Latest / The Courtroom Files / March 23 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #255

Transcript

March 23 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #255 · The Courtroom Files

• 0:01
  Good morning, everybody. Happy Monday.
• 0:03
  Welcome to TCF live. My name is Dan Soul.
• 0:05
  I'll be with you for the next four or so hours.
• 0:07
  Let's get our day started. Allegan County Michigan.
• 0:10
  This is Judge Joseph Ellis in here, I understand Badger pin on
• 0:15
  behalf of Mr. Bishop for The Limited purpose of arraignment,
• 0:18
  we have reviewed the charging document.
• 0:20
  And way that's formal reading, his entering, a plea of not
• 0:23
  guilty and he does qualify for a court appointed attorney.
• 0:26
  We're request that this matter, be set for a pretrial and a jury
• 0:30
  trial honor. Thank you.
• 0:34
  Please. This for a jury trial indicate
• 0:36
  your requesting, an attorney at public expense court.
• 0:40
  File shows You released and the only in County Jail on a 500
• 0:43
  personal, recognizance Bond. Bill will be continued in that
• 0:47
  amount condition of bail. On this charge is these not
• 0:50
  possessed or consume any alcohol marijuana or a legal Controlled
• 0:54
  Substances. While the case is, pending case
• 0:56
  to be set first for pretrial conference, with the Prosecutors
• 1:00
  office and then for a jury trial, in this courtroom
• 1:03
  District courtroom a, the public defenders office says,
• 1:06
  determined. You are Indigent and they will
• 1:09
  be appointing an attorney for you at public expense.
• 1:11
  So, an attorney, from the public defender's office will discuss
• 1:14
  your case with you at your next court appearance.
• 1:17
  Next, court, appearance date and time will be sent to you by the
• 1:21
  clerk's office in the mail. So you are free to hang up the
• 1:25
  court for sitting this morning. We expecting that in the mail,
• 1:28
  okay? okay, so that's all I never had
• 1:32
  to do anything like this before, so that's all I got to do is
• 1:36
  just wait for my other booklet and then appeared to that and
• 1:41
  correct. Okay.
• 1:47
  Thank you. You're all set.
• 1:57
  That's 260657 SM people versus Emily.
• 2:01
  Marie Brown this morning for arraignment charge through a
• 2:05
  citation issued by the elegant County Sheriff's Department on a
• 2:09
  charge of operating an uninsured motor vehicle strip, measured
• 2:13
  please. Thank you your honor Sam Badger.
• 2:15
  Put on behalf of Miss Brown for The Limited purpose of
• 2:18
  arraignment. We have reviewed the charging
• 2:20
  document in way that's formal reading, she's entering a plea
• 2:23
  of not guilty and she does qualify for a court appointed
• 2:27
  attorney and we're requested. This matter, be set for a
• 2:29
  pretrial and a jury trial honor. Thank you.
• 2:33
  Once you're not guilty pleas set this for a jury trial and
• 2:37
  indicate your requesting, an attorney at public expense,
• 2:40
  we'll set bail at 1,000 personal recognizance, condition of Bales
• 2:46
  is that you not operate this 2010?
• 2:49
  Toyota and so insurance is obtained for the vehicle.
• 2:54
  He needs to be set first for a pre-trial conference with the
• 2:57
  prosecutor's office, and then for a jury trial, and this
• 3:00
  courtroom District courtroom a the public defender's office has
• 3:04
  determined. You are Indigent and they will
• 3:07
  be appointing an attorney for you at public expense.
• 3:10
  So an attorney from the public defender's, office will contact
• 3:13
  you and discuss your case with you at your next court
• 3:16
  appearance date. Your next court appearance date
• 3:19
  will be sent to you but the clerk's office in the mail.
• 3:21
  So you are free to hang up from the quarter City in this
• 3:24
  morning. Be expecting that in the mail,
• 3:26
  okay? Thank you, your honor.
• 3:30
  How to six zero six. Six two s m people versus
• 3:35
  Damian. Joseph Burke this morning for
• 3:38
  arraignment charge through a misdemeanor complaint issued by
• 3:42
  the elegant County Prosecutors office on a charge of stocking
• 3:46
  and a domestic relationship count to, as a charge of
• 3:51
  malicious, use of a telecommunications service and a
• 3:54
  domestic relationship. Mr. Badger please.
• 3:56
  Thank you, your honor Sam Badger pin on behalf of Mr. Burr for
• 4:00
  The Limited purpose of arraignment, we have reviewed
• 4:03
  the charging document and waive. Its formal reading is entering a
• 4:07
  plea of not guilty and he does qualify for a court appointed
• 4:10
  attorney where to request of the matter be set for a pre-trial
• 4:14
  and a jury trial honor. Thank you.
• 4:17
  What are not guilty pleased that this for a jury trial indicate
• 4:21
  your requesting, an attorney at public expense core, file shows,
• 4:24
  bills set at warrant authorization at 1,000 personal.
