Latest / The Courtroom Files / January 29 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #220

Transcript

January 29 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #220 · The Courtroom Files

• 0:01
  Good morning, everybody. Happy Friday, Eve.
• 0:03
  It's a Thursday here at TCF live.
• 0:05
  Good to have you all with us today.
• 0:08
  We'll start with judge Middleton.
• 0:10
  He's doing misdemeanor arraignments on the spine.
• 0:12
  Undoubtedly cold. Michigan morning happy.
• 0:15
  I had two guesses and I got it wrong last time, too.
• 0:21
  You met with Village attorney for Constantine, Mr. Howard
• 0:25
  Bush. He tells me, you have your
• 0:27
  license. And you're good.
• 0:29
  They're gonna dismissed, there's no valid operators license.
• 0:33
  And you're going to enter a plea to a charge and owners allowing
• 0:36
  another to violate the motor vehicle code.
• 0:40
  That's what usually happens with these, the lawyers.
• 0:45
  The prosecutors and the court, try to work with people to help
• 0:49
  them get their license back and get off the driving suspended
• 0:54
  marrying around. If you gotten a no Ops, you
• 0:57
  wouldn't have been able to get your license that you have now.
• 1:01
  So Mr. Bush and the court adjourn.
• 1:05
  This to let you get your license and you held up your end of the
• 1:09
  deal. You got your license.
• 1:10
  So he's amended it to a charge called the allowing another to
• 1:15
  violate the motor vehicle code. It doesn't carry any points.
• 1:19
  It doesn't get abstracted to your driving record and should
• 1:24
  not affect your ability to keep or maintain your driver's
• 1:27
  license. However, it is a misdemeanor
• 1:30
  even if it's a very minor one punishable by up to 90 days in
• 1:34
  jail and find out of 200 dollars.
• 1:36
  Normal. Fine.
• 1:37
  For this is 200 dollars. Do you understand?
• 1:41
  Yes. What I just said here, did
• 1:45
  anybody promise you anything to get you to plead to this?
• 1:48
  Or promise or threaten you, yes. To understand that.
• 1:53
  If you do, please to this charge, you'll be giving up your
• 1:55
  right to have a trial in front of a judge or jury that will not
• 1:59
  be a trial. Yes.
• 2:03
  If you had a trial, you have the right to be represented by an
• 2:06
  attorney. If you wish to have an attorney,
• 2:08
  only got to do is tell me and I could have point one for you.
• 2:11
  Like I did for last two gentle. He had a trial, you'd have the
• 2:16
  right to take the witness stand and testify your own behalf.
• 2:20
  She don't have to because you have a right not to testify and
• 2:23
  if you did not wish to testify the judge or jury could not hold
• 2:28
  your silence against you and you have the right to be Presumed
• 2:32
  Innocent but the state was able to prove your guilt Beyond
• 2:35
  Reasonable Doubt. Understand.
• 2:38
  Yes, sir. All right.
• 2:40
  Were you driving a car in Constantine back in October of
• 2:44
  2025 and your license was not valid at that time?
• 2:48
  Yes, sir. It had been.
• 2:51
  I'm not sure what happened but you were eligible to get it
• 2:55
  reinstated in January and you went to the SOS it did get it
• 2:59
  reinstated. Yes sir very good.
• 3:04
  Or I'm gonna do a 75 dollar fine seventy.
• 3:07
  Five dollar Crime Victims rights fee in a $50 State.
• 3:11
  Minimum that's 200 dollars. Can you pay that today?
• 3:16
  Or any time to pay at any time I give you 30 days, which will go
• 3:21
  to February. 20th. Don't want people to pay for the
• 3:38
  Mexico's, an Amish people, but they also asked for time but
• 3:42
  they do mostly pay. This will be by 2:27 206.
• 3:51
  All right, I'm glad you got your license back.
• 3:54
  This won't affect it and going forward.
• 3:58
  You should be good to go. How long should pay this?
• 4:06
  All right. Good luck to you.
• 4:13
  Fisher Truckee, you've popped your collar there on the left
• 4:16
  side. No, I wasn't.
• 4:18
  But oh yeah, that's any button. I think you got it.
• 4:23
  Thank you. Good morning.
• 4:45
  Once again, everybody, excuse me, hoarse throat this morning.
• 4:50
  Anyways, good morning TCF live. It's Thursday or is we like to
• 4:55
  call it here? Friday Eve.
• 4:56
  It's good to have you all with us. let's, Go to judge Dad.
• 5:01
  See what's going on there. Good morning Council or can you
• 5:08
  ever he's 7819 here on behalf Mr. Giles all so president your
• 5:13
  name. Sure.
• 5:14
  So as I understand he's gonna clean guilty to two counts of
• 5:18
  disorderly. What?
• 5:21
  One count. why, you know, contest plea Calling Mr.
• 5:27
  Bologna. John 249, I believe it would be
• 5:32
  What's your basis for the no contest?
• 5:34
  Please was there. There's gonna be.
• 5:38
  Continuing legal action, your honor, the condition that he
• 5:42
  didn't like how was it was all. But what happened during the
• 5:45
  day? So, no contest.
• 5:49
  We contemplates. Future.
• 5:56
  Litigation. All right, let me get the
• 6:00
  prosecutor in here. I just need to clarify something
• 6:02
  Mr. Balanga, your parents like it's good morning.
• 6:06
  Um I just want to clarify. It's one of disorderly right?
• 6:10
  I know and you've got just shorterly and yes which counts
• 6:16
  you know you care. Why don't you just write on here
• 6:19
  if you don't hear count one or counting, I'll take the plea on
• 6:22
  that one. And the reason for the milk
• 6:25
  contest play, was there actually an allegation Council of In
• 6:32
  other words, is there a possibility of civil litigation
• 6:34
  on this Mr? Bologna.
• 6:35
  Yes, sir. Let me just double check.
• 6:38
  I would think in an assault case, but I want to double check
• 6:41
  something here, the other police report in here for me, I have it
• 6:45
  right here, your honor. But yeah, I'm gonna need to have
• 6:48
  that marked. Yeah, she can hand it to my
• 6:52
  recorder there. Whatever this part of the
• 6:55
  discovery package. Wait one second, slow down.
• 7:00
  Maybe I can just have this one marked, several one.
• 7:03
  Once you give me a step one, if you can always bring those in on
• 7:06
  a no contest, please would help. So, do you understand what
• 7:10
  you're doing here? Mr. Can't Mr. A Giants.
• 7:14
  You understand me, please. No contest to one count of
• 7:18
  disorderly which I suppose would be count one.
• 7:22
  That's what he's written down now that I'm gonna dismiss both
• 7:25
  counts, count one, and count two of assault and battery.
• 7:28
  Do you understand? And he understand her no
• 7:32
  contest. Plea has the same effect as a
• 7:34
  guilty. You can and he understand the
• 7:40
  possible penalties on this Earth to 500 dollars in fines. 90
• 7:44
  days, jail costs or all of those.
• 7:46
  She understand that. Yes.
• 7:48
  Can I have your staple? This is this, the only police
• 7:51
  that's it. All right, and I'm sorry you can
• 7:57
  have that staple. That's marketed.
• 7:59
  People's won. You know, if I just got The
• 8:04
  there was also a body came in, this would be extended to get,
• 8:08
  how I believe it was protected Underhill.
• 8:10
  And I I think the officers that indicated that they will at some
• 8:14
  point allow us to maybe. Look at that together but we did
• 8:19
  try to get the complete that there was There was no that we
• 8:23
  couldn't get the body Cam and all.
• 8:25
  So when the discovery, no, no witness statements and no,
• 8:29
  photographs of the Lynch injury. So I was just point that out.
• 8:35
  Well, that's be between if that retains to other litigation
• 8:38
  that's between you and this Mr. Bologna and the Circuit Judge,
• 8:42
  and whether or not there's issues raised of HIPAA violation
• 8:46
  to potential HIPAA violations it, right?
• 8:48
  Okay. So I've had this smart people's
• 8:51
  one, you stipulate that can use this Mr. Amber.
• 8:54
  Yeah. And Mr. Bolonia, yes, sir, did
• 8:57
  you sign read and understand and advice for him here today?
• 9:01
  If you complete no contest, you'll be giving up all the
• 9:04
  rights on the advice to write. And we are not going to have a
• 9:07
  hearing or a trial. Do you understand that?
• 9:10
  Any questions before I ask you how you proceed, how you wish to
• 9:14
  plead? I'm sorry.
• 9:16
  No. All right, to the charge of
• 9:19
  disorderly person, how do you plead all right, let me review
• 9:25
  this. Are you on probation or parole?
• 9:49
  I can't hear, you know there's a in I find there's a factual
• 9:52
  basis for the police. Has anybody forced you to plead
• 9:56
  guilty? All right, I'm gonna accept your
• 10:05
  plea to count one disorderly. No contest that again.
• 10:08
  I find there's a factual basis. I'm gonna dismiss.
• 10:11
  Count one original charge of A and B count two in B.
• 10:16
  Refer you for a present report. Didn't see anything in here.
• 10:25
  About. Let me just double check.
• 10:38
  I didn't see anything that he was under the influence.
• 10:41
  So, I'm just gonna order a PSI. We'll give you a sentence date.
• 10:44
  He's gonna undergo a PSI today. We're going to notify the
• 10:48
  victim. Amy.
• 10:59
  We can do the 12th February 12th at 8:30.
• 11:03
  That's good with me. You Good Counsel.
• 11:05
  That's awesome. February 12th at 8:30 sir.
• 11:09
  We'll see you back here. Thank you.
• 11:10
  Thanks Mr Tonya. Thank you.
• 11:16
  Dylan Lane James 26647075. And I'd like to see you Renee
• 11:22
  pixley's seated at this table. And my right here left, come up
• 11:26
  to the podium mystery and tell me your your name.
• 11:37
  Don't you're charged with Drive will unregistered vehicle.
• 11:40
  You have the right to a lawyer. Would you like a lawyer?
• 11:44
  Sir. Sir.
• 11:52
  Okay, you go up the hallway will give you a lawyer.
• 11:56
  Okay. Celia Renee Pixley, zakowski
• 11:59
  216647514 A and B. Come out to the podium, man.
• 12:06
  And tell me your name, please. This guy needs a lawyer, your
• 12:11
  charger expired relations, and you know, so driver license.
• 12:17
  Driving with an expired Place, expired, licenses, a
• 12:20
  misdemeanor. You have the right to layer on
• 12:22
  that. If you'd like, then.
• 12:23
  I'll give you one. Otherwise, I will ring you and
• 12:25
  send you to the prosecutor. Talk.
• 12:30
  I can't hear you, man. Okay, just keep your voice up
• 12:35
  nice and go ahead and Iranian 10 or 26.
• 12:38
  It is alleged that you did operate, a motor vehicle in
• 12:41
  fortnite Reelin and Trenton at 8:39 p.m.
• 12:44
  Dr. Will license expired as a misdemeanor punishable, by up to
• 12:48
  100 dollars in fines, 90 days jail cost for all those and two
• 12:52
  points. Do you understand that?
• 12:54
  And you're also charged with expired plate.
• 12:56
  That is a civil and fret. If you understand that, did you
• 12:59
  sign read and understand the advice of Rights?
• 13:01
  If you plead guilty, you will be giving up all those rights and
• 13:04
  we're not going to have a trial to understand that All right,
• 13:07
  you still wish to waive your right to a lawyer.
• 13:10
  I'll enter an actual. If you play hundred dollars
• 13:12
  personal Bond, you don't have to post any money.
• 13:14
  You have to comply with these Bond conditions though.
• 13:17
  You cannot leave the state. Without consent of the quarter,
• 13:19
  violate a law, you must appear in court is directed.
• 13:23
  You go outside, the prosecutor will call you.
• 13:25
  We're going to bring this file to the prosecutor and then Once
• 13:30
  she wants, you talk to the prosecutor, you'll come back in
• 13:33
  here, okay? Thank you, France.
• 13:35
  Cisco. Elijah's, can't you find out to
• 13:38
  2447628? Can't you your name?
• 13:51
  Francisco and all right, so your client Mr. She played the no
• 13:57
  contest operating while visibly impaired.
• 14:00
  There was an accident here he was referred for a screening and
• 14:04
  assessment, but before you go on, I need to make sure Amy that
• 14:08
  there's not a Timothy Roberts out there either in the
• 14:11
  courtroom on June. He was notified.
• 14:14
  He is the victim. Anybody out there know?
• 14:16
  No Timothy Roberts on Zoom. Thank you.
• 14:20
  Have you had a chance to review the report Council?
• 14:22
  And are there any material additions?
• 14:24
  Corrections or deletions? I hate your special, anything
• 14:27
  you'd like to say on his behavior.
• 14:29
  Yes, done extremely well on bond.
• 14:31
  I still had England women. I looked jurisdiction.
• 14:34
  I believe they are appropriate. I believe, they're for yourself
• 14:37
  and very able to position for early termination.
• 14:39
  That being said to, he works for between 55 and 65 hours a week
• 14:44
  in Warren. I potentially just ask
• 14:46
  consideration for us an alternative to the workforce
• 14:48
  community service but otherwise I believe all those conditions
• 14:51
  are appropriate title for the requests.
• 14:53
  Thank you Jeff. Sure?
• 14:54
  Anything that you would like to tell me before I sent you know.
• 15:13
  This is your first Contact but you only 22.
• 15:16
  This kind of scares me that you're here already.
• 15:18
  I was telling you, you understand.
• 15:22
  Yeah. Okay.
• 15:24
  It. All right, 12 months probation.
• 15:27
  You cannot leave the state without the consent of the court
• 15:29
  and you cannot violate any law or didn't send any unit of
• 15:33
  government. If you change your address, your
• 15:36
  place of employment or home telephone number, you must
• 15:38
  notify the probation department. You do have to Appear as
• 15:44
  directed no alcohol, no alcohol at all.
• 15:46
  You're not to purchase possess. Or consume any?
• 15:56
  Bill marijuana, no illegal drugs, Kratom poppy seeds and
• 16:00
  CBD oils are prohibited consuming food or other items
• 16:03
  containing. Those substances will be deemed
• 16:05
  a violation. Here, Smith's Chemical Testing
• 16:11
  pbts. They're recommending it appears
• 16:14
  by weekly. Sure, well, I'm gonna make it by
• 16:17
  weekly. For four months.
• 16:21
  If you're clean, I'll make it monthly.
• 16:23
  So, make sure all those tests come up, negative.
• 16:25
  Okay. You understand, you're going to
• 16:28
  attend the shops and she'll be used group through class a
• 16:30
  training center. Your attend, the Victims Impact
• 16:33
  Panel this does can snow contact with the victim at all.
• 16:37
  I'm going to order 40 days jail. Credit One.
• 16:42
  Serve three. I have, I'll let you do one of
• 16:45
  those by way of community service, but the other two are
• 16:48
  going to have to be done on the court work program one day
• 16:50
  community service. I'll give you until March the
• 16:53
  15th to complete that two days on the court work program.
• 16:56
  There's a 35 dollar a day, charge for that, for a total of
• 17:00
  70 dollars in court, work Philippines, so party,
• 17:02
  understand the sentence Yes. Okay.
• 17:08
  This was a impact cellular Council.
• 17:12
  Yes, sir. So I'm gonna give them cost of
• 17:14
  recovery of 150, 300 dollars in fines, 250 costs, 75 victims
• 17:20
  rights fee, 50 dollar, Justice assessment.
• 17:22
  So find some costs are 675 cost of recovery is 150 for eight and
• 17:27
  a quarter screen fee. 60 for 885 probation, fees are two 40.
• 17:32
  So your total their amounts to 11:25 Plus The court work
• 17:37
  program fees. The total is 1,195.
• 17:47
  The incarcerated for up to 93 days left, 21 days to appeal.
• 17:50
  You have 14 days to apply for a point of order for purposes.
• 17:54
  You'll also, you may be eligible, thoroughly, discharge,
• 17:57
  you stay out of trouble. No violations.
• 17:59
  You come in here and six months. You fill out a petition by law,
• 18:02
  your entitled to early discharge, okay?
• 18:04
  You understand all that. Yeah.
• 18:07
  All right. Does he have all this to pay Mr?
• 18:08
  Shemke, he I guess you are. I asked that I can pay it all in
• 18:17
  this organization. I just need his balance, he made
• 18:22
  minus the potential extra six months of a supervising.
• 18:25
  What will return that okay. Maybe you got their phone out of
• 18:29
  here. The phone has to leave the
• 18:30
  building man. Phone has to be out of the
• 18:34
  building. Thank you.
• 18:37
  Yeah. Who's there, who's that?
• 18:44
  All right, we will refund that. If you stranded early, just
• 18:49
  Okay, sure. You're going to meet with the
• 18:50
  probation department. Okay?
• 18:52
  Go down. Pay your fines, and go over to
• 18:54
  probation and they'll instruct you Here.
• 18:59
  Okay. Thank you.
• 19:00
  Thanks a lot. Have a good day.
• 19:01
  Holly turning. Holly Anne Darnell 25.
• 19:05
  T 647138 Good morning. Good morning your name.
• 19:14
  So you have a fuel 185, you need time to pay.
• 19:19
  Yes, do you have anything today? I have 45 online right now.
• 19:23
  Okay, when can you pay this? Um, can I pay a little bit the
• 19:26
  following Friday and the rest of the following sure.
• 19:30
  How much can you pay in each? I'll tell you what, you pay 45
• 19:32
  today. You pay their balance at rate of
• 19:36
  50. Dollars per week.
• 19:39
  I'll give you a little extra time 50 per week and we'll start
• 19:43
  that on February. The sixth is that good?
• 19:46
  We'll make it February 9th Street and get it here.
• 19:50
  If you need more time somehow, no worries, come talk to me.
• 19:54
  Honor before the due date or call Court.
• 19:56
  Tell him we need to go on. Zoom.
• 19:58
  I'll go on. Zoom with you.
• 19:59
  I'll Grant you an extension honor before any due date.
• 20:02
  I don't care how many times. You don't need people take me up
• 20:07
  on that, do they say? Thank you and then they don't
• 20:09
  call them set up so I don't care if we have, just telling me I
• 20:14
  don't care how many times we have to do it.
• 20:15
  All right, I do appreciate good luck to you.
• 20:17
  Thank you, Mark. Daniel Purdy 25c 645 104.
• 20:23
  Mr. Purdy, come on up here, sir. Your name.
• 20:33
  All right. Illegal firearm transport is the
• 20:40
  charge. You have the right to an
• 20:42
  attorney. If you would like one I will
• 20:43
  give you one. Would you like an attorney?
• 20:46
  I'll go ahead and arrange you on January 9th of 2016 at 8:39 in
• 20:52
  the morning. The police think that you were
• 20:53
  on Medford OR Belmont and Trenton and that you really,
• 20:57
  really transported a firearm, it says, kind of was located inside
• 21:01
  his vehicle with two pistols in the center console unloaded.
• 21:04
  But with one magazine loaded in the center console and another
• 21:07
  in the glove box, that is a missing any of your CPL.
• 21:09
  They say it's fired in 2018, that is a misdemeanor under
• 21:12
  local ordinance punishable by up to 500 hours and finds 90 days
• 21:17
  jail calls to roll those. She understand that?
• 21:19
  Yeah. Did you sign read and understand
• 21:21
  and advice rights? Yeah, if you plead guilty at any
• 21:26
  time you'll be giving up all those rights and we are not
• 21:29
  going to have a trial of any kind, you understand that?
• 21:32
  Yes. All right, you still wish to
• 21:34
  waive your right to a lawyer, not guilty, please enter it.
• 21:37
  I'm going to give you a personal Bond of 500 dollars.
• 21:40
  You cannot leave the state without the consent of the
• 21:42
  Court. You cannot violate a law.
• 21:44
  You must appear in court as directed.
• 21:46
  You're not the possess any Firearms.
• 21:49
  No firearms. You're not possess any Firearms.
• 21:52
  If you have any active surrender, those to the police
• 21:54
  department, Trenton, within 24 hours, and, You were printed on
• 22:02
  this and all. So no contact with prosecution
• 22:04
  witnesses. It's up through your lawyer.
• 22:07
  Do you understand all that? All right, so go talk to him.
• 22:11
  And I'm gonna put this on here. For you, you're going to wait
• 22:18
  outside in the home. The prosecutor will call you.
• 22:22
  And he's ready to see you and then you can come, you're going
• 22:25
  to come back in front of me either way.
• 22:27
  Okay, good luck people against Alan Franco which once you hit I
• 22:34
  have a sense. I'll call that next Alan Fonseca
• 22:37
  she here. No.
• 22:39
  Sorry. Go ahead.
• 22:42
  I'm sorry, please department. Just wanted to dismiss that one
• 22:45
  so I pulled it. So, the prosecutor wrote up this
• 22:49
  failure to respond to civil infraction, he sent it in.
• 22:53
  I can't read what he said, five Pond or something like that.
• 22:56
  But at any rate, he's got, he's moving for dismissal cases to
• 23:00
  smash. That's again for failure to
• 23:02
  appear. Or a civil infraction.
• 23:04
  People at Collins devyn, Tyler Collins.
• 23:07
  Two, five, one four, nine, seven, seven, three eight, good
• 23:10
  morning. I also have a B file here.
• 23:18
  He put on under 7411. That is a possession of a
• 23:22
  controlled substance which is cocaine and he also pled on the
• 23:27
  Drone driving to the charge of operating while visibly
• 23:31
  impaired. He was referred for a screening
• 23:33
  and assessment. If he had a chance to review
• 23:35
  that with him and are there any material editions Corrections
• 23:38
  are deletions. Wait a minute.
• 23:44
  No, I don't think so. I think they found you.
• 23:49
  It prints out possession, you should consider substance but
• 23:53
  this is the one where he acknowledged to the police that
• 23:56
  he had volcano in his pocket. Well, I wasn't the original
• 23:59
  attorney in my in my right or am I wrong?
• 24:03
  Did I ask you your name yet? I know.
• 24:08
  Okay, so it was the it was the cocaine and and he was referred
• 24:14
  for screening and assessment. He be had a chance to review.
• 24:18
  The I have report, any material additions Corrections or
• 24:22
  deletions? Yeah.
• 24:24
  Okay. Anything that you would like to
• 24:27
  say on his behavior with the rest of the problem is going to
• 24:33
  be, they meeting. He has sustained from any
• 24:37
  alcohol. He said she's like working man
• 24:39
  it's a little lights working in the winter time.
• 24:43
  He said, okay and So, she spent all his money on cocaine though,
• 24:50
  what's he doing? Go ahead.
• 24:52
  I'm sorry. I think that's, he's right.
• 24:56
  That was in a lot of money because he's not doing it.
• 24:58
  Well, that's good. That's good.
• 25:01
  Just calling us. What would you like to say
• 25:04
  anything? All right, I just have that.
• 25:08
  Apologize to me. Apologize to yourself, you know
• 25:12
  what I mean? You're nice looking kid.
• 25:14
  You got you seem to have a lot going for you, get away from
• 25:17
  that stuff. Okay.
• 25:21
  And the marijuana too, right? I mean come on.
• 25:25
  Don't do this to yourself. I hate to see kids like you or
• 25:29
  anybody, frankly get themselves in trouble, you just seem like
• 25:32
  you got a lot going for you and That cocaine is miserable stuff.
• 25:37
  Any did I let you finish? I'm glad to listen.
• 25:40
  Anything else that you'd like to say I do have my two months a
• 25:44
  coin from Afghanistan times a week basically arrested and
• 25:50
  Mostly clean as a whistle. Basically up until about people
• 25:54
  sit down. So wait a minute, please.
• 26:00
  See that again. The offense was in October, we
• 26:05
  didn't have pre-trail on this till December 18th.
• 26:11
  I thought, I heard you say I was playing as a whistle up until
• 26:13
  two months ago. Yeah.
• 26:15
  After they arrested, I was still smoking a little bit and I see
• 26:19
  that and you're proof of great attendance.
• 26:25
  Can I see you? In Savannah.
• 26:37
  There's not two separate ones because I misplaced one of them.
• 26:40
  So there's a couple of mostly on one of them, a couple other mmm.
• 26:49
  Do you live with? Myself.
• 26:52
  You don't look at my Grandma's old house and paying off her
• 26:57
  mortgage right now. Looking there.
• 27:00
  They don't believe these anymore, I'll take it.
• 27:03
  Your word and manually is back. Can you put Mr?
• 27:06
  Schlaf will handle, they actually.
• 27:07
  Yeah, and he's going to stay out of trouble.
• 27:11
  I know he is right? Mister Collins.
• 27:28
  Probation. I'm file a it's not under any
• 27:32
  statute another words, there's no 7411 or anything else but it
• 27:37
  is on the beast at you. So if you clean, you do
• 27:40
  everything, I tell you to do that count too on motion to
• 27:44
  cross, there's going to be dismissed And because I'm taking
• 27:48
  it under that statute, you understand that, right?
• 27:50
  So, 12 months probation, all these terms are going to run
• 27:53
  concurrent, you cannot leave the state without the consent of the
• 27:56
  Court. You cannot violate any law
• 27:59
  ordinance. If you change your address place
• 28:01
  of employment at home telephone number, you must notify.
• 28:04
  Probation immediately. You have to report as Direct.
• 28:10
  No alcohol. No marijuana.
• 28:12
  No illegal drugs. You're not going to purchase
• 28:15
  possess your consuming, any one of those things I do want you to
• 28:19
  chemical Kratom poppy seeds and CBD oils or prohibited.
• 28:22
  By the way, consuming food or other items contain, those
• 28:25
  substances will be deemed to violation.
• 28:28
  You're submit to Chemical Testing pbts in the TGs by week.
• 28:33
  The cocaine has me even more concerned than the other.
• 28:36
  You're going to do that for five months.
• 28:37
  If you're clean, I'll then make it monthly.
• 28:39
  So every other week you're going to test and I expect you to
• 28:42
  test, okay? We want to make sure you stay
• 28:44
  off of that you understand. All right. 40, jail, Credit One,
• 28:54
  served three electric, serve those, all of those on the court
• 28:57
  work program. There's a 35 dollar a day charge
• 29:00
  for that for a total of 105 dollars.
• 29:02
  Again, I'm attributing the fines and cost, primarily, unless they
• 29:06
  say otherwise and all the common costs on file, a um, so, You're
• 29:16
  all so to attend and complete an outpatient substance abuse
• 29:20
  treatment program. You're going to continue going
• 29:23
  to AA and a three times a week until you're in intense about
• 29:27
  I'm sorry until you're in Outpatient Treatment. and, You
• 29:35
  were all so to attend the Victims Impact pins.
• 29:37
  So the quicker you get in outpatient, the better.
• 29:40
  If you get in this week, you know, no longer have to go to AA
• 29:43
  or na. But you do have to complete
• 29:45
  Outpatient Treatment. You do have to attend the
• 29:48
  Victims Impact pain. You understand everything I've
• 29:52
  said so far. All right, the terms of finding
• 29:55
  closed on the 8th, the impaired file, 300 dollars fines to get
• 29:59
  the costs, 75 Victory, 50 dollar, Justice assessment, 675
• 30:04
  probation, fees are 240 for 975, you have cost of recovery.
• 30:11
  Oh, two eighteen for a total of 1193.
• 30:16
  You have, I'm going to just assess forty dollars in attorney
• 30:19
  fees for a total of 1233. Plus the court work program,
• 30:22
  fees of 105 for a total of 1,000 300 338 dollars.
• 30:29
  I'll go light on your fines and costs on the other case.
• 30:31
  It's simply going to be 100 fine hundred costs, 75 victims or HP
• 30:35
  50 dollar Justice assessment, the screening fee, probation
• 30:40
  fees cost of recovery. Fees are all going on the 8th, a
• 30:43
  file so you go 325 plus 1338. That would be 16 603 you have 21
• 30:51
  days to appeal, 14 days to apply for a quarter point of law for
• 30:54
  purposes of appeal and you may be eligible for early discharge
• 30:58
  certainly on the empire in the prosecutor certainly can move to
• 31:02
  dismiss these 7411 if he is satisfied.
• 31:06
  Once you file your motion, early disco Johnny 8:55,
• 31:22
  You can't pay these fines, I mean they're worth a part-time
• 31:26
  job at my job. So here's what I'm going to do.
• 31:29
  I want you pay 50 dollars a week.
• 31:34
  I'm going to do that on the a file.
• 31:37
  And I'm going to start that beginning on February the 27th.
• 31:40
  I'll give you a little bit of leeway time.
• 31:43
  So I'm going to only have you pay 50 per week, starting that
• 31:46
  day. If you need more time, you can
• 31:47
  come talk to After you pay the fine Zone and cost on that.
• 31:52
  You repay on the B file. So after finds cost on the a
• 31:57
  file, you'll pay them on the B file.
• 31:59
  If you're really running into trouble, you come back in here,
• 32:02
  file a motion. I'll be glad to entertain that
• 32:04
  we flash for you. Okay, I'll give you a review
• 32:07
  here. Hearing date right now, which is
• 32:09
  going to be 12 months out on the 7411, the drug charge.
• 32:12
  What do you have for me there? Amy.
• 32:15
  It should be in January of 2017. God, willing for all here, Mr.
• 32:19
  Schlaf. It's gonna take a minute.
• 32:25
  That's the next year's calendar. January 27th, we can do.
• 32:33
  The 14th, we're just good. January 14th at 8:30 in the
• 32:39
  morning, okay? Now that's independent of the
• 32:43
  other case. So if you Do everything.
• 32:48
  There's no violation. You feel free to make your
• 32:50
  motion for early discharge in six months on the impaired
• 32:54
  charge. And usually, the prosecutors
• 32:56
  will. Then go ahead and dismiss move
• 32:59
  to dismiss on the other. Okay?
• 33:01
  I wish you. Well, thank you Mr. Schlaff!
• 33:04
  You're going to meet with probation before you leave here.
• 33:06
  Okay. Thank you.
• 33:10
  Good morning. Once again, everybody TCF live.
• 33:12
  It's Thursday. I hope you're all having a good
• 33:14
  day so far. Let's switch it up.
• 33:17
  We'll stay in Michigan, but let's go see what's going on
• 33:20
  with a certain judge Simpson who's getting his day rolling,
• 33:23
  but Somebody. I need.
