Latest / The Courtroom Files / February 12 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #230
Transcript
- 0:02Good morning, everybody. Happy Thursday.
- 0:04Welcome to TCF LIVE. It's nice to have you all here
- 0:06with me this morning. Let's get started in Michigan.
- 0:09A certain Judge Brian Oakley, good attorney.
- 0:17Excuse me. Thank you.
- 0:19All right, so you've got a plea agreement here.
- 0:21Let's see what we got. Oh, you want to adjourn this?
- 0:25Yes. OK, you're.
- 0:27Working on getting your license straight.
- 0:29What do you got to do? Go.
- 0:31Out and get a Secretary of State board.
- 0:33Move. You got anything scheduled?
- 0:36I was kind of seeing how this what was going to.
- 0:40Happen. All right, the problem is I'm
- 0:42going to give you a month, right?
- 0:43Well, a little bit about a month, I'm going to I'll give
- 0:45you till March. The problem is this might be a
- 0:48month long process and I'm not likely to want to kick this can
- 0:52down the road that far. So find out what you can come
- 0:56back and see if you can come up with a plan.
- 0:57All right. So Heather, we're just going to
- 1:00adjourn these till that March date.
- 1:02March. 26th then to. Give, Yeah, give them extra
- 1:04time. So here's what I tell everybody
- 1:09that's in your position. Hire an attorney if there's any
- 1:12way it you can possibly do it. So many people, they set up the
- 1:17hearing, they go to the hearing, and they end up just wasting
- 1:19their time. If you hire an attorney that
- 1:22specializes in license restorations #1 they'll make
- 1:26sure you don't even bother going to a hearing until you got all
- 1:28your ducks in a row. And they also know what ducks
- 1:32need to be in the row. All right.
- 1:34So, yeah, I know it's a, it's a, it's a money thing.
- 1:37But if you're like everybody else in your situation, the main
- 1:40reason you got to get your license is because you need to
- 1:42get to work or you need to get to a better job, right?
- 1:45So in the long run, I think your money ahead, if you can come up
- 1:47with the money. I mean, even if you got to
- 1:48borrow it from Graham or something.
- 1:51So what I would suggest you do in the next couple days and
- 1:57start making some contact. Where do you live?
- 1:59I didn't look at your address. Livonia.
- 2:01All right, there's a lot of, there's a lot of attorneys that
- 2:04do a lot of driver's license appeal division stuff here.
- 2:07So what I would do is I would just randomly call some
- 2:10attorneys that are close and convenient for you to go to and
- 2:13say, look, I'm looking for a driving restoration expert.
- 2:16Who do you recommend? Because you know the guy that
- 2:19just does, you know, criminal stuff but doesn't do DLADD
- 2:22stuff. He's not your guy, right?
- 2:24You want to find the, the attorney that does driver's
- 2:27license restoration, all right, And then just sit down with him
- 2:30for a consultation. They'll tell you what you're,
- 2:33you know, they'll look at your situation.
- 2:35They'll tell you what you're looking at timing wise, what,
- 2:37what ducks you might have to get in a row before you bother going
- 2:39in for a hearing. You have a better game plan.
- 2:41Even if you decide you can't afford them, you have a better
- 2:44game plan when you come back and talk to them.
- 2:46All right, good luck. All right, is it Ferrillo?
- 2:53Come on up, Sir. F you're going forward today
- 2:57without an attorney and you're doing a double parking.
- 3:02All right, so we're going to dismiss three charges from
- 3:06January 17th and you're going to pay 300 bucks for double
- 3:09parking, right? Can you do it today?
- 3:13Pick, pick a due date. Look at the calendar.
- 3:17I'm pointing at the calendar. I'm sorry, I I didn't expect you
- 3:19to read this. Yeah.
- 3:23Protocol. Value February 28th.
- 3:25Is that fair? 20th, if that gives you enough
- 3:27time. I said 28th. 28th.
- 3:30Well, no, because that's a Saturday.
- 3:31Can you do it by Friday the 27th?
- 3:33All right, so I'm just going to give you until the 27th.
- 3:36We're not going to do any paperwork until you come in with
- 3:37your money. Then we'll dismiss the the
- 3:39actions because if you don't pay your money, then all these
- 3:41charges are back on the table. Make sense?
- 3:43Questions. You're good to go.
- 3:48Hold on just a minute. I got to, I got to answer her
- 3:50question because if she ain't happy, man, we'll do it on C Go
- 3:55ahead. I've seen it before you
- 3:58recommended. Me go to the.
- 3:59Can you challenge the Academy? And glad you did that.
- 4:01That was a while ago, yeah. Tell me, were you, were you on
- 4:05my docket? Yes, Sir, Steve.
- 4:07Yep, Yep. Tell me so how?
- 4:10Long has it been since you did the challenge.
- 4:14And how did it change your life or discipline?
- 4:18Man, that's home, isn't it? That's huge though.
- 4:20So what are you doing now? I work at a shop.
- 4:23In a good shop manager. Where at?
- 4:26Good. How long you been there?
- 4:29Good. Good.
- 4:30Yeah. So did you, did you get your
- 4:33diploma from them? Yeah.
- 4:35So how old were you when you went?
- 4:381767 OK, All right. So 5 months done with high
- 4:43school moving on. Yeah, good for you.
- 4:45Good for and thanks for sharing that, you know, because as you
- 4:47can imagine, I'm still trying to talk kids into going because I
- 4:50still think it's a great opportunity.
- 4:53Yeah, yeah. If where you living?
- 4:57Sumter. Sumter, you mind if if we reach
- 5:03out to you, maybe if we think you can be a salesman for us to
- 5:08convince a kid to go? No pressure, no pressure.
- 5:15Because sometimes I'd like to just be able to say, hey, I can,
- 5:17I can let you talk to a guy that's, you know, what are you
- 5:20now? What's that?
- 5:21Six years or six years out, out of the challenge, all right.
- 5:26Not a good. Talker I could try.
- 5:27No, but if if all you do is say it changed my life and this is
- 5:31how, because it gave me discipline and without that I
- 5:34don't know where I'd be or you might have a good idea without
- 5:37that. Here's where I think I'd be
- 5:39right. Would you just get name and
- 5:42phone number? Yeah, 7:00. 527055.
- 5:48Yeah, yeah. So.
- 5:49Scott would be the 1 reaching out.
- 5:50Yep, Yep. And and make a note.
- 5:52So we share it with Scott that Scott's our new, our new
- 5:55Christine. He just started what, September?
- 5:58No. Didn't he start January?
- 6:01Or yeah, January. That's right.
- 6:03Yeah, Yeah. We compared him with him.
- 6:05Yeah. And just let Scott know that
- 6:07this, this guy went through in 19.
- 6:09Yep. Yeah.
- 6:11And he might never call you. I just.
- 6:13I just like to have tools in the box.
- 6:14OK. All right.
- 6:15Great. So downstairs.
- 6:18No, actually, you don't have to do anything downstairs.
- 6:19Just come back between now and the end of the month with the
- 6:21300 bucks just downstairs to pay.
- 6:24Just come back, they'll put your name in the computer, and you're
- 6:26good to go. All right, what do I say?
- 6:28I'm. Going to do that on the C
- 6:29ticket, Helen. Yep.
- 6:30All right, you're good to go. Have a great day.
- 6:32And once again, thanks for sharing that.
- 6:34And how long does he have to pay?
- 6:34So I print. It till the 28th this month.
- 6:39February. Yeah.
- 6:45Hey, when things slow down, I got a couple rubber stamps that
- 6:47needs to make. OK, no problem.
- 6:49I can get through today with him, our expertise and that's,
- 6:53you know, oh, isn't. He loves that.
- 6:56He was standing right here, right when I told Heather I was
- 7:00going to have you or yeah, you do it.
- 7:02You guys have been just been taking it to town.
- 7:06Didn't see that. Good morning once again
- 7:08everybody. Welcome to TCF Live.
- 7:10Happy Thursday as Judge Oakley looks at getting somebody to re
- 7:17ink his stamp pads. Let's stay in Michigan.
- 7:20Go say good morning to Judge Dad.
- 7:23Lobenberg, have a seat at this table.
- 7:25Come on up to the podium, man. Zachary Hines, have a seat at
- 7:28the table. Your name?
- 7:31All right? You're charged with a violation
- 7:33of probation. I took your plea.
- 7:37Let's see. I took your plea under Section
- 7:39771. I need Jessica.
- 7:44You plead guilty to failure to report.
- 7:46Hang on one second. This is the new one.
- 7:56This is a new one. You're charged with the failure
- 8:07to complete the economic crime prevention program of Class A
- 8:12training center. That's count 1.
- 8:13Do you understand the charge? Are you tired?
- 8:18Yeah. OK.
- 8:19I just wanted to make sure, count 2, that you failed to pay
- 8:22your fines and costs as ordered. Do you understand the charge?
- 8:24Yes. Count 3.
- 8:26If you have to provide proof of completing 32 hours community
- 8:28service by January 31 of 26, do you understand the charge if you
- 8:34plead guilty, If you're found guilty, that would be 3 more
- 8:37technical violations. Your probation could be revoked.
- 8:40You could be incarcerated for 90 days.
- 8:42Do you understand that? Did you sign, read and
- 8:44understand the advice of Rights Revocation Probation form?
- 8:48If you plead guilty, you will be giving up all those rights and
- 8:52there will not be a hearing or a trial of any kind.
- 8:55You understand that you have the right to an attorney.
- 8:58I'll be happy to provide you with one at public expense if
- 9:01you would like one. Would you like a lawyer to
- 9:02represent you? I'm going to ask you how you
- 9:07plead now. It's the current one that you
- 9:09failed to attend the economic crime program with Class A
- 9:14training center. How do you plead?
- 9:16Yes. Do you fail to attend that
- 9:18program? Yes, I did 2.
- 9:24Did you fail to pay your fines and costs as ordered by January
- 9:2631 at 26 how do you plead you fail to pay your fines and costs
- 9:32as ordered by January 31 of 26 I'm asking did you fail to pay
- 9:39all of your fines as you ordered to pay?
- 9:41Yes. Yes.
- 9:44OK, but you failed to pay your fines and costs order, correct?
- 9:47Yes, count 3 that you failed to provide proof of completing 32
- 9:50hours of community service by January 31 of 26.
- 9:54How do you plead? Yes, you failed to provide proof
- 9:56of completing your community service by that.
- 9:59Day. Oh yes, I.
- 10:02Didn't turn anybody. Should have pleaded guilty.
- 10:06Anybody force you to plead guilty, I'll accept your plea.
- 10:14I was probably 29. I'll accept your pleased all
- 10:16three counts. It's true.
- 10:17I. Could pay the fines today and I
- 10:20got really service paid it. I have to take the time, you
- 10:23know, time. But it's don't need it before
- 10:25the 31st. You're not taking me very
- 10:29serious, no. It wasn't done it.
- 10:31Was done. Listen to what I'm telling you.
- 10:34You ran here on violations on December 17th of 25.
- 10:39I did nothing. I didn't assess any costs.
- 10:43You had a failure to go forward, failure to complete community
- 10:45service. I told you to complete your
- 10:47community service and provide proof by January 31.
- 10:51Pay 200 by December 23 of 25, the rest by January 31 at 26.
- 10:56And I told you again, if you didn't have the money to call
- 10:59the court would go on Zoom. I'd give you an extension.
- 11:01None of that happened. OK, I I do have that one on my
- 11:04daughter's standing right in the hospital.
- 11:06So that's why I just couldn't sink in.
- 11:08And the day I got there, I had to go straight to the hospital,
- 11:11stay there with my daughter for about 3.
- 11:14For two weeks. Is she still in?
- 11:17Yes, she's been there for two months.
- 11:20Well, A. Year and a month like last
- 11:22December. Well, December 25, right?
- 11:27She's been in the hospital for 14 months, Yes.
- 11:31I don't remember us talking about this.
- 11:34Your name? Jessica.
- 11:36Remind me. Remind me?
- 11:38Yes, her, her daughter has been in the hospital.
- 11:39She reminded you the last time in her meeting.
- 11:41She's been in the hospital for over a year now.
- 11:43She did provide proof of the community service today and
- 11:45based on the letter was completed prior to the due date,
- 11:48but she did turn it in till today.
- 11:50But those hours are now completed and confirmed.
- 11:59What about the the Economic Crime program?
- 12:01That class is not. She did everything.
- 12:05She did everything about the class at this point.
- 12:06She said that she has the money to pay today for her balance.
- 12:09Otherwise though, the community service is done.
- 12:11The only thing left is the class.
- 12:13Her case was taken under the 771 delete sentencing status.
- 12:16She's set for prosecutor review next week, February 19th.
- 12:20And she's going to training. The program won't be done.
- 12:23No, I don't know when the next class is offered.
- 12:25I know the last one was January 18th and she didn't.
- 12:27I placed her on probation on August the 28th, so she should
- 12:31be coming off February 28th, Drew correct?
- 12:33So. I'm going to extend probation
- 12:36until for two months, until April 28th of 26th.
- 12:40There's additional cost of $50, additional probation fees of
- 12:45$40. Heather, I'm going to need a
- 12:47review hearing, review hearing date sometime before that.
- 12:51And you have to make sure you complete the Class A training
- 12:54center. OK?
- 12:55I don't remember talking about your daughter, so I didn't make
- 12:59any notes on it. I don't know why complete the
- 13:04program the Class A and why don't you give me a date,
- 13:07Heather, like in see, we're already mid February.
- 13:12Why don't you make it? April, Judge.
- 13:14Or yeah, yeah, second week of April or so.
- 13:18OK, we could do April 9th all. Right, we're going to make it
- 13:23April 9th. Review hearing will be April 9th
- 13:27at 8:30. OK, ma'am, you're going to pay
- 13:30all your fines now, right? All right, I'll make a note.
- 13:34You're going to pay all your fines cost now proof of
- 13:38completion of community service provided.
- 13:42I wish you well. If you do everything when you're
- 13:45supposed to, you're going to end up with this case dismissed.
- 13:48It was taken under 771. You got to have everything else
- 13:52done though, OK? April, April the 9th at 8:30
- 14:01will be your review here today. I wish you well.
- 14:04If you'll go, you'll go down the hall, you'll get your dates, and
- 14:07we're all set. Good luck.
- 14:09Good luck with your daughter. I'm sorry you're going through
- 14:11that. I really.
- 14:12I don't. Thank you.
- 14:14Loebenberg. Derek Jacob Robert Loebenberg.
- 14:23Is that you? Oh, where's where's Loebenberg?
- 14:32Oh, I see 26647525-A and B OK, this this is Judge Hessen's.
- 14:45I'm just going to send it over there for her.
- 14:47OK. Heather, I believe it's it has
- 14:50her name on it. Is Loebenberg her case?
- 14:54What's the case number on that again, Judge?
- 14:57They keep sending them in here 266475252426647525-A and B.
- 15:06Let me double check. On that, yes, that is hers.
- 15:10Zachary OK, good enough. I'm going to send them here.
- 15:12Zachary Ryan Hines, 25-G3O6737A and B All right.
- 15:32Where's your lawyer did? Not know.
- 15:35Oh, OK, OK, well, we're going to have to wait for your lawyer.
- 15:45OK, I'll pass the case. You can relax.
- 15:48I didn't. This is Shawna Rochelle Curtis,
- 15:5326-T6475-O4A. And B, could I have Zuko seated
- 15:58at the table here? My right Here.
- 15:59Left and you can come up here. Miss Curtis, your name nice and
- 16:05loud for me. You're charged with driving on a
- 16:08suspended and defective equipment.
- 16:10You have the right to an attorney.
- 16:11If you want one. I will give you 1.
- 16:13Would you like a lawyer? I'll arraign you and then I'll
- 16:16send you to the prosecutor. I'm going to need that one
- 16:19sentencing with Mr. Gambert. You're charged with the.
- 16:22Curtis up here. Tashata, Curtis.
- 16:26What's that? Is this Tashata Curtis?
- 16:28I'm sorry that you have at the podium.
- 16:30Yeah. She has two warrants that we're
- 16:32working on right now. Also all.
- 16:34Right. And I believe I do.
- 16:37It does look like though they are Judge Hudson, so I'm not
- 16:39sure if you just want to send her over there or when.
- 16:41We're done with them. But just to give you a heads up.
- 16:44All right, Thank you. Miss Curtis, you're charged with
- 16:46operating a motor vehicle on January 18 of 26 in the Studio
- 16:50Trenton on Fort and West at 1:16 in the morning.
- 16:53They think you had defective equipment and a suspended
- 16:56license. That is a misdemeanor driving on
- 16:58a suspended punishable by up to $500 in fines, 90 days, 93 days
- 17:03jail costs or all of those penalties.
- 17:06To understand them nice and well, did you sign the advice of
- 17:11rights and read and understand the rights?
- 17:13If you plead guilty, you'll be giving up all those rights and
- 17:16we're not going to have a trial of any kind.
- 17:18You understand that? Yep.
- 17:20You still wish to waive your right to a lawyer?
- 17:23I'll enter in a guilty plea. You got to show up in court.
- 17:26Why? When wasn't When was she
- 17:29scheduled for court that she failed to appear in?
- 17:33October 12th of 2022 OH. Jeez, I don't want to rush it
- 17:37here. What are you doing?
- 17:39Fail court. Morning.
- 17:44Here it's nice you were supposed.
- 17:45To be here in October of 22. Don't be.
- 17:50Don't sound so aloof about it, OK?
- 17:53You're not endearing yourself to any judge when you pull that
- 17:55kind of nonsense. You're going to be arraigned on
- 17:58those warrants next door, $500 personal bond.
- 18:03If you're lucky, you're getting a personal bond.
- 18:04Do you work? What are you acting like this
- 18:08for? Like, I don't recall.
- 18:09Like, it's not a big deal. Like I forgot to pay my water
- 18:13bill that was $3.13. Some lady don't play games.
- 18:24Judges don't like games. You want to play games, go to
- 18:27the store, buy Scramble or Trouble or Monopoly or whatever
- 18:31else. Don't play games in here.
- 18:33You got it good. You'll go meet with the
- 18:36prosecutor. Either way.
- 18:37You'll come back in front of me and then you have to go next
- 18:39door to Judge Hessen and you will have she will arraign you
- 18:43on those charges when they cancel the warrants.
- 18:46Good luck, Zuko. Either way, you're coming back
- 18:49in front of me, young lady Joe. Morning once again, everybody.
- 18:53It's TCF live on a wacky Thursday.
- 18:54Good to have you all here. Let's move on.
- 18:57Go to Washtenaw County Judge Simpson and his hit that
- 19:00everybody loves. Bond continues.
- 19:03There's one right there in the blue.
- 19:06I'm going to grab everyone else, your Honor, real quick before we
- 19:09start, if that's. OK, well I've already started.
- 19:12I understand they want to make sure that they're all you know.
- 19:15Oh. OK, so you're the attendance
- 19:17monitor. All right, go ahead.
- 19:20Don't don't do do what you do. Whisper Cook.
- 19:24People people believe any potential conflict means on our
- 19:26report in the office. Of the public, people do.
- 19:29Not believe that any such conflict exists.
- 19:30We make this waiver. In the avoidance of all that
- 19:32one. Thank you, Sir.
- 19:33Morning, Josh. Thank you, Josh.
- 19:34We likewise do not believe that any conflict or this honorable
- 19:37court for the cases this morning, but should one arise,
- 19:39we will waive that conflict and please ask this honorable court
- 19:42to hear all of this case. And the court, for its part,
- 19:45also does not believe there's a conflict either in the Michigan
- 19:47court rules or the cases decided they were under to the extent of
- 19:50conflict does exist. Given the waivers, the court
- 19:52will consent to hear the best court does call the cases of the
- 19:55People versus Jesse Ivy all six case.
- 20:06That's Mr. Gad. Mr. Gad?
- 20:10Sorry. For Mike.
- 20:21That's a great question. You were the one responsible to
- 20:26get everybody, no? No, no, no, you failed.
- 20:29Mr. Feaster. Thank you, Mr. First, Assistant
- 20:33Public Defender, on behalf of Mr. Ivy Standing.
- 20:35Mr. Daddy, Mr. Ivy, can you state your name, please, Sir?
- 20:42All right. Thank you, Judge.
- 20:43I'm speaking to APA Chebowski. Sorry.
- 20:48I believe we're waving this matter up to Circuit Court for
- 20:50further resolution. So he's doing a waiver on
- 20:52holidays? That's my understanding.
- 20:55Is that your understanding, Mr. Mr. Ivy?
- 21:01I didn't hear you, Sir. Yes, yes, OK, Sir, you're
- 21:11waiving your right to a preliminary examination in all
- 21:13of these matters. You understand that that's a
- 21:15proceeding where the people would have to show by probable
- 21:17cause that the offenses alleged were committed and that you
- 21:20committed. Yes.
- 21:24You understand that you will not have that hearing and that
- 21:27you'll proceed to Circuit Court for further resolution of these
- 21:29matters. Yes.
- 21:33People also wait there, right? Yes.
- 21:37Preliminary examination having been waived, defendant is bound
- 21:40over to circuit. Court.
- 21:41On all I believe 6 counts. Thank you, Judge.
- 21:46We will waive reading and ask the court to stand adjourned.
- 21:50Defending every way forward reading, standing muted to all
- 21:52counts. Court will enter a not guilty
- 21:55plea pretrial in These matters will be set for March 11th at.
- 21:581:30 with. Judge Congress, March 11th,
- 22:012026, 130 before Judge Conlon. Thank you, Judge.
- 22:06Thank you. Bond in these matters will
- 22:09continue. Thank you.
- 22:12You'll take them. Court does call the case of the
- 22:20People versus Derrick Jones. Do I can Assistant public
- 22:28defender representing Mr. Jones? Your Honor, I was just approved
- 22:32yesterday to be able to schedule a visit to meet with Mr. Jones.
- 22:36I'm asking for an adjournment and I'm filling out the green
- 22:39sheet right now. Mr. Jones, can you state your
- 22:45name? Derrick Jones.
- 22:49All right. And you were unable to schedule
- 22:52a visit. Is that what you're telling?
- 22:54Me. Yes, Jerome.
- 22:56Well, probable cause conference in this matter will be adjourned
- 23:01on March 5th, 2026 9:00 AM Bound continue.
- 23:07Thank. You.
- 23:09Thank you, Sir, I do. Have a question for your honor?
- 23:14Court does. Court does call the case of the
- 23:16people versus the Marianne White.
- 23:18Hey, Rachel, that's grandma. Yes, people.
- 23:29All right. Hello, distracted.
- 23:30Me, your Honor. Good morning, your Honor.
- 23:33May I? Please, the son of a court,
- 23:34David Burgess, somebody up to Marion White.
- 23:36It's appearing to be a zoom from the juvenile son of Your Honor.
- 23:38Mr. White, can you state your name, please?
- 23:40Demorion White. Thank you.
- 23:43What are we doing, Your Honor? Mr. Childers and I are speaking
- 23:46regarding an ultimate resolution in this case, but we're asking
- 23:49for a little more time, so an adjournment of the PCC is
- 23:51requested. 5th of the 12th what? It may for. 5th is fine Your
- 23:58honor. Private Gods Conference will be
- 24:00adjourned March 5th, 2026 9:00 AM.
- 24:03Bond continue. Thank you, Judge.
- 24:07Your Honor, can we? Just approach on a on a.
- 24:09Collateral manner, I apologize. It'll quick quick.
- 24:22All right, quick sidebars are never quick.
- 24:25They're Speaking of sidebar, though.
- 24:26Tonight on this channel, 8:00 PM Eastern, 5 Pacific.
- 24:29We will have sidebar. I don't have it posted yet.
- 24:31I'll post it after the show, but that does not preclude you from
- 24:34joining us anyways. 8:00 PM Eastern, 5 Pacific.
- 24:37We should have a good discussion tonight.
- 24:39We'll stay in Michigan. Let's go see a certain Judge
- 24:42Middleton. Good morning.
- 24:49Good morning, Mr. Good morning. You're there.
- 24:53Thank you for coming to Centerville today by Zoom.
- 24:58You've logged in as iPad telehealth.
- 25:01Are you Richard Elliott? I'm Richard Elliott Junior.
- 25:05Your Honor. Give you a proper name.
- 25:11I'm sorry. I'm going to change your name
- 25:14here. OK.
- 25:41Mr. Wojnowicz, are you here on behalf of the defendant?
- 25:45Yes, Your Honor. All right, we'll wait for the
- 25:48prosecutor. I don't know that we've ever
- 25:50crossed paths before. Saint Joe County and Saint Joe
- 25:55are not very far apart, but we don't often touch and share
- 26:03cases. I, I get a few calls here and
- 26:06there since I'm in St. Joseph, MI, for someone looking
- 26:10for an attorney in Saint Joseph. Occasionally we'll have people
- 26:12actually show up in the wrong courthouse.
- 26:16And to further complicate things, as you know, then we
- 26:18have Saint Joe County, Indiana. Yeah, Yeah.
- 26:24And we're pretty close to that, too.
- 26:25We border that with, you know, South Bend area, so.
- 26:52I start every morning by giving the first line of a song.
- 26:59I call out a shared moment of humanity.
- 27:02But I didn't do that on this record.
- 27:04I didn't figure the Berry County Court needed to have my first
- 27:09line of the day on their feed, so I did it separately.
- 27:18Sometimes one of the judges here will do trivia from his
- 27:23calendar, and tonight's our Bar Association trivia night, so I'm
- 27:26looking forward to that. All right, all right.
- 27:30Courtney O'Malley is our prosecutor, and she at one time
- 27:36worked here for me as an intern in the prosecutor's office about
- 27:4128 years ago. And so it'll be nice to see her.
- 27:54So while he's waiting for the prosecutor, just to make things
- 27:57clear, this is a special assignment case for him out of
- 28:00Berrien County, not his court. I think there was some conflicts
- 28:04of interest. So they had to reach outside for
- 28:06a judge and they've got him. Good morning.
- 28:22Good morning, Your honor. It's nice to see you.
- 28:26Nice to see you, I'm sorry I'm not very good at zoom.
- 28:29All right. Well, we do a lot of it here.
- 28:31So thank you all for agreeing to do this by Zoom.
- 28:36Let me call the case. This is the Berrien County
- 28:40matter of people versus Richard McKinley Elliott Junior.
- 28:45The file number is 25018558. I think the suffix is SM, which
- 28:53stands for statute misdemeanor. Mr. Elliott is here by Zoom.
