Latest / The Courtroom Files / March 6 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #245

Transcript

March 6 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #245 · The Courtroom Files

• 0:01
  Good morning, everybody. Happy Friday.
• 0:02
  Welcome to TCF Live. Happy to have you here.
• 0:05
  We'll start our day in Michigan. Judge Middleton.
• 0:09
  So we are on the record. Let me take a moment and swear
• 0:13
  you in. Please raise your right hand.
• 0:18
  Do you swear from the best of your ability?
• 0:20
  You will interpret these matters from Spanish into English and
• 0:24
  English into Spanish. You're on mute.
• 0:33
  My apologies, I do. And would you state your name
• 0:37
  please? Vivian Montero, court
• 0:39
  interpreter, 18369. Laura, that computer is making
• 0:48
  weird little gurgling noises again.
• 0:52
  All right, let's begin with Diego Gomez Lopez.
• 0:57
  Vamos and Pizarco Diego Gomez Lopez.
• 1:12
  As you said, Diego Gomez Lopez, the lady on the screen, her name
• 1:21
  is Vivian Montero. And she is going to interpret
• 1:29
  for us because I don't have any
• 1:42
  Spanish. Tango en El espanol.
• 1:47
  And I want to make sure that you understand everything.
• 1:57
  You got arrested for operating while intoxicated.
• 2:02
  On. Christmas Day they also charged
• 2:14
  you with speeding. Tambien cargo de excess de
• 2:19
  velocidad. And not having a valid driver's
• 2:24
  license. E conducive centenaron alicencia
• 2:28
  vigente. You're here with your lawyer,
• 2:36
  Rhonda Ives. San cuentra quiconso bogada
• 2:40
  Alicenciada Rhonda Ives. And the file number is 252646
• 2:48
  St. El numero de casas venti cinco
• 2:51
  venti SE cuenta ESA de. The prosecutor has agreed to
• 2:58
  dismiss the speeding charge and the No.
• 3:02
  License. Charge.
• 3:04
  El gente de ministerio publico estadis puesto de estimar El
• 3:08
  cargo por excess de velocidad E El cargo de no licencia.
• 3:16
  And the drunk driving charge. E El cargo de composito estado
• 3:21
  de every of that. If you enter a plea to operating
• 3:26
  a motor vehicle while impaired. Contestada Col. pable El cargo
• 3:34
  de conducido vicolo con Las picultades des menuidas.
• 3:39
  Impaired driving in Michigan is a misdemeanor.
• 3:45
  Conducido Las picultados de menor.
• 3:50
  It is punishable by up to 93 days in jail.
• 3:55
  Coneva maxima Penelida Possibliesta noventa tres Dias
• 3:59
  de carcel. And a fine of up to $300.
• 4:04
  Yuna muta esta tresientos dolares.
• 4:12
  It carries 4 points on your driving record.
• 4:15
  Coneva cuatro pontos and suestorial de conducir.
• 4:20
  And it would require that your driving privileges be
• 4:24
  restricted, but you don't have a valid license anyway, so that
• 4:38
  may not matter so much. Are you going to enter a plea of
• 4:47
  guilty to the lesser charge of operating a motor vehicle while
• 4:51
  I'm? Feared
• 5:08
  you have to speak up so that can.
• 5:10
  Yeah. So yes, did anybody threaten you
• 5:14
  to try to get you to plead guilty to that charge?
• 5:17
  Argelia me naso para que contestaro culpable, I said
• 5:20
  cargo. Did let me ask this again, Did
• 5:30
  anybody threaten you to try to get you to plead guilty to that
• 5:34
  charge? No.
• 5:43
  Did anyone promise you anything that would happen if you pled
• 5:49
  guilty to this charge? I'll go.
• 5:59
  Other than these, other charges would be dismissed for a plea to
• 6:03
  impaired driving. El a cuerdos que Los otros
• 6:07
  cargos ceriendes estimados ciute de contesta RA cul pabre El
• 6:12
  cargo de conducir con Las facultades esmenuidas.
• 6:19
  Nobody promised you anything. Nadia la prometeo algo.
• 6:25
  Do you understand that by pleading to this charge you're
• 6:28
  going to give up these rights, including the right to have a
• 6:31
  trial that were given to you in Spanish?
• 6:35
  Uster en tiende al acetare la cuerdo para rez alber El caso
• 6:40
  uster esta renunciando SU de recho de Y bar El caso A quizio
• 6:44
  Y tolo de rechos que esta en esta oja que de fermo inclusive
• 6:52
  este. I lost my train of thought.
• 6:56
  Your Honor, giving up your rights for a trial, including.
• 7:02
  The right to have a lawyer and have a trial.
• 7:06
  El derecho de tener UN huizio. El derecho tener una vogado que
• 7:11
  este que la representa UN puizio until dustereso.
• 7:20
  Understand. Yes.
• 7:23
  All right, were you driving a car in Constantine on Christmas
• 7:28
  Eve, just before midnight? Where were you going?
• 8:02
  Gasoline. Gasoline OK to the gas station.
• 8:09
  Where had you been drinking? Donde estaba cuando sepusa
• 8:15
  tomar. Bueno is there bueno I I am
• 8:24
  Constantine este este companeros the.
• 8:59
  You. Have to speak in short.
• 9:08
  Sentences So there were some friends in Constantine.
• 9:15
  They since it was Christmas, they invited me over to eat and
• 9:19
  we drank some beer. When the beer ran out, we went
• 9:22
  to get some more. How many you think you had?
• 9:31
  Qantas cerveza creos de que via tomato.
• 9:36
  Maybe. 6, maybe 6. Beer.
• 9:41
  What kind of beer was it? Modelo Modelo.
• 9:52
  Your blood alcohol was .139. El nivel del colenia ETA Punto
• 9:59
  Uno trej nueve. On the preliminary breath test.
• 10:04
  In la preva corella al coli Metro.
• 10:08
  Will you accept that? I said Taria ESO.
• 10:16
  That's more like about 10 beers. ET mas parecido a dia cervezas.
• 10:23
  I will accept your plea. The next set the matter for
• 10:29
  sentence. So let's find a date that works
• 10:41
  for our interpreter and for your lawyer.
• 11:00
  Rhonda, I keep forgetting when you're going to be gone.
• 11:04
  It is the last week of March, your honor, through April 9th,
• 11:15
  pretty much. I I should be back on Friday the
• 11:17
  10th. Are you available on Monday,
• 11:20
  March 23rd? Monday, March 23rd boy.
• 11:30
  I have AI have a. 10 AM in Branch County of felony
• 11:34
  sentencing. Yeah, that won't work.
• 11:39
  Miss Montero or somebody is set to be here that day.
• 11:43
  How about Wednesday, March 25th? Yes, your Honor, I'm actually
• 11:54
  before you at 11 AM. Yes, we got Kaylee Ruth.
• 12:00
  So let's set this for Wednesday, March 25th at 10:30.
• 12:21
  Vivian, are you available that? Day.
• 12:25
  I'm available but that day, but not at that time.
• 12:28
  But I guess there's a backup interpreter in case I can't make
• 12:31
  it. OK, because I'm going to set
• 12:33
  both of these for the same day. Miss Ives is about to be gone
• 12:37
  for a while and I'd like to get this done before that, so we'll
• 12:44
  use that day. She's set to be here that day
• 12:46
  anyway. All right, we're scheduling this
• 12:53
  for sentencing for Wednesday, March 25th at 10:30.
• 13:06
  I'm sorry, Your Honor, could you repeat that date and time
• 13:10
  Wednesday? We're setting them for
• 13:11
  Wednesday, March 25th at 10:30. Senor, in terms of the Proxima.
• 13:28
  I'm going to send you out to the counter where the clerks will
• 13:33
  give you some information about coming in for sentencing that
• 13:37
  day. And as they spend 10 minutes
• 13:41
  explaining to him via interpreter where the counter
• 13:43
  is, Good morning everybody, happy Super Friday.
• 13:46
  Welcome to TCF LIVE. Ellie also says hi.
• 13:50
  We're both happy to have you here with us.
• 13:52
  Let's stay in Michigan. Let's head north though Wexford
• 13:54
  County and Judge Elmore getting his day started.
• 14:00
  For the 28th Circuit Court here in Wexford County.
• 14:06
  And we're beginning today's doctor call by taking up the
• 14:11
  case of people of the state of Michigan versus Brooke Halladay.
• 14:16
  This is file #25-14132 FH appearances from council,
• 14:22
  please. It turns on behalf of the
• 14:24
  people, and I'm Jeff Harrison. I'm here on behalf.
• 14:26
  Of Brooke Halladay, that is her on the.
• 14:29
  Video screen. Thank you very much.
• 14:31
  Miss Halladay joins us today from the jail over in or up in
• 14:37
  Grand Traverse County. Miss Halladay, are you able to
• 14:40
  see? The court.
• 14:42
  Yes. All right.
• 14:44
  Thank you very much. Also before the court this
• 14:47
  morning is Miss Alex Matske. She is patient with the Westland
• 14:53
  Masaki Community Corrections program.
• 14:58
  It looks like we're for an arraignment on a bench warrant.
• 15:03
  The bench warrant was issued by this court back in February.
• 15:13
  I'm sorry. October.
• 15:20
  October. Yeah, that looks like October,
• 15:23
  October 20, 2025. Second, I'm almost getting
• 15:30
  there. All right.
• 15:34
  I actually issued it on October 17th of this holiday.
• 15:38
  I need to tell you that one your day for an alleged bond
• 15:43
  violation specifically it's alleged that this case was set
• 15:50
  for a final pretrial conference to occur on November 7th of 2025
• 15:57
  and that was removed from the document.
• 16:01
  You failed to appear because allegedly on or about October
• 16:06
  15th of 2021, you failed to appear for a drug testing as
• 16:12
  ordered, which was a condition of your bond.
• 16:15
  Now this could be considered an allegation of contempt.
• 16:19
  What would you not treat it as? That contempt could get up to 90
• 16:23
  days in jail and $7500 in fines and costs because it could be a
• 16:27
  failure to follow a court order. This Court, however, treats it
• 16:31
  as a review of your pretrial release conditions pursuant to a
• 16:35
  Michigan court law. 6.106 Parenthetical H You have the
• 16:41
  right to have a hearing on the matter.
• 16:43
  It's not a trial, but it's just a short hearing where Miss
• 16:47
  Matzke would be called here to testify and would basically tell
• 16:50
  us whether or not you had been advised that you had to have
• 16:54
  your testing done and whether or not you did or did not appear.
• 16:59
  If you are found to be in violation of your bond
• 17:02
  conditions, bond could be continued or it could be
• 17:07
  revoked, or it could also be modified.
• 17:11
  Now that I've covered what the allegation is, why we're here on
• 17:14
  the record today, and what the choices are, as well as a
• 17:17
  possible consequences, I'm going to turn to Mr. Harrison.
• 17:20
  Mr. Harrison, have you been able to speak with Miss Halliday
• 17:23
  about this matter? I have.
• 17:24
  To. At least once while the bench
• 17:29
  war was pending. OK.
• 17:31
  I would have this set for a hearing because I'm unsure of
• 17:36
  the current state of the negotiations to resolve the
• 17:40
  case. We may be able to.
• 17:41
  Resolve everything all at once. Well, our, well, we could do
• 17:46
  that, but let's, let's do it this way because it's not going
• 17:50
  to really impact the change. Miss Matthew.
• 17:53
  Please. Raise your right hand.
• 17:54
  Do you swear or affirm the information and testimony about
• 17:57
  5. Shall be the truth.
• 17:58
  And whole truth, nothing but the truth.
• 18:00
  The court case should just notice that this is Alex Matthew
• 18:03
  works down in the Community Corrections Office and that
• 18:05
  office is in charge of conducting random drug or
• 18:09
  alcohol testing. The court also takes additional
• 18:12
  notice that the terms and conditions of bond which was set
• 18:15
  by the report District Court and continued by this court included
• 18:20
  that the defendant is not to possess or use any illegal or
• 18:24
  controlled substances and would be subject to random testing.
• 18:28
  Mr. Carnes, go ahead and ask your question.
• 18:33
  Miss Matzke, is it true that Miss Holiday was required to
• 18:39
  submit a random drug testing to your office back in September,
• 18:45
  October of 2025? Yes.
• 18:48
  Then what? On what date is that?
• 18:51
  That she was ordered to. It was September 10th, but the
• 18:57
  bond order was signed in this report.
• 18:59
  And what, if any, contact did you have with Miss Holiday?
• 19:03
  Following that. Order.
• 19:05
  On October 9th of 2025, she enrolled in random drug and
• 19:11
  marijuana testing. Was that the date she?
• 19:14
  Was. Released from jail.
• 19:16
  I believe. So yes.
• 19:19
  And after. Enrollment was she ordered in.
• 19:22
  For random testing. She was.
• 19:24
  On what date? She was ordered in on October
• 19:27
  15th, October 18th and October 23rd.
• 19:31
  And did she appear on any of those days?
• 19:33
  She did not. Did you receive any?
• 19:36
  Contact from Miss Holiday after she signed up.
• 19:40
  For the testing. Program we have not.
• 19:44
  Thank you. I don't know for.
• 19:45
  Your questions? Mr. Harrison, any questions?
• 19:47
  For miss. Mattsy.
• 19:49
  Yes, Miss Mattsy, is it your testimony?
• 19:51
  To. Miss Halliday was given some
• 19:55
  kind of either verbal or written notice by your office on the
• 19:59
  10th of. 9th of October. Yes, it was.
• 20:04
  She would have been given a copy of her rule sheet that was
• 20:07
  signed. On the 9th.
• 20:09
  Of October and then verbal explaining the rules as well.
• 20:12
  OK, you're. Speaking.
• 20:14
  In the hypothetical. Can you testify here today that
• 20:18
  either of those took place for certain?
• 20:20
  Yes, I have assigned rulesheet from her on the 9th of October
• 20:24
  and then I verbally explain rules to every defendant and I
• 20:29
  signed that I was the one that enrolled here.
• 20:31
  OK. Well, it's actually your
• 20:33
  signature on the verification of that.
• 20:36
  That's why you're saying that. Correct.
• 20:38
  OK. Thank you nothing for any
• 20:41
  further Mr. Carr from the defense.
• 20:45
  But no proofs. At this time.
• 20:47
  Thank you. The court finds the defendant
• 20:49
  has violated their conditions of her bond by failing to test.
• 20:53
  In fact, we haven't known where she was now or has been for
• 20:57
  nearly five months. Therefore, the court revokes the
• 21:01
  defendant's bond and her manager into custody.
• 21:04
  The case will be immediately set upon the court's docket for the
• 21:08
  processing of this case. I believe our next step is to
• 21:11
  have the case set for a final free trial conference that will
• 21:16
  be on a upcoming Friday. And then there will also be a
• 21:21
  file date set. And so we should be back here on
• 21:25
  the record. Well, I don't know exactly when,
• 21:28
  but it'll probably be in a couple weeks.
• 21:31
  If the parties reach a resolution and they wish to have
• 21:34
  the matter brought before the court for the entrance of a
• 21:37
  resolution, they can contact the court staff and get it on the
• 21:41
  docket. Now, that of course, is stated
• 21:43
  only as an option. I'm not, I have no opinion about
• 21:46
  the facts of the case or what the party should do, but I'm
• 21:50
  just letting them know we will probably take a couple weeks,
• 21:54
  maybe a month before the case is back on the docket.
• 21:57
  Anything else in the name Mr. Carter?
• 21:59
  No, you are. Thank you any else today, Mr.
• 22:01
  Harrison. Nothing.
• 22:03
  Further to your honor, thank you.
• 22:04
  All right, Miss Halliday, have you been able to continuously
• 22:08
  see and hear the court this morning?
• 22:11
  Yes. All right, ma'am.
• 22:13
  Thank you. Are you currently in Grand
• 22:16
  Traverse County? The message there on some new
• 22:20
  charges I don't need to know anything about, just is that
• 22:23
  what happened? All charges.
• 22:27
  All charges. All right.
• 22:28
  Thank you. I'm just going to make.
• 22:30
  The only reason I'm doing that is so I can make a note here in
• 22:33
  the file that that's where you may be.
• 22:36
  So just one second. All right.
• 22:48
  Thank you very much. We are adjourned.
• 22:53
  Good morning once again, everybody.
• 22:54
  TCF live. It's a Super Friday, as we do
• 22:56
  here. We don't do regular Fridays.
• 22:58
  Regular Fridays are for losers and we're winners here.
• 23:00
  So it's a Super Friday. Let's stay in Michigan, go down
• 23:04
  to Lenawee County, Judge Olsaver, see what's going on
• 23:09
  there, Do you? Want to go back in and break out
• 23:11
  and talk more about that? Or it's it, you know, you could,
• 23:16
  you could. I mean, you didn't have any
• 23:19
  questions for me. I know you said you ought to
• 23:20
  review it though. So Are you sure you're OK with
• 23:23
  me signing them? Yes.
• 23:24
  On your behalf. OK, so I guess you're ready to
• 23:29
  proceed on the record then if your honor is OK with that.
• 23:33
  There is a plea agreement for Mr. West in this in these files.
• 23:38
  He'll be pleading to operate well intoxicated third offense
• 23:41
  in both files, both 202 20069 FH and 252-2294 FH.
• 23:50
  The People would agree to not file an absconding charge in
• 23:54
  regards to the older file, the 202-0069 FH.
• 24:00
  As well as. They would recommend six months
• 24:03
  jail in regards to Mr. West's sentence.
• 24:06
  Previously there was a a plea agreement with a recommendation
• 24:11
  or no objection to entering sobriety court.
• 24:13
  But again, the agreement as I understand it now is that they
• 24:16
  would recommend six months jail that agreement.
• 24:19
  Was like the last. Time we had that agreement, that
• 24:22
  was back in July. So that is the agreement at this
• 24:25
  point and I discussed that with Mr. West and he is wanting to
• 24:28
  enter a plea again to operate well intoxicated third offence
• 24:31
  in both files. Mr. Sneed, is that a complete
• 24:37
  and accurate statement of the plea agreement?
• 24:40
  Yes, it is right. Mr. W, would you raise your
• 24:46
  hand, please? You swear or affirm to tell the
• 24:48
  truth, the whole truth, and nothing but the truth, under
• 24:51
  penalty for perjury. Yes, Sir.
• 24:55
  Mr. W, you've heard the statement of your attorney and
• 24:57
  the prosecuting attorney. Is it your intention in file
• 25:00
  25-22294-FH to plead guilty to Count 1, Operating while
• 25:07
  intoxicated, third offense? Yes, Sir.
• 25:12
  Is it also your intention to plead guilty in file 20-20069-FH
• 25:19
  to Count 1 in that file also operating while intoxicated,
• 25:25
  third offense? Yes, Sir.
• 25:30
  Do you understand? With respect to each of those
• 25:32
  counts, the maximum possible penalty is a fine of 500 to
• 25:36
  $5000 and either one to five years incarceration or probation
• 25:43
  with 30 days to one year in jail.
• 25:46
  And at least. 48 hours of those to be served consecutively and
• 25:51
  60 to 180 days of community service.
• 25:55
  Yes, Sir. Do you understand that also
• 25:58
  requires mandatory vehicle immobilization of not less than
• 26:02
  one year or more than three years?
• 26:05
  Yes, Sir. Are you satisfied with Mr.
• 26:09
  Murphy and the advice that he's giving you?
• 26:11
  Yes, Sir. Neither the prosecutor,
• 26:15
  defendant nor anyone acting on the defendant's behalf has
• 26:17
  discussed a possible sentence with the court.
• 26:19
  Is that correct, Mr. Snee? Yes, your owner.
• 26:25
  That's correct, Your Honor. That's correct, Your Honor.
• 26:33
  So let me just clarify what the sentencing agreement is because
• 26:37
  Mr. Murphy, all I heard you say was six months in jail.
• 26:41
  Did that, did you, did you? You would also be on probation
• 26:44
  because I if it's a six months jail sentence, the probation is
• 26:47
  required. Yes, Your honor.
• 26:50
  I mean, that's again the the recommendation from the people
• 26:53
  was for six months jail. Again, my understanding was that
• 26:56
  was covering any incarceration time Mr. W is going to ask for.
• 27:01
  To go to. Rehab and he's expecting to be
• 27:02
  placed on probation, I believe was the expectation.
• 27:05
  I don't think there was an expectation of the jail time
• 27:08
  encompassing the entire sentence.
• 27:11
  OK. Is that your understanding, Mr.
• 27:13
  W? Yes.
• 27:15
  Yes, Sir. All right.
• 27:16
  I just wanted to make sure we had a.
• 27:17
  Clear record of that. Thank you.
• 27:23
  If guilty, please accept it. There'll be no trial.
• 27:25
  That means, Mr. W, that you're giving up the rights that you
• 27:27
  would have had at trial. I'm going to explain those to
• 27:29
  you right now to make sure that you understand them.
• 27:32
  You do have the right to a speedy public trial by jury.
• 27:35
  You could ask for a non jury trial and if the prosecutor in
• 27:38
  the court agreed, you could have a non jury trial.
• 27:40
  You have the right to be presumed.
• 27:41
  Innocent until proven guilty beyond a reasonable doubt.
• 27:44
  You have the right to have the prosecuting attorney prove
• 27:46
  beyond a reasonable doubt that you are guilty, and you do not
• 27:49
  have to prove anything. You have the right to be present
• 27:52
  at your trial, to have the witnesses against you appear at
• 27:54
  your trial, and to ask those witnesses questions.
• 27:57
  You have the right to have the court order any witnesses you
• 27:59
  have for your defense to appear at your.
• 28:01
  Trial. You have the right to remain
• 28:03
  silent during your trial and not have that silence used against
• 28:06
  you. However, you also have the right
• 28:07
  to testify at your trial if you wanted to testify.
• 28:10
  Do you understand, Mr. W, that if you please accept it, you may
• 28:14
  be giving up the right to appeal issues that would otherwise be?
• 28:16
  Stable if you were convicted. At a trial, yes, Sir.
• 28:23
  You also understand that any appeal from the conviction and
• 28:26
  sentence pursuant to your plea would be by application for
• 28:29
  leave to appeal and not by rights?
• 28:31
  Yes, Sir. If you are not a citizen of the
• 28:35
  United States of America, conviction of a crime can result
• 28:38
  in deportation, exclusion from admission to the United States
• 28:41
  of America, or denial of naturalization.
• 28:43
  Do you have any questions about any of those rights?
• 28:46
  No, Sir. Do you understand that you're
• 28:49
  giving those rights up? Yes, Sir, how do you wish to
• 28:53
  plead in file 25-22294-FH to the charge that honor about May 3rd,
• 29:01
  2024 in Cambridge Township, Lenway County, Michigan?
• 29:05
  They did commit. The offense of operating an
• 29:06
  intoxicated third offense guilty.
• 29:12
  And how do you wish to plead to the charge in file 20-20069-FH,
• 29:20
  the charge that on or about September 3rd, 2020 in Rome
• 29:23
  Township, Lenawee County, Michigan, that he did commit the
• 29:26
  offense of operating while intoxicated, third offense
• 29:29
  guilty, Sir. Has anyone made any threats or
• 29:36
  promises to you to induce you to plead guilty to those charges?
• 29:40
  No, Sir. You understand that if I accept
• 29:43
  your plea, you'll be giving up any and all claims that that
• 29:46
  those pleas were given as a result of threats or promises
• 29:49
  that were not disclosed to the court on the record this morning
• 29:51
  or that it was not your own choice to enter the police?
• 29:55
  Yes, Sir. Is the prosecutor or defense
• 29:59
  counsel aware of any promises, threats or inducements other
• 30:03
  than the plea bargain to induce Mr. W to plead guilty for that?
• 30:08
  No, you don't. Your Honor, I wanted to place on
• 30:11
  the record we did have a cop's conference scheduled for later
• 30:13
  in the month. Mr. W asked to have the plea
• 30:16
  entered without going to a cop's conference and getting an
• 30:20
  official answer from the court. I did let Mr. W know that is my
• 30:24
  intention after he enters the plea to request the court to
• 30:27
  consider releasing him early either after the presence of
• 30:30
  investigation report is done or whatever the court finds
• 30:33
  appropriate to release him to rehab.
• 30:37
  So I was going to place on the record again, that was something
• 30:39
  I talked to him about what I intend to do after the plea.
• 30:41
  So other than that, there was nothing else that was promised
• 30:44
  on. OK.
• 30:46
  So Mr. West, do you understand that regardless of any
• 30:49
  discussions you've had with Mr. Murphy about that issue, that
• 30:52
  ultimately I'm going to be the one to make that decision and I
• 30:55
  could decide either way? Yes, Sir, I do.
• 30:59
  OK. And do you still want to move
• 31:00
  forward? Yes, Sir.