• 33:30
  We're starting strong. Yes, we are.
• 33:35
  Like okay from the Washington County Public Defender's Office
• 33:41
  you know? Yeah you're on to the extent
• 33:43
  that there's a conflict. We would have any conflict one.
• 33:46
  We agree with the prosecutor. We asked the way we have any
• 33:48
  conflict, or any potential conflict or thought of a
• 33:51
  conflict in these matters. Incorporates part does not
• 33:55
  believe, it's kind of cases decided there under two things
• 33:59
  that they were supporting here. Court does call The Case of the
• 34:04
  people versus Kenyan jacks. Ever ask you for people?
• 34:11
  Just need to bring on behalf of the defendant.
• 34:15
  Jackson, can you state your name, please?
• 34:18
  Hey Alex. Thank you sir.
• 34:20
  Your honor, Mr. Chevelle. And I have had an opportunity to
• 34:23
  discuss these matters. This matters gonna have to be
• 34:26
  said, he's matters are gonna have to be sent to Circuit Court
• 34:29
  for resolution. My client was unaware that
• 34:31
  because he's in the Macomb County jail.
• 34:32
  But Mr. Jackson, we're going to work out a deal for you in
• 34:35
  Circuit Court just like we did in Macomb.
• 34:37
  So we need to wave exam just like we did in McColl and said,
• 34:40
  okay with you Yes. All right, so Mr. Jackson.
• 34:45
  You understand that your waiving you write to have a preliminary
• 34:47
  examination in these matters? Yes.
• 34:52
  You understand that a preliminary examination is
• 34:54
  proceeding where the people would have to show by probable,
• 34:56
  cause at the offensive, all committed that you committed.
• 35:01
  Yes. You understand, you're not have
• 35:04
  that hearing on these matters and you'll proceed to Circuit
• 35:06
  Court for further resolution. Yes, people also wearing yeah.
• 35:14
  Preliminary examination. Having been waived dependent.
• 35:19
  Bound over the circuit court on. We acknowledge receipt of
• 35:24
  information in both files. My client waves, the reading
• 35:27
  stands but acid and not guilty plea.
• 35:29
  The energy. By me.
• 35:37
  My face. I have four counts by four and
• 35:41
  three, correct? Been in every way former reading
• 35:46
  standing mute Portland International 7 counts.
• 35:52
  Pretrial in this matter. We'll be set for February. 23rd
• 35:58
  2026, one, 30 judge. A mood.
• 36:07
  I thought you said judge, who? That's all right?
• 36:15
  Thank you. So, the people versus damarion
• 36:21
  white. we're gonna be some of the Court Davidson, we have to
• 36:28
  marry white who's appearing via Zoom from the Juvenile Center,
• 36:50
  Do I can you state your name, please?
• 36:53
  Demario. I thank you.
• 36:55
  You're honor myself and Mr. Childers are working toward a
• 36:59
  resolution. There's probably gonna get bound
• 37:01
  over actually, but we need a little more time at this level.
• 37:03
  So we're just asking for a couple weeks to Germany.
• 37:10
  Well. Probably cause conference will
• 37:13
  be adjourned to worry, 12. thank you, 20269 a.m. the people
• 37:26
  versus Margaret katowski, You.
• 37:40
  Petoskey. yeah, she's in Germany I think I need an attorney.
• 37:50
  He's? Right here.
• 38:00
  Assistant, public defender representing us Petoskey.
• 38:04
  Mr. Speaker, can you state your name, please?
• 38:22
  Thank you. Yeah, I know there was an
• 38:26
  operation. Ladder and I didn't meet with Ms
• 38:31
  pataski at the Department of Corrections yesterday.
• 38:33
  And I As soon as I left the department was able to leave the
• 38:39
  department and get to myself on. I did reach out to Mr. Childers
• 38:42
  to let him know that she intends to accept the offer.
• 38:45
  Unfortunately, I don't believe he received it in time, it was
• 38:49
  tired. It was like 4:00 although I had
• 38:52
  a 1:30 appointment. Oh then adjourn this out.
• 38:56
  Two weeks to 12. 2026 90 and I apologize Miss Petoskey.
• 39:04
  I know you find will continue and hopefully then I'll have the
• 39:07
  paperwork and we can set. We can Get it all settled
• 39:11
  payments Petoskey. Well, thank you.
• 39:15
  All right. Thank you.
• 39:18
  Cord does call the case people versus prokopios Hallie.
• 39:24
  On behalf of Mr. Battalion, please take a name for the
• 39:31
  record once you get up here. Hope you conference, we will be
• 39:37
  waving to eliminate exam at this time.
• 39:40
  Mr. Fratelli's. Excuse me a waiver form, right?
• 39:43
  As we speak and it was Deputy Allen.
• 39:46
  That correct, sir. standard preliminary examination is a
• 39:51
  proceeding where the people would have to show by probably
• 39:53
  because at the offenses were committed in Yeah, you
• 39:58
  understand your not have that hearing circuit court for the
• 40:01
  resolution. All right, people?
• 40:03
  Right pulmonary examination. Haven't been waiting for court
• 40:07
  on both counts. Stand mute as to as, to reading
• 40:12
  or wave. I got there eventually.
• 40:16
  Find any way. Former reading standing new
• 40:18
  court will internet guilty. Plea pre-trial will be set for
• 40:21
  February 12, 2026 130, judge slay.
• 40:27
  Big church on continued. Thank you.
• 40:34
  The people versus Tiffany Peters.
• 40:43
  They go on the essence Peters, just turned aygeex.
• 40:48
  I think it's a half of the people.
• 40:57
  Judge. This is a PCC man.
• 40:59
  I had a long one. I'm sorry, Robert.
• 41:01
  Ms, Peters, sorry. Peter can you state your name?
• 41:05
  Please. Tiffany.
• 41:07
  Homer Peters. Thank you, judge.
• 41:12
  Miss Peters was living in West Virginia.
• 41:14
  Now this is a child support matter.
• 41:16
  She's current in her payments as far as monthly payments.
• 41:21
  I'm asking for a 30-day German again, I had a long conversation
• 41:25
  with her last night, she can make a between now.
• 41:28
  And then she within the next week, she can make it 800 hours
• 41:31
  payment and we're hoping she can bring this Amount down to where
• 41:36
  we can work yourself short of a felony, but we need some time to
• 41:39
  do that. There.
• 41:42
  Any objection from the people regarding that.
• 41:45
  No, I would just like the attorney to get in contact with
• 41:48
  our office, but no objection your honor.
• 41:52
  Gonna call her office, if I know who to call.
• 41:57
  Yes. Yes, I will judge.
• 41:59
  Thank you. because conference, Will be adjourned, then to
• 42:06
  February 26th. Thank you.
• 42:12
  Thank you guys in 26. Thank you.
• 42:14
  Thank you. Case of the people versus Gary
• 42:23
  Carr, right? Here.
• 42:35
  Thank you. Sitting this matter.
• 42:40
  For example, you're right, I do have all the Disco Heather
• 42:51
  Witnesses available to 10. Your honor.
• 42:54
  I'm going to be gone a month of February.
• 42:56
  All month. Yes, that's right.
• 43:02
  He held on something else. No, you're right.
• 43:05
  I was gonna make a bad Motion in a moment you're under, but
• 43:16
  People going to be opposing. A release in this case.
• 43:24
  All right, Heather. As well as okay.
• 43:30
  Here's what I'll do. I'll, we'll mark the March 3rd
• 43:35
  work for you. I've got a trial starting on the
• 43:38
  second I can do the 10th. So what I'll do is preliminary
• 43:42
  examination in person. March. 10th 2026. 90 mm before.
• 43:50
  Judge Before George Washington. What I'll do at this point is
• 43:58
  I'll have his bond continue to send a stipulation over with the
• 44:02
  conditions and then I'll sign off.
• 44:04
  Thank you. All right, thank you, thank you.
• 44:11
  Cause the case people versus Randol layer.
• 44:16
  AG test. Just running on our Assistant
• 44:20
  Attorney General for Williams that we have for the people.
• 44:23
  Good morning your honors. This one's better job.
• 44:25
  You leave me after Laird. I believe it appears by them.
• 44:27
  It's their Yes, sir. Randall Laird.
• 44:32
  I need a camera. Sir, I'm working on, I'm sorry.
• 44:39
  What are we going here? And I did just see the full
• 44:44
  information. 26.
• 44:58
  Yeah. All right.
• 45:00
  Probably God's conference. In this case will be during
• 45:02
  February 26th. 2026 and I am. Thank you.
• 45:08
  Thank you. Thank you.
• 45:13
  Okay. That was it I guess.
• 45:19
  Yeah. That was it unless you want me
• 45:22
  to do something else but people normally don't Thank you, sir.
• 45:29
  All right. They're just good morning
• 45:35
  Runner, Charlotte Stefan on behalf of Mr. Patent patent, can
• 45:40
  you state your name, please? Okay, thank you.
• 45:42
  What are we doing? You're on our, we have reached a
• 45:45
  resolution of this matter, Mr. Patent is signing, the plea
• 45:49
  form. And the advice of Rights form.
• 45:53
  The people have offered to reduce this to use of cocaine.
• 45:57
  A one year misdemeanor, He's gonna be guilty to their.
• 46:13
  Yes he is wrong. All right.
• 46:15
  Play form that I have in front of me now indicates it and it
• 46:18
  will be pleading guilty to the charge of use of cocaine to one
• 46:22
  year offense upon a successful to that charge and one would be
• 46:27
  dismissed. That's right.
• 46:31
  That's quartz full understanding that we have a sworn, where's
• 46:35
  the right firm? The testimony about to give the
• 46:39
  whole truth or nothing, but the truth will be gone and you stay
• 46:41
  your name and you Spencer party. Sarah.
• 46:44
  This is Court entertaining that you're going to be pleading
• 46:46
  guilty to the charge of use of cocaine.
• 46:48
  Yes, sir. That's a misdemeanor punishable
• 46:50
  by up to one year in jail and 1,000 prime plus court costs.
• 46:54
  You understand that? Yes.
• 46:55
  You understand. Also that while I'm taking your
• 46:58
  play I would not be your sentencing judge this case.
• 47:00
  Yeah and it would be sentenced before judge.
• 47:04
  Perry and the 15th District Court.
• 47:05
  Yes, sir. Let's play guilty.
• 47:08
  Yeah, sure that he'll not have a trial of any kind.
• 47:13
  Yes, you signing advice for me. Is that correct?
• 47:16
  That's right. Any questions regarding any of
• 47:18
  those rights? So, yeah, she's looking
• 47:20
  paragraph five. You'll see a copy in the podium.
• 47:22
  Those are right. You are part of a trial, you
• 47:23
  understand me please. You'll be giving up those rights
• 47:26
  as well as. All right.
• 47:26
  Yes. Can you give up your right to
• 47:29
  appeal of, right? Yes, sir.
• 47:31
  Are you on probation or parole? Oh, yeah.
• 47:33
  Anybody promise you anything. Other than what's been stated
• 47:35
  here? Anybody threatened.
• 47:39
  New York porch? Oh, you're doing this
• 47:41
  voluntarily? Yes, sir of your own free will.
• 47:43
  Yeah. Sure.
• 47:44
  Because you believe that you're guilty.
• 47:45
  Yes, sir. May 16th 2025 at the location of
• 47:49
  North Carolina, Washington County state of Michigan, you
• 47:55
  have cocaine in your possession. Yes, sir.
• 47:56
  Hey do you use it? Here and did you know what you
• 48:00
  were using was cocaine. Not sure if I accept your plea
• 48:03
  between the time that I accept your plane a time of sentencing.
• 48:05
  If you commit misconduct just fine by the Michigan court
• 48:08
  rules. You would not be entitled to
• 48:10
  withdraw your play. And the court would not be found
• 48:13
  by any sentence, recommendation, or evaluation understand that.
• 48:16
  Yes. Also, you're aware of any other
• 48:19
  promises threats or other inducements which have led to
• 48:21
  this. No.
• 48:22
  Yeah, no. And have I complied with the
• 48:26
  court? Yeah, you have your owner or
• 48:28
  will accept a defendants please guilty to count to count.
• 48:31
  One is dismissed presents investigation and reporters
• 48:34
  ordered a 15th District Court? Probation sentencing will be
• 48:38
  February 27th, 2020, six, eight thirty and I just carry
• 48:47
  basketball. Thank you, judge.
• 48:49
  You're gonna Mr. Patent is in custody, antibody violation, for
• 48:54
  failure to test. It's my understanding that he
• 48:57
  was reporting as directed but didn't have the funds to test.
• 49:01
  He also believes there was some discussion at the time that the
• 49:06
  bond was set in indicating if he was not able to or testing, but
• 49:10
  he would not be in violation. So we are respectfully asking if
• 49:14
  you're on her, would reinstate the bond.
• 49:18
  Thank you. Any response from the people?
• 49:24
  Are you going to be able to test Tessa?
• 49:27
  I mean I can afford it but I can test clean.
• 49:30
  I can't afford it. What you're gonna find a way to?
• 49:34
  I can find it right tasks because if I let you out we're
• 49:38
  going to end up in the same boat.
• 49:39
  Again, if you don't, you don't go over there and don't test, I
• 49:42
  can go test. I can either 10 hours or just
• 49:47
  make that money up when I can. Yes sir.
• 49:54
  I'll Grant the motion for bound reduction previously.
• 50:00
  Thank you. Thank you.
• 50:20
  Guess what? It put back.
• 50:23
  Or does called the case people versus Michael.
• 50:27
  Ebola. Yeah.
• 50:34
  See He? Is attorneys.
• 50:46
  This is a term. Mr. Bennett Really.
• 50:57
  Mr. Bennett Thursday's your name, Michael?
• 51:08
  I'm gonna pass your case. We gotta wait for your attorney
• 51:10
  to show up. Okay, he's on the Zen screen but
• 51:13
  not responding. All right.
• 51:16
  I'll pass that case cord does called a case of people versus
• 51:19
  indeed. Not so.
• 51:30
  I'm sorry. Did you call the door?
• 51:31
  No, he didn't. Good morning Jana.
• 51:34
  Christina staxyn, I wanted to have you here, waiting?
• 51:46
  You just gotta point of your Waiting video, discovery correct
• 51:49
  that on its way. It's Tribal college conference
• 51:54
  will be adjourned in two February 12th.
• 51:58
  You know, I like to make a bond on my picture motion February
• 52:02
  12th, 2026, 9 a.m. Yes, it's about Poor reduction.
• 52:13
  To personal Bond. It's reported to me that she and
• 52:17
  I alleged victim, do not reside together.
• 52:18
  He has a different address so she should be able to return
• 52:22
  home and May not be able to see. She does have a cast on that she
• 52:29
  will need to go to a position to address and being incarcerated.
• 52:35
  I'm afraid that she won't be able to do that to get it off in
• 52:38
  time they matter. Response.
• 52:42
  Or she was also very I rated. But at this point, I would
• 53:07
  object Anything else? Yeah.
• 53:10
  Oh, just say that it was a highly intense situation and
• 53:14
  berating, I mean, calling someone names does not rise to
• 53:19
  the level of incarceration. I believe.
• 53:24
  Or additional charges calling someone names as an adult.
• 53:27
  But that's screwdriver that we do, it wouldn't it?
• 53:31
  I, Don't need to say 100, thank you.
• 53:44
  Okay, friends. Good morning once again, to all
• 53:47
  of you who have just arrived good to have you all here, all
• 53:49
  of you have been here. I hope your day is progressing.
• 53:51
  Well, let's, Change it up. Let's go to Ohio, Judge colada,
• 53:56
  Charlie are here in the matter of the state of Ohio versus
• 54:00
  number 27003 defendant is present and open court with
• 54:09
  their attorney Chad Mulkey. We are set today for an
• 54:12
  informational hearing. It's my understanding that the
• 54:14
  defendant will be pleading to count one.
• 54:16
  Aggravated possession of drugs, a felony, the 5th degree with
• 54:19
  the attached, portraiture specification, count to
• 54:23
  obstructing official business at felony, the 5th degree and count
• 54:26
  three misdemeanor, theft misdemeanor, the first degree,
• 54:29
  there is no agreement regarding sentencing.
• 54:31
  The state would request a presented report, a drug and
• 54:34
  alcohol assessment prior to Thank you.
• 54:37
  Thank you smoking. That sound right.
• 54:39
  It does your own thing. Thank you.
• 54:50
  Mr. Adams were able to hear the prosecutor in your lawyer.
• 54:52
  Just had to say regarding what they believe your plans are here
• 54:54
  this morning. Yes sir.
• 54:57
  Indicated the court. They believe that your desire to
• 55:01
  waive, the right to have this case presented to a grand jury
• 55:03
  and Offspring in a moment more detail what?
• 55:05
  That means, then go ahead and plead guilty to the charges and
• 55:08
  information which I will also review with you.
• 55:10
  We would then the first sentencing me evaluations
• 55:13
  completed come back in a future day for sensing where there's no
• 55:17
  agreement between the parties regarding any recommendations
• 55:21
  for sentencing. Each side for you to recommend
• 55:23
  to the court. Whatever sentence they believe
• 55:25
  is the fair thing to do is that your understanding of the
• 55:29
  discussions that took place between your lawyer and the
• 55:31
  prosecutor? Most importantly, what you want
• 55:34
  to do here today? Yes, sir.
• 55:38
  Well, before I can accept your plea then I need to make sure
• 55:40
  you understand everything we're doing here.
• 55:42
  You need to make sure you understand what it is.
• 55:44
  You're charged with and pleading guilty to the rights.
• 55:47
  You had that you give up by pleading guilty as well as all
• 55:49
  the possible penalties you face. So, for me to determine all
• 55:53
  those issues, I'm going to ask you a series of questions.
• 55:56
  If at any point when I'm asking you, these questions, if you're
• 55:59
  unsure unclear, if anything, I'm asking you, if you need
• 56:02
  anything, repeated or clarified, if you look at the moment to
• 56:05
  talk with your lawyer, so you could ask them questions.
• 56:07
  Or even ask me questions, make sure you let me know that I need
• 56:10
  to make sure you understand everything going on, right?
• 56:12
  Yes sir. All right.
• 56:13
  Well, let's get started at how old are you, sir?
• 56:16
  408, are you able to read and write English language?
• 56:20
  Yes, sir. Do you have any difficulty with
• 56:22
  that or difficulty? Understanding, what you read in
• 56:24
  the English language? Are you a US citizen?
• 56:27
  Yes, sir. Now, before you came in the
• 56:29
  court here today, I do any drugs are alcohol of any kind.
• 56:31
  No. What about in the last 48 hours?
• 56:34
  No, not even prescribed medication, nothing?
• 56:37
  No, sir Now, you should have received or did you receive?
• 56:42
  I should ask a copy of the information I was filed.
• 56:44
  In this case. That's the darkness.
• 56:46
  That's forth. Specific charges?
• 56:48
  You're accused of committing. Did you get that?
• 56:49
  Yes, sir. And yet chance looked that over
• 56:51
  at some point? Yes.
• 56:53
  All right, we'll go with those charges with you again.
• 56:55
  If you have any questions, make sure you ask, but in count one
• 56:57
  of the ledge, and what you're admitting to is, honor about
• 57:00
  December 20th 2025 in, Manor Lake County, Ohio, that you
• 57:04
  didn't normally obtain possessor, use methamphetamine,
• 57:07
  or some compound mixture of preparation or substance
• 57:09
  containing methamphetamine, which is a scheduled two
• 57:11
  controlled substance, the amount involved, not equal or exceed,
• 57:14
  the bulk amount. Which makes the offense
• 57:17
  aggravated possession of drugs of thought of the degree.
• 57:19
  You understand what you're charged with completing guilty
• 57:22
  to in regards to this count? Yes sir.
• 57:24
  Any questions for me about it? No sir.
• 57:27
  There's also what's called a forfeiture specification, that's
• 57:30
  a part of this charge. She'll let that through the
• 57:32
  commission, the adventure, and interest in property that was
• 57:35
  considered to be Contraband or an instrumentality contributes
• 57:39
  property, that's illegal just because of the nature of the
• 57:41
  property itself. An instrumentality is some type
• 57:43
  of property that there may not be anything illegal about it.
• 57:45
  But it's being used illegally or any in the facilitate a crime
• 57:49
  mechanic, you can't use it possessed for that purpose.
• 57:51
  And here, it's alleged the methamphetamine itself is the
• 57:53
  Contraband and the whole point of this is that you forfeit any
• 57:57
  ownership interest. You have in that property allows
• 57:59
  the state to properly dispose of it at the conclusion of the
• 58:02
  case, any questions about that? Now, count to let the ledge here
• 58:07
  is our about the December 20th 2025 in Mentor Lake County, Ohio
• 58:10
  that you did in that without privilege to do so, the purpose
• 58:14
  to prevent obstruct or delay, the performance by a public
• 58:17
  official or an off of an authorized act within the
• 58:20
  public. Officials official capacity,
• 58:22
  that hamper or impeded the public official and the
• 58:25
  performance of the public officials lawful duties.
• 58:28
  The violation created a risk of physical harm to any person
• 58:31
  which makes the offense obstructing official business.
• 58:33
  A felony of the 5th degree to understand what you're charged
• 58:37
  with completing guilty to in regards to count.
• 58:43
  To any questions about it for me.
• 59:07
  Now, count, three, what is alleged here is on, or about
• 59:11
  December 20th, 2025 in Maryland, County, Ohio that you do with
• 59:15
  purpose deprived Meyer, the owner of property being store
• 59:18
  merchandise, a New England Patriots, control over that
• 59:20
  property without the consent of Meijer, or anyone else off the
• 59:23
  rise to give consent value. The property is less than 1,000
• 59:26
  which makes the offense. Misdemeanor, theft the
• 59:28
  misdemeanor, the first degree. To understand what your charge
• 59:31
  with completing guilty too. In regards to this count, yes,
• 59:34
  sir. Any questions about sir?
• 59:37
  So you understand the nature of the treasures are pleading
• 59:38
  guilty to yes, sir. Well then before I can accept
• 59:42
  your plea, I need to make sure you understand.
• 59:48
  All the right you're giving up by pleading guilty.
• 59:53
  And you first of all, have a right to have this case
• 59:54
  presented to a grand jury. So that document, I just read to
• 59:57
  is called the information. And information is a criminal
• 1:00:00
  charges brought by the Prosecutors office with the case
• 1:00:03
  having previously been reviewed or considered by a grand jury.
• 1:00:06
  Now, what Yes, friends. I just paused this for a second
• 1:00:12
  because I need to ask you guys a question.
• 1:00:14
  There's going to be a little bit of a Choose Your Own Adventure
• 1:00:17
  option, and I'm gonna put a poll up.
• 1:00:18
  So you let me know what you want to do.
• 1:00:20
  I'm just going through the feeds and right now, there was a jury
• 1:00:24
  selection yesterday and judge Wade, Mercer's court, and he's
• 1:00:27
  running a trial today. Now, I can't tell you the last
• 1:00:31
  time if ever that, I've actually caught a trial in Wade, Mercer's
• 1:00:35
  court. And this is a judge, we like,
• 1:00:37
  but it seems to be about as rare as trials were in judge
• 1:00:41
  fleischer's court. So, my question is, do you want
• 1:00:44
  to watch that today if you do? I have no idea how long it's
• 1:00:47
  going to take. I can carry it through the
• 1:00:49
  fourth hour if it goes over that, we could continue with it
• 1:00:53
  tomorrow. It's kind of up to you but I'm
• 1:00:57
  gonna put up the poll now and let me know what you think.
• 1:00:59
  Obviously if we start there that may be all.
• 1:01:02
  We watched today from that point on and again, I carry it through
• 1:01:05
  the fourth hour, but if it goes over that we just I'd recording
• 1:01:08
  continue. Tomorrow, so let me know your
• 1:01:10
  thoughts. Grand jury is, it's made up of a
• 1:01:13
  group of citizens here from Lake County that get together and
• 1:01:16
  they meet privately, they meet in secret for the purpose of
• 1:01:18
  evaluating evidence in cases to determine whether probable cause
• 1:01:22
  exists that someone committed a crime probable causes to find as
• 1:01:26
  some evidence that would suggest a person probably committed a
• 1:01:29
  criminal offense. Everyone in the state of Ohio
• 1:01:31
  accused of a felony has the right to have a grand jury
• 1:01:34
  independently review the evidence in a case and make a
• 1:01:37
  decision without the government being involved in that decision.
• 1:01:40
  Whether so much we charge or not.
• 1:01:41
  You have that right as well but you can give up that right?
• 1:01:45
  If you desire and go forward in the charge brought by the
• 1:01:47
  prosecutor and this information and your attorney is indicated.
• 1:01:50
  He believe. That's what you want to do.
• 1:01:51
  Is that correct? Yes sir.
• 1:01:53
  Well, before I can go, I need to have to acknowledge that here in
• 1:01:58
  open court in writing and I have in my possession here at this
• 1:02:01
  time, a document called a waiver of indictment which sets forth.
• 1:02:06
  What I just indicated to explain to you regarding the grand jury.
• 1:02:10
  Before I go any further, I need to make sure you understand what
• 1:02:14
  this document says and that you sign it here and open court.
• 1:02:18
  now, my understanding before I walked out here, you had a
• 1:02:20
  chance to go over this stuff and with your lawyers, that correct,
• 1:02:25
  Smoke. Is that accurate that you review
• 1:02:27
  this with your Client. Go over it with him.
• 1:02:31
  Answer his questions. I did your honor, did he
• 1:02:35
  indicate an understanding it understanding of it to you, when
• 1:02:37
  you did that, he did. Is that correct, Mr. Adams.
• 1:02:43
  You understand what the stack him and says?
• 1:02:45
  Yes, sir. Do you have any questions for
• 1:02:47
  me? No, sir.
• 1:02:49
  I also appears you sign it back. And did you sign it?
• 1:02:51
  Yes, sir. Smoky witness that I did as
• 1:02:55
  Johnston. I did not even sign up though.
• 1:02:57
  He didn't sign this. Will be made part of the record
• 1:03:14
  at this point, Mr. Adams, I'm going to review with you all the
• 1:03:18
  other rights you had that you're giving up by pleading guilty.
• 1:03:22
  First of all, right, to a trial and a Truck could be to me as a
• 1:03:25
  judge or I listened to all the evidence and I make that
• 1:03:27
  ultimate decision, whether you're guilty or not guilty, but
• 1:03:30
  you also do have a constitution right to have a jury trial, a
• 1:03:33
  jury trial would be in front of 12 citizens here from Lake
• 1:03:36
  County, who are listening to all the evidence seat side.
• 1:03:38
  Wanted to present those jurors were considered way all that
• 1:03:41
  evidence and in those 12 jurors will make that ultimate decision
• 1:03:43
  and that ultimate decision reached by the 12 years would
• 1:03:47
  have to be a unanimous decision. Unanimous means all 12 of them
• 1:03:50
  would have to agree together, one way or the other, whether
• 1:03:52
  you're guilty or not guilty. Do you understand that?
• 1:03:56
  You understand by pleading guilty or giving up your, right?
• 1:04:00
  Okay, friends. The vote seems to be clear.
• 1:04:03
  You all want to go watch this judge, Mercer trial.
• 1:04:07
  I've got no idea what it's about.
• 1:04:08
  I've got no idea what's going on.
• 1:04:10
  So, we're just gonna figure out together.
• 1:04:12
  And again, I'll carry it as long as I can today, even into the
• 1:04:15
  fourth hour. If it goes over that, then we'll
• 1:04:19
  just we'll pick it up tomorrow. But I've already started a
• 1:04:21
  recording on it. This is very procedural right
• 1:04:24
  now in judge, Colada's court. So, let's just go go down to
• 1:04:29
  Florida and we'll get it, started Wade, Mercer, and then
• 1:04:32
  come back. He wanted to be interested.
• 1:04:40
  That was a joke. I do have cough drops.
• 1:04:45
  You need culture, these are Rico Lays.
• 1:04:49
  Vehicle lie. I've learned now but I don't buy
• 1:04:53
  cough drops for taste. My cough drops for
• 1:04:54
  Effectiveness. Some of the best cough drops are
• 1:04:57
  Fisherman's friend. They're also some of the worst
• 1:05:00
  tasting cough drops but man, they work.
• 1:05:12
  All right, ladies and gentlemen, the jury come on in just sit
• 1:05:15
  wherever you want to be. You can use the whole jury box.
• 1:05:18
  You do not have to sit in the seats.
• 1:05:20
  You are in Monday. You can spread out, make
• 1:05:23
  yourself comfortable. It is flu season.
• 1:05:26
  So if you want to put a space between you and your neighboring
• 1:05:29
  Jura, that's perfectly. Okay?
• 1:05:30
  If you want to sit right next to each other that's okay too.
• 1:05:34
  I think every seat in this jury box, you can see the witness
• 1:05:37
  stand All right, everyone, please be seated, Mr. McDaniel,
• 1:05:47
  I fail to ask, you know, hang on, just a second, Mr. Mike
• 1:05:50
  Daniel, I fell to ask you in the Preliminary instruction, 2.1.
• 1:05:57
  There's a section to be given if the finite requests, a
• 1:06:00
  requesting that instruction, which is I'm sorry.
• 1:06:04
  What instructions? 2.1 is the standard instruction,
• 1:06:08
  and there's a section. I don't want to see a sidebar.
• 1:06:38
  You get an and there's another one at the end that you can
• 1:06:41
  request her. Let's make sure we got our
• 1:06:45
  jurors so we have Mrs. McGriff We have Miss Henderson the back.
• 1:06:51
  We have Miss Ross, we have Mr. Jackson in the back Miss Sprague
• 1:06:57
  is in the front and Miss Williams.
• 1:07:00
  And Miss Lopez Santana is in the back.
• 1:07:03
  All right, so does a site defense agree.
• 1:07:05
  This is a jury that was chosen to hear this case on Monday.
• 1:07:07
  Yes, Sir. And Madame Curt.
• 1:07:10
  Would you please swear the jurors?
• 1:07:12
  Here. are you sure we try and All right, ladies and gentlemen
• 1:07:29
  there's some mandatory instructions.
• 1:07:32
  I have to give every jury. And this is another one of those
• 1:07:35
  that we started yesterday. I think Monday, I gave you one.
• 1:07:37
  This is another mandatory instruction.