• 4:28
  Recognizance bill will be continued in that amount.
• 4:31
  At this time case to be set first for a pre-trial conference
• 4:36
  with the Prosecutors office and then for a jury trial and this
• 4:39
  courtroom, this courtroom a the public defenders office says,
• 4:44
  determined, you are Indigent and they will be appointing an
• 4:46
  attorney for you at public expense.
• 4:48
  So, an attorney, from the public defender's office will discuss
• 4:51
  your case with you at the date and time of your next court
• 4:55
  proceeding. Your next court proceeding date
• 4:57
  and time will be sent to you but the clerk's office in the mail.
• 5:00
  So you are free now to hang up in the corporate in this morning
• 5:04
  be expecting your next court appearance state in the mail,
• 5:07
  okay? Okay.
• 5:08
  Thank you, sir, have two files on Charles Richard Gomez.
• 5:13
  These are files, two six, zero, six one, one St.
• 5:17
  In a church of operating outside of a restricted.
• 5:21
  Driver's license and file 260610 St in charge of fleeing the
• 5:28
  scene of a property damage accident, Mr. Badger please.
• 5:32
  Thank you, your honor, Sam Badger premiere on behalf of Mr.
• 5:35
  Dodin for The Limited purpose of arraignment.
• 5:37
  We have reviewed the charging document and waive its formal
• 5:40
  reading. His entering pleas of not guilty
• 5:43
  and he does qualify for a quarter pointed attorney or
• 5:46
  request. This matter be set for a
• 5:48
  pretrial and a jury trial honor. Thank you.
• 6:03
  Each of these two criminal files will and are not guilty, pleased
• 6:06
  that these for jury trials. Indicate your requesting, an
• 6:10
  attorney at public expense and each file will set bail at 500
• 6:15
  dollars. Perler, recognizance, condition
• 6:17
  of bail is he not operated motor vehicle outside by the Michigan.
• 6:24
  Secretary of State's office. Both of your cases will be set
• 6:28
  for pre-trial conferences with the Prosecutors office.
• 6:31
  Both will then be set for jury trials.
• 6:33
  In this courtroom District, courtroom a the public
• 6:37
  defender's office has determined, you are Indigent and
• 6:40
  they will be appointing an attorney for you at public
• 6:43
  expense. So, an attorney, from the public
• 6:45
  defender's office will discuss your case with you at the date
• 6:48
  and time of your free trial conference.
• 6:50
  Pre-trial conference date and time will be sent to you but the
• 6:54
  clerk's office in the mail. So you are free to hang up in
• 6:57
  the court proceeding this morning.
• 6:58
  We expecting that in the mail. Okay, thank you, honor. 254077
• 7:05
  USM people versus Macy. Lee lafountain.
• 7:08
  It was morning for Raymond charge through a misdemeanor,
• 7:12
  complaint issued by the elegant County, Prosecutors office in a
• 7:16
  church of assault and battery. Your badly.
• 7:19
  Thank you here. Honor Sam badger on behalf of
• 7:22
  Miss LaFontaine for The Limited purpose of arraignment.
• 7:25
  We have reviewed the charging document and wave its formal
• 7:28
  reading. She's entering a plea of not
• 7:31
  guilty and does qualify for a quarter pointed attorney where
• 7:34
  to Quest at this matter be for a pre-trial and a jury trial on
• 7:38
  her. Thank you.
• 7:39
  Are not guilty. Pleas set this for a jury trial
• 7:42
  indicate your requesting, an attorney at public expense
• 7:45
  Court, bios be able to sit at Warren authorization at 300
• 7:49
  dollars, personal recognizance bill will be continued in that
• 7:53
  amount at this time condition of bail on this charity.
• 7:56
  So you have no contact with Greer Carlisle Pride.
• 7:59
  While the case is pending, he used to be set first for
• 8:03
  pre-trial conference with the prosecutors office and then for
• 8:06
  jury trial, in this courtroom District courtroom a the public
• 8:11
  defender's office has determined, you are integer and
• 8:13
  they will be appointing an attorney for you at public
• 8:16
  expense. So the journey from the public
• 8:18
  defender's office will contact you and discuss your case with
• 8:22
  you at the date and time of your next court appearance.
• 8:25
  Next quarter parents date will be sent to you by the clerk's
• 8:28
  office in the mail. So, you are free to hang up the
• 8:32
  court proceeding this morning, the expecting that in the mail,
• 8:35
  okay? Okay, thank you.
• 8:39
  About 260687. SM people versus Jeffrey,
• 8:44
  Michael Larson here. This morning for arraignment
• 8:47
  charged through a misdemeanor complaint issued by the Allegan
• 8:51
  County, prosecutor's office, and a charge of domestic violence
• 8:54
  Mr. Patrick please, thank you, honor Sam Badger put on behalf
• 8:59
  of Mr. Larson for The Limited purpose of arraignment, we have
• 9:02
  reviewed the charging document and wave its formal reading.