• 31:05
  OK, If your plea is accepted and you engage in misconduct, the
• 31:09
  court will not be bound by any sentencing agreement or
• 31:12
  evaluation. Misconduct includes, but is not
• 31:14
  limited to, absconding or failing to appear at sentencing,
• 31:19
  violating bond conditions, violating the terms of any plea
• 31:22
  or sentence agreement, or otherwise failing to comply with
• 31:25
  an order of the court pending sentencing.
• 31:27
  Do you understand that? Yes, Sir, I do.
• 31:31
  Is it your own choice to plead guilty?
• 31:33
  Yes, Sir. Mr. Murphy, would you like to
• 31:41
  establish the factual basis? Yes, Your Honor.
• 31:43
  Thank you. OK, I'll start with the older,
• 31:46
  older file, 202-0069 FH. Mr. W, were you indeed in Rome
• 31:54
  Township, the County of Lenawai, State of Michigan, on or about
• 31:58
  September 3rd, 2020? Yes, Sir.
• 32:02
  And on and about that date were you operating a motor vehicle on
• 32:06
  US 223? Yes, Sir.
• 32:10
  And while you're operating that motor vehicle on US 223, was
• 32:14
  your blood alcohol content indeed over a point O 8?
• 32:18
  Yes, Sir. And would you agree that by
• 32:21
  virtue of your blood alcohol content being over a point O 8,
• 32:24
  that your ability to operate that vehicle was impaired, that
• 32:28
  you were intoxicated? Yes, Sir.
• 32:31
  And. Do you indeed have prior Oprywal
• 32:35
  intoxicated offenses on your record?
• 32:38
  Specifically one from April 15th of 1988 and the 2A District
• 32:45
  Court for Lenawee County and another one in April 28th of
• 32:49
  2004 in the 79th District Court of of Mason County, Michigan?
• 32:54
  Does that sound accurate? Yes.
• 33:00
  Ma'am. We will satisfy the factual
• 33:01
  basis for that count. So for that charge, don't move
• 33:12
  Mr. Steeder. And satisfied.
• 33:16
  Thanks all. Right.
• 33:18
  I'll move on to the next. File.
• 33:19
  Thank you. Let me see.
• 33:24
  So in file 25, 22294 FH. Mr. W, were you indeed in
• 33:31
  Cambridge Township, the county of Lenawee City, Michigan on
• 33:34
  April, I'm sorry, May 3rd of 2024?
• 33:38
  Yes, Sir. And were you indeed operating a
• 33:41
  motor vehicle on US12A public highway?
• 33:46
  Yes, Sir, and. When you're operating that motor
• 33:49
  vehicle on US 12, was your blood alcohol content over a Point O
• 33:52
  8? Yes, Sir.
• 33:54
  And again, you would agree that by virtue of having a blood
• 33:57
  alcohol contents what it was your ability to operate a motor
• 34:00
  vehicle was impaired and you were intoxicated?
• 34:02
  Yes, Sir. And again you.
• 34:05
  Have those priors I just placed on the record for that previous
• 34:07
  case. You have those priors,
• 34:09
  obviously. Yes, Sir, we are satisfied with
• 34:12
  the factual base for this charge.
• 34:16
  Mr. Sneed. I am Josh.
• 34:18
  Thank you. Has the court complied with MCR
• 34:22
  6.3, O2, BC and D? Mr. C.
• 34:25
  Yes, thank you, Your Honor. Mr. Murphy.
• 34:28
  Yes, John, and thank you. I will accept the plea then.
• 34:33
  It's been given understandably, voluntarily and accurately.
• 34:37
  Mr. West has had full knowledge of his rights.
• 34:39
  He's had confident counsel. The Court has not made any
• 34:42
  agreement regarding the possibility of a plea or
• 34:44
  sentence in this case with the prosecutor, defense attorney,
• 34:46
  defendant, or anyone acting in the interest of any of them.
• 34:49
  I will refer this matter to the Probation Department for a pre
• 34:53
  sentence investigation and set sentencing for April 17th at
• 35:01
  8:15 AM. Sir W someone is getting from
• 35:07
  the Probation Department is going to be in touch with you to
• 35:10
  do a pre sentence investigation interview.
• 35:13
  When you do that interview, please be truthful about these
• 35:16
  offenses and about your background.
• 35:19
  Yes, Sir, the honor, may I address his bond?
• 35:28
  You may we'd have the court to consider after his interview is
• 35:31
  done and after the probation department's completed with him
• 35:35
  if he could be considered. If you don't consider allowing
• 35:38
  him to be released to an inpatient rehab.
• 35:40
  He's been hoping to, if that was to happen to get into like Don
• 35:44
  farm some long term treatment facility.
• 35:48
  I think I expressed previously, your Honor, the reasons why I
• 35:50
  would think it was appropriate for Mr. W.
• 35:52
  Again, he's taking responsibility.
• 35:54
  He's not. I mean, he, he understands the,
• 35:57
  the severity of the situation of what you know, quite frankly, he
• 36:00
  has 2O Wis he pled to today. Obviously he's he's fortunate
• 36:04
  that he wasn't ultimately charged with absconding from the
• 36:06
  previous one. That was 5 almost six years ago
• 36:09
  now. But I think.
• 36:11
  In regards to the, the, the situation, a period of time in,
• 36:16
  in a, in a inpatient rehab would benefit him.
• 36:18
  That's why I'm asking for it to happen, you know, almost as soon
• 36:21
  as we can. If the court would agree to
• 36:23
  that, obviously the recommendation for six months
• 36:26
  jail from the, from the people, you know, I guess would address
• 36:30
  that, how it would come up if it would be suspended or how the
• 36:33
  court would address that. But I would ask what to consider
• 36:36
  again, releasing him after the probation department needs him
• 36:39
  here, allowing him to be released to an inpatient rehab.
• 36:57
  So at this point he has agreed to a six month jail sentence.
• 37:02
  I think I would be. I'm also concerned, you know,
• 37:06
  frankly about what what has happened and what is an
• 37:12
  appropriate consequence for what has happened.
• 37:16
  And so I would be perhaps willing to consider that at
• 37:20
  sentencing, but I not, not at this point.
• 37:25
  Yes, your Honor. All right.
• 37:33
  Mr. W, you can let the officer that's with you know that you
• 37:35
  are done with work for today. All right.
• 37:39
  Thank you. Have a nice day.
• 37:40
  Take your honor, Mr. W I'll talk to you again soon, OK?
• 37:43
  Yes, Sir. OK, friends, let's change it up.
• 37:46
  We'll head down to Florida, do our almost daily check in with
• 37:49
  Wade Mercer, see what's going on.
• 37:52
  Here you've got an auntie and some cousins here in the
• 37:54
  courtroom, some family members. Ma'am, you're here because
• 37:56
  you've been accused of 1 count of domestic violence battery.
• 38:00
  Miss Kirkland. There is probable cause for the
• 38:04
  charge, ma'am. But the good news is I don't see
• 38:06
  any criminal history. Have you ever been arrested or
• 38:08
  charged of the crime anywhere? No, Sir all.
• 38:12
  Right. So what I'm going to do is I'm
• 38:13
  going to appoint the public service to represent you for
• 38:15
  first appearance purposes, ma'am.
• 38:16
  Listen to Mr. McDaniel and we'll listen to the state and then
• 38:19
  we'll go from there. Mr. McDaniel, anything, you are
• 38:21
  just, you know, she's local, lifetime resident here, never
• 38:24
  been shown before, I think 47 years old.
• 38:28
  We just asked the court to 4748. We'd ask the court either for a
• 38:31
  cash bond or RRF, have her come back to the court hearing,
• 38:34
  whichever the court deems is appropriate.
• 38:36
  And I've talked to her about having no contact with the
• 38:38
  person here. Obviously there's some
• 38:41
  disagreements of whether they were living together, you know,
• 38:44
  whether someone comes over and visits a few nights a week over
• 38:46
  a month's time, you know, here and there.
• 38:48
  That's something we'll deal with later.
• 38:50
  But I'll let her know that if you say her, you know, she don't
• 38:52
  need to go back to this. She needs to do something.
• 38:54
  You know, something separate. Thank you.
• 38:57
  And Mr. Gill, any any thoughts? Did you ever review the?
• 39:00
  Complaint, we're just asking for no contact with the alleged
• 39:02
  victim. Any objection to the cash bond?
• 39:04
  No objection to cash bond. So Miss Kirkland, I'm going to
• 39:05
  let you pick in the conditional release and the cash bond.
• 39:08
  I'm sure that Mister McDaniels already explained the difference
• 39:10
  to you, but you are going to be offered by an option if you
• 39:14
  choose the cash bond to be $250 cash because of your lack of
• 39:17
  criminal history. There is a condition of no
• 39:20
  contact. I'm not real clear.
• 39:21
  The complaint doesn't give us a lot of information, as Mr.
• 39:24
  McDaniels said, about the whether the person has to be
• 39:28
  evicted or can they be trespassed.
• 39:30
  And I don't know the answer to that question, but they have to
• 39:33
  be lawfully removed before you can go back to that home.
• 39:36
  So you would have to contact law enforcement if they're still
• 39:38
  there and seek some guidance. If law enforcement tells you
• 39:40
  they're not going to trespass them, then you have to go
• 39:43
  through some type of other removal process legally.
• 39:46
  Do you have somewhere else you could stay on a temporary basis
• 39:49
  if that person was still in your home?
• 39:51
  Yes, Sir. OK.
• 39:53
  And you understand your difference between the cash bond
• 39:55
  and the conditional release? Yes, Sir.
• 39:58
  And which one do you prefer, Miss Kirkland?
• 40:00
  The cash bond, it's a. $250 cash bond.
• 40:03
  So let me talk to your family for a second.
• 40:05
  So what that means is as soon as $250 cash or posted at the jail,
• 40:09
  she'll be released immediately. So if you do that this morning,
• 40:11
  she'll be out this morning. She's just going to have no
• 40:13
  contact with that person. If that person, if that person's
• 40:16
  out of the home, she goes home, fine.
• 40:20
  If he's still living there, though, she has to legally
• 40:23
  remove him. And that gets complicated
• 40:25
  because law enforcement has to interpret is he just a overnight
• 40:29
  guest, in which case they can just tell him to leave or is he
• 40:32
  been there long enough to establish a residency, which
• 40:34
  means she would have to file some type of legal action to
• 40:36
  have him removed. It's not a, it's not a landlord
• 40:39
  tenant case. It's a different type of legal
• 40:41
  action. So that gets kind of little
• 40:43
  confusing. It's not something we can deal
• 40:44
  with this morning. The other thing we're going to
• 40:46
  do is I want to give you a notice for your court date.
• 40:49
  We'll get the so she's getting a cash bond.
• 40:53
  We'll ask the jail to give you a notice.
• 40:54
  Her court date would be when? March the 30th at 9:00 AM will
• 41:01
  be your court date. Miss Kirkland, do you have any
• 41:03
  questions? No, Sir.
• 41:06
  Family have any questions? They said they'll get you out of
• 41:10
  jail, OK? They'll they'll get you out this
• 41:11
  morning, hopefully OK. All right.
• 41:13
  Thank you. Thank you.
• 41:15
  Have a good day you. Too.
• 41:18
  After Miss Kirkland, we have Jay Bunting next.
• 41:27
  Mr. Bunting. Good morning, Mr. Bunting.
• 41:28
  You're here for first appearance accused of 1 count.
• 41:31
  Well, you have a charge of failure to appear on the fence
• 41:35
  of battery and a violation of conditional release warrant on
• 41:37
  that same charge. Mr. Bunting, your father is in
• 41:40
  the courtroom. I'm going to appoint the public
• 41:42
  service to represent you for first appearance purposes and
• 41:44
  ask that you listen to your attorney, please.
• 41:48
  Just to correct the record here, It was not a failure to appear.
• 41:50
  I mean, he was in jail in Washington County.
• 41:52
  But we're going to enter plea of no contest.
• 41:53
  The charge as listed understanding maybe since 30
• 41:56
  days in the county jail, $722 fine, four days jail credit.
• 42:01
  He signed his plea waiver form, waive his right to jury trial
• 42:03
  and call witnesses that resolve this case today.
• 42:11
  Thank you. Mr. McDaniel.
• 42:12
  Mr. Gill, is that agreeable with the state?
• 42:14
  It is Your Honor. And Mr. Bunting, did you hear
• 42:16
  that agreement? Yes, Sir.
• 42:19
  There's not a better deal for me though.
• 42:24
  Well. Considering that you're on
• 42:25
  conditional release and you've got charged a new felonies in
• 42:27
  another county and then played those felonies, that's the offer
• 42:30
  being made today. Do you want to accept that offer
• 42:33
  or not? If that's the best they can do,
• 42:35
  yes Sir. That's all I accept.
• 42:37
  All right, So Mr. Vonte, I'm going to accept your admission
• 42:39
  or your play of no contest to the offensive battery.
• 42:43
  I don't remember his criminal history before this, so let me
• 42:45
  take a look at that. On adjudication, I looked at the
• 42:51
  Calhoun and I can't remember if it was so battery and 16 that
• 42:56
  was dismissed. Mr. Gill, the ones he's on
• 42:59
  probation for now, which happened after this one and then
• 43:02
  before that was an old charge of possession alcoholic beverages
• 43:06
  by minor. What's the State's position on
• 43:07
  adjudication on the battery? I know that can have certain
• 43:09
  adverse effects later on, given that it can be enhanced.
• 43:14
  It doesn't matter. State takes no position.
• 43:16
  If there's a state's not asking for the adjudicate.
• 43:18
  That's about what you're about to say too, right, Mr. McDaniel,
• 43:21
  And I was going to say also that I know that she has contacted
• 43:23
  me. The big demand, the state after
• 43:25
  all this incident was dropped the charges.
• 43:27
  So I'm going to withhold adjudication of guilt, then
• 43:32
  sentence you to 30 days in jail, impose the standard court costs
• 43:35
  and fines for that charge, which are seven, $22722, and give you
• 43:40
  credit for how many days, Mr. McDaniel, 4-4 days credit.
• 43:44
  Mr. Bunting and Mr. Bunting, you'll get a chance to work that
• 43:48
  off at the jail. Those court costs and fines, if
• 43:50
  you don't get them worked off, they'll be a civil judgement
• 43:52
  against you and Mr. Bunting. This resolves this case.
• 43:56
  And this doesn't violate your probation because this charge
• 44:00
  allegedly happened before the charge happened.
• 44:02
  The the event allegedly occurred before you even own probation.
• 44:05
  Let me see if your father has any questions first, Sir.
• 44:08
  Do you have any questions, Sir? What I understand?
• 44:11
  He's got to do another. 30 years ago, he has to do another 26
• 44:15
  days at most. The reason I say at most is
• 44:19
  Florida law allows for game time in most cases.
• 44:22
  So by following jail rules, he could do as low as 20 to 20,
• 44:27
  maybe even 20 days, but he'll do somewhere between that number
• 44:30
  and 26. He's got a battery, carries a
• 44:34
  $722 fine under floor law, if he pays it or works it off, he may
• 44:39
  have enough time to get it worked off at the jail.
• 44:40
  He won't owe anything if he gets it worked off if he and by
• 44:43
  getting in the trustee program, if he doesn't get it worked off,
• 44:46
  he has to pay it. Or by law, the clerk's office
• 44:49
  will send a notice to the state of Florida and his driver's
• 44:51
  license will be suspended after about 90 days.
• 44:54
  And that 90 days doesn't even begin until he gets out of jail.
• 45:00
  So you can see any way you can see, Mr. Bunting, I have no
• 45:03
  control over that. You may want to call Chief Jeter
• 45:05
  at the jail and they they may or may not let you since the
• 45:09
  circumstances. That's his call.
• 45:11
  OK. Yes, Sir.
• 45:12
  Mr. Bunting, do you have any questions?
• 45:15
  No, Sir all. Right Sir, I wish you the best.
• 45:18
  Thank you all for coming. The next defendant that has
• 45:21
  friends or family here is Rusty Tucker.
• 45:31
  Mr. Tucker, you have several family members in the courtroom.
• 45:34
  Sir. You're here because you've been
• 45:35
  accused of violating in terms of your state probation.
• 45:37
  I have a copy of a warrant signed by Judge Garcia that has
• 45:41
  no bond on it. So what you've got is no bond
• 45:43
  warrant. What we're going to do this
• 45:45
  morning is I'm going to arraign you, which means I want to get
• 45:47
  you a lawyer appointed if you're asking for one, so we can give
• 45:49
  you a court date. And we'll see if you have any
• 45:50
  questions in just a moment. Would you like to have an
• 45:52
  attorney point to represent you, Mr. Tucker?
• 45:54
  Yes, Sir, I want the public defender's office to represent
• 45:58
  you. Listen to Mr. McDaniel and then
• 45:59
  we'll see where we go from there.
• 46:01
  All right, I spoke to Mr. Tucker, we're going to not
• 46:04
  guilty to the charges, get him on arraignment docket for April
• 46:08
  23rd and advised him that the attorney that have visit him
• 46:10
  prior to that court hearing April 23rd.
• 46:14
  So Mr. Tucker, that'll be your court date and attorney will see
• 46:17
  you before your court date. But right now that's just
• 46:19
  Garcia's next VOP date. I did tell you've got friends or
• 46:22
  family in the courtroom. Mr. Tucker, do you have any
• 46:24
  questions? Yes, Sir, I mean Floyd want.
• 46:31
  To let your family know to go talk to the attorney, not asking
• 46:37
  he, he just, he wants somebody to say he's employed.
• 46:40
  He wants to be out. He's not getting out already.
• 46:42
  He talks to let his family know that he wants to let his family
• 46:45
  know that if they go there and talk to Guy Green's office, if
• 46:47
  he can't get on the docket, if they can't work something out
• 46:50
  prior because he's got a job and he don't want to lose his job.
• 46:52
  That's what he want. But you know, that's what that's
• 46:55
  what you want to say, Mr. Tucker.
• 46:56
  Yes, Sir. OK, so Mr. Tucker, your family's
• 46:58
  already tried to explain to myself and the state a little
• 47:00
  bit. We didn't get into much detail
• 47:02
  at all because Mr. McDaniel wasn't here.
• 47:04
  I just explained to them that it's Judge Garcia's warrant.
• 47:07
  It's her case. I'm not involving myself in
• 47:09
  another judge's case without permission.
• 47:12
  So you got to deal with Judge Garcia on this?
• 47:13
  It's her. It's her warrant.
• 47:14
  Her no bond warrant. OK.
• 47:16
  Yes, Sir. All right.
• 47:17
  Wish you the best, Sir. Does the family have any
• 47:19
  questions? The law.
• 47:24
  Firm Guy Green will be his attorney, but Mr. Green won't
• 47:27
  even know he's been appointed yet, so you may want to wait
• 47:29
  till the 1st of the week or even the middle of the week.
• 47:34
  I talked to him yesterday. Talked to who?
• 47:36
  Yesterday. OK, Well, then if you've already
• 47:37
  talked to him, then that he would be the attorney
• 47:39
  representing Mr. Tucker. And he'll be the one to go to
• 47:41
  the jail and talk to Mr. Tucker. Or sometimes Mr. Sims or Mr.
• 47:44
  Blunt will do that along with Mr. Green.
• 47:48
  OK. All right.
• 47:49
  Wish you the best Mr. Tucker. All right.
• 47:51
  Thanks. Yes, Sir.
• 47:53
  Thank you all for coming. All right, Mr. McDaniel, that's
• 47:56
  it for friends or family. So let me go back to the next
• 47:58
  case in the docket, which appears to be Shannon Kent.
• 48:10
  Kent, you're here because you've been accused of 1 count of
• 48:12
  driving while license suspended or revoked habitual and one
• 48:15
  count of tag attached not assigned.
• 48:17
  Mr. Kent, I'm the judge that signed the warrant and I, I
• 48:23
  think I missed something. I'm, I don't think the warrant
• 48:26
  alleges that you were habitual offender.
• 48:28
  The complaint doesn't. And but I went back and I, I
• 48:31
  looked at your driving record and you clearly are according to
• 48:34
  your driving record. But normally that, that does
• 48:37
  have to be in the complaint. And I just think I missed that.
• 48:39
  So I found probable cause when I signed the warrant for these
• 48:42
  charges. I'm going to adjust the bond
• 48:43
  accordingly because there's actually probable cause for a
• 48:46
  misdemeanor fence in the complaint.
• 48:48
  The state may charge you with a felony.
• 48:50
  Based on your driving record. It appears you may qualify, but
• 48:53
  what's in the complaint is only a misdemeanor.
• 48:55
  Mr. McDaniel, anything on behalf of Mr. Kent?
• 48:59
  Mr. Gill? Nothing on behalf to stay on Mr.
• 49:01
  Kent. I'm going to set your bond at
• 49:02
  $2500 in each of these cases. That's based on what's in the
• 49:05
  complaint. Your bond is $5000 cash or sure.
• 49:08
  Do you have a condition not to drive a motor vehicle without a
• 49:10
  license? If you get your driving issues
• 49:13
  straighten out, you drive as long as you want your license
• 49:15
  issues straighten out, but in unless if you get caught driving
• 49:18
  and you still don't have a suspended license or you still
• 49:20
  don't have a valid license, that will violate your bond.
• 49:23
  Mr. Kent, you will get to use the phone in a few minutes, Sir,
• 49:25
  to try to post the bond. I'm going to ask the jail to
• 49:28
  give you a notice for your court date.
• 49:29
  Sir. That court date will be April
• 49:36
  the 7th at 8:30 of your court date and Circuit Court.
• 49:40
  Kent, do you have any questions, Sir?
• 49:43
  I wish you the best. Thank.
• 49:45
  You. The next statement we have is
• 49:48
  Kurt Hagen. Mr. Hagen, Good morning.
• 49:52
  Mr. Hagen, you're here for first appearance accused of one kind
• 49:54
  of battery. Mr. Hagen, there is probable
• 49:56
  cause for the charge. I'm appointing the public
• 49:58
  center's office to represent you, and then I'm going to
• 50:00
  listen to the attorneys. Mr. McDaniel, Your Honor, Mr.
• 50:05
  Hagen, he's disabled. He's currently getting
• 50:08
  disability check from the government.
• 50:11
  I think it's been over 10 years since he's been convicted of a
• 50:13
  crime. I mean, he obviously has
• 50:16
  defenses on this charge, Honor. We'd ask the court for some kind
• 50:19
  of reasonable bond, Mr. Gill. Judge.
• 50:23
  The allegations are this argument started over alcohol,
• 50:28
  it does involve a cane and the allegations are the victim was
• 50:32
  hit and struggled a cane that could be charged as aggravated
• 50:36
  battery. Judge, we are asking that he get
• 50:40
  a high, high misdemeanor bond and that he have no contact with
• 50:43
  the alleged victim and we. Say he's also.
• 50:45
  Requesting that he not be able to possess or consume alcohol
• 50:47
  during if he's able to make bond.
• 50:51
  What about the? I remember having him in a 2024
• 50:56
  battery with somewhat similar allegations.
• 51:00
  He was supposed in a wheelchair then at times also.
• 51:03
  But I think that case may have been dismissed.
• 51:05
  It looks like it was dismissed. So I think Mr. McDaniel may be
• 51:09
  right. He said his last conviction was
• 51:11
  over 10 years ago. He's been arrested as recently
• 51:14
  as less than two years ago, but it was dismissed.
• 51:17
  I skimmed his is CCIS. I think that's accurate.
• 51:21
  OK. So Mr. Hagen, given that
• 51:23
  information, Sir, I do remember the prior case.
• 51:27
  And what I'm going to do is set your bond at $3500 cash or
• 51:30
  surety. You have a condition, no contact
• 51:32
  with alleged victim, no contact at all, Mr. Hagen.
• 51:35
  And I'm not likely to modify that condition based upon these
• 51:38
  allegations. So if you post bond, you have to
• 51:40
  go somewhere else. If you have belongings in that
• 51:42
  her residence or where she lives, I have no idea whose name
• 51:45
  the lease is in or if there's a lease or there's ownership or
• 51:47
  whatever. But if she if that person
• 51:50
  doesn't live there, if you're, if they're legally removed, you
• 51:52
  can certainly go there. Otherwise, you have to go
• 51:54
  somewhere else. Your bonds, $3500.
• 51:57
  Mr. Gill, at this early stage, do you want him to give him a
• 52:00
  notice for the misdemeanor court date or the.
• 52:02
  Yeah. OK.
• 52:03
  So we'll give him notice for his misdemeanor court dates, please.
• 52:06
  Corporal or Lieutenant. And that would be March the 30th
• 52:11
  at 9:00 AM. Be your court date, Mr. Hagen.
• 52:13
  March 30th at 9:00 AM. Do you have any questions, Sir?
• 52:15
  All right, Mr. Hagen. Wish you the best, Sir.
• 52:21
  We have Allen Davis next. Mr. Davis.
• 52:35
  Good morning. Mr. Davis, You here?
• 52:36
  Good morning. Good morning.
• 52:38
  You're here on the charge of no valid driver's license from
• 52:40
  2024. Mr. Davis, I'm going to appoint
• 52:42
  the Public Center's office to represent you.