• 1:07:38
  Please, listen carefully to the instructions.
• 1:07:41
  I'm about to give you members of the jury.
• 1:07:42
  You have been selected and sworn to try the case in the State of
• 1:07:46
  Florida versus Jan Evelyn prevatt.
• 1:07:50
  Miss Pratt is charged with one count of discharging and firemen
• 1:07:53
  public count to improper exhibition of a dangerous weapon
• 1:07:56
  or firearm count three using a firearm one on the insulin while
• 1:08:01
  under the influence of an alcoholic beverage.
• 1:08:03
  The definition of these charges will be explained to you later.
• 1:08:06
  You must decide this case based upon the evidence presented and
• 1:08:10
  the law that I give you evidence consists of the sworn testimony
• 1:08:13
  of witnesses. Exhibits admitted into evidence
• 1:08:16
  and anything that I tell you to consider as evidence, the
• 1:08:19
  state's charging document which is called an information is not
• 1:08:22
  evidence and is not to be considered by you as evidence of
• 1:08:25
  guilt. It is my responsibility to
• 1:08:28
  explain the law to you. It is your Solomon
• 1:08:30
  responsibility to determine if the state proved this accusation
• 1:08:33
  Beyond A Reasonable Doubt against misprints with the law
• 1:08:37
  that I provide to you. Thus the province of the jury
• 1:08:40
  and the province of the Court are well-defined and they do not
• 1:08:42
  overlap. This is one of the fundamental
• 1:08:44
  principles of our system of justice before proceeding
• 1:08:47
  further. It will be helpful if you
• 1:08:48
  understand how a trial is conducted.
• 1:08:50
  At the beginning of the trial, the attorneys will have an
• 1:08:52
  opportunity if they wish to make an opening statement.
• 1:08:55
  The opening statement gives the attorneys a chance to tell you
• 1:08:58
  what evidence, they will believe will be presented during the
• 1:09:00
  trial. What the lawyers say is not
• 1:09:02
  evidence and you should not consider it as such Following
• 1:09:06
  the opening statements witnesses will be called to testify under
• 1:09:08
  low oath. They will be examining
• 1:09:10
  cross-examined by the attorneys and documents and other exhibits
• 1:09:13
  may be introduced as evidence. After the evidence have been
• 1:09:20
  presented, the attorneys will have an opportunity to make
• 1:09:22
  their closing arguments and falling, the closing arguments
• 1:09:24
  by the attorneys. I will then instruct you on the
• 1:09:27
  law of the case. After the final instructions are
• 1:09:32
  given, the alternate jur will be released and you will be, you
• 1:09:35
  will be, you will retire to consider your verdict.
• 1:09:37
  One of you is an alternate juror, we do not unfortunate
• 1:09:40
  law. We do not tell the jurors, which
• 1:09:42
  one is alternate, juror, and here is why there is the concern
• 1:09:45
  or the possibility that that juror May pay less attention
• 1:09:48
  because they're an alternate, but the fact is that the
• 1:09:52
  alternate become an a juror, go from alternate to a regular
• 1:09:56
  Quickly something happens, a medical event with the family
• 1:09:59
  member or someone of you, then all of a sudden that alternate
• 1:10:02
  juror is no longer an alternate, they're a juror.
• 1:10:04
  So we don't tell the owner that we can't tell the alternate who
• 1:10:07
  it is, but at the end of the trial, only six of you will go
• 1:10:10
  back in the Jury Room and deliberate, but I need all seven
• 1:10:13
  of you to play Closer attention because we don't know which six
• 1:10:15
  at this point, frankly. You should not form any definite
• 1:10:20
  or fixed opinion on the merits of the case, until you've heard
• 1:10:22
  all the evidence, the argument of the lawyers, and the
• 1:10:24
  instructions on the law that I give you, until that time, you
• 1:10:27
  should not discuss the case among your cells.
• 1:10:29
  Your verdict must be based solely on the evidence or lack
• 1:10:32
  of evidence and the law. Jurors must decide the case
• 1:10:35
  without distraction, and only on the evidence presented in the
• 1:10:38
  courtroom, jurors must not conduct any investigation on
• 1:10:41
  their own. This includes reading
• 1:10:43
  newspapers, watching television, or using a computer, a cell
• 1:10:46
  phone and internet electronic device.
• 1:10:48
  Or any other means that all to get information related to this
• 1:10:51
  case or the people in places involved.
• 1:10:53
  In this case, you may not visit places mentioned in this trial,
• 1:10:56
  or use the internet to look at Maps or pictures to see any
• 1:11:00
  place discussed in the trial. If you investigate, you
• 1:11:02
  research, you make inquires on your own.
• 1:11:04
  That I have no way to ensure that the information you obtain
• 1:11:08
  is proper. For the case, the party is
• 1:11:10
  likewise will have no opportunity to dispute or
• 1:11:13
  challenge to accuracy of what you find.
• 1:11:15
  That is contrary to our judicial system Which assures every part
• 1:11:19
  of the right to ask questions about and to challenge the
• 1:11:22
  evidence being considered against him or her.
• 1:11:24
  And to present argument with respect to that evidence and
• 1:11:27
  independent investigation by juror unfairly and improperly
• 1:11:31
  prevents the parties from having that opportunity which our
• 1:11:34
  Judicial System promises. You're also not permitted to
• 1:11:37
  communicate about this case with anyone including your spouse
• 1:11:39
  family members, friends, and neighbors or even your fellow
• 1:11:41
  jurors. No communication inclusion.
• 1:11:44
  No, in-person telephonic or electronic communication such as
• 1:11:47
  emailing, testing messaging, posting information on social
• 1:11:50
  media websites, or any other form of communication during the
• 1:11:54
  trial, we will take recesses. You will be permitted.
• 1:11:56
  Separating, go about your personal fairs, it's important
• 1:11:58
  to understand that during these recesses.
• 1:12:01
  The prohibition on communication about this case, still applies
• 1:12:03
  whether you in the courtroom or somewhere else.
• 1:12:05
  If at any time you find yourself in situation where others are
• 1:12:09
  discussing in your presence, leave that situation at once and
• 1:12:12
  immediately report the matter to the bailiff, who will advise me?
• 1:12:16
  Here we typically will take a mid-morning break around 10:30
• 1:12:22
  ish. We'll try to stop at the end of
• 1:12:24
  a witness if we can and not break a Witnesses testimony up
• 1:12:27
  by a break. Normally we'll take a lunch
• 1:12:30
  break, come back after launch. Take a minute after new brake at
• 1:12:33
  the cases, still going and then finish out the case.
• 1:12:35
  That's kind of normally how it works.
• 1:12:37
  If at any point you need to use the restroom.
• 1:12:40
  Raise your hand, let me know how the beta on myself, and when we
• 1:12:43
  get to a good stopping point, we'll take a break.
• 1:12:45
  Let's use the restroom. Is there coffee in there?
• 1:12:48
  I Clerk of Court, Mr. Rhodes has provided some coffee.
• 1:12:51
  I also got some, a few snacks, a couple of bottled, water Coke,
• 1:12:56
  Diet Coke, or I'll in the jury room for your breaks.
• 1:13:01
  All cell phones, computers. Tablets are other types of
• 1:13:04
  electronic devices must be turned off.
• 1:13:06
  While you're in the courtroom. Turned off means that the phone
• 1:13:08
  or other electronic devices actually off and not in a silent
• 1:13:11
  or vibrating mode. You may usually divide these
• 1:13:14
  devices during recesses, but even then, you may not use your
• 1:13:17
  cell phone or electronic device to find out.
• 1:13:18
  Any information about the case or communicate with anyone about
• 1:13:21
  the case or people involved in the case, do not take
• 1:13:24
  photographs video, recordings are audio recordings of these
• 1:13:27
  proceedings or of your fellow jurors after each recess please.
• 1:13:30
  Double check to make yourself. Make sure your cell phone is
• 1:13:32
  turned off at the end of the case, why you're liberating.
• 1:13:35
  You must not communicate with anyone outside of the jury room.
• 1:13:38
  You cannot have in the Jury Room any cell phones, computers or
• 1:13:41
  electronic device is. If someone needs to contact you
• 1:13:43
  an emergency, then we can receive messages and deliver
• 1:13:45
  them to you without delay. A contact number will be
• 1:13:49
  provided to you upon request. So you keep yourself on with you
• 1:13:52
  throughout the trial. It's just got to be all you have
• 1:13:55
  it during recesses, you have it during breaks when deliberations
• 1:13:58
  begin. When you've heard all the
• 1:14:00
  testimony and I've given you The law.
• 1:14:04
  When you begin your Liberation, you leave your cell phone in
• 1:14:07
  your chair. You cannot take yourself on with
• 1:14:08
  you in the Jury Room at all. It stays out.
• 1:14:10
  Here is assigned to watch the courtrooms so that your stuff
• 1:14:14
  won't be missed with, but you will be allowed to have your
• 1:14:16
  cell phone with you until deliberations begin at that
• 1:14:18
  point. The law doesn't allow you to
• 1:14:19
  have it with you. It's in the courtroom or in your
• 1:14:21
  vehicle if you choose. Any juror, who violates these
• 1:14:25
  restrictions jeopardizes, the fairness of these proceedings
• 1:14:27
  and a mistrial, could result that would require the entire
• 1:14:30
  trial process to start over a mistrial, is a tremendous
• 1:14:32
  expense and inconvenience to the parties, the court and the
• 1:14:35
  taxpayers. If you violate these rules, you
• 1:14:37
  may be held in contempt of court and face sanctions such as
• 1:14:40
  serving time in jail, paying a fine Or both the attorneys are
• 1:14:45
  training, Rules of Evidence in trial procedure.
• 1:14:47
  It is their duty to make all objections.
• 1:14:49
  They feel their proper when an objection is made.
• 1:14:51
  You should not speculate on the reason why it is made and
• 1:14:54
  likewise, when an objection is sustained or upheld by me, you
• 1:14:57
  must not speculate on what might have occurred had the objection
• 1:15:00
  not been sustained. Nor on what I'm witnessed might
• 1:15:04
  have said, had the witness been allowed to answer getting the
• 1:15:08
  trial, that may be necessary to confirm with the attorneys out
• 1:15:10
  of your hearing to discuss matters that require
• 1:15:12
  consideration by me alone. It's impossible to predict when
• 1:15:15
  such a conference may be required or how long it will
• 1:15:18
  last but was since when such conferences occur they will be
• 1:15:21
  conducted to consume as little of your time as necessary for a
• 1:15:24
  fair and orderly trial. In this case you saw me do that
• 1:15:26
  Monday. I'm at over here with a jerk
• 1:15:29
  with attorneys at the sidebar, Miss Williams cuts on some white
• 1:15:32
  noise. Just to make sure that what they
• 1:15:33
  say is on the record on the microphone over here, but not so
• 1:15:37
  the jurors can hear if that happens will do it over here if
• 1:15:39
  it's going to be a lengthy conversation.
• 1:15:41
  If it's something that's complicated, we're probably
• 1:15:43
  going to Should have a signature room and then we'll do it in
• 1:15:45
  here while you're seated in there.
• 1:15:46
  A little more comfortable. So if it's short, we're gonna do
• 1:15:49
  it over here. If I think it may be more
• 1:15:50
  lengthy, we'll ask you to have a seat in the Jury Room.
• 1:15:52
  If you would like to take notes during the trial, you may do so
• 1:15:56
  on the other hand, of course, you are not required to take
• 1:15:58
  notes. If you do not want to, they will
• 1:16:00
  be left up to you individually. You've been provided with a
• 1:16:03
  notepad and a pen. For each of you that wish to
• 1:16:06
  take notes, they won't have a notepad and pen if you wish Any
• 1:16:09
  notes that you take will be for your personal use.
• 1:16:11
  However, you should not take them with you from the
• 1:16:13
  courtroom. So during recess is you're not
• 1:16:15
  just saying your chair and they'll be here when you get
• 1:16:17
  back, no one reach them during recess.
• 1:16:19
  Is the bailiff will take possession of your notes and
• 1:16:21
  return them to you. When we reconvene after you've
• 1:16:24
  completed your Liberation, the beta will deliver your notes to
• 1:16:26
  me. They will be destroyed.
• 1:16:28
  No one will ever read your notes.
• 1:16:29
  So the way we do it here is you take your notes, you take them
• 1:16:34
  with you doing to deliver if you wish and then afterwards, I will
• 1:16:39
  personally take your notes. I will personally take them down
• 1:16:42
  stairs to the shredder and I will personally shred them.
• 1:16:44
  I do not read them. No one reads them.
• 1:16:46
  I shred them, my sale. That way the law is protected.
• 1:16:50
  We know that you're notes, are your notes.
• 1:16:51
  So though, they're with you during The Liberation
• 1:16:53
  afterwards, no one sees them, no one reads them.
• 1:16:55
  I don't even read them. Um if you take notes do not get
• 1:17:00
  so involved in note-taking that you become distracted from the
• 1:17:02
  proceedings, your notes should be used only as aids to your
• 1:17:06
  memory whether or not you take notes you should rely on your
• 1:17:09
  memory of the evidence and you should not be unduly influenced
• 1:17:12
  by the notes of other jurors notes are not entitled to any
• 1:17:16
  greater weight than each jurors memory of the evidence, Mr.
• 1:17:20
  Mitchell any objection to those opening.
• 1:17:22
  Instructions asking to the missing thing.
• 1:17:24
  No, your honor Mr. McDaniel and Mr. Mitchell die of you.
• 1:17:29
  Requested the podium for opening statement.
• 1:17:30
  Not for the opening statement. Mr. McDaniel.
• 1:17:32
  You want it for yours Mr. Mitchell, whenever you're ready
• 1:17:34
  sir, thank you. Morning, everyone.
• 1:17:43
  So let me think about November 18th 2025, Ashley Nichols who
• 1:17:49
  you will see in here from today, she is going to pick up her wife
• 1:17:55
  Alexa's nickels. You may also hear her referred
• 1:17:58
  to as desert, right? But she's going to pick her up
• 1:18:01
  from work late at night. It's about 10:30.
• 1:18:04
  They don't have any plans, so she just picks her up and they
• 1:18:08
  go back home. Home to them is a shared
• 1:18:13
  property with the jam provides. They're living situation at the
• 1:18:18
  time. Was this program had a piece of
• 1:18:21
  property and she had a house on it and about 100 yards behind
• 1:18:25
  her house, maybe a little over. That was a trailer that the
• 1:18:30
  Nickels is lived in along with their three children.
• 1:18:33
  One of those children you'll hear from today also and I'll
• 1:18:37
  tell you more about him later on but, The only way that they can
• 1:18:42
  access their house is through this driveway, it's a shared
• 1:18:47
  driveway, and it's the only way in is only way out to get to
• 1:18:52
  their house. Get on that driveway a little
• 1:18:54
  bit later on and nonetheless, Ashley is driving Alexis home
• 1:18:59
  and they're taking this driveway.
• 1:19:01
  Like I said, it's a shared driveway and they're having to
• 1:19:05
  pass by in this house and they're having to pass by the
• 1:19:09
  house at a slow rate of speed. Why I anticipate that Ashley
• 1:19:15
  alexiss and that you will hear from today will tell you that
• 1:19:20
  this is That this is not a very well kept Road.
• 1:19:24
  There's divots, there's potholes in it.
• 1:19:26
  I've anticipate Deputy, Swift is even going to say that it's a
• 1:19:31
  road, you can't Traverse at a high rate of speed.
• 1:19:34
  So they're having to take their time driving down this road to
• 1:19:38
  get to their house. And as they're driving by Ms.
• 1:19:42
  Prevattes house. Ashley.
• 1:19:43
  And Alexis both see has prevent outside on her front porch next
• 1:19:48
  to another vehicle. That's not Mr. Matt's but it
• 1:19:52
  belongs to someone that they recognize and I believe they'll
• 1:19:56
  say that they just saw Miss Pratt standing out from this
• 1:20:00
  kind of posturing and just kind of staring at them as they
• 1:20:05
  rolled back. they'll say anything, they just keep driving
• 1:20:08
  and keep driving slowly by but at some point Alexis and Ashley
• 1:20:15
  both here, Ms, per bag yells on They can't tell what she's
• 1:20:21
  yelling to them. It's unintelligible.
• 1:20:23
  So Ashley asks us to roll the passenger window down.
• 1:20:29
  She does and Ashley says to miss, you want to talk He
• 1:20:37
  continues on never gets out of the vehicle. and it's about, A
• 1:20:43
  little bit more of a distance down the road when they look
• 1:20:46
  back and they now see that Miss pravat has come from the front
• 1:20:51
  porch made a circle around her yard and is now standing on the
• 1:20:54
  back. They could tell it first thing
• 1:20:56
  about that because she's still standing that possibility and
• 1:21:03
  they know it's her, they can't see your face but they can tell
• 1:21:08
  it's hurt Baseline stance. They can only see the silhouette
• 1:21:11
  because that back porch is very dark.
• 1:21:15
  And still elaborate more on what happens in the next few seconds
• 1:21:19
  but just skip forward. What happens in the next few
• 1:21:22
  seconds is as Ashley and Alexis are continuing on down this
• 1:21:28
  road. They hear gunshots get fired off
• 1:21:31
  in the air. I anticipate they'll say, maybe
• 1:21:33
  about three of them, two in Rapid succession, slight, pause
• 1:21:37
  and then another shotgun fired off.
• 1:21:40
  Ashley will testify that she only heard the gunshots, but
• 1:21:44
  Alexis will testify that she not only heard gunshots.
• 1:21:48
  She could actually see the muzzle flash coming from that
• 1:21:53
  porch, reminders, or remember. She's sitting in the pastures.
• 1:21:58
  So she has a better view of this for VAT on that side.
• 1:22:02
  And at this point they're terrified, they're scared.
• 1:22:07
  They hear shots going off, They're not only scared to
• 1:22:10
  themselves. They're scared for their
• 1:22:12
  children. They're scared for their three
• 1:22:14
  children that are currently in their house behind where these
• 1:22:17
  shots are off. One of those children, you'll
• 1:22:20
  actually hear from Jacoby Highsmith.
• 1:22:24
  He's the oldest of their three children.
• 1:22:26
  He's 14, and at the time of the shots and fired off, he was
• 1:22:33
  actually walking out on the porch, where his weight on his
• 1:22:37
  mom's to come in, he will testify or anticipate, he will
• 1:22:41
  say that, Her shots and he also saw the muscle.
• 1:22:47
  His parents. He scared, he's scared and being
• 1:22:52
  a good older brother that he is. Yeah.
• 1:22:54
  Actually goes back inside tells his other two siblings, get
• 1:22:58
  down, take cover. Ashley and Alexis do the same
• 1:23:01
  thing. And after a little while when
• 1:23:04
  the shots had stopped or there's like a piece of white, They all
• 1:23:09
  three programs. And that's where you'll be
• 1:23:12
  introduced to the two deputies, that sort of took over this
• 1:23:18
  investigation that we ran over and Deputy Michael Smith. now
• 1:23:23
  definitely Michael Swift or debut, he's the one that sort of
• 1:23:29
  runs this investigation at the time he was an fto or a field
• 1:23:34
  training officer and he was working with Debbie Grover so,
• 1:23:40
  They respond to a call, they get a complaint of shots fired in
• 1:23:44
  the area. now I'm sure you can assume that any time, a law
• 1:23:48
  enforcement officer here is about shots fired in the area,
• 1:23:50
  they're going to be on high alert so they make their way to
• 1:23:56
  Park Street in Grand Ridge, Florida, where this call was
• 1:24:00
  coming out where these shots allegedly came from, and they go
• 1:24:04
  to the front door of Mrs. Residents.
• 1:24:06
  And then they make contact when Mr. Bats.
• 1:24:10
  And when I anticipate you'll hear from Deputy Swift.
• 1:24:13
  Is that just on making her contacts?
• 1:24:17
  With Mrs for back. He was just hit in the face with
• 1:24:22
  this strong Aroma the strong odor of alcohol coming from this
• 1:24:27
  prevattes breath. Now Deputy Swift, he's been with
• 1:24:32
  the sheriff's office for a short time, but he's been with other
• 1:24:35
  law enforcement. and in his time with other law enforcement
• 1:24:39
  agencies, he's had a lot of training and experience when it
• 1:24:43
  comes to investigating DUI cases, And I say that because he
• 1:24:49
  has this training to examine it or observe signs of a carrier.
• 1:24:56
  And I anticipate that He will tell you.
• 1:25:00
  He observed a lot of these signs or indicators.
• 1:25:05
  Some of these indicators include your role of bread.
• 1:25:09
  Red watery eyes and slurs speech.
• 1:25:16
  And during the investigation, he will actually tell you that he
• 1:25:20
  observed a clear empty wine bottle just laying out in the
• 1:25:24
  front yard or somewhere around the campus.
• 1:25:29
  But nonetheless, they have an investigation in Dallas so that
• 1:25:34
  be swift reads. Mr. Back from Miranda Rights.
• 1:25:39
  And after seeing her after he reads her the Miranda Rights,
• 1:25:43
  she agrees to speak with him. and, Almost immediately.
• 1:25:48
  Swipe asked what happened? She says are good. she says that
• 1:25:54
  and she says a lot more things post Moran, but and you will
• 1:26:00
  actually see and hear these programs on Deputy Swiss body
• 1:26:04
  cam, but the summary of it all is that Be in this to fire in a
• 1:26:11
  weapon in the air. She admits to fire it from her
• 1:26:15
  back. and she can't give that he shot and whether or not she
• 1:26:24
  Reloaded The Revolver that was That's what she gets.
• 1:26:29
  That's what Deputy Swift gets from Mr. Bat post Miranda.
• 1:26:34
  He then goes to speak to the witness.
• 1:26:37
  That was also there at the time Christy Joe bastard.
• 1:26:41
  Now I won't tell you what Christian Joe bastard said that
• 1:26:44
  we swim. But what I will tell you is that
• 1:26:47
  Ms, Bass for sort of gives Deputy Swift a Wall Street of
• 1:26:51
  the area. He takes her or she takes him to
• 1:26:56
  the back porch and he discovers that his back porch.
• 1:26:59
  Where remember this prevent admitted to firing the weapon
• 1:27:04
  from is dark the lights busted? It's not working. and, he comes
• 1:27:11
  to the conclusion or he, he finds out that the light is not
• 1:27:17
  working from that back porch, where she shot the weapon in the
• 1:27:21
  blinding Darkness, he gets the statement from Ms bassford and
• 1:27:26
  then he makes his way to Ashley and Alexis Nicholas makes their
• 1:27:30
  way to the property on the back and that's where he sees
• 1:27:36
  firsthand and experience this first-hand the condition of this
• 1:27:39
  road, this is already talked about he will tell you this way
• 1:27:48
  to just For back. He makes his way to miss his
• 1:27:53
  residence, get a statement from her and after he gets the
• 1:27:58
  statement from her, that is the investigation.
• 1:28:02
  And he was investigation. He places his apartment firearm
• 1:28:08
  on multiple exhibition of a firearm and using a firearm
• 1:28:12
  while under the influence of alcohol.
• 1:28:14
  And it's because of that which is why we are here.
• 1:28:18
  It smells and gentlemen. I want to emphasize everything
• 1:28:22
  that you just heard from me. Like the judge said, is not
• 1:28:25
  evidence, but what it is is a preview of the evidence that you
• 1:28:30
  will see and hear today, you're going to hear a lot of
• 1:28:33
  testimony. You're gonna see videos that may
• 1:28:39
  help you out in determining. Whether or not, the state is
• 1:28:42
  really space beyond A Reasonable Doubt. but it is our belief that
• 1:28:48
  after you all the evidence after you hear and all the testimony
• 1:28:53
  and all the evidence today that the state has proven Beyond a
• 1:28:59
  reasonable doubts and I know member 18th 2025 Jam for that.
• 1:29:06
  Discharged a firearm on residential property unlawfully
• 1:29:10
  exhibited, a firearm in the presence of another and used a
• 1:29:14
  firearm while under the influence of alcohol and after
• 1:29:17
  you have seen all the facts and seeing that the case has proven
• 1:29:20
  its case Beyond a reasonable doubt.
• 1:29:23
  You were returning guilty charge on all.
• 1:29:27
  Thank you. Thank you Mr. Mitchell Mr.
• 1:29:30
  McDaniel. He was.
• 1:29:46
  so, Most of the facts are in agreement.
• 1:29:51
  Not all of them. A lot of them are starting off
• 1:29:58
  with the story, you know? as I think, I told Joe before I
• 1:30:03
  want to raise ticker, Grew up on in a farming area in the form,
• 1:30:07
  their whole family farms. I remember a time when I was
• 1:30:12
  young buck 14 or so, working into watermelon fields and my
• 1:30:17
  uncle and my dad, some other family members and We had some
• 1:30:22
  help there. Also always, and remember old
• 1:30:24
  man, Mr. Chapman and him. He'll pay that dollars an hour.
• 1:30:33
  I was getting paid two dollars. I was kind of upset with you.
• 1:30:39
  I'm gonna are working getting two dollars an hour and he's
• 1:30:41
  working getting five dollars now.
• 1:30:42
  We had a few disagreements and it probably mainly about money.
• 1:30:46
  I suspect I was making some money and I remember I thought I
• 1:30:54
  was bright enough. I was gonna get to fight with
• 1:30:56
  your man, he's probably just get these, you know, good fellow
• 1:30:59
  good man. You know, you know you work with
• 1:31:02
  people. You get upset with people.
• 1:31:03
  Sometimes fishing close contact. My uncle pulled me aside.
• 1:31:09
  He's a boy. Thank you with that old man.
• 1:31:13
  You're on her. I'm gonna reject stick to the
• 1:31:16
  facts of the case. That's something to do that.
• 1:31:18
  You approach, please. Okay friends, let's take this
• 1:31:40
  first sidebar to remind you that we have sidebars tonight here on
• 1:31:44
  TCF 8, p.m. Eastern 5 p.m.
• 1:31:46
  Pacific. It's actually going to be
• 1:31:47
  inspired by the judge, Stevens case that we saw yesterday with
• 1:31:53
  the guy who had five DWIs. So What?
• 1:32:01
  Thank you. You may be able to look at.
• 1:32:05
  And take an old man like that, they're not gonna bite you, he's
• 1:32:08
  gonna kill you. We all know that old proverb is
• 1:32:12
  basically, this is basically says that never pick a fight
• 1:32:16
  with an old man. He's too old to fight.
• 1:32:19
  He'll just kill you. and we got a, Younger female.
• 1:32:27
  Who the states? Is painting as a.
• 1:32:30
  He said she was yelling out if you want to talk.
• 1:32:34
  We can talk. I think you're gonna hear a lot
• 1:32:37
  of evidence today that say that she's not someone.
• 1:32:39
  That just says, if we can talk, if you want to talk, we can
• 1:32:43
  talk. I don't need.
• 1:32:44
  No, she knows that lane. Skipped over the mindset of the
• 1:32:51
  defendant is in plated, she's in fear for her life from this
• 1:32:54
  lady. Again, I think I've bring this
• 1:32:58
  up probably shouldn't contract with family members.
• 1:33:01
  You know, she's a writer on her property in the back part of her
• 1:33:06
  property just to give you a picture of the property.
• 1:33:11
  You'll have an idea of it. I'm going to need prosecute PC
• 1:33:18
  one. Know, are you?
• 1:33:32
  So this is the property. We describing here.
• 1:33:35
  Talking about everything. The house to your left is where
• 1:33:39
  she lives in house to the rights.
• 1:33:42
  But 300, somewhere in there you might have the right ways.
• 1:33:47
  This is older pictures and closed.
• 1:33:49
  All you have to go around right? And go around this little more
• 1:33:53
  area of pond area over here. On the other way.
• 1:33:58
  Now, this word say, So I just want to let you all see that
• 1:34:03
  you'll probably see it some more later on just kind of give you
• 1:34:05
  an idea of what the property is. Are there's no doubt she shot
• 1:34:08
  the weapon, she shot with, and she's in fear for her life from
• 1:34:11
  this lady. They skipped over and they
• 1:34:13
  didn't want to talk about the acts that happened prior to this
• 1:34:16
  to come to this, come to this. Can we approach?
• 1:34:21
  Yes. Well, the most interesting thing
• 1:34:29
  for this, so far for me anyways is the fact that this is now our
• 1:34:33
  second sidebar and we're not even through opening statements
• 1:34:37
  yet. So this should be a hoot.
• 1:34:41
  But that's okay. It'll be fun.
• 1:34:42
  I'm looking forward to spending some time here because, again, I
• 1:34:44
  can't recall the last time if ever I've been paging through
• 1:34:48
  and seeing an actual trial with judge, Mercer.
• 1:34:51
  Usually it's just, you know, first appearances and traffic
• 1:34:55
  kind of stuff, so we'll see. But again, we'll hang with this
• 1:35:00
  for as long as we can today. And if it carries past how long
• 1:35:04
  I'm able to broadcast to you, it is recording.
• 1:35:06
  So we'll just pick it up tomorrow.
• 1:35:08
  But it will be fun. All right, let's hang here.
• 1:35:13
  And wait if I've got stuff queued up.
• 1:35:17
  So when we have the longer poses, recesses and stuff will
• 1:35:20
  have something to watch there too.
• 1:35:40
  Daniel's Nina says the defense seems to be trying the case in
• 1:35:43
  the opening statements. That does seem to be the case,
• 1:35:45
  doesn't it? I can't even recall in like, And
• 1:35:53
  like judge Boyd's Court where I've seen more than a single
• 1:35:57
  Interruption during opening statements.
• 1:36:00
  Interesting, we'll see where this goes.
• 1:36:03
  I'm gonna go back to the day in question, the 18th.
• 1:36:07
  You're going to hear Witnesses is gonna say that she's not this
• 1:36:10
  peaceful person. You don't hear witnesses to say.
• 1:36:17
  Well, I'm gonna leave it at that.
• 1:36:17
  She's not this peaceful person. I think it's going to become
• 1:36:21
  clear to you later on and just so be cautious of what you hear,
• 1:36:24
  listen to him carefully, and Wait for some of the stuff
• 1:36:29
  that's going to come through here. so, Stakes says she comes
• 1:36:38
  into the driveway. first of all, Same down this entity that was
• 1:36:45
  an altercation. I guess maybe a words were
• 1:36:48
  spoken between twisty. Joe.