- 29:01He is represented by attorney Ryan Wolowitz from Berrien
- 29:05County and prosecuting attorney Courtney O'Malley Septoski is
- 29:10here on behalf of the people. I've been assigned to this
- 29:14matter by the Michigan Supreme Court because the judges in
- 29:18Berrien County have a perceived conflict of interest and they
- 29:26have disqualified themselves. And so I've got it.
- 29:29And so I get several of these a year, and so does everybody
- 29:34else. So let's start at the beginning.
- 29:37Mr. Elliott, you were first charged with a misdemeanor
- 29:41offense of domestic assault and malicious destruction of a
- 29:44building. It's alleged to have occurred
- 29:47the day after Christmas, December 26th of 2025.
- 29:52Those are both misdemeanors. However, the prosecutor filed an
- 29:56amended complaint adding a felony charge, which changes the
- 30:01procedural posture of what we need to do here.
- 30:04So let me inform you what the charges are.
- 30:07I think you probably know, but let's start at the beginning.
- 30:11It's alleged that on or about December 26th in the city of
- 30:15Buchanan that you did make an assault upon Richard McKinley
- 30:19Elliott Senior, who I believed to be your father, with a shoe,
- 30:24an Ugg, but without intending to commit the crime of murder.
- 30:29That's commonly known as felonious assault or assault
- 30:32with a dangerous weapon. It is a felony punishable by up
- 30:35to four years imprisonment and a fine of up to $2000.
- 30:40Then we'll go back to the original domestic assault
- 30:43charge. Domestic assault is a
- 30:45misdemeanor punishable by up to 93 days in jail and a fine of up
- 30:49to $500. This particular charge also
- 30:53would prohibit you from using or possessing A firearm for eight
- 30:57years. The other charge is malicious
- 31:01destruction of a building over 200 but less than 1000.
- 31:06They allege that on that same date and same place that you
- 31:10damaged a building at 1 Park Court that belonged to McKinley
- 31:16Elliott Senior and did damage more than 200 but less than
- 31:191000. That's a misdemeanor also, but
- 31:22this one's punishable by up to a year in jail, a fine of up to
- 31:26$2000 or three times the value of the property.
- 31:31I've never ever done that, but the law does allow for it.
- 31:35All right, so I got this and we had some difficulty coordinating
- 31:39all of our time schedules. And I appreciate everybody being
- 31:42here. I've been informed by my
- 31:44administrator that Mister Elliott, you're presently in a
- 31:48treatment facility. Is that correct?
- 31:50Yes, Your Honor, that is correct.
- 31:53Where is it? Kalamazoo, MI called Center
- 31:59Point. It's an extension of Pine Rest.
- 32:08All right. And Mr. Auschwitz, I know you
- 32:12and Miss O'Malley, that's how I'll call her because that's how
- 32:16I knew her and she was 25. Have been talking about this
- 32:21case. I've heard maybe we're going to
- 32:24push it out a little bit. What's your preference here?
- 32:28Yes, Your Honor, that's correct. I think we have a likely strong
- 32:33likelihood of resolving this matter, but we would like to see
- 32:36some of these moving parts settle in a little bit.
- 32:40So I would just ask the court if we could reset the pre exam
- 32:46conference and waive our 21 day right to, you know, the
- 32:51preliminary exam within 21 days of arraignment.
- 32:53And if we could just reset this matter possibly for three or
- 32:58four weeks and hopefully by then we could have a resolution to
- 33:03present to the court. Prosecutor O'Malley, is that
- 33:07agreeable with you? Absolutely, Your Honor, We would
- 33:10like Mr. Elliott to remain in treatment.
- 33:13That's our biggest concern. So I have no objection to moving
- 33:17this so that he can continue his course of treatment.
- 33:20I have been in touch with the victim who also agrees with
- 33:23that. Mr. Elliott, you have a right to
- 33:29have this hearing. As your attorney said, I thought
- 33:32it was 14 days, but he says within a certain time period
- 33:36from your arraignment here, we're going to adjourn it while
- 33:39you continue with your treatment, which I don't have
- 33:46any objection to and apparently nobody else does.
- 33:49Do you have any objection to continuing this matter?
- 33:51I. Have no objection.
- 33:55All right, let's find a date that works.
- 34:05It'd be gone for a little bit in February.
- 34:16How about Wednesday, March 11th at 9:30?
- 34:28That works for me, Your Honor. Would that also be by Zoom?
- 34:32Yes, it would if you guys agree. That works for for us as well,
- 34:38Your Honor, if it's by Zoom. Mr. Elliott, you do have the
- 34:54right, obviously, to be present at all proceedings.
- 34:57You're present here by Zoom, which works out good.
- 35:00You're in Kalamazoo, the attorneys are in Perry County,
- 35:05and I'm here. So Zoom is tailor made for this
- 35:08kind of a circumstance. At some point, this will
- 35:11probably require me to come to the courthouse in Niles.
- 35:15For example, if we do work out a plea and I impose a sentence, I
- 35:23would probably come there and do the sentence at Niles or Saint
- 35:28Joe, depending on what works for the Perry County people.
- 35:33But right now, we're just getting all on the same page,
- 35:37agreeing to the continuance and picking a new date.
- 35:40Do you have any objection to doing this by Zoom like this Mr.
- 35:46Elliott? I do not.
- 35:48Your Honor, all right. And we're going to do the next
- 35:51one by Zoom too. I'm going to give you a little
- 35:56heads up. Your attorneys probably shared
- 35:58you with this, shared this with you in a domestic violence case,
- 36:03and they come in a lot of different sizes and shapes.
- 36:06They're often domestic partners, husbands and wives, boyfriends,
- 36:09girlfriends, wives and wives. But they're all sometimes family
- 36:14members, people that live in the same house.
- 36:17There is a special statute that allows a court to place a
- 36:23defendant on probation for a domestic violence charge and if
- 36:28they successfully complete that probation, the charge could be
- 36:32taken off your record and be a non public record of conviction.
- 36:38So I'm not sure if that's what they're working toward, but that
- 36:43is one option that could resolve all of these.
- 36:46So we'll see where we go. Everybody seems quite positive
- 36:49about it. They seem positive about your
- 36:53seeking treatment and I'll see you by Zoom on March 11th at
- 37:019:30 AM. Judge, can I just ask one quick
- 37:05question, if we have a resolution worked out, will you
- 37:07accept that by Zoom or should we let you know and I'll.
- 37:10Take the plea by Zoom. But if I'm going to do the
- 37:12sentence, I'll come over there. If it is a domestic violence
- 37:16case, theoretically, the law says the case needs to be
- 37:19continued for 10 days at least to give an opportunity for
- 37:22victim input. And I don't know if Mr. Elliott
- 37:25Senior would be there, but if we work that out, I'd certainly be
- 37:30willing to take the plea on March 11th and then I may come
- 37:34visit all of you. Maybe the snow will be melted by
- 37:38then. Hopefully, if I set it for May.
- 37:44Anyway, we'll continue to work on this, Mr. Elliott, continue
- 37:50to do what you're doing, stay in contact with your lawyer.
- 37:53There are bonkers conditions, conditions in effect that
- 37:56prohibit you from having contact with the complainant.
- 37:59So you're prohibited from having contact with your father.
- 38:03But we'll see where this goes. But for the time being, those
- 38:06conditions are in effect. This case is assigned to me and
- 38:10I'm certainly willing to accept it.
- 38:13So I will see you all on March 11th at 9:30.
- 38:16So we'll stop the we'll let Mr. Elliott go.
- 38:23OK. Thank you, Your honor.
- 38:26I'm going to everybody stick around for a minute.
- 38:30I'm going to stop the live feed and all.
- 38:35Right as he said, he stopped the live feed.
- 38:38Let's go down to Florida. Wade Mercer first appearances.
- 38:46Miss Johnson, Good morning, ma'am.
- 38:47Miss Johnson, you're here because you've been accused of 1
- 38:49count of omission. If the officers made a charging
- 38:52decision thus far as a misdemeanor offense and you do
- 38:57have a friends or family in the courtroom on your behalf, I'm
- 39:00going to point the public there's also represents you.
- 39:02I'm going to tell you that there is probable cause in the
- 39:05complaint, and I've also looked at your criminal history, so I'm
- 39:07somewhat familiar with that. And Mr. Mitchell, on behalf of
- 39:11the state, I think that you just advised me that you want time to
- 39:14look at this one. Is that correct?
- 39:16Yes, your owner. We need time to review the toll
- 39:18damages, see if it may qualify as a felony.
- 39:21Mr. McDaniel, anything on behalf of Miss Johnson.
- 39:26So Miss Johnson, the State attorney's office has the right
- 39:28to take a look at the case and interview the alleged victim and
- 39:30and decide if it's going to be a felony or not.
- 39:32Ma'am, you're still entitled to a bond today.
- 39:34I'm going to set you a bond, but that bond is in based in part on
- 39:37your criminal history. Your bonds are going to be $3500
- 39:40cash or surety. If the bond is posted, she has a
- 39:43right to be released. I'm talking to your mother now.
- 39:46If it's posted, she has a right to be released.
- 39:48That's the law. If it's not posted, then what's
- 39:50going to happen is Mr. Mitchell's office will get the
- 39:52complaint in. They will review it.
- 39:54They will talk to the alleged victim.
- 39:56The threshold for a felony in criminal mischief is $1000
- 39:59damage. So if they have a good faith
- 40:01basis to believe that there's at least $1000 damage, they may
- 40:05decide to go with a felony charge, which opens up a lot
- 40:09more treatment options. I know that you had Mr.
- 40:11McDaniels text or you had said that you thought for state
- 40:14hospitals where she needs to be. That's not really an option from
- 40:18a criminal sentence in a misdemeanor court, but it could
- 40:21be in a felony case. So they'll have the only time to
- 40:24look into that. In the meantime, she's got the
- 40:25right to a bond. Miss Johnson, you do have a
- 40:27condition, no contact with alleged victim.
- 40:30Starting at this point. Going forward, Miss Johnson,
- 40:32we're going to give you a notice for your court date, ma'am, or
- 40:34the jail will give you a notice. That will be March the 2nd at
- 40:389:00 AM. That's if it stays in
- 40:40misdemeanor court. If the state decides to take
- 40:43this case, the felony court, it would be a different date.
- 40:46Miss Johnson, do you have any questions?
- 40:48No, Sir, McDaniel, what you're saying?
- 40:53I was going to. Say Jack, those cyber trucks are
- 40:55advertised to be indestructible with scratch proof.
- 40:58And can't crust. Windows I, I don't know if
- 41:00there's going to be damages that you think they are because
- 41:03they're supposed to be indestructible and just let you
- 41:05know that. You know what?
- 41:06I mean, I said. It was.
- 41:07My. Car.
- 41:07I know it was. That's all right.
- 41:09OK, but somebody was driving they they free and I'm here
- 41:12today. That's all right.
- 41:14All right. So we'll, we'll see you on that
- 41:16court date, man. Wish you the best.
- 41:19Barbara, thank you for the $5 prayers for Wahoo.
- 41:22I agree. For those of you who don't know
- 41:23Wahoo, a regular here on TCF, his sister passed away a few
- 41:28days ago. Also, if you're a person of
- 41:30prayer, my ex-wife, the mother of three of my children is in
- 41:37surgery right now as we speak, getting cancerous tumors
- 41:41removed. So prayers for her as well.
- 41:44Let's continue with Judge. Totally authority and one count
- 41:47of looting lascivious molestation.
- 41:49Mr. Weeks, there is probable cause for the three charges.
- 41:52You have some criminal history, but the the seriousness of the
- 41:56allegations against you is, is what's going to get you a
- 41:59pretty, pretty significant bond just because it's a very serious
- 42:02charges you've been accused of. According to the complaint,
- 42:05there is some type of some DNA evidence that supports the
- 42:08state's allegations. I'm going to listen to the
- 42:11attorneys and then I'm going to address your bond status.
- 42:14Mr. McDaniel. Anything on behalf of Mr. Weeks?
- 42:16No, you aren't, Mr. Mitchell. Given the significant and the
- 42:21severity of the charges, we would request a high bond and
- 42:24also, in addition to no contact with the victim, no contact, no
- 42:28unsupervised contact with any minors.
- 42:33I believe that the let me double check, I think the information
- 42:37has already been filed in this case and the warrant says first
- 42:42degree felony, but I think these are actually first degree felony
- 42:46sponsored by Life. So let me see if the information
- 42:49the clarifies that. Yeah, the sexual battery with
- 42:52the victim under 18 years of age, both of those are first
- 42:56degree felonies and the L&L molestation is listed as a
- 42:59second degree. But is it a first degree punch
- 43:01by life? That's my.
- 43:02Question. Is it the PPL or is it the first
- 43:05degree punch by 30, which is normal?
- 43:07It's not going to really make a difference for bond purposes for
- 43:09mine. Normal, but I'm curious.
- 43:12Yeah, the information filed by the state says those are life
- 43:16felonies, those first two. So, Mr. Weeks, let me ask about
- 43:21the the no contact with minors that the state's requesting.
- 43:23Do you have any minor children of your own or grandchildren,
- 43:26Sir? Not at the moment.
- 43:28Not to slip me or anything, OK. Mr. Weeks, what I'm going to do
- 43:32is I'm going to set you a bond of $50,000 each on the two
- 43:35sexual batteries, $25,000 on luminous civis charge.
- 43:39So your total bond is $125,000 cash or sure.
- 43:42Do you have a condition? No contact at all with the
- 43:44alleged victim and no unsupervised contact with
- 43:47minors? And by supervise that means
- 43:49someone who has care Custer control of the minor and is
- 43:54aware of your pending charges. So at this point, you're accused
- 43:57of very serious charges. I would suggest you not talk to
- 43:59anybody at the jail other than a lawyer about what you've been
- 44:03accused of. You'll get a chance to use the
- 44:04phone in a few minutes. Mr. Weeks.
- 44:06Just a few minutes to try to post that bond.
- 44:08Whether you go to a bondsman or not, it's entirely up to you.
- 44:11If you're not able to post the bond, the public defenders
- 44:13officer be in contact with you at the jail.
- 44:15Mr. Weeks. The other thing we're going to
- 44:16do is I'm going to ask the jail to give you a notice for your
- 44:18court date in felony court, which should be March the 3rd at
- 44:228:30 will be your arraignment. Mr. Weeks, do you have any
- 44:25questions? No, Sir.
- 44:27Have a good day, Sir. We have Robert Summits.
- 44:43Mr. Sammons, good morning. Mr. Thomas, you're here for
- 44:45first appearance accused of eight counts of petty theft and
- 44:48one count of felony scheme to defraud.
- 44:50Mr. Somnus. There is probable cause for
- 44:53these charges, Sir. I have read the complaint.
- 44:56I've also looked at your criminal history.
- 44:58I realize that you're on probation for petty theft, but I
- 45:00also am aware of the timeline that that charge happened after
- 45:05these charges allegedly occurred.
- 45:07And that charge essentially is what led to these further
- 45:10investigation and review of videos.
- 45:12And those video reviews is what eventually led to these new
- 45:15charges. So this does not violate your
- 45:17probation because this happened before you even own probation,
- 45:20allegedly regarding your criminal history.
- 45:23It's not horrible. I think I'm out.
- 45:31I saw a couple of old worthless checks from the 90s, perhaps a
- 45:381999 Grand Theft in Washington County, which would be 25 years
- 45:43ago. So your criminal history is not
- 45:46bad. It's not great, but it's
- 45:47certainly, it's not perfect, but it's not, it's not bad.
- 45:50Let me see what the attorneys have, and then we'll go for
- 45:52dress bond or release status. Mr. McDaniel, anything.
- 45:55Yeah, We just asked for, you know, some kind of reasonable
- 45:58bond or reasonable cash bond. I mean, these petty thefts are,
- 46:00I think, all less than $100. They're all small amounts.
- 46:03And get out his criminal history and stuff.
- 46:06And he's on probation and he's reporting for probation like
- 46:09he's supposed to and he's supposed to.
- 46:10So can we just ask for? Some status?
- 46:13Is he up to date on everything? Thank you, Mr. Mitchell.
- 46:17We don't object to a cash bond. I was just asking Mr. Goodson if
- 46:20he's up to date on everything with county provision.
- 46:23I am your honor, I'm supposed to get off on the 2nd.
- 46:25It's all paid off and classes are all.
- 46:27Done. Yeah, no, no objection to a cash
- 46:31bond. According to Mr. Ham, he was
- 46:34supposed to be able to get off early on March the 2nd.
- 46:37So Mr. McDaniel, I don't think you were in the loop because I
- 46:41wasn't talking. It wasn't about specific cases,
- 46:44but there's an issue with these exact, this exact situation
- 46:48where depending on what law enforcement officers doing it,
- 46:51some law enforcement officers are doing it the way Mr. Somnus
- 46:53was done, which is 1 felony and multiple misdemeanors.
- 46:58The majority of law enforcement officers are charged just a
- 47:01bunch of misdemeanors. And as you know, as you
- 47:03represent a bunch of them, they come to court and Mr. Mitchell's
- 47:06got a, a policy in effect that he's very consistent with it,
- 47:09that that's effective. He collects restitution in one
- 47:12case and puts them on PTI or probation in in that case and
- 47:16dismisses the others. So I expressed to the State
- 47:18Attorney's Office my concern about the inconsistency in the
- 47:21way these cases were handled. And I think they they kind of
- 47:24got an internal policy now to try to prevent that from
- 47:26happening. But this is a perfect example of
- 47:28Mr. Somnus being treated differently than someone with
- 47:32the same or similar criminal history.
- 47:34The only difference is what officer does the complaint and,
- 47:37and I think there's probable cause for these charges, but
- 47:40I've you and I see these every month that are handled in
- 47:43misdemeanor court. So that's, that's obviously a
- 47:46factor that I'm very concerned about being consistent.
- 47:48So for that reason, what I'm going to do is I'm going to
- 47:51treat it like we do with the cases in misdemeanor court.
- 47:53And, and if you want to, I'm not going to offer your conditional
- 47:56release because of the number of cases, but I will set your cash
- 47:59bond on the felony. I'll set a $500.00 cash bond and
- 48:01I'll give an ROR on the other 8 cases.
- 48:04So you've got a total cash bond of $500 an ROR on all the
- 48:08misdemeanor cases. If you post the cash bond,
- 48:11you'll be released immediately. Whether this will stay in felony
- 48:13court, Mr. Somnus or not, I have no idea.
- 48:16That's the call to be made by the state attorney's office.
- 48:18But I think they're kind of getting their prosecutors on the
- 48:21same page to to either have one prosecutor look at all these
- 48:24cases. That way they know they're being
- 48:25treated the same regardless of how law enforcement treats them.
- 48:28But at least the prosecutor can treat them the same.
- 48:31Or if it's multiple prosecutors involved, they can have a
- 48:33similar policy. But right now you're you're
- 48:37going to felony court on March the 3rd at 8:30 unless the state
- 48:42decides to transfer your case to misdemeanor court.
- 48:45You've got a $500.00 cash bond. Your condition and no contact
- 48:48with Walmart is being renewed. So even if you get off probation
- 48:51in the other case, you've got no contact condition in this bond.
- 48:54So that no contact condition will content will extend if this
- 48:58case is pending or these cases are pending even if you get off
- 49:01probation. Mr. Sammetz, any questions about
- 49:04any of that? No contact with any Walmart?
- 49:07Yes. Mr. McDaniel, haven't missed
- 49:08anything. I know it's kind of complicated.
- 49:11No, I got it all and I'm just going to say that.
- 49:14Are they going through the? Prosecutors now or are they
- 49:15still sending them straight to the judges?
- 49:17I mean I. Thank you.
- 49:18The state of the state attorney's office asked to not
- 49:22be they're not asking to be involved in warrant reviews
- 49:26unless the officer wants them to be revolved involved.
- 49:29That started probably the October some, you know, sometime
- 49:33around there. And so most officers just rather
- 49:36get it done quickly. So they send it straight to the
- 49:38judge now, like they do in Bay County.
- 49:40They will review it. The state will review it if the
- 49:44officer wants it reviewed. I think that's correct, right,
- 49:46Mr. Mitchell? But in in these cases, what I've
- 49:48started doing is if they have no criminal history, I, I make them
- 49:51take it to the state attorney's office because they're just so
- 49:54inconsistent. Treated similarly.
- 49:56Peter, similarly situated defendants are not being treated
- 49:59similarly. I think it's just an oversight
- 50:01caused by the state attorney's office not being involved for
- 50:04years. They reviewed the warrants and
- 50:05they kind of have their own standards and everything is
- 50:07pretty consistent. That's that's not happened since
- 50:09about October. That's the way I.
- 50:11Always realize that's the best way to do it is, you know,
- 50:14consistency of those. Let the prosecutor review these
- 50:16things before they're filed. But also Jake.
- 50:18I was to let you know. That he's on probation.
- 50:21If you're wanting to do something to extend the
- 50:23probation, I'm sure he's open for it and restitution.
- 50:26If that's I'm not saying it's obviously if y'all want to think
- 50:28about it y'all, I mean that's I'm not sure what all the total
- 50:31is, but. If you want to do.
- 50:31Something I'm sure he's open to it.
- 50:34I'll talk to the felony attorney and see what they think about it
- 50:37and. That's a question I have is
- 50:39these are third group felonies. I know you're doing some felony
- 50:41cases. Are you just doing VO PS or are
- 50:43you doing some new cases too? Just doing VO PS for right now
- 50:47and the random ones that get thrown into drug court also.
- 50:50So this would be whose case Mr. Guild or Miss Harris?
- 50:52Probably Miss Harris's. OK.
- 50:54All right. Any questions at all, Mr.
- 50:57Somnus? I'm sorry.
- 51:00You'll get, you'll get to use the phone in a few minutes or to
- 51:02post the bond. OK, next case is Brandon.
- 51:06You want to take the Brandon Bullard last.
- 51:07Is that what your take says? Well, I guess he's.
- 51:10In here. Come on here.
- 51:11Brandon. Brandon Bullard is next.
- 51:13Mr. Bullard, come on up. Mr. Bullard, Good morning.
- 51:16You're here for first appearance.
- 51:17Charge of 1, count of trespass after warning.
- 51:19You're also accused of 1. Count of resisting an officer
- 51:21without violence. Mr. Bullard, I have read the
- 51:23complaint. There is criminal history.
- 51:25Excuse me. There is probable cause and I
- 51:27looked at your criminal history and I'm aware that you just were
- 51:29sentenced to 60 days in jail in January, last month in
- 51:33Washington County. So I'm aware of all of that.
- 51:36I want to see if the attorneys have any additional.
- 51:37I want to see if the attorneys have any additional information
- 51:39they want to make me aware of. So let your attorney speak on
- 51:41your behalf and then we'll address your bond status.
- 51:44Mr. McDaniel. God, I don't have any, Ben.
- 51:47Those are all by three city police officers that put me in
- 51:49there. The same was the route 335
- 51:51dollars. I'm a well, how are you
- 51:53describing Mr. Mitchell? Anything on behalf of the state.
- 51:59Nothing at this moment. OK, so Mr. Bullard, I think
- 52:01you're entitled to a bond because the the Washington
- 52:05County case was a jail sentence, not a probation sentence.
- 52:07If it was probation sentence, you wouldn't be entitled to a
- 52:09bond, but you are, it appears. So I'm going to set your bond at
- 52:13$3500 on each count. Your total bond today is $7000
- 52:17cash or surety. You have a condition of no
- 52:19contact at all with the property that you were accused of being
- 52:22at unlawfully or allegedly refused to leave.
- 52:25So you cannot go back to that property at all.
- 52:27You cannot go back to that property at all.
- 52:29Question. I understand that but she asked
- 52:31me to come here to babysit our. Son and I'll be watching.
- 52:33That's not. Why?
- 52:34That's not why you're arrested. The reason you're arrested is
- 52:36the complaint says the officers told you to leave and you
- 52:39refused to leave. So even if you were invited over
- 52:42there once, you're lawfully ordered to leave, unless you
- 52:45have significant ties to the place such as living there, you
- 52:48have to leave. So you're not being charged
- 52:50because because of being there when they got there, you're
- 52:52being charged because of what allegedly happened afterwards.
- 52:55Don't talk about what you're charged with.
- 52:56I don't want you to say anything to hurt you, but I don't want
- 52:58you to understand it has nothing to do with whether you're
- 53:01invited over there. That's not what you're accused
- 53:02of. You have any other questions?
- 53:05Yes Sir, I understand. I was not resisted or not.
- 53:07He just didn't really didn't give me a chance to grab my
- 53:09stuff and leave. So he told me on the ground.
- 53:11All due respect any questions? Yes, Sir.
- 53:14Have a good day, Sir. He doesn't need to give a
- 53:18notice. Misdemeanor court.
- 53:19So it would be the March 2nd at 9:00 AM.
- 53:26Hope was out of the room. There's somebody in the room
- 53:27that got there. We'll write it down.
- 53:29We got. Yeah, we already got it.
- 53:31Thank you. We have Belina Pullman next.
- 53:35Full Miss Pullman. Good morning, Miss Pullman.
- 53:41You're here for two charges, ma'am.
- 53:44You're accusing 1 count of uttering a force instrument or a
- 53:47force bill. Not a force bill is what you're
- 53:50accused of, ma'am. And then you also have a hold
- 53:52out of Washington County. The Washington County hold looks
- 53:55like it's a violation of probation warrant, ma'am.
- 53:57It has no bond on it. The Jackson County charge.
- 54:00You're entitled to a bond. I'm about to set you one, but
- 54:02let me see if the attorneys have any additional information on
- 54:05the on that bond for what I need to be aware of.
- 54:07Mr. McDaniel, anything. Just I talked to Miss Pullman,
- 54:11she maybe is asking for an option for a cash bond or surety
- 54:15bond if the court's inclined. I don't know if this restitution
- 54:18owed or I'm not very sure. Mr. Mitchell.
- 54:22If if she wants a cash bond, we don't object.
- 54:24There's allegedly restitution owed.
- 54:27It's only about $100. The problem is that she's on
- 54:29state probation when this charge allegedly occur.
- 54:32The basis for the violation of probation is not just this card
- 54:35charge. She allegedly was instructed to
- 54:37remain in the office by the probation officer and she
- 54:40allegedly left the office. So there's two different ways
- 54:43you have supposedly violated your probation.
- 54:45It's more than just this new charge.
- 54:47But I don't have a problem with the cash bond.
- 54:49There is restitution that's being solved.
- 54:51Your cash bond, Miss Pullman in the Jackson County case is
- 54:53$500.00 cash. Ma'am, you've got no bond in
- 54:57Washington County. Just be aware if you post the
- 54:59cash bond you will go from our jail to theirs.