• 52:43
  I'm going to ask that you listen to your attorney, Mr. McDaniel.
• 52:46
  Yes. Sir, I spoke to Mr. Davis.
• 52:49
  At this point in time, he's going to leave no contest
• 52:50
  charges listed. The understanding he'll be
• 52:52
  sentenced to 60 days in the county jail, two days jail
• 52:54
  credit. He signed his waiver, waiver his
• 52:56
  rights to retrial and call witnesses $400.00 fine.
• 52:59
  This will resolve this case today.
• 53:02
  Thank you. Mr. McDaniel.
• 53:04
  Mr. Gill's out agreeable with the state.
• 53:05
  It is your honor. And Mr. Davis, did you hear that
• 53:07
  agreement? Mr. Davis, did you hear that
• 53:18
  agreement? Yes, Sir.
• 53:21
  Mr. Davis, is that the plea that you would like to enter?
• 53:24
  Yes, Sir. Mr. Davis, I'm going to accept
• 53:26
  your plea of no contest to the charge of driving with no valid
• 53:31
  driver's license. I'm going to judge you guilty of
• 53:33
  that misdemeanor or criminal traffic.
• 53:35
  I'm going to send you to 60 days in jail.
• 53:37
  You got credit for two days. You've already served $400.00
• 53:40
  court costs and files. Mr. Davis, there's no probation
• 53:42
  involved in this sentence. It's a straight jail time
• 53:44
  sentence. What that means is when you
• 53:45
  finish the sentence, Sir, you all be completed the case.
• 53:49
  Mr. Davis, I would encourage you to talk to the jail staff about
• 53:52
  the trustee program because that may get you quite a bit of extra
• 53:55
  game time. Mr. Davis, if you have any
• 53:56
  questions, Sir. No, Sir.
• 53:58
  Thank you, Sir. Wish you the best Mr. Davis.
• 54:01
  Great all day. We.
• 54:04
  Have Gregory all day next Mr. all day.
• 54:14
  Good morning Mr. all day. You're here for first appearance
• 54:16
  accused of 1 count of driving while license suspended or
• 54:18
  revoked knowingly. Mr. all day there is probable
• 54:21
  cause in the complaint and I've also looked at your criminal
• 54:23
  history. I'm going to appoint the public
• 54:25
  service also represent you Mr. all day I'm going to ask you to
• 54:27
  listen to Mr. McDaniel please. I thought Mr. all day we're
• 54:31
  going to plea of no contest or charges listed you understanding
• 54:34
  30 days in the county jail one day jail credit $400.00 fine yes
• 54:37
  on this two way reform where? We brought to.
• 54:38
  A jury trial and call. Witnesses this resolve this case
• 54:41
  today. Thank you, Mr. Gill.
• 54:43
  Is that agreeable with the state?
• 54:44
  It is Mr. all day. Did you hear that agreement?
• 54:47
  Yes, Sir. Is that the plea you would like
• 54:50
  to enter Mr. All Day? Yeah, because that's the plea I
• 54:53
  am. Mr. All Day, I'm going to stop
• 54:55
  that plea of no contest into the charge of driving while license
• 54:58
  suspended or revoked doingly and judge you guilty of that offense
• 55:01
  and issue 230 days in jail. Give you credit.
• 55:06
  For the time you served, just one day and post a standard
• 55:09
  court costs and fines of $400.00.
• 55:11
  Mr. all day. You also may or may not get some
• 55:14
  extra game time under Florida law.
• 55:15
  I would encourage you to talk to the jail about that and
• 55:18
  hopefully you get out there a little bit earlier and then put
• 55:19
  this all behind you. There's no probation involved in
• 55:21
  this sentence. Mr. All Day any questions?
• 55:24
  No. No, Sir.
• 55:26
  Wish you the best, Mr. all day. Thank you, Mr. McDaniel.
• 55:34
  That's it on my list. Anybody I may have missed, Sir.
• 55:38
  Move this everything and anything else from the public
• 55:41
  defender's office. Thank you, Mr. Gill.
• 55:45
  Anything else from the state? Nothing for the judge and
• 55:48
  Lieutenant. Anything else from the jail?
• 55:50
  Sure, that's it. We appreciate it.
• 55:54
  And that is the end of that day. But our day continues.
• 55:58
  Good morning once again, everybody, TCF live.
• 56:00
  Happy Super Friday to you. Let's go to Fulton County,
• 56:04
  Georgia. This is Judge Rochelle.
• 56:06
  Is it Carnesale or Carnesale? If you know in the chat, tell me
• 56:10
  because I don't. I could see it either way, but
• 56:13
  let's go there. The Oconee County Jail he's
• 56:16
  amassed a number of certificates like he's used this time to
• 56:21
  benefit to his benefit greatly. He has substance abuse, a basic
• 56:26
  math prayer interest, another substance abuse, harm reduction,
• 56:31
  formulas for career success, Celebrate Recovery, parenting
• 56:34
  while incarcerated. These are all certificates.
• 56:37
  It's 9, I believe in total that was provided to me by Mr. Neal's
• 56:42
  wife. He does deny the allegations of
• 56:45
  the new charges. He was driving and had a
• 56:49
  passenger in his vehicle who later admitted to being a
• 56:53
  possession of the substance that were found and located in the
• 56:56
  vehicle. However, Mr. Neal had already
• 56:59
  been charged at that point. He is willing, if he's given the
• 57:03
  opportunity to be reinstated, to go and attend Narcotics
• 57:08
  Anonymous. He currently works at Hunter's
• 57:12
  Remodeling LLC with his son, which has been incorporated for
• 57:17
  about 5 years, but he is in construction and does remodeling
• 57:20
  by trade. He's done that for the past 20
• 57:23
  years. He's currently at risk of losing
• 57:25
  his home and so he desperately wants to get back home so that
• 57:28
  he can get back to work and support his household where his
• 57:32
  he and his wife are living. He states that in regards to his
• 57:36
  arrears, he can't pay his full arrears within a month if he is
• 57:40
  released. If your honor is not so inclined
• 57:44
  to reinstate his probation, we would ask for three months
• 57:48
  revocation, a 90 day revocation and we with hopes that he would
• 57:53
  be allowed to serve his time in the county.
• 57:55
  OK. Miss Mondava, Judge I I'm fine
• 58:01
  with that, OK? And Mr. Officer Julius.
• 58:08
  Yes, your honor, in lieu of what he's been doing since he's been
• 58:13
  there, I hope he stays on that track and we're we're fine with
• 58:16
  that. OK, nothing ventured, nothing
• 58:19
  gained. You talked your way into a get
• 58:21
  out of jail revocation today. All right, so how many days has
• 58:24
  he served? Yes, Sir. 37 days.
• 58:27
  OK, So we'll make it revoke 37, reinstate.
• 58:31
  Does that, Is that OK, Officer Julius?
• 58:34
  I'm sorry that we were going to do 90 and giving.
• 58:36
  That's what I thought. Oh, OK.
• 58:38
  Oh, you guys were agreeing with that.
• 58:39
  All right. They asked for get out of jail
• 58:42
  in the alternative 90 days. So you're asking for 90 days?
• 58:47
  I I thought Miss Will said 90 days.
• 58:49
  I apologize. That's OK.
• 58:50
  That's OK, Wasn't clear. If Your honor is so inclined to
• 58:53
  reinstate if everyone else's agreement, that would be my ask.
• 58:57
  But I'm saying if that is not possible, 90 days so that he can
• 59:01
  split that in the county jail. I'll split the baby in say 60
• 59:05
  days. So a little more time and then
• 59:08
  he'll be out. So it's almost get out of jail.
• 59:10
  Thank you. OK.
• 59:12
  All right, so I'll find that you're stipulating to a
• 59:13
  preponderance of the evidence that the state could prove the
• 59:15
  allegations of the petition for purposes of this hearing.
• 59:18
  And we're going to revoke 60 days and then reinstate.
• 59:22
  It's so important that you stay on the track that you're on.
• 59:24
  The reason these two ladies agreed to 90 days is because
• 59:27
  you're doing really well. And I, I don't think I've had
• 59:31
  somebody else up here who's done all that in that short a time.
• 59:33
  So good for you. Thank.
• 59:36
  You, yeah. And also do that did I get?
• 59:38
  Time served with the. Yes, you get credit for time
• 59:40
  served. Thank you.
• 59:43
  All right, that's it for that one.
• 59:44
  So you can go now. Thank you.
• 59:47
  Oh, do you need to meet with him, Officer Julius?
• 59:50
  No you're not. I met with him already so we
• 59:51
  could he could be done. OK.
• 59:54
  Thank you. OK.
• 59:55
  Who do you guys want to take next?
• 59:57
  Judge the jail is asking if we can handle South Annex.
• 1:00:00
  OK, who do we have in South Annex?
• 1:00:02
  Mr. Walls and I am ready to proceed with Mr. Walls.
• 1:00:05
  OK, do you want to present that one?
• 1:00:07
  Sure. So the current recommendation is
• 1:00:10
  9 months. So Mr. Walls, he does have new
• 1:00:14
  charges. However, he does adamantly deny
• 1:00:16
  those new charges. Are they looking?
• 1:00:18
  For domestic violence charges, yes, Judge.
• 1:00:21
  OK, I did ask who called the police.
• 1:00:25
  He's not aware. There was a bond hearing where
• 1:00:28
  he stated the alleged victim did appear and she denied the
• 1:00:31
  allegations and the incident even occurring.
• 1:00:35
  Again, he doesn't know and he states that she does not know
• 1:00:38
  who called the police. But again, he adamantly does
• 1:00:42
  deny those allegations. He has registered for the Family
• 1:00:46
  Violence Intervention program. He states that his niece has
• 1:00:49
  documentation of that. I'm not sure if she's on the
• 1:00:52
  call. I have not had the opportunity
• 1:00:54
  to speak with his niece, but he stated that he has registered
• 1:00:57
  into that program. I would request 120 days
• 1:01:02
  revocation. We do understand that these are
• 1:01:07
  charges of the same nature of the underlying charge.
• 1:01:10
  But he was granted a bond and he states that in part that was due
• 1:01:15
  to the alleged victims. Testimony at his bond hearing is
• 1:01:19
  what led to that decision. Do we know if it's the same
• 1:01:22
  victim in the original case, in the new case or alleged victim?
• 1:01:26
  We'll say give me a second judge.
• 1:01:29
  I'm. Trying to look that up.
• 1:01:30
  So I'm just wondering if he violated if the allegation
• 1:01:33
  violates a bond or a probation condition of the original
• 1:01:37
  probation too. I'm looking at it right now.
• 1:01:42
  Give me. All right, friends, we're a
• 1:03:00
  couple minutes in the Way back machine.
• 1:03:01
  Let me see if I can bump us past this dead air.
• 1:03:07
  Froze again, by the way. There we go.
• 1:03:14
  I think you're fine because we can get some.
• 1:03:17
  I don't know what's going on. It's OK unless someone has an
• 1:03:20
  objection, we can see her and we can haven't recognize my
• 1:03:23
  husband's computer for the zoom in my computer because my webcam
• 1:03:28
  isn't working. I think you're fine because we
• 1:03:31
  can see you and we all recognize your voice.
• 1:03:33
  Any objections to this the way OK.
• 1:03:35
  No objection. I don't know if this will help,
• 1:03:51
  I'm trying to pull up my information, but it says Tasha
• 1:03:55
  Donaldson is listed on the petition as the no contact, so
• 1:03:59
  I'm not sure if you're in the new case looking.
• 1:04:03
  Oh OK. That's the name that's noted on
• 1:04:06
  the petition. The new case has Tasha Terry
• 1:04:13
  Young Jerome. Is that who you have?
• 1:04:16
  Kaylee? Tasha Donaldson.
• 1:04:19
  I have an incident. Report with Is that not the
• 1:04:24
  right incident report? It's got to be the same Tasha.
• 1:04:30
  Most. There's a new Tasha mine, says
• 1:04:33
  Tyrion. Tasha, Tyrion.
• 1:04:37
  No, Tyrion Durham is the new. Case.
• 1:04:40
  Oh, OK. So that's.
• 1:04:41
  Like a different person and then the old case.
• 1:04:45
  I don't, I have Mr. Banks sister.
• 1:04:50
  And then they said an unknown victim.
• 1:04:53
  That's her, his significant other.
• 1:04:59
  OK, so I'm, I'm trying to figure out if I have a case number, a
• 1:05:06
  victim name for that. OK.
• 1:05:10
  Well, let me ask this Officer Julius, what's your
• 1:05:12
  recommendation on that case? Your Honor, since he has had
• 1:05:17
  three previous convictions for violent offenses, it is nine
• 1:05:22
  months in reinstate. OK.
• 1:05:24
  I'm I'm under the same impression.
• 1:05:27
  OK. And tell me again what you're
• 1:05:28
  asking for, Miss Wells? A hundred 120 days and you said,
• 1:05:36
  I'm sorry, you said he has four total violent offenses, Officer
• 1:05:39
  Julius. Yes, your Honor.
• 1:05:43
  OK. And the new arrest, is that a
• 1:05:46
  misdemeanor arrest or a felony arrest?
• 1:05:48
  I. Believe.
• 1:05:50
  I believe it's a misdemeanor. Give me one second.
• 1:05:59
  I think it's actually a felony. It is a felony.
• 1:06:03
  It is aggravated results a felony.
• 1:06:05
  I'm sorry. And the new case number is 26 SC
• 1:06:08
  000637. OK.
• 1:06:12
  My inclination with the information we have today is to
• 1:06:14
  go with the state's recommendation.
• 1:06:16
  But Miss Wills, if you want to set this up for a formal hearing
• 1:06:18
  at a later date, that's fine. If you want more information on
• 1:06:20
  it, OK, I will confer with Mr. Walls about that.
• 1:06:26
  OK. You want to jump into a breakout
• 1:06:28
  with him right now? Sure.
• 1:06:30
  Yes, I will do that. We'll put you in there.
• 1:06:34
  Is he going to be the only one we have in South Annex Atina?
• 1:06:38
  OK. Yes, yeah.
• 1:06:39
  Let's go ahead and deal with it because they're eager.
• 1:06:41
  S Annex is asking us to finish. OK, friends, let's change it up.
• 1:06:46
  Let's take a minute and go into the Wayback Machine.
• 1:06:49
  So we were watching that trial in Judge Oakley's court
• 1:06:51
  yesterday. Let's take a few minutes now, go
• 1:06:55
  back to that and catch the closing arguments.
• 1:06:59
  Wait the Closings. Let me start is you know I gave
• 1:07:17
  you that checklist what we're looking for what's up for So
• 1:07:21
  there is that testimony back on on May 18th, 2025 and the city
• 1:07:38
  of here on then this is the continent.
• 1:07:46
  Many back then appeared at 22046 Sicil Dr. in Maytown, and she
• 1:07:55
  made contact with now the waiter's testimony about her.
• 1:08:02
  Again, she did it herself coming in.
• 1:08:06
  She wanted a confrontation. She wanted to get close, open.
• 1:08:11
  She wanted to. She was upset about the
• 1:08:18
  situation and you know herself, you know, I regretted that.
• 1:08:28
  There's probably a lot of things that she regarded now we heard
• 1:08:34
  pass only she went there. She had a little at the address
• 1:08:41
  leaving found out her tasty was covered her name Bob that's her
• 1:08:48
  department and he's saying she was upset she went over there.
• 1:08:56
  We've heard that as far as we made we've heard a slap sound 2
• 1:09:04
  witnesses to start the standing sound here to figure out whether
• 1:09:10
  your mind is happening or whether it's domestic.
• 1:09:13
  But two things one is that odd very testimony.
• 1:09:23
  I regretted going over there. I regretted I was angry I was
• 1:09:26
  sad. She didn't say she's I wasn't
• 1:09:30
  sad. I went over there.
• 1:09:32
  I wanted invitation. I wanted to Constantine Amanda.
• 1:09:37
  I wanted she was a sad and she paused by us.
• 1:09:48
  That didn't mean to prove that that's the one where they were
• 1:09:54
  in a relationship. You've heard.
• 1:10:02
  I know there's only one either in A7 Halo, the big film.
• 1:10:07
  But there's also an honor for you.
• 1:10:10
  Now normally it's it's nice to compare what two people see, but
• 1:10:15
  I think it's also equally as nice.
• 1:10:17
  We have 5 senses. Let's use all 5.
• 1:10:21
  So she was consistent about those conversations that I mean,
• 1:10:26
  she was insistent about the noises that were heard that she
• 1:10:29
  was consistent about, you know, yes, I call her, yes, GAIL, call
• 1:10:36
  her. Consistency.
• 1:10:39
  There's consistency to, you know, about 1 second.
• 1:10:51
  There's consistency to, you know, about the time that this
• 1:10:55
  happened, the order relents hearing the world, hearing that
• 1:10:59
  bugs of that counter. There was consistency in the
• 1:11:03
  slab. Now there was a consistency as
• 1:11:05
  to the amount, but does he remember?
• 1:11:09
  Cajun really provides you much details of the second one, but
• 1:11:12
  we do have a lot of notes on that.
• 1:11:16
  Then slap that, saw where the tattoo was and then had to go
• 1:11:21
  back and get that. Now we heard about the banyan
• 1:11:29
  door. We heard about her coming closer
• 1:11:32
  to the door. And we have two testimonies and
• 1:11:36
  her testimony actually 3 witnesses testified that after
• 1:11:40
  she came in one that confrontation, she was brought
• 1:11:42
  out and we heard the door close. We heard the glass right.
• 1:11:45
  We saw the bird. We had a bottom for accused
• 1:11:52
  about how this went back now before we talked in the
• 1:11:57
  beginning, we talked about credibility, right, that this is
• 1:12:00
  a he should he said she said right and we talked about how he
• 1:12:05
  determines strength. We're looking for, you know, not
• 1:12:09
  only just their stories, but some of those available views,
• 1:12:12
  some of those, you know, perceptive that we have to
• 1:12:16
  determine something true. I need to really go back and
• 1:12:20
  listen to judges instructions about where the start ability as
• 1:12:24
  well as compare that to what we saw that they any of our
• 1:12:29
  witnesses, frankly we're really mad.
• 1:12:35
  I don't think that anyone was mad.
• 1:12:39
  I don't think that anyone was showing signs of stress.
• 1:12:47
  That's for you. However, when you think about
• 1:12:52
  the defendant is saved for all severe talent.
• 1:12:55
  She was upset she went there angry and Limonca she at first
• 1:13:01
  waited with the police without when the police arrived didn't
• 1:13:06
  drove away in the flag down officer kept going and then once
• 1:13:10
  the officer Doctor Jay was up and she and she had actually
• 1:13:21
  went for a time close. And now I'm asking you that you
• 1:13:26
  see that we have not heard we've heard beyond a new slowdown that
• 1:13:32
  these suit people are in a massive relationship and that
• 1:13:34
  binds the perfectness at this date, this time, but at this
• 1:13:39
  time I'm an acity find that thank.
• 1:13:42
  You, Mr. Hadley. Mate, thank you ladies and
• 1:13:54
  gentlemen for sticking with us and now you guys probably pray
• 1:13:57
  today we got to go on. So I'm going to try to keep this
• 1:13:59
  quick, but I also I. I think that's.
• 1:14:02
  Not me to like. Advocate for my fine apple.
• 1:14:04
  What we've heard. I've got it next so I know you
• 1:14:06
  guys can do it, but I wouldn't. Be doing my job.
• 1:14:09
  If I didn't like. So I agree, we talked a lot
• 1:14:12
  today before you get started. About credibility.
• 1:14:15
  I understand. That there was a motion involved
• 1:14:17
  by all parties, but what we heard today for non, you know,
• 1:14:23
  outside of police. Witness.
• 1:14:25
  Everyone who met a little sin my mom correct fiance is is fiance
• 1:14:35
  you guys are also the. Witness today is something.
• 1:14:36
  You don't see very often. Which we actually had a witness
• 1:14:39
  who had testified previously Underoath and actually admitted
• 1:14:42
  today that whatever he said previously, Underoath wasn't
• 1:14:45
  true. Don't get that moment quite
• 1:14:47
  often, but it did happen. Today.
• 1:14:49
  Does that mean that everything the guy said is just a full
• 1:14:51
  blown? I know I'm not saying, but when
• 1:14:53
  we were talking earlier about what do we really thought when
• 1:14:57
  it's just two people's words against?
• 1:14:58
  Each other. What do we go?
• 1:15:01
  How do we make the quote tiebreaker?
• 1:15:03
  We're not benefited with that, that evidence.
• 1:15:06
  What we all, all of us love to see is show me proof.
• 1:15:09
  We all feel better if we have never going to get that really
• 1:15:14
  in most of these cases where there's not going to be that
• 1:15:18
  security can of the 7-Eleven that shows the six foot one
• 1:15:20
  suspect leading at 11:59. There's going to be parts of
• 1:15:23
  this that follow on you guys. That's all I'm.
• 1:15:27
  Going to do right now just kind of point out a few of these
• 1:15:29
  like. Kind of moments we all heard
• 1:15:31
  today, yeah. I apologize if I reacted with
• 1:15:34
  looks on my face sometimes. I've been warned by judges, not
• 1:15:37
  that off, but there were a couple moments today where I I
• 1:15:39
  just would go beside us. We've had an alleged victim.
• 1:15:44
  I was going. To call it what it was you guys
• 1:15:46
  assumed. He's a really big dude.
• 1:15:49
  He's really something, says my client.
• 1:15:54
  If he really parsed together the parts of his statement that did
• 1:15:57
  say consistent, it was that he had posted himself up a
• 1:16:00
  partially open door once. It's all to believe that she
• 1:16:04
  somehow or another barreled through said or did not get any
• 1:16:07
  of the guy that you saw her in the counter behind you heard the
• 1:16:10
  officer test by the place didn't look like it was in disarray or
• 1:16:13
  you know, things have been. Flipped.
• 1:16:14
  Over. It's shown.
• 1:16:17
  Back and there's really nothing. To look at so remember.
• 1:16:21
  We talked about that since the evidence.
• 1:16:22
  Before as well. Seems a little weird.
• 1:16:25
  That mean that it couldn't. That started to go into the
• 1:16:27
  weird category. Doesn't look like anything
• 1:16:30
  strange happening here, Caleb. That and I this happened.
• 1:16:37
  Back in the week, he. Was questioned multiple times.
• 1:16:42
  Every time he's questioned we even got the Python said thank
• 1:16:45
  you God never before today did anyone have heard of this
• 1:16:50
  mystery second slap that was another one of those involved
• 1:16:53
  like what so somehow or another between the dates that this
• 1:16:57
  happened in 2025 and now not a story you can sit but it's grown
• 1:17:03
  new a new allegation of another assault.
• 1:17:07
  OK, let's just. Keep moving.
• 1:17:08
  From that, that seems strange, right?
• 1:17:10
  Seems like right after what had been happening, I moved in the
• 1:17:13
  time you told the officer I got to smack them all the time.
• 1:17:15
  So let's just talk real quick about that.
• 1:17:17
  We've got that in a year with us.
• 1:17:23
  And I thought some of her testimony was fairly crappy
• 1:17:25
  today. In fact, when she finally was
• 1:17:27
  pushed with the facts that you. Really.
• 1:17:30
  Didn't see or know anything. Fact.
• 1:17:32
  It's even possible that Caleb could have slapped my client.
• 1:17:35
  She stopped fighting. You know what I mean?
• 1:17:37
  We did see that at a certain point, she did admit that.
• 1:17:39
  Oh, OK. You know what?
• 1:17:40
  I was really relying upon this. I went with what he.
• 1:17:46
  Said and I. Did tell the officer that I saw
• 1:17:49
  or I may have more information. But she she backed off.
• 1:17:54
  Today just kind of kept wiggling I I still feel like everything
• 1:17:58
  we just would have been further confused.
• 1:18:00
  I could have probably continued to re ask the questions and get
• 1:18:03
  different answers but. What that?
• 1:18:04
  Tells me from yours to doing this and just having kind of
• 1:18:07
  that spicy sense of is a sniff, passive sniff.
• 1:18:12
  None of that felt it. It certainly seems like this
• 1:18:15
  individual believes there's the right answer, the right set of
• 1:18:19
  words, the right. Set of.
• 1:18:20
  Things that he can string together that are still.
• 1:18:24
  Not going to change the. Overall.
• 1:18:26
  Life situation at the relates client, their child and father.
• 1:18:29
  Today was a little bit confusing because you're gearing out of
• 1:18:32
  family court case. You don't really know what
• 1:18:34
  happened because with rules of law working rules of evidence,
• 1:18:37
  you can't fully get into that nor is it appropriate.
• 1:18:39
  But what you do know is this is a really big picture of singing
• 1:18:43
  on for a really long time. You never heard anyone say it's
• 1:18:47
  Halo. You know, four years they were
• 1:18:48
  together. Never make any accusations, but
• 1:18:50
  she's previously been violent, even if she's an aggressive
• 1:18:54
  purse, even if she's, you know, an angry person.