• 1:36:51
  Who's there at the property and Ashley?
• 1:36:54
  and the dollar store right before this happened, Christie
• 1:36:58
  Joe, come over there to see this prevents Right after she left
• 1:37:03
  the dollar store, after this little entity.
• 1:37:04
  And Krista Jones standing on the front porch.
• 1:37:08
  And they come into the driveway while she's on the front porch.
• 1:37:12
  and starts hollering and screaming, you know, basically,
• 1:37:15
  I'm going to kill you ditch and y'all or this and that and
• 1:37:19
  Vulgar words, vulgar words, something that's pretty common.
• 1:37:23
  If you want to talk, we can talk.
• 1:37:25
  I just I love the sound that but that's what she was screaming.
• 1:37:28
  That's what she speaking out of window.
• 1:37:30
  If we can tell, we can talk. She was screaming out words
• 1:37:35
  vocal language. Chris Christie, Joe Walsh inside
• 1:37:39
  and tells Her about it. And Then she walks up to the
• 1:37:51
  back. Then when she's in the back, the
• 1:37:53
  car stops goes forward. Stops the door opens up the
• 1:37:58
  lights. Come on, inside the vehicle, you
• 1:37:59
  can clearly see the lights come on the vehicle when the door
• 1:38:01
  opens. Her wife, Ashley's wife, is then
• 1:38:05
  screaming. Get back in the car.
• 1:38:07
  Get back in the car. Don't do anything.
• 1:38:09
  Get back in the car. She didn't goes into the house
• 1:38:14
  and gets her gun. I think it's pretty reasonable.
• 1:38:19
  Scared the death of this lady. That lady that I will say, has
• 1:38:23
  lived her whole life, like a lot of people Jackson can't even
• 1:38:25
  don't work, which will come out later.
• 1:38:28
  She goes inside and she gets her guns and she comes back out.
• 1:38:31
  They're still out there screaming.
• 1:38:32
  They start to drive off. Yes, she shoots her weapon up in
• 1:38:34
  the air straight up and says don't come on my property back
• 1:38:37
  over here on my property. She's also been trying to get
• 1:38:39
  her to get out of the house quite a while because she won't
• 1:38:42
  pay rent. which is like you don't contract with family as
• 1:38:45
  multiple things going on here, but ultimately actually, she
• 1:38:51
  wants to push everyone around do everything and you're gonna find
• 1:38:54
  out that basically she calls the police a lot.
• 1:38:59
  She very familiar with the police.
• 1:39:01
  She's very familiar with the justice system.
• 1:39:02
  She tries to get a hold of it first.
• 1:39:06
  She tries to call them first. Because she knows that she can
• 1:39:10
  get the sympathy of the police when she calls him.
• 1:39:13
  So, why in the world you question my mind?
• 1:39:15
  Why would three people in the same household 911?
• 1:39:19
  I believe he said that I was like shocked by.
• 1:39:22
  So so three people in the same household call 911 because
• 1:39:26
  they're so scared. over you see is, you know, they say in the
• 1:39:31
  household, as you know, 350 feet away, that's football field and
• 1:39:35
  quarter away I understand it. Gunshot goes off at night.
• 1:39:38
  I'm not gonna just totally discount.
• 1:39:40
  That is nothing. It is something I was about
• 1:39:43
  10:00. I think it is something.
• 1:39:47
  But all three of them calling 911.
• 1:39:49
  That's seems like you're trying to gain advantage or something
• 1:39:51
  with the police and the, you know, there, sometimes whoever
• 1:39:55
  calls police enough. Some times I hate to say it is
• 1:39:57
  role that I mean gets the most preferential treatment because
• 1:40:01
  they just want to shut people up.
• 1:40:02
  You know. They want to not get calls have
• 1:40:04
  to go out there sometimes so you got someone who's calling the
• 1:40:08
  police. She's driving down through
• 1:40:10
  there, making threats, against her against her, life to kill
• 1:40:13
  her. You're going to hear some
• 1:40:15
  evidence, they about that. And she is scared to death after
• 1:40:19
  she shoots her. First reaction is take the gun
• 1:40:22
  back inside. And lock her doors.
• 1:40:27
  It asks Christian Joe, who was there?
• 1:40:28
  Helped me a lot of the windows because she's scared to death of
• 1:40:31
  a woman. There is a history.
• 1:40:37
  Of Ashley scaring me. She has a propensity for
• 1:40:40
  balance. and we hope to bring that out in this trial,
• 1:40:57
  And I just asked y'all to listen to the evidence carefully.
• 1:41:01
  Evaluate, the people remember that?
• 1:41:05
  Remember that Jansen older lady? They're going to say look at
• 1:41:08
  these discrepancies. When you see someone who has a
• 1:41:13
  story completely straight. Know, everyone says the same
• 1:41:15
  thing. Questionable.
• 1:41:17
  Why, how can the world? Because everyone sees things
• 1:41:19
  differently? Everyone sees things differently
• 1:41:22
  if you see something, see somebody with a green shirt.
• 1:41:24
  Someone next to you? Say it's a blue shirt.
• 1:41:26
  Everybody see things differently?
• 1:41:28
  When everything comes out and it's like everyone has the same
• 1:41:30
  story. You gotta ask yourself, how do
• 1:41:33
  you want to see the same thing? Listen to the testimony, careful
• 1:41:38
  listen for some industry. Some issues that may become And
• 1:41:46
  her state of mind is a play here.
• 1:41:48
  On top of that. They talk about her drinking
• 1:41:50
  alcohol it's not a Regal to drink alcohol and handle gun.
• 1:41:53
  That is Police in the state, try to make that to be an issue,
• 1:41:56
  your normal faculties have to be impaired.
• 1:41:59
  Just drinking alcohol is not no issue.
• 1:42:01
  If you're drunk falling down, you probably shouldn't be
• 1:42:03
  holding a gun. She's safely held a gun when
• 1:42:05
  it's straight up shot. One of the straight down the
• 1:42:08
  states. He's going to say she went
• 1:42:09
  inside, don't really recall it because she's so stress level.
• 1:42:12
  So, high Reloaded The Gun, you know, took the bullets out or I
• 1:42:15
  don't know, she reloaded or took the bullets out, and as she's
• 1:42:18
  talking to, please, she don't recall.
• 1:42:19
  She's like going there and check, you know, it's in there,
• 1:42:21
  you know, I don't know. I don't cheat Facebook stressed
• 1:42:24
  out. She has a lot of medical issues
• 1:42:25
  at her age. They contribute to that, she
• 1:42:30
  only ask her anything about medical.
• 1:42:31
  She's just stroke. She's had.
• 1:42:34
  She's got heart, failure, congestive heart failures.
• 1:42:37
  She's got a few relationship, she's called her heart rapidly
• 1:42:40
  rapidly and you can kind of see that in her that knife because
• 1:42:44
  she's very excited. Very, very everything's You
• 1:42:48
  know, basically setting her off. You know me or horses jumping
• 1:42:50
  like crazy. She's not thinking straight and
• 1:42:53
  the state's gonna try to make an issue to say that?
• 1:42:55
  Oh look she said, this. And this right here is really
• 1:42:58
  one of these. That's someone, that's, that's
• 1:43:00
  criminals that someone that's just making a, that's in a
• 1:43:02
  exciting situation. And it's not thinking, clearly,
• 1:43:05
  this is going to come down to You know, basically.
• 1:43:13
  Alexis. Doing whatever she can to
• 1:43:18
  aggravate and drive this lady crazy to try to kill her.
• 1:43:21
  Which she explicitly says over and over.
• 1:43:25
  And hope that evidence comes out and you'll hear about that.
• 1:43:27
  Just listen to the case carefully and I appreciate y'all
• 1:43:31
  being here today and I look forward to getting started.
• 1:43:33
  Thank you Mr. McDaniel Mr. Mitchell your first witness.
• 1:43:37
  Yes. Your owner state will call
• 1:43:38
  Ashley Nichols to stand. Do you need that?
• 1:44:06
  That's my dad. You stick with you right there.
• 1:44:09
  You not want this microphone on table for some reason.
• 1:44:12
  I just if you object it's not gonna be on the record so you
• 1:44:19
  want to come up here every time you have something to say or not
• 1:44:21
  have you on on record Oh good. Turn the mic towards him in a
• 1:44:27
  second. There's already one on the jury.
• 1:44:30
  Put on the corner of the table away from now or something, you
• 1:44:33
  can just pull it to you if you need it.
• 1:44:35
  Okay, so miss Nichols. I'm gonna ask Deputy Miss
• 1:44:39
  Williams, a place you under oath and then we'll get you to have a
• 1:44:41
  seat. So miss Nichols going around.
• 1:44:51
  Have a seat in the witness chair.
• 1:44:52
  Please. Just make yourself comfortable,
• 1:44:57
  Miss Nichols. And Mr. Mitchell's gonna ask you
• 1:45:04
  some questions. First Mr. Mitchell thank you.
• 1:45:07
  More named Ashley Nichols and Miss Nichols.
• 1:45:12
  What city, do you currently reside in Mariana?
• 1:45:15
  Is that where you lived on November 18th?
• 1:45:18
  2025? No, sir.
• 1:45:19
  Where did you live on that day at 6934 Berkshire and that
• 1:45:25
  address is in Jackson County, Florida.
• 1:45:26
  Correct sir. so, Tell me what you were doing on, November,
• 1:45:33
  18th, 2025. I had drove down to the Dollar
• 1:45:38
  General in Greenwich to pick up my wife for work.
• 1:45:40
  She was closing the store that night about what time did you
• 1:45:43
  get there? Um, around a quarter after 10,
• 1:45:47
  probably. And when you picked her up, did
• 1:45:52
  you all have any plans set that up that night?
• 1:45:54
  No, we're going back home to the kids said, you have kids, how
• 1:45:59
  many do you have three? Can you tell us how old each of
• 1:46:03
  them are 713 and 14? and, Your house.
• 1:46:11
  Where Well, let me ask you this. What's the living situation?
• 1:46:16
  Like at your address? Currently?
• 1:46:19
  No, on November 18th. I apologize.
• 1:46:22
  Okay. The living situation.
• 1:46:24
  It was pretty rough. And why would you say it was
• 1:46:30
  pretty rough? We were living without heating
• 1:46:33
  or Cooling and very limited Plumbing.
• 1:46:35
  Were you renting at the time? Yes.
• 1:46:38
  Who are you paying rent to Sam for that?
• 1:46:41
  And who is Jam prove that to you?
• 1:46:44
  My mom's cousin. Okay, so family member, yes,
• 1:46:47
  sir. And Where you living on our
• 1:46:51
  property. Yes, sir.
• 1:46:53
  It's part of the acreage there. and, Where is where was your?
• 1:47:00
  House in relation to her house was an in front and behind it
• 1:47:05
  was off in the back close to the tree line.
• 1:47:08
  And how would you get to your house, a circle around the left
• 1:47:12
  side of her house and then couldn't to the back right
• 1:47:15
  corner of her house to go. Back to the bar property.
• 1:47:17
  Do you only have one way in and one way out?
• 1:47:20
  Yes, sir. So it's a mutual driveway.
• 1:47:24
  Yes, sir, how would you describe that?
• 1:47:27
  Mutual driveway, very rough and maintained, it's just really
• 1:47:31
  bumpy. There's holes everywhere in
• 1:47:33
  puddles everywhere, right? So it's uncapped, yes, sir.
• 1:47:37
  All right and When you were coming home?
• 1:47:41
  Did you have to take that driveway to get to your house?
• 1:47:45
  Yes, sir. And I think you mentioned this,
• 1:47:49
  do you have to pass by Jam perverts house to get to yours?
• 1:47:53
  Yes, or the pavement and directly in front of her house.
• 1:47:57
  So on November 18th, when you were going down that driveway
• 1:48:01
  passing by her house, what did You observe?
• 1:48:06
  Her standing in the doorway as like a bully stance because I've
• 1:48:11
  known my whole life so I know that's how when she gets upset.
• 1:48:15
  Now, that could mean a lot for the jury, but and you can stand
• 1:48:20
  up. If you want to, when you say
• 1:48:21
  bully stance, what do you When it comes out.
• 1:48:27
  She don't. So kind of she's posturing that
• 1:48:31
  that's how I would interpret them and she just staring at
• 1:48:36
  you. Yes, sir.
• 1:48:38
  Was there anybody else there at that time?
• 1:48:40
  Yes, sir. Um, how did you know that?
• 1:48:44
  Because the vehicle was out front and her door was open.
• 1:48:49
  Did you recognize the vehicle? Yes, sir.
• 1:48:51
  Did you recognize who it belonged to?
• 1:48:53
  Yes, sir. And who was that Christy
• 1:48:56
  bassford? So, you're driving by her house.
• 1:49:02
  Are you saying anything to miss prevent no sir.
• 1:49:07
  My windows were up and you said, That your wife was with you in
• 1:49:12
  the car correct? Yes sir.
• 1:49:13
  Well she's saying anything? No sir.
• 1:49:16
  It was misper that saying anything.
• 1:49:19
  I wasn't really listening because I had the windows up.
• 1:49:22
  I was trying to get home, okay? What happened after you passed
• 1:49:28
  by? Her house.
• 1:49:33
  She followed me around her house and continued to step to each
• 1:49:37
  doorway. Doing that stance.
• 1:49:38
  You say that each doorway. How many doorways did she go to
• 1:49:41
  three? What doorways were they?
• 1:49:46
  I think you already said the front porch.
• 1:49:48
  The first was the front porch and as I moved around the house,
• 1:49:51
  there was a carport door on the side there.
• 1:49:54
  And then when I moved around the back, there was a back door
• 1:49:57
  which she finally stopped. That was the back door.
• 1:50:01
  And you're still continuing down this driveway at this point at
• 1:50:06
  this moment. Yes.
• 1:50:10
  What happened? When she made her way to the
• 1:50:12
  back porch? We were cutting across, and at
• 1:50:16
  that point, I cracked my windows.
• 1:50:17
  So she couldn't tell they were down on us pretty dark and she
• 1:50:21
  was yelling, Could you tell what she was yelling?
• 1:50:23
  No. Sir.
• 1:50:25
  What did you say in response? I responded.
• 1:50:28
  Hey, if you want to talk we can talk.
• 1:50:30
  And that's all you said yes, sir.
• 1:50:33
  What happened after you said that?
• 1:50:34
  She yelled something and the door closed.
• 1:50:37
  Then when you say the door closed, I assume you mean the
• 1:50:40
  back porch door. And what happened after it
• 1:50:45
  closed? A few seconds.
• 1:50:46
  Had passed and the doors. Swung open and shots started
• 1:50:49
  firing. So you heard shots fired.
• 1:50:52
  Do you recall? How many I heard three.
• 1:50:55
  Okay, and were they in quick succession?
• 1:50:59
  First two were pretty pow pow. He's second or third.
• 1:51:04
  One was slightly delayed from the second one.
• 1:51:07
  And at this moment, how did you feel after hearing those shots?
• 1:51:11
  Pretty scared and Disturbed. What'd you do after the shots?
• 1:51:19
  Took off after the third shot at finally come to a stop.
• 1:51:23
  I took off across the field and try to get on home.
• 1:51:25
  Okay so you're still in your vehicle at this.
• 1:51:27
  Yes. And you pulled into your front
• 1:51:31
  yard? Yes sir.
• 1:51:32
  Was anybody in the front yard waiting for you?
• 1:51:35
  Yes sir. Our 14 year old was standing on
• 1:51:38
  the porch and endured the whole incident.
• 1:51:40
  And what's his name? Jacoby Smith.
• 1:51:43
  A. Was he at the house while you
• 1:51:47
  went to go pick up Alexis? Yes sir.
• 1:51:51
  Were you scared for him? Yes.
• 1:51:54
  So you said you gave a little bit of time after the shots were
• 1:51:59
  fired off. After the shots had stopped,
• 1:52:03
  what did you do? After that pretty much Florida
• 1:52:06
  and scooted across the field and got home you run inside.
• 1:52:09
  Oh yeah. And at this point, were you in
• 1:52:14
  fear for your life? I was scared scared for myself.
• 1:52:17
  My wife, the kids, what you do, after you get inside screen for
• 1:52:23
  the kids just stay, put, stay down.
• 1:52:24
  Keep the lights off and cold 911.
• 1:52:26
  So you called law enforcement. Yes, sir.
• 1:52:28
  They were so people, um, how long after you call 911, did you
• 1:52:36
  make contact with law enforcement?
• 1:52:37
  How long was it approximately 30 minutes?
• 1:52:41
  And you make contact with law enforcement.
• 1:52:44
  Yes, sir. And you provided a statement to
• 1:52:47
  law enforcement. Yes.
• 1:52:48
  And that statement is what you've testified to here today.
• 1:52:52
  Yes sir. And finally is jammed in the
• 1:52:57
  courtroom today. Yes sir.
• 1:52:58
  Can you please point to her and identify her by an article of
• 1:53:01
  closing to my left for the red and black Plan, you're gonna let
• 1:53:05
  the record reflect that the witness has identified the
• 1:53:08
  defendant. It will just a moment.
• 1:53:22
  There to witness. Thank you Mr. Mitchell Mr.
• 1:53:25
  McDaniel. Ashley, it seems so weird that
• 1:53:37
  That's all that happened. You just were peaceful you drove
• 1:53:40
  up there. She just shot and You know, it
• 1:53:44
  was a hellhole to be there. Well, lit up to this.
• 1:53:52
  That's what I'm still trying to rumble.
• 1:53:54
  Remembering difficult to F difficult to understand how he
• 1:53:58
  got to that one in there. Pretty much.
• 1:54:01
  I think that's something to do with her company.
• 1:54:04
  It's something to do with the company.
• 1:54:07
  So you and our company have some words, I guess or something at
• 1:54:11
  the dollar store before you got there.
• 1:54:13
  Um, I don't know, the lady, she come out and she I was having a
• 1:54:16
  conversation with two friends outside outside the store and
• 1:54:19
  she jumped in the conversation and sung, a remark to me.
• 1:54:22
  So I turned around and made a statement back to her regression
• 1:54:26
  statement. Not really.
• 1:54:30
  I'm sorry, just a peaceful statement.
• 1:54:32
  What kind of statements you make you?
• 1:54:34
  I told her well, we might want to watch The Company, You Keep
• 1:54:40
  That happened right before this and you go up there and you can
• 1:54:45
  continue your peaceful talk. I guess the way the prosecutor
• 1:54:48
  says it is. If you want to talk we can talk.
• 1:54:51
  Windows. That correct.
• 1:54:53
  That's what I spoke to Jane. That's what Jane when you pulled
• 1:54:56
  up there, though. it was someone on the front porchy quarter,
• 1:54:59
  round You stop it and backing up stopping backing up, going
• 1:55:03
  forward. When I heard her yell, I backed
• 1:55:05
  up probably about five to seven foot restring at her house.
• 1:55:10
  You're going to kill her. No, I don't recall that no sir,
• 1:55:15
  okay? Recall in our vulgar names.
• 1:55:21
  I told her she wants out. We could talk and she stepped
• 1:55:23
  inside the door. The door shut.
• 1:55:26
  Okay, she stepped inside the door and went got a gun.
• 1:55:29
  I guess is what you're saying? Yes, sir about eight seconds
• 1:55:31
  past so I believe it was on her table, okay.
• 1:55:35
  And during that eight seconds, she comes back out and you were
• 1:55:37
  still there. I was sitting patient.
• 1:55:40
  Sorry. I'm sitting station behind some
• 1:55:42
  equipment. That was an obstruction between
• 1:55:44
  us there. We gotta do you call them?
• 1:55:47
  No sir. Answer your lives.
• 1:55:49
  Will come on, so did you interior lights?
• 1:55:51
  Come on, when the door open, it's very dark out here.
• 1:55:53
  Though. It is.
• 1:55:54
  It's very dark and her house was very bright so you could vividly
• 1:55:57
  see her in the doorway, okay? And if you're door would open
• 1:56:03
  your interior lights will come on in the car.
• 1:56:04
  Yes, it's so dark. I area.
• 1:56:06
  It was stuck out pretty easily. Yes, sir.
• 1:56:08
  How to close and digital open? No, sir, you know, open up your
• 1:56:12
  door. No, not window.
• 1:56:14
  You just screamed out the window.
• 1:56:15
  As you kept driving, but you said, you stopped and you pulled
• 1:56:18
  back. He waited for her to go inside,
• 1:56:19
  were you waiting for it? She went back inside when the
• 1:56:21
  doors shut, I was unsure if she was coming to my truck or she
• 1:56:25
  was inside. I didn't know until the door
• 1:56:28
  opened back up that she was inside.
• 1:56:30
  Okay, so you stop there, you waited and see you because you
• 1:56:34
  wouldn't for sure if she went. But you was very bright and see
• 1:56:36
  it very well, but you still not sure if she went inside or if
• 1:56:39
  she's walking towards you or something.
• 1:56:41
  Okay. And You still yelling at her I
• 1:56:45
  guess from the car. I believe that if you want to
• 1:56:48
  talk, we can talk way the state kind of put it.
• 1:56:52
  Is that what you're still? That's the last thing I was
• 1:56:54
  saying and she's creating something the door shut.
• 1:56:57
  And next thing, fires shots. Come firing at us, correct.
• 1:57:01
  So 8 seconds, passing, you're still sitting there, you're
• 1:57:04
  saying peacefully in your car asking her to talk.
• 1:57:07
  And then she comes out and you hear the weapon go off in the
• 1:57:10
  air. Did you see her handling?
• 1:57:14
  The gun? I could see her stance.
• 1:57:17
  Was she come out the door that she wasn't in her?
• 1:57:21
  Stance that she was at. You see the weapon at all though
• 1:57:24
  I couldn't see it myself, but I'm looking through the trope.
• 1:57:32
  and, There was obviously some rental ten of the agreements and
• 1:57:37
  you said that the Heaton wouldn't work and I like you
• 1:57:42
  probably continue to their condition was working.
• 1:57:44
  There was some issues with the heat was November.
• 1:57:48
  Hey, you've been how long have you stayed there?
• 1:57:51
  We stayed there. From June 24th to this.
• 1:57:59
  December of 25 be there previously with another wife or
• 1:58:02
  another woman living there. Okay, we there previously with
• 1:58:07
  another wife or another spouse or also Before that time frame
• 1:58:13
  was, I lived in there. Yes.
• 1:58:14
  No. Sir you always lived there with
• 1:58:17
  just that wife there. Yes sir.
• 1:58:19
  That's the only residents I've shared with a person you had
• 1:58:23
  three kids. Do you have any kids?
• 1:58:24
  No, sir, you when I call Noel Catherine, she
• 1:58:41
  gonna testify that Okay.
• 1:58:56
  Interesting testimony so far. I'm enjoying this personally.
• 1:59:02
  Curious, just to see where this goes.
• 1:59:03
  It kind of reads standard Florida.
• 1:59:08
  Unfortunately, at the moment, I hate to generalize like that,
• 1:59:10
  but this is, if there was a place that I guess we would see
• 1:59:14
  this kind of behavior, I think most people Florida would come
• 1:59:17
  to mind. That's sad but somehow true, I
• 1:59:21
  think, I don't know. Let me know what you think in
• 1:59:23
  the comments. Well, they're taking their dear
• 2:00:01
  sweet time on this one. Okay, well, while we're waiting
• 2:00:03
  again, reminder, sidebar tonight.
• 2:00:05
  APM Eastern 5 Pacific. We're going to be discussing or
• 2:00:10
  having a discussion either, at least initially upon the case
• 2:00:13
  yesterday in Stevens court with the five-time DUI guy.
• 2:00:17
  So that should be fun. Whenever you're ready, Mr.
• 2:00:18
  Daniel. Roughly a year and a half year
• 2:00:27
  and a half. They're not time.
• 2:00:30
  How many times please show up at your house?
• 2:00:33
  Your honor objection. What we just not the same
• 2:00:40
  objection. Let me get y'all to approach
• 2:00:45
  again. Why who suggests?
• 2:01:28
  We need a sidebar counter. Wahoo.
• 2:01:30
  I will put you in charge and feel free.
• 2:01:33
  Keep us updated. For those of you listening on
• 2:01:37
  the podcast side just to remind her, we are listening to a jury
• 2:01:40
  trial right now. So when we have these longer
• 2:01:42
  pauses, they are going to sidebar to discuss some things.
• 2:01:45
  So bear that in mind because I have a feeling there's going to
• 2:01:49
  be way too many of these to edit them out on the podcast side.
• 2:01:52
  So we're just gonna have to run with it.
• 2:02:13
  Daniel. so, To ask you to something lead up to this final
• 2:02:30
  scene. You're not.
• 2:02:32
  There was issues. I know with, you know, some of
• 2:02:35
  the Heat and, you know, whatever.
• 2:02:38
  You pay rent. Yes, sir.
• 2:02:42
  How often did you pay? Monthly.
• 2:02:46
  You paid it monthly payment. Why'd she been asking you for
• 2:02:51
  the rent in the past? And why don't you have to go to
• 2:02:53
  you and ask you for it? I've been on doctors leave and
• 2:02:58
  it's just been my wife working on and we've paid rent by the
• 2:03:03
  green that we had between herself and us.
• 2:03:07
  What was that agreement? That she would only charge us a
• 2:03:10
  half months rent until she fixed.
• 2:03:11
  The things in the house that were broken and you were not
• 2:03:15
  working. Are you working now?
• 2:03:17
  No sir. I'm on doctors.
• 2:03:19
  Leave until at least March so it's a family members.
• 2:03:23
  She's giving you a break because you really can't pay rent.
• 2:03:26
  You a really reduced rate to stay there.
• 2:03:29
  That accurate know how much you, how much are you supposed to pay
• 2:03:33
  rent? Total was 750 a month and that's
• 2:03:37
  a, what is a double wide? Or what is it was a single wide
• 2:03:41
  trailer? I think about and she let you
• 2:03:44
  pay for less than that. She, we would pay her half of
• 2:03:48
  the seven fifty and I hope you want working.
• 2:03:52
  So, that wasn't why? and it was instances where she
• 2:03:58
  had to go to you and ask you for rent and say, Hey, you know,
• 2:04:02
  your family, but still got to pay for their I would never do
• 2:04:07
  her own rent. Okay, that was just you there
• 2:04:11
  may have been a time to and one of those times.
• 2:04:18
  He got very upset, didn't you? I don't recall you recall
• 2:04:23
  entering into a house when early one morning, when she had sent
• 2:04:27
  you a message or something about the action, you're on a
• 2:04:30
  relevance. Let me get you to approach
• 2:04:37
  again. So I think we can safely say in
• 2:04:51
  our first trial with Wade, Mercer that stylistically.
• 2:04:54
  He likes the sidebars Much more than most other judges that we
• 2:04:59
  see. So, We're learning here.
• 2:05:02
  I still find this interesting again just to get a different
• 2:05:04
  look at this judge that. We've we've come to enjoy over
• 2:05:08
  the last. The last month's but he do like
• 2:05:12
  his sidebars. There's no question about that.
• 2:05:54
  Austin says, he likes our sidebars better.
• 2:05:58
  I would tend to agree. They're more entertaining, at
• 2:06:02
  least, I hope they are because that's what we try to do.
• 2:06:07
  But that's okay. This is all part of it.
• 2:06:10
  You know, I I like doing this Channel and I like watching
• 2:06:15
  these courtrooms and stuff because this is reality, this is
• 2:06:17
  how the system really works. Not what we see on Law and
• 2:06:22
  Order. You know, property crimes under
• 2:06:24
  50 dollars or whatever version of law in order.
• 2:06:26
  They're on now, this is, this is how it goes, and it is,
• 2:06:31
  sometimes slow moving. There's a lot of pauses, a lot
• 2:06:34
  of things that go on and I wish more more, people would see this
• 2:06:38
  experience it and have a better idea of exactly.
• 2:06:42
  How the system works because so many come into this and we see
• 2:06:46
  it in court, don't we? They come into court, expecting
• 2:06:49
  things to move like they see on television and work that same
• 2:06:53
  way and it just is not the case. That's why we're here at TCF
• 2:06:58
  educate and learn and have some fun. so actually, you're And I
• 2:07:11
  guess I know kind of extended family here, she can only keep
• 2:07:15
  her door unlocked. Always unlocked.
• 2:07:19
  Most of the time. It's seems like it's a lot.
• 2:07:34
  and just leave the jury here at some point in time after this
• 2:07:38
  incident You the voluntary layoff to.
• 2:07:40
  I think you encouraged maybe about someone to leave and you
• 2:07:43
  left is that correct? Left the property.
• 2:07:46
  Yes sir. Yeah, after this incident here,
• 2:07:50
  you've left. Those are no really May affect
• 2:07:53
  the family reunion, I guess, but it's not going to.
• 2:07:54
  You're not gonna be fighting over these issues, correct.
• 2:07:57
  I can't hear you sir. I don't know if it's a mic.
• 2:08:00
  That microphone is not active. If the one below you is the one
• 2:08:02
  that's active right now. So since you've left now, I
• 2:08:06
  mean, I was saying it may affect the family reunion me all get
• 2:08:09
  together, but y'all not gonna be killing each other out.
• 2:08:11
  Not gonna be fighting on this property.
• 2:08:12
  No more. Is that correct?
• 2:08:13
  That's correct. I have no issue with her.
• 2:08:16
  You don't have any issue with her.
• 2:08:18
  No sir. Yeah.
• 2:08:23
  I just Don't know. The state was, I think the state
• 2:08:28
  waived and rejection to The Statewide objection.
• 2:08:31
  You asking the other question if you wish and not having to
• 2:08:33
  recall her. Is that correct gentlemen?
• 2:08:35
  Yeah. That's where I understood.
• 2:08:38
  It sounds bar. So Mr. Man.
• 2:08:41
  Has a few more questions. Okay.
• 2:08:42
  Thank you. So, The coach she always locked
• 2:08:51
  sometimes you feel free. Just walk into her house that I
• 2:08:54
  mean your family members that sound accurate.