• 9:05
  He is entering a plea of not guilty but does not qualify for
• 9:09
  a court appointed attorney as his income exceeds, the
• 9:12
  indigency requirements. we request that this matter be set
• 9:15
  for a pre-trial and a jury trial and we would also like to
• 9:18
  address Bond at this time or Had regarding your field requests in
• 9:24
  her honor. We would request that bond be
• 9:26
  amended to allow Mr. Larson to leave the state as he lives out
• 9:30
  of state. Let me pull up, I believe it's
• 9:32
  in Illinois. If I remember correctly, but I
• 9:35
  can get the actual state. Still in Michigan.
• 9:40
  At this time, correct. Indicate your request for a
• 9:49
  public defender is being denied by the public defenders office,
• 9:53
  so, with that Mr. Larson you have two options either to hire
• 9:59
  your own attorney. In this case, or represent
• 10:01
  yourself, you intend to hire your own attorney or represent
• 10:05
  yourself. I'll be hiring an attorney.
• 10:07
  Okay with that, then I'll set this for a jury trial fail.
• 10:12
  In this case was set at Ward authorization at 500 dollars,
• 10:15
  personal recognizance, This is a protective Bond, we'll continue
• 10:21
  bail in that amount. I will amend the bail to
• 10:25
  indicate. You may leave the state of
• 10:27
  Michigan. While the case is, pending your
• 10:29
  case will be set first for a pre-trial conference with the
• 10:33
  Prosecutors office. And then for a jury trial, in
• 10:36
  this courtroom District courtroom a, at this point,
• 10:39
  Court staff will mail to you the date and time of your next court
• 10:43
  appearance. If you do hire a lawyer, be sure
• 10:46
  to forward the date and time on your attorney.
• 10:49
  With that, you are all set to be expecting your next court
• 10:54
  appearance date to be sent to you in the mail, okay?
• 10:56
  Thank you, sir. Appreciate it.
• 10:59
  About two, six zero four, five, nine.
• 11:02
  Good morning. Once again, everybody TCF live
• 11:04
  on a Monday, good to have you here.
• 11:06
  I see up in my fees at the moment.
• 11:08
  There's something going down at LaGuardia, apparently in Eric
• 11:12
  Canada plane, collided with something looks like on the
• 11:15
  runway or tarmac somewhere. The two pilots are dead and 41
• 11:21
  have been taken to the hospital. So I'm going to try to get more
• 11:24
  info is exactly what that was all about, but we do Court here.
• 11:28
  So let's continue with that here on Connie Michigan.
• 11:30
  This is Judge Prill 24 FH image for Raymond.
• 11:36
  The defendant is President represented by attorney.
• 11:39
  Elizabeth people are represented by prosecuting attorney.
• 11:42
  Timothy J rokowski his wife mark his weisenbach, have you
• 11:46
  received a copy the information if you and your copy Ryan had
• 11:49
  the opportunity to review it and you waive the reading as well.
• 11:52
  Yes, here's a plea agreement here.
• 11:54
  Correct. So would you please raise your
• 11:57
  right here? That testimony about giving us
• 12:05
  The terms of the plea agreement on the road.
• 12:08
  Yes, your own. Mister humans would be pleading
• 12:11
  guilty to both counts and that people agree not to bring any
• 12:14
  additional cops. His wife, some Bach is that your
• 12:17
  understanding he wants. Is that your understanding as
• 12:24
  well, sir. Yes, and you wish to accept this
• 12:26
  plea offer. Yes, there.
• 12:27
  Any other terms to The Plea offer that we've not covered on
• 12:30
  the record? His wife.
• 12:32
  Do you agree industry? Trimmer probation or parole if
• 12:39
  you had sufficient time to speak to his wife about this?
• 12:42
  Do you need any additional time to speak?
• 12:44
  Is there anything affecting your mind or brain making it
• 12:47
  difficult to make important decisions?
• 12:49
  They're mine in the information. So your charge was an that isn't
• 12:54
  count one and lawful posting of a message that is a felony,
• 12:58
  carrying a maximum prison sentence for two years and or
• 13:01
  final 5,000 dollars, Also indicates that you may have to
• 13:05
  reimburse the government for expense incurred in relationship
• 13:08
  violation in account to your charged with a misdemeanor known
• 13:12
  as telecommunications service malicious use.
• 13:14
  Again, that is a misdemeanor, carrying a maximum County jail
• 13:18
  sentence up to six months. And, or a final 1,000 dollars to
• 13:23
  understand the charge charge is that is in the maximum sets
• 13:26
  understanding that then Mr. Humans, how do you plead to both
• 13:31
  honor about January, 6th 2026 in the city of Harvard Beach
• 13:35
  Gardens and receive an advice of Rights form.
• 13:42
  As a signature on, it has the printed name of Cameron's.
• 13:45
  Did you sign the stock documents before signing it?
• 13:49
  Did you read it over? Yes.
• 13:50
  Did you also go over it with my understand?