• 1:18:56
  Not only that, she's hurt the study.
• 1:19:00
  So kind of we should again, go back into what what's, what's
• 1:19:03
  really going on? Well, what we do know from
• 1:19:06
  Caleb's testimony. And finally, he sees some facts
• 1:19:09
  there. Is that even though?
• 1:19:12
  There's been this. Alleged assault that happened at
• 1:19:15
  his new fiance's house. He seemed to be really fixated
• 1:19:17
  on how to go to the EPO and how to get family paperwork filed.
• 1:19:21
  Really, I think I don't have to be too heavy on this.
• 1:19:25
  I firmly believe that all of you guys, I just had to pull those
• 1:19:28
  dots close enough for you guys to say shit.
• 1:19:29
  Back next. And it does.
• 1:19:33
  When I'm talking about the lies, it's a big jump.
• 1:19:36
  Telling somebody, you know, accusing somebody and saying I
• 1:19:40
  don't think you're telling the truth.
• 1:19:44
  So you're really careful about throwing those types of
• 1:19:45
  accusations in this instance? I don't.
• 1:19:48
  Have any reservations plus if I haven't moved on after today
• 1:19:53
  again when someone could look me in the face and just continue to
• 1:19:56
  not really commence what happened and we're not talking
• 1:19:59
  about a nine part. Pile of 13.
• 1:20:02
  Different witnesses. This is really simple.
• 1:20:04
  Your emotion, kind of filing your objective judgment really
• 1:20:07
  should be the only thing that would cause a difference to your
• 1:20:10
  story, right? But no, the story's grown.
• 1:20:13
  The story's changed. One slap 2 slaps plates breaking
• 1:20:18
  Originally the office came out moment that this all happened
• 1:20:20
  they back to the story. My suspicion would be it was
• 1:20:24
  broken turn light throwing Nader out the door.
• 1:20:29
  She can't say that's exactly what happens.
• 1:20:31
  We know from this inconsistent testament timeline that's really
• 1:20:35
  what it started to sound like today.
• 1:20:37
  That was back to Caleb himself and Benny with the preliminary
• 1:20:40
  examination. He was asked if she pregnant No
• 1:20:44
  today had a chance. So the police she went out
• 1:20:48
  unscrewed and whipped it at that preliminary didn't happen.
• 1:20:53
  Today is a new version three separate stories about.
• 1:20:56
  Someone that's not consequential really isn't what?
• 1:20:58
  We're talking about. They have to prove she touched
• 1:21:06
  and that they were in a relationship.
• 1:21:08
  Previous. Nobody's talking that.
• 1:21:10
  In fact, you hurt everybody in a relationship.
• 1:21:12
  It's like touching. You heard Megan, but.
• 1:21:16
  She put her hands. On cable, you're going to do a
• 1:21:19
  jury instruction here in a moment about self-defense.
• 1:21:23
  So much crap. I mean, you don't have to kill
• 1:21:25
  the blame right along. You absolutely have the right to
• 1:21:27
  assert a reasonable proportionate get off of you as
• 1:21:32
  long as you don't escalate their civic force.
• 1:21:34
  You have to be stronger than the person getting first.
• 1:21:38
  You've been in that room, that's on that.
• 1:21:40
  She didn't do anything like that.
• 1:21:41
  She just simply was trying to get herself free from them.
• 1:21:46
  And we seem to be ill. I apologize.
• 1:21:47
  It takes a long getting the thing up.
• 1:21:48
  And I know you guys know what the skin and he looks like
• 1:21:50
  because there's a lot of testimony made about police
• 1:21:53
  sitting things out there with people.
• 1:21:55
  Why I'm thinking? That she's followed.
• 1:21:56
  Their own plain eyes and she showed the officer she they said
• 1:21:59
  need you know flood rundown me. Clearly it just.
• 1:22:03
  We saw pictures of her own glass and what was the pagulator He
• 1:22:06
  where the complainant himself and that's the fire hurt her.
• 1:22:09
  You connect to her statement so she heck her up off her feet
• 1:22:12
  slammed on Lee. She stayed she's being told
• 1:22:22
  police are coming. One part of her brain.
• 1:22:24
  I think I think it's nice and put yourself in her shoes.
• 1:22:27
  I'm not saying that. It's just I didn't even go off
• 1:22:28
  to relate to a haywire kind of situation where the person whose
• 1:22:34
  ports you're staying on saying you must lead, get out of it.
• 1:22:37
  The other hand is. Saying I saw the police and
• 1:22:39
  you're saying a lot of things you heard about them saying
• 1:22:40
  police somehow make a a responsibility.
• 1:22:45
  An owner sat on the curve for not seeing a random police
• 1:22:48
  officer at the front of the park and not going up.
• 1:22:50
  And flying him down, I. I don't think anyone's beer is
• 1:22:53
  going to be sure. I think we all know about that.
• 1:22:56
  Saw the video, saw her cooperate and most importantly her today
• 1:23:00
  testified there were cropping out of tears up here again.
• 1:23:06
  I mean there wasn't a big per adoption.
• 1:23:09
  That I. Truly, that admiration.
• 1:23:12
  Point. Come on.
• 1:23:13
  It's come off today. I think that she's a very strong
• 1:23:15
  person and if all of you that had watched all of the videos
• 1:23:19
  all of the strung together to see her handle the aftermath of
• 1:23:23
  this and talking to the police about keeping her sword
• 1:23:26
  straight. It's not hard to do.
• 1:23:30
  And that's why even in an emotional state for story dating
• 1:23:34
  and that's why today even under cross examination from the
• 1:23:37
  cross, you're doing a good job. Pepper me some questions, hear
• 1:23:42
  me then I'm the end of the day. He's going to talk after I'm
• 1:23:47
  done. Broke my head around, but I'm
• 1:23:50
  going to say anything else happens.
• 1:23:51
  It's your job putting this in your hands at this point in
• 1:23:56
  time. Prosecution must prove to you
• 1:24:00
  beyond. No, it's got to be beyond that.
• 1:24:08
  The judge is going to tell you what the law is, but I mean, end
• 1:24:11
  of the day. I think.
• 1:24:14
  Some slight of all your may so I'm a big fan.
• 1:24:21
  This is a demonstrative. I'm about to show you.
• 1:24:22
  What that means is this is not evidence.
• 1:24:25
  OK, I'm just showing you maybe. Hello shark that.
• 1:24:48
  This isn't the law, it's just something.
• 1:24:50
  That kind of helps me understand people are talking.
• 1:24:54
  We're trying using the legal language.
• 1:24:56
  I know that's really. Small if you, if you want a
• 1:25:07
  Poly, if you want a Polycom, we can Polycom it, Josh, we can
• 1:25:12
  Polycom it. So it goes there.
• 1:25:15
  I think everyone. Must see that.
• 1:25:16
  They're not in big dirty. This isn't the law.
• 1:25:18
  This is just kind of like a little clever.
• 1:25:20
  Like hey, let's look at this site.
• 1:25:22
  So as you finally start kind of coming.
• 1:25:23
  Through these scenarios, you know you got so I can talk.
• 1:25:25
  About this when you go back there.
• 1:25:26
  What about this? What about this?
• 1:25:28
  Why? Don't we get that?
• 1:25:28
  You. Know dude was slapped there's no
• 1:25:31
  picture of and it wasn't singing so these missing things that's
• 1:25:35
  going. Through all that.
• 1:25:36
  You may come up with a whole bunch of different scenarios,
• 1:25:39
  like hypotheticals. What may have actually gone
• 1:25:41
  down. None of us will actually know
• 1:25:42
  only people who were there, but I think all of us can put their
• 1:25:47
  facts what we think logically are reasonably happy.
• 1:25:53
  Perhaps inspecting guilt might be a whole bunch of stops and
• 1:25:58
  training until you get up to that top level wish.
• 1:26:02
  As we said, for a reason that hurts me so.
• 1:26:05
  Hot. Yes, I absolutely can.
• 1:26:12
  I think I'm just making an echo. All right.
• 1:26:19
  So my little butter demonstrative prosecution's
• 1:26:23
  going to be up there to point at it and.
• 1:26:25
  Spin it like a good looking. At us and show you why work
• 1:26:28
  statistics you guys. Were asked at the beginning of
• 1:26:34
  this today. As well, we got to be in if
• 1:26:36
  you'd be able to make a decision based on just testimony alone.
• 1:26:39
  If you want to see something more, all of us want to see
• 1:26:41
  something and thankfully today you guys did.
• 1:26:46
  We got some pictures that show what actually happens.
• 1:26:51
  She saw some. Evidence that Lowe's actually.
• 1:26:57
  There there's a tremendous amount of mode.
• 1:27:00
  There's a lot in his mind to gain right now from inflicting
• 1:27:05
  pain under this issue are just remember I thank you all the
• 1:27:15
  sincere time patience keeping open minds from this process.
• 1:27:22
  I do firmly believe today prosecution not their fault, but
• 1:27:27
  the facts are the facts. They just don't have Mr. Leckie,
• 1:27:36
  no. The reason why I don't have our
• 1:27:41
  staff because and the privacy of seeing all the time.
• 1:27:48
  Here's my problem there's your bar that's always right.
• 1:27:54
  We're going to see reasonable doubt now above that is
• 1:27:59
  unreasonable doubt of all them that is about my I have every
• 1:28:06
  single. I don't have to prove that she's
• 1:28:30
  a cypher. All I have to prove is that this
• 1:28:38
  defendant got into that house assaulted being threatened or
• 1:28:50
  you can take it that Sir, I'm so sorry.
• 1:28:55
  So you all I have to prove is that to be this individual
• 1:28:59
  assaulted either guide into that house to threaten use of use of
• 1:29:05
  force UN killed or she battered it actually make contact
• 1:29:13
  assaulted him without and trust him against.
• 1:29:17
  Now he also brought up the substance self-defense during
• 1:29:21
  instructions and you'll have those as well.
• 1:29:22
  I want to read the last carrier. So general reality is just
• 1:29:30
  taking the last carrier and they're all important to the
• 1:29:33
  length of the ramp and it applies to the scene 4.
• 1:29:37
  The person playing self-defense must have not had the wrong plea
• 1:29:40
  and brought from the assault. However, if defendant used only
• 1:29:43
  words, that does not prevent her from playing self-defense that
• 1:29:47
  she would obtain. Now.
• 1:29:50
  This individual went to this house, didn't stay in the
• 1:29:54
  threshold of Norway or for something, pushed herself in as
• 1:29:59
  the testimony of the fight, and then assaulted our baby.
• 1:30:06
  This is what testimony now, even if we were to take a slice of it
• 1:30:12
  now, she didn't bar her away and she didn't push away.
• 1:30:16
  So she took advantage of that state.
• 1:30:17
  She took advantage and then moved closer to where her rival
• 1:30:23
  for her, her actually guard was at.
• 1:30:31
  Those are facts that all of these artists now did.
• 1:30:40
  She didn't granted so to push them over the counter counter
• 1:30:47
  the gun unless the broken off we're going to have all those
• 1:30:54
  The judge is also going to start to do that injury designs.
• 1:30:58
  I don't have to prove these don't have to prove that he used
• 1:31:02
  Dennis tattoo burser that film and it wraps it first and it was
• 1:31:08
  injury or that was right. I don't have to prove it.
• 1:31:13
  That is now I also want to talk about what kind of study this
• 1:31:22
  isn't about right? And you know, I think it's very
• 1:31:27
  responsible and appropriate that the defense counsels admitted
• 1:31:31
  that that's not my review because we're here for one day,
• 1:31:33
  one time. One effect now that any
• 1:31:37
  Portuguese. Yeah, it might play a role in
• 1:31:39
  civilian. Motivation.
• 1:31:42
  Don't see that. But if you're OK, look what's
• 1:31:47
  going through your you're surprised that this individual
• 1:31:52
  who's the mother of your children arrives to this house,
• 1:31:55
  acts in the way that she acts, and now you're supposed to be
• 1:32:01
  comfortable that your daughter's not the presence of that.
• 1:32:08
  And we're supposed to be surprised that that is going
• 1:32:10
  through responsible. No, I can't vouch for him.
• 1:32:17
  I can't vouch for his car to build his fantasy original.
• 1:32:21
  He doesn't manage. They got his first thought was
• 1:32:24
  on the stage mother of the kid who has custody of that kid just
• 1:32:30
  acted in a way he was not prepared for him suspected and
• 1:32:34
  put him in a bit of fear. When you've heard that, I mean,
• 1:32:38
  he's a big guy, he'd be afraid. He's well afraid.
• 1:32:43
  He said that to me and she was afraid and it sounds all my was
• 1:32:50
  unsolved and our solved man and he was afraid and injury was
• 1:32:55
  going to come to him or an injury didn't fall.
• 1:33:00
  This is Nathaniel domestic violence.
• 1:33:06
  And when we look at some of his tests and some of the some of
• 1:33:11
  the maybe he has a hard point, but that's need for use.
• 1:33:17
  But he answered, he doesn't know how to he doesn't know and he
• 1:33:27
  didn't have the opportunity to conduct a three hour interview
• 1:33:31
  with police savvy put in 3rd gear and needed the seconds.
• 1:33:37
  So not only do you have to consider how many tests testify
• 1:33:41
  being what their statements were products and what their
• 1:33:45
  statements are today that we'll start with that, but we'll also
• 1:33:48
  instruct you together their conditions.
• 1:33:51
  But if we talked about maybe service needs this, that and the
• 1:33:53
  other, but I would also urge you to consider those higher
• 1:33:58
  statements as well. What was their shape and what
• 1:34:00
  was their What was their mental states?
• 1:34:06
  What are you doing? When those statements come,
• 1:34:09
  Skype to me because time plays a role.
• 1:34:19
  So we talked about here, some of us had pretty exciting people
• 1:34:25
  for years or as teachers who get to work in different fields and
• 1:34:29
  have different kind of students over here where everyone listen
• 1:34:33
  everyone's response to interactions to stress with
• 1:34:36
  differently and went through in our credit.
• 1:34:42
  I just want to ask you to keep following that.
• 1:34:46
  At the end of the day, you'll see that I really must install.
• 1:34:52
  And or install. That in place that this
• 1:34:55
  dependence, the one who did it that day, that's our end of the
• 1:34:57
  location. All right, I think that means
• 1:35:09
  we're ready for me to read to you again so you can file.
• 1:35:15
  OK, friends, we're going to skip the the reading because it's
• 1:35:19
  just standard jury instructions, nothing too spectacular there.
• 1:35:23
  So again, those were the closing arguments for the trial that we
• 1:35:25
  watched yesterday. I'm also going to give you the
• 1:35:28
  verdict right now. So they were recessed for a
• 1:35:32
  couple of hours while the jury deliberated.
• 1:35:35
  And the verdict they brought in the jury, he said what's your
• 1:35:42
  verdict? They gave it.
• 1:35:44
  And then that was that. It was like 30 seconds.
• 1:35:46
  So it's nothing over the worth showing because it's not
• 1:35:50
  dramatic from that standpoint. But it was not guilty.
• 1:35:54
  She was found not guilty. And then he got the stream.
• 1:35:58
  So that was that, a not guilty verdict.
• 1:36:00
  So I told you we'd finish it off, and we just did.
• 1:36:05
  Okie, Dokie, Let's go to Texas. Judge Stevens.
• 1:36:27
  OK, you are Romero Williams correct here in cost #23 CR
• 1:36:40
  1039. Mr. Burbank was here
• 1:36:44
  representing you and the state's attorneys present earlier.
• 1:36:50
  You entered A sanction. She was guilty here to the third
• 1:36:55
  degree felony of illegal possession of a firearm by a
• 1:36:58
  convicted felons percentage Report has been prepared.
• 1:37:02
  If the parties had an opportunity to review it on.
• 1:37:05
  Are there any corrections or changes to the state of Texas?
• 1:37:08
  We've reviewed it. No objections or changes, just
• 1:37:12
  just Mr. Burton. I've gone to half of the half of
• 1:37:14
  defense. All.
• 1:37:18
  Right. It's made a part of the record
• 1:37:19
  for all purposes. The agreement here is a cap,
• 1:37:22
  whatever sentence shall not exceed a cap of five years in
• 1:37:24
  prison. So we are looking at no less
• 1:37:27
  than two nor more than five years confined and in prison and
• 1:37:30
  defend. It could be placed on deferred
• 1:37:32
  or unadjudicated probation and could be placed on regular
• 1:37:36
  probation as well. OK.
• 1:37:40
  A state you can go first and last if you.
• 1:37:42
  Wish. Judge, the There's a couple of
• 1:37:48
  things that jump out to me on this.
• 1:37:51
  Number one is to his benefit the he hasn't had any felony cases
• 1:37:57
  since 2008. The problem is that he really
• 1:38:05
  did his best to minimize where he's got this one right.
• 1:38:09
  Yes, Sir, yes, Sir. And clear, you know, the the his
• 1:38:14
  track history of handling probation is poor in which the
• 1:38:19
  probation office points out and by that I mean he's been given a
• 1:38:22
  chance of probation before both all all attempts at that has
• 1:38:27
  failed. And.
• 1:38:27
  Resulted in him being revoked on 2 network occasions.
• 1:38:32
  Yes Sir. When you look at his the PSI and
• 1:38:37
  when you look at the version that the officers give at the
• 1:38:41
  time in which there's an incident occurs, Mr. Williams
• 1:38:46
  blames the the guns on being his brother.
• 1:38:51
  When he's later interviewed by the probation office, he says
• 1:38:56
  they're they weren't his they were friends.
• 1:38:59
  So I mean we've got an inconsistency from from the very
• 1:39:04
  beginning and it's all about his attempts to minimize the
• 1:39:08
  situation here. And I know what they're going to
• 1:39:13
  argue for is probation. I don't believe in giving
• 1:39:17
  probation to people who don't accept full responsibility for
• 1:39:21
  the actions in which they're there.
• 1:39:24
  I also don't think probation is the right situation here because
• 1:39:30
  of a lengthy criminal history that this man has, even though
• 1:39:33
  it's been years since he's had a felony offense and because of
• 1:39:38
  the additional factor that he's never succeeded with that in the
• 1:39:42
  past. I would ask for the five year
• 1:39:45
  sentence, Judge. OK.
• 1:39:50
  Mr. Berkeley, I'll go. The half clerks of sins go in
• 1:39:52
  there. Thank you.
• 1:39:54
  As always or most of the time, Your Honor, I look at it
• 1:39:58
  differently than Mr. Cam. I believe he did take
• 1:40:02
  responsibility when he was stopped.
• 1:40:04
  He was the one that told the police officers that in the
• 1:40:07
  trunk, not under a seat, not on his person, not in the glove
• 1:40:10
  compartment, that there were two firearms in there and they will
• 1:40:14
  tacked away and they were not loaded.
• 1:40:17
  And if I had a brother, I would probably consider him my friend.
• 1:40:24
  I had a friend as a brother vice versa.
• 1:40:27
  But he was very important coming with the police officer the last
• 1:40:33
  time. That he had.
• 1:40:35
  Anything was back in 2007 and 2008.
• 1:40:38
  No, with probation. That was state jail.
• 1:40:41
  He was revoked, but that's when he was a younger man.
• 1:40:44
  He's 43 years old, 44 years old and he was a younger man but not
• 1:40:52
  back then. But since then he has not been
• 1:40:55
  convicted. This is his first felony, TDC
• 1:40:59
  felony and out of state jail. During this time though, Joe,
• 1:41:03
  she was employed full time. He keeps a household.
• 1:41:06
  In fact, he does work for some law enforcement people still.
• 1:41:13
  So I guess he's trusted and what he does.
• 1:41:18
  And so we would ask, Judge, that you would consider probation.
• 1:41:23
  Of course, this court puts them on six years.
• 1:41:26
  I mean, excuse me, 10 years usually.
• 1:41:28
  And if they do well, then they could be let off early.
• 1:41:32
  I think he's an appropriate candidate, even though with his
• 1:41:36
  past history, many of the allegations that Mister Hamm has
• 1:41:41
  alluded to were either rejected or dismissed and have no idea
• 1:41:45
  why. Back in 18 and 14, the last time
• 1:41:51
  he was convicted was in 2008. So it is some time I would ask
• 1:42:02
  that you would consider probation, you know, except for
• 1:42:07
  the criminal conviction on regular probation judge, there
• 1:42:12
  is no punishment enhancement on deferred women by that is there
• 1:42:16
  was a second or first would be more time over his head, but
• 1:42:21
  there isn't. And if you have any questions,
• 1:42:27
  my client anything you want, Sir.
• 1:42:33
  Yes, Sir. I don't get into this trouble.
• 1:42:36
  I'm sorry. I don't get into much trouble.
• 1:42:38
  Take care. Ain't five year old woman.
• 1:42:39
  That's my very she's in the winter, she's on.
• 1:42:41
  That's where I stayed. I work for Tyler Water.
• 1:42:44
  I work for 4 minutes. I work right across the street
• 1:42:47
  from a police station. I'm always there working at
• 1:42:50
  home. That's the only place I
• 1:42:51
  definitely think. If I was.
• 1:42:54
  Granting probation I would have been good on because I does
• 1:42:57
  have. I didn't have a job after that.
• 1:43:00
  You've been in trouble. I've been in.
• 1:43:01
  Trouble. But I don't get in trouble.
• 1:43:04
  That was not so. How many?
• 1:43:08
  How many convictions do you have?
• 1:43:14
  That you know of. Yeah.
• 1:43:18
  Just wondering what? Stage here for 2000, if you got
• 1:43:20
  stuck on, is that your final answer on that one?
• 1:43:24
  Yes. OK, let me point out a couple of
• 1:43:30
  things that you apparently don't remember about your own life.
• 1:43:34
  Let's see, you were arrested in 2007 on illegal possession of
• 1:43:41
  controlled substance and placed on two years probation for state
• 1:43:45
  jail. That's it, two years state jail
• 1:43:48
  probated for four years and that was on January 17th of O 8 and a
• 1:43:55
  $500 fine that was revoked about a year later and you were
• 1:44:01
  sentenced to one year in the state jail.
• 1:44:04
  Do you recall that? Then let's see, there was a
• 1:44:12
  2000, a 12/16/2000 offense that was two months after, about two
• 1:44:20
  months after the original illegal possession of a
• 1:44:23
  controlled substance. It was called abandoning
• 1:44:27
  endangering a child and you were placed on two years, sentenced
• 1:44:33
  to two year state jail and four years probation on that same day
• 1:44:40
  as the equal possession controlled substance.
• 1:44:43
  And it was also revoked on April 9th and you were sentenced to
• 1:44:46
  one year in state jail. So that's. 2.
• 1:44:49
  Convictions. And to round out the field, in
• 1:44:53
  2008, apparently you were charged again with manufacturing
• 1:45:00
  and delivery of a controlled substance and sentenced on April
• 1:45:05
  14th of 2009 to one year in a state jail, correct?
• 1:45:10
  That's three. You were a little, you had a
• 1:45:15
  little trouble with your mask on your personal life, but you got
• 1:45:18
  3 felony convictions. How many misdemeanor convictions
• 1:45:23
  do you have? Let's see if you can guess
• 1:45:27
  correctly. It's your life.
• 1:45:29
  Nobody knows more than you. Don't look over there.
• 1:45:32
  Do you have to have help on how many times you've been
• 1:45:34
  convicted? You have to have help.
• 1:45:38
  You've been convicted of illegal possession of marijuana in 2005
• 1:45:42
  and also carrying a weapon in OA, criminal trespassing in OA,
• 1:45:46
  assault causing bodily injury of a family member, family member
• 1:45:50
  in 2013. That's 4 misdemeanors and three
• 1:45:56
  families. That's the total of seven,
• 1:45:59
  right? OK, we're a little unclear about
• 1:46:04
  your life earlier, but it's that clear now.
• 1:46:10
  Tell me you're you were completely cooperative with the
• 1:46:18
  police on this when you're arrested.
• 1:46:21
  Everything was and it's not. That's all the way everything
• 1:46:23
  was. I'm not.
• 1:46:28
  You didn't hesitate or they have two girls.
• 1:46:37
  Not only let me just refresh your memory, what the police
• 1:46:41
  said, which is different from what you're saying.
• 1:46:48
  I told. I had Williams exit the vehicle
• 1:46:53
  and speak with Officer Allen and I spoke with Thomas and I began
• 1:47:06
  speaking with Williams and I asked for consent to search his
• 1:47:11
  vehicle. Remember that.
• 1:47:14
  What did you do? What'd you say?
• 1:47:16
  What'd you say? I said yes you can.
• 1:47:18
  Search my vehicle that you can search for the trunk.
• 1:47:20
  That's what I said, right? You can search my vehicle, but
• 1:47:22
  you can't search my trunk where the gun's on.
• 1:47:25
  When they asked me that I. Said when the where the guns
• 1:47:27
  were right. You can search my car, just not
• 1:47:31
  my trunk. Tell them what the guns were.