- 55:01You will not be released, but you will get get the case over
- 55:04there moving. Do you have any questions,
- 55:05ma'am? No.
- 55:07Sir, No, Sir. All right ma'am, wish you the
- 55:10best. March 3rd, she does need to give
- 55:12a notice please. March 3rd at 8:30.
- 55:14Thank you. The next case we have is James
- 55:17Douglas. Douglas, I see you signing that.
- 55:36I'm going to assume that was a waiver of extradition for
- 55:38Houston County, Alabama. Is that what you just signed?
- 55:41Yes, Sir. You have any questions about
- 55:43that extradition waiver? No, Sir.
- 55:45So I. Know that Mister McDaniel has
- 55:46already spoken to you. They have 30 days to pick you
- 55:49up. We review the cases at 15 days.
- 55:51If you're still here in 15 days, you'll come back to first
- 55:53appearance and we'll see what the transport status is.
- 55:56I don't think I've ever had that happen with Houston County.
- 55:58They've always picked people up within the within a week or
- 56:01less. But if you are still here, we'll
- 56:03see you and see what's going on. But they have 15, They have 30
- 56:06days to pick you up. We'll see you in 15 if you're
- 56:08still here. Any questions?
- 56:10All. Right, so I wish you the best.
- 56:12Thank you. Yes, Sir.
- 56:14Michael Hamilton. Hamilton, good morning.
- 56:22You're here because you've been accused of 1 count of felony
- 56:25battery and one count of uttering a forced instrument.
- 56:28These are two different alleged office dates.
- 56:32There is probable cause for both charges.
- 56:34There's also a significant criminal history that you've got
- 56:37here. Mr. Hamilton.
- 56:39I'm going to listen to the two attorneys and then I'm going to
- 56:41set your bond. Mr. McDaniel, anything on behalf
- 56:44of Mr. Hamilton. There you go.
- 56:47How's it Felony is what I'm going to?
- 56:50Where's it felony? It's a it's a felony based upon
- 56:53you having a prior conviction for battery.
- 56:54That's what you're accusing you of your second or subsequent
- 56:57battery in Florida is a felony. Mr. Mitchell.
- 56:59Anything from the state from. The state Your honor, Mr.
- 57:01Hamilton, I'm going to set your bond at $7500 each on these two
- 57:05third degree felonies that you're accused of.
- 57:07That makes your total bond $15,000 cash or surety.
- 57:11You've got a condition and no contact with the alleged
- 57:13victims. One of them is I think Mccoy's
- 57:15outdoors. The other one is the female.
- 57:18No contact with either those individuals and you have the
- 57:20right to use the phone to try to post the bond.
- 57:22Mr. Hamilton, the jail is going to give you a notice for your
- 57:24court date which will be March the 3rd at 8:30 and you'll get
- 57:28use the phone in a few minutes. Do you have any questions?
- 57:30No, Sir. Have a good day, Sir.
- 57:34We have Eustacia Allen next. Miss Allen, good morning.
- 57:44You're here for first appearance.
- 57:45I think the jail sheet is wrong, Corporal.
- 57:48I'm gonna need y'all to take a look at that.
- 57:51Oh, Miss Allen, the complaint appears to show 2 counts of
- 57:55possession of controlled substance without a
- 57:57prescription, but the jail sheet says 1.
- 58:00Before I set 2 bonds, I need to make sure that's right.
- 58:03Corporal, we're double checking right now.
- 58:07Thank you. Yes, Sir. 2 counts.
- 58:12Yes, Sir. So Miss Allen, you're accused of
- 58:15possession, two different controlled substances.
- 58:17I think they were in a single supposedly in the same
- 58:19container, but there were two different controlled substances
- 58:21that were identified in there based upon the lab test.
- 58:24So you have two charges, but it's a single container.
- 58:28So it's it's a little confusing. They're accusing you of two
- 58:30different felony charges. Miss Allen, there is probable
- 58:33cause. I've also looked at your your
- 58:36bond. I mean, I've also looked at your
- 58:38criminal history. So it's pretty lengthy.
- 58:40And let me see. Let me take another look at the.
- 58:44I can't remember if this was a peel substance or if it was a
- 58:46powder substance. Let's see.
- 58:48Yeah. It was a powdery substance that
- 58:50you were accused of possessing. Mr. McDaniel.
- 58:52Anything on behalf of Miss Allen?
- 58:54No, you aren't. We just ask for a reasonable
- 58:55bond. Thank you, Mr. Mitchell.
- 58:58Anything. We're fine with a reasonable
- 59:00bond, but we request you also have random U as as the
- 59:03condition. Thank you, Miss Allen.
- 59:05I'm going to set your bond at $5000 each on these two third
- 59:08degree felonies. Ma'am, your total bond is there
- 59:10for $10,000, Miss Allen, that's cash or surety.
- 59:14That means you don't have to come up with all the money.
- 59:15You can go through a bondsman. That's what a surety bond is.
- 59:18Your bond does have a condition of random urinalysis, so be
- 59:22aware of that, that term if you do post bond.
- 59:24Miss Allen, do you have any questions?
- 59:29No questions. All.
- 59:31Right. Have a good day.
- 59:32Ma'am. You do have to begin a notice.
- 59:34I apologize. Thank you.
- 59:35Don, please give Miss Allen a notice for her court date which
- 59:38should be March the 3rd at 8:30. And the last case, I think what
- 59:47may be the last case is Tracy Gaines.
- 59:49Miss Gaines. Good morning, ma'am.
- 59:51You're here once again for the charge of driving on the
- 59:53influence. Miss Gaines.
- 59:54There is probable cause in the complaint, ma'am.
- 59:57And I've looked at your criminal history.
- 59:59I see two recent DUI charges within the last two years or so,
- 1:00:03one of which Mr. McDaniels advised me was dismissed.
- 1:00:05The other, which you were convicted of here in Jackson
- 1:00:07County, and that was just right about two years ago.
- 1:00:11So those obviously are factors for me to consider.
- 1:00:13And Miss Gaines, let me see if Mr. McDaniel or Mr. Mitchell
- 1:00:18have any additional information before I set your bond.
- 1:00:20Mr. McDaniel, we just asked for some kind of reasonable lease.
- 1:00:24Options she has. Strong local ties, family
- 1:00:26members on this property works in the area and we just asked
- 1:00:29the court to. Consider some of the lease
- 1:00:31options. Thank you, Mr. Mitchell.
- 1:00:34Whatever the 14 spit as a release option, we just request
- 1:00:38that she have a condition and no possession or consumption of
- 1:00:41alcohol. Miss Gaines, I failed to mention
- 1:00:44that there was allegedly an accident in this case.
- 1:00:46So that means you've been charged with three DU is in the
- 1:00:48last 2 1/2 years, this one resulting in an accident.
- 1:00:51That's causing me concern not only about your judgement, but
- 1:00:54about your danger to the public, the general public, your bonds,
- 1:00:57$5000 cash or surety. You have a condition not to
- 1:01:00drive a motor vehicle at all, and you have a condition not to
- 1:01:04possess or consume alcoholic beverages.
- 1:01:05Now, let me explain the motor vehicle condition.
- 1:01:08If you're able to get some type of temporary or work permit and
- 1:01:11you come back to court, and I will certainly consider
- 1:01:13modifying that for work purposes, but for the time
- 1:01:16being, based upon the number of DU is you've been charged with
- 1:01:19your bond, has a condition not driving motor vehicle.
- 1:01:22You just, we got to figure out what's going on and stop this,
- 1:01:26and that's the only way I know to do to protect the public is
- 1:01:29keep you off the roadways. If you get it, if you get a work
- 1:01:31permit from DHS, MB, I certainly will consider it.
- 1:01:34I'll give the state a chance to have input, but for the time
- 1:01:37being, you cannot drive a motor vehicle.
- 1:01:40Miss Gaines, do you have any questions, ma'am?
- 1:01:43Judge, did they put on the ticket or something?
- 1:01:45They took her license or I mean, I know she cooperated and did
- 1:01:49everything. I don't know that they turned
- 1:01:52into citation here. Let's see.
- 1:01:56And it's on the back of the ticket where you have to see it
- 1:01:59and let's see. I don't know that it says
- 1:02:05whether or not they're, you know, they have the right to
- 1:02:07give you that. That ticket as a license for 10
- 1:02:09days is what? Mr. B Daniels.
- 1:02:10Referring to ma'am, I can't tell from the paperwork I've got.
- 1:02:13What I'm telling you is now that you've been involved in the
- 1:02:15wreck and there's allegedly had a bottle of vodka in your pants
- 1:02:19when it happened, half bottle. I'm telling you, you can't
- 1:02:22drive. That's a part of your bond.
- 1:02:25If you get a work permit, I will certainly reconsider it.
- 1:02:28So still go through the process, try to get a work permit if you
- 1:02:30can, but in the meantime, you're not driving anything else.
- 1:02:34Mr. McDaniel, just clarify that. I mean, if she has a license,
- 1:02:39she can drive though I, I guess, or you said a work, I don't
- 1:02:42know. But I don't know if she has a
- 1:02:44license. I don't know that she has a
- 1:02:46license. She cannot drive as a condition
- 1:02:48of her bond based upon her being in a wreck and having three Duis
- 1:02:52in 2 1/2 years. That's that's it.
- 1:02:59You have three DUI arrests now. One of them, Mr. McDaniel says,
- 1:03:02was dismissed in Alabama. There may be she had three DUI
- 1:03:05arrests in about 2 1/2 years. You cannot drive.
- 1:03:09That's not I'm not going to consider.
- 1:03:11I'm not going to modify that. You can't.
- 1:03:12I've got. To go to work tonight.
- 1:03:14You're not, you're not driving. You go to work if you want, but
- 1:03:16you better not drive, OK? She's been given notice for her
- 1:03:21court date. Her court date will be March the
- 1:03:222nd at 9:00 AM. All right man, have a good day
- 1:03:28ma'am. Just I'm not trying to, I mean
- 1:03:31a. Lot of these cases.
- 1:03:32When they cooperate and stuff, they don't necessarily suspend
- 1:03:34their license. So that's why I was saying, but
- 1:03:36you said if she gets a hardship, but I've if her license, I guess
- 1:03:39it wouldn't be a hardship if she has license if they don't
- 1:03:41suspend them. Stacy can probably tell me more
- 1:03:43about it. I I.
- 1:03:44She. She may be able to register for
- 1:03:46DUI school, but I don't know when a second DUI if that law
- 1:03:49lets you do that. Mister Goodson.
- 1:03:51The question is if she registers to DUI school, can she apply for
- 1:03:55a work permit on a second DUI? My understanding of the law, My
- 1:04:00understanding of the law is no because she said this will be
- 1:04:05so. The officer marked on the
- 1:04:07ticket, there's a box here that says eligible permit.
- 1:04:11He put no. I don't think that officer has
- 1:04:13the authority to give a 10 day permit if they've had a previous
- 1:04:16DUI conviction. And my understanding.
- 1:04:18Of the law. Because she had a DUA previous
- 1:04:20DUI, she is not entitled to apply for a business permit.
- 1:04:24I think he's right because it's a second Mr. McDaniel.
- 1:04:27That's fine I I just wasn't. For sure, if there had to be a
- 1:04:29conviction since she cooperated on the seven and I just, I'm not
- 1:04:31thinking straight. You know, but.
- 1:04:34Yeah. That's fine she she does.
- 1:04:36He did not give her the 10 day permit.
- 1:04:37I don't think he can because of a previous DUI.
- 1:04:40Yeah, I. Understand we, we have one young
- 1:04:43lady that's in the courtroom. Ma'am, are you here for a first
- 1:04:45appearance case? I failed to ask that earlier.
- 1:04:47Are you here for a first appearance case?
- 1:04:50OK, I'm. And I'm sorry I didn't tell Miss
- 1:04:52Allen you were here. I didn't even realize you were
- 1:04:53here on her behalf. Do you want her to know that you
- 1:04:55were here? Did you see her case?
- 1:04:58Were you in the courtroom when she went?
- 1:05:00OK, so you got to see it. What's your relationship?
- 1:05:02So we can tell her that you're here.
- 1:05:04OK. Can y'all let Miss Allen know
- 1:05:06that her mother did come in the courtroom?
- 1:05:08So you heard the bond that was set for her?
- 1:05:09Ma'am, it's $10,000 cash or surety because of her history.
- 1:05:15And she's charged with two counts of possession of
- 1:05:17controlled substance without a prescription.
- 1:05:18Two different controlled substances.
- 1:05:22Any questions? Ma'am, I can't hear you.
- 1:05:29It was in a, it was in a cup in her hand.
- 1:05:33And then she put it back in the vehicle, according to the
- 1:05:35complaint. And I wasn't there.
- 1:05:37And when she got out, she asked if she could get out and go to
- 1:05:40the restroom. They said no, you got to wait
- 1:05:42here. She's supposed to put the cup
- 1:05:44back inside the vehicle and they take the cup and look in it.
- 1:05:47There's powder in there. They analyze the powder, and
- 1:05:50it's two different controlled substances.
- 1:05:52And as you know, she's got a lengthy criminal history.
- 1:05:56That's what she's accused of. Yes, ma'am.
- 1:06:00So, Mr. McDaniel, that's everything I had on my list.
- 1:06:03I did want to talk to you, Mr. The one thing I continue to like
- 1:06:08about Judge Mercer is the amount of attention that he puts into
- 1:06:12family members who are in the courtroom.
- 1:06:14There's no other judge that doesn't quite like him making
- 1:06:17sure that the defendants know that the family members there
- 1:06:19and making sure that the family members questions are answered.
- 1:06:22He actually takes the time. Nobody doesn't quite like that,
- 1:06:25and I've always really appreciated that.
- 1:06:27A whole slew of courts are coming online right now.
- 1:06:30So I'm going to sort through all of that.
- 1:06:33Ashley, if you could help me out.
- 1:06:34I'm pretty sure there was something with Judge Wolf that I
- 1:06:37was supposed to be looking for today.
- 1:06:38And he has started his feed, though he's not on the bench
- 1:06:43yet. So if you could update me on
- 1:06:44that. But as I sort through these
- 1:06:47other feeds, let's go. Let's go back to Judge Simpson
- 1:06:50for a little bit. My honor, tried any senior
- 1:06:56assistant public defender representing Miss Petoskey.
- 1:06:59Miss Petoskey, would you please state your name for the record?
- 1:07:02Margaret Petoskey. You know we I did submit
- 1:07:12yesterday laid a plea form for a It was late.
- 1:07:16Yes, I I'm acknowledging. But I don't.
- 1:07:21A plea form for no contest plea for miss Petoskey and miss
- 1:07:27Petoskey, we went over your rights to a trial and.
- 1:07:31I don't have the plea form, so I don't.
- 1:07:34I have the police report, but I don't.
- 1:07:37It was not signed. That's why, with permission or
- 1:07:43otherwise, it was not signed, so it was.
- 1:07:45So I, I would like to apologize. Many of these procedures were
- 1:07:50not procedures a year and a half ago when I was last year.
- 1:07:54And so I am catching up on the procedures.
- 1:07:58So I I. Understand that miss.
- 1:08:00Game, and I will. I I blame that on everybody else
- 1:08:03that's around you. That should have explained it to
- 1:08:05me. So if I if we could pass, I
- 1:08:08don't if we could pass for a short moment.
- 1:08:10I know this is very important to Miss Petoskey for outdated past.
- 1:08:15OK. Thank you and I will get that.
- 1:08:22Alan Crawford. Good morning, Judge.
- 1:08:30My name is Alan Cooper for Joanne Crawford.
- 1:08:32Your. Honor, good morning.
- 1:08:33For the record, Mark Burke, P54935 with the Attorney
- 1:08:36General's office paying for the people.
- 1:08:39Thank you, Joanne. Property.
- 1:08:43Your Honor, it is our ultimate intent to try to wave this exam.
- 1:08:46Although I haven't actually had an opportunity to speak with my
- 1:08:49client about it, I was wondering if perhaps we could maybe
- 1:08:54address the issue of bond so I can have a better chance to meet
- 1:08:57with him and then have a better conversation with the
- 1:09:02prosecutor. Well, that may not.
- 1:09:04I mean, you can argue it, but I think it's bond is set pursuant
- 1:09:08to statute in this case at 25% of what he owes.
- 1:09:13So yeah, I understand that. I think that sometimes that it's
- 1:09:17overlooked at the statute does. Require a good cause.
- 1:09:19Exception. I understand that it provides
- 1:09:21for. Oh no, it's not.
- 1:09:22Overlooked. I, I I look at that every time.
- 1:09:26And the issue. If you want to make your, if you
- 1:09:28want to make your argument, go ahead and make your argument.
- 1:09:31OK, great. Well, The thing is, my client
- 1:09:33does have a job that's waiting for him on May on for February
- 1:09:3717th. So obviously the whole point of
- 1:09:43this case. But the child?
- 1:09:44Support case is to try to get. Money and get.
- 1:09:46Payments to try to get his arrears paid down.
- 1:09:48So that's a real truck in Ann Arbor.
- 1:09:51I actually do have a copy of the letter showing his his job
- 1:09:54offer. So he's supposed to start there
- 1:09:57on February 17th. So our hope is, is to get at
- 1:10:01least some kind of bond so that way he can start working.
- 1:10:04So that way, obviously at some point we're going to negotiate
- 1:10:07this case and it's going to involve payment of some money.
- 1:10:09So he can't do that if he's not working.
- 1:10:11So I don't want to miss this opportunity for employment when
- 1:10:16it's when it's right there waiting for him.
- 1:10:18So he does have family in the community.
- 1:10:21His, his mother's supposed to be there at court.
- 1:10:24I just got off the phone with her.
- 1:10:25She's at the courthouse. He's got substantial family in
- 1:10:27the area. So I would ask for personal bond
- 1:10:32that he takes care of his father who's an amputee.
- 1:10:35I'm I'm sure council that he was working at some point before his
- 1:10:39child support got to over $25,000, right?
- 1:10:43He. Was unemployed for a substantial
- 1:10:45period of time and he tried to file some motions to modify his
- 1:10:49child's sport over the last year or two, but he tried to do it
- 1:10:51improper. So of course he didn't get a
- 1:10:54proper hearing date. So our intent is is to back date
- 1:10:57that and we're going to. Go through the civil.
- 1:10:58Court as well. It's not going to completely
- 1:11:00reduce all the arrears, but it's going to have some reduction if
- 1:11:04we can go retroactive back to date, to the date when he first
- 1:11:06filed those because he was unemployed for a significant
- 1:11:10period of time. But the problem that I have is
- 1:11:15that he's got this job waiting for him.
- 1:11:16I don't want to miss this. I don't want him to miss this
- 1:11:18opportunity, especially when he's going to have to end up
- 1:11:21paying something towards summer rears.
- 1:11:26Any response from the people? Fiona, thank you.
- 1:11:28The only thing I would indicate is the court is well, certainly
- 1:11:32well over the statute. It's 750.165 does require 25%
- 1:11:36cash bond. The amount of the arrearage
- 1:11:38judge, the reorge currently as of 2 days ago is north of
- 1:11:43$32,000. The bond that I see that I
- 1:11:46believe is that's that's ordered as 6395.
- 1:11:52I mean, quite frankly, it's probably low compared based on
- 1:11:55what they were just today. But the other thing also is I, I
- 1:11:57appreciate council's argument that, you know, he wants, he
- 1:12:00wants to work and he wants to start paying, but the reality of
- 1:12:02judges, the defining has an ongoing propagation of 555 a
- 1:12:06month right now. He's paid a total of $1500 in
- 1:12:09the last year. That's it.
- 1:12:11So I mean, that's, I mean, I don't think he's been in custody
- 1:12:15that long. So any event, I mean, I mean,
- 1:12:18I'll leave you to the court's discretion, but PR, PR bond is
- 1:12:21definitely not, definitely not within the statute.
- 1:12:25So let's go to the position. Hey.
- 1:12:29I I think. The statute specifically does
- 1:12:32provide for a good cause exception.
- 1:12:34I think the fact that this is cases a non violent offense,
- 1:12:38it's it's financially I don't find good 'cause counsel.
- 1:12:43He's now with the bond actually is low of the 25% because we
- 1:12:48said it based on 25% of what's in the complaint.
- 1:12:52From the time of the complaint till now, he obviously hasn't
- 1:12:55paid because that amount has grown by almost 7000.
- 1:12:57Dollars. And so there hasn't been
- 1:13:00anything paid I, I in this and don't find based upon the
- 1:13:04argument a good cause exception to the 25%.
- 1:13:07I won't raise it based upon the number given by the state today,
- 1:13:12but I'm going to leave it where it is, which means it's going to
- 1:13:15be lower than the 25%. But something's got to be paid
- 1:13:18on this. So motion for bond reduction is
- 1:13:20denied as to this case. What do you want me to do with
- 1:13:25it? Well, I.
- 1:13:27Firstly, I'd like to waive the the exam so we're finally
- 1:13:35waiving the exam. Well, does your client want to
- 1:13:37waive or does he understand what that is?
- 1:13:39I haven't had a chance to speak to him yet about.
- 1:13:41That Your Honor. Probable Cause conference will
- 1:13:45be adjourned one week out. February 19th, 2026, 9:00 AM.
- 1:13:53Thank you, Sir. He'll talk to you and then we
- 1:13:55can figure out where we're going.
- 1:13:56Understood, Sir. Yes, Sir.
- 1:13:57Thank you. Alright, thank you.
- 1:14:00Fine. Continue.
- 1:14:01Thank you. Mr. Cooper, thank you.
- 1:14:02If you want to, if you want to talk to me, call anytime.
- 1:14:04OK, Court. Calls gays people versus Taylor
- 1:14:07Olivera to the people Assistant public manager Ben Dunn on
- 1:14:14behalf Mr. Olivera, who should be appearing on Zoom from MDOC.
- 1:14:18But we got to get him unmuted. Oh yes, Mr. Oliver, can you
- 1:14:40state your name, please? Tyler Oliver, can you hear me?
- 1:14:44Yes, Sir, we can. Thank you.
- 1:14:46OK, what are we doing? Your Honor, this is Mr. Oliver's
- 1:14:50first court appearance. I have not yet been approved by
- 1:14:53MDOC to meet with him, but I did request so on Monday.
- 1:14:57The fence would have to ask for two weeks to meet with our
- 1:15:00clients. Probable cause conference will.
- 1:15:06Is the 26 going to be enough for that to happen or are we going
- 1:15:10to get here and adjourn again? They don't turn appointment.
- 1:15:15Pardon, do. Not turn.
- 1:15:17No, is, is that going to be enough time, the 22 weeks, is
- 1:15:21that going to be enough time for you to get approved, meet with
- 1:15:23your client and do something productive or do you need an
- 1:15:26additional week? We'll take 3.
- 1:15:30Thank you Honor Global Cos Conference, March 5th, 2026,
- 1:15:349:00. AM thank you found continued.
- 1:15:39So real quick, great Granny was asking for Ellie.
- 1:15:44This is Ellie right now. She's a little indisposed at the
- 1:15:47moment. It's sleepy time.
- 1:15:49She she absolutely collapsed yesterday.
- 1:15:52She slept most of the day. So she's just kind of been out
- 1:15:55of it. But that's she's down at my feet
- 1:15:57right now. I still have to install an LE
- 1:16:00Cam down there. So we're going to work on that.
- 1:16:02But at some point she'll wake up during the stream and you can
- 1:16:05say hi to her. Anyways, back to Judge Kearney
- 1:16:09Feaster, Assistant Public Defender on behalf of him.
- 1:16:12Brian Laster, Mr. Laster, how are you?
- 1:16:15I'm. Fine.
- 1:16:16How are? You good.
- 1:16:16Please state your name for the record.
- 1:16:18Brian Laster. Thank you, Judge.
- 1:16:21I did reach out to the prosecutor on this case.
- 1:16:24We are working on trying to get a resolution to this file today.
- 1:16:28We have not yet resolved it. Hopefully that we can come back
- 1:16:31in the near future and get this matter resolved.
- 1:16:33Be asking for a briefing. Jeremy.
- 1:16:37That's fine. You do you realize he has
- 1:16:39another case? I did not.
- 1:16:41You're on. And rather sort of a cluster.
- 1:16:48Getting it here because I we're not sure what happened but we
- 1:16:51have a duplicate. Oh.
- 1:16:53It's in charge of larceny in the building, the four year felony.
- 1:16:57OK. I'll give you the case
- 1:17:00#26-F55030. OK.
- 1:17:07Thank you so much, Judge. I will include.
- 1:17:09That in my pardon. I will include that in my
- 1:17:11discussions with the prosecutor. I was talking about less than
- 1:17:13$200 in the charge. I'm here for now.
- 1:17:17I'm not aware what the charge is here for today.
- 1:17:20I was a drained. I was and the $200 from a.
- 1:17:29Hold. On Mr. Laster.
- 1:17:32Discharges this situation, charges are are.
- 1:17:36Mr. Laster, I'm going to ask you to be quiet.
- 1:17:38I don't want you to say anything about the case at this point and
- 1:17:42certainly Council doesn't know about that.
- 1:17:44I'm just going to, why don't we just go through the arrangement
- 1:17:46on this? Mr. Laster.
- 1:17:49The complaint alleges that on or about November 8th, 2025,
- 1:17:54location of 210 S 1st St. in the City of Ann Arbor, Washtenaw
- 1:17:57County, State of Michigan. It.
- 1:17:59Did commit the offense of larceny in a building.
- 1:18:02Specifically, it indicates that you did commit the crime of
- 1:18:05larceny in a bar or public house by stealing from the cash
- 1:18:09register drawer and three, stealing from the cash register
- 1:18:15drawer cash and then 3 bottles of high noon seltzer.
- 1:18:21Contrary to Michigan statute. I'm not asking whether or not
- 1:18:23you did it or not, but do you understand what you were charged
- 1:18:26with? Understand.
- 1:18:31Excuse me, Yes, I understand. All right, that is, that's a
- 1:18:36felony punishment by authority to pardon.
- 1:18:41We die across the street. Let's talk about details of the
- 1:18:44case today, because Anthony said all righty.
- 1:18:48So you understand what you're charged with?
- 1:18:49Yes, I do. You understand that that's a
- 1:18:51felony punishable by up to four years incarceration.
- 1:18:54Yes. And a $5000 fine plus court
- 1:18:56card? Yes I do.
- 1:18:57Do you wish to be represented by an attorney?
- 1:18:59Yes. Mr. Fischer, take over, please.
- 1:19:01Thank you. Judge Torresho Fischer sits the
- 1:19:03public and I'm definitely on the new file laster.