• 13:53
  The rights contained on the form?
• 13:54
  I'm pleading guilty, you're giving up those rights, you will
• 13:59
  not have a trial of any kind or have any opportunity that is to
• 14:03
  contest your guilt and All That Remains.
• 14:04
  After today will be for you to be sentenced.
• 14:07
  If these police are accepted, you'll be giving up any piece of
• 14:10
  the results of the promises or threats, not disclosed of this
• 14:13
  court, during the sleeping, you'll be giving up any claim.
• 14:17
  These are not of your own Other than the terms of the plea
• 14:22
  agreement as provided by Mr. Rokowski is anyone promised you
• 14:25
  anything such as leniency guilt, the understand that no one can
• 14:29
  make any promises from the court as to how the court will dispose
• 14:32
  of this case. That is no one can promise that,
• 14:34
  the court will be easy on. You opposing sense?
• 14:36
  Yes. Is anyone promise the court
• 14:39
  would be easy on you and one threatened, you to enter these,
• 14:41
  please these please, your own free choice.
• 14:44
  Financial Obligations court costs are doing payable a time
• 14:47
  of setting unless there's good costs and that you're subject to
• 14:51
  a 20% late penalty for the unpaid Court.
• 14:54
  Obligation do 56 days following your conviction sets finally
• 14:59
  please, please are accepted. You may be giving up the right
• 15:01
  to appeal issues that would otherwise be appealable if you
• 15:04
  were convicted at a trial for any plans for the convictions
• 15:08
  and sentences pursuant to these, please will be by application
• 15:11
  for leave to appeal and not understand all those rights.
• 15:15
  Any questions you wish to establish a factual base please.
• 15:22
  Okay. And we're here.
• 15:37
  And where you putting online using the internet, some post
• 15:40
  that worked inappropriate to that would have caused carry and
• 15:44
  or Timothy Kaiser to feel harassed. things to the effects
• 15:48
  of these were Comments on Facebook post, with every direct
• 15:53
  station so they were for everyone in your friends group
• 15:56
  to see and Friends group of seasons are.
• 15:59
  So that's a lot of people not necessarily public but it's out
• 16:04
  there. Right things to not to the
• 16:07
  effect that you would kill for the visual.
• 16:09
  But insults could be construed as racial slurs if they had
• 16:15
  actually been applicable for us going crazy.
• 16:19
  And just Comments, is that correct?
• 16:26
  Okay, so with regards to count to you, you were using your cell
• 16:30
  phone to do this. So a telecommunication devices.
• 16:38
  And serves carry and or Timothy's.
• 16:44
  Objections know, you're wearing any promises threats are
• 16:50
  inducements for these other than what's been disclosed?
• 16:52
  No, you're right. There's a core complied, with
• 16:55
  the court will concerning please.
• 16:57
  It has Runner. Yes, and Mr. He was, there's no
• 17:01
  agreement made by the core concerning the police and what
• 17:04
  the sentence that will be. Accurate.
• 17:06
  Yes, that's why it's about you agree.
• 17:08
  Yes. Right or we'll accept the police
• 17:11
  are done freely the voluntary their understanding and
• 17:13
  accurate. There's a sufficient fashion
• 17:15
  basis, we'll accept the police and schedule sentence.
• 17:40
  What day is that? June 1st, June 1606 at 9 a.m.
• 17:48
  prior to sentencing. The court is ordering a presets
• 17:50
  investigation report to be prepared provided to both
• 17:53
  Council in the court, at least two days prior to that citizen
• 17:57
  guidelines shall be scored. 14 days prior to sentencing
• 17:59
  Council. Any objections scoring of the
• 18:02
  guidelines must file and writing with the court no later than
• 18:05
  seven days from sentencing Mr. Humans must be in the courtroom
• 18:08
  at time of Sensei, there's any supporting documentation must be
• 18:12
  submitted to the Cardinal later than seven days sentencing any
• 18:14
  objection written. Must be filed three days there
• 18:17
  at bottom set of 3500 dollars, personal recognizance for any
• 18:22
  objection to continue. No objection.
• 18:28
  He'll be meeting with probation agent to schedule an
• 18:34
  appointment. Make sure you follow through
• 18:36
  with that and we will then see you then on that June day.
• 18:43
  Okay, friends. Let's stay in Michigan but we'll
• 18:46
  go say good morning to judgment McNally. 0528.
• 18:52
  For non-payment of rent. Did you know that was pending
• 18:55
  actually? Did you know that was pending, I
• 18:59
  don't think that there's a penny case on game.
• 19:01
  Yes, there is and I hear the government going out there.
• 19:07
  Well, that's still pending I mean it.
• 19:08
  Okay, there was a judgment entered on March. 5000.
• 19:17
  He's not following Community roles, they're separate and
• 19:19
  distinct. Did you know about this other
• 19:23
  case? Why didn't you?
• 19:27
  Well let's stay here. The one I was out on first of
• 19:30
  all, what do you want to say in jail?