• 1:47:34
  This I had dispatch. That's not what happened.
• 1:47:37
  That's not what they report is. I had dispatch check Williams
• 1:47:41
  for both national and local warrants.
• 1:47:43
  Due to his comments, I asked if he had any illegal narcotics in
• 1:47:48
  the vehicle. He said no.
• 1:47:51
  Then I had the canine, the dog, respond, conduct an open air
• 1:47:54
  sniff. Are you going to interrupt me?
• 1:47:59
  Yeah. I see.
• 1:48:00
  What happens here is you're in an environment where you
• 1:48:03
  control, oh, you got 7 convictions.
• 1:48:11
  You're free fall and dispatch advised Williams.
• 1:48:18
  I had one city warrant along with multiple Jefferson County
• 1:48:21
  warrants so I placed him under double lock restraints and
• 1:48:26
  advised him he was under arrest. I asked him for 1/3 time do you
• 1:48:32
  have anything illegal in your vehicle?
• 1:48:34
  Then you finally said after being arrested, you had two
• 1:48:38
  pistols in the trunk. And then so they searched the
• 1:48:49
  trunk inside 2 handguns and there we are here today and this
• 1:49:03
  is now remember this is in June of 23 and you at this time had 3
• 1:49:20
  felony convictions already. So can't be in possession of
• 1:49:28
  power as you know and same here we are.
• 1:49:37
  Well, those were launched George traffic tickets, yes, this
• 1:49:47
  decision last I don't. Know you would put on.
• 1:49:51
  Probation and revoke for the state deal felonies.
• 1:49:54
  You see the year on each of those.
• 1:49:57
  I believe that's correct, Judge. OK.
• 1:50:04
  OK. The only other fact judge that I
• 1:50:07
  failed to mention that I'd like for your honor to sent into
• 1:50:10
  account is both of those guns were stolen firearms that I'm
• 1:50:15
  not sure that that's as detailed as it needs to be in the PSI.
• 1:50:20
  But after they ran, ran the information.
• 1:50:23
  Well, we don't have. You're not saying?
• 1:50:25
  You have any proof he stole a gun?
• 1:50:28
  So no, but they were initially looking at a That's a firearm
• 1:50:30
  charge. Yes Sir.
• 1:50:32
  That's why you can't get around them, because you don't know
• 1:50:36
  what the history of them are. You don't control that.
• 1:50:39
  But certainly you can't get around them.
• 1:50:41
  You can't have possession of them.
• 1:50:42
  Here you are. You got 2 guns, 2 firearms, you
• 1:50:47
  know that we're serious about because you already have an
• 1:50:54
  unlawful carrying over weapon conviction.
• 1:50:59
  So we make a big deal about it anyway, in the event that the
• 1:51:05
  court is considering probation for him, Judge, I would merely
• 1:51:09
  ask that if you're considering that, that it be the deferred
• 1:51:13
  option. So the full range of punishment
• 1:51:15
  is open if he should fail. All right.
• 1:51:20
  Anything else anybody wants to ask?
• 1:51:23
  I just would point out that since the 2008 and 7 convictions
• 1:51:30
  and I believe that no, I wouldn't know and how much how
• 1:51:35
  many convictions I had. He only went to state jail once
• 1:51:40
  in the beliefs. I believe it looks like it was a
• 1:51:42
  plea bargain just to get rid of or combine all but there are
• 1:51:47
  three wrongful acts. But yeah, and there's but
• 1:51:49
  there's three convictions, but he only went once plus the four
• 1:51:53
  other wrongful acts of misdemeanor that he was
• 1:51:56
  convicted. Yeah, but those were back from
• 1:51:59
  2014 was a judge really. That's kind of what did the
• 1:52:04
  great authors say. What's in the past is never
• 1:52:07
  really in the past, 2014. Especially when you have.
• 1:52:11
  Criminal. Records past one.
• 1:52:13
  Especially with criminal records, it's never in the yeah
• 1:52:16
  13 yes Sir. I would ask judge that that you
• 1:52:21
  would consider probation. You put them in the high
• 1:52:27
  caseload supervision caseload and he is employed.
• 1:52:33
  He does have family here see what he does and state's final
• 1:52:43
  response you were asking for what I still think Judge my
• 1:52:48
  position is always going to be when when a felon has a firearm
• 1:52:52
  that we should look at prison time.
• 1:52:54
  That's why why I kept it at that if you're if you're considering
• 1:52:59
  in the probation, I would prefer that it's deferred so that I've
• 1:53:03
  got a full range of punishment whenever he comes back.
• 1:53:06
  If not, then I would suggest that my original offer was four
• 1:53:12
  years. I still think that that's a fair
• 1:53:14
  fair amount of time judge the the one thing you could do is
• 1:53:19
  give him weekends 180 they under the recommendations at as
• 1:53:29
  prepared by the probation office that the court always pays a lot
• 1:53:36
  of attention to because I I respect their their hard work
• 1:53:41
  and their great pride in 93% success rate on probation.
• 1:53:49
  Summary is is the records in his case show that his criminal has
• 1:53:55
  history is deemed extensive and you have that criminal activity
• 1:54:01
  going back 20. I'm sorry 30, almost 30 years
• 1:54:05
  now since 1997 and you you will receive probation on other
• 1:54:13
  occasions those resulted in revocation.
• 1:54:16
  In this case you took minimal responsibility for your actions
• 1:54:20
  stating it was not mine, it was my friends.
• 1:54:23
  He left them in my car and the summary is this the probation
• 1:54:32
  office just did not feel that comfortable with your your lack
• 1:54:39
  of what they just what I can in for us use forthright with us
• 1:54:46
  and right now we have a proliferation of violence
• 1:54:51
  running around this town. This county has finished a trial
• 1:54:55
  yesterday and the jury it wasn't lien though they've had it with
• 1:55:02
  people it's using phones. It's a privilege.
• 1:55:06
  It's a privilege that you have to be proven in your criminal
• 1:55:16
  record to be responsible in using them.
• 1:55:22
  You shouldn't even be near this. You knew it was in there, and
• 1:55:25
  your first your statements were to the police were an attempt to
• 1:55:33
  to be forthright. You can't.
• 1:55:36
  You weren't about to let them look in your trunk.
• 1:55:40
  Because you knew. There was trouble, OK, did
• 1:55:46
  nothing further in this case earlier you pleaded guilty
• 1:55:48
  voluntarily. You were mentally competent to
• 1:55:50
  do so. You understand and appreciate
• 1:55:52
  the consequences of pleading guilty.
• 1:55:54
  So there's sufficient evidence supporting your guilty plea from
• 1:55:57
  State's Exhibit 1 admitted here in your plea hearing earlier to
• 1:56:01
  find you guilty beyond a reasonable doubt.
• 1:56:02
  And I find you guilty beyond a reasonable doubt.
• 1:56:06
  I'm following this agreement. It is whatever sentence shall
• 1:56:09
  not exceed a cap of five years in prison.
• 1:56:11
  But you are hereby find found guilty beyond a reasonable doubt
• 1:56:15
  and you were hereby sentenced to confinement in the Institutional
• 1:56:18
  Division of the Texas Department of Criminal Justice to serve a
• 1:56:21
  term of two years. And you will be given credit for
• 1:56:25
  all time youths served in conjunction with this.
• 1:56:28
  You've been on probation before and you failed and you came
• 1:56:34
  right back and got involved in some things you shouldn't have,
• 1:56:42
  and we are. The. 22nd largest county with
• 1:56:48
  the 16th highest crime rate and most of it is gun use misusage.
• 1:56:54
  This court is going to be to do its quality to try to protect
• 1:56:57
  this community. All you got to do your part to
• 1:56:59
  act responsibly Sir. And you've got a family at home
• 1:57:02
  that relies on you got no business peddling around town in
• 1:57:08
  vehicles with firearms. You need to stay away from
• 1:57:11
  those, especially with your regional history.
• 1:57:15
  It's an automatic felony when you're found in possession of
• 1:57:19
  it. It could be a federal crime too.
• 1:57:22
  Anyway, that's the order of it for.
• 1:57:25
  Thank you. So yeah, I got to push back on
• 1:57:29
  Judge there and he's smart. He should know better.
• 1:57:31
  He just said that that a gun was a privilege.
• 1:57:35
  That is 100% wrong. The right to keep and bear arms,
• 1:57:39
  the right to keep and bear arms shall not be infringed.
• 1:57:42
  Now, it has been established that you can lose your
• 1:57:45
  constitutional rights, value or behavior.
• 1:57:47
  But I don't like the way he stated that owning a gun is not
• 1:57:50
  a privilege in this country. It never has been.
• 1:57:52
  It is a right. You can again.
• 1:57:55
  Yeah, you can cast that right aside by your behavior, but it
• 1:57:59
  is right. I'm just saying.
• 1:58:02
  All right, let's do something new for the channel, at least.
• 1:58:05
  I've been watching this judge backstage for a couple of weeks
• 1:58:08
  now. This is Ingham County, Michigan.
• 1:58:11
  This is Judge Rosemarie Aquilina.
• 1:58:15
  Let's see what's going on there. This is Docket 22395.
• 1:58:44
  FC people in the state of Michigan versus Ethan Deaton,
• 1:58:48
  Counselor appearances for the record.
• 1:58:50
  Good morning, Your Honor. AP Burbucks on behalf of people
• 1:58:52
  State of Michigan. Sir, please raise your right
• 1:58:57
  hand. Do you swear or affirm?
• 1:58:59
  The testimony you're about to provide would be the truth, full
• 1:59:01
  truth and nothing but the truth under penalty of perjury.
• 1:59:04
  Yes, Sir. Thank you.
• 1:59:05
  And put your hand down. Have you had any medication
• 1:59:08
  yesterday or today? No.
• 1:59:09
  No. Are you supposed to be on
• 1:59:10
  medication? You're not on any sign you are.
• 1:59:13
  Yes, ma'am. What is it?
• 1:59:16
  Anything that would interfere in your ability to understand the
• 1:59:19
  court. I don't think so, no.
• 1:59:22
  OK. How long have you been on?
• 1:59:23
  It's like since I got here, I didn't take it today if I'm with
• 1:59:27
  the probation. So about two days, three days.
• 1:59:30
  OK, so how long have you been in?
• 1:59:31
  When were you arrested? Wednesday.
• 1:59:34
  So it's Friday to Wednesday. Did you take the medicine
• 1:59:37
  Wednesday? No, I did not.
• 1:59:38
  OK. So it's three days, OK, And
• 1:59:45
  despite not taking it, you think you're able to understand
• 1:59:48
  things. Any sign of fever, COVID or
• 1:59:50
  other illness? All right, we're going to get
• 1:59:53
  you an attorney. This is an arraignment if you
• 1:59:54
  want one. This is an arraignment violation
• 1:59:58
  that's alleged against you on bond conditions.
• 2:00:02
  I had placed you on probation after you pled guilty to.
• 2:00:11
  Criminal sexual conduct, second degree person under 13,
• 2:00:15
  defendant 17 years or older. It was an attempt.
• 2:00:18
  So instead of it being punishable by 10 years, it was
• 2:00:23
  punishable by five years and there is a second count to that.
• 2:00:27
  So 2 five year felonies. You were placed on probation and
• 2:00:33
  you were not supposed to have contact with any minors and the
• 2:00:46
  allegation. Count 1 reads as follows.
• 2:00:49
  On or about February 20th, 2026, Defendant had contact with a
• 2:00:54
  minor age 17 or under violation of your probation.
• 2:00:59
  You have a right to remain silent.
• 2:01:03
  Anything you say or right can be used against.
• 2:01:05
  You also have a right to an attorney and you can also choose
• 2:01:10
  to represent yourself. There's a presumption of
• 2:01:12
  innocence until proven guilty by preponderance of the evidence,
• 2:01:17
  which means more likely than not once you get into probation it's
• 2:01:20
  not beyond reasonable doubt and you can have the people prove
• 2:01:23
  their case and cross examine any witnesses and evidence they
• 2:01:27
  bring. You also can choose to provide a
• 2:01:29
  defense, but you do not have to. If you choose to testify, then
• 2:01:35
  people could cross examine you if you remain silent.
• 2:01:38
  Yourselves cannot be used against you in any way.
• 2:01:40
  If there's witnesses and evidence you wish to present,
• 2:01:42
  you may. The witnesses, however, would be
• 2:01:47
  subject to cross examination by people.
• 2:01:50
  Do you understand your rights? All right, So would you like me
• 2:01:55
  to appoint you an attorney? All right.
• 2:01:58
  And Sir, we'll make that happen and set this for a hearing.
• 2:02:03
  And at this point, we'll just plead not guilty.
• 2:02:07
  I know you're keep looking back there.
• 2:02:08
  Who are you looking back at? OK, I'm sorry.
• 2:02:13
  OK. That's OK.
• 2:02:14
  So they're here. And I know your mom earlier on
• 2:02:18
  the record said that you didn't have an attorney.
• 2:02:20
  I said we take care of that. So we're going to appoint you a
• 2:02:22
  public defender. Is that OK?
• 2:02:23
  OK. And let me see you previously
• 2:02:27
  had Scott Grable, but I don't was he he was retained.
• 2:02:31
  Yeah, he retired. OK.
• 2:02:33
  So we can appoint you one at county expense.
• 2:02:36
  However, if you wish to retain an attorney, just let us know
• 2:02:40
  and that's OK. All right.
• 2:02:45
  So did you say you had some time?
• 2:02:51
  Was that next Wednesday or I don't know?
• 2:02:54
  April 8th. April 8th What time?
• 2:02:58
  1. All right, April 8th at 1:00,
• 2:03:01
  we're going to set this for a contested probation violation.
• 2:03:13
  So, Sir, do you still live on Old Ivy Lane?
• 2:03:17
  Yes, Sir. And who do you live with?
• 2:03:19
  My mom. My dad?
• 2:03:20
  OK, who else is in the house? Just a cat.
• 2:03:23
  OK, and how old is your girlfriend?
• 2:03:27
  22. She's shaking her head yes, OK,
• 2:03:32
  and I don't. Does she have any children?
• 2:03:37
  Yes. OK.
• 2:03:39
  Well, Sir, you can't be around her child.
• 2:03:43
  OK, So that that's a no, no way. No how?
• 2:03:49
  Unless you get permission. And then she would have to be
• 2:03:51
  there 100% of the time. Like she couldn't even go to the
• 2:03:53
  bathroom without and leave you with the child, whatever that
• 2:03:57
  is. So are you working?
• 2:04:03
  Yes, I'm doing Instacart OK can I?
• 2:04:09
  Ask one thing. Yeah, like if she thinks a
• 2:04:12
  chaperoning. Class.
• 2:04:13
  How would that? What do you mean AI don't know
• 2:04:17
  of any chaperoning class. The probation officer that I had
• 2:04:22
  before chance that I transferred over to, they said that whoever
• 2:04:27
  like family wise or something like that could take a chaperone
• 2:04:29
  class which I could be around their kids and salvage as long
• 2:04:34
  as they're in person. There, Hey, you can't be around
• 2:04:36
  anybody, anytime, any who's minor unless I say so.
• 2:04:40
  So I don't know about the chaperone class.
• 2:04:42
  I'm happy to learn about it, but it's not just you take the class
• 2:04:46
  and then you're free to do what you want.
• 2:04:48
  We have. No, that's OK.
• 2:04:50
  You don't know about it. I just need you to understand
• 2:04:53
  that I'm your other mother now. Your mother's here, but I'm your
• 2:04:55
  other mother. Think about it like that.
• 2:04:58
  But my powers are different than your mother, OK?
• 2:05:01
  I can send you to jail. I can revoke and send you to
• 2:05:04
  prison. So I need you to follow 100%.
• 2:05:06
  So if probation agent thinks that's a good idea and I sign
• 2:05:10
  the orders and everybody's in approval, that's fine.
• 2:05:15
  OK, so check it out with probation and then have them get
• 2:05:21
  me some information and and we'll talk about it, OK, But
• 2:05:25
  meanwhile, don't take matters in your own hands 'cause you end up
• 2:05:27
  in that jumpsuit and not working.
• 2:06:22
  None. So the meds you're taking, are
• 2:07:35
  they for ADHD? Bipolar.
• 2:07:37
  OK. Are you still taking any ADHD
• 2:07:46
  meds or no? No, ma'am.
• 2:08:48
  All right, Sir, I'm giving you a $50,000 PR bond.
• 2:08:52
  You'll follow all probation orders.
• 2:08:54
  You'll remain employed. If you don't have that job, you
• 2:08:58
  you'll be part of a work seek program, hopefully to get that
• 2:09:00
  back. And you will not have any
• 2:09:04
  contact with any minor under 18 years, so 17 and under no,
• 2:09:08
  without permission of the court and supervision of the minor by
• 2:09:12
  the parent or guardian at all times.
• 2:09:15
  You'll continue to take all your meds and follow the prescribed
• 2:09:19
  recommendations of treating physicians.
• 2:09:23
  I think we've addressed, I looked at your probation orders.
• 2:09:26
  I think we've addressed everything else, including
• 2:09:28
  these. Some of them are repeated, but I
• 2:09:30
  wanted to make sure you understood.
• 2:09:39
  Anything else I need to address? Any questions?
• 2:09:45
  If I get on a bond. Does that mean I?
• 2:09:47
  Continue my probation to my probation officer.
• 2:09:49
  Yes. So you'll be released today,
• 2:09:52
  report to do you know when you're pro next meeting with
• 2:09:55
  probation. Everybody's no need to sign in
• 2:10:06
  order to do whatever, or they need to whatever.
• 2:10:09
  It is, but it's. I mean, you've been on probation
• 2:10:18
  for a couple years now. You got to know the rules.
• 2:10:22
  I just didn't know how. That worked with the class.
• 2:10:24
  Thing that's why you have a probation agent and then the
• 2:10:28
  probation agent contacts me. If you're having a problem with
• 2:10:31
  your probation agent, let me know or let your attorney.
• 2:10:36
  Know sometimes get in contact with her it's kind of hard like
• 2:10:39
  text or call her should. Not be hard.
• 2:10:42
  So if that's a problem then you need to let me know.
• 2:10:45
  OK, so problem with probation agent.
• 2:10:48
  Let me know or let your attorney.
• 2:10:50
  No, but I will take care of that immediately.
• 2:10:54
  Mom, you're raising your hand. Please.
• 2:10:57
  You need to come. Forward.
• 2:10:58
  Can I just, you cannot say anything or I'm going to put you
• 2:11:01
  in lock up. You've already, I've already had
• 2:11:02
  some conversations with you. I need you to come forward so
• 2:11:05
  you I can talk to you. There's a protocol here.
• 2:11:08
  I need you to follow it. So please come forward and stand
• 2:11:10
  next to your son. Just raise your right hand.
• 2:11:16
  Do you swear or affirm? The testimony you're about to
• 2:11:19
  provide will be the truth, whole truth, and nothing but the truth
• 2:11:22
  under penalty of perjury. I do, thank you.
• 2:11:23
  Can you put? Your hand down.
• 2:11:24
  Please state and spell your name for the record.
• 2:11:27
  Bonnie Leestone, Bonn i.e. L EE SQNE.
• 2:11:31
  All right, see everybody who speaks, we have to make a record
• 2:11:35
  of this is where your son's, if he wants to appeal any of this.
• 2:11:40
  We can't just have people shouting out things or raising
• 2:11:42
  their hands. I have to follow a photo
• 2:11:45
  protocol. That's why I'm trying to tell
• 2:11:46
  you. I'm not trying to be mean to
• 2:11:47
  you. But without that, we have a
• 2:11:49
  transcript that is very sloppy, don't know who's talking.
• 2:11:53
  And the Court of Appeals is going to hammer us both.
• 2:11:55
  OK. OK, So what is it you'd like me
• 2:11:58
  to know? I just wanted to ask, OK, He
• 2:12:01
  didn't realize Beth, Jance and Jessica.
• 2:12:06
  Pride. Wait a minute.
• 2:12:07
  I mean, ma'am, wait a minute. If you're going to talk about
• 2:12:10
  the case, you need to talk about it with the prosecutor and with
• 2:12:14
  his attorney. No, I just want to ask.
• 2:12:16
  You about the. Class that's when I they got a
• 2:12:19
  hold of whoever for him to take the class to be around my
• 2:12:21
  grandchildren and a friend of. His children, OK.
• 2:12:26
  So that's why he just had his girlfriend go take the class?
• 2:12:31
  He should have asked the probation officer.
• 2:12:34
  Yes, but she does have the paperwork.
• 2:12:37
  I don't really give a crap, man. Because.
• 2:12:39
  You know what the probation agent is telling him to take
• 2:12:42
  classes I know nothing about and ultimately the probation agent
• 2:12:47
  cannot say. He can have.
• 2:12:49
  Contact unless I say so. So when when all of that put
• 2:12:53
  together, please tell your probation agent to give me the
• 2:12:56
  information. And I do allow contact all the
• 2:13:00
  time. I'm not trying to be a hard ass
• 2:13:02
  here, Sir, but here's what's going to happen.
• 2:13:04
  See all this one enforcement, you're going to have quadruple
• 2:13:08
  that if they find you with a child, Okay, So it has to be
• 2:13:13
  documented under what conditions they need to be approved by me
• 2:13:18
  and we need to do everything right.
• 2:13:19
  And that's going to be your life pattern now till we get through
• 2:13:22
  all this. So I understand what you're
• 2:13:26
  saying, ma'am. And I know the probation agent
• 2:13:28
  believes whatever and, and that's a great foundation, but
• 2:13:32
  it can't happen until I'm informed and I order it because
• 2:13:34
  without that the the law enforcement is going to stop.
• 2:13:38
  His. Vehicle and say you're with a
• 2:13:40
  child, we're going. I'm arresting you now because
• 2:13:44
  the probation agent is not the judge.
• 2:13:47
  They are there to help and that sounds like a great help, but I
• 2:13:52
  need an order that says that and he'll need to carry it with him.
• 2:13:57
  Does that make sense? And I think all I'm trying to
• 2:14:00
  ask you is if it would be OK. It's OK once I'm informed and an
• 2:14:09
  order is signed. Right now I know nothing except
• 2:14:12
  what you all have asserted I need to sign.
• 2:14:14
  See, like right now, you're going to get an order here that
• 2:14:17
  we're all going to file. So like me swearing you today,
• 2:14:22
  ma'am, everything in law, it's a lot of paperwork, a lot of
• 2:14:26
  rules. And if they're not followed, the
• 2:14:30
  one that's in jeopardy is that me or you?
• 2:14:32
  It's him. Law enforcement needs to know if
• 2:14:35
  he's followed all the orders or he gets rearrested and
• 2:14:38
  rearrested. Waste of everybody's time in
• 2:14:41
  taxpayers money. So we're going to do it by the
• 2:14:44
  book and then he'll get what he wants as long as there's proper
• 2:14:51
  supervision. And I'm glad there's classes.
• 2:14:53
  I was not aware of that. So I'm glad for the education
• 2:14:56
  today. But we've got to follow the rest
• 2:14:58
  of the dots and then I will sign it, OK?
• 2:15:00
  OK, Pretty much covers everybody, my side, your guys's
• 2:15:04
  side, everybody so. Yep, we got to cover everything.
• 2:15:07
  OK, Sir. So you get whatever information
• 2:15:10
  from that class, have your probation agent contact me, get
• 2:15:13
  a copy of whoever, whoever are the supervisors, that they've
• 2:15:17
  taken the class and we'll do an order and we'll get it taken
• 2:15:20
  care of. OK.
• 2:15:22
  Any questions? Does that answer your questions,
• 2:15:25
  ma'am? Yes, ma'am.
• 2:15:26
  Thank you. OK.
• 2:15:27
  I, I just, I worry about people telling me things because it's
• 2:15:31
  not in an order, which means it doesn't exist in the legal
• 2:15:34
  world. I understand he just he went.
• 2:15:37
  About it the wrong way this time he didn't understand.
• 2:15:40
  I know I'm trying to explain it the right way, OK.
• 2:15:43
  Do you have any questions that I can answer?
• 2:15:45
  No, ma'am. OK, we're going to get you a
• 2:15:46
  copy of this. Would you make a copy for mom or
• 2:15:48
  Grandma 2 or Mom, whatever? All right.
• 2:15:53
  Thank you. We'll see you.
• 2:15:54
  You'll be released. You can pick them up in Mason.
• 2:15:57
  And then you follow all the rules and copies in the moment.
• 2:16:01
  OK? Yes, ma'am.
• 2:16:05
  OK, friends, we'll continue to ride with this court for a
• 2:16:08
  little while since you guys seem to be enjoying it, judging from
• 2:16:11
  the feedback I'm seeing in the chat.
• 2:16:13
  But yeah, this is a judge who's a little bit of a hidden gem,
• 2:16:16
  but This is why you stick with us here at TCF.
• 2:16:19
  We try new things, we try out new judges.