- 1:19:05Under new file, Your Honor, we would waive any formal
- 1:19:08additional reading and we'd stand.
- 1:19:10Defending every way from a reading.
- 1:19:11Standing mute court will enter not guilty plea.
- 1:19:14I will set probable cause in this case.
- 1:19:19How much time did you need on the other matters?
- 1:19:22Just a couple of weeks Judge. We had a a fairly decent offer.
- 1:19:25Maybe we can incorporate? That's fine.
- 1:19:26I'll set a probable cause conference for February 26,
- 1:19:342026, nine AM as to his bond in this case.
- 1:19:42You know, I believe he's had the bond in his other cases.
- 1:19:44I'd ask. I believe he had the bond in his
- 1:19:46cases he's in for right now. I'd ask for a low bond on this
- 1:19:48one as well. He's getting credit on
- 1:19:50everything. Well.
- 1:19:56What's he in on? I have 1000.
- 1:20:04Pass your surety on one of them and one of them out so he has a
- 1:20:07personal recognizance. Fund yes, that that sounds like.
- 1:20:16Pardon. That sounds accurate.
- 1:20:21What I'll do in this case I'll set is, but he's got other cases
- 1:20:24so I can't do. I'll set it at 5010% at this
- 1:20:30point. Other standard conditions
- 1:20:32including no assault behavior or possession of any weapons.
- 1:20:35You're not to possess any alcohol, recreational marijuana
- 1:20:38or any illegal drug. I will also indicate that he is
- 1:20:42not to enter 210 S 1st St. in the city of Ann Arbor.
- 1:20:48Thank you very much, Sir. Thank you.
- 1:21:03Thank you. Jared.
- 1:21:13Or that's called the. Case of the People versus
- 1:21:15Margaret Petoskey. But where's your skins if I Oh
- 1:21:27my God, Miss Dance, Pardon. Well, yes, because she's the one
- 1:21:36that pass it. Briefly, Court does call the
- 1:21:39case of the People versus Diala Allen.
- 1:21:46Diala, Allen. Good morning.
- 1:21:51I'm Michelle Stefan on behalf of Miss Allen.
- 1:21:54Good morning. Your name.
- 1:21:55Jayla Allen. Jayla.
- 1:21:59That's OK. Your honor, I was just appointed
- 1:22:03last night to this, so I'm requesting an adjournment.
- 1:22:06Would 4 weeks be OK with the court?
- 1:22:09Probably not, but you need 4 weeks.
- 1:22:11Yes, your Honor. Hearing no objection, probable
- 1:22:14cause conference will be adjourned to March 12th, 2026
- 1:22:20Nine AM founded. This matter will continue.
- 1:22:24Thank you 4000 case people versus Kadena Self.
- 1:22:38Good morning, Good morning, your Honor.
- 1:22:45Christina Saxon from the self Please state your name for the
- 1:22:47court. Kadena Self, thank you.
- 1:22:50What are we doing? Your Honor, we'd like to make a
- 1:22:52bond to our agreement and set this for a preliminary exam.
- 1:23:02Discovery is complete. To my knowledge.
- 1:23:05The date are we in? People have their witnesses
- 1:23:14available. The 24th Preliminary Examination
- 1:23:20in person will be set February 24th, 2026, 9:00 AM before Judge
- 1:23:26Bar. Esteban.
- 1:23:32For this up to be released on tether since the last time we
- 1:23:36learned, excuse me, that the alleged victim in this case has
- 1:23:44been arrested and charged. When we were here last time, her
- 1:23:47arm was in a cast and that was from a domestic violence event
- 1:23:50with him. They do not reside together so
- 1:23:52I'm asking. For.
- 1:23:55A release with a tether and in addition just to show you.
- 1:23:59Think something has changed since the last time I denied
- 1:24:02bond? I have more information about
- 1:24:06that. The fact that you only heard
- 1:24:09that there was a stabbing, from the looks of this, it actually
- 1:24:13warrants me having it looked at to make sure that he had not
- 1:24:16done that based on the angle of the marks.
- 1:24:21So yeah, that has changed. It's a presumption that warrants
- 1:24:28more consideration, and honestly, I know she wanted me
- 1:24:34to let you know she completed her GETGED for language arts
- 1:24:39yesterday, so she has used her time in here so far wisely.
- 1:24:47Response. I would object.
- 1:24:49Again, that previous case that was mentioned by this accident
- 1:24:52that was dismissed I believe two weeks ago, feedbacks that I the
- 1:25:00corporate providers might also put these issues out with
- 1:25:03intoxication as well. So at this.
- 1:25:06Point. Motion for bond reductions
- 1:25:10denied. Bond will continue take a look
- 1:25:13at it again. Thank you.
- 1:25:17It's TCF live on a Thursday and a special guest has showed up in
- 1:25:21this in the chat. Bailey, welcome back.
- 1:25:24Good to have you here. Oh, what do we got going on
- 1:25:28today, tonight, sidebar, 8:00 PM Eastern, 5 Pacific.
- 1:25:32We're going to be discussing the Louisiana parole hearing we
- 1:25:37heard the other day with the mother and the malnourished
- 1:25:41child. So that should be a hoot.
- 1:25:45Also, last night we did in the blind with Mike and Dan.
- 1:25:47Barb, if you do me a favor and drop a link for that, if you did
- 1:25:51not see last night's show, go check that out.
- 1:25:54It is not court related and that's the whole point.
- 1:25:56Mike and I have two topics. We have no idea what they're
- 1:25:59going to be until we are live and we have a lot of fun and I
- 1:26:02thought last night's show is pretty good.
- 1:26:04So check that out if you have not already.
- 1:26:07Let's change up a little bit. Let's go to Texas and Jefferson
- 1:26:12County, Bud Stevens. Mr. Kimmer, have you talked to
- 1:26:16him lately? He's your Gloria, right?
- 1:26:19Yes, Sir. Have you talked to him lately?
- 1:26:21No, I was going to call. To when was the last time you
- 1:26:25had a chance to talk to him? Like last time I came.
- 1:26:31Last month. Yes, Sir.
- 1:26:37Well, you were, we had you last week, right?
- 1:26:41Yes, Sir. And did you have you talked to
- 1:26:45him since then? Before that it was on January
- 1:26:509th. You didn't talk to him before
- 1:26:53January 9th. Then for Yes, ma'am.
- 1:27:02Then I see something on 2426. See what happened was you were
- 1:27:12supposed to be here in October and then we reset it until
- 1:27:15January and actually on January 9th was a a date and then we
- 1:27:32reset it to 24. When was the last?
- 1:27:35Time you talked to him months ago.
- 1:27:39When I came in October. In October, that's the last time
- 1:27:42you talked to him. Yes.
- 1:27:47OK. All right.
- 1:27:48Just. Have a seat, Cedric.
- 1:27:50Thank you. Sorry about that.
- 1:27:52Your lawyer should be speaking to you more often than that.
- 1:27:58Stephen Dodd and Michael Weissinger.
- 1:28:05Are you Steven Dodd? Notice notify me that he will be
- 1:28:08a little late and that's supposed to be a disposition
- 1:28:11this morning. Steven Dodd, Let's see if he's
- 1:28:13around. Todd.
- 1:28:30Steven Dodd. Steven Dodd.
- 1:28:34No response to that name being called in the hall.
- 1:28:38No response to the name Stephen Lynn Dog being called here in
- 1:28:42the courtroom. The defendant has failed to
- 1:28:45appear in cause #24 CR 699. What is his phone please?
- 1:29:237500. $7500 is the bond. His bond is revoked, warrant is
- 1:29:30issued for his arrest or failure to appear.
- 1:29:32It is doubled to $15,000. Plus the defendant must have
- 1:29:36AGPS device on him so we know where he is when he's.
- 1:29:38Not in court. He's supposed to be and we will
- 1:29:40alert his lawyer that his client has failed to appear start to
- 1:29:49help at all. All right, well, we deal with
- 1:30:36the sound of silence out of Stevens Court.
- 1:30:39Let's go back up to Judge Dad, see what's going on.
- 1:30:42On a civil infraction charge and no proof insurance, that's zero
- 1:30:45points. Do you understand that?
- 1:30:46Did you sign, read and understand the advice of rights?
- 1:30:50Should you plead guilty, you'll be giving up all those rights
- 1:30:52and we're not going to have a trial.
- 1:30:54You understand that? All right, you still wish to
- 1:30:57waive your right to a lawyer entered not guilty plea $100
- 1:31:01personal bond. You cannot leave the state
- 1:31:04without consent. You can't violate a law.
- 1:31:06You must appear in the court as directed.
- 1:31:07Why weren't you here on January 29th?
- 1:31:10I spent about the night court on Friday.
- 1:31:12I. Was on the 30th.
- 1:31:16Did you show? Up on the 30th.
- 1:31:18No, I had called up. What'd you call up here on what
- 1:31:21day? Call on the 30th for what?
- 1:31:24Why'd you call if you thought you had court?
- 1:31:26Why don't you just come up here? I'm going to get the date off
- 1:31:29work. I'll be.
- 1:31:29Trying to study he. Told me that I had.
- 1:31:33Imported him 20. 9 you know, talk to the prosecutor, come
- 1:31:38back in, have a seat right out in the hallway and they'll set
- 1:31:42you up. Good luck.
- 1:31:43Stevens Disposal, 266-0761 two Good morning, Mr. Osmonds.
- 1:31:50Good morning, Your honor. Jeff Osmond on behalf of Stevens
- 1:31:53Disposal. All right, so this could be a
- 1:31:55plea to overweight violation, agreed upon fines and costs of
- 1:31:58$400.00. And then you're going to also
- 1:32:02have the defective equipment which will be dismissed, True.
- 1:32:06Yes, Sir. Or authorized Internet plea on
- 1:32:09behalf of the company. Yes your honor, the charge over
- 1:32:12waste is responsible or not responsible.
- 1:32:14Responsible please. Accepted Fines cost 400 pay by
- 1:32:18March 12th. Defective equipment is
- 1:32:20dismissed. Have a good day, Mr. Osmond.
- 1:32:23Take care. You too.
- 1:32:24You too. Giles, Dan Daniel Curtis Giles,
- 1:32:2825-T-646-O53A. Do I have any of the victims
- 1:32:33here? I want to make sure that I don't
- 1:32:35have any of the victims here. And that includes Nicholas
- 1:32:39Katie. Nicholas Katie here.
- 1:32:41And and if he is or isn't as Benjamin Forest here.
- 1:32:46Benjamin Forest. Nicholas, Katie, Mr. Gamberg,
- 1:32:50good morning, your appearance. Good morning, Your Honor.
- 1:32:52Tim Gamberg, on behalf of Mr. Giles to tell us that President
- 1:32:56flag state your name there. Give me one second here.
- 1:33:05All right, so. Defended the previously fled
- 1:33:07Disorderly conduct 2, Disorderly conduct 1, and then the other
- 1:33:14two were dismissed. So I have the A file.
- 1:33:18The victims were notified again. Are either one of those people
- 1:33:22on Zoom? Heather?
- 1:33:24No judge. OK, so we'll go ahead and
- 1:33:27proceed. If you had a chance to review
- 1:33:28the report with your client and are there any material
- 1:33:30additions, corrections or deletions?
- 1:33:32Yes, Ryan, we have a couple. We did have a chance to review
- 1:33:35it this morning under the correct doctor of care.
- 1:33:39He is seeing doctor Doctor Mackney and she's NAKHMI and
- 1:33:48that's for his knee under the health set indicated good.
- 1:33:55He is still be having a porn ACL.
- 1:34:03Shall I continue? You don't you don't need to talk
- 1:34:06about his medical. I'm just talking about like like
- 1:34:11accuracy judgment. OK, good enough, good enough.
- 1:34:14Whatever you want. I mean, I'm not.
- 1:34:16I'd like to make the Rep. To be clear.
- 1:34:17That's fine. I'll modify the report.
- 1:34:19In that Ascot. The third thing on his
- 1:34:24employment status indicated that he hadn't worked since August
- 1:34:281st and that should read October 1st, which is the date of the
- 1:34:32alleged incident. 1/4 issue that we had charged was that the that
- 1:34:40the probation department had recommended a site evaluation or
- 1:34:47are basically yeah, to to be evaluated in attend of mental
- 1:34:55health treatment as recommended by our three agency.
- 1:34:59Your honor, this is this is how we got it.
- 1:35:02He went into the hospital, he was anxious, he had some issues
- 1:35:07he wanted to have his rest came out of a site hooked up a week
- 1:35:12later with a torn ACL. So that's how we got here in my
- 1:35:17say that again, he he went to the hospital.
- 1:35:21I know and that that's where he told him he had suicidal
- 1:35:24ideations, right? Well, and then, then, then he
- 1:35:27attacked the two. That's the allegations that are
- 1:35:30that that that wait a SEC, Alan, be careful with me because you
- 1:35:34your client plug, you keep saying alleged.
- 1:35:36There's no alleged anymore. He pled no contest to disorderly
- 1:35:39conduct. I relied on the police report to
- 1:35:42establish a factual basis. It said he went over to Corwell,
- 1:35:47they were going to treat him and he had suicidal ideations and
- 1:35:51started punching a couple of the attendants, the nurses, right?
- 1:35:54That was the allocation. Well, there's no allocation.
- 1:35:57Wait a minute, slow down slow. Stop saying allegation.
- 1:36:00This is a no contest plea that that's that's accurately
- 1:36:05reflected of the OK. So you, you allowed you you said
- 1:36:09you stipulate when you do a no contest plea.
- 1:36:11You stipulated to the use by the court of the of the police
- 1:36:16report. And that's what the police
- 1:36:18report says. I mean, if if he's well, I'm
- 1:36:21just telling you, if this is if you're going to continue to say
- 1:36:24allegations, maybe he shouldn't applaud to anything if he's
- 1:36:27denying any of this. I'm only pointing out why they
- 1:36:30recommended that. Perhaps I move along on that
- 1:36:36one. OK, go ahead.
- 1:36:39And then just as far as the fines, Your Honor, this would
- 1:36:42take into consideration the fact that he has not worked and has
- 1:36:46not been able to since October's first.
- 1:36:55And that's all that are the corrections or admissions that
- 1:36:58we have on the precent investigations.
- 1:37:00All right, anything else? Nothing at this time.
- 1:37:07Sure. Is there anything you'd like to
- 1:37:08say? I mean your conduct was out of
- 1:37:14out of out of hand here. It was out of hand.
- 1:37:21The prosecutor was very generous and that's their business.
- 1:37:25And I'm not going to get involved in it.
- 1:37:26But you start assaulting people and and I realized just I'm just
- 1:37:33saying, I realized the plea was too disorderly conduct, but I
- 1:37:37relied on the police report and all the release reports brought
- 1:37:41with this. You function these guys and you
- 1:37:45telling me it's suicidal about the ideations.
- 1:37:49I'm going to go ahead and place you on probation for 12 months.
- 1:37:53You cannot leave the state without the consent of the
- 1:37:55court. You cannot violate any law or
- 1:37:58ordinance. If you change your address, your
- 1:38:00place for employment or home telephone number, you must
- 1:38:02notify probation. You have you have to report as
- 1:38:06directed. You were to undergo a
- 1:38:08psychological evaluation and treatment.
- 1:38:11If recommended. You're not to have any contact
- 1:38:14with the victims Nicholas, Katy and or Benjamin Forest.
- 1:38:18You're to pay fines in the amount of $200 cost in the
- 1:38:21amount of $150.00 seven $5 victims rights fee $50 justice
- 1:38:27assessment. So fines and costs are 475.
- 1:38:31Screening fee 60 for 535 probation fees are 240 for 775 S
- 1:38:37Again, no contact with the victims.
- 1:38:41Psychological evaluations treatment if recommended I want
- 1:38:49to order five days jail credit one serve four and I'll let you
- 1:38:53serve those as follows. You're going to serve and I
- 1:38:55realize you have this issue going on with your feet there
- 1:38:58with your ACL. Three days court work program,
- 1:39:02one day community service partner $5 in court work
- 1:39:06programming fees and I'll make sure that defendant not to be
- 1:39:15scheduled for court work program, not to be scheduled for
- 1:39:20court work program until at least August.
- 1:39:26And if you have a problem that prohibits you from still doing
- 1:39:31it in August, you bring your doctor's note and I'll revisit
- 1:39:34that One day community service. I'll give you until May the 1st
- 1:39:38to complete that, that you can do that at any sedentary place
- 1:39:42and the total here is 880. If you violate, your probation
- 1:39:46could be revoked. You could be incarcerated for 90
- 1:39:49days. You've got 21 days to appeal.
- 1:39:51You have 14 days to apply for a court appointed lawyer.
- 1:39:55Any questions Mr. Gamber? Anything else?
- 1:40:00So when can he pay these? Do you want me to set him up on
- 1:40:03a payment plan? Yes, please.
- 1:40:05I mean until he gets a job and is able to get some in doubt
- 1:40:08he's going to need a payment if that's possible.
- 1:40:11Yeah, I'll do $200 a month, and we'll start that beginning on
- 1:40:17July the 1st. How's that?
- 1:40:20July 1, July 1. And if he doesn't have the money
- 1:40:24to pay at any point, all he has to do is call the court.
- 1:40:27We'll go on Zoom. I'll give him an extension.
- 1:40:29You'll meet with probation here. Anything else there?
- 1:40:35Anything else? Any questions?
- 1:40:37Best of luck to you, Luke. Anthony Durant, Look, Anthony
- 1:40:41Durant, you will meet with probation.
- 1:40:43Let's change it up. Let's go back to Judge Stevens.
- 1:40:46New contestant approaching. She's responsible news.
- 1:40:52She got sick. I know she wrote it to you on a
- 1:40:54text that I was there. She got sick and she was telling
- 1:40:57you that she can't really hear from that, so you have to talk
- 1:41:00to her about when you have to write to her so she can get it
- 1:41:06so. How long are you hearing?
- 1:41:10That she has a. Doctor she.
- 1:41:11She went to She. Went to the the ER twice and
- 1:41:15they told her and now she she. Has something in writing saying
- 1:41:18about confirming the condition or not?
- 1:41:21Medical Practitioner. Yeah, the hospital and Doctor
- 1:41:41Krishi do. You have the paperwork.
- 1:41:50Yeah, but not Ollie. You're in court.
- 1:41:52Why don't you bring the paper vote?
- 1:41:55I can speak. That's OK.
- 1:41:57It's. I'm not a problem with it, I
- 1:42:00don't have a problem with it. Y'all just need to communicate
- 1:42:02with her. If y'all need to go in another
- 1:42:04on. Her behalf to speak, yes.
- 1:42:07Yeah, yeah, y'all saw. But you don't need.
- 1:42:09To do it here. You want to do it in another
- 1:42:11room? Yeah, yeah, that.
- 1:42:13Would be great. OK, we're still waiting on a
- 1:42:15juror. OK, you.
- 1:42:17Can go in the jury room for a few minutes when this other
- 1:42:20juror shows up. They're good.
- 1:42:21They got to go back and deliver it.
- 1:42:23I need to sign up as she. Yeah.
- 1:42:24OK. What's going to happen on her?
- 1:42:27She's maintaining and she's. Oh, OK.
- 1:42:30I didn't know where that was heading.
- 1:42:32OK, they'll see. Then you just set that one for
- 1:42:36trial. It's got something set for
- 1:42:37trial. Oh, is it?
- 1:42:39Why is it gonna have it today? Oh, OK.
- 1:42:48Well, we'll just sit, sit that, sit that one for trial and then
- 1:42:53get this other one on March. Yeah, he's going to talk to you
- 1:43:01here in a minute. Y'all got to sign some documents
- 1:43:04seared. That's on notepad.
- 1:43:06How much? How much you find the old $500
- 1:43:16signed? Once again, he goes silent.
- 1:43:54He seems to have a need to do that today.
- 1:43:58Let's stay in Texas, but go say good morning to George Boyd.
- 1:44:03Deputy, did you move them to the other end?
- 1:44:07All right, Mr. Dixon, if you'll come forward, Court is calling
- 1:44:182024 CR 012476, State versus Clinton.
- 1:44:23Dixon, can I have parties announced?
- 1:44:27Robert Featherston, representing Mr. Dixon.
- 1:44:30And are you, Mr. Dixon, all right?
- 1:44:33You entered A plea to robbery and also a plea of true to the
- 1:44:40enhancements on November 6th. That's correct.
- 1:44:46Yes, this is taking a while because people in jury trials
- 1:44:49and other things and witnesses unavailable.
- 1:44:52According to your plea bargain agreement, punishment is to be
- 1:44:57assessed at a cap of 15 years in the prison.
- 1:45:01There's a $2000 fine. The state is opposed to your
- 1:45:04application for community supervision and opposed to your
- 1:45:07application for deferred adjudication.
- 1:45:09They're taking in considerate in consideration. 2025 CR 001601
- 1:45:17and 2025 CC 014159 Have both parties had a chance to review
- 1:45:25the PSI and TAP evaluation? State House judge.
- 1:45:29Yes, you are. Any objections to the PSI and
- 1:45:32tap evaluation state or defense? No, you are.
- 1:45:37All right, so both parties agreed that witnesses would be
- 1:45:41allowed to appear by Zoom. So there are two witnesses by
- 1:45:44Zoom. One witness is for the defense
- 1:45:47and one witness is for the state states you're opposed.
- 1:45:50Are you ready to proceed? We are ready to proceed, Judge.
- 1:45:53All right, you may proceed. Yes, Judge.
- 1:45:54We'll be calling Mr. Nakuya Nakubula.
- 1:45:57Next step. All right, if you'll spell the
- 1:46:00name for the port reporter, please.
- 1:46:33Just to be clear, Judge muted herself right there.
- 1:46:35We'll ride with it for a minute or two, see if that corrects
- 1:46:39itself. Hang tight.
- 1:47:01All right, the status called their first witness, their
- 1:47:03witnesses by zoom. Any objection to the witness of
- 1:47:07appearing by Zoom defense? No, you are state not from the
- 1:47:11state here. All right, so the witness by
- 1:47:13Zoom on Samsung, can you please unmute?
- 1:47:17Yes, ma'am. Council, are you requesting that
- 1:47:20their video be shown or no? No, no, you are.
- 1:47:24All right. Could you raise your right hand
- 1:47:25for me please? Yes, ma'am.
- 1:47:28Solemnly swear and affirm. The testimony you give will be
- 1:47:31the truth and nothing but the truth so help you God.
- 1:47:34Yes, ma'am. You can lower your hands, state
- 1:47:36your name for the record. Yes, ma'am.
- 1:47:46All right. The court will note for the
- 1:47:48record that the State and the defense have previously tendered
- 1:47:52to the court reporter the the witness's name and the spelling
- 1:47:56of that witness's name, and everyone is agreement that the
- 1:47:59witness is who they state they are.
- 1:48:02The state agrees. Judge.
- 1:48:03Yeah, sure. All right, you may ask your
- 1:48:05question state. Mr. Nick, can you hear me?
- 1:48:08Yes, yes, Sir. All right.
- 1:48:10How are you doing today, Sir? Good, good, good.
- 1:48:13OK, let's go to the night of the robbery.
- 1:48:17Can you piece by piece tell me what happened that night?
- 1:48:22Yeah, actually I work on that store like morning shift.
- 1:48:26I can like in early morning to open the store and the guy
- 1:48:31walked to my car and I was asking some money or I don't
- 1:48:35know what he was asking. Then he was waiting there.
- 1:48:38So I I locked my car and I went inside to the store, but he was
- 1:48:43outside the store and waiting there.
- 1:48:46So I was working inside to fix, you know, some stopping, arrange
- 1:48:49the beer and stuff like that and put ice on it.
- 1:48:52And he knocked the window like the door to open the door for
- 1:48:56him. So I said just wait.
- 1:48:57He said just open the door. Just a second.
- 1:48:59Mr. Neck, just a quick second. The first that was knocking on
- 1:49:03the window. Can you see what's going on in
- 1:49:05the courtroom right now, All? Right.
- 1:49:09Let me ask you this. Do the.
- 1:49:10Party. Speculate that the person that
- 1:49:13the witness is speaking about is Mr. Dixon.
- 1:49:16We do. Your all right.
- 1:49:17Thank you, Judge. All right, Mr. Neck, tell me
- 1:49:20what happened next. OK, so when he knocked the
- 1:49:23window, he said open the door for me.
- 1:49:25So I opened the door for him. He said I want to play the
- 1:49:29quarter machine, but he was not playing the quarter machine.
- 1:49:32He just starts shaking the machine because there is some
- 1:49:34quarter and money in it. He starts shaking that.
- 1:49:36I say don't, don't, don't shake the machine, you need to put the
- 1:49:40quarter. He said no, OK, then he went.
- 1:49:43Then he walked to the other game machine and said there there was
- 1:49:47like $100 like a like a receipt, somebody else was cashed that
- 1:49:52ticket and he said look, I won the $100.
- 1:49:54I said look, this is not belong to you, that's belong to
- 1:49:57somebody else. He left it there.
- 1:49:59He say OK. Then I was I know like he going
- 1:50:02to do something. Then he walked to the lottery
- 1:50:05ticket and he start pulling the lottery ticket from the lottery
- 1:50:08slots, you know like 2-3 ticket. Then I stop him don't, don't
- 1:50:12take the lottery ticket, you need to pay for him.
- 1:50:14He said no, I need to take it, I need it.
- 1:50:16You know I said no when I stop him he push all the lottery
- 1:50:20ticket boxes, you know like push it and pick up the whole boxes
- 1:50:25and run with the lottery ticket. You know then I run after him to
- 1:50:29get the lottery box from him and I was telling him give me the
- 1:50:32lottery box. He was not giving me when I hold
- 1:50:35his lottery box. Then he hit me on the face and I
- 1:50:38was like a bleeding and my nose was bleeding.
- 1:50:42My face was bleeding like the forehead.
- 1:50:44He he hit me with the brace, knuckle punch something like
- 1:50:49that. I don't know.
- 1:50:50He has a medal on his finger. OK, so you were bleeding from
- 1:50:54your nose as well as the side of your head?
- 1:50:57Not like a nose but my nose hurt at the top of the bone it was
- 1:51:01bleeding. Not like inside but the top was
- 1:51:03bleeding and my forehead was bleeding.
- 1:51:05I have the picture and everything and the cop will have
- 1:51:09the picture too. Mr. Neck, have you had any
- 1:51:11ongoing injuries or ongoing pain from this incident?