• 2:08:57
  I would not and if I couldn't hold her and get her to answer
• 2:09:00
  and well, in check on her because I've been concerned
• 2:09:02
  about her, And that's one way. Um, one of those instances, she
• 2:09:08
  had left. You a message about the rent or
• 2:09:10
  something. A few months back, is that you
• 2:09:12
  call that? I'm sure I got messages in my
• 2:09:16
  home because I don't delete anything and one morning you
• 2:09:20
  went there and I guess you not probably, I'm not gonna say you
• 2:09:23
  didn't knock. I have no idea but she didn't
• 2:09:25
  answer and you entered into the house.
• 2:09:28
  I'm sure it's like they happen but I don't know what incident
• 2:09:32
  were leading to. Well, this incident.
• 2:09:34
  You may remember? I don't know.
• 2:09:35
  I would thank you remember, but you may not remember.
• 2:09:37
  I don't know where you got extremely upset about her asking
• 2:09:40
  about the rent and You went in there and basically said that,
• 2:09:45
  you know, she's not working and, you know, she's not going to get
• 2:09:47
  the rent until she's able to while she's in bed with her
• 2:09:49
  CPAC, screaming and yelling. At her.
• 2:09:54
  We had many discussions that I told her, I'm not going to do
• 2:09:57
  you wrong. I'm doing the best that I can.
• 2:10:01
  And did that. Did that one there become
• 2:10:03
  aggressive? We've always got a long time, I
• 2:10:07
  mean, we're two redheads. So we go home pretty good.
• 2:10:10
  So, in that instance, so sometimes y'all But she's in bed
• 2:10:15
  with her CPAC. She's not really in a fighting
• 2:10:17
  position, did you? We've never felt never felt.
• 2:10:20
  No, this is all new this last year was all a whole new
• 2:10:24
  experience. You didn't show her while she
• 2:10:27
  was with her CPAC machine in the middle of the bed and start
• 2:10:30
  screaming at her and yelling at her.
• 2:10:31
  Oh, I remember the instance when she chest bought me throughout
• 2:10:35
  her house and I asked her to please stop touching me.
• 2:10:38
  I asked her niece and then I told her to stop touching me so
• 2:10:42
  you enter a house the scream at her about you're not being able
• 2:10:45
  to pay rent a insurance, all your house but you open the door
• 2:10:47
  and go into her bedroom when she's asleep with her CPAP
• 2:10:50
  machine and all the things that are not you didn't answer, I
• 2:10:55
  guess you went on in. and, Basically let him to a an
• 2:11:01
  assault with them on each other that crazy, that sounds about
• 2:11:04
  accurate. No sir, I didn't touch her, you
• 2:11:06
  didn't touch her nice sir and CPAC machine didn't get messed
• 2:11:09
  up during the tussle that you wanna tussle with her.
• 2:11:11
  I did not tell him with her, okay?
• 2:11:14
  um, And you said she didn't appreciate you just walking in.
• 2:11:21
  I guess. Is that I think what you said
• 2:11:23
  some of her, I don't think it was a matter of me walking in,
• 2:11:27
  it was the context of what was actually a matter at that time.
• 2:11:32
  That was about the rent more than likely she was upset.
• 2:11:36
  She was in bed sleeping. So if you come over, I think you
• 2:11:39
  would be the one that would be upset.
• 2:11:41
  I come and talk to her because if anybody knows her, she's very
• 2:11:44
  hard to reach on the phone. And she was a hop skip and jump
• 2:11:48
  away. So I figured it's easier to just
• 2:11:50
  talk to her. Yeah.
• 2:11:51
  So that was that happened. A few months for power at some
• 2:11:56
  point in time. After that, I guess she asked
• 2:11:59
  you to leave. I guess is in a nice way.
• 2:12:02
  Well, I'm confused because I don't know what lit up this.
• 2:12:05
  I understand. So I'm gonna get to it.
• 2:12:07
  So at some point in time, she asked you, leave things just not
• 2:12:10
  working out. She did and then things moved
• 2:12:13
  out after that from my viewpoint.
• 2:12:15
  Okay? But They thought they moved out
• 2:12:19
  and you didn't leave though. Yes, sir!
• 2:12:21
  We were planning to have a Halloween party, I'm standing.
• 2:12:23
  And that was the before, October 31st, what happened?
• 2:12:27
  So all this stuff led up to it and, you know, she leave.
• 2:12:31
  But you think it's moved out and not leading up to the weak part
• 2:12:34
  of these, which was November 11th.
• 2:12:44
  What happened on November 11th? She had a man staying with her.
• 2:12:49
  He was named Harold. And he he was using a bathroom
• 2:12:54
  and allowing his self to be exposed after we seen it time
• 2:12:59
  and time again and I had already spoke to her and asked her to,
• 2:13:02
  please talk to him because our kids were seeing it and he would
• 2:13:05
  not have any regard to who's seen it.
• 2:13:08
  And I got upset and I called her and told her I was coming to
• 2:13:12
  talk to Harold. She asked her phone though, so
• 2:13:15
  you didn't talk to her, I guess I told her.
• 2:13:20
  Meeting before you come over here.
• 2:13:21
  What about Heralds about that issue?
• 2:13:24
  It was about a dog. Harold had said something to our
• 2:13:28
  middle child about. Well if the dog doesn't listen,
• 2:13:31
  just go ahead and kill it in our kid.
• 2:13:33
  Got very upset and came home and was crying.
• 2:13:35
  I don't know exactly what was saying but something was saved
• 2:13:37
  from Harold and soon as I was told him some kind of joking
• 2:13:40
  matter that somebody that was there that'll be testifying of
• 2:13:43
  you know about just put the dog down.
• 2:13:45
  You don't mean it. I could see you.
• 2:13:48
  I could upset a child immediately upon that you were
• 2:13:53
  there, you don't know exactly what was said you come over to
• 2:13:55
  her house. So correct.
• 2:13:56
  Yes, there are steps to her carport, got your carport and if
• 2:14:01
  I don't know nothing about any in a step tour in a peaceful
• 2:14:06
  mode. Let's talk about this Shan was
• 2:14:08
  in her bedroom. Jan was not outside, I was
• 2:14:10
  talking to her, I'm talking to someone that I'm talking about
• 2:14:12
  somebody. That was out there though, so
• 2:14:14
  that would have been That would have been Aubrey Whitfield and
• 2:14:21
  His Eye Care. Has the highest respect for you.
• 2:14:24
  I think she loves you death. She was at what she that's not
• 2:14:27
  her recollection was she was out there when you come up.
• 2:14:30
  Is that correct? I believe she was somewhere in
• 2:14:33
  and out between in the house and out.
• 2:14:35
  She was there. When also the conversations at
• 2:14:38
  the dog you, I'm not sure. Yeah.
• 2:14:41
  Um, so you come over from your house and you walk over there
• 2:14:45
  and you get into A media altercation with Howard.
• 2:14:51
  Does that his name? Howard Harold, you get immediate
• 2:14:54
  official, I guess. Is that sound accurate?
• 2:14:56
  I was trying to talk to him and he just clammed up, didn't speak
• 2:15:00
  but she kind of intervened at that point.
• 2:15:02
  So the focus about a woman that would be a great assessment, he
• 2:15:06
  just kind of sit back, ignore, just wasn't a fighting was a
• 2:15:10
  fighting stopped both of you. I don't interrupt our instrument
• 2:15:13
  or question and I'll interrupt him asking a question.
• 2:15:15
  Ask a question when he finishes asking the question.
• 2:15:18
  He'll stop and you then answer it.
• 2:15:20
  I'm not let you talk to each other talk over each other
• 2:15:21
  anymore. So please ask your next
• 2:15:23
  question, Mr. McDaniel, so you go up to Harold?
• 2:15:26
  What was your mood that you come immediately over?
• 2:15:28
  After the child went back over the house, I was agitated, you
• 2:15:32
  agitated Because it's been months of asking her to please
• 2:15:36
  ask him to be courteous. You're asking just to, please be
• 2:15:41
  courteous. You didn't have he walked with
• 2:15:43
  him and try to fight him. Know, I may have been yelling
• 2:15:47
  but I was not going with no intention of fighting anyone.
• 2:15:49
  There was so much yelling going on that Jan had to hurt it
• 2:15:55
  inside the house. Is that about accurate?
• 2:15:58
  Um, I'm not sure and it wouldn't be.
• 2:16:03
  Nothing. Because it's a block house with
• 2:16:05
  the door open and it's practically empty.
• 2:16:07
  So it goes. So Jan comes out of the house.
• 2:16:11
  What do you do in Jan? Comes out.
• 2:16:14
  She started arguing with me and then everything just went
• 2:16:18
  chaotic. As I've had many conversations
• 2:16:23
  with Jan, both y'all redheads, I can see that happening.
• 2:16:25
  So she comes out of the house. That's true of their yelling at
• 2:16:28
  him and y'all start arguments, what these next She ended up
• 2:16:34
  picking up like a piece of threshold of.
• 2:16:38
  That would be on a wall. It had nails and end.
• 2:16:41
  And she hit me across the head here with it.
• 2:16:43
  And she was standing in her doorway, I guess when you come
• 2:16:46
  up through the porch and you come up there to her, she'd come
• 2:16:49
  out the carport door there. and, You walked up to her, you had to
• 2:16:53
  keep walking past her. I was walking with my hands in
• 2:16:56
  my pocket. Now, up to her and she grabbed
• 2:16:59
  the board and cracked me in her head with it.
• 2:17:00
  We don't know y'all both in a fight move.
• 2:17:02
  You were in a fight movie, you come up to her and a fight and
• 2:17:04
  mood trying to fight her, I was interested in her.
• 2:17:07
  I came to speak Harold, okay, but you ended up fighting that
• 2:17:11
  old lady with congestive heart failure.
• 2:17:13
  I mean, you know, about some Fighters, she hit me in the head
• 2:17:17
  and I grabbed her and I pushed her against the freezer that was
• 2:17:19
  standing behind her and held her there, you know about her health
• 2:17:22
  conditions. That's why I'm concerned about
• 2:17:24
  her. and, You go into a fighting mode.
• 2:17:31
  You grab her both grabbed, each other's hairs, pulling each
• 2:17:33
  other, that sound about accurate, your call that, yes,
• 2:17:36
  she had you held down by the hair.
• 2:17:38
  You probably had her head down by the hair.
• 2:17:40
  So at some point in time, she was able to reach a board and
• 2:17:44
  she hits you with the board. No sir.
• 2:17:46
  The first start was the first Contact.
• 2:17:49
  She hit me with the board and then I grabbed her by the hair
• 2:17:53
  and showed her against the freezer and held her and, In the
• 2:18:00
  safe to say, Jan's a little bit scared of, you know, not at all,
• 2:18:03
  you're 35 years younger and her, probably, I mean, I, she's a
• 2:18:06
  tough and she's not scared to anybody to tell you totally
• 2:18:09
  disagree with. So but You don't think she might
• 2:18:14
  be a little bit. Scared of someone is 35 years
• 2:18:16
  younger than her that don't have the health conditions that she
• 2:18:18
  has. No.
• 2:18:24
  So She grabs a board. She hits you, you fighting, I
• 2:18:31
  guess. It was more of a tussle went and
• 2:18:34
  really a fight, but I was still stove up from the rat that we
• 2:18:38
  had on Halloween. And I was pretty much incapable
• 2:18:43
  of doing anything at this point. So she was just like, pulling
• 2:18:47
  me, hit me, whacking me. Like, I don't I just kind of
• 2:18:53
  submitted whenever it go and I had her against the freezer and
• 2:18:57
  she wanted to fight. I'll let go because I had no
• 2:18:59
  intention of her very mad though.
• 2:19:03
  Yes, my family is sitting here beating me in the head.
• 2:19:06
  Sometimes people say things that mad they probably don't mean,
• 2:19:08
  that sounds pretty accurate as you walk in all threatened to
• 2:19:13
  burn her house down with her in it, that's how accurate.
• 2:19:17
  It sounds like what I've been told to.
• 2:19:18
  So, I mean, that's is that what you told her, you know, may may
• 2:19:23
  have? Okay, I can't think that firmer
• 2:19:25
  deny. You think that someone who's
• 2:19:28
  living 350 feet from them, who's threatened to burn her house
• 2:19:31
  down made Make her a little scared.
• 2:19:33
  Mmm. Not this lady.
• 2:19:39
  She's just. Pretty tough.
• 2:19:44
  It'll come from a tough family. I know y'all do.
• 2:19:53
  But a Jan do for a living. um, when she was working, she was a
• 2:19:59
  beautician out at Sunland. She's always cut hairs as far as
• 2:20:03
  I can remember other than working in a lunchroom.
• 2:20:06
  She retired from the state. Disability.
• 2:20:09
  So I get, I guess whatever benefits you get from State
• 2:20:13
  retirement. if you ever known her, get in trouble for No, not
• 2:20:19
  in a court setting never known or even have to call the police.
• 2:20:25
  Her call the police. Yeah, I believe so.
• 2:20:28
  Okay. so, Going back to the November 18th.
• 2:20:41
  All this drama has been going on.
• 2:20:45
  You even admitted the yeah, that sounds like something.
• 2:20:47
  I'd said that Runner house down with her in it.
• 2:20:51
  He'll think she's a little bit scared of you when you're
• 2:20:52
  standing out are in the car. screaming at her objection ass,
• 2:20:56
  and answer your I think that that's almost sustained
• 2:21:00
  objection. I think you asked that a couple
• 2:21:01
  of times. That's question Mr. Daniel so,
• 2:21:05
  Obviously, pretty aggressive she's out there on that day and
• 2:21:08
  remember 18th. You're actually there
• 2:21:11
  threatening to kill her on that day.
• 2:21:15
  You're upset too still. That's sound kind of a little
• 2:21:18
  bit accurate. It wasn't this people.
• 2:21:20
  I was pretty upset because I mean, family fights are not
• 2:21:24
  nice. They are not nice and I'm not,
• 2:21:25
  I'm just trying to get out the truth.
• 2:21:27
  I'm just trying to get the truth.
• 2:21:29
  And the state says, I'm gonna go back to where they said that you
• 2:21:32
  said, do you want to talk together and talk this out?
• 2:21:35
  That's not what was said, on that November 18th, was it?
• 2:21:39
  When I was in the truck I said if you want to talk we can talk.
• 2:21:43
  It was threats on that night also.
• 2:21:45
  Is that correct? Ma'am.
• 2:21:46
  I don't recall. I mean it's a pretty heightened
• 2:21:48
  incident. When you hear gunshots, start
• 2:21:50
  firing. Your gunshots were just natural
• 2:21:54
  that though. Yeah I do realize it was a hot
• 2:21:56
  mistake for everybody. Yeah.
• 2:21:57
  Because I mean it was the accident where I pulled pulled
• 2:22:00
  off the road and I hadn't even made it off the pavement.
• 2:22:02
  Yet she's already waiting their door and I know this lady my
• 2:22:05
  whole entire life so I already knew what that posture meant.
• 2:22:08
  She was ready to fight. That was her mood.
• 2:22:12
  You. And if I lose weight, that sound
• 2:22:19
  accurate, you not only so sustain that objection.
• 2:22:25
  Any follow-up questions for the witness Mr. Mitchell, yes.
• 2:22:34
  Nicole's you mentioned something about a wreck.
• 2:22:36
  When did that occur on howling night?
• 2:22:39
  What date October 31st and did you sustain any injuries from
• 2:22:46
  that wreck? Yes sir.
• 2:22:48
  I was crushed and pending in front of the vehicle and I think
• 2:22:51
  the jury saw you had like a brace on your left leg.
• 2:22:54
  Is that a result of that? No, I just had my second knee
• 2:22:58
  repair in August. Okay, but the right.
• 2:23:01
  So Oh, I just want to clarify one brief thing about the
• 2:23:10
  incident on November 11th. When you went over there to
• 2:23:15
  misper vat's house and she swung the board on you.
• 2:23:19
  Where were your hands at that moment?
• 2:23:21
  Just as they are now in my pockets with the same jacket on.
• 2:23:27
  And clarify one more time. You never win over there to
• 2:23:32
  fight was for that. Correct, I wasn't even going for
• 2:23:36
  Ms for that. I believe when you were speaking
• 2:23:39
  with Mr. McDaniel, you may There was a comments about burning the
• 2:23:45
  house down and you said to him, yeah, I have been told that
• 2:23:49
  before whose told you that her son Hardy's threatening it and
• 2:23:54
  the day she got out of jail. Objection, I actually if she
• 2:23:59
  wants to bring out already, I'm calling his witness.
• 2:24:00
  I can bring it all in. Very well.
• 2:24:05
  How many children? Okay, well they approach I
• 2:24:12
  looked something up. This witness was asked if it was
• 2:24:16
  a fight and she said no wasn't a fight.
• 2:24:19
  It was a tussle. Well, in my mind they're the
• 2:24:22
  same things and legally There's no distinction but if we look at
• 2:24:26
  the actual meanings of the word yeah a fight implies Mutual
• 2:24:29
  intentional violence, whereas a tussle implies a brief low-level
• 2:24:35
  physical contact, that is not vicious.
• 2:24:40
  Fight, you usually have multiple strikes, it's escalated, that
• 2:24:43
  sort of thing. So there is a little bit of a
• 2:24:44
  difference. However, there's nothing.
• 2:24:48
  there's nothing illegal code that Defines a difference.
• 2:24:53
  So that's just a curiosity. I was interesting choice of
• 2:24:56
  words how I wanted to look up exactly.
• 2:24:57
  Definition wise. What would Be the specific
• 2:25:01
  difference. However, I'm not under the
• 2:25:03
  impression that she necessarily knew those definitions.
• 2:25:08
  But I could be wrong Lily first degree tussle?
• 2:25:12
  Maybe. All right, so what are we on?
• 2:25:16
  We're on sidebar number six. Now, excellent.
• 2:25:18
  That's not standing. Well, once again, everybody
• 2:25:23
  Welcome to TCF live, I hope you're having an enjoyable time.
• 2:25:26
  Let me know in the in the in the chat, if you are enjoying this,
• 2:25:30
  let me know too if we should look at doing more trials.
• 2:25:34
  During the live stream, I kind of have to be selectively.
• 2:25:37
  It's hard to do like, the the judge Boyd multi-day ones.
• 2:25:42
  I think that would would kill the live, although we're working
• 2:25:45
  on. Um, we're working on a program
• 2:25:49
  to be able to present such trials here on TCF in another
• 2:25:54
  format so we'll get there. But for these these that
• 2:25:58
  theoretically, if it weren't for 27 sidebars should be faster.
• 2:26:01
  I could see us doing more of these.
• 2:26:03
  If you're interested, just let me know.
• 2:27:19
  Let's go back to November 18th. Neither this incident for why
• 2:27:27
  we're here. You said you were the one
• 2:27:31
  driving? Correct yes, sir.
• 2:27:32
  And it's a standard vehicle where you sit in the left in the
• 2:27:37
  driver's seat. Yes!
• 2:27:39
  Sir! Was there.
• 2:27:40
  Anybody in the passenger seat my wife and what side of the
• 2:27:44
  vehicle? Could you see Miss resonance out
• 2:27:46
  of my passenger side, the pastor side.
• 2:27:50
  So based on what you're telling us Alexis had a better view of
• 2:27:55
  Miss house. All right.
• 2:27:59
  And I believe you said that you couldn't properly see if Miss
• 2:28:06
  had a weapon on her. Is that because of where you
• 2:28:08
  were sitting? Yes, sir.
• 2:28:10
  Because I backed up I was trying to back up and told her and I
• 2:28:14
  couldn't see All right. Now I'm just going to be very
• 2:28:20
  direct with these next few questions, you answer the most
• 2:28:23
  On that night. Did you get into any kind of
• 2:28:27
  physical altercation with Jam provides?
• 2:28:29
  No sir. On November 18th, did you ever
• 2:28:33
  intend to bring Jam for that harm?
• 2:28:35
  No, sir. Did you have a weapon on you on
• 2:28:39
  November 18th? Did you ever approached?
• 2:28:45
  Miser's house that night, no sir other than when you were driving
• 2:28:49
  slowly by to get to your house that's all just going home.
• 2:28:54
  And did you even get out of your vehicle on that night?
• 2:28:59
  No sir. Just moment, you're on.
• 2:29:03
  Oh, thank you very much, Mr. Nicholas.
• 2:29:06
  You can have a seat back in the In the seating area of Mr.
• 2:29:12
  Mitchell who you have your next witness and how long do you
• 2:29:15
  anticipate that test wanted to take?
• 2:29:16
  Shouldn't take too long? I went into it.
• 2:29:18
  Maybe 15. That's going to call that person
• 2:29:20
  and then we'll take our mid-morning break after that
• 2:29:22
  witness who was that will call Alexis nickels to stand Alexis
• 2:29:26
  Nicole? Yes she go by Desiree, it
• 2:29:52
  I'm come on up and stand right here.
• 2:29:56
  Please, by Sergeant Applewhite and I'm gonna ask our Deputy
• 2:30:00
  Clark Ms. Williams to place you under oath.
• 2:30:09
  Around have a seat. If you will, ma'am.
• 2:30:11
  Make yourself comfortable. Mr. Mitchell is going to ask you
• 2:30:15
  questions first. Thank you.
• 2:30:17
  Good morning. Ma'am.
• 2:30:18
  Can you please tell us your name Alexis Nichols and tell the jury
• 2:30:23
  a little bit about yourself? Where do you work at the moment
• 2:30:25
  and work at stethoscope in home care?
• 2:30:29
  Is that what you were doing on November 18th of, 2025 know?
• 2:30:34
  I was the assistant manager at Dollar General in Grand Ridge.
• 2:30:37
  And at that time, you said Grand Ridge?
• 2:30:41
  Was that where you were living at the time?
• 2:30:42
  Yes. Do you remember the address
• 2:30:45
  16934 Burke Street? And that is in Jackson County
• 2:30:49
  Florida, right? Who did you, who were you living
• 2:30:53
  with? I was living with my wife.
• 2:30:55
  Ashley Nichols and our three kids, your three children and
• 2:31:00
  how old are they? 713 and 14 and how long have you
• 2:31:04
  known? Miss Ashley Nichols, I went on
• 2:31:08
  Ashley roughly around 20 years and how long and you said she's
• 2:31:12
  your wife, how long have you all been married?
• 2:31:14
  Almost two years rich. Now, take us back to November
• 2:31:19
  18th 2025. What were you doing on that day?
• 2:31:24
  On that day. I was at work from around 3 p.m.
• 2:31:28
  so around 10:15. Do you have anyone coming to
• 2:31:31
  pick you up? Yes, my wife came and picked me
• 2:31:33
  up from work that night. Ashley.
• 2:31:35
  Yes. Ashley.
• 2:31:36
  What time did you say? She picked you up about 10:15
• 2:31:40
  10:20 so it's dark out, it's dark.
• 2:31:44
  All right, and Did you have any plans or were you just heading
• 2:31:50
  back to the house? We were just heading back to the
• 2:31:51
  house. so, The jury sort of heard a little bit about the
• 2:31:58
  area in which you live. Can you describe where you were
• 2:32:01
  living at the time? What the property was like so,
• 2:32:04
  we were living on the back of This prevattes property.
• 2:32:09
  You have to go around her house Down a Bumpy driveway, to get to
• 2:32:13
  our house where we were residing.
• 2:32:17
  It's very rough terrain and that's the only way in and out
• 2:32:21
  the only way in and out. So, you said the condition of
• 2:32:28
  the driveway is very rough and bumpy.
• 2:32:30
  Yes. How do you have to drive when
• 2:32:33
  you're going over this drive, you have to drive slowly, right?
• 2:32:37
  And I take it. You have to pass by miser's
• 2:32:41
  house. Yes, you do.
• 2:32:41
  Is that what you and Ashley? Did, yes.
• 2:32:44
  And let me back up just a little bit.
• 2:32:47
  So, Ashley is driving. Correct.
• 2:32:50
  Yes. Where are you sitting in the
• 2:32:52
  passenger? Front seat.
• 2:32:55
  And when you pass by this prevattes house, did you see
• 2:32:59
  anything out in the front yard? I seen the black vehicle out in
• 2:33:04
  the front yard. The black vehicle did it belong
• 2:33:07
  to miss? Prevatt know it's not her
• 2:33:09
  vehicle. Did you recognize who it
• 2:33:10
  belonged to yes. And do you know who it belong
• 2:33:14
  to? Who was that person Christie
• 2:33:16
  best for? Did you see Miss Pratt with Mr?
• 2:33:20
  I didn't see Miss bastard. I seen Miss Pratt in the
• 2:33:24
  doorway, and I apologize. I may have asked that wrong but
• 2:33:26
  you said you saw Miss Pratt in the doorway.
• 2:33:30
  Yes, of her. Where, in her house the front
• 2:33:33
  porch front doorway front. Doorway.
• 2:33:35
  And what was she doing? She was standing postured with
• 2:33:40
  her hands on her hips, just Staring at us coming in Drive.
• 2:33:45
  I apologize. Go ahead.
• 2:33:46
  Oh no, she was just standing posture with her hands on her
• 2:33:50
  hip as we were coming in the job.
• 2:33:52
  She was watching us as we came in.
• 2:33:54
  As we went around the house, she went to each doorway and
• 2:33:58
  postured the same stamps. And right quick for the jury, if
• 2:34:03
  you would please stand up and show him what this stance was
• 2:34:06
  you could just stand right over there.
• 2:34:08
  I'm just standing there at age, doorway.
• 2:34:13
  And where are these? Three doorways.
• 2:34:15
  You have one in the front of her house, one on the side.
• 2:34:20
  And then, one in the back. Right.
• 2:34:23
  So You saw this and as you were passing by, did you hear Mr?
• 2:34:30
  Bat Say Anything, I heard her scream something.
• 2:34:33
  As we got to the back of the house but I could not understand
• 2:34:37
  what it was as the windows were. Oh what happened at this point?
• 2:34:41
  And at that point Ashley asked me to roll down window, we
• 2:34:45
  cracked it and she told she hollered out to Jan.
• 2:34:49
  If you want to talk we can talk at that time.
• 2:34:52
  The back door closed a few seconds, passed Miss prevent
• 2:34:57
  came to the door and shot fired off.
• 2:35:00
  And how many shots did you hear there were two and then delayed.
• 2:35:05
  There was a third And how far away were you and Ashley from.
• 2:35:13
  Miss house. When this happened that point we
• 2:35:15
  weren't even 100 yards from her house, we had kind of backed up
• 2:35:19
  to barricade the tree. It was a tree a side by side of
• 2:35:23
  a boat and something else sitting out there.
• 2:35:26
  So kind of barricade the shots from us to Her like from her to
• 2:35:33
  us. Were you relatively close to her
• 2:35:35
  house when the shots fired or? Yes, because we were easing
• 2:35:38
  around the driver at that time when she screamed something.
• 2:35:41
  And my wife asked her, if you can, if you want to talk, we can
• 2:35:45
  talk. So, um, You heard the shots sort
• 2:35:51
  of barricade. Did you see her fire these
• 2:35:55
  shots? Yes, I did.
• 2:35:56
  Um, out of the passenger window, you could see her standing there
• 2:35:59
  with the gun, and you could see the Fire come out of the muzzle.
• 2:36:02
  So you saw the muzzle flash? Yes.
• 2:36:06
  And what happened after these shots?
• 2:36:09
  Seceded after they stopped, we took off so the house.
• 2:36:16
  Was there? Anybody waiting for you at the
• 2:36:18
  house when you got there? Yes, our children were home.
• 2:36:21
  Our 14 year old, was on the front porch.
• 2:36:23
  And what's his name? Jacoby Hoffman so I take it that
• 2:36:29
  They were at the house when Ashley went to go pick you up.
• 2:36:32
  Yes. He, he stayed there to babysit
• 2:36:35
  his two young Brothers while she came to retreat.
• 2:36:37
  Me from work, were you scared at this moment?
• 2:36:40
  Yes. Were you in fear for your life?
• 2:36:43
  I was because I didn't know what she was aiming at.
• 2:36:46
  I didn't know where it was going to come down at.
• 2:36:50
  Okay, and were you scared for your children?
• 2:36:53
  Most definitely. So, How much time goes by?
• 2:37:01
  After the shots before you make your way inside it was
• 2:37:05
  immediately almost immediately immediately.
• 2:37:08
  I jumped out of the truck and ran into the house to make sure
• 2:37:12
  our children were safe and secure you call law enforcement
• 2:37:16
  when you got inside. Yeah.
• 2:37:19
  Were you the only one that called law enforcement know was
• 2:37:21
  not? and, After you call law
• 2:37:25
  enforcement, how long was it? Until they make contact with you
• 2:37:30
  about 30 minutes. Give or take were the did you
• 2:37:34
  give a statement to them at all? I spoke with them and I didn't
• 2:37:37
  give a statement, they didn't ask for my statement. but,
• 2:37:43
  Everything that happened on that night.
• 2:37:46
  You have testified to here today.
• 2:37:48
  Yes. And finally is jammed in the
• 2:37:51
  courtroom today. Yes, he pleased, her out and
• 2:37:54
  identifier by an arc of clothing.
• 2:37:56
  She's gone, red and black plaid shirt.
• 2:37:58
  And once again you're on her witness says identified the
• 2:38:01
  defense again the record reflect.
• 2:38:03
  All right, just We'll send it to the witness.
• 2:38:09
  Thank you mister my Daniel. Go back.
• 2:38:12
  Yes. Thank you.
• 2:38:17
  Ashley does she capable of saying something?
• 2:38:20
  Like, if you want to talk we can talk.
• 2:38:22
  I just, she is capable of that. Yes.
• 2:38:26
  Okay. And yo, and you're saying your
• 2:38:30
  testimony, was that you drove up and you turned and you never
• 2:38:34
  stopped and the gun just went off by your while your window
• 2:38:37
  was down. We never stopped until she
• 2:38:40
  yelled out and that's when we rolled the window down and
• 2:38:43
  Ashley said, if you want to talk, we can talk at that time.
• 2:38:47
  The back door closed. See a second Slater.
• 2:38:50
  She came out and gunshot fired off.
• 2:38:52
  So she goes inside, she gets a gun comes back out the office.
• 2:38:56
  Still sitting there trying to talk Wait for her to talk about
• 2:38:59
  something. What we all gonna talk about
• 2:39:00
  know, we had kind of eased all but the gunshots started fire
• 2:39:05
  and so she backed up to keep us barricaded from the fires.
