
set this for trial then see you next time see you later.
3:40:30
So she immediately get, because she wanted so badly to have a
3:40:34
trial for that guy and, and actually sentence him properly
3:40:38
because she is, she even said that she was not happy about the
3:40:42
about the sentence, but she was going to accept it.
3:40:46
But yeah, then once he kind of screwed that up so that that
3:40:50
would be, I'd have to go back and try and find that one
3:40:53
because that's definitely in the top five also.
3:40:55
But today was that was incredible.
3:40:58
And especially in front of Judge Middleton, who was, you know,
3:41:02
being pretty chill about the whole thing.
3:41:04
And as he always is, you know, and I, I that was crazy.
3:41:13
I I know I don't, I don't understand what that guy was
3:41:17
hoping to accomplish there, especially when he when he just
3:41:21
flat said, yeah, I took it, but everybody takes it.
3:41:23
It was words to those effect words to that effect.
3:41:26
I mean, why? Yeah, I wrote in the chat it's
3:41:29
like it's it's Owen 59,000,000 on on ever being able to use
3:41:35
that as a defense and having it work.
3:41:37
I mean, it's, it's so far still it has never worked.
3:41:40
Yeah, I did a judge. But here's the thing, like
3:41:43
everybody else, that people were stealing crap out of that yard
3:41:47
all the time. Judge Like there's I, I, I only
3:41:50
stole one. This other guy took like 5
3:41:52
things and I like that's never worked.
3:41:56
Yeah, I was about to say can the guy be that dumb?
3:42:00
But that question kind of answers itself.
3:42:02
So don't even need to ask it. Barbara says I don't want Yeah,
3:42:09
Barbara says I don't want to interrupt the show, but 5 Duis
3:42:12
it's way of what I can process. You interrupt the show at all.
3:42:14
It's the whole idea. It's why we do this, to be able
3:42:16
to Yeah, That's that's that's that's the point, Barbara.
3:42:19
That's yeah, I will say. And besides that, it was a
3:42:24
little bit, but yeah, a little. That's the whole idea.
3:42:27
But it's, you know, but still, I just.
3:42:31
I right. Yeah.
3:42:37
I, I so, I, I don't know, Dan. I I did.
3:42:41
This is one of those situations where I I'm just not sure.
3:42:44
Just not sure. Maybe I maybe they should have
3:42:49
had him left. Just Yeah, maybe he'd been
3:42:55
drinking this morning. Are you making this freely and
3:42:57
voluntarily? Are you drunk today, Sir?
3:43:01
Yeah. You almost, you almost should
3:43:03
have put him through those questions.
3:43:06
I mean, I, I, you know, there's not a procedure for that.
3:43:09
I, I know he can withdraw his plea and that's his business.
3:43:13
But but yeah, you almost should ask those questions because I
3:43:17
don't think he was in his right mind.
3:43:18
There are so many times and this should, there's so many times
3:43:23
and maybe this should be merged in.
3:43:25
But with, you know, sometimes people just need a glass of shut
3:43:28
the hell up. Just listen to your lawyer.
3:43:30
Shut the hell up and follow the agreement.
3:43:34
You're not going to talk yourself into anything better
3:43:37
than out of a out of a felony and into a misdemeanor.
3:43:40
What does he think he's going to?
3:43:41
Well, if I just keep talking, I might get out of here Scott
3:43:44
free. Like no is so I don't know.
3:43:49
That was that was classic though.
3:43:52
I mean, don't get me wrong, entertaining, but highly
3:43:56
frustrating and stupid. Charles asked if there was a
3:43:59
jailhouse lawyer type of thing. He was not in custody though, so
3:44:05
I know. He.
3:44:07
Yeah, maybe a maybe a friend, not a jailhouse.
3:44:13
You know one of your know it all buddies.
3:44:15
Yeah, yeah, yeah, most. Hey, dude, dumb man, don't take
3:44:20
that. People are stupid.
3:44:21
Don't take their advice. It's a safer bet, especially
3:44:25
nowadays. Bro, if anybody starts a
3:44:28
sentence with bro, don't take the advice.
3:44:34
I see that all the time over on the kick side of the stream
3:44:37
where people are trying to get me to sign up for their BS
3:44:39
services. Bro, I'm watching your stream.
3:44:42
It's so cool. Yeah, OK.
3:44:44
Ban. Yeah, yeah.
3:44:48
All right. So.
3:44:50
Well, anyway, Dan, that was a lot of lot of fun today on TCF.
3:44:54
It's always a it's always an exciting day.
3:44:57
Well, Beth just sent me a a downer to end of the day on.
3:45:01
Do you want to stick around for that?
3:45:03
OK, let's sure. You're like.
3:45:07
Do I have to? There.
3:45:11
All right, here we go. Why aren't you?
3:45:15
Where did I go? Am I here?