- 1:51:16Yes, yes. So right now as I say, like I
- 1:51:18have like a especially during cold weather, I have like a, my
- 1:51:23nose is hurting and my forehead is hurting and I'm taking like a
- 1:51:27Excedrin and every time those those pain like the pain
- 1:51:30medication. How long have you had this pain
- 1:51:33since the incident? Yes, yes.
- 1:51:35OK, And this is going to be a weird question, but I need you
- 1:51:38to answer honestly. Mr. Neck, Did you at any time
- 1:51:42try to solicit sexual relations from the defendant?
- 1:51:44No, no, that, that's kind of, I don't know why he why he said
- 1:51:49that. That's kind of silly, accusing
- 1:51:51to be honest with you. That's not true and that's not
- 1:51:54right, you know. Mr. Neck, did you do anything
- 1:51:57from your point of view that would provoke the defendant?
- 1:52:01So, So what, Sir? I did not get it.
- 1:52:03Did you do, did you do anything or say anything that would have
- 1:52:06provoked the defendant to assault you?
- 1:52:13This kind of question to be honest is I kind of get it.
- 1:52:15So sorry, Sir. That's OK.
- 1:52:17That's. Can you can you explain it like
- 1:52:19a little bit like basic? Were you aggressive towards the,
- 1:52:24were you aggressive towards the defendants or were you just
- 1:52:27trying to get the tickets back? Oh, he like he needs to get a
- 1:52:33punishment. I'm not going to forgive him
- 1:52:35because he he messed up my life. Thank you, Mr. Nick.
- 1:52:39Professor Witness. Defense.
- 1:52:42Mr. Nick, can you describe your assailant on that day?
- 1:52:51Say what? Sailing what?
- 1:52:53Can you describe your assailant? What was he wearing?
- 1:52:58The guy. And.
- 1:53:02To be honest it I don't remember, maybe like a black
- 1:53:05clothes or something like that. I cannot remember it to be
- 1:53:08honest with what he was wearing, but he's this guy.
- 1:53:12I see it. How long was that person's hair?
- 1:53:17It was long. It was long.
- 1:53:20Were they wearing makeup? I don't know, that's why I
- 1:53:26cannot remember it to be honest with you.
- 1:53:29And also, I don't know, but hey, I remember like his hair was
- 1:53:36long. It was this guy.
- 1:53:40Well, Mr. Dick, isn't it true that indeed you did try to
- 1:53:44solicit sex from from Mr. Dixon on that day?
- 1:53:50No, no, that's as I said, like that's kind of silly accusing
- 1:53:54that he did. But I said like he was asking
- 1:53:57money. He just came inside and Rob
- 1:54:00stole the ticket and run on the ticket and take the ticket out
- 1:54:03and how I'm going to be doing this.
- 1:54:05This kind of like a silly accusing.
- 1:54:08No, that, that that. That's not true.
- 1:54:12Mr. Nick, isn't it true that when he did go inside the store,
- 1:54:15you continue to harass him? You continue to ask for sexual
- 1:54:20favors and that in retaliation he took those tickets and left
- 1:54:25the store. You did have a physical
- 1:54:27altercation outside the store, correct?
- 1:54:31No, look inside this. It was a look.
- 1:54:33This is a kind of as I said this this is a kind of silly
- 1:54:37accusing, you know, he asked the money from outside and he was
- 1:54:42waiting in front of the store and I when I opened the door, he
- 1:54:46come inside and he was waiting on the chair again.
- 1:54:50They have a radio. They have everything.
- 1:54:52If you guys can ask from my boss, they might have a radio
- 1:54:56and then they can share it with you if they have it right now
- 1:54:59and they have a pictures. No, that was not true.
- 1:55:02He he grabbed the the ticket and I stopped to do not take the
- 1:55:06ticket. You know, he said no, I will
- 1:55:09take a ticket. I said no, you cannot take it
- 1:55:11when I grab him, you know the the to take the ticket from him.
- 1:55:15He pushed the whole lottery box and take the whole lottery box
- 1:55:18and run with that one. So I run after him to take the
- 1:55:22lottery box from him. Then Mr. Pick, yes.
- 1:55:26OK. You indicate that you've had a
- 1:55:30medical issue since of this incident.
- 1:55:33Did you go to an emergency room for any of these incidents?
- 1:55:38No, the ambulance was there. They put a bandages on me.
- 1:55:42They said it's kind of really deep, you know that they hit you
- 1:55:46if it was too much bleeding. So go to the ER they're going to
- 1:55:49suture your wound. But but isn't.
- 1:55:54It true? Isn't it true that you refused
- 1:55:56medical attention at the scene? No, I did not refuse it but they
- 1:56:02put a bandages on me and I said OK if I need it I will go to
- 1:56:06emergency but I did not go on that day.
- 1:56:09Mr. Dick, did you ever go to a doctor concerning your injuries
- 1:56:13on this particular incident? No, I did not go to any doctor
- 1:56:20but I have a headache as I. Said so, Mr. Dick, it's it's
- 1:56:23really safe to say you have no documentation of any injury
- 1:56:27associated with this event, correct?
- 1:56:31But I have a headache, as I said, I have a headache and nose
- 1:56:34pain. So I don't know.
- 1:56:36I probably see the doctor in the future, you know, but I don't
- 1:56:40know right now. But I, I, as I said, like I, I
- 1:56:42take like a pain medication every time when my head is
- 1:56:45hurting, my nose is hurting, I take pain medication.
- 1:56:52That's the witness, Your Honor. No.
- 1:56:54Further request the judge. All right.
- 1:56:55Is the witness excuse or subject to recall?
- 1:56:59Excuse Judge. All right.
- 1:57:00Thank you, Sir. No problem ma'am.
- 1:57:03Thank you all. Right state any other witnesses.
- 1:57:13No further witnesses, Judge. Defense, any witnesses?
- 1:57:16I do your Honor, call Doctor Joanne Murphy at this time.
- 1:57:20All right, Doctor Murphy, can you raise your right hand for
- 1:57:22me, please? Do you solemnly swear and affirm
- 1:57:25The testimony you give will be the truth and nothing but the
- 1:57:27truth so help you God. Oh, you're on mute.
- 1:57:33If you can unmute. Thank you.
- 1:57:41She's still on mute. I just sent her a request.
- 1:57:45There we go. Can you hear me now?
- 1:57:47Yes, we can. We're good.
- 1:57:49And your answer to my question. Yes, and I did say I do.
- 1:57:54All right. Thank you.
- 1:57:55You can lower your hand if you'll state your name for the
- 1:57:57record. My name is Joanne Murphy.
- 1:58:02All right, defense, you may proceed.
- 1:58:04Thank you. You are Doctor Murphy.
- 1:58:06What do you do for a living? I'm a psychologist do.
- 1:58:11You do you handle a court appointed criminal cases.
- 1:58:16Yes, I do. How how many, how many court
- 1:58:20reported criminal cases have you handled over the course of your
- 1:58:22career? Well, certainly more than 100.
- 1:58:27Maybe more than 200. OK, your your practice is
- 1:58:32general psychology then? Yes, and forensic work, both
- 1:58:40criminal and civil, do a lot of family law work and I see
- 1:58:47patients. I have a practice as well where
- 1:58:50I see people with difficulties. Good.
- 1:58:54And Doctor Murphy, how long have you been been practicing?
- 1:58:59I've been licensed for over 50 years, first in Tennessee in
- 1:59:031975 and then in Texas since 1985.
- 1:59:12All right. Thank you.
- 1:59:12And Doctor Murphy, did you have a occasion to examine a Clinton
- 1:59:18Dixon? Yes, I did.
- 1:59:21OK. And did you prepare a report
- 1:59:24concerning Mr. Dixon? Yes, I did.
- 1:59:28And your Honor, at this time I've already provided a copy of
- 1:59:32that to the court through electronic filing.
- 1:59:35Has the court had a chance to to examine that?
- 1:59:37I actually have not received that.
- 1:59:39Do you have a copy? I do judge.
- 1:59:44Do you want me to mark that and make it a part of the record?
- 1:59:48If you wish to. Otherwise I'll just take
- 1:59:50judicial no notice of it if there's no objection and I'll
- 1:59:53review it. OK.
- 1:59:55No object for the state. Then we'll just do it in that
- 1:59:58fashion. All right.
- 2:00:00Doctor Murphy, did you have to have more than one session with
- 2:00:04Mr. Dixon? Yes.
- 2:00:07What? What was your impression of his
- 2:00:12history? My first impression.
- 2:00:18Well, no. Your impressions of his history.
- 2:00:20What did you think of his history?
- 2:00:23What did I think of his? What?
- 2:00:25His history. Oh.
- 2:00:27Let me let me break it down. What did you think of his family
- 2:00:30history? That he had a very difficult
- 2:00:34early and growing up he his parents were pretty much not in
- 2:00:40this the picture. He was bounced from parent to
- 2:00:45parent and then most of his life reared by a grandmother who was
- 2:00:53at times pretty nurturing and also at times pretty abusive.
- 2:00:58There was a lot of physical abuse from both parents and from
- 2:01:04this grandmother who also to be a source of comfort and when he
- 2:01:09misbehaved, dealt with him very severely.
- 2:01:15With respect to his biological parents, can you opine about
- 2:01:21their involvement in his life? It was off and on.
- 2:01:26He would sometimes live with a parent, but it it almost always
- 2:01:32resulted in going back to grandmother at some point.
- 2:01:36Were the parents homeless? Yes, at times.
- 2:01:43Based upon your evaluation of Mr. Dixon, did he receive any
- 2:01:47adequate supervision as a child from his parents?
- 2:01:51No. Did Mr. Dixon have any problems
- 2:01:56with the the juvenile system? Yes.
- 2:02:02The Do you think that was due primarily to lack of parental
- 2:02:06supervision? And also ADHD, untreated,
- 2:02:10undiagnosed probably. OK, now when you talked to him,
- 2:02:16did you did you discover that he might have had PTSD also?
- 2:02:25Yes. OK.
- 2:02:27Where do you think the PTSD extended from?
- 2:02:31Well, he was pretty much always in trouble.
- 2:02:35He was in trouble at school, he would be expelled, he would be
- 2:02:41in trouble at home and a lot of physical abuse.
- 2:02:45And then of course, at age 15, he is certified as an adult and
- 2:02:52sent to TDC. How long did he stay in TDC?
- 2:02:58A long time. 15 years. I don't remember precisely how
- 2:03:06you're how many years, but I know he was transferred from one
- 2:03:10TDC to another. He was out for a short period of
- 2:03:14time and then was incarcerated again.
- 2:03:17Did he have any attempts at suicide while at TDC?
- 2:03:21Yes. Do you remember how many or was
- 2:03:25it just multiple? I don't remember how many.
- 2:03:29OK, what did did he get a GED while he was at TDC?
- 2:03:37Please repeat. Did did he get any education
- 2:03:40while he was at at TDC? No, and he had finished the 8th
- 2:03:45grade. OK, right.
- 2:03:47And I'm so sorry to interrupt and this is a question that I
- 2:03:51have. I hope nobody has any objections
- 2:03:53to me. Go ahead.
- 2:03:54You're asking to 5th's counsel since I'm trying to make a
- 2:03:57decision I want to do in this case.
- 2:03:59So are you saying that he was sent to prison when he was 15
- 2:04:04And he did? I read the report that you gave
- 2:04:08me and I reviewed the PSI. So you're saying he was sent to
- 2:04:11prison at 15 and he did 15 years and did the entire 15 years.
- 2:04:17So that would mean 15 + 1530. That's.
- 2:04:21Correct. So then, and this is alleged to
- 2:04:25have been committed, well, not alleged, This offense was
- 2:04:28committed when what, he was 31 or 32?
- 2:04:31That's correct. OK.
- 2:04:33I'm just trying to get the dates in my mind all right.
- 2:04:36Would would you like me to proceed now?
- 2:04:37Yes, OK. Thank you.
- 2:04:40OK. So Doctor Murphy, did he pick up
- 2:04:45any other mental health issues while in custody for that 15
- 2:04:49year period? I don't have any records from
- 2:04:56his TDC or anything like that so I don't I don't know.
- 2:05:02Was he sexually abused while he was in custody?
- 2:05:06Yes. Did that only happen once or was
- 2:05:10it multiple occasions? It was continuous.
- 2:05:17Did. From examining him, did you
- 2:05:21determine whether he got any mental health therapy while he
- 2:05:25was in custody? None.
- 2:05:28When he reported this, he was transferred to another unit.
- 2:05:32The sexual abuse continued. It was giving oral sex and
- 2:05:37receiving anal sex. And it was daily, weekly.
- 2:05:44It was continuous. What's his appearance as that of
- 2:05:48a of a male or female while he was in custody with the state of
- 2:05:53Texas? Well, as he entered to this
- 2:05:58date, Mr. Dixon has not had any consensual sexual activity.
- 2:06:07He didn't enter TDC feeling that he was homosexual, but he now I
- 2:06:16guess, would consider himself transsexual and believes that
- 2:06:22his identity should be as a female because he's had 15 years
- 2:06:29of continuous sexual activity while incarcerated.
- 2:06:35Judge, have you ever? I'm sorry, Doctor Murphy, have
- 2:06:39you ever heard of the term girly boy?
- 2:06:42Yes. Does that apply to Mr. Dixon?
- 2:06:46Not to my knowledge. I mean, he was acting out.
- 2:06:51He was aggressive, you know, he would get in trouble.
- 2:06:54I don't see anything or have heard anything that he was a
- 2:07:00girly boy. With respect to your conclusions
- 2:07:05on Mr. Dixon, could you tell the the court what you think should
- 2:07:09happen with him? You know, I think this is a
- 2:07:13horrible case and I, I don't know.
- 2:07:16This is a young man who has received no appropriate care
- 2:07:21throughout his life. He spent more time in prison
- 2:07:24than out. I think the history is horrible.
- 2:07:33He's had no, he's had drug and alcohol problems.
- 2:07:36He's had no treatment for that. He said no treatment for
- 2:07:38attention deficit hyperactive disorder and now we have a
- 2:07:43gender issue here. I I just think this is horrible.
- 2:07:50Doctor Murphy, do you think he needs mental health treatment?
- 2:07:54Absolutely do. You think he needs drug
- 2:07:56treatment? Absolutely.
- 2:07:59Do you think he needs education? Absolutely.
- 2:08:04When you tested him, what the level of education do you think
- 2:08:10he was at? I didn't do academics on him,
- 2:08:14although his cognitive functioning was in the somewhat
- 2:08:21below average range. But you've got to take into
- 2:08:25consideration that education ended at 8th grade, so he
- 2:08:31wouldn't have had the opportunity to have a obtained
- 2:08:38higher cognitive skills. Doctor Murphy, do you think it's
- 2:08:43in the best interest of society that he received a probation
- 2:08:47program? This man is going to need to be
- 2:08:51supervised clearly, but I think what has happened to his history
- 2:08:57is absolutely horrendous. I shall pass the loose.
- 2:09:05State your question, Doctor Murphy, you said that the
- 2:09:09defendant would need to be supervised.
- 2:09:11I'm having a little bit of trouble hearing you.
- 2:09:13Could you speak speak a little louder, please?
- 2:09:17I'm so sorry, Doctor. You said that the defendant
- 2:09:19would need to be supervised. What are you basing that on?
- 2:09:24His history. Do you think while talking to
- 2:09:30the defendant, did you review any of his his previous
- 2:09:35disciplinary history? While I incarcerated I I
- 2:09:39reviewed the criminal history of Mr. Dixon starting from 9/21/24
- 2:09:58to October 25. So I'm aware of the testimony
- 2:10:06about the lottery tickets, the stolen vehicle.
- 2:10:10I'm aware of that reported history.
- 2:10:13OK, Thank you. Doctor.
- 2:10:15Are I'm sure, Doctor, are you familiar with what is it,
- 2:10:20Oppositional defiant disorder? I'm sorry, I'm still having
- 2:10:24trouble hearing you. Said, Are you familiar with
- 2:10:27oppositional defiance disorder? Yes, I am.
- 2:10:32Did you see receive any indications or any presenting by
- 2:10:36the defendant that he may have some kind of oppositional
- 2:10:39defiant disorder? Well, when you have unmedicated
- 2:10:44ADHD, you're going to have symptoms that are similar to
- 2:10:52oppositional defiant disorder, and it might be hard to separate
- 2:10:58what is what, but certainly there were times that his
- 2:11:05behavior had some characteristics of oppositional
- 2:11:09defiant disorder. Thank you, Doctor.
- 2:11:12Now last question I asked you, probation is going to require
- 2:11:16the defendant to attend classes, make meetings, pretty much keep
- 2:11:21to the rules that have a abide by a very tight schedule.
- 2:11:25Do you believe that he would be successful and be able to abide
- 2:11:29by all the rules of probation? Only if he has stable living and
- 2:11:35stable support OK in his in his community.
- 2:11:44Thank you so much, Doctor. I appreciate your answer.
- 2:11:45We'll pass the question. Doctor Murphy, based upon what
- 2:11:49you know about Mr. Dixon, Well, let me back up.
- 2:11:55Doctor Murphy, can you explain to the court what a triggering
- 2:11:58event is? Yes, it's an event that triggers
- 2:12:05some previous trauma. For instance, if if I had
- 2:12:12previously been addicted to cocaine and I walked into a room
- 2:12:17with cocaine, would that be a triggering event?
- 2:12:19It would very likely. If if I had been previously the
- 2:12:25victim of of sexual abuse and somewhat attempts to solicit me
- 2:12:32for sex, is that a triggering event?
- 2:12:36Very, very likely. Thank you, Honor Pass a witness.
- 2:12:41No further question, Judge. All right.
- 2:12:43Any other witnesses? No, no other witnesses for the
- 2:12:47defense, Your honor. All right.
- 2:12:49So this is and no witnesses for the state.
- 2:12:52No, we had our one sole witness. All right, this is what I'm tell
- 2:12:55the parties. One, this is going to be
- 2:12:58something that I'm going to need to think about for like 15 to 20
- 2:13:01minutes and I will tell you what my thoughts are and then you all
- 2:13:05can give me your arguments and maybe address the thoughts that
- 2:13:09the court is having before me. I have somebody who went to
- 2:13:17prison at 15 and I keep telling people things happen in prison
- 2:13:23and people think I have some personal control over whether or
- 2:13:26not you're just allowed to do your time and nobody's going to
- 2:13:30bother you. And I keep telling people rape
- 2:13:34and everything else happens at a prison.
- 2:13:37So I'm considering the fact that he's 15 year old, years old, he
- 2:13:42gets sent to prison and he does the full 15.
- 2:13:45Now, I may be wrong, and if I'm wrong, let me know I'm wrong and
- 2:13:49I won't even consider it. But when usually from my
- 2:13:54experience as a defense attorney, when you do the whole
- 2:13:5715 years, either one or two things are happening.
- 2:14:00Either you're getting in trouble at the prison, maybe it's your
- 2:14:03fault, maybe it's not your fault.
- 2:14:05Or either you have a complainant who comes to prison every time
- 2:14:07and says do not give this person parole.
- 2:14:10And then I'm looking at the fact that he's a product of CPS,
- 2:14:15which I always tell everybody, the government does not raise
- 2:14:18children very well. CPS workers are overworked,
- 2:14:23underpaid. So these are some things that I,
- 2:14:26I need to think about when I'm considering all of this because
- 2:14:30Mr. Dixon, I look at the entire life of a person, not just the
- 2:14:36incident, because if you just look at the incident, then it's
- 2:14:39an easy decision. And I'm also looking at the fact
- 2:14:42that for some reason his name is Clinton Dixon.
- 2:14:46Then he has another sibling that they decided some father I guess
- 2:14:50who thought hey, I'm a great dad.
- 2:14:53Let me name this other child Clinton Dixon as well.
- 2:14:57So if y'all can formulate your thoughts on that, well I think
- 2:15:01about a few things and I y'all can come back at 10:30 and I
- 2:15:05will have made a decision. Thank you.
- 2:15:07All right, thank you. Thank you Doctor Murphy for
- 2:15:10giving me some insights. So this one is interesting and I
- 2:15:16will definitely rotate back here when they come back.
- 2:15:21So as I understand it, we have like this robbery or whatever
- 2:15:26assault, whatever went on there. But this is a defendant who was
- 2:15:32put in a prison at 15 as an adult, and it seems like for 15
- 2:15:38years he was taken advantage of in that prison.
- 2:15:42But does that mitigate his responsibility?
- 2:15:46These are the questions. So, yeah, I'll be curious to see
- 2:15:48where this one goes. Let's stay in Texas.
- 2:15:52Back to Judge Stevens. The guy from earlier is.
- 2:15:54Back reading of the indictment and arraignment, can we proceed
- 2:15:57in some? Yeah, yeah, sure.
- 2:16:00And in summary, Sir, this indictment alleges that honor
- 2:16:03about April 10th, 2025 in Jefferson.
- 2:16:08It's on its way up in Jefferson County, Texas.
- 2:16:14This alleges that you committed the third degree felony of
- 2:16:17unlawfully carrying a weapon in a prohibited place, which was
- 2:16:22namely Lamar University, Beaumont, TX.
- 2:16:26Do you understand what you were charged with?
- 2:16:28Yes. If convicted, you face no less
- 2:16:30than two, no more than 10 years confined in prison and a fine up
- 2:16:34to $10,000 can be assessed. Do you understand?
- 2:16:37Yes, Sir. If an agreement has been
- 2:16:40reached, you would be pleading guilty, placed on deferred or
- 2:16:43unadjudicated probation, or 10 years.
- 2:16:46There's a fine of $500. Is that right?
- 2:16:49Are there any other terms and conditions of probation?
- 2:16:53Probably straight off of the launch, yeah.
- 2:16:55Were you a student there? I went to LIT the other campus.
- 2:17:00OK. Or are you still at LIT?
- 2:17:03I'm going to be enrolled. Yes, Sir.
- 2:17:04Hold that loan. I'm not sure what their rules
- 2:17:10are about that. What do y'all say about it?
- 2:17:13He was. I don't want to butt in, but I
- 2:17:16don't. I would say can we put a caveat
- 2:17:19or stay off the campus unless attending enrolled courses?
- 2:17:23What were you doing on there in the 1st place I was.
- 2:17:26Visiting Front. They were the dumps, Your Honor,
- 2:17:29I. Believe they were they.
- 2:17:30Were in the dorms. I believe in this occurred all
- 2:17:35right. There will be terms and
- 2:17:36conditions of probation that are normal and customary.
- 2:17:39Plus you are disallowed from being on any of the Lamar
- 2:17:47University or Lamar related campuses except for purposes of
- 2:17:54school. Is that where you were enrolled?
- 2:17:56And you were attending. Class, don't do that again.
- 2:18:03Our schools in a school zone. Yes Sir, If I follow this
- 2:18:17agreement, you have no right of appeal of your case.
- 2:18:21Do you understand? Sir.
- 2:18:22Yes, Sir. How do you plead to this charge?
- 2:18:26Guilty or not guilty? Yes.
- 2:18:28Are you pleading guilty voluntarily?
- 2:18:30That is on your own free will? Yes, Sir.
- 2:18:34And because you are guilty? Yes, Sir.
- 2:18:38You know I'm. The bar is not showing.
- 2:18:48The bottom bar is not shown on if somebody's tablets are
- 2:18:51necessary. I'm talking about on this on the
- 2:18:54screen I can see the date on the tablet, but I normally refer to
- 2:19:01it up on the on the screen and. I'm going to show you, Sir,
- 2:19:34what's marked as State's exhibit one.
- 2:19:36Did you sign that document voluntarily?
- 2:19:39Understand it? Discuss.
- 2:19:41It with your. Attorney, are the contents all
- 2:19:43true and correct? State's Exhibit 1 is tendered
- 2:19:46into it, no. Objection.
- 2:19:48Without objection, it is admitted this states that you
- 2:19:51are mentally competent and you're guilty plea.
- 2:19:54It's freely involuntarily made you know what you've been
- 2:19:57charged with the indictments been read to you.
- 2:19:59You've read it. You are guilty of the crime
- 2:20:00charged than any lesser included offenses.
- 2:20:03You are giving up your rights to a jury trial and the rights to
- 2:20:06the appearance confrontation, cross examination of witnesses.
- 2:20:09You were totally satisfied with the representation provided by
- 2:20:11your lawyer. All of this is true of states,
- 2:20:14so help you God State's exhibit one part of the record without
- 2:20:19objection. Presence reports away, so I will
- 2:20:23follow this agreement and I will find you are indeed mentally
- 2:20:28confident to enter your guilty plea.
- 2:20:30It is freely and voluntarily made.
- 2:20:34Even though there's. Sufficient evidence supporting
- 2:20:35your guilty plea from State's Exhibit 1, admitted here to find
- 2:20:38you guilty beyond a reasonable doubt.
- 2:20:41I'm going to defer or postpone any finding of guilt so long as
- 2:20:46you follow terms and conditions of probation.
- 2:20:49Probation officers will. Go over.
- 2:20:51With you most of these terms of probation or terms that we all
- 2:20:56have to follow like don't commit a crime, don't associate with
- 2:21:01disreputable people. But there are other terms and
- 2:21:05conditions of probation which we don't we're not required to
- 2:21:09follow. But you must such as don't use
- 2:21:13or possess any drug and unless otherwise allowed by
- 2:21:19prescription and and again, you will stay off of Lamar
- 2:21:27University campuses unless you are enrolled in campus and
- 2:21:34enrolled in school and are attending class.
- 2:21:37So you will be placed on 10 years deferred unadjudicated
- 2:21:41probation and a fine of $500 and you do well, it can be shortened
- 2:21:48to 1/3 of 10, which is 3 1/3 three and a third years.
- 2:21:56So it could be shortened to that.
- 2:22:03Please see the probation officer.
- 2:22:04Thank you. We're.
- 2:22:08Going to rotate back to judge Boyd in a second.
- 2:22:10She has a new contestant, but creeping up on the 4th hour,
- 2:22:14only about 40 minutes away. We will at least start with
- 2:22:17doing more court in in hour 4. Bailey, since you haven't been
- 2:22:22here for a while, we have 1/4 hour now.
- 2:22:24Sometimes we just watch court. Sometimes we have debate on the
- 2:22:29things that we've seen for the day.
- 2:22:30Other times I dig into court and law news that we don't
- 2:22:34necessarily see in the courtrooms that we follow.
- 2:22:38So every day is a little different, but today it's
- 2:22:40probably going to be more court. Any who, let's get back to Judge
- 2:22:44Boyd. Hi.
- 2:22:49Hello. Morning.
- 2:22:52I'm. Sorry, my computer has been very
- 2:23:01slow today. It's.