• 2:16:22
  We look around. Yeah, we've got our favorites
• 2:16:24
  that we go to because of course we do, because there are people
• 2:16:28
  that we love. But it's, it's the moving around
• 2:16:32
  that finds us new things. And she's a, she's a hidden gem.
• 2:16:35
  There's not, she doesn't have a lot of subscribers.
• 2:16:38
  She doesn't get a lot of views, but she's great.
• 2:16:40
  Like I said, I've been watching her for a couple of weeks behind
• 2:16:42
  the scenes, just kind of getting a feel.
• 2:16:44
  So we'll stick here. Just an FYI though, about this
• 2:16:49
  judge. She is not somebody who would be
• 2:16:51
  in our daily rotation because she does not stream daily.
• 2:16:55
  There can be some significant gaps in her calendar.
• 2:16:58
  But when she's available, we'll certainly give it a look.
• 2:17:00
  All right, back to court. So this is going to be a place.
• 2:17:34
  Yes. Sir.
• 2:18:45
  All right, this is Docket 251695 FH 251699 FH 254883 FH 251697 FH
• 2:19:07
  People State of Michigan versus Lucas, Lorenzo and Tavia
• 2:19:11
  Council, your appearance for the record.
• 2:19:13
  Good. Morning, Your Honor.
• 2:19:14
  AP Burbucks on behalf of the people, State of Michigan.
• 2:19:17
  And just for clarification, there is also 25-1701 FH.
• 2:19:27
  Good morning, owner Dustin Principle.
• 2:19:29
  Lucas Tabia. Is here to my right?
• 2:19:31
  Thank you. All right, I.
• 2:19:37
  Do have that file but I do not have it was.
• 2:19:40
  Just. Didn't make it on the docket, so
• 2:19:41
  I've added it. All right, Sir, please raise
• 2:19:44
  your right hand. Do you swear or affirm the
• 2:19:46
  testimony you're about to provide the truth, Hold the
• 2:19:49
  truth and nothing but the truth and the penalty of purge.
• 2:19:51
  Yes. Thank you.
• 2:19:52
  Put your hand down Sir, when you're not in lock up.
• 2:19:55
  Do you live on Pinehurst? Do you have?
• 2:20:00
  An address No. He's.
• 2:20:02
  Currently serving a 45 month sentence for the Department of
• 2:20:05
  Corrections order. I see.
• 2:20:06
  OK. Thank you very much.
• 2:20:14
  All right. And have you taken any
• 2:20:16
  medication yesterday or today? No.
• 2:20:18
  Are you supposed to be on medication you're not on?
• 2:20:21
  And have you had an opportunity to speak with your attorney?
• 2:20:25
  All right. And I understand there's going
• 2:20:28
  to be a plea today, is that correct?
• 2:20:29
  And you understand you're waiting your right to avenge
• 2:20:32
  trial and jury trial by pleading.
• 2:20:35
  All right. And are you AUS citizen?
• 2:20:38
  At. The time of the that you're
• 2:20:42
  pleading to rerun probation, parole, or bond conditions on
• 2:20:47
  other files. Yeah.
• 2:20:51
  It might have been used on bond on these other files.
• 2:20:58
  OK, so have those been dealt with or will he end up facing?
• 2:21:02
  The reason I ask, Sir, is you could possibly face other
• 2:21:06
  penalties because you would have violated bond or probation or
• 2:21:09
  parole. So we you need to be aware of
• 2:21:11
  all of the possible penalties. So I don't know, have those
• 2:21:15
  cases been taken care? Of you know, he, I think at the
• 2:21:18
  time he was on probation of Oakland County.
• 2:21:21
  That case is enclosed out. OK.
• 2:21:25
  So. So we don't anticipate any other
• 2:21:27
  punishment. Let me just say if it was on
• 2:21:30
  mine, I'll just we won't address those because we're addressing
• 2:21:33
  this as a global resolution. I understand.
• 2:21:35
  That's right, OK. And there's no, there was
• 2:21:38
  nothing else pending that we are aware, aware.
• 2:21:42
  You know there there have been a number of cases I'll get into
• 2:21:44
  this more my allocution. But.
• 2:21:48
  I. I think the only thing he was
• 2:21:52
  under supervision for at the time.
• 2:21:56
  On probation. Of Oakland County that's been
• 2:21:58
  dealt with it probably on bond. Genesee County, I think in those
• 2:22:02
  those cases have been dealt with as well.
• 2:22:04
  OK, appreciate that. Thank you.
• 2:22:05
  All right. Have the people.
• 2:22:13
  What is the? Yes, you are.
• 2:22:16
  As you would say, there will be a global resolution in this
• 2:22:18
  matter. The defendant in this case will
• 2:22:21
  be pleading to two of these files.
• 2:22:24
  In 25-4883-FH, the defendant will be pleading to an added
• 2:22:29
  Count 2, Retail Fraud in the second degree.
• 2:22:33
  As a result of that plea, Counts 1, the retail fraud in the first
• 2:22:37
  degree will be dismissed. In 25-1699-FH.
• 2:22:44
  The defendant will also be pleading to an added Count 2 of
• 2:22:47
  Retail Fraud in the Second degree after successful plea and
• 2:22:51
  sentencing. Count 1, Retail Fraud in the
• 2:22:53
  First degree and the Habitual Offender Expected status will be
• 2:22:57
  dismissed. Additionally,
• 2:22:59
  25-1701-FH25-1697-FH and 25-1695 FH will be dismissed in their
• 2:23:11
  entirety as successful plea and sentencing on the other two
• 2:23:14
  matters. What?
• 2:23:14
  About, I'm sorry, 25170 is that also being dispensed?
• 2:23:19
  Correct. Your Honor, there was also an
• 2:23:25
  agreement to immediate sentencing on this case, Your
• 2:23:27
  Honor, and that the defendant agrees to a restitution amount
• 2:23:32
  to $688.00 to Kohl's, $1999.96 to Target and $4111.98 to Home
• 2:23:43
  Depot. That is the amount of the
• 2:23:45
  restitution on all five of these files.
• 2:24:10
  Full, fair, accurate and complete.
• 2:24:13
  Yes, Sir. Sir, Full, fair, accurate and
• 2:24:15
  complete. Yes.
• 2:24:17
  And Councillor, you're weaving reading count 1 on 254883 FH,
• 2:24:23
  count 1 individual second on 251699 FH, as well as the entire
• 2:24:30
  files of 251701 FH, 251697 FH and 251695 FH and 25170 FH as to
• 2:24:44
  the reading of the felony information on the 2 files.
• 2:24:47
  Yeah, sure. The people of State of Michigan
• 2:24:49
  versus Lucas Lorenzo Tapio, State of Michigan, County of
• 2:24:53
  India with the name of the people of State of Michigan.
• 2:24:55
  The prosecuting attorney for this county appears before the
• 2:24:57
  court and informs a court that on the date, not the location
• 2:25:00
  described below, the defendant and added count to Retail Fraud,
• 2:25:05
  Second Degree. On or about December 7th, 2020
• 2:25:08
  seven 2024, at 1710 Newman Rd. Oakland, Michigan 48864, Bingham
• 2:25:17
  County, State of Michigan. The defendant in a store or in
• 2:25:22
  its immediate vicinity, did, while Kohl's open to the public,
• 2:25:25
  alter, transfer, remove and replace concealer.
• 2:25:28
  Otherwise, misrepresent the price at which the property was
• 2:25:32
  offered for sale with the intent not to pay for the property or
• 2:25:36
  to pay less than the price at which the property was offered
• 2:25:38
  for sale, with the resulting difference in price being 200 or
• 2:25:43
  more but less than 1000 $1000. Contrary to statute, this is a
• 2:25:47
  misdemeanor that's possible up to one year and or $2000 or
• 2:25:50
  three times the value of the difference in price property
• 2:25:53
  stolen or money or property obtained or attempts to be
• 2:25:56
  obtained, whichever is greater. Per case law, for the court to
• 2:26:02
  impose any price increased fines such as three times the value or
• 2:26:05
  a fine miscalculated based on the number of incidents or
• 2:26:08
  length of time of the violation. The value slash incident slash
• 2:26:12
  duration must be determined either by the trial effect or
• 2:26:15
  admitted by the defendant for a second or subsequent offense.
• 2:26:19
  Under MCL 750.356. D The court may order
• 2:26:23
  reimbursement to state or local government for expenses incurred
• 2:26:26
  in relation to the incident, including but not limited to
• 2:26:30
  expenses for emergency response and prosecution per statute and
• 2:26:35
  against a piece of AV in the State of Michigan that is
• 2:26:39
  25-4883-FH in 25-1699-SH. People of the State of Michigan
• 2:26:49
  versus Lucas Lorenzo Tavia, State of Michigan, County of
• 2:26:52
  venue in the name of the people of the State of Michigan.
• 2:26:55
  The Prosecuting attorney for this county appeared before the
• 2:26:57
  court and informs the court that on the date that the location is
• 2:27:00
  right below the defendant and count to Retail Fraud Second
• 2:27:04
  Degree on or about January 11th, 2024, at 4890 Marsh Rd.
• 2:27:11
  Meridian Township, Ingham County, State of Michigan, the
• 2:27:14
  defendant did in a store or in its immediate vicinity did while
• 2:27:19
  Target was open to the public. Walter, Transfer, remove and
• 2:27:23
  replace, conceal or otherwise misrepresent the price at which
• 2:27:27
  property was offered for sale with the intent not to pay for
• 2:27:30
  the property or to pay less than the price at which the property
• 2:27:34
  was off for sale, with the resulting difference in price
• 2:27:37
  being 200 or more with less than $1000.
• 2:27:40
  Contrary to statute, this is a misdemeanor punishment up to one
• 2:27:43
  year and or $2000 or three times the value of the difference in
• 2:27:47
  price, property sold, or money or property obtained or
• 2:27:51
  attempted to be obtained, whichever is greater per case
• 2:27:53
  law, for the court to impose the increased fine, such as three
• 2:27:57
  times the value for a fine that is calculated based on the
• 2:28:00
  number of incidents or length of time in the violation.
• 2:28:03
  The value slash incident slash duration must either be
• 2:28:06
  determined by the Trier effect or admitted by the defendant for
• 2:28:09
  a second or subsequent offense. Under MCL 750.356.
• 2:28:13
  D The court might order reimbursement to state or local
• 2:28:16
  government for expenses incurred in relation to the incident,
• 2:28:19
  including but not limited to, expenses for emergency response
• 2:28:23
  and prosecution and against a piece of dignity of the State of
• 2:28:26
  Michigan. Sir, did you understand what was
• 2:28:29
  just read? So you understand in both town
• 2:28:33
  in both files there you'll be pleading to the misdemeanor
• 2:28:38
  retail fraud 2nd and that's a one year misdemeanor and or
• 2:28:44
  $2000 along with restitution and you are owed or you must pay
• 2:28:48
  restitution on all files and it looks like you agreed to the
• 2:28:52
  amounts and that's to Kohl's, Target and Home Depot.
• 2:28:58
  The prosecutor read the amount of your agreement all right and
• 2:29:06
  were this is a victim of rights. Technically usually the stores
• 2:29:10
  don't show up, but you complied with the.
• 2:29:13
  Victim rights. Yes, you're.
• 2:29:15
  All right. Thank you.
• 2:29:18
  And Sir, it looks like you signed the advice of rights
• 2:29:20
  form. Did you read it before you
• 2:29:21
  signed it? Yes.
• 2:29:23
  Did you understand what you read?
• 2:29:25
  Yes. And any questions about your
• 2:29:28
  rights you were able to ask those of your attorney?
• 2:29:31
  Yes. Do you have any questions about
• 2:29:33
  your rights of this court? No.
• 2:29:41
  Sir, as to count to retail fraud second degree in docket. 254883
• 2:29:57
  Penny plead. Guilty.
• 2:30:00
  And as to retail fraud, second degree in Docket 251699 FH Penny
• 2:30:06
  plead. Guilty.
• 2:30:08
  You understand that if someone forced, threatened to coerce
• 2:30:13
  you, promised you something in order for you to plead other
• 2:30:17
  than the plea agreement, you need to tell me that now,
• 2:30:19
  because if you come back later and say judges shouldn't have
• 2:30:21
  planned, they don't have to allow you to withdraw your plea.
• 2:30:24
  Do you understand that? You pled on your own free will
• 2:30:28
  and you did that to both files. You pled on your own free will
• 2:30:32
  after you discussed everything with your attorney and you've
• 2:30:36
  been satisfied with the representation of your attorney.
• 2:30:40
  And you understand, as I said earlier, you're giving up your
• 2:30:43
  right to avenge your jury trial, but you're also giving up your
• 2:30:45
  right to a presumption of innocence, to the ability to
• 2:30:49
  cross examine witnesses and evidence, to choose to provide a
• 2:30:51
  defense, to have an automatic right of appeal.
• 2:30:55
  Now, you would have to ask permission of the Court of
• 2:30:57
  Appeals to appeal. And they're only going to take
• 2:31:00
  your case if they think your issues are reporting to
• 2:31:02
  understand offense. Yes.
• 2:31:04
  Has anyone told you, other than the restitution which you've all
• 2:31:07
  agreed to, what I will do? It's not the same.
• 2:31:10
  Yes. They have.
• 2:31:13
  Well, is that a trick question? OK.
• 2:31:16
  Did anyone other than the plea agreement, did they tell you
• 2:31:18
  what I will do a sentencing? Do a.
• 2:31:22
  Sentencing. Yeah.
• 2:31:22
  How will I? They tell you how I will
• 2:31:24
  sentence you what? I'll do a sentencing.
• 2:31:26
  What terms of of the sentence will be?
• 2:31:30
  No. That's the right answer because
• 2:31:35
  I'm not fully informed. I'll learn some more now, and
• 2:31:38
  your attorney will talk to me and show the prosecutor, and
• 2:31:40
  then I'll make up my mind what happens.
• 2:31:42
  You understand? OK.
• 2:31:44
  Or yes. OK.
• 2:31:51
  Turning to the 254883 of H File, did this offense occur on or
• 2:31:59
  about December 27th, 2024 in the Township of Meridian, County of
• 2:32:06
  Ingham, State of Michigan, at a specific location known as 1710
• 2:32:12
  Newman Rd. in Okemos? The Coles store, You entered it
• 2:32:17
  when it was open for business and you took items that did not
• 2:32:22
  belong to you and you had no intention of paying for them?
• 2:32:27
  And were those items offered at a price?
• 2:32:34
  Of and I. Don't remember for the Miss
• 2:32:36
  community what it is. Is it $200?
• 2:32:38
  Two? 101,000.
• 2:32:39
  Dollars. $202,000 two or more. What were the items you
• 2:32:45
  remember? You're OK Show them the blue
• 2:32:51
  work, you know, clothes, bunch of clothes and shoes.
• 2:32:57
  OK. And were they returned in a
• 2:33:00
  saleable condition or did you get away with it?
• 2:33:04
  I didn't return them you. Didn't return them OK on behalf
• 2:33:10
  of the people. I'll be more satisfied with
• 2:33:14
  regards to that file. I'm satisfied here.
• 2:33:19
  Turning now to dock at 251699 FH.
• 2:33:24
  Did this offense occur in the Township of Meridian, County of
• 2:33:27
  AMC, Michigan? Yeah.
• 2:33:31
  As specific location known as 4890 Marsh Rd.
• 2:33:39
  In the Township of Meridian and it's the target.
• 2:33:43
  And that's. One on March Rd.
• 2:33:45
  All right. Yes.
• 2:33:47
  Is that a yes. And that was on or about January
• 2:33:50
  11th, 2024. Again, you entered it with the
• 2:33:54
  intention to take things it didn't belong to and you had no
• 2:33:58
  intention of paying for them, is that correct?
• 2:34:02
  And were they offered for a sale price of $20 or more or less
• 2:34:07
  than 1000? And what did you take?
• 2:34:13
  It was vacuums. Vacuums.
• 2:34:16
  And did you leave the store with those?
• 2:34:19
  I did. So they were not returned and so
• 2:34:24
  you understand that that's the reason for the restitution.
• 2:34:28
  So yes, OK. And you would also agree,
• 2:34:36
  although you're not pleading to this, that you took items from
• 2:34:39
  Home Depot that were now returned as well?
• 2:34:41
  Yes. So I have the Kohl's amount and
• 2:34:44
  $688.00. You agreed to that?
• 2:34:47
  Yes. I have the target amount of
• 2:34:49
  $1999.96. You're agreed to that?
• 2:34:53
  Yes. And you agreed to $4111.98 at
• 2:34:58
  Home Depot, Yes. All right, I'm going to have.
• 2:35:08
  People, any additional questions?
• 2:35:10
  What people are satisfied? I'm.
• 2:35:12
  Satisfied Are Council aware of promises,
• 2:35:25
  threats or induces other than those already placed on the
• 2:35:28
  record? No, you don't.
• 2:35:31
  Does the court comply with the courtroom?
• 2:35:32
  You have your. I find dependence plea has been
• 2:35:36
  pretty voluntarily, knowingly and understanding the influence
• 2:35:39
  threats coersion premises of leaning C and each file.
• 2:35:43
  I also find 9 trial are sufficient grounds to accept
• 2:35:47
  dependence plea. Therefore, count one will enter
• 2:35:51
  on docket 251699 FH and. Sorry, your Honor, was that
• 2:35:59
  count? I'm sorry.
• 2:36:00
  Yeah, I was just looking at that.
• 2:36:01
  Sorry. Count 2 will enter on Docket
• 2:36:04
  251699 FH. Count 1, along with the Visual
• 2:36:09
  Second Offender notices hereby dismissed and a Docket 254883
• 2:36:17
  FH. Count 2 will enter.
• 2:36:19
  Count 1 is hereby dismissed in their entirety.
• 2:36:22
  Docket 251701-FH251697-FH251695. FH and 125170 FH are dismissed
• 2:36:39
  in their entireties. However, the restitution as
• 2:36:43
  indicated will remain under these open files and if there
• 2:36:49
  are any outstanding warrants on any of these files, those are
• 2:36:55
  hereby recalled and dismissed. I don't know if any campground
• 2:37:00
  received at the time, but if there was any.
• 2:37:05
  That is. Also.
• 2:37:06
  Orbited your sentencing. Date your.
• 2:37:11
  Honor, we are agreeing to immediate.
• 2:37:13
  Sentencing. I forgot.
• 2:37:14
  All right, Sorry. All right.
• 2:37:19
  You agree with that, Sir? Yes.
• 2:37:21
  Counsel. Your Honor, Lucas is probably.
• 2:37:25
  Going a little tired to me. Telling the story the same way
• 2:37:29
  over and over, but. I've known Lucas.
• 2:37:32
  For a little over a year now, we first met shortly after he was
• 2:37:37
  caught on this Kohl's offense while he was residing at the
• 2:37:41
  Eaton County Jail. I've represented Lucas in
• 2:37:47
  Lenawee County, Jackson County, Tennessee County, Eaton County,
• 2:37:50
  Ingham County, Oakland County. We also have a McComb County
• 2:37:54
  case outstanding. There's a common thread that
• 2:37:57
  unites all of these cases, and I'm sure the court could venture
• 2:38:00
  a guess as to what that is. And that's addiction More than
• 2:38:05
  that. He.
• 2:38:09
  And I won't name any names but Lucas not to.
• 2:38:14
  I'm not trying to remove him from his responsibility and all
• 2:38:18
  this, but he he was more or less a pawn in a greater retail fraud
• 2:38:23
  scheme, one that's being prosecuted by the attorney
• 2:38:26
  general over in Eaton County. The that the kingpin of that is
• 2:38:31
  currently on the Lam. But his sort of mode of
• 2:38:36
  operating was to recruit people like Lucas who are addicted to
• 2:38:40
  drugs, have them go do the actual stealing.
• 2:38:43
  And then he would not even pay them in cash.
• 2:38:46
  You would take them straight to a flop house where they can get
• 2:38:49
  high and you know Lucas is responsible.
• 2:38:53
  For his part in all. This, but that's that's what
• 2:38:59
  this is all about, is it? It's addiction.
• 2:39:01
  And you know, when I first got to know Lucas a little over a
• 2:39:05
  year ago, he was maybe a month removed from the last time he'd
• 2:39:10
  gotten high. And now he's 14 plus months
• 2:39:17
  clean. December of 2025.
• 2:39:25
  So. This is a world of difference
• 2:39:28
  and he's a different person. The person who stands before
• 2:39:31
  this court today is thoughtful, kind, caring, actually has a
• 2:39:41
  history of being incredible entrepreneur.
• 2:39:44
  He's built a couple businesses successfully, but it's, you
• 2:39:48
  know, when addiction gets in the way, that's when that's when
• 2:39:54
  he's here. He's currently serving.
• 2:39:57
  As I indicated earlier, he's about 14 or so months into a 45
• 2:40:01
  month sentence of. Eaton.
• 2:40:02
  County as much. It was actually almost identical
• 2:40:06
  to the 1699 FH case. Here he went into the Target on
• 2:40:12
  the West side, stole some vacuums at a Target employee,
• 2:40:17
  confronted him and in trying to get away.
• 2:40:20
  From him from. Her made physical contact, kind
• 2:40:25
  of pushed her into the door jam I think it was, and she got a
• 2:40:28
  small laceration. So that retail fraud turned into
• 2:40:31
  an unarmed robbery. That's why he's serving a 45
• 2:40:33
  month sentence. In Eaton County.
• 2:40:38
  We're asking that this court, so just consolidate these matters
• 2:40:41
  into that sentence. I'm asking for no further time.
• 2:40:45
  Obviously there's some financial implications here.
• 2:40:48
  The restitution that's been agreed to the.
• 2:40:50
  Fines and costs that the. Court can't waive.
• 2:40:52
  But we're asking. What's the, do you have the
• 2:40:56
  docket number of the file, the serving under and then I'll,
• 2:41:02
  I'll allow you to speak. We did it a little bit reverse.
• 2:41:04
  I wanted to hear it there. And I do have those case numbers
• 2:41:07
  right here, Your Honor. Do you have what he's serving
• 2:41:09
  under? Yeah.
• 2:41:10
  Yes, he is serving under. It is
• 2:41:12
  25-20021FH25-20024FH25-200323FH25-20022FH and 25-20020.
• 2:41:33
  FH. So yes, there.
• 2:41:38
  Are a number. Of files.
• 2:41:39
  In the county, it was the target incident that was the most
• 2:41:42
  serious, which is. Out there.
• 2:41:47
  OK, thank you on behalf of the people.
• 2:41:53
  I kind of figured it so usually go in the order of you and then
• 2:41:58
  defense, but I wondered about the.
• 2:42:03
  How? He got all these things out and
• 2:42:06
  figured there were some Co defendants.
• 2:42:07
  So my question for you now is what would you like me to know?
• 2:42:11
  And then where are we with any Co defendants?
• 2:42:13
  Because technically what I'm going to order is the
• 2:42:16
  restitution, but joint in several.
• 2:42:18
  I don't know that they've been charged or where they are, but
• 2:42:21
  it would be joint in several once they are.
• 2:42:25
  Sorry guys, I want to pause for just a minute because this is
• 2:42:28
  going to keep going. But I wanted to let you know I
• 2:42:30
  have eyes on Judge Simpson's court because they're they're
• 2:42:34
  gearing up for an evidentiary hearing for the Sharon Moore
• 2:42:39
  case. Sharon Moore being the former
• 2:42:41
  University of Michigan football coach who was fired for
• 2:42:45
  allegedly having an affair with a staffer and then allegedly
• 2:42:49
  later showed up that day at the staffers home with a knife,
• 2:42:53
  threatening to hurt himself and all sorts of stuff.
• 2:42:57
  So I want to go to that when it goes live.
• 2:43:02
  And I just want to make you aware because if this keeps
• 2:43:04
  going, I might leave it to go there because this is the kind
• 2:43:07
  of hearing that Judge Simpson is probably going to kill just as
• 2:43:11
  soon as it's done. So I want to capture it.
• 2:43:13
  Just an FYI, But let's let's get back to this one.
• 2:43:17
  So I will say, your Honor, the only case that I see Co
• 2:43:22
  defendant on, I have to apologize.
• 2:43:24
  I'm taking this over for a prosecutor Matuska last minute.
• 2:43:28
  I'm seeing a Joshua day on 25-1695.
• 2:43:33
  I'm not seeing any Co. Defendants on other.
• 2:43:35
  Cases in regards to that one, I believe that's the one in Home
• 2:43:40
  Depot matters. It looks as if Mr. Day has
• 2:43:43
  already pled guilty on that matter.
• 2:43:46
  Did was he one of mine? Yes, he was your.
• 2:43:50
  Honor. All right, Well, do you have
• 2:43:52
  that file number? I do it is 25-355 FH.
• 2:43:57
  All right. Well, I don't know if I ordered
• 2:44:00
  restitution on that or not or not, but I.
• 2:44:03
  Can. Look, Your Honor, we need to
• 2:44:05
  amend it to be joint and several between them.