• 2:39:11
  Between the truck. I mean, Between the tree the
• 2:39:15
  side by side, that was a boat. So we kind of was trying to
• 2:39:19
  barricade so the shot didn't hit us.
• 2:39:22
  Mm-hmm. So and you your testimony is
• 2:39:28
  you, you could see her and And Ashley was sitting right next to
• 2:39:33
  you. She was sitting next to me,
• 2:39:35
  Ashley was sitting in the driver's seat.
• 2:39:36
  I was sitting in the passenger seat and Miss prevatt was out in
• 2:39:40
  the yard on the left hand side or right hand side outside of
• 2:39:43
  the passenger window. So she was out in the yard, she
• 2:39:46
  wasn't on the porch, she had walked out in the yard off the
• 2:39:49
  porch around the second fire. First ever heard of this.
• 2:39:54
  And so, what actually seen is not what you seen something
• 2:39:57
  you're saying she was out here in the yard, she walked out in
• 2:40:00
  the yard in the gun. Yes, sir.
• 2:40:02
  As a neighbor neighbor, sees a lot of things especially in
• 2:40:06
  rule, he's like where you're standing at.
• 2:40:12
  It's been other instances of violence that happened on that
• 2:40:15
  property where she was there and seen.
• 2:40:17
  Against you here on our own good object.
• 2:40:19
  I think it's beyond the scope of this.
• 2:40:22
  It's where overall sustained objection is 2 overall.
• 2:40:24
  There may be certain instances that may be a miserable but that
• 2:40:27
  question is inappropriate Mr. McDaniel Has there been
• 2:40:30
  instances where you've been running from your house with
• 2:40:32
  Alex with with you and the kids running away from Ashley?
• 2:40:38
  There's been instances where we've had verbal disputes and
• 2:40:42
  I've left but I've never left running from her running with my
• 2:40:46
  kids know. So someone testifies, they're
• 2:40:48
  trying to help you to go because she was chasing you on foot
• 2:40:51
  after you and the kids. She has never chased me on foot.
• 2:40:54
  She is incapable of chasing anybody.
• 2:40:56
  She's got a broken leg. When should you get a broken
• 2:41:00
  leg? Um, she's had a broken leg.
• 2:41:02
  She had surgery for it. October of 23, and she just had
• 2:41:07
  surgery again, all August of this past year.
• 2:41:10
  What happened before that? I guess good.
• 2:41:13
  So we can fix this. Oh.
• 2:41:37
  It's TCF live, it's Thursday. Hope you're all enjoying
• 2:41:41
  yourselves. If you have just come in
• 2:41:44
  recently, we're in the middle of a trial in judge, Mercer's Court
• 2:41:47
  down in Florida. Long in the short of it people
• 2:41:50
  Behaving Badly. You've got somebody who was
• 2:41:52
  drunk and had a gun and decided. It was good idea to shoot off a
• 2:41:55
  couple of rounds into the air because they never come down.
• 2:41:59
  You know, threats. Bad behavior, bad relationships,
• 2:42:05
  all the kind of stuff you would expect out of a case like this.
• 2:42:08
  This is a sidebar. Number seven, I believe That's
• 2:42:13
  the first time we've watched judgment, Mercer in a trial.
• 2:42:16
  It's enjoyable. Clearly, like Society bars
• 2:42:19
  though. So, well, hang tight.
• 2:42:22
  I've got something else cute up to show you when they go to
• 2:42:25
  break, we are in the way back machine.
• 2:42:28
  Just a few minutes on this, so they do like a 15 or 30 minute
• 2:42:31
  break. It won't have to drag out quite
• 2:42:33
  that long. Okay Mr. Met Daniel whenever
• 2:42:38
  you're ready sir. This is the truth.
• 2:42:44
  She was yelling at the vehicle that she was gonna kill her.
• 2:42:48
  No, it was, but I'm sorry. I didn't know who was yelling.
• 2:42:52
  She was yelling. Who Acid, is it true that
• 2:42:55
  actually, you said, she you meant Ashley, you asking if
• 2:42:58
  Ashley was yelling that she was going to kill miserable, that's
• 2:43:02
  the question, okay? No, she was not yelling that out
• 2:43:05
  the windows if you want to call. It was, if you want to talk, we
• 2:43:10
  can talk. That's all she hollered out the
• 2:43:12
  window. November 11th you out there
• 2:43:17
  weren't you were out of the fight occurred.
• 2:43:21
  I actually was not down there until it had already happened.
• 2:43:24
  What I seen was stop both of you.
• 2:43:32
  The attorneys going to ask a question and not interrupt the
• 2:43:35
  witness while she's answering and you're not going to
• 2:43:37
  interrupt him in the middle of a question.
• 2:43:38
  Okay. So ask a question and don't
• 2:43:40
  don't interrupt her until she finishes.
• 2:43:42
  And then ma'am, let him finish the question before you start
• 2:43:44
  answering Mr. McDaniel, what's your question was were you out
• 2:43:47
  there on November 11th? When the incident of the five
• 2:43:49
  happened? Were you there president?
• 2:43:51
  I was there when it was ending. What I witnessed was Jan, pick
• 2:43:56
  the board up and hit Ashley in the head with it and you
• 2:44:00
  witness, as As. Ashley was leaving.
• 2:44:05
  She threatened to burn her house down with her in it.
• 2:44:09
  I did hear her say that and I also heard Ms. Prevent screaming
• 2:44:13
  a lot of derogatory insane things as well.
• 2:44:16
  Okay? For the question.
• 2:44:19
  Thank you, Mr. McDaniel Mr. Mitchell, any redirect briefly
• 2:44:30
  Sickles. You said that you saw the third
• 2:44:34
  shot or maybe it was after the second shot, she walked off the
• 2:44:37
  porch. How far did this for about walk
• 2:44:40
  off the back porch? Probably a good 30, 40 feet 340
• 2:44:44
  feet, okay? Now.
• 2:44:50
  After Ashley, picked you up that night, from work for you with
• 2:44:54
  Ashley the entire time. Yes.
• 2:44:57
  And while you were with her, did Ashley ever.
• 2:45:01
  Leave the vehicle know not. So we got home going in the
• 2:45:05
  house to check on the children. Did you ever leave the vehicle?
• 2:45:08
  Not. So we got home.
• 2:45:10
  Did Ashley ever approached Ms? Prevattes house that night.
• 2:45:14
  No. What about you did?
• 2:45:16
  You know and finally did Ashley ever threatened Ms. Prevent that
• 2:45:22
  night she threatened out of anger by saying that she will
• 2:45:27
  burn the house down, but other than that, no, I apologize.
• 2:45:31
  Let me be more specific November 18th, the night of this
• 2:45:36
  incident. Did Ashley ever threaten Mr. Bat
• 2:45:40
  on number 18, not on November 18th.
• 2:45:43
  Did you ever threaten know? Just moment.
• 2:45:56
  For the question. Thank you, Mr. Mitchell Mr.
• 2:46:01
  McDaniel for the questions. Thank you, Mrs. You can have a
• 2:46:04
  seat back in the witness area and we'll call you as soon as we
• 2:46:08
  Know more about whether you're going to testify again or not.
• 2:46:10
  Ladies and gentlemen, of the jury, we're going to take a
• 2:46:12
  morning recess. At this point, I have 1039 by my
• 2:46:15
  clock, as I mentioned earlier, there's some refreshments in
• 2:46:18
  there. You may not have noticed this.
• 2:46:22
  I'm a little bit on the pudgy side. and if you don't eat those
• 2:46:25
  snacks, you know who's going to Me so help yourself make
• 2:46:30
  yourself comfortable. We're going to say 10 minutes we
• 2:46:33
  try to start back in roughly 10 minutes.
• 2:46:34
  Ladies remain in the courtroom. Why the jury exits for us?
• 2:46:38
  Okay again we're a little bit in the way back machine but I'm
• 2:46:42
  going to take us to A judge DeSanto hearing real quick,
• 2:46:49
  while I get us forwarded to the next thing.
• 2:46:52
  But I wanted to share something super funny with you.
• 2:46:55
  So well, this has been going on. I've been typing out.
• 2:47:00
  Different things that we've heard from the lawyers or the
• 2:47:04
  jury, or stuff like that. Into one of the AI models that I
• 2:47:09
  use. And then I asked it based on
• 2:47:13
  everything, I've just given you. where, Is this?
• 2:47:18
  Trial taking place. And it asked me one question.
• 2:47:24
  It said have you heard asked and answered yet?
• 2:47:28
  And I said, yes, we have and it just came right back and said
• 2:47:31
  Florida, so Florida has a feel that is so ingrained that even
• 2:47:38
  the large language models have picked it up and know exactly
• 2:47:42
  where something is is taking place.
• 2:47:45
  Just based upon the language that's used.
• 2:47:47
  And the only clarifying question at asked was have you heard
• 2:47:51
  asked and answered yet? Stuff.
• 2:47:53
  I just thought that was hilarious.
• 2:47:54
  I don't know. but, Let's let's do this to Santa thing.
• 2:48:01
  Will I get us forwarded past the break here?
• 2:48:05
  Not a fact that was a point. Or your own triangle or PS3 or
• 2:48:26
  758 perspectives. I mean, on the record.
• 2:48:30
  The Cool Waves. Okay.
• 2:48:31
  Thank you. And today's date scheduled for
• 2:48:34
  probation violation. On your clients.
• 2:48:36
  He's on 25410. A And then it's set for
• 2:48:43
  sentencing on your clients, please to amended charge of
• 2:48:47
  operating a visibly impaired which was reduced from a high
• 2:48:50
  BAC. And case.
• 2:48:53
  Number two, five one two six nine.
• 2:48:57
  And console, you want to manage to the probation violation.
• 2:49:01
  I have discussed it from this means.
• 2:49:04
  In fact, we discussed this at the time of the entry of The
• 2:49:07
  Plea on the 25th. 1969, the violation is that she picked up
• 2:49:15
  a new case law on probation. She is guilty, but sentencing on
• 2:49:21
  that. And we asked the recommendation
• 2:49:24
  be done. Okay.
• 2:49:27
  So, um Is this something that your
• 2:49:43
  client is your client? May be interested in a treatment
• 2:49:45
  Court tells Me spoke into your client about that.
• 2:49:49
  No, we have not as we could. Be both referred over there.
• 2:49:56
  There's not as much time on her original charge on the 25k case.
• 2:50:00
  However, are the four one zero case, the client's on probation
• 2:50:06
  for possession control substance and that's a charge for high.
• 2:50:11
  Bacc at a point 184 that is one of the conditions that to
• 2:50:16
  possess the consume any alcohol or drugs, unless prescribed and
• 2:50:22
  You know, is that? You're right.
• 2:50:26
  I think that she is been going over.
• 2:50:30
  Probation here with this court. Regarding the original matter.
• 2:50:35
  She's also been very cooperative and understanding that I've
• 2:50:41
  spoken to this. I'm sorry to shine.
• 2:50:44
  Previously been the violation as well as the deception was
• 2:50:52
  provided to me. Anymore, most stuff.
• 2:50:56
  She's got an job. I feel that if this one time
• 2:50:59
  you're on I don't think that. she realized is that you cannot
• 2:51:07
  use any type of mindful and Stuff.
• 2:51:12
  And she's everything she's supposed to.
• 2:51:18
  Respect to be with other than picking up the new case.
• 2:51:22
  And I understand that I'm not thinking of that.
• 2:51:25
  I don't see this or not. The specialty Court could be.
• 2:51:31
  Hoping to be subscription. Okay?
• 2:51:33
  And yes, I mean given that your clients on probation for
• 2:51:37
  possession charge and then she picks up a high BAC charge.
• 2:51:40
  I thought that perhaps there might be something that she
• 2:51:43
  wanted to explore regarding, you know, sobriety important.
• 2:51:47
  But Okay. As to this, let's handle the
• 2:51:55
  sentencing first. Um, As to the PSI council, do
• 2:52:01
  you have an opportunity to review the PSI with your
• 2:52:06
  clients? That's Corrections deletions of
• 2:52:09
  corrections. Made of this point.
• 2:52:11
  As we report indicates, she's presently employed at executing
• 2:52:18
  being funds and Southfield as well like insurance agent.
• 2:52:23
  That's a new job that she's been with.
• 2:52:25
  No, thank you. So approximately, she's trying
• 2:52:31
  to better herself, taking all steps necessary, the evil, all
• 2:52:36
  that she's been clean under probation office or the old
• 2:52:40
  violation of the word. She's not missing tests.
• 2:52:43
  She's not tested positive for you.
• 2:52:46
  Back before substance she's on an alcohol tether just point and
• 2:52:50
  there have been no violence on that as well.
• 2:52:54
  Risk. It recommendation.
• 2:52:56
  We've got the And so, tell me about your
• 2:53:19
  warrants ma'am. The words that I have through,
• 2:53:22
  why not still? I've been working on an
• 2:53:25
  organized for my information fees and hanging off those as
• 2:53:29
  quickly. As much as I can.
• 2:53:36
  What's the status of your driver's license?
• 2:53:37
  It's currently, it's valid, but it's restricted due to the
• 2:53:42
  right. Okay.
• 2:53:44
  Well, there are any warrants in why that you have a warrant out.
• 2:53:50
  Nobody for feelings appear for Media fraud sentencing.
• 2:54:01
  Oh, I wasn't. I wasn't aware about me because
• 2:54:04
  I told does I have an eight on 2020?
• 2:54:07
  Oh, you don't remember anything in nobody.
• 2:54:10
  Do you remember pleading to a case in Novi?
• 2:54:12
  You know, I never You never went to court.
• 2:54:18
  No, that's not bad. But I can take care of that too.
• 2:54:23
  If I, you know, all the mountains while the appears to
• 2:54:26
  be you you don't remember being charged for shoplifting from
• 2:54:31
  2018. Know, I never went to.
• 2:54:35
  I never went to work. Well, it clears that you didn't
• 2:54:41
  appear for sentencing. So, at some point you must have
• 2:54:43
  attended Court. I'm guilty.
• 2:54:47
  Right now. Okay, and then you also have won
• 2:54:53
  out of the 34th District Court. For.
• 2:54:59
  Something from Van, Buren Township.
• 2:55:02
  Here for driving license suspended.
• 2:55:15
  So let me be too warrants, not three.
• 2:55:41
  If you're a test right now, me and what's on?
• 2:55:45
  What's in your system? Nothing
• 2:55:59
  And how was your son, seven? Yes.
• 2:56:01
  Okay. Well, you really need to get all
• 2:56:05
  these taken care of ma'am because you certainly don't want
• 2:56:08
  to be arrested when you have your son in the car, right?
• 2:56:12
  So, All right. Yes to the charge of operating
• 2:56:18
  on visibly impaired, the courts, going to finding after hearing
• 2:56:22
  from Council hearing from Miss Williams review.
• 2:56:23
  The report, the recommendation that there is reasonable grass
• 2:56:26
  Department. I'm still 769.5 the courts were
• 2:56:29
  all so ordered the following sentences, the best interest of
• 2:56:32
  Justice, his reasonable and proportion to the seriousness of
• 2:56:35
  the matter. Taking into account the
• 2:56:37
  circumstances surrounding Miss weaning.
• 2:56:44
  The Court's going to order 18 months probation, you're
• 2:56:48
  eligible for early discharge, I'll go over that shortly.
• 2:56:50
  Some of these are going to sound familiar, since you're currently
• 2:56:54
  affirmation, the court substance you to some of that already.
• 2:56:58
  Not to buy any criminal law of any of government.
• 2:57:00
  You're not to lead the state of the court, you are to report.
• 2:57:03
  Truthfully information, officer is often information.
• 2:57:06
  Officer may require whether in person writing a virtually.
• 2:57:09
  You're notified of probation, officer, immediately many change
• 2:57:12
  in address or employment status. You're not using the alcohol or
• 2:57:15
  drugs unless prescribed to be subjected to random testing the
• 2:57:18
  rehabilitation goal for that condition.
• 2:57:19
  So the court can manage your progress to maintaining apps and
• 2:57:22
  sobriety the Court's going to order you to participate in our
• 2:57:25
  patient substance use counseling three goal from that condition
• 2:57:28
  so you can have a systems and providing coping mechanisms so
• 2:57:31
  you can maintain sobriety groups.
• 2:57:34
  The courts are all ready to participate in the MADD Victim
• 2:57:37
  Impact Panel, the rehabilitative goal for that condition is you.
• 2:57:40
  So you can further increase your understanding of the dangers of
• 2:57:43
  driving under the influence and the consequences of such
• 2:57:46
  Behavior here to participate in the fan meetings once per month,
• 2:57:49
  the rehabilitation goal for that condition.
• 2:57:53
  So you can have additional support.
• 2:57:55
  Maintaining sobriety as well as recovery.
• 2:57:57
  Resources, the courts were also order seven days on the court
• 2:58:00
  Workforce. The rehabilitative goal for that
• 2:58:02
  condition. So you can further develop life
• 2:58:04
  skills to get back to the community and you are to clear
• 2:58:06
  up your warrants. And any questions as far as
• 2:58:11
  those conditions. What's going to order a dollar
• 2:58:18
  fine? 100 dollars, screening
• 2:58:19
  assessment fee. Hundred dollars supervision
• 2:58:23
  oversight feed. That's $50 a month at 18 months
• 2:58:25
  and since eligible for early discharge up to half of that
• 2:58:28
  could be waived. 300 dollars, the cost, prosecution and crime,
• 2:58:32
  victim assessment, they have 75 dollars.
• 2:58:33
  Justice system assessment via 50 dollars.
• 2:58:35
  Workforce is 280 dollars. That's five fifty dollars a day,
• 2:58:39
  $40 a day at 7 days. Virtual 2005 dollars.
• 2:58:59
  You did post a bond so you can apply that Bond.
• 2:59:02
  You can work out a payment plan through probation.
• 2:59:04
  And I did indicate your eligible for early just charged.
• 2:59:07
  As long as all the following apply, you completed at least
• 2:59:10
  half of your original term or probation operates.
• 2:59:13
  The requirements have been completed.
• 2:59:14
  You've had at least three months without any violations of money
• 2:59:17
  seven paid in full or even good faith payment for making full
• 2:59:23
  payment. so, let's handle the probation violation now.
• 2:59:29
  Please raise your right hand. You saw me swear or from the
• 2:59:31
  testimony about giving this man be the truth.
• 2:59:33
  The whole truth nothing but the truth?
• 2:59:34
  Yes. And you heard the allegation
• 2:59:38
  ma'am, and yes to the allegation that you violated probation with
• 2:59:44
  your charge you. Were just sentenced on how do
• 2:59:49
  you sleep? It's you've got over your advice
• 2:59:53
  of Rights for probation violation purposes.
• 2:59:55
  Correct. Yes.
• 2:59:56
  And you understand all of those rights?
• 2:59:58
  Yes. You also understand by entering
• 3:00:01
  into play that you'll be waiting some of those rights.
• 3:00:03
  It's You understand the possible penalty as a result of you,
• 3:00:11
  please? The recommendation is for you to
• 3:00:14
  continue and complete options. Are probation have under
• 3:00:17
  advisement, sanitary, vote, pay a $50.
• 3:00:21
  He and additional Workforce days increased testing and 10 days,
• 3:00:26
  jail. You understand the next
• 3:00:28
  documentation? Knowing all of that you want to
• 3:00:34
  continue with your plea? Yes, has anybody promised you?
• 3:00:38
  Anything threatened, you or coerce to in any way for you to
• 3:00:41
  enter into a plea? I'm sorry.
• 3:00:43
  No, right calcium. You can please order your
• 3:00:45
  client. Thank you Ms. Williams, you
• 3:00:47
  replaced on probation to this court?
• 3:00:49
  Is that correct? Yes.
• 3:00:50
  And one of the terms and conditions of probation were
• 3:00:53
  that you were not pick up any new mattress.
• 3:00:56
  Is that correct? Yes.
• 3:00:57
  And in fact, you don't pick up another matter and it was
• 3:01:01
  actually in this court as well. Isn't that correct?
• 3:01:04
  Yes. That's why Germany.
• 3:01:07
  The court is also satisfied the police knowing volunteering
• 3:01:10
  factually accurate and not only we not to get violently criminal
• 3:01:15
  government, but you also were not to possessive in so many
• 3:01:19
  alcohol or drugs that were not prescribed.
• 3:01:21
  Correct? Yes.
• 3:01:22
  All right. The court does finally is,
• 3:01:26
  knowing volunteering, factually accurate, the court will accept
• 3:01:29
  your plea to the probation violation, Council asks to the
• 3:01:33
  recommendation other than people over under advisors status.
• 3:01:38
  I have discussed about recommendation with her.
• 3:01:41
  She understands this severity of what occurred and we were asking
• 3:01:47
  me to recommendation be adopted except for the fact that she
• 3:01:54
  loses her license status. There is no and we've indicated.
• 3:01:58
  There was no she picked up in, okay, which dealt with Alcohol,
• 3:02:07
  and I agree. Ah, she has been going to her
• 3:02:11
  classes, she can take care of all this.
• 3:02:16
  On that letter, she been on an alcohol to other for peers of
• 3:02:19
  time. Okay.
• 3:02:22
  Do not lose your under advisement status.
• 3:02:26
  At this point in time, why not? Because you're on this was a
• 3:02:32
  swift sheet. I'm being punished for her
• 3:02:36
  construction about as well, and for those reasons, you're on.
• 3:02:41
  Peaceful, even do a greater. As you've heard are driving
• 3:02:49
  privileges are restricted to from Court Etc.
• 3:02:52
  And If this. Under advisement status is
• 3:02:58
  revoked. Then she will, then be should be
• 3:03:04
  losing their driving privileges for a period of time because
• 3:03:06
  this was a totally related that's all and He just got a new
• 3:03:12
  job. She has children to change child
• 3:03:15
  that she has to take care of and the loss of her license at this
• 3:03:20
  point in time. But only create, it's her own
• 3:03:24
  fall further, hardships to successfully completing both
• 3:03:30
  terms Okay. So let me ask a few questions.
• 3:03:34
  Miss means you recall, it sentencing on your possession.
• 3:03:39
  Charge that there would be mandatory jail for any
• 3:03:42
  violations, correct? Yes, I do not.
• 3:03:44
  And if you receive that in your written order of probation, yes.
• 3:03:51
  and, I also understand that you lost the other job when you were
• 3:03:58
  in custody, correct? Yeah.
• 3:04:00
  So the knowing all of that Ma'am.
• 3:04:02
  Why would you risk any of that? In violate probation.
• 3:04:10
  Yeah, and I just don't I really don't want to lose their wasn't
• 3:04:14
  my question. That wasn't my question.
• 3:04:18
  My question is, why would you jeopardize that?
• 3:04:24
  I'm definitely made a mistake. I didn't mean what happened
• 3:04:31
  again. I don't open up here again.
• 3:04:33
  I don't want to do this again at all and I am I don't want to
• 3:04:37
  lose about that. I have.
• 3:04:38
  No, it is very good. So good job.
• 3:04:40
  It's good people. Good pain.
• 3:04:42
  I want to pay my fans to the motor and all.
• 3:04:44
  That's great. Yeah.
• 3:04:45
  But you're still not answering this Court's question.
• 3:04:48
  Why did you jeopardize? Your status.
• 3:04:54
  And violate probation. And you didn't just wasn't just
• 3:04:58
  a slip, right? Because you consumed a lot of
• 3:05:01
  alcohol. You were 0.18, something.
• 3:05:05
  That's a lot of alcohol. it isn't just one slip where you
• 3:05:08
  forgot to call for drug testing, or, you know, You're?
• 3:05:14
  You had a sip of somebody's drink or something like that you
• 3:05:17
  consumed a lot of alcohol, right?
• 3:05:19
  You mean the conscious choice? To violate this Court's order.
• 3:05:28
  And jeopardize your freedom. Why would you make that choice
• 3:05:32
  to jeopardize your freedom? because I was, I don't really
• 3:05:36
  have a better reason other than I was just being stupid. and I
• 3:05:40
  plan on giving it again, but I was it was very stupid and I was
• 3:05:43
  just not a good place and being stupid.
• 3:06:01
  Or your various officer has a much more bleeding heart that I
• 3:06:04
  do, because your probation officer.
• 3:06:07
  Is recommending to suspend the jail?
• 3:06:09
  Yeah. Despite this Court's order
• 3:06:18
  indicating mandatory jail for any violation?
• 3:06:21
  And I also when I sent it to me, ordered you to clear up your
• 3:06:25
  warrants. And we're nine months into your
• 3:06:29
  probation and you haven't done that yet either?
• 3:06:31
  Yeah, I wasn't aware. That was to hear about one for
• 3:06:35
  sure. I got the Allen Park one Stadium
• 3:06:36
  here of I know that was some of the ones I had and I may be her
• 3:06:40
  one I can do as soon as I get paid again.
• 3:07:07
  If you're a test right now, what's in your system?
• 3:07:22
  Is it just you and your son that live at home?
• 3:07:24
  Yeah. yes, it's the court was suspend your 10
• 3:07:40
  days jail. You are to have a digital days
• 3:07:45
  on the workforce. You're to increase your testing.
• 3:07:50
  You currently have a tether. Operation violation fee.
• 3:07:59
  You'll continue and complete, all terms of probation.
• 3:08:17
  The court will continue your honor advisement status at this
• 3:08:20
  point. If you're back in front of this
• 3:08:23
  court, for our violation on, either of your cases, ma'am?
• 3:08:28
  You can. Be sure of one thing. well, two
• 3:08:33
  things you will be serving, jail time and you will be be losing
• 3:08:38
  your under advisors You're going to also order 30
• 3:09:05
  days on the Alcohol tether. so, while it may be ending on the
• 3:09:13
  the matter, you're just sentenced on. you will have it
• 3:09:23
  on the on the probation violation.
• 3:09:36
  I'm not going to add Workforce days.
• 3:09:39
  I'm sorry, I'm not going to add some Workforce days.
• 3:09:42
  Okay, tether and said, thank you increase.
• 3:09:46
  Testing Okay, man, please have a seat.
• 3:10:07
  Probation in the shine will be with you shortly.
• 3:10:09
  Thank you. Let's go off the record for a
• 3:10:13
  moment. Hmm.
• 3:10:29
  Okay friends. I was just getting stuff
• 3:10:30
  arranged here because while this hearing was going on, so in
• 3:10:37
  Wade, Mercer's court and we'll go back to it, they come back.
• 3:10:39
  Yeah. Okay.
• 3:10:41
  Hush up. They, they come back from break
• 3:10:44
  but then he actually cuts the feed for a minute.
• 3:10:48
  It looks like and then restarts it.
• 3:10:51
  So anyways, we're gonna pick up When they come back from breaks,
• 3:10:55
  see what the cutting of the feed was all about and then we'll go
• 3:10:58
  to the fresh one that he's got. So again, back to the judge
• 3:11:02
  Mercer trial. This place is warm in here.
• 3:11:22
  Or back on record, everyone's back in the courtroom, except
• 3:11:24
  the jury. We got Mr. Mitchell Mr. Jill Mr.
• 3:11:27
  Right Daniel Mr. Fat. So miss Pratt.
• 3:11:29
  That's well, it's the two ladies on the second row over here.
• 3:11:33
  You're distracting me and the jury by your head movements and
• 3:11:36
  shaking your head. I couldn't care less if you
• 3:11:38
  disagree with something a witness says, you can't be
• 3:11:41
  demonstrative in that disagreement to the extent that
• 3:11:44
  you are distracting those of us trying to pay attention.
• 3:11:46
  So, young lady on the right here, I think the beta packs
• 3:11:49
  said something to you. The first time it happened
• 3:11:51
  during Mr. Mitchell's opening statement and Miser if you
• 3:11:53
  disagree with them, that's fine. But you can't be making all
• 3:11:56
  these head gestures and hand gestures.
• 3:11:58
  It's very distracting so try to watch that please.
• 3:12:00
  Mr. Mitchell are you ready to bring the jury back in very
• 3:12:04
  briefly? Very briefly?
• 3:12:07
  Do you there was a an issue with the video judge?
• 3:12:11
  I think that we might expedite something.
• 3:12:12
  At the court, wanted to hear this.
• 3:12:14
  We have a remedy to kind of help the court.
• 3:12:16
  So tell me what the issue is and what this is harp on the issue.
• 3:12:21
  When it came to the edited version showing the interior,
• 3:12:25
  the house we have three steel shot, that accurately represents
• 3:12:30
  the body camera that the state Intends on playing that shows
• 3:12:34
  the interior of the house, if that would help the Court.
• 3:12:36
  Decide on, you know, I think the objection by defense is very
• 3:12:40
  narrow. He doesn't like the condition of
• 3:12:41
  the home. We have photographs taken from
• 3:12:43
  the body camera that show the condition of the home at the
• 3:12:46
  core can look at to see who wants to make a room in that if
• 3:12:48
  not, we're having to play the video, we have two videos ready
• 3:12:50
  to go. We have the one that is The
• 3:12:53
  condition, the home has taken out and we have the one that's
• 3:12:54
  ready to go with the home in on the body.
• 3:12:56
  You're asking Jay traditional video that shows the condition
• 3:12:59
  of the home into evidence. Yes.
• 3:13:01
  And your objection. Is that the condition of the
• 3:13:03
  home is unfairly prejudicial. Explain please.
• 3:13:06
  I just don't see no value in the condition of the home.
• 3:13:09
  And that's what they're, I mean, I'm not sending purposely trying
• 3:13:12
  to do it. I guess there's trying to tell
• 3:13:13
  me now that they're going to see where they found the gun at, but
• 3:13:15
  I said, the deputy can tell them where they found the gun.
• 3:13:18
  I don't see the issue of, you know, where he's walking into
• 3:13:22
  the house there. Do you have an objection to me?
• 3:13:25
  Making that rule in with a miscibility of that video based
• 3:13:28
  upon these still photos? Or do I need to see the video to
• 3:13:31
  fairly and actually rule on that pictures and make?
• 3:13:33
  Okay? So let's just gonna show what
• 3:13:34
  the, you know, the house looks like and I just don't want to
• 3:13:37
  embarrass her on YouTube honor and show and that's what most
• 3:13:42
  that's a different issue. Totally, whether we go off
• 3:13:44
  YouTube. For that, part of the video is a
• 3:13:45
  different question. Okay.