- 2:23:02OK. Do you want my copy?
- 2:23:03Oh, it's pulling up. It's coming up now.
- 2:23:09And I could just. Give you a quick synopsis.
- 2:23:12So Miss Medina is here because there was a supplemental report
- 2:23:15submitted to the court indicating some compliance as
- 2:23:19some possible compliance issues. It was reported to the court
- 2:23:23that there was some inappropriate behavior while
- 2:23:32doing a while she was at a office visit and then there's
- 2:23:40been marijuana use and basically that's it.
- 2:23:47Judge, we do have some information to provide for the
- 2:23:51court. So there has been she's in the
- 2:23:55dual diagnosis outpatient program.
- 2:23:57Currently there's been 18 positive UA for marijuana.
- 2:24:02She's been trying to get a medical marijuana card because
- 2:24:06of some physical medical issues that she has.
- 2:24:13However, what's hidden her from getting that card is getting her
- 2:24:16medical documentation from the doctors that she visited while
- 2:24:21she was in Corpus. She has asked probation to allow
- 2:24:26her to go to Corpus for a day just so that she can obtain all
- 2:24:30of the records she needs. However, I think during that
- 2:24:36visit is when the inappropriate behavior happened and at that
- 2:24:42time probation said no. So she is well aware of how she
- 2:24:49should conduct herself during office visits and we've talked
- 2:24:56about that and she knows she knows what to do going forth.
- 2:25:01She is asking the court's permission to go to obtain her
- 2:25:05medical records so that she can be in compliance with everything
- 2:25:09that she needs to do as far as the marijuana use is concerned.
- 2:25:16She's completed her anger management program and and like
- 2:25:20I said, Judge, she's currently in the dual diagnosis outpatient
- 2:25:24program. All right?
- 2:25:27So if you're angry and upset with people, right, how does
- 2:25:32that help you obtain what you're seeking to obtain?
- 2:25:37If you're shouting at people, if you're being belligerent people,
- 2:25:40it doesn't help at all. So because you did that, you're
- 2:25:44still not in Corpus. They denied your right to go to
- 2:25:47Corpus, right? Listen.
- 2:25:53All right, So being belligerent to people and not being nice to
- 2:26:02people, that really doesn't help anything because when you're
- 2:26:06belligerent and you're not nice to people, unless they are
- 2:26:10paragon and society, they usually are not nice back.
- 2:26:15And then I find that when people start shouting each other, then
- 2:26:20they're really not listening to each other.
- 2:26:22It's just like, you know, get out of my office.
- 2:26:25I don't want to deal with you because you're trying to ruin my
- 2:26:28good day, and I don't know how many times I have to say it to
- 2:26:32people. If there's an issue, let your
- 2:26:34probation officer know about it. If you feel as they're not
- 2:26:36addressing it, you can still come to court and address it
- 2:26:39with me. I was not aware of any of that.
- 2:26:43Like that. No, I say that every time to
- 2:26:46every people, every person who's on probation.
- 2:26:49I let them know that. But the one thing we don't do is
- 2:26:56try to ruin people's day by being mean and disrespectful.
- 2:27:01Because I guarantee you, the probation officer you spoke to,
- 2:27:05they're not paid enough money for what they do, right?
- 2:27:10And then they're dealing with somebody who's coming in being
- 2:27:12disrespectful to them, ruining the day.
- 2:27:16Sometimes you may be the only person that stops somebody from
- 2:27:22just throwing their hands up and losing it.
- 2:27:25So it's always nice, even if you are having a bad day to greet
- 2:27:28somebody with a smile and a hello.
- 2:27:30You don't know how that may impact their day.
- 2:27:33And you negatively impacted somebody's day.
- 2:27:36And so they had negatively impacted you by saying you're
- 2:27:38not going to Corpus, you understand?
- 2:27:41Yes. So we don't do that here.
- 2:27:43I require that everybody treats everybody with respect.
- 2:27:46And even if you don't respect them, pretend you understand.
- 2:27:50It's a golden move. All right, So what are you
- 2:27:52requesting, Probation Judge? So at this point, we are
- 2:27:56requesting that Miss Medina have the ability to go ahead and go
- 2:27:59to Corpus, obtain what she needs to obtain and move forth with
- 2:28:06getting what she needs to get for the Medical Compassionate
- 2:28:10Youth program. I'm also requesting once she
- 2:28:15becomes compliant. Miss Medina has expressed the
- 2:28:19need she hasn't seen her family in quite some time and her
- 2:28:24family lives in the Valley. She says she hasn't seen her
- 2:28:29father and she would like to go to to the valley to visit her
- 2:28:35family. Do they want her to visit?
- 2:28:40I have to cut them off from the zomers that I kept making them
- 2:28:46wait on me. Well, no.
- 2:28:47Here's the thing. Sometimes people say they want
- 2:28:49to visit family, and I'm always wondering whether or not family
- 2:28:55wants them to visit because I don't want probate people who
- 2:28:58are on probation to end up involved in situations that
- 2:29:03they're not ready for. So that's why I'm asking that
- 2:29:07question. So do you know if they're ready
- 2:29:08to see you? They've been waiting on me.
- 2:29:12Well, I mean, well, When's the last time you spoke with them?
- 2:29:15About a month ago. All right.
- 2:29:17So I tell you what, I will strongly consider allowing you
- 2:29:21to do that. But what I need you to do is
- 2:29:24have them reach out to probation to let probation know that they
- 2:29:27would like to have contact with you.
- 2:29:29And if their answer is yes and if everything else is taken care
- 2:29:35of me and you're doing well, I will sign the order for you to
- 2:29:39go visit with them. OK.
- 2:29:41So whether or not you visit with them, a lot of it's going to
- 2:29:44depend on you getting what you need in order to do that first
- 2:29:48thing, get them in contact with probation for them to say yes,
- 2:29:53we want her to visit with us. And then that probation is going
- 2:29:56to need to know where you're going to be staying when you go
- 2:29:59visit. And then when you come back,
- 2:30:01you'll have to do AUA upon return.
- 2:30:04You understand? And if that's yes or no?
- 2:30:07Yes, ma'am. And if this medical reports you
- 2:30:11need from it's corpus, if you're not able to get that and you
- 2:30:16don't get a card for use for marijuana for medical purposes,
- 2:30:23then you're going to have to start doing somewhere something
- 2:30:25else because you're not allowed to smoke marijuana while you're
- 2:30:28on probation or use marijuana while you're on probation unless
- 2:30:32you have a medical prescription. Do you understand?
- 2:30:35All right, so when is this trip for Corpus needed?
- 2:30:38What? Day as soon as possible because
- 2:30:40I did call in order for me to what date if anything tomorrow I
- 2:30:46I'm able to go as soon as I'm able to be let go and how long
- 2:30:50are you You're going to need to be there as long as the offices
- 2:30:53are open majority of the time they're open till 5.
- 2:30:57All right one day judge. So she's allowed to leave
- 2:31:07February 13th. You may want to call them
- 2:31:09because sometimes doctor's offices they close early on
- 2:31:12Friday or they're off on Friday. And.
- 2:31:15Monday is a holiday for some offices as well, so they may
- 2:31:18close early. All right, so Tuesday.
- 2:31:22So we'll do. Tuesday, yeah.
- 2:31:24All right, so February 20th, is that Tuesday's 18th?
- 2:31:29Let me see. Or is it 17th, 17th?
- 2:31:32All right, so February 17th and I'll put on here.
- 2:31:38She's allowed to leave February 17th or February 12th because
- 2:31:45you may call them and they may say no.
- 2:31:48We'll be open all day tomorrow. All right, Is there anything
- 2:31:52else? Is there anything else?
- 2:31:54No judge all. Right.
- 2:31:55So in this court, communication is key.
- 2:31:58If there is an issue, let your probation officer know about it.
- 2:32:02If you feel probation is not addressing it, you can always
- 2:32:05come back to the court and address it with me.
- 2:32:07All right, Anything else you need?
- 2:32:09All right, good luck to you. You're welcome.
- 2:32:18All right, I'll continue to keep an eye on Judge Boyd.
- 2:32:20Wait for that other defendant to come back, but let's head up to
- 2:32:23Michigan. Judge Mom.
- 2:32:25We are the boy here on behalf of.
- 2:32:27Pierce, let's shut the station in two years, all.
- 2:32:30Right, thank you. Did he did that come through OK?
- 2:32:33Do it a little bit more loudly please 2.
- 2:32:35Years in the. Perfect.
- 2:32:38And today is the date scheduled for the arraignment in the
- 2:32:42pretrial in these matters and Council.
- 2:32:45Yes, you are. My client waives formal reading
- 2:32:47and stands made to the charge. The court will waive the formal
- 2:32:53reading, enter a plea of not guilty for purpose of the
- 2:32:55arrangement and as to the pretrial.
- 2:32:58Yes, you're I've. Reviewed this matter with Mr.
- 2:33:00Smith of the City. Attorney.
- 2:33:04My client's prepared to offer guilty plea to the amended
- 2:33:07charge of no no operator's license on person.
- 2:33:11The original offense could be disputed and also pointed out.
- 2:33:14For the record, I'm going to discuss this matter with the
- 2:33:16client playing to him that there are licensing sanctions, which
- 2:33:21are. Beyond.
- 2:33:23Beyond the control of this court, and we're turning to
- 2:33:26that. There is there are no points,
- 2:33:30but it is referred so as far as what affected us on his driving
- 2:33:33record, that's he understands that that's can't avoid that.
- 2:33:42The I also want to point out to him if you have discussed that
- 2:33:46he's like discovery in this pattern.
- 2:33:48He raised some some procedural issues privately with me,
- 2:33:53explained what could happen if we were in order of discovery.
- 2:33:56There's no penalty, there's no extra cost to do that.
- 2:33:59But he advised me that knowing that he's prepared to go forward
- 2:34:02and accept the plea today to resolve the matter.
- 2:34:05Is that correct? Mr. Smith?
- 2:34:06Yes, thank you. Did that come through autumn?
- 2:34:10Yeah. OK, Sir, please raise your right
- 2:34:12hand. Do solemnly swear or from
- 2:34:15testimony about to give him this matter.
- 2:34:16Be the truth, the whole truth, and nothing but the truth.
- 2:34:18Yes. And you heard the plea that was
- 2:34:20placed on the record, correct? Yes.
- 2:34:22As to the amended charge of no operator's license on person,
- 2:34:26how do you plea? You've gone over your advice of
- 2:34:30rights with your attorney, correct?
- 2:34:32And you understand all of those rights.
- 2:34:34You also understand by entering into a plea that you'll be
- 2:34:37waiving some of those rights. You understand the possible
- 2:34:41penalty as a result of your plea, whether in this court, any
- 2:34:44other court or administrative agency, and by administrative
- 2:34:47agency that could be the Secretary of State also.
- 2:34:50So are you on probation or parole anywhere?
- 2:34:53Yes. So that could affect your
- 2:34:54probation or parole status. Do you understand that?
- 2:34:57Yes. Knowing all of that, do you want
- 2:34:58to continue with your plea? Yes.
- 2:35:00Has anybody promised you anything, threatened you or
- 2:35:02coerced you in any way for you to enter into a plea?
- 2:35:04No. Any immigration issues?
- 2:35:07No. Council, if you can, please void
- 2:35:08your client. Yes, Mr. Smith, you recall
- 2:35:11being, let's see, operating Board of vehicle on 4th St. on
- 2:35:16or about March 17th, 2025. Yes.
- 2:35:18At that time, you have an interaction with a Wyandotte
- 2:35:20police officer. Yes, and.
- 2:35:22And during that, during that interaction, you did not have a
- 2:35:26valid license item to put that correct.
- 2:35:28Yes. All right.
- 2:35:29I'm satisfied with that. All right.
- 2:35:31The court is also satisfied the plea is knowing, voluntary and
- 2:35:33factually accurate. The court will accept your plea
- 2:35:35to the amended charge dismissed the original charge per the plea
- 2:35:38agreement. And as to sentencing counsel,
- 2:35:40you're asking for immediate sentencing.
- 2:35:42I can. Say a few words.
- 2:35:45Yes. Well, Mr. Smith.
- 2:35:48Mr. Smith is gainfully employed the employee of the City of
- 2:35:51Detroit Animal Control Officer. For.
- 2:35:54Past three years, Is that accurate, Sir?
- 2:35:58He. Something else, I think that I
- 2:36:00think the court might take interest in his in his spare
- 2:36:05time. He's a motivational speaker.
- 2:36:06He speaks to inner city youth. He has a story.
- 2:36:09I'd like you to hear him telling you about what brought me to
- 2:36:12that. But he works with a program
- 2:36:14called Prison Wives Turn to Bosses.
- 2:36:17Is that correct? Yes.
- 2:36:18Prison wives turn to bosses or lives.
- 2:36:22OK, there's an activist who has started a program and he
- 2:36:27participates in the program. He gets a lot of personal
- 2:36:30satisfaction on it. But if the court wants wants to
- 2:36:32hear a little bit of the background, what brought into
- 2:36:34that, I think it might give you an idea of the character of Mr.
- 2:36:37Snow. OK.
- 2:36:40Well, back in 2024, I was shot five times by my best friend.
- 2:36:46When I came home with my dialysis and the nurse home, I
- 2:36:49ran into a lady named Tony Perry.
- 2:36:51She told me my story was interesting.
- 2:36:52She would like for me to follow her and go speak to the you or
- 2:36:55she speaks to the older people in generation and she speaks to.
- 2:36:57And so I said then I'm just winging up and I go to different
- 2:37:00juveniles from Macomb County, State Care Shores.
- 2:37:03This week I'm supposed to go to Toledo, OH and that's what I
- 2:37:06just do, but I don't. Work at the.
- 2:37:09Animal shelter, OK. And Sir, how do you get to those
- 2:37:18places? Because she pays for our trips.
- 2:37:20Because. We all ride.
- 2:37:21On the bus together. OK.
- 2:37:24And at the city of Detroit, do you work animal control with a
- 2:37:30partner? I work for the.
- 2:37:32City of Detroit Animal Control office.
- 2:37:34I understand that. So do you work with a partner or
- 2:37:36are you on your own? OK.
- 2:37:40And what is the message that you give to the youth?
- 2:37:44Well, I tell you. Back when I was growing.
- 2:37:46Up nobody ever told me. Like, what's the latter part?
- 2:37:48Letters of friends eating. And he has all of the cats we're
- 2:37:50in at some point, so I'm always tough, you know, friends always
- 2:37:54there forever. I would never tell me.
- 2:37:56Like, you know. Get older.
- 2:37:57You got to wing up, do things all you got to understand that
- 2:38:00no one's going to be here no matter who they are.
- 2:38:02It can be you get off for 20-30, forty years, never know.
- 2:38:07Right. Interesting the NDS the first 3
- 2:38:11letters are Fri, which could be fry right?
- 2:38:14Sometimes your your friends leave you out to fry right?
- 2:38:20They're not really your friends. So, Sir, how long have you been
- 2:38:26doing that? I've been home for.
- 2:38:28About a year and a half now. So I should stay up to like,
- 2:38:31well, it's. Almost a year now.
- 2:38:33OK. And so.
- 2:38:45Why do you keep driving? Well, I don't drug that day
- 2:38:49because we had to give a call to a dog was more than a child.
- 2:38:54So what I do is I decapitate a lot of the dogs and there's only
- 2:38:57a few of us there that can do it and I have to give them.
- 2:38:59So we can't protect the dog to stick the.
- 2:39:01Head out to see if the. Dog had rabies because the kid
- 2:39:03had. To go to the hospital, OK.
- 2:39:05So I'm just hop in an Uber or a Lyft.
- 2:39:09To be honest, it was around cinema.
- 2:39:11Dad, think about it. I.
- 2:39:12Was just trying to get the quickest way possible.
- 2:39:14I get it. But Uber and Lyft drivers are a
- 2:39:17dime a dozen in this area because, right, it's very highly
- 2:39:21populated area. So you could probably get there
- 2:39:24and it would have been a lot less expensive.
- 2:39:26Right. OK, How'd you get here today?
- 2:39:32OK. How much of that cost?
- 2:39:33Well, that's the Hills St. OK, let's see your app.
- 2:39:38Pull it up. But my phone's actually got to
- 2:39:40be charged when I leave, I got to order another.
- 2:39:42Uber to get off them. So I'm like I said about I have.
- 2:39:45The bathroom. By the bathroom.
- 2:39:47Just left it out there unattended.
- 2:39:49Yes, I mean I had to keep your charge until I get home.
- 2:39:51I know I. Had.
- 2:39:53But hope you would. Hope that in a.
- 2:39:55Courthouse you could trust. People that are here, but
- 2:39:58hopefully All right, Sir, you're not driving anymore, OK?
- 2:40:06And you want to get your license back, right?
- 2:40:08And So what steps do you what do you need to be able to get your
- 2:40:11license back? They told me right now it is one
- 2:40:14that I'm holding up. I had to wait for a court date
- 2:40:18and finally I got a court date today so I can step forward to
- 2:40:20see what else we need to do. OK, So you do know that if you
- 2:40:25want to get your license back at any reasonable time in the
- 2:40:28future that you really should refrain from driving?
- 2:40:33Yes. Correct.
- 2:40:35Yes. OK.
- 2:40:39Do you have another case in this court?
- 2:40:46Autumn, can you pull up 25-381 please?
- 2:40:52I'm just checking something sort of make sure that there isn't
- 2:40:54something that's. 2. 5. Dash 38.
- 2:40:57One, yes. Is there not a case number for
- 2:41:03that? OK.
- 2:41:19OK. So there's nothing pending for
- 2:41:24for Mr. Smith. OK, just want to make sure
- 2:41:27because there was another case number on your receipt, Sir.
- 2:41:30And then for your bond and it was moved to this case.
- 2:41:32So I just wanted to make sure there wasn't another one that
- 2:41:34maybe you had forgotten about or something.
- 2:41:36So all right, here, Sir, I'm going to do you a salad.
- 2:41:42All right? I'm going to order a $100 fine,
- 2:41:48crime victims fee of $75, justice as an assessment fee of
- 2:41:52$50. So that is $225.
- 2:41:57I'm going to order $25 in cost so we can apply your bond 100%.
- 2:42:01You don't have to pay any more money out of pocket.
- 2:42:03OK. So I haven't told them the worst
- 2:42:06judge in the world. So you're going to see that if
- 2:42:09you are back here again driving. Got it.
- 2:42:13OK. All right, Have a good day, Sir.
- 2:42:15Just stop over the window in case you have to sign something
- 2:42:17over. OK.
- 2:42:19All right. You're welcome.
- 2:42:20Good luck to you. All right.
- 2:42:23And so we are on the record in the matter of the state of
- 2:42:27Michigan versus Chadwick City 2655.
- 2:42:37OK. Good morning, Mr. Stamper.
- 2:42:40OK, you're waving your right turn, attorney.
- 2:42:42Yes. OK.
- 2:42:43We have a waiver that we need you to sign and then we'll call
- 2:42:46this matter up, OK? I.
- 2:42:47Believe they are signing. I don't let me see here.
- 2:42:53Oops. Yep, it's on the.
- 2:42:54It's on the other side. OK, I missed that.
- 2:42:58No, that's OK. OK, so Sir, your name for the
- 2:43:15record please. Chadwick, Stampy.
- 2:43:18OK, Please keep your hands out of your pockets.
- 2:43:20Today is the date scheduled for your arraignment in pretrial in
- 2:43:25these matters. And Sir, do you know why you're
- 2:43:30here? Do you want the court to read
- 2:43:31the charges or do you want to waive the formal reading and
- 2:43:33continue with the proceedings? OK.
- 2:43:38The court will waive the formal reading.
- 2:43:40Enter a plea of not guilty for purposes of the arraignment.
- 2:43:43And Sir, you have an opportunity to speak to a prosecuting
- 2:43:45attorney today, correct? All right.
- 2:43:48And there seems to be a resolution correct?
- 2:43:53Are you picking them up? Yes, OK.
- 2:43:55And so, Sir, what is the nature of that resolution, for the
- 2:43:59record? The nature of the resident was
- 2:44:02that the driving while license was coming, second offense was
- 2:44:04going. To be dropped.
- 2:44:05And I was going to plead guilty to the low outstanding person.
- 2:44:10OK. And Sir, I am required to inform
- 2:44:22you. I know that you've reviewed this
- 2:44:23document and that you've initialed, but I'm required to
- 2:44:27inform you, Sir, that you do have the right to have an
- 2:44:31attorney representing. You in all.
- 2:44:33Critical stages of the criminal process and that this stage is
- 2:44:39one of those critical processes of the criminal or critical
- 2:44:44stage of the criminal process. Do you understand that, Sir?
- 2:45:01And you do understand, Sir, that if you wanted to have an
- 2:45:03attorney representing, you could have one appointed to represent
- 2:45:06you at no cost. You understand that?
- 2:45:10And knowing all of that, do you want to continue this process
- 2:45:17representing yourself? Yes.
- 2:45:26And you did, in fact, initial this document, correct?
- 2:45:28Yeah, and you read and you read this prior to to initialing it
- 2:45:32is that also correct? OK.
- 2:45:34And that document would be 27th District Court Michigan indigent
- 2:45:37defense counsel program waiver attorney.
- 2:45:40OK. And so Sir, I'm going to have
- 2:45:43you please raise your right hand.
- 2:45:45You saw me swear or from testimony you're about to give
- 2:45:47in this matter be the truth, the whole truth and nothing but the
- 2:45:49truth. Yes, ma'am.
- 2:45:50OK. And Sir, as to the free trial
- 2:45:59that you're going to be pleading guilty to no operator's license
- 2:46:01on person, how do you plead? And you've gone over your advice
- 2:46:07and rights, correct? And in fact, you signed that
- 2:46:09document, is that also correct? Yes.
- 2:46:12Did you have any questions regarding those rights?
- 2:46:16You understand by entering into a plea that you'll be waiving
- 2:46:18some of those rights, Yes? You also understand, Sir, the
- 2:46:30possible penalty as a result of your plea, whether this court,
- 2:46:34any other court or administrative agency, which the
- 2:46:37administrative agency could be the Secretary of State.
- 2:46:40Also, are you on probation or parole anywhere, Sir?
- 2:46:43OK. And so knowing all that, do you
- 2:46:46want to continue with your plea? Has anybody promised you
- 2:46:50anything, threatened you or coerced you in any way for you
- 2:46:52to enter into a plea? Any immigration issues?
- 2:46:55No, Sir. On the date in question, that
- 2:46:59being January 8th of 2025, were you in the city of Wyandotte?
- 2:47:05And you had police contact at some point, correct.
- 2:47:09And you were operating motor vehicles that also correct?
- 2:47:13And upon request of the police officer at what seems to be a
- 2:47:17subsequent traffic stop, you were unable to provide a valid
- 2:47:21operator's license to the officer, correct?
- 2:47:25And that was in the city of Wyandotte, is that also correct?
- 2:47:28All right, the court does find the plea as knowing, voluntary
- 2:47:30and factually accurate. The court will accept your plea
- 2:47:33to the amended charge. Dismissed the original charge
- 2:47:35for the plea agreement. And Sir, are you asking for this
- 2:47:38court to oppose immediate sentencing or do you want to
- 2:47:41come back for a sentencing date whereby you would have a pre
- 2:47:45sentence interview and the court would receive a recommendation
- 2:47:49from probation? We could wrap up.
- 2:47:51This today, and I would repeat. That OK, great.
- 2:47:53What would you like the court to know, Sir?
- 2:48:02Right. About the offense or about you?
- 2:48:05Don't say it. OK.
- 2:48:16Well, Sir, what's the status of your license?
- 2:48:21It was suspended. OK, why is it suspended?
- 2:48:24I have a default judgment that was under defunction back in
- 2:48:272019 and I tried to file a motion to set it aside because
- 2:48:33I. Were you incarcerated in 2019,
- 2:48:36Sir? So really, I know that you've
- 2:48:39declined attorney today. However, you really should speak
- 2:48:41to an attorney because if you were in custody when a default
- 2:48:46judgment was entered against you, that would be a grounds to
- 2:48:49set aside the default judgement. And I'm, I'm completely aware of
- 2:48:53that guy. And I actually talked to the the
- 2:48:55court administrator at 36 and she's the one that kind of
- 2:48:58helped me with the process of filing the motion to set it
- 2:49:01aside. I filed all my documents and
- 2:49:03everything. I just like, I can't pull up the
- 2:49:07case. It's not pulling up nowhere on
- 2:49:09the on the state's case website. I've called the court a couple
- 2:49:15times. They said that they assigned it
- 2:49:16to a judge, but they're just like the judges waiting for I
- 2:49:20don't know what and it like. What is the charge in 36
- 2:49:24District Court, Sir? It was for default judgment for
- 2:49:27because I in 2018 I was in a car accident and my passenger was
- 2:49:34injured. Oh, so is it a default like is
- 2:49:36it a it? Was like.
- 2:49:37A financial OK. Claims that's what Secretary of
- 2:49:41State when I was released. I came home in 2023.
- 2:49:44And I went down. To Secretary of State I, I paid
- 2:49:46off all the I had like a couple tickets in Lincoln Park that
- 2:49:49they wouldn't do it by mail so I had to come I had to clear up
- 2:49:53some of those tickets and then Secretary of State's like oh you
- 2:49:56had this assigned claims it's like 10 grand you got a deal
- 2:50:01with and they gave me a number to this debt collector and I had
- 2:50:03to pay like $500 down. I was paying $150.00 a month
- 2:50:07after like and they gave me my license back they listed the
- 2:50:10hold off I had my valid license and everything and like four
- 2:50:14months into it I just made it I made my payment and like 2 days
- 2:50:17later the debt collector called me and they're like Oh well it's
- 2:50:20showing that your your payment didn't go through so you don't
- 2:50:23have to make another payment. I couldn't afford to make
- 2:50:26another payment and I tried to explain that and when I talked
- 2:50:29to, I had seek counsel at that time and they told me a little
- 2:50:33bit about how shady debt collectors could be and stuff.
- 2:50:36So when I did that validation letter.
- 2:50:38I. Sent to the debt collector and
- 2:50:40they sent me back. That's when I was aware that it
- 2:50:44was a default judgment that was actually entered against me as
- 2:50:48a. Result of you having a debt
- 2:50:49collection agency. No, it was.
- 2:50:51A prior to that. From the car accident from 2019.
- 2:50:55And the whole that. When the whole litigation was
- 2:50:58happening, when that, when they tried to sue me essentially as
- 2:51:02the insurance company that tried.