• 2:44:08
  I do see restitution was ordered, Your Honor, in that
• 2:44:12
  file. Was that the same amount as what
• 2:44:16
  we have here? Let me look.
• 2:44:18
  Here, I mean, in fairness to both, if he did something
• 2:44:20
  different, that's on him. But if this was.
• 2:44:24
  And I do see a global in that case.
• 2:44:26
  So I believe that Mister Day also had a multitude of cases
• 2:44:30
  that had restitution on them. But let me, let me check, let me
• 2:44:33
  look at the PSI in a moment. And I, I think Lucas's Home
• 2:44:38
  Depot restitution spans at least two, maybe 3 cases that were
• 2:44:43
  dismissed as part of this so. Yes, and the 1965 is OK.
• 2:44:52
  And so that would have been. So I'm seeing in this case total
• 2:44:57
  of $5408.00 of restitution to Home Depot, Lowe's, Meyer.
• 2:45:05
  Kroger. Marianne Mizar and Constance
• 2:45:09
  Cleary. The amount that I'm seeing Home
• 2:45:13
  Depot here is $3141.00, which to me seems to indicate that Mister
• 2:45:20
  Day had a similar situation where he paid a multitude of
• 2:45:25
  cases in regards to the Home Depot.
• 2:45:27
  So let me just say this, the 3149, I don't know if that's
• 2:45:32
  separate or if that's inclusive of this.
• 2:45:36
  But that is inclusive in the the the ones restitution amount for
• 2:45:39
  Home Depot, that's inclusive to the three cases that were
• 2:45:42
  dismissed your. Order OK, but not so if day is a
• 2:45:47
  Co defendant, here's what I'm going to do.
• 2:45:49
  I'm going to order restitution, but I'm going to have a joint in
• 2:45:52
  several, provided you could untangle this and see who's
• 2:45:58
  responsible for what, I don't know.
• 2:46:02
  I can't do that, Your Honor. I do have the numbers, so.
• 2:46:04
  So give me one moment. The one where Mr. Day pled that
• 2:46:11
  is in the 1965 file and the 1965 file was $1197.00 in
• 2:46:19
  restitution. So that one will be joined in
• 2:46:21
  several regards to Mr. Day I do not have any code defense on the
• 2:46:25
  other files your. Honor.
• 2:46:27
  OK, well, let's figure it out. I think in fairness, we need to
• 2:46:30
  make some kind of chart for both of them.
• 2:46:33
  So it's joint in several. I think you're all a student.
• 2:46:36
  Have to figure it out. And then I can sign whatever
• 2:46:38
  order or you can do a special order or I don't know.
• 2:46:45
  Does that work for you? Council?
• 2:46:47
  I don't think it's fair that you pay everything.
• 2:46:52
  Yes, Your Honor, Yeah. And I suppose if there's a
• 2:46:57
  resolution to that AG case at some point that I might well
• 2:47:03
  I'll I'll file a motion if necessary.
• 2:47:05
  Yeah, just let me know so we can get to that, all right?
• 2:47:09
  And so I'm happy with people. What are you asking for in
• 2:47:11
  regard to sentencing? Or is there anything else you
• 2:47:13
  want me to know? And Your Honor, I, I at this
• 2:47:17
  point in time, I believe that everything that we would wish
• 2:47:20
  you to know exists. The defendant is an MDOC.
• 2:47:24
  He's on these multiple Eaton County cases.
• 2:47:27
  Obviously he had five retail fraud plate cases.
• 2:47:29
  Three of those are being dismissed.
• 2:47:31
  So I leave him in court discussion.
• 2:47:33
  All right. And I need to know how many days
• 2:47:36
  jail credit does he have on these?
• 2:47:38
  Do we know? I'm seeing a date of sentence in
• 2:47:42
  the Eaton County case on September 18th of 2025, but I am
• 2:47:48
  not sure exactly when he got picked up on those Newton
• 2:47:52
  counting cases. Would that also count for us?
• 2:47:56
  It just depends on. So here's what I'm going to say.
• 2:48:00
  I'm going to sentence him. We have two issues to figure out
• 2:48:03
  jail credit on both files and restitution.
• 2:48:10
  Otherwise I'm not doing my job and neither are you.
• 2:48:13
  And we can't have that because he victims are entitled to that
• 2:48:17
  and defendants entitled to the credit.
• 2:48:19
  So I'm sure that when he's sent back over to the jail or
• 2:48:22
  whatever, we can figure it out because I've got a clerk here
• 2:48:28
  who's going to have blank. Boxes.
• 2:48:30
  Because we don't know. Is that something we can do?
• 2:48:37
  He's got to give his credit. Sure.
• 2:48:39
  Do you know how? Yeah.
• 2:48:42
  I. Truthfully, I don't know if.
• 2:48:46
  He. Has any I?
• 2:48:49
  Mean he has been. Incarcerated this whole time,
• 2:48:51
  but. I mean, in the long run, it's
• 2:48:58
  not going to matter. But if we're audited, it matters
• 2:49:00
  because here's what I'm going to, Sir.
• 2:49:03
  What would you like me to know? Anything.
• 2:49:07
  How? A sentencing?
• 2:49:10
  What was going on with you, how you're doing?
• 2:49:12
  Anything you want me to know? Yeah, I'm doing much better now.
• 2:49:18
  I'm I joined the substance class I'm taking and been doing that
• 2:49:23
  the last couple weeks. So what was going on with you
• 2:49:26
  where you decided you're good in business, you've done some
• 2:49:30
  fabulous things your attorney tells me, and then you decide to
• 2:49:32
  hook up with these people and use drugs?
• 2:49:34
  What? What prompted that?
• 2:49:37
  I had a wife and two kids and we didn't work out and I just, I
• 2:49:44
  lost it. OK, and I understand.
• 2:49:49
  And that going in Arkansas. And then I left and came here.
• 2:49:52
  OK, so going through a divorce, it is like a death but a
• 2:50:00
  grieving process. But there's nothing on the
• 2:50:03
  calendar that says something bad happens and I have a license to
• 2:50:06
  use drugs. And if you look around the
• 2:50:11
  world, there's a zillion other women would be happy to date a
• 2:50:16
  successful businessman. And the best way to get over
• 2:50:21
  something and to say, look, what you lost out on is to do great.
• 2:50:26
  Not so she can say, Oh yeah, I left him and look what he's
• 2:50:29
  doing now. Rise above it, Sir, and be the
• 2:50:33
  example for your kids because just because you divorced their
• 2:50:39
  mother for whatever reason, it doesn't matter.
• 2:50:43
  You've got. Kids.
• 2:50:45
  And you have a constitution protected right to raise them
• 2:50:49
  unless you're an unfit parent. And if you used illegal
• 2:50:53
  substances and you're locked away for four years, actually
• 2:50:57
  our state says 2 years, your rights can be terminated.
• 2:51:03
  So do the right things. Show your children that you can
• 2:51:07
  make a mistake. But those are all teachable
• 2:51:09
  moments. And you've learned your lesson,
• 2:51:11
  and you rise above. And you stay.
• 2:51:13
  Above because those kids are depending on you.
• 2:51:17
  How old are they? 9:00 and 3:00.
• 2:51:22
  So you're going to miss some critical years.
• 2:51:24
  So you got a lot to make up for. Yeah.
• 2:51:30
  Anything else running? You know?
• 2:51:33
  All right, I don't know. On each file, I'm sentencing you
• 2:51:38
  to one year jail, which will run concurrent with the prison
• 2:51:44
  sentence you're now serving. You will receive your jail
• 2:51:48
  credit days once we figure them out and you will pay restitution
• 2:51:54
  in the amounts that are agreed to.
• 2:51:56
  And it appears I know we have them, but for the record it is
• 2:52:03
  $688.00 to Kohl's, $1999.96 to Target, $4111.98 to Home Depot
• 2:52:14
  and those will be joined in several with any Co defendant
• 2:52:18
  once we figure that out as well. It looks like you have at least
• 2:52:22
  on the 1 LB you have I. Do have?
• 2:52:26
  That name Joshua Scott Day. So we'll figure out where the
• 2:52:33
  offsets are. So that means during several
• 2:52:36
  means and that was to the Home Depot, right?
• 2:52:40
  So Home Depot is $4111.98. It might be that you pay pay
• 2:52:49
  3000, he pays the rest or you pay $1.00 and he pays the rest.
• 2:52:52
  It doesn't say 50% each. It's not our restitutional loss,
• 2:52:57
  OK. On each file you will owe a $75
• 2:53:02
  crime victims and a $50 state cost and that's a total of 125 I
• 2:53:10
  can file or 250 total. However, restitution is due
• 2:53:15
  immediately, but the state class and crime victims will be due 12
• 2:53:20
  months after you release from Chris.
• 2:53:24
  I'll hold that until then. You have 42 days to appeal and
• 2:53:28
  to request appellate counseling. You'll need to appellate rights
• 2:53:33
  and while you're incarcerated. I want to to just continue with
• 2:53:38
  your mental health treatment trade school.
• 2:53:42
  Do you have your GED? Diploma.
• 2:53:45
  Diploma. Good.
• 2:53:46
  OK. And anything else you want to
• 2:53:51
  participate in, they're not letting you or.
• 2:53:53
  No, I I'm going to be doing trade.
• 2:53:55
  School, too. The last. 18 months you can.
• 2:53:57
  Do that. Great.
• 2:53:58
  So I'm ordering it. So hopefully that'll move you up
• 2:54:00
  on the list. All right.
• 2:54:01
  Anything else? No, thank you, Your Honor.
• 2:54:03
  All right. Thank you.
• 2:54:05
  Goodbye too, Sir. OK, I think she will henceforth
• 2:54:10
  and forevermore be known as Judge other mom because I just
• 2:54:13
  kind of liked that when she said that she was the guy's other
• 2:54:16
  mom. So again, I I have eyes on Judge
• 2:54:20
  Simpson's court. They haven't started yet, but I
• 2:54:24
  know what that hearing is going to be and I want to cover it if
• 2:54:28
  if they actually get it going here soon.
• 2:54:30
  It is Friday, so during the 4th hour we generally go to Dungeon
• 2:54:34
  Court and that is an option for us today.
• 2:54:36
  But the Simpson thing will supersede Dungeon Court
• 2:54:41
  depending on how the timing works.
• 2:54:43
  Just bear that in mind. But for now, let's stay in
• 2:54:47
  Michigan. Where'd my mouse go?
• 2:54:50
  Doggone it, there it is. OK, let's stay in Michigan, but
• 2:54:56
  let's go back to Judge Middleton.
• 2:55:21
  Do you have that file? No.
• 2:55:24
  I checked with the district and they indicated you should.
• 2:55:26
  Have everything. That's the worst case scenario.
• 2:55:30
  They gave it to me. I have a felony.
• 2:55:34
  Case. Good morning, Mr. Montgomery.
• 2:56:20
  We met yesterday afternoon. Mr. George was here on another
• 2:56:26
  matter, and we did a very brief bench warrant arraignment in
• 2:56:32
  this case, which is 25278 St. You're charged with driving
• 2:56:41
  suspended second offense. That is a misdemeanor.
• 2:56:46
  It's punishable by up to 93 days, and, excuse me, up to a
• 2:56:49
  year in jail on a fine up up to $1000.
• 2:56:52
  It carries 2 points, and it requires that your driver's
• 2:56:56
  license be suspended. We did a brief bench warrant
• 2:57:04
  arraignment yesterday, as I said, and scheduled the matter
• 2:57:07
  for this morning. Mr. George, what's the status
• 2:57:12
  here? Ross Here's offer.
• 2:57:13
  That my client would enter a plea to no valid operator's
• 2:57:16
  license. The driving suspended second
• 2:57:18
  offense would be dismissed. That's a pretty good offer.
• 2:57:38
  No valid operator's license. Mr. Montgomery is a misdemeanor.
• 2:57:43
  It's punishable by up to 90 days in jail on.
• 2:57:45
  A fine of. Up to $100 carries 2 points on
• 2:57:49
  your driving record and will go on your driving record.
• 2:57:52
  Your license is already suspended, but this will go on
• 2:57:58
  there. Do you understand?
• 2:58:02
  Yeah. You understand that if you do
• 2:58:05
  plead to that charge, you'll be giving up your right to have a
• 2:58:08
  trial in front of a judge or juror.
• 2:58:16
  If you had a trial, you'd have the right to be represented by
• 2:58:19
  an attorney. If you could not afford an
• 2:58:23
  attorney, the county could appoint one for you, and they
• 2:58:26
  have appointed Mr. George. You could also hire an attorney
• 2:58:31
  of your own choosing if you wished.
• 2:58:34
  If you had a trial, you'd have the right to take the witness
• 2:58:36
  stand and testify on your own behalf.
• 2:58:39
  But you don't have to, because you have a right not to testify.
• 2:58:43
  And if you did not wish to testify, the judge or jury could
• 2:58:48
  not hold your silence against you.
• 2:58:51
  And you have the right to be presumed innocent, as the state
• 2:58:54
  was able to prove your guilt beyond a reasonable doubt.
• 2:58:57
  You understand? Yes.
• 2:59:05
  Were you driving a car? Let's look at this ticket again
• 2:59:15
  on February 14th of 2025, about a year ago.
• 2:59:22
  And was your license suspended at that time?
• 2:59:24
  Yes. Have two days of jail credit.
• 2:59:40
  You might have some at the front end.
• 2:59:48
  He didn't show up last March for Judge Patterson.
• 2:59:52
  He issued a bench warrant and then you got picked up on that
• 2:59:57
  bench one a couple days ago. You got arrested in June and
• 3:00:14
  posted a bond and then you bugged out again.
• 3:00:17
  So you had one day in June, 2 days now.
• 3:00:47
  For seven days jail credit 3 leaving four days to serve.
• 3:00:53
  Just going to be concurrent with your new methamphetamine charge
• 3:00:57
  26360 FY zero fine. I'm going to waive your attorney
• 3:01:03
  fee. Also the minimum fee of $125 for
• 3:01:09
  two additional days, which will should be swallowed up by the
• 3:01:13
  other time you'll be doing. I believe you owe me money.
• 3:01:51
  I had it on yesterday's CHEAT SHEET, the owe money to the
• 3:01:54
  court, but I don't have it in front of me for today.
• 3:01:59
  We'll look into that. And the other case, the new case
• 3:02:04
  is 26360 FY. And as long as you're here, the
• 3:02:12
  magistrate asked me to just take care of this arraignment.
• 3:02:20
  That's not right 25278. Because I didn't have a bunch of
• 3:02:43
  other. Things to do this morning.
• 3:02:57
  All right, Mr. Montgomery, let's take a look at your new case.
• 3:03:00
  You got arrested on a charge of possession of methamphetamine
• 3:03:06
  that is in file 26 360. FY complaint alleges that that
• 3:03:23
  happened in Montville Township on March 4th.
• 3:03:30
  Is this place where you were? They did the search warrant all
• 3:03:35
  right. They charge you with possession
• 3:03:37
  of methamphetamine as a second or subsequent offense as a drug
• 3:03:41
  double, making it punishable by the 20 years imprisonment.
• 3:03:58
  And you've been in custody since that time.
• 3:04:04
  I need to appoint a lawyer for you.
• 3:04:06
  They didn't give me the dates. I wish they would do that.
• 3:04:49
  I'm going to show a plea of not guilty.
• 3:04:54
  I don't even have the authority to take a plea at a felony at
• 3:04:57
  this level to show a plea of not guilty.
• 3:04:59
  I will appoint an attorney, set a pre exam conference.
• 3:05:05
  I think the dates are March 17th for the pre exam and March 20th.
• 3:05:23
  The pre exam would be at 8:30 and if a pre owned as needed it
• 3:05:26
  will be March 24th at 1:00. Uh.
• 3:05:53
  In the underlying case, we just did, you failed to appear twice.
• 3:05:58
  You failed to appear for your first arraignment.
• 3:06:00
  They issued a bench more. It actually failed to appear
• 3:06:02
  three times. Then you did appear and you got
• 3:06:06
  arrested in June and then you failed to appear again and then
• 3:06:10
  you got arrested yesterday or the day before.
• 3:06:16
  So in this case. You have appeared but you
• 3:06:28
  previously case you failed to appear.
• 3:06:31
  You have an unpaid driving suspended case in 202483 St.
• 3:07:01
  They have an unpaid domestic violence and file 238-O8 SM and
• 3:07:13
  an unpaid disobeying a stop sign ticket failed to appear in the
• 3:07:21
  fast failed to fail fine and costs and it's a drug double
• 3:07:55
  set bond at $10,000 cash or surety.
• 3:08:06
  They gave me a whole bunch of stuff putting the bond form.
• 3:08:29
  You shall appear personally for any previous subsequent
• 3:08:33
  examination. You shall abide by any judgment
• 3:08:36
  entered by this court, shall not leave the State of Michigan, and
• 3:08:40
  do not commit any crime if you are released.
• 3:08:43
  Provide e-mail and telephone number on release.
• 3:08:48
  Do not use any drugs or alcohol if you are released.
• 3:08:56
  No assault or threatening behavior, No firearms.
• 3:09:04
  You shall seek employment. All right, You're going to be
• 3:09:16
  taken back to the jail. The magistrate and the clerk
• 3:09:22
  will prepare the bond. If you're able to post it.
• 3:09:25
  You need to call your lawyer, make an appointment to discuss
• 3:09:28
  this case with them. You got four more days of jail
• 3:09:34
  to do on the driving suspended case.
• 3:09:36
  I don't think you're going to post the bond.
• 3:09:39
  I did not appoint Mr. George as your lawyer.
• 3:09:41
  He may end up in the rotation, but I'm not sure who's on duty
• 3:09:45
  that particular date. But this takes care of your
• 3:09:48
  traffic case and get your felony methamphetamine case started.
• 3:09:53
  You told me you were in bed when the cops came and executed the
• 3:09:57
  search warrant. I don't know anything at all
• 3:10:00
  about the facts in this case. Your lawyer can explore that
• 3:10:03
  further. I suspect there's more to this.
• 3:10:06
  There usually is, but you go back to the jail and get lunch.
• 3:10:12
  Good. To go.
• 3:10:13
  Thank you, Mr. George. All righty, let's go down to
• 3:10:20
  Texas. See what's going on now with
• 3:10:23
  Judge Stevens. What are we doing today?
• 3:10:32
  What are we doing Anybody On the first it says on the front of
• 3:10:35
  the state it says MTR police status, Yes, first amended to be
• 3:10:40
  filed. Yes, the first amended was
• 3:10:42
  filed. It was filed on March 2nd.
• 3:10:46
  So that was a few days ago, correct?
• 3:10:49
  Does anybody you don't have copies of that?
• 3:10:52
  No, it looks like they've added you failed to work faithfully.
• 3:10:59
  Let's schedule employment and provide verification of such.
• 3:11:02
  You provided a urine sample on December 10th, 2025 that showed
• 3:11:07
  cocaine in your system and you failed to attend Batterers
• 3:11:11
  Intervention Prevention Program bit those are three added to the
• 3:11:16
  previous five allegations. All right, when are we going to
• 3:11:22
  hear this? One week?
• 3:11:26
  Y'all ready? Just after speaking to
• 3:11:30
  probation, probation and I and as well as defense have come to
• 3:11:36
  a possible resolution of this matter.
• 3:11:39
  The biggest issue is if the defendant can test negative and
• 3:11:43
  we would the state would request for him to be tested if
• 3:11:46
  possible. Today it was negative.
• 3:11:47
  January. That was January, but he.
• 3:11:50
  Has such he has illustrated he's completely negative for all sets
• 3:11:57
  this this one. He is on the Ferris middle top.
• 3:12:00
  We are in that you want tested positive in December.
• 3:12:03
  Come on for cocaine of all things.
• 3:12:06
  He's been on probation since 21, for 10 years and what the heck
• 3:12:11
  are you getting? What are we doing getting a
• 3:12:13
  positive hit for cocaine? He's self medicate, Sean again,
• 3:12:17
  he's a mental health. He's making the cocaine.
• 3:12:21
  I'm trying to explain to the court now where does he get the
• 3:12:23
  cocaine that's in his system and get you in your honor?
• 3:12:26
  Yes, it always is the instructor not to answer that.
• 3:12:29
  So that would be broadcast. And he answers it.
• 3:12:30
  And that. It.
• 3:12:32
  May it feed us. OK.
• 3:12:33
  You can tell that if we would go off with bacteria, if we don't,
• 3:12:36
  we're at Discord about anything, Sir.
• 3:12:39
  If he would get treatment, it would endanger his safety, Sir.
• 3:12:42
  If he can. Sir, don't interrupt when I
• 3:12:45
  speak. Please can't.
• 3:12:47
  She can't put that down when we interrupt.
• 3:12:50
  Thank you. Just.
• 3:12:51
  Don't interrupt me, please. Thank you.
• 3:12:53
  I'll. Advise you advise and what you
• 3:12:56
  need to do. All right, OK, y'all sit over
• 3:13:01
  there please. We'll get back to you in a.
• 3:13:03
  Minute. May I have a big pardon tonight?
• 3:13:04
  I know. Judge Thomas, the court.
• 3:13:07
  What are we going to do today? What do we plan to do?
• 3:13:19
  Probation has agreed to continue him on probation if he can test
• 3:13:24
  negative. He's just.
• 3:13:26
  Yeah, he but how does he purge the positive?
• 3:13:29
  Right. I mean that's you can't undo.
• 3:13:34
  That and you open the door for. One, that's it.
• 3:13:37
  It's fair for everybody. Everybody tests positive, then
• 3:13:40
  they get free ones. He isn't everybody.
• 3:13:43
  He has. No, I'm sorry.
• 3:13:45
  I'm sorry. It's what's good for him is good
• 3:13:47
  for everybody in similar circumstances.
• 3:13:50
  That's my understanding of the world since I've been since
• 3:13:54
  birth. It's what's fair.
• 3:13:56
  That's my job. It's been sure it's fair and
• 3:13:59
  yours is not. To interrupt, please let me
• 3:14:01
  complete my plot. If no, I'm not going to do that.
• 3:14:07
  We're going to set this though for a hearing in two weeks.
• 3:14:10
  So it doesn't need to be tested. Jim, no, no, it's the that
• 3:14:14
  doesn't undo what happened before.
• 3:14:16
  If the test is a valid test, it's two weeks.
• 3:14:20
  Get a reset in two weeks. Thank you.
• 3:14:22
  But but he needs to, is it? He'd been tested regularly.
• 3:14:28
  Not regularly. That needs to that needs to be
• 3:14:30
  done until we can get this hearing.
• 3:14:32
  OK. I have Kendrick Antoine.
• 3:14:42
  Yes, ma'am. Judge, this is 1 Mr. Boyd had
• 3:14:46
  before he left. I've been speaking with his
• 3:14:48
  daughter about it at college. She was in trial this week.
• 3:14:52
  I think that we have things to talk about, so if we could just
• 3:14:57
  have a short reset on it. Where is Mr. Andy, he's in
• 3:15:02
  custody. OK, he's in custody.
• 3:15:05
  How much time? Two or three.
• 3:15:06
  Weeks, 3 weeks there. Yes, thank you.
• 3:15:09
  Reset those two. Gary Paul.
• 3:15:20
  He's in custody, Judge. What do we do to sit down?
• 3:15:22
  He's going to voluntarily be true to his.
• 3:15:26
  Gary Fall. Violations.
• 3:15:28
  And then we go to you for a decision.
• 3:15:54
  From this, including this thing that was given to Frank, who's
• 3:16:01
  does the defense have that? Yes, welcome.
• 3:16:07
  Can you make a copy of that? Oh, it's a copy.
• 3:16:08
  That's your copy. Nice.
• 3:16:11
  I gave you a copy. Of this for Willie's that goes
• 3:16:14
  into Willie's smile that's a copy for us so we're OK, I just
• 3:16:19
  need to put the. Sign I think you.
• 3:16:22
  Said one. File you.
• 3:16:23
  Still have. I got you want these.
• 3:16:26
  Copies. And I gave.
• 3:16:29
  You everything. I'm going.
• 3:16:29
  To put it together so. Thank you.
• 3:16:45
  Gary Falk 20 three CR 175 zeros call and there is a motion to
• 3:16:55
  revoke probation that was filed October 2nd of last year's.
• 3:16:58
  You were here with Miss Navi, your attorney and the State's
• 3:17:01
  attorney. Does the defendant wave a formal
• 3:17:04
  reading of this motion to revoke probation?
• 3:17:06
  Can we proceed in some raise your right hand, Sir.
• 3:17:09
  Do you soundly swear or affirm? Any statements you make during
• 3:17:12
  this hearing shall be the truth, the whole truth, and nothing but
• 3:17:14
  the truth, so help you God the lawyer.
• 3:17:17
  In summary, this motion states that on May 16th of 2024 in this
• 3:17:23
  court, you were sentenced to 18 months in the state jail that
• 3:17:26
  was suspended for five years for evading arrest or detention, a
• 3:17:31
  state jail felony. But let's see, there must be
• 3:17:35
  prior conviction, OK, just state jail felony.