• 19:31
  I mean I was out there this morning and there's Dog.
• 19:37
  Excellent. The soul but there's actually
• 19:38
  blew. All right, I have photos of.
• 19:41
  Let's see it. I was out there.
• 19:43
  Yeah, I still break next to you. I didn't see enough.
• 19:47
  I'm not throwing him out base on what I've seen, he's clean the
• 19:50
  property up immensely. so, So let me ask her on this, you
• 19:55
  don't have to ask me anything, you can make an argument to me.
• 19:58
  You're not gonna ask me anything.
• 20:00
  Go ahead. So every single time Mr.
• 20:03
  Castillo. So it doesn't file a community
• 20:08
  rules procedures. The only way to get them to do,
• 20:11
  this is get the important have just over there and look at his
• 20:14
  property to twice. That's not right. okay, no,
• 20:18
  that's not so This is the problems.
• 20:22
  Keeping business and Mr. Castillo is not process.
• 20:26
  We have He has. I believe that we've proven
• 20:31
  enough just through the course of this individual case.
• 20:34
  What was wrong with the property today?
• 20:37
  Well, what's wrong with it? No, from the short time and I
• 20:40
  was there. The first thing that I love that
• 20:42
  was dog food right on the on the overgrown.
• 20:46
  Lawn I mean, you can you overgrown once?
• 20:55
  It down. Okay, you're not gonna argue
• 20:58
  with, I'm not gonna yell at me. And I was there.
• 21:03
  I saw him. Let me see your photograph.
• 21:06
  That you're going to tell me makes the one overgrown
• 21:09
  overgrown in the middle of March, or the latter part of
• 21:12
  March. He's, I don't know.
• 21:15
  That's possible for a long to be on her grown in the latter part
• 21:19
  of March. What was that?
• 21:21
  What is this? there's your daughter has been
• 21:26
  sitting there for a and the reason why it's long is because
• 21:30
  he had to cut it. So it's been like that through
• 21:33
  the whole winter. You got here?
• 21:54
  Failed to maintain the exterior of your home and home site.
• 21:58
  In accordance with the community rules and regulations.
• 22:01
  By Finn the paint or stain, the steps. fail to power wash, the
• 22:07
  home shed and only failure to maintain landscape pair to
• 22:13
  remove improperly stored outdoor items.
• 22:15
  I think those are pretty well done.
• 22:19
  Cherry removed debris, in bulk items from the yard.
• 22:23
  Other than on the pool we have some things.
• 22:26
  I'm not excited about they're not going to rise to the level
• 22:29
  of violation Community rules and regulations.
• 22:33
  You can see anything that was their bad.
• 22:35
  Very replace damaged window treatments. fear to maintain the
• 22:41
  general clearing appearance of the home sells you're asking me
• 22:50
  for a just cause termination and I'm not going to blame There's
• 22:55
  not even a tribal issue here at this point.
• 22:58
  I'm dismissing this case. Case dismissed. and, Mr.
• 23:06
  Castillo listening. He does raise a family point.
• 23:12
  You can't. You can't live in the community
• 23:16
  now. If you live without Monroe
• 23:18
  County on your own property, where there's nobody do what you
• 23:21
  want, I mean, as long as you're complying with City Town, City
• 23:29
  or Township ordinances. Can't do this in the community.
• 23:34
  And I've gone on my way here. He's correct to go see the
• 23:37
  property twice because I hate to see you lose the home.
• 23:42
  Now. I'm going to tell you something,
• 23:46
  I'm going to remember this case. And it has It's going to come in
• 23:52
  front of me, if it comes back. And if I have to go out and look
• 23:56
  at that properly, I mean this is twice, right?
• 23:59
  I went last one day and this Monday.
• 24:02
  I'm going to remember it, and I'm not going to be forgiving
• 24:06
  about. Do we understand?
• 24:10
  Fully and complete. Now.
• 24:17
  You have the money to pay on this other judge.
• 24:20
  We have all for a lot, right? What you have?
• 24:26
  this judgment and they brought it to my honestly.
• 24:34
  I don't remember every case I call here.
• 24:36
  Okay, and there's a lot of people with a lot of Familiar
• 24:41
  names, you sounding names. And I did not remember this was
• 24:45
  you, or I probably wouldn't granted this, but I got this
• 24:48
  back in February. They never filed an application
• 24:51
  for a rick. This is for some. 1766 73 cents.
• 25:00
  You have that to pay. Judge it.
• 25:10
  Just to clarify judge, they did file a writ.
• 25:13
  It just has not been signed yet because we had court today, I
• 25:17
  see I see Okay, today. Pardon you.
• 25:29
  Get the money. How do you have the money?
• 25:33
  Are you prepared to accept the cash?
• 25:36
  No, you must pass the time days. He should have paid her on and
• 25:43
  we demand for real. I mean that's what the law
• 25:45
  requires. I mean, she paid us.