- 2:51:03To sue me. And I wasn't, I, they never, I
- 2:51:08was never made aware of that. So when I came home, Secretary
- 2:51:10of State said you had a science claim and she mentioned
- 2:51:13something that looked like it was a car accident.
- 2:51:15Like OK, I'm I'm aware of what it is, but I have never been
- 2:51:20certain. So what motion did you file,
- 2:51:22Sir, in 36 District Court? I filed a motion to set it aside
- 2:51:26or and or vacated and I can't think right off the top of my
- 2:51:31head the exact Michigan court rules right I was using for it,
- 2:51:35but I was using it for essentially because I was never
- 2:51:38made personally aware. When did you file that motion?
- 2:51:41There was November. 4th I. Believe of 2525 and so Sir, why
- 2:51:48were you driving on January 8th of 2025?
- 2:51:53Honestly, I don't really. I'm not going to make an excuse.
- 2:51:56I made a poor decision. Great.
- 2:51:59OK. How many more poor decisions
- 2:52:00have you made? You continue to drive?
- 2:52:02No, that's why. That's why she hasn't missed
- 2:52:05work to bring more. OK, and so where do you work?
- 2:52:08I don't. I'm unemployed right now and
- 2:52:10that's one of the biggest obstacles that I'm having with
- 2:52:13finding employment is not having driver faces.
- 2:52:17OK. And so you reside OK there, I
- 2:52:23believe in that area. So there's quite a few places
- 2:52:25that you could walk to. Oh yeah, I've I've been around.
- 2:52:28I filled out advocate. Like even burger.
- 2:52:30King for whatever reason, like they're like I feel a lot of
- 2:52:33application. They tell me I'm like perfect
- 2:52:35candidate talking like on spot interview and then it's just
- 2:52:38like nothing falls back. Maybe after they run your
- 2:52:42background check. There are, there is also a
- 2:52:44program Sir, for individuals that have felonies on the
- 2:52:49record. There's a program to assist with
- 2:52:52appointment that way. So you really need to look into
- 2:52:55that. I've been looking into a lot of
- 2:52:57different employment. I, I know this is kind of off
- 2:53:00subject, but I have been trying to prepare like it's, it's an
- 2:53:09idea. It's really it's a community
- 2:53:11based program that we're trying that I would like to try to
- 2:53:14start called Evolutionary Seeds for Life and Revolutionary.
- 2:53:18Seeds. Seeds.
- 2:53:19Evolutionary seeds for life and basically what it is we try to
- 2:53:23help engage and communicate within our community, our
- 2:53:27neighbors and stuff and try to bring back the practice of like
- 2:53:32personal gardening or hobby gardening, stuff like that where
- 2:53:35people start growing their own food.
- 2:53:37Because I mean, I'm sure we all can relate to the prices of food
- 2:53:40is getting crazy. But not only that, but just like
- 2:53:43bringing people back together, I mean, to where everybody can
- 2:53:48come together as a community. If you got certain foods
- 2:53:51growing, we got certain foods wrong, maybe we could swap it
- 2:53:54out or whatever. But honestly, like I'm really
- 2:53:58passionate about gardening. Like I have ADHD real bad.
- 2:54:02And I also had like PTSD. Like it's killing me being in
- 2:54:05this courtroom right now because of my criminal past and the
- 2:54:08years that I've already wasted of my life being in prison and
- 2:54:11stuff. And you know, so it's like I'm
- 2:54:14trying to find a way that I could kind of share my personal
- 2:54:21like what what I get out of gardening because when I garden
- 2:54:24and stuff like it brings me a sense of peace like I can bring.
- 2:54:30I know. That if I can.
- 2:54:31Share that with other people, man.
- 2:54:32I feel like there's other people that are similar to me and
- 2:54:35similar certain circumstances that could benefit from this and
- 2:54:39it's just like I not having a license man is like your
- 2:54:44lifeline and. In this area you are correct
- 2:54:48however, however. Excuse the fact that I'm.
- 2:54:52Breaking the law? Well, no, that was not what I
- 2:54:54was going to say. I was going to say a few things
- 2:54:56based upon what you said. And so, Sir, yes, you may have
- 2:55:01made some poor choices that landed you in prison, but you
- 2:55:07can also look at that as a huge learning experience and take
- 2:55:14what you've learned from your time that you say was wasted in
- 2:55:20prison, OK, and do some positive, which seems to be what
- 2:55:24it is you want to do. What I was going to say also is
- 2:55:29that the weather is breaking. And so if, if you have a bicycle
- 2:55:34or sometimes police departments auction off bicycles, you can do
- 2:55:38that, right? Because then you can bike to
- 2:55:39wherever it is you have to work or what have you.
- 2:55:42But you should strongly look into the, I forget the name.
- 2:55:48I forget the name of the no, that too, but the name of the
- 2:55:53program that hires convicted felons for employment.
- 2:56:01There's a program and there are companies that do that.
- 2:56:04They give individuals another chance.
- 2:56:07So you really should look into that so that you can get that
- 2:56:11information. You can start earning some money
- 2:56:14and then can kind of maybe be able to promote your community
- 2:56:20garden idea. OK, so here's what I'm going to
- 2:56:26do. Sir, you posted a bond and that
- 2:56:33was in your name, correct? What?
- 2:56:35Yeah, yes, it's in your name. OK, so here's what the court's
- 2:56:38going to do. Order $200 fine, $100 cost,
- 2:56:49Crime victim assessment fee of $75, Justice system assessment
- 2:56:53fee of $50. Actually, let me amend.
- 2:56:58That's a $100 fine. So your total service $325 stop
- 2:57:05at the window, you'll get some of your bond back returned to
- 2:57:08you. It'll be mailed to you, Sir.
- 2:57:10You won't just get it right here today.
- 2:57:12Then. They send it, we send it out
- 2:57:14every. We send it out once a month.
- 2:57:16But I don't. We don't have a specific day
- 2:57:18that we do that, so I can't tell you if it just happened
- 2:57:21yesterday and it's going to be another month or it's going to
- 2:57:23happen at the end of this month. I don't know.
- 2:57:24Will that be in the form of a chat?
- 2:57:26Yes, yes. OK, so stop at the window.
- 2:57:30Make sure we have your correct contact information, Sir, as to
- 2:57:35where to send the. That's your mailing address and
- 2:57:39good luck to you. Don't drive, OK?
- 2:57:44OK, let's do a quick segment that we'll just call Life Advice
- 2:57:48with Dan. So it sounds like this guy wants
- 2:57:53to do a side quest, if I heard him correctly, where he wants
- 2:57:56some kind of community group or something, I forget what he
- 2:57:58names it, but he wants to help people I don't know realize
- 2:58:02their full potential. And you know, hug psychic stones
- 2:58:08or whatever. But also garden pro tip, if
- 2:58:14you're going to have a side quest like that, if you,
- 2:58:17especially one that's supposed to help others fix your life
- 2:58:21first because you're not qualified.
- 2:58:26Just just that simple. You need to get your stuff
- 2:58:28together before you start worrying about what anybody else
- 2:58:32might do or how to help them or whatever.
- 2:58:37Just a pro tip, just a thought. Fix you first.
- 2:58:41It's it's, it's the, it's the airplane thing.
- 2:58:44Secure your oxygen mask before you help the person next to you.
- 2:58:48Same damn idea. All righty.
- 2:58:51Speaking of sitting in judgement of people, let's go to
- 2:58:53Louisiana. Jane Hunt, this is the Louisiana
- 2:58:59Committee on Parole and panel today at headquarters.
- 2:59:01On my left is Carolyn Station, to my right, Danny Byron, My
- 2:59:04name is Jerry Lejue. Would the offender please
- 2:59:08introduce yourself with your name and your GOC number?
- 2:59:15Y'all were muted still. OK, try again.
- 2:59:33My name is Julius Will Junior, my DLC number is 598684.
- 2:59:39Mr. Wilch, I'm going to be reading some identifying
- 2:59:42information into the record and then we'll be asking you some
- 2:59:46questions. I find that you're a first class
- 2:59:49offender currently serving an 18 year sentence for home invasion.
- 2:59:53You have a parole eligibility date 6/6/2017.
- 2:59:58We have a good time today 6/13/2028 a full term date
- 3:00:04682029. Is that information correct
- 3:00:08according to your understanding? Yes, ma'am.
- 3:00:13Mr. Will, I'd like to give you the first opportunity to speak
- 3:00:16to the panel, explain to why you're currently incarcerated
- 3:00:21and why you think this would be a good time for us to consider
- 3:00:26release. I'd like to say that I failed as
- 3:00:30a person, a man and a father on the the night of June 8th 2011.
- 3:00:37I'm fully responsible for committing a home invasion
- 3:00:40charge on my ex-girlfriend Jamie and her two children.
- 3:00:45I violated a privacy of a place that should be a safe place for
- 3:00:50a family and it was a cowardly act that I've done, man.
- 3:00:55I'm, I can't express how remorseful and sorry that I am
- 3:00:59with the wrong choice that I made that night for what I've
- 3:01:02done to the family and everybody that I affected making this
- 3:01:08choice that night. I've changed.
- 3:01:12I'm no longer that man. I've accepted Jesus as my Lord
- 3:01:15and savior is. He's just changed the way I
- 3:01:19think. He's renewed everything about
- 3:01:21me, my heart, my focus, the trauma that I've suffered
- 3:01:24throughout my childhood. I just, I believe I demonstrated
- 3:01:28throughout my incarceration by respecting the authority of the
- 3:01:32classification throughout security, male and female.
- 3:01:37I've haven't got no write ups to the system and I'm just a
- 3:01:42completely changed person. So have you served 14 or 15
- 3:01:50years? This June will be 15 years.
- 3:01:54OK. Classification.
- 3:01:58I'd like to ask how many days CRTP has he received?
- 3:02:10I see 905 on his master. That's what we have.
- 3:02:20OK, so and accumulating that many hours, I'm I'm just trying
- 3:02:28to go through here. Did you get your GED in 2016?
- 3:02:32Right? Pre release, substance abuse,
- 3:02:36thinking for a change, moral recognition, anger management,
- 3:02:40moral comments. OK, I'm just trying to figure
- 3:02:46out which which ones of those classes did you learn the most
- 3:02:51from? Truly it was trauma healing and
- 3:02:55post traumatic stress because it, it taught me about the
- 3:02:59trauma. I sucked to death as a young
- 3:03:00child. And when I went through the
- 3:03:04alcohol, substance abuse and alcohol class, I wanted to try
- 3:03:09to figure out what led me to make these choices on my crimes.
- 3:03:13And it just brought me back to my childhood and it it just it,
- 3:03:18it showed me my triggers and stuff, how I mimic my father
- 3:03:22throughout my life. OK, Misses Stapleton is going to
- 3:03:30ask you some questions in a minute.
- 3:03:31I'd like to recognize that you have Jessica Vonstaff, your
- 3:03:36fiance. Join us via Zoom, who would like
- 3:03:40to speak. Is that OK if I call him first?
- 3:03:42Absolutely. And if you would like to go
- 3:03:44ahead and speak first? Good morning.
- 3:03:51My name is Jessica and I am the fiance of Julius Wilt.
- 3:03:55Thank you for giving me the chance to speak today.
- 3:03:59I'm here because I've seen Julius's growth with my own eyes
- 3:04:04and I want to share what I know about the man he is today.
- 3:04:09Julius fully understands the seriousness of the actions that
- 3:04:13brought him here. He has taken responsibility, and
- 3:04:18he has spent his time reflecting and working hard to change.
- 3:04:22I'm not here to excuse his past. I'm here because I've watched
- 3:04:26him commit himself to becoming a better man.
- 3:04:30His faith has been a major part of that change.
- 3:04:34Julius has become a deeply spiritual man, and following
- 3:04:38Jesus has given him purpose, humility, and direction.
- 3:04:44We thank God for his growth, his commitment, and the strength he
- 3:04:48has gained through this journey. While incarcerated, Julius has
- 3:04:52made the most of every opportunity being there.
- 3:04:55He earned his GED, completed courses to better himself, and
- 3:05:00even stepped into mentorship roles to help others.
- 3:05:03That says a lot about his character.
- 3:05:06He wants to lift people up, not bring them down.
- 3:05:10Julius also has a family who supports him wholeheartedly.
- 3:05:15We believe in him because we see the work he has done.
- 3:05:20If he is granted parole, he will come home to a stable, loving
- 3:05:24environment. He already has a job lined up
- 3:05:28and we have talked about routines and boundaries to help
- 3:05:32him stay focused and grounded. He will not be doing this alone.
- 3:05:37What gives me confidence in Julius is not his words, but the
- 3:05:43consistency of his actions. He is patient, thoughtful, and
- 3:05:49committed to living a responsible, rehabilitated life.
- 3:05:54I truly believe he is ready to continue this progress outside.
- 3:05:59Thank you for listening to my perspective.
- 3:06:02I know your decision is important and I appreciate the
- 3:06:06care you put into it. I believe Julius has earned the
- 3:06:09chance to show that he is not the man he once was, and I am
- 3:06:14ready to support him in every step of the way.
- 3:06:18Thank you, Jessica. Now we have Victoria Wilt
- 3:06:22Navarro, your daughter, who would like to speak.
- 3:06:29Hi, thank you so much for letting me speak today.
- 3:06:31My name is Victoria. I'm the daughter of Julius.
- 3:06:34Over the last 15 years, I've definitely seen a huge growth in
- 3:06:38my dad. He is definitely a rehabilitated
- 3:06:41man and a changed man, and I'm really excited to be able to
- 3:06:45have this new opportunity with him when he gets released,
- 3:06:48whether that be now or in the next few years.
- 3:06:51I know his faith has definitely been a huge part of his
- 3:06:54transformation and his change as a man.
- 3:06:58He has shown severe remorse for his decisions that he made in
- 3:07:02his younger years, and I know that he deeply regrets the
- 3:07:06decisions that he did make at those times.
- 3:07:09I'm excited for him to be able to get out into the world again,
- 3:07:13live a normal life, have a job, get married, and be a part of
- 3:07:17that life. So I think that this is an
- 3:07:20appropriate time for him to return to a functioning member
- 3:07:23of society. Thank you.
- 3:07:25And now I'd like to ask the warden.
- 3:07:30Warden, would you like to make a statement regarding this
- 3:07:33offender? Well, I know Mr. Wilk been here
- 3:07:38for 15 years. That's not right.
- 3:07:41In that time, he was a mentor in our transition programs for a
- 3:07:47while until he backed out to go. He's in a track school right
- 3:07:51now. Currently.
- 3:07:53And yeah, he has been no issue since he's been incarcerated.
- 3:08:00Thank you. Yeah, I know you have had zero
- 3:08:03write UPS during your time of incarceration.
- 3:08:08We also have Mr. Randall Meyer with the Jefferson Parish DA's
- 3:08:17office. Good morning.
- 3:08:18Randall Meyer, Assistant DA in Jefferson Parish.
- 3:08:20We're opposed to his request at this time is an extensive
- 3:08:24history of domestic abuse. The facts of this particular
- 3:08:28case are are pretty horrific and I won't get into those that
- 3:08:34y'all have those other record in the record.
- 3:08:36I know you saw those so but he's had he had two charges for home
- 3:08:41invasion 2 separate cases 1 he got there was what day apart 6/8
- 3:08:48of 11 and six nine of 11 according to the court records.
- 3:08:53And this is this case number is related to the 24th JDC case
- 3:09:04number 113730 and there's another 1113731 which which was
- 3:09:14June 9th of 2011 and he was guilty of aggravated assault in
- 3:09:20that case. I note that his DOC mental
- 3:09:24health evaluation is concerning with his diagnosis and the fact
- 3:09:30that indicates he missed at least five appointments during
- 3:09:33that time. It doesn't state whether he made
- 3:09:35those up or you know what, what the facts around missing those
- 3:09:38appointments are. And, and I'm concerned with his
- 3:09:43programming. He he did a number of programs
- 3:09:47back in 2015. He had anger management inside
- 3:09:51out there, 2017 and all. He had some and then he really
- 3:09:55had nothing after that until the 100 hours in 2021.
- 3:10:01He did take the victim accountability, accountability
- 3:10:04in 21, you know, one or two other programs which is the
- 3:10:11domestic, you know, the the long history of the domestic violence
- 3:10:17in I'm concerned with, you know, the only thing he's had relating
- 3:10:24to his anger issues was completed in 2015 and nothing
- 3:10:29more. So for those reasons, we're
- 3:10:31opposed. I've got a question, Randy.
- 3:10:37When I was looking back over this, I see what we go back to.
- 3:10:40We've got the 2011 case, but we also have the case that goes
- 3:10:45back to 22,000 and one I believe.
- 3:10:49Let's see and that's what we say the the long history of domestic
- 3:10:53violence to 2000 and on that it was since a charge of attempted
- 3:10:59birth degree murder. Do you know anything about that
- 3:11:032002 and and then prior to that we got stalking, intimidation,
- 3:11:10violation of protective orders. Are we talking about a different
- 3:11:14Well, obviously, because she's this other one the they were
- 3:11:18only in a relationship for three years.
- 3:11:19So prior to that, seems like we have this other very serious in
- 3:11:23case it goes all the way back to 2000 with a litany of problems
- 3:11:29ending in an attempted first degree murder charges and
- 3:11:33aggravated assault. Yes, ma'am.
- 3:11:36And that is some of the issues that I have.
- 3:11:40Let me see if I can find them. I'm not sure what happened with.
- 3:11:44I think you know, though, they must have been refused for some
- 3:11:49reason. The the, the only charges of
- 3:11:53record in the clerk's office, which I'm looking at as we
- 3:11:59speak, that he had some worse worthless check charges in 2000
- 3:12:09as those are worthless check charges.
- 3:12:14And I did not see anything related to, you know, I saw he
- 3:12:18was charged with that, but I didn't see anything.
- 3:12:23And I still don't see anything in our record that deals with
- 3:12:25that. Because I mean, it's it's got
- 3:12:27almost the same type of charges remain after being forbidden and
- 3:12:33very serious. Like you're saying this is a
- 3:12:36long history of domestic violence behavior and very
- 3:12:40serious domestic violence behavior.
- 3:12:42And I don't I don't understand why it didn't lead to anything.
- 3:12:46That's what I was wondering. Was he on probation?
- 3:12:48OK, Yeah, well, well, it showed he was billed at aggravated
- 3:12:52assault on that attempted murder charge, two counts, he pled
- 3:13:04guilty and he got four months in parish prison on that.
- 3:13:07Yeah, I saw that. Yeah.
- 3:13:09I don't know the facts surrounding that case though.
- 3:13:11Pretty lightweight, huh? Yeah.
- 3:13:14And then I saw where at it on ADV in the synopsis that he he
- 3:13:19lunged at the police officers with the knife.
- 3:13:21Was that this last one? Yes, ma'am, that was this last
- 3:13:24one. OK, let me ask you something
- 3:13:26else. I'm curious on our end, OK.
- 3:13:30Any victim like this victim. When crime victims reparations,
- 3:13:34I mean, crime victims law that they're not supposed to have any
- 3:13:37contact with their victim. So when he gets out, is there a
- 3:13:41way for this to be a permanent protective order for for these
- 3:13:46victims of this last incident? That's what we just.
- 3:13:52Told. You know, I, I don't, I guess
- 3:13:54you have to check with the board's council on on how far
- 3:13:58y'all can prevent any type of contact.
- 3:14:00I don't I don't know if that can go past his full term date, but
- 3:14:04there is a stay away order until May 24th of 203030.
- 3:14:09I saw that. Yeah, so at least until 20-30,
- 3:14:11if he gets near the victim, he can be revoked.
- 3:14:16Well obviously he could be revoked if y'all were to grant
- 3:14:20him parole for that, but he also could face additional charges by
- 3:14:25violating that stay away order. Yeah, because I mean, my thing
- 3:14:30to an offender is stay away from your victim, period.
- 3:14:35You know that that's, that's my thought as a person on this
- 3:14:39board, that you're to have no contact with your victim and
- 3:14:43this person is whoever is the victim.
- 3:14:47And so that's I just wanted to ask you about that because I was
- 3:14:50very curious about the 2000 case and the 2002 because all of
- 3:14:55these seem to be a history of domestic violence that are very
- 3:14:57serious cases. All right, that's all.
- 3:15:00Thank you, Randy very much. Yes, ma'am.
- 3:15:05So let me ask and see what we've got going on.
- 3:15:11Can you tell me, Sir, what was in your mind that day that you
- 3:15:15did this? Because you do have a history of
- 3:15:17domestic violence. It's been like a home, like I
- 3:15:21had stated previously about I, I didn't get my treatment when I
- 3:15:26was in, when I was out there throughout my childhood.
- 3:15:28Every time I, I, I started treatment at the beginning when
- 3:15:33I was like 13 years old. My parents were poor.
- 3:15:36I come from 2 molest, 2 parents that were molested that didn't,
- 3:15:40that didn't give me any type of guidance.
- 3:15:43I'm not taking away anything from the crimes that I
- 3:15:46committed. I'm fully responsible.
- 3:15:48I mean, I'm totally remorseful, but I haven't gotten the
- 3:15:52treatment until I got here at Hunt's, talking to the
- 3:15:55psychiatrist, social workers and everything.
- 3:15:57I've been diagnosed with bipolar disorder, depression, anxiety,
- 3:16:02borderline personality disorder, paranoia, but as of today I have
- 3:16:08none of those issues. I have been cleared from the
- 3:16:10psychiatrist. I have got off of every
- 3:16:13medication that I've been on because I've come to the terms
- 3:16:16to understand what led me to react these ways which triggered
- 3:16:20me. I watched my father be abusive
- 3:16:22to my mother throughout my entire life.
- 3:16:24He's tried taking his life. By.
- 3:16:26Odeons cutting itself and like I said, I've mimicked them and I
- 3:16:31never understood this like when I went to drinking and drugs.
- 3:16:35I've always like taking classes and like the DA spoke about,
- 3:16:39I've actually facilitated anger management classes about self
- 3:16:43evaluation and to how to pursue things is catching triggers
- 3:16:47before you even act out on certain things.
- 3:16:50But I'm I'm just I'm remorseful no longer that person that was
- 3:16:57that committed these crimes and concerning the stay away order
- 3:17:01to the victim, she has wrote me and I never responded back to
- 3:17:05her. I did not assure that I was not
- 3:17:08going to violate any type of law.
- 3:17:13Because you're right about that the order is against you.
- 3:17:17And so if a victim does something like that, which they
- 3:17:20shouldn't, but you are the one that the order is against, so
- 3:17:25you. Did the right.
- 3:17:26There. I'm very glad to hear you did
- 3:17:28that. I wanted to ask some more
- 3:17:32questions. So you said that you're on, No,
- 3:17:34you're on medication for borderline personality disorder
- 3:17:39and bipolar that you can speak. No, I was, I mean, ever since I
- 3:17:48left me when I was in Jefferson Parish, went to Saint Charles
- 3:17:51Parish, I was on several different types of medication.
- 3:17:55I mean, all I was doing with my issues that I suffered
- 3:17:58throughout my life from drugs and alcohol, my trauma was just
- 3:18:02being pushed down and even being on medication and at the
- 3:18:06institution, I never discovered what my issues were because they
- 3:18:10just, they just was just, they were just like I'm I couldn't
- 3:18:15starve what was inside me. I mean, because I was just
- 3:18:21depressing everything. I mean, to come to really
- 3:18:24realize what I've done to people.
- 3:18:27I mean, even with with the issue with the police officers that
- 3:18:30that should have never happened. I mean, I am very remorseful.
- 3:18:33I put myself in situations and made the stupidest of choices.
- 3:18:38But I promise you I am not the man that y'all see on the police
- 3:18:41reports. I mean, I respect what the DA
- 3:18:43said about me and how people can view me for the actions that
- 3:18:46I've done throughout my life. But I promise you I will be a
- 3:18:50productive person out there. And I mean, I'm, I'm willing to
- 3:18:54even be a part of some type of group to speak to men and women
- 3:18:59about issues that they suffer and that you can overcome these
- 3:19:02things. I mean, Christ has changed my
- 3:19:04life dramatically. I am no longer that man that
- 3:19:07y'all y'all see. OK.
- 3:19:11I wanted to ask about that also. Thank you, Sir.
- 3:19:18Mr. I. Have no questions.
- 3:19:25Mr. Wheel since. The DA assistant DA brought up
- 3:19:28what have you been doing since 2022?
- 3:19:31What? What's occupying your time while
- 3:19:33you're there in the last couple years?
- 3:19:36Well, I had several surgeries here at Hunts 2, so that kind of
- 3:19:40kept me like bedridden for a little while.
- 3:19:43And I mean, we mean, I live in a vegetable arm.
- 3:19:45We, we take classes every day for on Monday and Tuesday.
- 3:19:49I'm a part of a squad where several men get around the table
- 3:19:52when we talk about things that happen in our life, like from
- 3:19:55responsible thinking and addiction recovery, relapse,
- 3:19:59personal growth, man. I'm a part of a program that I
- 3:20:03mean, it's a it's from taking mentees to become mentors using
- 3:20:07the core values of the military. OK.
- 3:20:11All right. I have no further questions.
- 3:20:18Second, you're prepared. Yes, I am.
- 3:20:21Sir, I I want to compliment you. I, I saw all the classes that
- 3:20:25you're taking. So, so you've done a very good
- 3:20:29job with trying to better yourself and learn.
- 3:20:35I'm, I'm very happy about that. But you do have a, a significant
- 3:20:40criminal history concerning domestic violence and it goes
- 3:20:43back a good ways. Let me ask you, in all your
- 3:20:47classes and maybe I'm missing, did you take a Devop class of
- 3:20:50domestic violence offender program class which is different
- 3:20:54from an anger management class? Anything like that?
- 3:21:03Now I'm in victim impact class right now, coming to terms with
- 3:21:06your crime that you committed and impact that you caused on
- 3:21:09family. OK.
- 3:21:13All right. Well, I was just wondering if
- 3:21:15you had that today is your pardon.
- 3:21:18Go ahead. Enrolled into a domestic victim
- 3:21:21impact class out there in angle and substance abuse and
- 3:21:26behavior. Mikonda for when I'm released.
- 3:21:29I've already enrolled in it. OK, Well, that's good to know.
- 3:21:32That's very good to know. OK.
- 3:21:35Today, Sir, based upon your criminal history, I'm not going
- 3:21:42to be able to grant your parole today, but I want you to keep up
- 3:21:47the good work that you've already started.
- 3:21:50It's excellent. Mr. Barrow, I'm.