• 3:17:40
  It's punished as a third degree felony, correct?
• 3:17:43
  No Sir, this is state jail. This is 18 months previous
• 3:17:46
  convictions makes it a felony. So he was running on foot.
• 3:17:48
  He wasn't with no OK, because it's kind of true on the priors
• 3:17:54
  there was. Because he was sentenced to. 18
• 3:17:58
  months, so they sent. It to his state jail 34 priors.
• 3:18:02
  So we didn't go on those third degrees.
• 3:18:05
  No, Sir. Just.
• 3:18:06
  Just enhance it to make it a a state jail felony.
• 3:18:09
  Should could have been though. It could have been, that's
• 3:18:12
  correct. Could have been up to up to 20
• 3:18:19
  years in prison as a potential. There's a lot of leniency given
• 3:18:31
  here. All right, so is all of that
• 3:18:35
  true so far? You were sentenced to 18 months
• 3:18:38
  in state jail and that was suspended for five years on May
• 3:18:41
  16th, 24, correct. All right.
• 3:18:45
  Allegation one state you failed to report to the probation
• 3:18:48
  office for May 5th, June 9th, July 10th, July 17th, July 30th,
• 3:18:55
  all 2025. Is all of that true?
• 3:18:59
  And did you was it he an absconder?
• 3:19:01
  Yes. How long he was.
• 3:19:03
  Gone until he turned himself. In which was when?
• 3:19:06
  December. OK.
• 3:19:08
  So from May to December, you never reported to the probation
• 3:19:13
  officer, right? May of 2025.
• 3:19:18
  May 5th of 2025 to December through December.
• 3:19:24
  He did come in July, June 23rd and met with me and then he was
• 3:19:28
  gone after that because he came in after I called him and he did
• 3:19:34
  come in that one day and after that he was gone.
• 3:19:37
  So there wasn't. You're going to have to report
• 3:19:42
  or you're not on probation. I came in and told my people she
• 3:19:46
  wanted to change my location, but I was I was in Beaumont and
• 3:19:50
  had to come to Port Orton. OK, Yes, Sir, I couldn't.
• 3:19:54
  I couldn't I leave my PO. No, I didn't have no no a lot of
• 3:19:57
  transportation. We got to figure it out.
• 3:20:00
  Yeah, I was processing, moving, so I turned myself in.
• 3:20:03
  When? You soon.
• 3:20:07
  Six months later, what happened in those six months?
• 3:20:12
  I. Was in Bowman.
• 3:20:14
  Half a year I. Was in Bowman.
• 3:20:16
  You were on your own probation. You know that was.
• 3:20:21
  You got to figure it out, Sir, if you're either on probation or
• 3:20:25
  not. But we accommodate people when
• 3:20:27
  they know the probation offices were accommodating.
• 3:20:31
  They're we have a great success record.
• 3:20:34
  You're 1 out of 14 who fail. You're 1 out of 1413 out of 14
• 3:20:40
  are successful. That's a great record.
• 3:20:55
  Allegation 3 states you provided with urine sample on March,
• 3:20:58
  April 14th of last year which showed the presence of
• 3:21:01
  tetrahydrocannabinol, marijuana and cocaine.
• 3:21:04
  Is that true? Can you explain that?
• 3:21:14
  You're welcome. You know, I take medication.
• 3:21:16
  Cocaine. Who's giving you the cocaine?
• 3:21:19
  Which doctor is that? Another medication.
• 3:21:23
  But you know that's wrong, you know it's illegal and all,
• 3:21:27
  right? Are you pleading through then
• 3:21:29
  allegations one and three voluntarily?
• 3:21:32
  And because those allegations are true, do you understand that
• 3:21:36
  a plea of true voluntarily and knowingly made plea of true to
• 3:21:40
  one or more violations of probation, that isn't up to
• 3:21:43
  grant a motion to revoke probation?
• 3:21:45
  Your probation can be revoked and you can be sentenced to no
• 3:21:50
  less than 180 days up to 18 months in the state jail knowing
• 3:21:54
  that you insist on pleading true to them.
• 3:21:57
  I find you were pleading true voluntarily.
• 3:22:00
  You understand and appreciate the consequences of pleading
• 3:22:03
  true. Do we have a calculation of
• 3:22:06
  this? What time, you asked?
• 3:22:09
  How much time do you have you served in this case?
• 3:22:12
  Do you know? 2728.
• 3:22:14
  No, before that you were arrested and waiting.
• 3:22:19
  Sitting. Put on probe.
• 3:22:20
  Were you in jail a while? Yeah, like a month.
• 3:22:24
  OK, OK, OK. Thank you.
• 3:22:28
  I'm looking at the pre sentence report where?
• 3:22:35
  That's why I can give it. To you 3 full pages who look at.
• 3:22:43
  Me like that, judge. The Pentland history dates back
• 3:23:08
  to 1988, so that's 38 years. 20/8/1990. 8 to age 268812
• 3:23:17
  that's 26 is. I thought you said 98.
• 3:23:20
  I'm going to give you. Because you were aging, would
• 3:23:22
  you? Like an Abacus to.
• 3:23:24
  No, but if it was 98 then you were aging me to. 88.
• 3:23:27
  That's not. 88 OK 26 which is 38 and that's
• 3:24:04
  you have to look at the whole book here, not just a few
• 3:24:10
  chapters you have as a. As a juvenile you there were 30
• 3:24:30
  some odd dispositions. Most of these were one rock face
• 3:24:35
  and other things. Your home life must not have
• 3:24:39
  been a solid one, huh? And then we start with adulthood
• 3:24:51
  and you've got how many, how many convictions of misdemeanors
• 3:25:00
  and felonies do you have as an adult, I see two misdemeanors of
• 3:25:13
  evading detention and assault of body injury or felon of a family
• 3:25:17
  member when as misdemeanors. But what about felonies?
• 3:25:24
  Because there were several more than one case where you were
• 3:25:31
  placed on probation and then your probation was revoked and
• 3:25:34
  you were convicted and then later on, subsequent to that
• 3:25:43
  there are some robbery convictions, aggravated robbery
• 3:25:46
  convictions. So how many felonies do you have
• 3:25:48
  9, 045 He's pleaded true, there's no agreement here,
• 3:25:55
  right? No drug problems for 18 months,
• 3:25:59
  which is the most that he could get cap of 18 months.
• 3:26:03
  Well, that was, that's what he he just put on probation
• 3:26:05
  originally, right? So you're you're looking at no.
• 3:26:11
  Less than 180 days, up to 18. Months in the.
• 3:26:13
  State jail, state you want to go first and last.
• 3:26:18
  You know, I would ask for 18 months.
• 3:26:20
  I'm speaking with probation. It's either the 18 months or
• 3:26:23
  they're willing to still work with him if he's willing to go
• 3:26:26
  to safe P. If, if, if there's a problem
• 3:26:30
  there and, and he could go and complete safety and come back
• 3:26:33
  and be on probation. That's right.
• 3:26:38
  And that's what I've spoken to Mr. Falk about and he is
• 3:26:42
  interested in taking advantage of that safe P option.
• 3:26:44
  That's clear. Talking about the interest.
• 3:26:46
  I mean, would you do it? Yeah, he's.
• 3:26:48
  He's willing to do it. He's motivated to do it.
• 3:26:52
  Set Yes, Sir, the the nice lady speaking for.
• 3:26:56
  You but I want to hear from you is that.
• 3:26:58
  What you want, it helps. It helps people.
• 3:27:01
  But I go to program, but you've got some problems here for a
• 3:27:05
  long time that you haven't resolved, and this could help,
• 3:27:11
  but you've got to put in an effort.
• 3:27:13
  Are you? Willing to do that?
• 3:27:14
  Yes, Sir. OK.
• 3:27:17
  So should never find it. There is sufficient evidence
• 3:27:24
  supporting this motion. To grant.
• 3:27:25
  It by the preponderance of the. Evidence of Raider as.
• 3:27:28
  Allegations. Down in three are proven true.
• 3:27:31
  I'm going to hold this motion, I think in advance is the way to
• 3:27:35
  do this. We are going to modify a term of
• 3:27:39
  condition or term and condition of probation to require you to
• 3:27:43
  attend and successfully complete the Substance abuse Felony
• 3:27:46
  Punishment Facility program. Do you understand where we are
• 3:27:54
  on this? You got to those, you got to do
• 3:27:58
  the heavy lifting. You've got to avoid the drugs.
• 3:28:09
  But it's obvious your home life was a wreck growing up.
• 3:28:15
  I mean it's it's obvious I've seldom have.
• 3:28:17
  I ever seen. A child.
• 3:28:20
  With that many dispositions. And it must have been a.
• 3:28:24
  Difficult family, household. I presume so.
• 3:28:30
  So. But but you're an adult.
• 3:28:32
  You've got to handle your responsibilities.
• 3:28:35
  Fix this so that you can move on the best you can.
• 3:28:39
  Are you promising to do your best?
• 3:28:41
  Yes, Sir. OK, do it.
• 3:28:42
  Alright. We'll continue on your probation
• 3:28:46
  and complete that substance abuse program and.
• 3:28:51
  Do well. Thank you.
• 3:28:54
  Vicki Holloman. Vicki Holloman.
• 3:28:59
  Okie dokie friends, I told you earlier that I had my eyes on
• 3:29:01
  Judge Simpson's court for this evidentiary.
• 3:29:04
  Hearing with the. Former U of M coach Moore, but
• 3:29:08
  it's. Not.
• 3:29:09
  Happening yet? I wonder if they're negotiating
• 3:29:11
  behind the scenes to put an end to all of this because they've
• 3:29:14
  had it queued up for like two hours now.
• 3:29:17
  It's not going anywhere, but it is a Friday.
• 3:29:20
  So what do we do here on Fridays?
• 3:29:22
  We go to that place in southern Ohio, Appalachia country where
• 3:29:29
  justice is best served in a cold, dank basement with a
• 3:29:34
  cranky judge, the screams and moans of the dead echoing from
• 3:29:41
  within the walls. The Soviet era lighting and a
• 3:29:46
  printer that never. Stops running if.
• 3:29:48
  You're new here. This is our guilty pleasure.
• 3:29:50
  Enjoy it. Ladies and gentlemen, I give you
• 3:29:52
  Dungeon Court thank. You.
• 3:30:25
  So from this, I think that he's going to carry impatient
• 3:30:29
  accurately the crisis center. That's the recommendation, Your
• 3:30:33
  honor, for a 35. I stopped over the other day and
• 3:30:44
  spoke with Mr. Commonwealth when we established the
• 3:30:49
  determination. Of level of care, so we
• 3:30:51
  understood what's going on. Obviously he he, his, his desire
• 3:30:58
  is to return home, but he said that he would be willing to
• 3:31:02
  follow the recommendation. All.
• 3:31:06
  Right. Well, they're recommending that
• 3:31:08
  you do some in patient work for a while.
• 3:31:11
  Why don't we come back fairly quickly?
• 3:31:13
  Keep a handle. And see how things are going.
• 3:31:16
  So that's fine, You're not available.
• 3:31:23
  Last three Mondays in March are not.
• 3:31:26
  Good. Well, probably going to need to
• 3:31:37
  do. It's not a Monday.
• 3:31:42
  Can you do the 20th? That's two weeks from today.
• 3:31:47
  All right. I'm going to set it for the next
• 3:31:49
  hearing. For.
• 3:31:51
  March. 20th for a free trial. 10:00 Thank you, Ron all.
• 3:32:07
  Right. Cromwell, I'll see you in two
• 3:32:09
  weeks. I'll see you.
• 3:32:14
  State of Ohio versus Dalton Griffin have the number of TRC
• 3:32:18
  2629. Your Honor.
• 3:32:21
  Mr. Holt has been. Retained in that.
• 3:32:23
  Case. I believe he's also filed a.
• 3:32:24
  Motion to continue. Well.
• 3:32:31
  He. Has I'm aware of it, Are you Mr.
• 3:32:35
  Does the state has has that motion?
• 3:32:39
  We just looked at it this morning, OK.
• 3:32:42
  Dalton Griffin. Well, I've got a discovery
• 3:32:46
  demand from Mr. Holt. And what else?
• 3:32:58
  Notice of appearance. Well, these are originals and
• 3:33:01
  they haven't been filed. I don't know whether they were
• 3:33:03
  supposed to be filed in the case.
• 3:33:04
  Maybe they were. And then a request to reschedule
• 3:33:11
  the hearing for Monday, March 9th.
• 3:33:14
  So I've got originals here. If that's suitable for a state's
• 3:33:19
  position on it. We're OK with that.
• 3:33:22
  OK, I'll go ahead and reschedule for March the 9th as a, at the
• 3:33:27
  defendant's request. State of Ohio versus Crystal,
• 3:33:43
  Justice H number PRC .6203 A&B. Direct case, pre trial.
• 3:34:01
  Your honor, we pre tried this this morning.
• 3:34:05
  We're going to get some medical records from this justice and I
• 3:34:10
  think the state wants to see those also.
• 3:34:13
  Also think we need to file for discovery.
• 3:34:15
  For. The thinkers issue or two that
• 3:34:17
  we need to address so we just need to set for another pre
• 3:34:20
  trial which? Call this pre process.
• 3:34:27
  March or thereafter? 27th is fine.
• 3:34:32
  March 20. 7th. PRC 26. 168.
• 3:34:58
  AMD So you're on Mr. McBride's case, Your Honor.
• 3:35:08
  I I know. That.
• 3:35:13
  We need, we need discovery on it, request discovery.
• 3:35:16
  Also I I understand the state has said that they're missing
• 3:35:21
  the narrative and the video on the case and we need to get that
• 3:35:25
  from the save and save it together.
• 3:35:43
  Your. Honor there was a South Point
• 3:35:45
  police officer that initiated a. Traffic stop and.
• 3:35:49
  Then it was turned over to the Highway Patrol.
• 3:35:51
  So we're going to get a statement from that officer as
• 3:35:54
  to why he made the stop in the first place.
• 3:35:57
  And also we will get the video evidence from both officers and
• 3:36:07
  I guess you're going to file discovery.
• 3:36:08
  Yeah. So.
• 3:36:09
  So we could set maybe? The first part of April we'll
• 3:36:12
  wait time. Is it math?
• 3:36:18
  It's Monday or Friday. April's pretty.
• 3:36:21
  Clear, Your Honor, let's see the 6th April 6th that's.
• 3:36:28
  A Monday at. Least 10:00 that's.
• 3:36:38
  A. Fayetteville High versus Watney
• 3:36:55
  Spears. Case.
• 3:36:57
  Number CRE 2549. You
• 3:37:12
  took it off last time. Did
• 3:37:37
  you? He's an outpatient now, Your
• 3:37:40
  Honor. So are you working?
• 3:37:49
  I start. So I just got to outpatient 2
• 3:37:52
  days ago. I was in Portsmouth and I
• 3:37:54
  transferred down to Ironton transitional and and then went
• 3:37:56
  to outpatient. I start a job tomorrow.
• 3:37:58
  Calvin. OK.
• 3:37:58
  Is that it? All right.
• 3:38:09
  I just need one. Yes, John, you know what your
• 3:38:13
  work is going to be? No, not yet.
• 3:38:16
  OK. So you don't know whether a
• 3:38:19
  Monday or? Friday is there?
• 3:38:21
  No, not yet. OK, what's your?
• 3:38:25
  Let's come back mid-april. What's your schedule?
• 3:38:27
  The only date. That's bad.
• 3:38:29
  Is the 13th. 17th. Case number PRC. 11/1. 7.
• 3:38:50
  CRB 11751. PRC 10189.
• 3:38:54
  Understand he's on the zoo and you're on.
• 3:38:59
  All right, I have Mr. Steyer. As the attorney, I didn't catch
• 3:39:05
  the name of the pine. I have pine.
• 3:39:08
  I have that on the OK. You had.
• 3:39:19
  You had. Representative.
• 3:39:21
  Initially. I think.
• 3:39:23
  There was, it was set for hearing on March 2nd and Mr.
• 3:39:32
  Climan apparently was up here then.
• 3:39:36
  Mr. Climan, your present on teleconference.
• 3:39:39
  I mean, your home videos. OK, you, you say you missed
• 3:39:45
  Monday. Is that right?
• 3:39:49
  If there's a. Review here.
• 3:39:51
  And I wouldn't have known about it as a secretary, Mr. Crime.
• 3:39:54
  You were supposed to hear. 90 for a review, is that right?
• 3:40:01
  Can you hear me? I can't hear you.
• 3:40:03
  Can you hear me? Yes, Sir.
• 3:40:05
  We had an ice form up here on by Marietta and I talked to your
• 3:40:09
  clerk and she told me to make it down there today.
• 3:40:13
  I talked to my probation officer.
• 3:40:14
  Yesterday. Saying I wasn't.
• 3:40:16
  Able to make it my wife's flowing transportation to take
• 3:40:18
  off work. So I've been live online since
• 3:40:21
  9:00 this. Morning he he has contacted me,
• 3:40:23
  Your Honor and I. Gave him the.
• 3:40:24
  Information to get him to at least make an appearance, all
• 3:40:28
  right. Well, you got a lot.
• 3:40:30
  To do. You've got community.
• 3:40:32
  Service and fines and costs to. Pay how?
• 3:40:35
  How are you going to take care of?
• 3:40:36
  This stuff. Yeah.
• 3:40:38
  Well, I have 48 hours for my community service.
• 3:40:40
  My wife's going to e-mail him. I just learned how to verify
• 3:40:43
  that with my great sponsor yesterday.
• 3:40:47
  I'll. Be able.
• 3:40:53
  To. Apologies ladies and gentlemen,
• 3:41:46
  hang tight. OBS crashed in the middle of
• 3:41:50
  that. No idea why.
• 3:41:51
  I'm queuing it back up, I have no idea where.
• 3:41:55
  We were in the feed, but we're going to pick it up right about
• 3:42:00
  here because that's where we're going to pick it up.
• 3:42:04
  So here we go while we're trying to get him some.
• 3:42:07
  Help and treatment, then the state will revisit.
• 3:42:09
  How they get to handle that depend on how well he does in
• 3:42:12
  treatment, am I correct? That's correct.
• 3:42:14
  And we do have that and. Maybe not.
• 3:42:17
  Consider it's available Monday, which is.
• 3:42:20
  The date I guess. I think he pled guilty at the
• 3:42:27
  arraignment and I just said in a sentence, I don't know if you
• 3:42:30
  want to it was unrepresented. Yes, judge and I if I didn't do
• 3:42:33
  that at the time I was appointed, he said I would
• 3:42:35
  withdraw the the guilty plea on the domestic and ask that he be
• 3:42:38
  considered for treatment in patient and residential
• 3:42:42
  treatment of Bethesda. OK, let's get that out of file
• 3:42:45
  for that all. I had actually.
• 3:42:47
  Set it up for a review initially.
• 3:42:49
  On March 30th, he wrote me a letter.
• 3:42:52
  It's coming back now, asking. For.
• 3:42:57
  Some relief from his jail sentence.
• 3:42:59
  So I told the clerks to put it on from March 9th.
• 3:43:02
  So that's should be in those files reviews.
• 3:43:16
  OK, so anything we can do here while we're waiting on that?
• 3:43:18
  OK, we'll come back to the one week file.
• 3:43:22
  Yes, Sir, Stable, stable high versus Nathan Perry here at the
• 3:43:25
  court test number. CRP. 20. 6:30.
• 3:43:27
  Four PRC. 21940 OK, this is your Nathan Perry.
• 3:43:53
  This is on the Symptom Dr. OK.
• 3:44:06
  And you were? Supposed to get to OVP and get
• 3:44:09
  an assessment. Yes, I went went Monday.
• 3:44:12
  Yes. Do you have anything from there?
• 3:44:17
  Yes, they they make me. On outpatient I have an.
• 3:44:23
  Another appointment with them on.
• 3:44:26
  Next Thursday. All this is this appointment.
• 3:44:45
  Tell me anything I need to report from it.
• 3:44:49
  Here's the other thing. I mean, you've got an OVI from
• 3:44:52
  2021, yes, but you haven't done anything wrong.
• 3:45:06
  No, I've lost my job and I've had a.
• 3:45:15
  Very, very tough time just trying to to survive since at
• 3:45:24
  the time I was working at at the time I was working at Speedway
• 3:45:28
  and then since I've. Been I've been having to to work
• 3:45:32
  for myself and then most recently.
• 3:45:35
  Here back last fall I started working for a buddy of mine
• 3:45:43
  doing heating and air as well as my own handyman business that I
• 3:45:48
  do. Well, man, I arranged you on
• 3:46:04
  this on January the 16th, so yes, we're six weeks out.
• 3:46:11
  Yeah, and in six weeks you haven't done a.
• 3:46:13
  Daggone thing. On this ODI, that's been
• 3:46:14
  tempting for going on five. Years.
• 3:46:19
  Explain that to me. Yeah.
• 3:46:27
  I mean, you knew you had that. Yes, you got 6.
• 3:46:29
  Weeks to get in there to do something.
• 3:46:31
  You haven't done a one. You haven't paid a nickel on
• 3:46:34
  your fines. You haven't done a.
• 3:46:35
  One day community service. You haven't gone to the driver.
• 3:46:39
  Intervention department that you're supposed.
• 3:46:41
  To. Do yes Sir, I now I I have not
• 3:46:47
  worked. I worked this week.
• 3:46:50
  Was the 1st. Time I've I've worked.
• 3:46:52
  Since February. 9th you don't have to work with the community
• 3:46:57
  services. Explain me why you can get in
• 3:47:01
  here and get some community service done in the last six
• 3:47:04
  weeks. You.
• 3:47:07
  Don't have a you? Don't have an explanation?
• 3:47:09
  No, no they're not. Well, I think what you need to
• 3:47:13
  do. You need a weekend in jail, so
• 3:47:17
  I'm going. To order you in.
• 3:47:19
  Contempt for not doing something on your case and be.
• 3:47:24
  Transported to jail. He can be released.
• 3:47:27
  Sunday at 5:00. PM.
• 3:47:30
  And then I'll set your next hearing.
• 3:47:34
  For. April the 6th, so I'll give you.
• 3:47:37
  Another month. And you need to start taking
• 3:47:39
  this. Seriously.
• 3:47:40
  And get it done. Your honor, if.
• 3:47:45
  If I may if I may request. I.
• 3:47:50
  I do have a job. That I was supposed to be doing
• 3:47:55
  this weekend and that that I could that I would be able to
• 3:47:59
  pay on on my fine. You're going to be in the jail
• 3:48:02
  one second, your commander into custody.
• 3:48:08
  Take this. Serious and.
• 3:48:09
  Get it jumped on April 6th is the next.
• 3:48:18
  Hearing. State of Ohio, recalls Joshua
• 3:48:43
  Turner of Lawrence County Jail. OK, we need the jail.
• 3:48:52
  Back up. So I've got the other file now
• 3:49:05
  25625 and I had moved it to March the 9th.
• 3:49:09
  I'm trying to call me on OK something else we can put here.
• 3:49:21
  OK, I am going. To go ahead.
• 3:49:23
  And you can pick him up on March tonight.
• 3:49:25
  I'll pick him up. Some of these go on your driving
• 3:49:57
  record, like the careless driving.
• 3:50:06
  OK, so Dungeon Court is telling us to be done.
• 3:50:09
  That's clear. That's twice it's crashed and
• 3:50:13
  OBS has not crashed on me in. Months.
• 3:50:17
  So we're just going to cut our losses and we're going to call
• 3:50:21
  it a day. I mean, we only got like 5
• 3:50:23
  minutes to go anyways. But I hope you guys had fun this
• 3:50:26
  week. I know I did some good.
• 3:50:28
  Court, a new judge that we like, and yeah, some good times.
• 3:50:34
  So thank you all for joining me. We'll be back on Monday, 9:00 AM
• 3:50:38
  Eastern, 6:00 AM Pacific, 1/2 an hour earlier for channel
• 3:50:41
  members. We will be posting videos
• 3:50:44
  throughout the weekend. Barbara asked me in the chat
• 3:50:47
  about the best of streams. We did those for a few weeks and
• 3:50:52
  we did them as a test and the test was successful.
• 3:50:56
  So they will come back. But now I need to work on a
• 3:50:59
  system to get those done efficiently because those took a
• 3:51:01
  lot more time to build than I want them to.
• 3:51:04
  And I work off of systems and routines here.
• 3:51:06
  So we're working on a system to build those proper.
• 3:51:09
  So they'll be back in the hopefully near future.
• 3:51:12
  Any who, like I said, we'll see you Monday.
• 3:51:14
  Have yourselves a great weekend. Stop by the channel for some
• 3:51:17
  videos and shorts at some point when you have the time because
• 3:51:19
  we'll have them. But enjoy yourselves, see you
• 3:51:22
  Monday. Take care, God bless.