• 25:52
  Hi to another device keyboard class.
• 25:56
  And you can help my friend when I sudden the Dental in my
• 26:00
  sember. After being after judgment to
• 26:03
  put it in one sticks that put it in, it was held.
• 26:07
  And until after he just said, and it wasn't fast due to this
• 26:11
  circumstance right here. Usually fine with this.
• 26:14
  Okay, so you filed on the other one, they weren't accepting the
• 26:17
  rent. They were they didn't accept my
• 26:20
  rent. They, I put the money orders in
• 26:23
  and they weren't cached until. After the New Year, I put them
• 26:27
  in on one sixth, one ordered and they didn't work in cash when
• 26:30
  they turned me off. So I was like, are you on this
• 26:34
  or do you want me to get the lawyer that was on this?
• 26:36
  I don't know who he's on this. I wasn't.
• 26:38
  I don't know what's talk about, but it doesn't mean we sucks.
• 26:44
  Well on that sign in the river without a hearing. so Jennifer I
• 26:51
  told you what I'm doing I announced on I'm doing on the
• 26:53
  termination showcase and on this one I want you to shut that.
• 27:01
  You we don't know who was on this case, if just maybe a whole
• 27:08
  lot, maybe a half hour, I think he passed.
• 27:14
  Well, you can get Mr. Levine Mr. Levine's on the case, it looks
• 27:18
  like It looks like I could be wrong.
• 27:20
  I don't know who was on this. Who's got?
• 27:25
  It. Looks like a three p number.
• 27:29
  Oh three. It looks like it could be six
• 27:32
  three. I don't know.
• 27:33
  Looks like a parenthesis and then 31797.
• 27:37
  I'm going to show you this signature.
• 27:39
  Maybe you can tell who from your office here at this signature.
• 27:56
  That's what was the Peanut. Looks like David lovely.
• 28:01
  He was seven and so that's what I was thinking.
• 28:03
  Yeah, I was in Florida so John Arthur.
• 28:08
  John, our tune. She with your parents.
• 28:17
  Know that looks like they. Want to send you, they can send
• 28:31
  you. When did their office refused to
• 28:40
  accept rent, they took my money order.
• 28:43
  I started on 22nd of what month 26th of December.
• 28:47
  They will Dash till after January 2nd, I called on
• 28:51
  January. 2nd had no cash and I called probably I believe it was
• 28:55
  two days later. Well, why didn't you pay the
• 28:59
  February in Marchman? just leave everything and by
• 29:04
  who, Okay, I don't want you to know I want, I don't want to
• 29:09
  know what you're told you. You're gonna have to file a
• 29:20
  motion to set aside in the fall, that's what's gonna happen, and
• 29:23
  I'm gonna set the date. for motion for entry or, or entry of
• 29:31
  RIT I'll set that for hearing ramp application for a rich.
• 29:37
  So, we'll set the here, hearing on application for RIT motion,
• 29:41
  set aside the false judgment Jennifer.
• 29:43
  I want to put this in next week, sometime if I can the 30th at
• 29:48
  9:30. Next Monday, one March 30th at
• 29:52
  9:30. Technically, he's required to
• 29:59
  e-file with that day. Why don't we do this?
• 30:04
  Why don't we do it on the first? Of April, can I fit one in
• 30:08
  there? On Wednesday.
• 30:12
  Yes. Let me just pull that up.
• 30:23
  Do you file your emotions side? Default judgment today. you
• 30:27
  understand, you know, you're gonna file a motion to set aside
• 30:31
  the full judgment on this second case, the one I just call
• 30:35
  260-0528 Hearing. On application for Rick and
• 30:42
  motion to set aside default. To be set for what date April.
• 30:48
  You want first 10:30 at 10:30. What do I have that morning?
• 30:53
  Um, you have Brownstown. There's a arraignment at 10:30
• 30:59
  so that's that'll be fine. That's what I'll do.
• 31:01
  So you guys can, I don't know who's gonna appear on Judge.
• 31:05
  Pardon Me by Zoom. Yeah, you can appear by Zoom.
• 31:09
  How could I think I'd like the You bring your money, you
• 31:15
  understand. I know.
• 31:17
  Well, don't forget it. You come in person.
• 31:21
  Although they won't have anybody here in person.
• 31:23
  I'll figure it out. You bring your money.
• 31:25
  I have a business. Not really because you have a
• 31:31
  judgment. You didn't pay within 10 days.
• 31:34
  Okay. I've never seen firms to almost
• 31:39
  get a tan file, two, separate actions that just cause
• 31:42
  termination or non-famous. Rent, there are ongoing at the
• 31:46
  same time. and if they're going to do that, There should be an
• 31:52
  indication to the judge. And the second filing should
• 31:55
  have to say. There is another action pending
• 31:59
  So I was just told you that another one there, once in front
• 32:03
  of me and ones in front of judge us.
• 32:06
  I'm not saying you but your office.
• 32:09
  I've never seen them do this before.