• 3:13:46
  So we're going to call these states is if it's number one,
• 3:13:52
  two, and three for identification.
• 3:13:53
  You said three photos? Correct?
• 3:13:54
  Yes. So just for identification
• 3:13:56
  purposes for The Limited purpose of what we're trying to do here,
• 3:14:00
  let me see the pictures. and they were here in the argument
• 3:14:03
  in regards to those pictures since both sides agree that You
• 3:14:08
  don't think that it's important because I guess just say we're
• 3:14:11
  done with the and I'll go ahead and give them that instruction
• 3:14:14
  or when the time comes, if you don't have any objection or not
• 3:14:17
  the standard when it comes to edited recording, okay.
• 3:14:23
  So, on the video, these pictures is just in the background.
• 3:14:26
  Yes. Taking from the body camera that
• 3:14:30
  stay tuned. Okay, so I'm looking at the
• 3:14:34
  three pictures States, exhibits one, two and three for
• 3:14:36
  identification purposes, only not admit into evidence and they
• 3:14:40
  show a home that is I would say mildly cluttered, that's how I
• 3:14:46
  would describe it. They are what they are.
• 3:14:49
  So any further, objection on the record Mr. Mate, Daniel, what
• 3:14:52
  was the purpose of just I want to just, I mean, Played a video.
• 3:15:00
  It shows where the fire. Almost, look at why law.
• 3:15:03
  Enforce the world was sitting, where the back porches in
• 3:15:06
  relation to where the fire was located.
• 3:15:07
  It shows a lot of spatial issues as relevant.
• 3:15:10
  It gives a jury information that they can use while on and Mr.
• 3:15:16
  Anything else? Nothing young.
• 3:15:18
  Overall, the objection based on the video, the photos I've seen
• 3:15:21
  and determine that those photos, as long as they're not, 20
• 3:15:24
  minutes or even 10 minutes of just video in the house and
• 3:15:27
  that's just ancillary or ancillary and it's not a not so
• 3:15:33
  prejudicial or inflammatory that it's going to inflame the jury.
• 3:15:36
  Okay, so any other issues we need to resolve before we call
• 3:15:39
  the jury back in Mr. Mitchell there, anything from the
• 3:15:41
  defense, who is your next witness that's going to get them
• 3:15:44
  in here. Gonna be high Smith, Jacoby
• 3:15:46
  Highsmith, please, Make sure that another jersey in the
• 3:15:55
  restroom, please. Let us know if they're ready.
• 3:16:01
  J. They're all in there.
• 3:16:08
  Go ahead and bring the jury in. Then please, Mr. Hopp Smith just
• 3:16:11
  come up here boss, Sergeant Apple watch.
• 3:16:18
  Just standing right there. Just
• 3:16:37
  You. All right, ladies and we have
• 3:16:42
  our jury back in the jury box. Mr. Mitchell State prepared to
• 3:16:46
  call their next witness. Yes.
• 3:16:47
  You're on a stable College, Memphis to stand at my last card
• 3:16:52
  to play Sean Roth and then we'll get you to have a seat in just a
• 3:16:54
  second. Okay.
• 3:17:01
  Mr. Smith has come on around and have a seat.
• 3:17:05
  I'm gonna ask that you make yourself comfortable.
• 3:17:08
  And get that microphone. See this microphone is probably
• 3:17:11
  within four to six inches of my mouth.
• 3:17:12
  So pull that microphone up to you.
• 3:17:14
  And speak loudly and clearly into the microphone please so
• 3:17:17
  that everyone can hear your answers and Mr. Mitchell's gonna
• 3:17:20
  ask you a few questions first Mr. Mitchell, thank you,
• 3:17:22
  honoring. Can you please state your name
• 3:17:24
  for the Jerry? Jacob and Mr. Hyde Smith, can
• 3:17:28
  you tell us how old you are 14? And are you currently in school?
• 3:17:32
  Yes, sir. What grade seven?
• 3:17:35
  What school do you go to vary? Annotate through it.
• 3:17:37
  Do you live in Mariana? Yes, sir.
• 3:17:40
  Did you live in Maryanne? On November?
• 3:17:43
  18th? 2025?
• 3:17:44
  No. Sir.
• 3:17:45
  What do you know? Just a second?
• 3:17:46
  Let me get y'all to approach, please.
• 3:18:47
  Okay, right there is where he cuts the feed, but he's got
• 3:18:51
  another one. So, we're gonna go back there
• 3:18:54
  and see what we missed. I don't know if maybe it's
• 3:18:56
  because the kids age that he was trying to avoid that testimony
• 3:19:00
  being streamed, or what, no idea.
• 3:19:02
  But right here is where he picks up again.
• 3:19:04
  Site is calling. Deputy Ryan Groban.
• 3:19:07
  If you Grover, if you, please stay in.
• 3:19:09
  Unless, let me get you to raise your right hand or charged
• 3:19:11
  completely under oath. So yeah, based on the fact that
• 3:19:14
  they went right to another witness.
• 3:19:17
  I think that's what happened there.
• 3:19:18
  They cut out the seventh graders testimony.
• 3:19:21
  So there we go. Let's pick up whenever you're
• 3:19:24
  ready to mention. Thank you, your honor morning.
• 3:19:27
  Good morning, please state your name for the record.
• 3:19:29
  Debbie Ryan Grover and Deputy Grover.
• 3:19:32
  Where are you currently employed Jackson County Sheriff's Office.
• 3:19:35
  How long have you been with Jackson County Sheriff's Office?
• 3:19:37
  Probably two and a half years. Do you have any other experience
• 3:19:41
  with law enforcement prior to your service with jcso?
• 3:19:44
  No sir. And back on November 18th of
• 3:19:48
  2025, were you employed with Jackson cashier's office?
• 3:19:52
  Yes, sir. Were you in uniform that day?
• 3:19:54
  Yes. Sir.
• 3:19:55
  Were you on duty that day? Yes.
• 3:19:56
  Sir. And was your uniform equipped
• 3:19:59
  with a recording device or a body worn camera?
• 3:20:02
  Yes, sir. And I'll just ask it.
• 3:20:07
  How did you first become involved in this case?
• 3:20:12
  We received a call from dispatch representing in the area on,
• 3:20:16
  that was in the Birch Street and we're discussion to call myself
• 3:20:20
  and Deputy Swift. Okay?
• 3:20:21
  And you said Burke Street, do you remember the exact address
• 3:20:25
  6931? Burke Street?
• 3:20:28
  And what city was that Grand? Ridge Florida and that's in
• 3:20:31
  Jackson County Florida. Yes sir.
• 3:20:34
  So about what time did you receive this?
• 3:20:37
  Call? Sometime.
• 3:20:39
  After 10 p.m. Were you by yourself?
• 3:20:42
  No, sir. I had deputies with me.
• 3:20:44
  I apologize. You already said.
• 3:20:46
  Um, And you said the complaints were of shots fired in the area.
• 3:20:52
  Yes, sir. So when you arrived at the
• 3:20:56
  residence, who did you first make contact with Christy Joe
• 3:21:00
  for who is Christy Joe bassford? She was a subject that was on
• 3:21:04
  scene sitting in the back of a vehicle in the front yard.
• 3:21:07
  Okay. And was she the one you were
• 3:21:09
  looking for? No, sir.
• 3:21:12
  Um, where was the alleged suspect you were looking for
• 3:21:15
  inside the home? Did you make contact with that
• 3:21:19
  person? Yes, sir. and, Did you find out
• 3:21:26
  her name? Yes, sir.
• 3:21:28
  What was her name? Jeff?
• 3:21:30
  I guess we'll go ahead and ask this question is Jan prevent in
• 3:21:33
  this courtroom today? Yes, sir.
• 3:21:34
  Where is she can you point to her and identifier by an article
• 3:21:38
  of clothing? Yes, sir.
• 3:21:39
  Brother black shirt, red and black jacket looks like plaid.
• 3:21:45
  Yes, sir. And once again, you're on her
• 3:21:47
  with the record reflect when it says, identified the defendant
• 3:21:51
  You don't have to continually do that once the witness does it
• 3:21:53
  for the record. That's sufficient.
• 3:21:54
  You can ask the jury to take notice of it, but the record I
• 3:21:57
  need to reflected anymore. Alright, next question, just
• 3:21:59
  making sure you're on it. Sure.
• 3:22:00
  All right. So upon making contact with Miss
• 3:22:04
  Pratt. What was the first thing you
• 3:22:05
  notice about her? She was still under words
• 3:22:08
  talking a lot. Now, when you say she was
• 3:22:12
  stumbling over her word, what do you mean by that?
• 3:22:15
  She was learning her words. Oh, sorry.
• 3:22:17
  Yes, sir. Sounds are indicative talks
• 3:22:21
  vacation about all And do you have any training when it comes
• 3:22:25
  to? Let me ask you this way.
• 3:22:28
  Have you received any experience and training when it comes to
• 3:22:31
  conduct and DUIs? Nothing further than basic and
• 3:22:37
  they had me. But in the academy, they teach
• 3:22:41
  you how to In the academy. Do they teach you how to examine
• 3:22:46
  and observe signs of intoxication?
• 3:22:48
  Yes or a longwood Center us feels Brody test.
• 3:22:51
  And Did You observe some of these indicators?
• 3:22:55
  Yes, sir. And I think you already
• 3:22:57
  mentioned slurred speech, Did You observe anything else?
• 3:23:01
  Yes, or watery eyes the oldest president?
• 3:23:06
  So, after you make contact with her, what did you do next?
• 3:23:14
  I believe she was attained you detained her?
• 3:23:16
  Oh yes, sir. What was the reason for
• 3:23:18
  detaining her to further investigate?
• 3:23:22
  The crime was there an issue of Officer safety, possibly do the
• 3:23:26
  firearm being associated with the call.
• 3:23:28
  All right. What happened after she was
• 3:23:30
  detained, she was random about, Deputy Swift.
• 3:23:33
  Okay, so you didn't read her her Miranda right?
• 3:23:36
  No sir. But I was present and you heard
• 3:23:38
  you heard her be read the Miranda Rights.
• 3:23:42
  Correct? Yes sir.
• 3:23:43
  And did you hear her acknowledge them?
• 3:23:45
  Yes sir. Did she agree to speak with law
• 3:23:49
  enforcement? and, Well.
• 3:23:55
  What did she say? About the incident after she was
• 3:23:59
  Miranda died. She did admit to find the weapon
• 3:24:05
  stated that she was not scared of the mystical.
• 3:24:12
  Ms Nichols. I'm sorry, Mrs. I'm sorry, my
• 3:24:16
  hearing is kind of bad, so I have to reassure but she said to
• 3:24:20
  you, that she admitted to firing the weapon and that she was not
• 3:24:24
  afraid of Miss Nichols. That's what you said?
• 3:24:26
  Yes, sir. Okay, She tell you what kind of
• 3:24:31
  firearm it was. Not initially, I don't believe.
• 3:24:35
  Did she tell Deputy Swift? Possibly all right, were you the
• 3:24:41
  ones who are the firearm? No.
• 3:24:42
  Sir. Who did retrieve the firearm?
• 3:24:45
  The deputy Swift. Did you wait with Miser vat?
• 3:24:49
  While Deputy Swift. Retrieved the firearm.
• 3:24:52
  Yes, sir. I did, you know where the
• 3:24:53
  firearm was? And so the residents.
• 3:24:56
  All right, so you waited when this per bat while he retrieved
• 3:25:02
  the firearm. Yes, sir.
• 3:25:03
  How long was this? Let's call it one-on-one
• 3:25:06
  interaction that you had when Miss prove that.
• 3:25:10
  Maybe a minute and a half, minute and a half.
• 3:25:12
  Yes, sir. And during these I'm gonna call
• 3:25:17
  92nd staring these. 90 seconds. Did you ask her anything?
• 3:25:22
  yes, sir, I asked her to show me where the truck was and Where
• 3:25:28
  Where Mrs was driving by whenever she fired the weapon
• 3:25:31
  and did she actually show you? Yes, sir.
• 3:25:34
  And And she actually she showed you, did she walk you over to
• 3:25:43
  where it occurred? Yes, sir.
• 3:25:45
  She want me over to the driveway on the side of her house.
• 3:25:48
  Did she tell you where she shot the weapon from?
• 3:25:52
  She said, the back porch, or the back door.
• 3:25:54
  And This entire interaction. The 92nd was captured on your
• 3:26:01
  body worn camera. Correct.
• 3:26:02
  Yes, sir. I mean I approach the witness.
• 3:26:05
  Yes, sir. If you grow over, I'm showing
• 3:26:14
  you. What's been marked as States
• 3:26:17
  exhibit? A Do you recognize what I am
• 3:26:19
  showing you? Yes, sir.
• 3:26:20
  And what is it that I'm showing you the version of my body or on
• 3:26:25
  camera. and have you had a chance to review the contents of
• 3:26:30
  Your body camera. Yes, sir.
• 3:26:32
  And does it fairly inaccurately to pick your interaction with
• 3:26:36
  this for bad on November 18th 2025?
• 3:26:39
  Yes, sir. This time, the state will move
• 3:26:43
  to Interstate 82. It's Mr. Jackson States exhibit
• 3:26:51
  a will be meeting in evidence, Mr. Mitchell, and you're on, her
• 3:26:55
  estate will be requesting for permission to publish.
• 3:26:57
  Right. Here.
• 3:27:26
  Actually, before we play it, we're requesting.
• 3:27:30
  The instruction be read 2.2. Thank you any objection.
• 3:27:33
  This instruction, Mr. McDaniel, members of the jury you're about
• 3:27:37
  to view and listen to a video and audio recording.
• 3:27:39
  The record instruction that the recording has been edited to
• 3:27:42
  eliminate irrelevant portions that were not Aid.
• 3:27:46
  Would not add to your understanding of the case.
• 3:27:48
  The fact of the recording has been edited should not concern
• 3:27:51
  you in any way and must not impact the way you view and
• 3:27:55
  listen to and consider the evidence.
• 3:27:57
  Typically, these recordings may be very long so it's been edited
• 3:28:00
  but the portion that you're not saying are not relevant Mr.
• 3:28:04
  Mitchell, thank you. Yes.
• 3:28:20
  We're getting calls, you know, a bunch of different people.
• 3:28:24
  What people neighborhood? Hey, someone shoot down here,
• 3:28:27
  someone shooting her, right? So so this is what we're coming
• 3:28:30
  from which to make sure that was no intent with it.
• 3:28:33
  It was aimed at anybody you In there.
• 3:28:36
  I would come in here and lock these doors and see stuff in
• 3:28:41
  Christ. You did look crazy.
• 3:28:44
  I can't do one of these doors. I will shoot her.
• 3:28:49
  Understand so we have to, we just have to go through our
• 3:28:51
  processes to make sure no crime was committed and things like
• 3:28:54
  that. Okay, yeah.
• 3:28:54
  Where was she at, when the shot. But she just went down the
• 3:28:58
  bridge she already down there. Yeah, she was back there.
• 3:29:16
  It's like next to you or she already back.
• 3:29:20
  Where was the truck? Was the next to you?
• 3:29:24
  Or was it down here? I understand.
• 3:29:36
  I'm gonna pause it right quick because I want to bring
• 3:29:42
  something to your attention. That driveway right there, that
• 3:29:47
  you can see in your body cam is that the only driveway that you
• 3:29:51
  were able to take to get to miss residence.
• 3:29:55
  To miss prevents. Well, miss I apologize.
• 3:30:00
  Miss nichols' residence. Yes, sir.
• 3:30:02
  And based on your observations of what you experienced that
• 3:30:06
  night and what you see in the body camera, how would you
• 3:30:08
  describe the condition of that road?
• 3:30:09
  Very bumpy and unkept. And we can see what looks like
• 3:30:14
  ditches or maybe divots in the road.
• 3:30:18
  Yes, sir. Okay.
• 3:30:21
  So way down there. Okay, where were you?
• 3:30:23
  Where were you stand? Where were you standing at?
• 3:30:26
  What are you standing that when you shot?
• 3:30:29
  At the back. Door, back back here.
• 3:30:30
  Yeah, okay. Like you said about 90 seconds
• 3:30:41
  that you interacted with her. Yes sir, um, so, after After
• 3:30:50
  your 90, second interaction with Miser vat.
• 3:30:55
  Did you continue asking her questions?
• 3:31:01
  I can't recall. What about Deputy Swift?
• 3:31:04
  Yes, sir. Okay, so I guess it's your
• 3:31:07
  testimony. That after that, Deputy Swift
• 3:31:09
  took back over. Yes.
• 3:31:11
  Or anything. Been a big game.
• 3:31:13
  Questioning her about the firearm and ammunition, and you
• 3:31:15
  were with swift the entire time. Yes, sir.
• 3:31:18
  Did you collect any more statements?
• 3:31:21
  No sir, but Deputy Swift in. All right.
• 3:31:24
  And you know, making contact with Ashley Nichols, correct?
• 3:31:29
  Yes, sir. We did was Swift also the one
• 3:31:31
  that made collected these statements.
• 3:31:33
  Yes, sir, he was all right, and after, after Swift collected
• 3:31:41
  statements from Ashley Nichols, that that conclude Your
• 3:31:47
  involvement in the investigation.
• 3:31:48
  Yes, sir. All right, just moment.
• 3:31:52
  Apologize. Thank you, Mr. Mitchell Mr. My
• 3:31:57
  Daniel Interesting, I guess.
• 3:32:14
  Yes, sir. It was there anything that made
• 3:32:19
  you to believe that she used the weapon in a reckless manner?
• 3:32:23
  She said, she told you that she pointed up there and shot, it
• 3:32:26
  was anything different than that.
• 3:32:28
  Other being intoxicated. No sir.
• 3:32:31
  Okay, other her being intoxicated but she was able to
• 3:32:34
  hold the weapon and chewed it up in the air by all counts.
• 3:32:37
  And yes, she may have been drinking.
• 3:32:40
  I understand that. But it's not a legal to have a
• 3:32:45
  weapon and drink it. Okay, you cannot fire it.
• 3:32:49
  And while you're intoxicated, that's not actually true.
• 3:32:53
  But is it? You had to be your normal
• 3:32:57
  faculties are impaired. Yes, sir.
• 3:32:58
  Okay, so did you do any? Do you know what her normal
• 3:33:02
  faculties are? No, sir.
• 3:33:04
  Okay. So it's agreed.
• 3:33:06
  You'd have a hard time. Determining.
• 3:33:07
  If her normal facilities may have been impaired, if you don't
• 3:33:10
  know what a normal faculties are possibly.
• 3:33:12
  Um, You don't know her medical history is that would be
• 3:33:16
  accurate to say you didn't ask me any questions, but she had
• 3:33:19
  diabetes. Yeah, he asked me those half a
• 3:33:22
  questions or any kind of do we kind of do you its to see if she
• 3:33:25
  how much alcohol was in her? That's her.
• 3:33:27
  We did not. Um, He?
• 3:33:32
  I know she was very excited and probably come across that way.
• 3:33:34
  You might surprise you that she's like that all the time.
• 3:33:37
  I suspect you may not know that what she very Cooperative.
• 3:33:44
  Yes, sir. Assistant you in every way she
• 3:33:47
  could yes sir. We asked if we could retrieve
• 3:33:50
  the firearm from the house and she stated, we could do whatever
• 3:33:52
  we wanted there. Sometimes in the legal
• 3:33:54
  Community. We look for magic words and
• 3:33:55
  you're in the legal Community. When someone says, they're not
• 3:33:58
  afraid for the life, that means you at that point in time, you
• 3:34:00
  kind of take off. You take off the burden of
• 3:34:03
  basically. He has to defense.
• 3:34:04
  Is that correct? And she said that she wasn't
• 3:34:07
  scared of her. Yes, sir.
• 3:34:10
  Okay, so when you got there, her door was locked.
• 3:34:14
  Was wasn't there? Yes.
• 3:34:15
  Sir. It was.
• 3:34:15
  You would have no idea whether she normally lost her door is
• 3:34:18
  not, would you correct? And your experience and you as
• 3:34:26
  you were, you and her, did she looks scared?
• 3:34:29
  No, sir. She looks scared of all that's
• 3:34:32
  her. She sounds scared.
• 3:34:33
  No, sir. She's none of those things.
• 3:34:36
  We just watched any kind of she mentioned to you about the nits.
• 3:34:40
  It happened a week prior to. Did you hear that?
• 3:34:42
  Yes, sir. And you kind of brushed it off
• 3:34:45
  because she had said, she wasn't scared.
• 3:34:46
  Is that being accurate description?
• 3:34:48
  I can't recall. Okay.
• 3:34:50
  So you didn't take into account. Either those things that
• 3:34:53
  happened, prior then did you Nicer.
• 3:34:56
  Um, again, is it Reckless to hold a gun up in the air and
• 3:35:00
  shoot it up in there? I guess just a lot of police
• 3:35:06
  officers being in jail. I think we agree with that.
• 3:35:07
  Correct. I guess just depends on
• 3:35:09
  circumstances since I'm circumstances.
• 3:35:10
  Okay. I have any other questions.
• 3:35:15
  Thank you. Thank you, Mr. McDaniel, Mr.
• 3:35:17
  Mitchell, any redirect. Stephanie Grover, you said you
• 3:35:25
  received your training when it comes to determining signs of
• 3:35:30
  impairment in the academy, correct?
• 3:35:32
  Yes sir. Does the academy teach you how
• 3:35:35
  to See if normal faculties are impaired.
• 3:35:41
  To look for certain indicators, such as staring at Speedway
• 3:35:46
  maintaining balance, watery eyes bloodshot, us things of that
• 3:35:50
  nature, and those indicate and based on your training
• 3:35:53
  experience, those indicators play a factor in determining
• 3:35:56
  whether or not normal. Faculties are impaired.
• 3:35:58
  Yes, sir. And based on your training
• 3:36:02
  experience and your interaction with prevent that night did
• 3:36:06
  appear to you her normal faculties were impaired.
• 3:36:08
  Yes, sir. Right.
• 3:36:10
  Um, let me ask you about this. I believe, Mr. Daniel asked you
• 3:36:18
  if it's Reckless to fire a weapon in the air.
• 3:36:25
  Briefly, can you tell us what the dangers are a firing a
• 3:36:29
  weapon in the air. What goes up must come down.
• 3:36:32
  Simple way to put it and is, is it Reckless to fire a weapon in
• 3:36:37
  the air? While you're normal?
• 3:36:39
  Faculties are impaired, yes, or and there was another individual
• 3:36:42
  home scene in the same residence and who was that individual
• 3:36:47
  again, Christie Joe best for Just moment, you're on.
• 3:37:02
  Finally is it Reckless to fire a weapon in the middle of the
• 3:37:07
  night when there's no light source around you?
• 3:37:11
  Yes sirs not common. For the questions here.
• 3:37:19
  Thank you, mister McDaniel. what's Reckless about shooting
• 3:37:22
  weapon at night time, I just Sorry, I can't hear you.
• 3:37:31
  Is that acting Reckless shooting weapon and not time to receive
• 3:37:35
  your surroundings at night to be aware of where the bullet may
• 3:37:38
  fall. So once you just weapon in that
• 3:37:40
  time is reckless. Yes, it could be.
• 3:37:46
  So again I'm gonna go back to you questions about training and
• 3:37:49
  stuff you know, not a doctor or you sir you not a doctor or you
• 3:37:53
  a doctor. Yes sir.
• 3:37:55
  And you didn't ask me questions about what kind of medical
• 3:37:58
  conditions that might be causing that that's her.
• 3:38:00
  Take a look at it, real close knives right now.
• 3:38:06
  She's got, she has watery eyes, same things that you say, it
• 3:38:10
  could be because of the tree a tree, you'll fabulation just a
• 3:38:15
  heart failure, high blood pressure diabetes, either those
• 3:38:18
  things could be causes of that. I want to work, you know, doctor
• 3:38:22
  you're not sure. Okay, he's not a doctor.
• 3:38:25
  That's what I'm getting to, okay?
• 3:38:27
  So, sustained objection when Mr. Daniel so But you didn't ask
• 3:38:33
  about either things or did you know, sir, okay, um, and you
• 3:38:36
  didn't do any kind of tested on her to see if she normal
• 3:38:39
  factories, repaired not, sir. We don't typically conduct
• 3:38:42
  standardized philosophy test on a scene, other than a DUI.
• 3:38:46
  Now, She seems to be. I mean, I watched the entire
• 3:38:52
  video and I mean I don't want to make the dream in Washington
• 3:38:55
  Tire. Go through everything but she
• 3:38:57
  never falls down. I don't ever see her.
• 3:38:58
  They mention that she was waiting.
• 3:39:00
  I mean I you know for now for 60 I didn't see her swaying.
• 3:39:03
  I mean it was just she had her back and she was still able to
• 3:39:07
  walk out into the yard and walk around.
• 3:39:08
  Did you fall down on? You need one time no, she did
• 3:39:11
  not. So So, her normal faculties
• 3:39:15
  would be able to walk tall. You said she was flirting could
• 3:39:21
  hurt just a heart failure. Yeah.
• 3:39:25
  Also affected unless you can show a basis of the end even
• 3:39:29
  those the facts of congestive heart failure.
• 3:39:31
  He can't answer that question unless you establish a basis
• 3:39:33
  first. Next question So you really this
• 3:39:43
  whole church is based on the yellow smelled, alcohol.
• 3:39:45
  One of the charges. Okay?
• 3:39:47
  Thank you. Everything else.
• 3:39:50
  Thanks witness Mr. Anything else from this witness, Mr. Mitchell
• 3:39:52
  there. Okay, I can, my Deputy grower be
• 3:39:55
  released so maintain a recall him.
• 3:39:58
  Possibly, if you go over your throw your test.
• 3:40:00
  One is complete your free to leave and get back to the office
• 3:40:03
  if you're working today. If we also pray to watch the
• 3:40:05
  rest of the trial, if you want to, you're not going to be
• 3:40:06
  recall. Have a good day sir.
• 3:40:07
  Yes sir, thank you, thank you next witness Mr. Mitchell your
• 3:40:10
  next witness will be Deputy Michael Smith.
• 3:40:28
  We're gonna ask our Deputy clerk to place you under oath and then
• 3:40:32
  we get you to have a seat. Just a moment.
• 3:40:42
  Please have a seat in that witness stand.
• 3:40:44
  Make yourself comfortable. And Mr. Mitchell's going to ask
• 3:40:48
  you some questions first, Mr. Mitchell.
• 3:40:54
  Could you state your name for the record?
• 3:40:56
  Michael Swift? And where are you currently
• 3:40:59
  employed, the Jackson County Sheriff's Office.
• 3:41:01
  How long have you been employed with?
• 3:41:03
  I'm gonna call him Jason. So yes, sir.
• 3:41:06
  About four months. Now, do you have any other
• 3:41:09
  experience in law enforcement prior to your service with jcso?
• 3:41:13
  I do. Yes, sir, I worked at the Panama
• 3:41:15
  City Beach, Police Department for a year and the Gulf County
• 3:41:17
  Sheriff's Office for two years, okay?
• 3:41:19
  And back on November 18th of 2025, were you employed with
• 3:41:24
  jcso. I was just her and staying your
• 3:41:28
  questions. Were you on duty that day?
• 3:41:29
  I was, yes, sir. Were you in uniform that day?
• 3:41:31
  Yes, sir. And was your uniform equipped
• 3:41:34
  with a body camera device? Yes, sir, it was.
• 3:41:37
  All right. So, how did you first become
• 3:41:41
  involved? In this case, we received a call
• 3:41:45
  service reference to show us fired in a residential area in
• 3:41:48
  6000 block of Berkeley. You said Birch Street, you
• 3:41:52
  remember the exact address? 6934 is what is in the cat?
• 3:41:58
  All right. And what city is that in Grand
• 3:42:02
  Ridge? And is that in Jackson County,
• 3:42:04
  Florida? It is just What time does this?
• 3:42:09
  Complaint coming in. We've pulled the report a
• 3:42:13
  responded that's 10:33. P.m. looks like the call came in
• 3:42:18
  at 10:30 p.m. and I see that you have your report there in your
• 3:42:21
  referencing, okay? so, Once again, what were the
• 3:42:28
  complaints in regard to shots fired and a residential area
• 3:42:32
  allegedly toward individuals? and, Did you make your way to
• 3:42:38
  Burke Street? I was writing passenger and
• 3:42:41
  Deputy Grover vehicle. I was in field training at the
• 3:42:44
  time and he was my fto. Okay.
• 3:42:45
  What's fto again field? Training officer okay. and, When
• 3:42:51
  you got to the residence, who did you make contact with
• 3:42:54
  initially? Deputy Governor.
• 3:42:57
  And I made contact with Miss Jen, prevent at the front door
• 3:43:00
  knocking on the door. Oh, I'm sorry.
• 3:43:03
  If I interrupt. Yeah.
• 3:43:04
  So when you made contact with Miss preved, what was the first
• 3:43:11
  thing he noticed about her? She appeared to be both
• 3:43:14
  distraught and in compared. You say impaired how can you
• 3:43:18
  tell she was impaired? There were multiple indicators
• 3:43:21
  of impairment that, I'm trying to detect the DUI training that
• 3:43:25
  I can. However, during the call for
• 3:43:27
  service, when I was speaking of his preview, at the red, watery
• 3:43:31
  bloodshot eyes, the very, very distinct odor of alcohol coming
• 3:43:36
  off. The breath.
• 3:43:37
  The way, she was telling her stories was very sick, and
• 3:43:41
  nature. She would repeat herself for
• 3:43:43
  making the same statements repeatedly.
• 3:43:46
  It and I'm just appearing, intoxicated.
• 3:43:49
  And you said, you've had training in DUIs before, but is
• 3:43:55
  it extensive training that you've had more extensive than a
• 3:43:59
  standard Patrol? Deputy would have?
• 3:44:01
  Yes, sir. And what do you get from that
• 3:44:03
  training when it comes to DUI cases?
• 3:44:07
  I have been through a secondary DUI training and then, on top of
• 3:44:12
  that I've been through What's called the advanced roadside
• 3:44:14
  impaired driving enforcement course, and that is a step above
• 3:44:19
  just standard detection of a regular DUIs, it gives you more
• 3:44:22
  hands-on experience. You do more wet Labs with more
• 3:44:27
  impaired individuals at different levels and it helps
• 3:44:31
  you detect when somebody's normal faculties are impaired
• 3:44:34
  throughout a typical conversation with an individual
• 3:44:37
  and based on your training experience.