- 3:21:55Going to concur with Miss Stapleton for the same reasons
- 3:21:58and the strong law enforcement opposition.
- 3:22:01But keep up the group and my vote would be to grant parole.
- 3:22:07I I don't feel like at this time with the mindset and the classes
- 3:22:12you've taken that you present a significant threat to public
- 3:22:16safety. You've served almost 85% of your
- 3:22:19sentence. Your rehabilitation has been
- 3:22:23excellent. Your conduct 0 write ups, if
- 3:22:26somebody has an anger management problem, I think we would see it
- 3:22:31on the inside. Warden, I don't know if that's
- 3:22:34true or not, but typically that shows itself and you do have
- 3:22:39good re entry brands. So my vote would be to grant,
- 3:22:42but on a vote of two to one, your request for parole has been
- 3:22:46denied. And that concludes our hearing
- 3:22:49with Mr. Wilt And the time is now 951 and we are wrapping up
- 3:22:55at Elaine Hunt. Thank you, staff.
- 3:23:01Denied. So Michael does the emoji math
- 3:23:08for us. 2 denied emojis plus one check mark equals a denied
- 3:23:12emoji. Thank you for doing the math for
- 3:23:14everybody. Couple of things that stood out
- 3:23:18for me. First, there was the mention in
- 3:23:21the chat of the phrase that we have coined here, the Jesus
- 3:23:25Blanket. I don't think he used the Jesus
- 3:23:28blanket here. He mentioned his faith and his
- 3:23:33wife or daughter. Somebody mentioned it as well,
- 3:23:35but I didn't get the impression he hid behind it.
- 3:23:39You know, the Jesus blanket in my definition of it is used as a
- 3:23:43cloak. Like, you know, I committed
- 3:23:44these crimes, but Jesus has saved me and everything's all
- 3:23:47good now and great. I, I don't think he did that.
- 3:23:50That's not what I heard. So I don't know if this is a
- 3:23:53Jesus blanket case, but one thing that caught me and this
- 3:23:56catches me all the time and I'm just so sick of it.
- 3:23:59Do me a favor right now, put a one in the chat if you went
- 3:24:04through your entire childhood and you were not messed with by
- 3:24:08anybody in any way. Just perfectly clean, no issues.
- 3:24:13Nobody ever did anything to you. It was buttercream and roses.
- 3:24:18It was little bunnies jumping in the woods, as Fleischer likes to
- 3:24:20say. Put a one in the chat if that's
- 3:24:23really what it was. I'm frozen again.
- 3:24:27Doggone it, I tried to fix that the other day.
- 3:24:29All right, hold on while I wait for you to put your ones in the
- 3:24:32chat. Tim, I don't believe you.
- 3:24:38I could be wrong. So not many ones in the chat.
- 3:24:43This is my point. Everybody hides behind the whole
- 3:24:46childhood trauma thing. The childhood trauma, you know
- 3:24:49somebody well, you know, my mommy and daddy didn't hug me
- 3:24:52enough when I was a child or, you know, sometimes we struggled
- 3:24:55for food or I was one of 22 children and I just didn't get
- 3:24:59enough love. What?
- 3:25:00I'm so tired of it. Just stop.
- 3:25:02And this guy tried to tried to do that and I'm sick of it.
- 3:25:12It's just not real. I mean, all of us are still
- 3:25:14going on about our days and we're not committing crimes
- 3:25:17because of something that happened to us when we were four
- 3:25:19or five years old. We're just not.
- 3:25:22I'm just saying any who? Enough of my lecture.
- 3:25:25Let's let's go back to Judge Boyd because that defendant, she
- 3:25:30was going to think about his back.
- 3:25:32Robert Featherston, representing Mr. Dixon.
- 3:25:34And you're Mr. Dixon, correct? Yes, ma'am.
- 3:25:39OK, I see. All right, Mr. Dixon, I've had a
- 3:25:52chance to hear argument from, I'm sorry, hear testimony from
- 3:25:56all parties and what I can tell you all my issues and what I'm
- 3:26:02going to do, and I'm going to give you 2 choices.
- 3:26:05There are no other choices. Don't ask me for any other
- 3:26:07choice because these are your only two choices #1 someone who
- 3:26:15has Child Protective Services history, the abuse that he's had
- 3:26:20from his family. That's why he was in CPS care.
- 3:26:24And I understand that CPS workers are overworked,
- 3:26:27underpaid, and they don't have time to go out and visit
- 3:26:31everybody. But their jobs are so important
- 3:26:33because a child could die if they don't do certain things
- 3:26:36right. And then I understand that when
- 3:26:40he is 15 years old, he's certified as an adult.
- 3:26:48And that's a person who's certified as adult, sent to
- 3:26:51prison and sent to prison for 15 years and all that entails.
- 3:26:55And I keep telling people, prison, it would be so great if
- 3:27:00you go to prison and everybody left you alone.
- 3:27:03Everybody's there to be rehabilitated.
- 3:27:05But sometimes that doesn't happen.
- 3:27:06Sometimes inmates get killed by other inmates in prison.
- 3:27:10Sometime inmates get raped by other inmates in prison.
- 3:27:13And sometimes when all of this happens, nobody wants to talk
- 3:27:15because they'll be labeled A stitch and they're still in the
- 3:27:19same environment that they're in.
- 3:27:21So I'm taking all of that into consideration.
- 3:27:24So these are your choices. Don't ask me for any other
- 3:27:28choice, because there's no other choice for you.
- 3:27:31What? I'll give you, I'll grant your
- 3:27:34application for deferred adjudication and let me just
- 3:27:36tell you why I would grant that with a deferred adjudication,
- 3:27:39which I've already told you and I've told your attorney before.
- 3:27:42If you were unsuccessful, you're looking at 99 years or life
- 3:27:46reference or I will deny your application and I will sentence
- 3:27:51you to six years in the prison. And what I can tell you is I
- 3:27:55will be following the recommendations that are in the
- 3:27:59evaluation, which is saying that he is to go to Safe P and when
- 3:28:04he is released from safety, he's going to be on full GPS unless
- 3:28:09he shows the court that he has employment and that GPS will be
- 3:28:12there to protect the community. And we will see about his
- 3:28:18receiving mental health treatment evaluations to see if
- 3:28:22DDRF is appropriate for him or not.
- 3:28:25But either way, he's either going to be doing the time at
- 3:28:28the prison, which you can do that.
- 3:28:31Or. You'll be on deferred
- 3:28:33adjudication. Do you need to speak to your
- 3:28:35attorney about that? Detective probation.
- 3:28:42All right. Thank you.
- 3:28:43State, OK. And state is there any
- 3:28:48restitution that is owed? Just not to my knowledge, but I
- 3:28:52would have to talk to the thing but.
- 3:28:54All right, So what we'll do is we'll also set it for a
- 3:28:56restitution hearing in 30 days. Can I have a 30 day hearing for
- 3:28:59restitution? All right, March 16th, that'll
- 3:29:15be the restitution hearing. So the court is going to send
- 3:29:18you to 10 years deferred adjudication.
- 3:29:21There's to be regular reporting by Zoom or in person.
- 3:29:28Regular random UAS follow the tappy rec tap recommendation of
- 3:29:38safety. So he has to remain in custody
- 3:29:46until transferred to safety and probation.
- 3:29:56See maybe if felony drug court will accept him because I see
- 3:30:00the cocaine use and meth use started at 11.
- 3:30:07So we will do that in a referral to felony drug court in custody
- 3:30:13and if we can do the MHI for him as well.
- 3:30:22There's to be proof of employment within 60 days of
- 3:30:25release. No employment as a home health
- 3:30:32care provider or with minors. No residing in households with
- 3:30:42minors. Taking consideration 2025 CR
- 3:30:570016012025, CC 014159, there's a $2000 fine that would be
- 3:31:09probated. It's going to be 300 hours of
- 3:31:15community service restitution. I'm going to require daily sober
- 3:31:20support meetings. I think he's going to need a lot
- 3:31:23of structure. He is judge.
- 3:31:25And there will be an hour deducted for every sober support
- 3:31:30meeting completed from his community service restitution
- 3:31:34hours. And there's going to be field
- 3:31:35visits one time per month until further notice of probation.
- 3:31:40And then upon release, there's going to be a full GPS waive
- 3:31:50fees and that will be until further notice and probation.
- 3:31:58With regards to the GPS, of course, if he has employment or
- 3:32:01he has to report, he's allowed to do that probation.
- 3:32:05Is there anything else? Sorry.
- 3:32:09The vessel, the vessel health can't close instead upon
- 3:32:13receipt. All right.
- 3:32:14Oh, I'm sorry. Let me put on my glasses so I
- 3:32:16can hear. Yes, the the vessel has been
- 3:32:20closed upon. Yes.
- 3:32:22OK. Nothing else said.
- 3:32:23Thank you. And judge who would also ask for
- 3:32:25a no contact or to be in place with the.
- 3:32:28All right, there's to be no contact with the complainant.
- 3:32:32And also with the arrest of. It yes, let me find that and
- 3:32:37with let me see the location in here.
- 3:32:58That's 7150 San Pedro Ave. 78216.
- 3:33:13And Mr. Dixon, how far did you go in school?
- 3:33:19All right, so you're going to need to obtain your GED or some
- 3:33:25type of trade certification, something to help him with his
- 3:33:31employment abilities. May I address the courtyard?
- 3:33:34Yes, Judge. His reading level is at 3rd
- 3:33:37grade. He does need to work on his GED.
- 3:33:41If that program is available while he's in custody.
- 3:33:45I I recommend that the court consider adding that as
- 3:33:51condition Judge he we broke this man which is side of you.
- 3:34:07If the court would consider a very high form of supervision
- 3:34:15for him, yes. Also, the court might consider
- 3:34:20maybe monthly or five monthly status checks with the court to
- 3:34:25find out where he's going all. Right.
- 3:34:27And will you remain on the case? I will.
- 3:34:29We are all right. Miss Abrams, upon his release
- 3:34:36from safety or felony, if he's in felony drug court, they're
- 3:34:41going to keep very good track of him.
- 3:34:43If he's not in felony drug court, then what I'll do and
- 3:34:46I've done this before where I've done have them come in every
- 3:34:52three weeks and and we lessen it the better that they do.
- 3:34:56But no, I would appreciate it if you would stay on it because I
- 3:34:59do not have the capacity to keep track of every case, but we can
- 3:35:05if we're able to set it for a status updates, then I will do
- 3:35:10it. We've done it before.
- 3:35:12Appreciate that, Your Honor. If he does get transferred to
- 3:35:15drug court, maybe that's that won't be necessary.
- 3:35:19However, I'm certainly willing to go to drug court for status
- 3:35:22conferences also. Oh, yes, if you would do that
- 3:35:24and if you would get in touch with a felony drug drug court to
- 3:35:28let them know what his issues are and they have a dual
- 3:35:31diagnosis and they'll address all those issues.
- 3:35:34Thank you. All right.
- 3:35:35And so then we are coming back on what day was that for the,
- 3:35:39was it March? All right, So we're coming back
- 3:35:43on March 16th to see if there's any the restitution.
- 3:35:49All right. Is there anything else?
- 3:35:51Is like the court for each time all right?
- 3:35:53Did you review the documented? I'm sorry, is there anything
- 3:35:55else that you need from the court?
- 3:35:57All right, so this is what I can tell you about obtaining the
- 3:35:59GEDI teach at UTSA, right? And I try to give them tests
- 3:36:07that are part of their skill set.
- 3:36:08So some of it, sometimes it's multiple choice, sometimes it's
- 3:36:11essay, sometimes it's true, false.
- 3:36:14I understand that sometimes people are not good test takers.
- 3:36:17So whether or not they successfully complete the GED,
- 3:36:20it really doesn't tell what they know.
- 3:36:22So if there is an issue with your completing the GED, your
- 3:36:26attorney will let us know. That's why I said GED or some
- 3:36:28type of trade school certification because you need
- 3:36:31to work on your employment ability or ability to obtain
- 3:36:38employment. OK.
- 3:36:40All right. Did you review the document
- 3:36:41titled Trial Court Certification of Defendants Rights to Appeal
- 3:36:44with your attorney? Did you understand it and sign
- 3:36:46it? Yes, ma'am, They're not.
- 3:36:47They're not. Appeal this the decision.
- 3:36:50No, because this is a plea bargain agreement, because I
- 3:36:52followed your plea bargain agreement, and because you
- 3:36:54waived your right to appeal, you do not have the court's
- 3:36:57permission to appeal. You understand, all right, we
- 3:37:00can go off the record. Here's the thing, in this court,
- 3:37:02to be successful in probation, communication is key.
- 3:37:05If there's an issue, you need to let your probation officer know
- 3:37:08about it. Mr. Featherson is going to
- 3:37:10continue to stay on your case. If you feel they're not
- 3:37:14addressing it, you or Mr. Featherston, and come back and
- 3:37:17address it with the court. Do you understand?
- 3:37:19All right, and here's the we're off the record.
- 3:37:21Here's the thing, Tattoos. No more face tattoos.
- 3:37:28And the reason why is because people are like books, right?
- 3:37:33And when I go into the bookstore and I'm looking at the books,
- 3:37:36the first thing that attracts me is the cover because you're
- 3:37:38like, that's an interesting cover.
- 3:37:40And then you'll open up and read it.
- 3:37:42Well, sometimes for employment, when they see face tattoos, they
- 3:37:46think this is a book I don't want to read.
- 3:37:47So they don't even really consider you for employment.
- 3:37:51So stop the face tattoos, all right.
- 3:37:55And then at some point in your life, I understand you have bad
- 3:37:59parents. Maybe child protective service
- 3:38:02didn't do the what they needed to do.
- 3:38:04Bad things happen in prison. But at some point, your
- 3:38:07decisions, they're going to start being 100% your decisions.
- 3:38:11You can't keep, you know, saying I'm doing this because this
- 3:38:15happened to me or that happened to me.
- 3:38:17And I'm giving you all the tools that I have available to help
- 3:38:21you become who you were always meant to be.
- 3:38:25All right. Good luck to you.
- 3:38:26OK, my uncle. Said and seen you at.
- 3:38:27Papados. Not too long ago.
- 3:38:30All right, Let me just tell you, Crab Fingers at Pappadeaux is
- 3:38:33great. I really wish they would bring
- 3:38:35back the lobster salad. They told me their owner went to
- 3:38:38Greece and came back with this different salad.
- 3:38:41I'm like, bring back the lobster salad.
- 3:38:43If I was like Norman Way and Ray, I would stand on the table
- 3:38:46with a sign that says bring back the salad.
- 3:38:49Yeah. All right.
- 3:38:51Thank you. Thank you.
- 3:38:53Is there anyone else who's running right there?
- 3:38:56Mr. David, hold on. There we go.
- 3:38:57I can confirm we have a Pappadeaux here in the greater
- 3:39:02Phoenix area. And yeah, lobster salad.
- 3:39:05Good. So listen, I understand why this
- 3:39:11guy took the the 10 year deferred because of what he went
- 3:39:16through in prison before. The problem is as we know the
- 3:39:19success rate of that. However, I was impressed by the
- 3:39:24fact that this lawyer wants to stay on the case.
- 3:39:27He was recommending a monthly or a bimonthly follow up.
- 3:39:30There might actually be a chance here.
- 3:39:33So fingers and toes crossed, as the guy said, you know, society
- 3:39:37broke him, we broke him, and Boyd wants him to be the man he
- 3:39:41was always supposed to be. So maybe we'll see.
- 3:39:45Yes, in Houston it's a gate E. But you know what They still
- 3:39:50won't bring back the onion rings.
- 3:39:53It went away during the pandemic and they don't have them
- 3:39:55anymore. They were good.
- 3:39:56They're alligator Papados is great.
- 3:39:58Yeah. All right.
- 3:40:01Hello. Court is calling 2024 CR 4101
- 3:40:06State versus Gina. Romano, can I have parties
- 3:40:09announced? James Tochi for Miss Romano,
- 3:40:13Judge. And are you Miss Romano?
- 3:40:15All right. Did you review the document tied
- 3:40:17up motion to enter adjudication of guilt and revoke community
- 3:40:20supervision with your attorney? Did you understand it?
- 3:40:22Yes. Are you the same Gina Romano
- 3:40:25who's placed on deferred adjudication in 2024 CR 4101 for
- 3:40:30the offensive possession of a controlled substance penalty
- 3:40:32Group One 4200 grams on January 9th, 2025 for a period of five
- 3:40:37years is that you Yes, all right.
- 3:40:39State violated condition #4 in Bear County, Texas.
- 3:40:43The defendant Gina and Romano did that a mayor failed to
- 3:40:47report this secret vision officer as directed in the
- 3:40:51months of February, they. Aren't. 2000. 25 in violation,
- 3:40:56How do you plead to that true or not true?
- 3:40:58True, Did you understand by pleading true to violation of
- 3:41:02condition #4 the court could find it true, grant the motion,
- 3:41:05find you guilty, and sentence you up to 20 years in prison and
- 3:41:08up to a $10,000 fine. Knowing that, do you still wish
- 3:41:13to plead true to violation of condition #4 Yes, Court will
- 3:41:17find violation of condition number four true.
- 3:41:19Is there a proposed agreement? If the proposed agreement is to
- 3:41:23United States motion and alter an event to add 90 days, yes.
- 3:41:35I mean, we're in agreement on the recommendation to the court.
- 3:41:40I explained to Miss Romano what that entailed.
- 3:41:44One request I would have is if the court can waive those fees
- 3:41:48if the court is willing to go along with it.
- 3:41:51She did get off to a very poor start, judge.
- 3:41:56She has a couple really good reasons why she turned one.
- 3:42:06At the same time, she had a sick mother who is so I understand
- 3:42:10that she is still in a coma. She's fell into a coma the day
- 3:42:14she was released from jail. Miss Romano, she works, she has
- 3:42:18a husband. She's far more stable now than
- 3:42:20she was a year ago. And so I hope the court will
- 3:42:24allow her to kind of begin again on her probation.
- 3:42:28You will have tabs on her. She does work, she does care for
- 3:42:31her child and she is prepared to follow the orders of the court.
- 3:42:37All right. Any objections to the court
- 3:42:38reviewing the court summary? No, ma'am, not at all.
- 3:42:48So how? Was she arrested somewhere or
- 3:42:52did she turn herself in? Don't know on the MTR.
- 3:42:58My husband and I. I turned myself in and I called
- 3:43:01the police to my house. All right, do you want to raise
- 3:43:03your right hand for me? Do you solely swear?
- 3:43:05Affirm. The testimony you get will be
- 3:43:07the truth and nothing but the truth so help you God?
- 3:43:09All right, you can lower your hand.
- 3:43:10State your name for the record. All right.
- 3:43:13So how did you become aware of that there was a warrant?
- 3:43:18I I had I had called the non-emergency to see if I had a
- 3:43:26warrant. OK.
- 3:43:27And then and what I knew that I didn't know my provision.
- 3:43:31And if they tell you you had a warrant and then what did you
- 3:43:34do? And then we made this decision
- 3:43:37for me to look at this handle and take the call.
- 3:43:39I'm sorry, I can't. Then we made the decision.
- 3:43:41For. Me to get this handled and taken
- 3:43:44care of. So it's not like over my head.
- 3:43:46And how did you make a plan to do that?
- 3:43:49What did you do? I decided to turn myself in to
- 3:43:54just call the Holland officer to my house to arrest me so I could
- 3:44:01come and have this hand out for a second chance.
- 3:44:05That's what I'm asking. And you've been missing for a
- 3:44:10year. And according to this, they said
- 3:44:12you were granted probation on January 9th, 2025, released from
- 3:44:17custody on January 13th, 2025 and nobody saw you after that.
- 3:44:22Explain. I had, I just started my
- 3:44:26business as my attorney said, I had just had my baby and
- 3:44:32November 11th of 2024 and then so he was very young.
- 3:44:37I was taking care of him and starting my business.
- 3:44:41So why don't you tell probation. I just let my, I just had my
- 3:44:48priorities and I and the year of taking care of him and the year
- 3:44:56of, of starting my business. My husband and I have, we have a
- 3:45:01house rather than an apartment. So when I came out of jail last
- 3:45:04year, we were in an apartment. Now we live in a house.
- 3:45:07We have a car, a tractor. Here's the thing.
- 3:45:12You're telling me all of this As for reasons why you should not
- 3:45:15be revoked and go to prison, but you're not explaining to me why
- 3:45:21it was so difficult for you to go to probation, report to pick
- 3:45:26up a phone and call probation and say, hey, probation, I have
- 3:45:30this that's going on in my life. Everything is hitting me all at
- 3:45:34once. And you know what probation
- 3:45:36would have said? Take a deep breath, come down
- 3:45:40and report. I understand that was my
- 3:45:43mistake. I mean, not mistake.
- 3:45:45Those were your choices. So I'm trying to figure out why
- 3:45:49I should not revoke you. You're telling me about all of
- 3:45:52these. Well, I have a home now.
- 3:45:55I have a child. I'm ready to do what's what.
- 3:45:58That's you throwing yourself on the mercy of the court.
- 3:46:02And I used to be a defense attorney, and I would always
- 3:46:04tell my clients, what you're giving me is just throwing
- 3:46:08myself on the mercy of the court on your behalf and saying,
- 3:46:11please, judge, don't sentence me.
- 3:46:13But I have nothing. Now, I will tell you one thing
- 3:46:16that's in your favor. And if your attorney is telling
- 3:46:20me it's true, I'll accept it as such.
- 3:46:21As the office of the court is the fact that you picked up the
- 3:46:24phone to see if you had a warrant and you called the
- 3:46:27police to come to your home to pick you up.
- 3:46:29That's one thing that's in your favor.
- 3:46:32I didn't ask her about that judge.
- 3:46:35I mean, I, I believe that information is probably easily
- 3:46:37verifiable if that's the way it went down.
- 3:46:40I I, I believe, Miss Romano all. Right.
- 3:46:42Does anybody want to verify that for the court?
- 3:46:45Miss Romano, do you recall the date at which?
- 3:46:47You called the. Police to completely it was I
- 3:46:53think it was on January 20th, 19th or 20th.
- 3:46:56I believe it was January 20th it.
- 3:46:58Was not that has. Your hope, I guess your address
- 3:47:02was virtually correct. And yes, All right, so they said
- 3:47:12you called the police to come pick you up.
- 3:47:14That's a good thing. That's that's a thing in your
- 3:47:16favor probation. I'm sorry, state what are you
- 3:47:21requesting? All right, so this is what I'm
- 3:47:36going to tell you. One, I don't think GPS is
- 3:47:41appropriate, but you do need to have some form of punishment
- 3:47:45because you've been missing for a year and that form of
- 3:47:48punishment is going to be that this will no longer be a
- 3:47:51deferred adjudication. This will be a guilty verdict.
- 3:47:53So I'm going to give you a choice.
- 3:47:55You only have two choices. Don't ask for third One.
- 3:47:59I am going to find you guilty, place you on probation or two.
- 3:48:05I'll send it to you today and I'll send it to you to two
- 3:48:07years. I think she wants the probation,
- 3:48:15Jeff. All right, this is what the
- 3:48:17court is going to do. The court will find you guilty.
- 3:48:20The court will place you on community supervision.
- 3:48:25Court will sentence you to five years in the prison, suspended
- 3:48:28and probated for five years. There's to be regular reporting
- 3:48:32by Zoom or in person, regular random UA's, proof of employment
- 3:48:38within 30 days of release. No employment as a home health
- 3:48:42care provider or with minors. Are there any drug issues with
- 3:48:47you? All right, there's going to be
- 3:48:49field visits one time per month for eight months.
- 3:48:53This would be 200 hours. Community service restitution.
- 3:49:01100 of those hours will be deducted upon completion of
- 3:49:04parenting classes, which I'm ordering probation.
- 3:49:10Is there anything else? And on a previous probation,
- 3:49:25there was no, you know what, we can go ahead and do a TAP
- 3:49:29evaluation out of custody. Judge.
- 3:49:35I would like this after court weekly or.
- 3:49:40Month. All right, weekly reporting over
- 3:49:4560 days, is there anything else? Probation, is there anything
- 3:49:50else you need from the court in order to be successful?
- 3:49:55All right, Did you review the document entitled trial Court
- 3:49:58certification of defendants rights to appeal with your
- 3:50:00attorney? Did you understand it and sign
- 3:50:02it? You have a limited right to
- 3:50:04appeal. That right to appeal is as it
- 3:50:06relates to the allegations in the motion, not the fact that
- 3:50:09you on deferred adjudication. Because this is a felony
- 3:50:12conviction, you're not allowed to own or possess any weapons or
- 3:50:15ammunition. If you have a question over what
- 3:50:18that is, you'll need to speak to an attorney.
- 3:50:19Do you understand? All right, we can go off the
- 3:50:23record. Here's the thing, in this court,
- 3:50:25if you have an issue, you need to let probation know.
- 3:50:26All it is phone call. If you feel they're not
- 3:50:29addressing it, you can always come back to the court and
- 3:50:31address it with me. All right, good luck to you.
- 3:50:34They'll probably release you maybe off the record.
- 3:50:36They'll probably release you, maybe, I don't know, midnight.
- 3:50:40I have no control over the release from the midnight
- 3:50:44there's. No.
- 3:50:46Chance for today, No chance for today.
- 3:50:49No chance for what? I work down there.
- 3:50:51Yeah. Hopefully tomorrow.
- 3:50:53Yes. So that's usually what happens.
- 3:50:57All right. When you are released, your
- 3:50:59first thing you better do is report to probation.
- 3:51:01All right, thank you. Good luck to you.
- 3:51:03Have a seat, ma'am. Okie Dokie friends, it's a few
- 3:51:06minutes early, but we're going to call it a day here because I
- 3:51:10can't afford to go long today because shortly after the noon
- 3:51:15hour, my time misses. TCF has her first day of
- 3:51:19physical therapy, so we want to make sure we make it to that on
- 3:51:23time. But we will be back here
- 3:51:24tonight, 8:00 PM Eastern, 5 Pacific four sidebar where we're
- 3:51:28going to do a deeper dive into the Tiffany Woods case that we
- 3:51:32saw on TCFA couple of days ago. The parole board and that whole
- 3:51:39thing. So we'll dig into that and see
- 3:51:42how that goes tonight. And we'll be back here tomorrow
- 3:51:44morning for our Friday show. 9:00 AM Eastern 6 Pacific, 1/2
- 3:51:48an hour earlier for channel members.
- 3:51:50I hope you all had fun today. I know I did.
- 3:51:52I look forward to seeing you all hopefully tonight and definitely
- 3:51:55tomorrow. Take care, God bless.