• 32:11
  I've never seen any laws to this before.
• 32:14
  So, I don't know what? There's just a Brush some kind
• 32:19
  of misunderstanding or what have you, but I've never seen that
• 32:23
  happen. That's all I'll say about us.
• 32:25
  I'm sorry. This is the first from the best
• 32:28
  landlord and that practices they've seen.
• 32:32
  So I've never seen them do that before.
• 32:34
  But anyway what work it out. Next week the phone out here,
• 32:38
  the phone has to leave. Sure.
• 32:42
  You got to take phone on, phones, got to leave the
• 32:45
  building now. Please guys.
• 32:48
  Please. Sir, phone out of building,
• 32:52
  okay? We got.
• 32:55
  Signs all over. They have to be muted.
• 33:01
  All right. That's what I'm doing.
• 33:02
  Thank you both have a good day. Thank you.
• 33:06
  All righty. Everybody wants to good morning
• 33:08
  TCF live, happy Monday, or as happy as your Monday, can be
• 33:12
  however you want to look at it. Let's Go to Wexford County looks
• 33:17
  like judge elmore's going to do a sentencing.
• 33:23
  Cards on. Yeah.
• 33:27
  Your failure who joins my Council table?
• 33:29
  Thank you. All right.
• 33:44
  Court also recognizes before this morning.
• 33:46
  Mr. Stephen Sally. He is the agent from the
• 33:50
  Michigan Department of Corrections, to prepare to be
• 33:52
  free sentence investigation report.
• 33:57
  We're here today for sentencing on. this case in which there
• 34:02
  were five convictions. one foreign lawful Drive Away of a
• 34:09
  motor vehicle failure to report an accident to fixtures home
• 34:13
  invasions Attempted assault, resistance structure, police
• 34:17
  officer and a Opera volume pairs.
• 34:26
  Let's say a test. On the PSI cfj. 145 page one.
• 34:33
  I just think that's a probably a title Yeah, yeah, I'm just say
• 34:39
  it. The 10th are all listed there,
• 34:42
  but if you look on cha 145 page, one on the chart test, that's an
• 34:48
  area. With top of that page, we're
• 34:52
  going to change the settings and date, that originally must have
• 34:56
  been set for sentencing last week, but due to the storms, we
• 35:00
  had canceled Court. Also here today with Mr. Hartel
• 35:04
  represents him previously. Thank you, yes.
• 35:14
  Come program works. Can put in like a dash or a
• 35:17
  slash and put Mr. Vento's name as well.
• 35:19
  Okay, thank you. All right.
• 35:38
  That's not appear that I made in the other notes for go ahead and
• 35:43
  turn it. You have any Amendment
• 35:47
  Corrections or objections to make today?
• 35:49
  Yes, a few 145 page two the jail credit should be just, oh yeah,
• 35:56
  thank you. So we need to add another seven
• 36:00
  days or yes, so that thank you. We've got 212 days.
• 36:06
  We're going to extend that day from March 15th, dates data,
• 36:10
  March 23rd. Cfj 284 page, one.
• 36:16
  In the second paragraph. Let's count Aid attempted police
• 36:21
  officer. This obstructed two-year phoney.
• 36:23
  Since it's an attempt, that should be a one year.
• 36:26
  Yeah. And then in the fourth
• 36:29
  paragraph, second sentences also abused opiates in the past
• 36:34
  called and then Galaxy gas. I look this up, it is nitrous
• 36:38
  oxide, not feeling gas. Any objection that mystery
• 36:43
  evento. Yeah I think you thank you.
• 36:46
  And then on CFG 284 page four just out of the abundance of
• 36:52
  caution for any of the politicians, I would ask that
• 36:55
  you strike just above consecutive sentences that Delta
• 37:00
  9 carboxy THC amount. That's not Which is.
• 37:11
  Carboxylation, yes. Yep, all right we'll go ahead
• 37:15
  and make that change. Thank you.
• 37:17
  That is everything. I had.
• 37:19
  Thank you. All right, Mr. Ventum, same
• 37:47
  question. I think Karen, I have a
• 37:53
  Beautiful quote, for my client other than what it's been noted
• 37:57
  for Karns, I would not have anything.
• 37:59
  I would bring the first attention at this time.
• 38:00
  However, I would also note that My client does have limited
• 38:06
  reading or writing. We've gone through the best of
• 38:09
  my ability. I do not see anything that jump
• 38:11
  out and we are not contesting. What has been summarized based
• 38:16
  on what was in the police report?
• 38:17
  That seems a pretty accurate reflection of what was a police
• 38:20
  report. We're not going to get into
• 38:21
  nitpicking and details about what was in the literature.
• 38:24
  Thank you. All right, thank you very much.
• 38:27
  Mr. Vander does have a guardian who just do it?
• 38:30
  Oh, thank you very much. I also joined this.
• 38:33
  Now, this morning is Mr. Taylor's Garden.
• 38:37
  This is Lee. Storch.