3:45:17
Well, that's what I'm trying to figure out.
3:45:19
I disappeared into the void anyway.
3:45:22
Well, I tried to remove you from the void, but it wasn't.
3:45:25
It was. You were just there.
3:45:26
I was caught in the void. It happens.
3:45:31
So she stumbled across this while we were chatting here.
3:45:33
Babysitter reportedly said she fell an infant who suffered head
3:45:37
trauma, Lost part of skull. So this will be an interesting
3:45:42
thing to follow. Two weeks ago, Tori Nelson Tori
3:45:47
Nelson reportedly got a message from a babysitter of her three
3:45:50
month old son, Braxton no parent ever wants to receive.
3:45:53
Chris Musselman, Braxton's father, told
3:45:56
yourcentralvalley.com that the babysitter said she fell on
3:45:59
Braxton and then woke up to find the infant quote unresponsive.
3:46:06
She fell on Braxton and then woke up.
3:46:09
That's an interesting statement. So was she drunk?
3:46:12
Let's keep reading. With that, Braxton was rushed to
3:46:16
the emergency surgery for severe head trauma.
3:46:19
We barged in the emergency room where the ambulance goes,
3:46:22
Musselman said. We got yelled at by security
3:46:26
guards. After six hours surgery, doctors
3:46:28
shared more bad news. He explained to us that the
3:46:32
injuries weren't consistent with the fall.
3:46:34
They were consistent with the baby having been shaken and that
3:46:38
and at that point the doctor had no choice as to a mandatory
3:46:43
reporter to involve Child Protective Services and other
3:46:46
authorities with that 50 year old Tiny Hamilton, the non
3:46:50
relative caregiver of Braxton, was arrested and booked into the
3:46:54
Madera Madera County Jail in California on felony child abuse
3:46:57
charges. City of Madera is about 30
3:47:00
minutes northwest of Fresno. As you might imagine, Braxton's
3:47:05
parents of the days since they've gotten word about their
3:47:07
son have been a nightmare. He cries, but his cry is
3:47:10
different. You know your babies cry and
3:47:13
like what they want and need. I just don't know anymore.
3:47:18
Musselman added that it's been absolutely tragic.
3:47:20
No parents should ever have to go through this.
3:47:22
No child ever having been treated this way.
3:47:27
I was heartbroken to see my son that way with all of the tubes.
3:47:30
And just like in the state he was in, he never asked for this.
3:47:36
Good news is Braxton is no longer in ICU and no longer in a
3:47:39
breathing tube. Well, that's good.
3:47:42
And a GoFundMe has been set up, so whoop, hit the right button.
3:47:49
There we go. So thank you, Beth, for sharing
3:47:56
that. Sadder way to end the day.
3:47:59
But this and it's in California, so unfortunately, we're not
3:48:05
going to see. Yeah, I lost your audio,
3:48:09
Michael. Hold on.
3:48:13
Sometimes there you go. Sometimes stuff breaks.
3:48:15
Yeah, it sure does. But I mean, it's in California,
3:48:19
So we're not we're not going to see the stream, but it's a it's
3:48:22
a story we can continue to watch.
3:48:24
But what is up with people? What is wrong with people?
3:48:33
Shaken baby is yeah. I mean great that he's not in
3:48:39
ICU. And I mean that this is a kid
3:48:41
that now probably will have to have lifetime care.
3:48:46
You know Barbara get the wood chipper fired up.
3:48:50
I mean, this is I, I things like that, just I, I don't even have
3:48:57
words for them. I'm usually pretty able to
3:49:00
articulate myself on issues like this, but it's just some
3:49:03
sometimes it all, the only thing I think of is just
3:49:05
heartbreaking. Like when you were reading that,
3:49:08
I just felt the air just leave the room because it's just, and
3:49:14
then of course you feel just anger because you can't and and
3:49:19
disbelief. You just can't believe someone
3:49:21
would do that. I mean, I get, you know, some
3:49:24
people are not adequate to handle a crying baby or
3:49:27
whatever, but that doesn't mean you pick it up and shake it.
3:49:29
And then they come up with Ohio. I, I, I, I fell, I fell OK.
3:49:35
And that's, that's obviously, you know, that the facts belong
3:49:41
by that statement. So I, yeah, let's let's keep an
3:49:47
eye on that story, I guess, and see what happens to her.
3:49:49
You know, I thought we were going to do a follow up to the
3:49:52
Chuck E Cheese guy who who was taken away from Chuck E Cheese.
3:49:59
Remember, I think we talked about that over the summer.
3:50:02
He was led away from Chuck E Cheese like in is still in the
3:50:05
uniform and stuff because of credit card fraud.
3:50:08
Yes. Well, he he had a plea deal and
3:50:12
I guess. Yeah.
3:50:13
I thought that was what we were going to follow up.