• 3:44:40
  How would you just describe Miss Pratt's, normal faculty on
• 3:44:45
  November 18th, on that night, she definitely impaired.
• 3:44:50
  She make contact with her. What do you do next?
• 3:44:55
  Deputy Grover initiated the detainment, but we detained her
• 3:45:00
  with hand restraints. Just do the nature of the call.
• 3:45:02
  He said, dude, in the nature of the call was that a safety
• 3:45:06
  concern? It was, it was for seeing
• 3:45:08
  officer and her own safety giving the nature of the call
• 3:45:11
  service, okay? So, what do you do after?
• 3:45:14
  She gets detained, if I recall correctly, I immediately read
• 3:45:19
  her her Miranda rights from a pre-printed card as she was now
• 3:45:23
  in our custody. And I was going to ask some
• 3:45:25
  questions. That would potentially
• 3:45:26
  incriminate her. Do you have that pre-printed
• 3:45:28
  card on you? I do.
• 3:45:29
  Yes, sir. If you don't mind.
• 3:45:31
  Could you please show up for the jury?
• 3:45:35
  And that's the pre-printed card you read to miss privets.
• 3:45:38
  It is and after you read her her Miranda rights, did she
• 3:45:42
  acknowledge and understand them. And did she agree to speak with
• 3:45:46
  you? Yes, or she did.
• 3:45:47
  Okay. So Coast.
• 3:45:50
  Miranda. What did you ask her after?
• 3:45:53
  I can't remember my exact wording.
• 3:45:56
  But basically if she had fired the firearm and what did she
• 3:45:59
  say? She told me she fired the
• 3:46:02
  firearm in the air. Just in the air.
• 3:46:04
  Yes sir. Did she tell you what kind of
• 3:46:06
  weapon it was? She used.
• 3:46:07
  Oh when I asked if the firearm was in the house she referred to
• 3:46:11
  her 38 and told me it was on the kitchen table.
• 3:46:13
  He said 30 a is that a what kind of gun is that?
• 3:46:17
  It is a revolver, okay? And The jury May understand how
• 3:46:25
  it is but for those that don't, how is a revolver different from
• 3:46:29
  like a standard semi-auto. Pistol revolver is different in
• 3:46:33
  the sense that you have to manually reload.
• 3:46:36
  After you have shot a standard semi-automatic Firearms, such as
• 3:46:40
  what we carry on law enforcement.
• 3:46:41
  When you fire around it automatically ejects, the spent
• 3:46:45
  casing onto the ground when you fire.
• 3:46:47
  You can fire all of the live rounds out of that weapon and
• 3:46:50
  all of the spankings will still remain in the weapon until you
• 3:46:53
  manually open the cylinder and remove those casings.
• 3:46:56
  All right. And did she tell you where her
• 3:46:59
  38 revolver was? Yes, sir.
• 3:47:01
  And where was it on the kitchen table?
• 3:47:05
  Did you ask her if she had reloaded it?
• 3:47:08
  Or you know, I did yes sir. What did she say to that?
• 3:47:12
  She wasn't sure. She didn't know and she gave me
• 3:47:16
  multiple answers in regards to that question.
• 3:47:17
  He said multiple answers. What is she?
• 3:47:19
  So she said, I don't know it first what she say after that.
• 3:47:23
  I don't know maybe so she couldn't give you a straight
• 3:47:27
  answer. Yes, sir. so, did you ask her
• 3:47:35
  about? The other person involved in the
• 3:47:39
  incident. I would have to refer back to my
• 3:47:45
  buddy can put it. I don't explicitly recall asked
• 3:47:48
  her about the complainant, but I believe I asked her.
• 3:47:51
  What why the incident transpired?
• 3:47:52
  Did you mention a person by the name of Ashley Nichols to her?
• 3:47:58
  Yes. Yes, I did.
• 3:47:59
  And did she tell you who Ashley Nichols was I don't remember the
• 3:48:04
  exact type of Ken but she did she was a family member, okay?
• 3:48:09
  And did she say anything about Ashley Nichols?
• 3:48:15
  She claimed she was on probation.
• 3:48:18
  She used some vulgar language and stated that.
• 3:48:24
  That Miss Nichols. She she was referring to Prior
• 3:48:28
  incidents stating that about a week prior, I guess law enforce
• 3:48:32
  was contacted and she wanted Mrs, roof from the trailer, she
• 3:48:36
  was staying in. Did she tell you about?
• 3:48:38
  If she was afraid of Miss Nichols on the contrary, she
• 3:48:43
  actually said that she was not afraid of Mrs. She said she was
• 3:48:46
  not afraid, correct? All right, so you get these
• 3:48:52
  statements out. Did you.
• 3:48:55
  And after that, did you go and retrieve the weapon I did?
• 3:48:59
  After obtaining consent from this pre bet to enter a
• 3:49:02
  residence. She gave you consent to enter
• 3:49:04
  the residence? Yes, sir.
• 3:49:05
  Where was the weapon located? The farm was located in a
• 3:49:10
  multicolored bag and it appeared to be like a hygiene bag and
• 3:49:15
  that was sitting on the kitchen table.
• 3:49:17
  When did you check and see if it had ammunition in it?
• 3:49:20
  Yeah. That was the first and foremost
• 3:49:22
  thing that I did. And I noticed that all of the
• 3:49:24
  ammunition in the firearm was live.
• 3:49:26
  It had not been shot. Did you find any spent shell
• 3:49:29
  casing? I did.
• 3:49:30
  I found four of them a company with the firearm in the back in
• 3:49:33
  the bag? Yes, sir.
• 3:49:36
  Did you see that firearm? I did.
• 3:49:38
  Yes. Sir.
• 3:49:39
  And where is that firearm currently?
• 3:49:41
  It was turned into the Jackson County Sheriff's Office, pending
• 3:49:45
  as evidence, all right? So after you see the firearm,
• 3:49:49
  did you go ask her or did you go and talk to her again?
• 3:49:52
  I did, what did you ask her? I had to catch her attention.
• 3:49:58
  I believe she was on a bit of attention with the other
• 3:50:00
  deputies, but I asked her about the spent casings that were in
• 3:50:04
  the bag. And again, if she had reloaded
• 3:50:06
  the ammunition, and if those were the spent casing, she
• 3:50:09
  retrieved from the revolver and what is she tell you?
• 3:50:12
  Again, it was Answer is, I believe she said, two or four
• 3:50:17
  times but she wasn't 100% sure of all of the rounds were used
• 3:50:21
  and that incident or whether or not she had Reloaded The
• 3:50:24
  firearm. As you were walking to her, did
• 3:50:30
  you have to walk through a front yard or her front porch?
• 3:50:32
  I did, as you were doing that, did you see anything in the
• 3:50:36
  yard? I did.
• 3:50:37
  I observed a fresh empty bottle. That would be consistent as
• 3:50:43
  being an empty bottle of alcohol.
• 3:50:45
  Do you remember what kind of alcohol?
• 3:50:47
  It was? It appeared to be a wine bottle,
• 3:50:48
  a wine bottle. Yes, sir. so, Question her a
• 3:50:54
  little bit more. Did you collect any statements
• 3:50:58
  from anyone else? There was a another lady in the
• 3:51:03
  house. I did speak to her and obtained
• 3:51:04
  a statement from her. So and what was her name, I
• 3:51:07
  believe it was a it was a Miss bass for And if you need to
• 3:51:12
  refer to your report, you can Cristy Joe best for the date of
• 3:51:16
  birth of 25 of 1978. All right, so as you were
• 3:51:19
  speaking to her, did she show you around Mr?
• 3:51:23
  President. Just like, I'm sorry objection
• 3:51:25
  objection. Let's get you to approach, I'm
• 3:51:28
  not sure. What context is?
• 3:51:35
  That's approach number 8,242 for this trial.
• 3:51:39
  Wahoo, you can correct me if I'm wrong, but I'm pretty sure I'm
• 3:51:43
  close with that. Number happy afternoon or
• 3:51:46
  morning or whatever. It is, Wherever You Are.
• 3:51:49
  Good to have you here at TCF live.
• 3:51:50
  Obviously our fourth hour over time where we normally do more
• 3:51:53
  like discussion and commentary and maybe some news Court
• 3:51:58
  related stuff that we don't normally see in the first three
• 3:52:01
  hours has been superseded with this trial.
• 3:52:05
  There's a very good chance. We're going to go into double
• 3:52:08
  overtime here because I'll stick with it at least until their
• 3:52:10
  lunch break. Sure, whenever you're ready.
• 3:52:12
  Thank you. So, As you were speaking to miss
• 3:52:19
  bassford, did she show you around the house?
• 3:52:21
  She did, she show you to the back porch?
• 3:52:24
  She did. And when you got to the back
• 3:52:27
  porch, what did you notice about it?
• 3:52:28
  It was very dark. I couldn't observe the trailer
• 3:52:33
  belonging to the complaint on the other side of the lot.
• 3:52:36
  It was pretty obvious. It was it's porch, light was on
• 3:52:40
  however Mrs. Light was not on and I had to use a flashlight in
• 3:52:44
  order to Canvas area, looking for others.
• 3:52:46
  So, miss back porch, light was not on correct, was it working?
• 3:52:52
  I didn't actually, I believe, I can't recall.
• 3:52:55
  Okay, you can't recall but You took a flashlight to look out
• 3:53:02
  the back porch. Correct I did and as you did
• 3:53:05
  that, were you able to see Miss nichols' trailer back there?
• 3:53:08
  I could. How far away do you think your
• 3:53:11
  trailer was roughest? But I would say approximately
• 3:53:13
  100 yards. 100 yards. Yes sir.
• 3:53:15
  So after you collect a statement from Miss bassford, did you
• 3:53:22
  attempt to collect a statement from Ms?
• 3:53:24
  Ashley Nichols, I did me and Deputy Grover relocated to her
• 3:53:29
  residents. You said relocated to her
• 3:53:31
  residence. How did you get to her residence
• 3:53:32
  by the using the driveway in a patrol vehicle?
• 3:53:35
  Is that driveway? The only way in and out, that's
• 3:53:39
  what I was told by was best for when I spoke to her.
• 3:53:41
  And that's what it appeared. We didn't see any other way in
• 3:53:44
  or out. This driveway in question, how
• 3:53:47
  would you describe his condition unkept unpleasant?
• 3:53:52
  Unpleasant. Yes sir.
• 3:53:53
  And is it one that you can navigate at a fast race speed
• 3:53:58
  you probably could but you're going to invest in a lot of
• 3:54:02
  suspension work on your vehicle. So you're saying, no, you can't
• 3:54:07
  you would not want to drive down that driveway quickly.
• 3:54:09
  No sir. Okay. so, Did you make your way
• 3:54:14
  to miss Nicholson's? Residence, I did.
• 3:54:17
  And did you collect the statement from Miss Nichols?
• 3:54:21
  I did after you collected the statement from Miss Nichols.
• 3:54:25
  Did you have any other interactions with this private?
• 3:54:32
  we went back after after we made, after we spoke with Ms
• 3:54:36
  Nichols, it was a term in that Miss prevent would be placed
• 3:54:38
  under arrest Deputy Grover and I relocated, and that's when
• 3:54:43
  Sergeant Burch was attempting to get misread to the back of the
• 3:54:47
  vehicle, was Sergeant Burch with you initially.
• 3:54:50
  He? I don't believe he was there
• 3:54:53
  initially. He showed up about halfway
• 3:54:55
  through the investigation and he was the one who did the
• 3:54:58
  transport to the county jail. Okay.
• 3:54:59
  So you didn't transport Miss for that.
• 3:55:01
  No sir. So once she was placed in the
• 3:55:04
  back of Sergeant burch's vehicle, that was the last
• 3:55:08
  interaction you have with Mr. Bat, that night.
• 3:55:09
  No sir. Um, due to her behavior, after
• 3:55:13
  being placed on the rest of the back of a vehicle.
• 3:55:15
  Deputy Grover and I Went to the county jail with Sergeant Burge,
• 3:55:20
  to ensure that nothing out of the way happened.
• 3:55:22
  He said, due to her behavior. What do you mean by that?
• 3:55:24
  After being placed under arrest, she became extremely erratic.
• 3:55:29
  borderline uncooperative, but She just was.
• 3:55:34
  Cussing screaming, not wanting to initially.
• 3:55:38
  Cooperate with Sergeant burch's request.
• 3:55:42
  And after she was basically giving to the county jail, did
• 3:55:48
  that finally? That was the conclusion of my
• 3:55:50
  interaction at night. Yes sir.
• 3:55:52
  And did that conclude your investigation on that night?
• 3:55:55
  And finally well, actually, no not fine.
• 3:55:58
  Finally. And was your interaction post.
• 3:56:02
  Miranda with Miser back captured on your body, Warren camera.
• 3:56:05
  It is yes sir hermanus. Yes sir.
• 3:56:23
  I'm showing you what has been marked as States exited be
• 3:56:27
  recognized. What?
• 3:56:28
  I've shown you, I do and what is that is a DVD drive the
• 3:56:33
  contains, my buddy, One camera footage and have you had a
• 3:56:36
  chance to review the contents of the CD I have and do the
• 3:56:40
  contents accurately and fairly depicted what happened.
• 3:56:45
  On November 18th, 2025 it does yes, sir and does it accurately
• 3:56:49
  and fairly depict your interaction with this, prevent
• 3:56:52
  on that night, it does here. This time the state will move to
• 3:56:56
  introduce states. Exactly Mr. Matt, Daniel.
• 3:57:00
  And then States exhibit. B's do we have?
• 3:57:04
  Do you have a you have your obsession?
• 3:57:07
  Okay? Is requesting permission to
• 3:57:10
  publish granted, is this as this one been limited?
• 3:57:13
  Also. Yes, the requesting that
• 3:57:15
  instruction again, just for the just for the So much of the same
• 3:57:20
  instructions last time. Remember to the jury about the
• 3:57:22
  view and listen to a video and auto recording?
• 3:57:24
  I'm gonna start getting you. That has been edited to
• 3:57:26
  eliminate irrelevant portion. That would not add to your
• 3:57:29
  understanding of the case. The fact that it's been edited
• 3:57:31
  should not concern you in any way and must not impact the way
• 3:57:34
  you view and listen to, and consider this evidence just a
• 3:57:39
  moment here on her. Here.
• 3:58:18
  Just anything you say can be used against you in court, you
• 3:58:23
  have the right to talk to lawyer before any questioning to have a
• 3:58:25
  lawyer present during questioning if you wish.
• 3:58:26
  If you cannot afford one, if you wish you had to answer
• 3:58:31
  questions. Now, without a lawyer present,
• 3:58:33
  you'll still have the right to stop answering.
• 3:58:34
  At any time you also have the right to request a lawyer at any
• 3:58:37
  time, you understand? Yes, sir.
• 3:58:38
  Will you 38, whereas I got in here on the
• 3:59:13
  table. Have you reloaded it yet?
• 3:59:15
  No. Okay.
• 3:59:17
  So Can I go in there and get that gun?
• 3:59:19
  Yeah, no I might not twice. That's twice in there.
• 3:59:26
  I didn't hear that. I want her to God.
• 3:59:29
  Damn, come down here and think she's gonna jump on me.
• 3:59:31
  She would hurt me if I hurt me. She was just hollered out that
• 3:59:47
  God damn truck. I'm coming down.
• 3:59:56
  I said all three of these doors I should you tell my God damn
• 4:00:03
  house you because if you come in here and try to hurt me like you
• 4:00:09
  got another day Fucking shit, you.
• 4:00:13
  That's exactly what I told her. I mean, that's what you said
• 4:00:16
  tonight. That's it.
• 4:00:17
  I told us, I said you could go down here.
• 4:00:21
  Come on. My God damn house to try to hurt
• 4:00:23
  me. You better watch it.
• 4:00:26
  Girl you better stay strong goddamn house and act like you
• 4:00:28
  got some sense. But no, she is a big badass.
• 4:00:32
  She's a bullet. She's been sucked.
• 4:00:34
  I don't know how many she said that.
• 4:00:36
  Too. So probation after goddamn anger
• 4:00:39
  management her ex-girlfriend and Truth.
• 4:00:42
  We have got trespassing more because they're scared of her.
• 4:00:45
  Face. 64 years old when she come down here the other day.
• 4:00:51
  He bitch I hope you die. I hope you die in your sleep,
• 4:00:56
  motherfuker. You're a piece of shit.
• 4:00:58
  I hope you die and she's out there holler at me and do it all
• 4:01:03
  kind of shit. And then she tried to God damn.
• 4:01:06
  She was throwing her hands at me, and I was going in the house
• 4:01:09
  and I had my God damn. Always had me a stick.
• 4:01:12
  I got to keep something where so you don't ever know what's going
• 4:01:17
  to try to drive him. Jump on you right here and then
• 4:01:21
  I have popped her right in the face of that.
• 4:01:23
  God damn stick. I said you better get away from
• 4:01:26
  me. And then that's when they went
• 4:01:30
  down there and he charges. That's got to get out of this
• 4:01:35
  trailer. I'm sick of.
• 4:01:37
  I'm tired of them, but I ain't fucking with them.
• 4:01:39
  No more. And that's not meant this lady
• 4:01:42
  that was in there. So, once again, your fine with
• 4:01:44
  me, going in there, getting that gun, I can go in your house and
• 4:01:47
  get that gun. You can do anything here.
• 4:01:48
  Early on. I ain't got nothing this house.
• 4:01:50
  Yeah, but if you could just hang out with my partner here, I'm
• 4:01:57
  gonna run inside. Deputy Swift right quick.
• 4:02:46
  How many bullets did that 38 revolver hold based on what you
• 4:02:50
  have observed? I believe it was five.
• 4:02:53
  There's a five shooter, I believe it was.
• 4:03:02
  Here. Barbara like your testimony that
• 4:03:04
  you found the spent casings at the bottom of that bag, correct?
• 4:03:08
  Yes sir. And all those bullets that we
• 4:03:15
  just saw were live. Yes sir.
• 4:03:59
  This is the bag that was in the kitchen table with 38 in there.
• 4:04:05
  So there's four Sprint casings in here.
• 4:04:07
  Is that what you just took out of the gun after shooting?
• 4:04:09
  None of the cases in that revolver were spent.
• 4:04:14
  Was it about that door two or three times?
• 4:04:17
  I shouldn't fucking goddamn car. Her I don't kill that fucking my
• 4:04:21
  question goddamn. I don't want to kill her.
• 4:04:23
  I just wanted to fucking leave me alone.
• 4:04:25
  I come in the house and not my goddamn doors.
• 4:04:28
  So my question is fucking stupid.
• 4:04:30
  I get it. Jumped on how many people she
• 4:04:33
  look at herself information. We're concerned with what
• 4:04:47
  happened tonight. Not what happened.
• 4:04:48
  Last Wednesday, what happened to night, okay?
• 4:04:52
  I need to know there's four spit casing in here.
• 4:04:55
  This is a revolver. It's not like a regular pistol.
• 4:04:57
  The case. Don't just fly out of the gun.
• 4:04:59
  Did you take these four bullets? These four cases out of the gun
• 4:05:02
  after you shot it because there's no bullets in that gun
• 4:05:05
  that were shot. There's four Spinners in here.
• 4:05:08
  Did you leave? Listen, first, listen for us to
• 4:05:49
  be with your investigation. I need you to calm down.
• 4:05:52
  Listen to us. It right quick.
• 4:05:56
  What was Deputy Grover doing? Right there?
• 4:05:58
  We must prevent. He's moving her.
• 4:06:00
  Handcuffs to the front from the back.
• 4:06:01
  Why was he doing that? I believe Deputy Grover, had
• 4:06:05
  informed me that Miss privette was complaining of her short
• 4:06:08
  pain, and of course, at that point she was Still being
• 4:06:12
  cooperative and she was not yet under arrest, she still only
• 4:06:15
  detained. So it was just courteous to move
• 4:06:19
  her hands to the front. Okay, so this is the bag that
• 4:06:35
  was the gun was in, right? It's locked up.
• 4:06:41
  So there was these, these casings in the bottom of this
• 4:06:43
  bag, we use the ones that you shot off tonight.
• 4:06:45
  Where would the bullet cases in looking at gun?
• 4:06:48
  It's not like a normal gun, like we carry.
• 4:06:51
  It's a revolver. You can shoot at six times and
• 4:06:53
  all Six Bullets are still gonna be in your cylinder.
• 4:06:55
  You had to manually take those bullets out and put new ones out
• 4:06:58
  how many minutes live all of them?
• 4:07:02
  So you must take them out goes. That's when she started.
• 4:07:06
  Hollering that you Remember what you did with those bullets that
• 4:07:12
  you shot? Because there's a couple in
• 4:07:16
  here. I think there was four in here
• 4:07:17
  that's been showing you. So there's four Jose
• 4:07:46
  That's what we're trying to figure out, okay?
• 4:07:51
  Never been in trouble. We're gonna finish talk while
• 4:07:53
  you talk with her. We're going to come up with the
• 4:07:55
  best case scenario, okay? If we switched I think final
• 4:08:19
  question for you is is Jam prove that the woman you may contact
• 4:08:24
  with on November 18th in the courtroom today.
• 4:08:26
  Yes sir. And can you please Point her out
• 4:08:29
  and identifier by an article of clothing?
• 4:08:30
  Yes, she's wearing this red and black plug clothing right here.
• 4:08:33
  All right. We'll Tinder the witness.
• 4:08:36
  Thank you, Mr. Chairman, Daniel one, Question.
• 4:08:40
  So, she was being pretty Cooperative, that'd be accurate
• 4:08:51
  to say. I started.
• 4:08:53
  Did you ask if she was cooperative?
• 4:08:55
  Yeah, I mean, thank you. Try to make it out to be like
• 4:09:00
  she was trying to hide this, much more confused than trying
• 4:09:03
  to hide something. I mean, you know, because she's
• 4:09:05
  like, go get the guns right there.
• 4:09:06
  I mean, I didn't seem to me anything that She just confused.
• 4:09:11
  I'm personally, I believe that would be an indicator of the
• 4:09:14
  impairment but yes, I understand.
• 4:09:16
  Okay. And as far as impairment, you
• 4:09:19
  know, I think she probably was drinking.
• 4:09:21
  So I'm not saying she's not. But look at her eyes right now.
• 4:09:23
  All those descriptions you put she has right now with every
• 4:09:27
  accurate to say red. Yeah, yes.
• 4:09:30
  And did you do in DUI testing? I've never done to you.
• 4:09:34
  I feel sobriety exercises on a standard call for service.
• 4:09:38
  Is it illegal to drink alcohol and possess a gun shooting gun.
• 4:09:42
  It's illegal to use, alcohol and shoot a gun.
• 4:09:44
  Yes sir. Yeah.
• 4:09:46
  Thank you, appreciate that. That's what you're understanding
• 4:09:48
  is. This sir.
• 4:09:50
  Okay. Um, She went on a lot about the
• 4:09:57
  judge me investigation about, you know, the threat that she
• 4:10:00
  proceeded to have the job doing kind of Investigation on that I
• 4:10:04
  did. And what did you come to your
• 4:10:07
  investigation that perceived threat?
• 4:10:12
  Miss Nichols, she claimed was threatening her from her
• 4:10:14
  vehicle. she never left the vehicle and I did not believe
• 4:10:21
  that the crime of assault had occurred that night.
• 4:10:25
  Miss Nichols, never left the car never made an advancement
• 4:10:29
  towards Ms. Prevention, she was in a driveway that she uses
• 4:10:32
  every single day because of her own property, so I don't, I
• 4:10:36
  don't believe that an assault was committed that night, but
• 4:10:39
  the other woman that was there. Did you questioned her and asked
• 4:10:41
  her what she saw? I did miss.
• 4:10:43
  I talked about Miss bassford. Ms bastard.
• 4:10:45
  Yes, sir. Well, you're asked her about the
• 4:10:46
  drink and you were very did a lot about that.
• 4:10:49
  I don't recall you asking her about.
• 4:10:51
  That particular issue because she openly, she said that Miss
• 4:10:56
  private had been drinking. And she said this, she gets that
• 4:10:59
  way. And then stated that Miss was
• 4:11:02
  more upset about an incident that happened a week prior than
• 4:11:04
  anything that had heard that night.
• 4:11:06
  And and your experience something that we prior had
• 4:11:09
  nothing to do with that night. Is that correct?
• 4:11:11
  That's what I call video practically.
• 4:11:14
  Yes, sir, I don't have any questions.
• 4:11:16
  Thank you, Mr. Mike Daniel Mr. Mitchell and you redirect
• 4:11:47
  No further questions be released.
• 4:11:51
  Yes, my Daniel is wrong. So thank you very much.
• 4:11:55
  Deputy Swift that concludes your time and testimony here.
• 4:11:58
  Today you are released from your subpoena.
• 4:11:59
  You're free to leave or you're free to watch remainder of the
• 4:12:02
  trial, if you wish. Thank you.
• 4:12:03
  Thank you. You are.
• 4:12:05
  Yes, sir. Any other ways to Mr?
• 4:12:06
  Mitchell, no further Witnesses at the time.
• 4:12:09
  The I'm just, yeah, the state will rest at this time.
• 4:12:14
  Let me talk to you outside bar, and we'll get together a plan
• 4:12:16
  for a lunch break. And that we don't just say,
• 4:12:26
  Okay, I'm going to assume they're gonna take a break here,
• 4:12:28
  but we'll hang with it until we know for certain.
• 4:12:30
  So the plan will be You know, if I didn't have other things to
• 4:12:35
  do, and if we don't have sidebar tonight, I just, you know, I'd
• 4:12:39
  come back after their lunch break, but that's not overly
• 4:12:41
  practical. So, what will do Assuming they
• 4:12:45
  are taking a break here is we'll pick this back up tomorrow
• 4:12:48
  morning. You know, Fridays are littered
• 4:12:51
  with landlord tenant, not always the greatest of hearings
• 4:12:54
  anyways. So I'm going to make sure that
• 4:12:57
  this gets recorded during the day today and we'll pick it up
• 4:13:00
  tomorrow. 9 a.m. eastern 6 AM Pacific.
• 4:13:04
  But again, we'll hang tight here until we're certain that they're
• 4:13:07
  done for now. But I hope you all had fun with
• 4:13:11
  us. I did, and I'm curious to see
• 4:13:13
  how it ends. It is just.
• 4:13:19
  Pure Florida, isn't it? Hate to have that. that image of
• 4:13:26
  Florida, discuss some things going for it, but but this fits
• 4:13:40
  Michael says this was fantastic. Great granny good, Dan.
• 4:13:43
  Because I was some things to do today, too.
• 4:13:44
  Yeah. Yeah.
• 4:13:47
  There are things to do for sure. I probably should pay some
• 4:13:51
  attention to some of the other ways that we make money here at
• 4:13:54
  the TCF bunker. All right?
• 4:13:55
  He's back. All right, let's jump.
• 4:13:59
  And I want to give you an hour, everyone an hour for lunch.
• 4:14:04
  And so that the sooner we get started after launcher sooner,
• 4:14:07
  we get over with and get the case in your hands, later this
• 4:14:09
  afternoon. So we're going to go ahead and
• 4:14:10
  recess for our lunch break. It's 11:57 by this clock right
• 4:14:13
  here clock on the wall and shows about the same thing.
• 4:14:15
  We're going to start back at 1:00, 1:00 p.m. sharp.
• 4:14:20
  I need you outside in the hallway on those benches by 1:00
• 4:14:23
  and then once all seven of you are here, we'll get you in here
• 4:14:27
  and we're going to try to start testimony and whatever's.
• 4:14:31
  The next step is, whether it's defense, defense, Witnesses or
• 4:14:33
  not. We'll hear that starting at 1:00
• 4:14:35
  may have any questions. All right, I'm gonna remind you
• 4:14:38
  the previous instructions. I've given you.
• 4:14:39
  If anyone tries to talk to you about the case, stop them, let
• 4:14:42
  the beta know that's happened. Otherwise, no one should be
• 4:14:45
  talking about the case. And don't don't talk about the
• 4:14:47
  case amongst yourselves even until the completion of all the
• 4:14:50
  testimony. So, we're going to be in.
• 4:14:51
  Recessed, she might have anything in the Jury Room, any
• 4:14:53
  kind of belongings or anything? No.
• 4:14:55
  All right, we will see you at 1:00 sharp.
• 4:14:57
  Unfortunately, you can leave your notes in your chair,
• 4:14:59
  they'll be untouched. They'll stay right where they're
• 4:15:02
  at. Okay friends.
• 4:15:05
  It's about 12:10 1211 local time where judge Mercer is.
• 4:15:11
  So yeah we're not that far in the way back machine so there'd
• 4:15:15
  be a huge break anyways so we'll pick it up tomorrow morning. 9
• 4:15:17
  a.m. eastern 6. AM Pacific right here on the
• 4:15:19
  live show and we'll run it through and see where it goes
• 4:15:23
  and it'll be fun. So be sure you're here bright
• 4:15:26
  and early because that'll unless there's something crazy going on
• 4:15:29
  that I've got to show right in that moment.
• 4:15:30
  This is where we'll start the day tomorrow.
• 4:15:32
  So be sure to be there for that and please join us for sidebar
• 4:15:35
  tonight, 8 p.m. Eastern 5 p.m.
• 4:15:37
  Pacific. Tonight's sidebars going to be
• 4:15:40
  begin, at least with that. that five DUI guy that we saw in
• 4:15:47
  judge Stevens court and actually in about about 50 minutes that
• 4:15:52
  goes live on this channel as a separate video.
• 4:15:54
  So your homework assignment. If you don't know what case that
• 4:15:57
  we're talking about, go watch that video when it posts in 50
• 4:16:01
  minutes because that will be, that whole sentencing here in
• 4:16:04
  that will bring you up to speed for the basis for tonight's,
• 4:16:07
  sidebar, again, right here on the channel, 8 p.m.
• 4:16:10
  Eastern 5 Pacific. So I hope you had fun.
• 4:16:12
  I did too look forward to seeing you all tonight.
• 4:16:14
  And then again, tomorrow, and in the meantime, go have yourself a
• 4:16:17
  great day. Take care.
• 4:16:18
  God bless