3:50:15
I was like, oh, what a fun way to end the day.
3:50:18
Oh, no, just shaking baby syndrome.
3:50:20
That's no, no, but but really sets the tone for a Wednesday.
3:50:25
But I will say this, this is so so thank you for your
3:50:29
contributions, honey. I appreciate it.
3:50:32
But I will say this. It speaks to what we see so
3:50:35
often across the nation, and that's that we're not protecting
3:50:44
those who are most vulnerable. We're not acting responsible
3:50:48
with them. And unfortunately, when they get
3:50:49
to the court, the these things aren't necessarily handled well.
3:50:54
Now, this is a violent act. So I'm guessing that the person
3:50:57
will probably get more of a sentence than they would get
3:51:00
with like, possession of images and stuff, which I still don't
3:51:06
understand why we go so light on that or just like ripping off
3:51:09
from the elderly or whatever. Yeah.
3:51:12
But I don't I don't think it says a whole lot about our
3:51:17
society and its current condition when we can't even
3:51:22
protect our infants because they're, you know, this is
3:51:27
cliche, but they're the future. You know, it's it's the
3:51:32
continuation of the human race. And when we start messing with
3:51:35
that, I don't know, it's like we've lost our instincts.
3:51:39
Well, yeah, you know, it's I just want to know what snaps in
3:51:49
someone's brain. But what, what happens that the
3:51:53
switch gets flipped or or something just breaks where they
3:51:57
just go? You know, I I can't cope with
3:52:00
this, so I'm going to just shake the baby.
3:52:02
Like what? What happens where?
3:52:07
Yeah. Where do the instincts go?
3:52:09
Where does the humanity or the empathy or just.
3:52:12
I mean, why not just walk out of the room, take a breath?
3:52:15
Where is that? Do people not have any means of
3:52:20
coping anymore? Is there?
3:52:22
No, well, it seems that way because we had, we had
3:52:27
perplexed, baffled. We had, we had the guy in
3:52:31
Desantos court today who's like, I just, I can't cope without my
3:52:34
marijuana. I'm shaking because I'm so
3:52:36
nervous. Like, are you kidding me?
3:52:38
Life is not that difficult. And if and if it is that
3:52:43
difficult, you're doing it wrong.
3:52:44
And I'm not saying, again, I'm not saying anything simple and
3:52:48
I'm not, Look, I've had four children.
3:52:51
When you have a baby that's crying, especially if it's going
3:52:54
on for hours and you can't figure out why it's happening
3:52:57
and you can't get it to stop, is it frustrating?
3:52:59
Uh huh. It really is.
3:53:02
You'll pull your hair out. But you know who else is ready
3:53:06
to pull their hair out? The baby.
3:53:09
Because the baby has zero communication skills, zero life
3:53:12
experience, has no idea what's going on.
3:53:14
It just knows it has a problem. So, Yep, I don't know.
3:53:23
We need to do better. Pray we all do better.
3:53:27
I guess that's the bottom line. We do.
3:53:30
Michael, give me something that's happy to end the day
3:53:32
with. Yeah, do better.
3:53:33
Do world something happy to end the day with.
3:53:40
Boy, I'm. I'm having trouble.
3:53:43
Hey, it's going to be a beautiful day. 75° today 75 with
3:53:48
some clouds. Just a perfect beautiful day out
3:53:51
there today. That was the high temperature
3:53:54
this afternoon. 75 yes. Step outside and touch some
3:53:58
grass. Do we have grass here?
3:54:03
I'm I'm looking out the window. I see stone dew out in our yards
3:54:07
that have popped up from recent rain to step on weeds and smoke
3:54:14
weed, touch weed, whatever you want to do.
3:54:18
All right, thank you, Michael. Thank you, Dan.
3:54:25
Michael Groff, ladies and gentlemen.
3:54:27
By the way, Barbara, if you're still out there, drop a link to
3:54:30
Michael's channel. If you're not subscribed to
3:54:31
Michael's channel, go fix that. He does Arizona weather, which
3:54:37
may not be your thing, but subscribe to him anyways because
3:54:40
he's worth it. Tim says I have grass.
3:54:45
Good for you, Tim. We don't have grass here.
3:54:48
It would just burn up if we did. All right, friends, we'll call
3:54:52
it a day there. We'll be back tomorrow. 9:00 AM
3:54:55
Eastern, 6:00 AM Pacific, half an hour early for channel
3:54:57
members. And we have sidebar tomorrow as
3:55:00
well. What are we talking about?
3:55:01
Don't know. We got to figure that out today,
3:55:04
but we will. I hope you had fun.
3:55:06
Barbara said it's been an intense day.
3:55:08
It kind of has, but a worthwhile day.
3:55:11
So thank you all for joining me. Go have yourselves a great
3:55:14
Wednesday. See you tomorrow.
3:55:15
Take care, God bless.