• 38:41
  Am I saying that correctly? Yes your honors.
• 38:43
  That's spelled s t. O r c h Lee is l e.
• 38:51
  All right, let's go and turn it over to the people now.
• 38:53
  Yes, man, I just want to verify the court receive our mitigation
• 38:57
  report that was submitted back in the November. yeah, yeah, and
• 39:02
  looks like I Well. You said November 4th of 25th?
• 39:09
  Yeah, looks like you must have submitted a second and then I
• 39:14
  also saw her social workers committed to mitigation report
• 39:17
  on 11th floor 25 and then I submitted a sentencing memo on
• 39:22
  Sorry. I don't have the date on my copy
• 39:23
  right before last, I do March 13th.
• 39:26
  So yes, in fact on the first one I'd written the phrase.
• 39:31
  Why is this so old? And then I got the other one on
• 39:34
  last Thursday or whatever. I think it went know whatever.
• 39:38
  It was a couple weeks ago if I made.
• 39:40
  Also elaborate a little on the procedural by the mitigation was
• 39:43
  report. That was when Mr. Hotel was
• 39:45
  covered. For me, I was on the Trinity
• 39:47
  leave and that was right around the time.
• 39:49
  I had went on maternity leave so the plan has been out more into
• 39:54
  this mouth for a bit now. Yeah, no, it's okay.
• 39:58
  I understood once I once I got the other one had a little file.
• 40:05
  That it was so old. And again, that first one was
• 40:12
  actually was prepared by social worker.
• 40:14
  That's Mr. Vinegar. And i g e r who works for the
• 40:20
  public defender's office again, that page that one was actually
• 40:24
  three pages. All the fourth paid attached,
• 40:28
  email. And then again, Mister
• 40:30
  submitted, what have been the Friday before if we were had
• 40:35
  done something last week. All right, Mr. Carmen SpongeBob.
• 40:42
  Here. This is kind of shocking series
• 40:49
  of events. That occurred here.
• 40:50
  I read it for the first time morning.
• 40:55
  And Mr. Failure was an extreme. Danger, entire city Cadillacs
• 41:04
  Portion by the high school stealing the car.
• 41:08
  While intoxicated, by alcohol and marijuana.
• 41:12
  Running it into the high school science significant damage and
• 41:16
  then running from police. And absolutely think this kind
• 41:22
  of conduct. Merits of prison sentence.
• 41:26
  However, then I do get to reading about Mister fails.
• 41:36
  Difficulties. He had growing up and I do all
• 41:39
  look at his age and I think the department of Department of
• 41:44
  Corrections recommendation here for a 12 months, jail sentence
• 41:47
  and probation is ultimately reasonable.
• 41:50
  I would not be 18. That's recommended.
• 41:56
  Thank you. Mr. Vento, thank you, you are
• 42:02
  very sorry. I miss Fritter is here, but they
• 42:05
  can statement to read. I saw she was here but she was
• 42:07
  sending by herself. So I thought maybe she was gonna
• 42:09
  tap you on the shoulder past the message.
• 42:12
  I'm sorry. Go ahead, man.
• 42:16
  This. Brick from the prosecutor's
• 42:20
  office, she is there a victim at and they get to coordinator.
• 42:23
  Yes, paper away from Michael. Oh yes, thank you.
• 42:28
  I'm the early morning of March 27th. 2025 to steal my 2022,
• 42:49
  Chevy tracks, and crashed into the Cadillac school, Brick sign
• 42:53
  and told it Do you realize how many kids you could have put in
• 42:57
  danger at school? Would have been in session?
• 43:00
  And to come back to my house, right?
• 43:03
  After all of that. And my husband left for work to
• 43:05
  be with me asked, if you could get our pet, our dog, while
• 43:10
  going to our yard by our yard to steal my neighbor's car.
• 43:15
  Want you to realize how this has impacted my life.
• 43:18
  I used to love to take my dogs for walks and I look over my
• 43:22
  shoulder or walk the other way if they mail his approaching me.
• 43:26
  And having nightmares that you get a hold of me and not make it
• 43:31
  to my house my husband has to wake me up and call me down from
• 43:34
  punching and screaming. I've been in counseling because
• 43:37
  of this incident I had to buy another car with a higher
• 43:40
  interest rate and higher payments.
• 43:43
  We now have security cameras on our house and the person who has
• 43:47
  a soft heart and never wished for bad things to happen to
• 43:50
  people. I sincerely hope that whatever
• 43:53
  your sentence is, the help you need and the time to realize,
• 43:59
  how many lives you impacted on that morning?
• 44:07
  Last night from this carries, she does want to see a GED
• 44:15
  completion. There was a part of me sir.
• 44:18
  Thank you. Mr. Taylor appears before the
• 44:27
  court today as a different person than he was.
• 44:30
  When he committed these events, you need to get some progress.
• 44:34
  Background on the situation at the time.
• 44:38
  Mr. Failure was 17 and he was on Juvenile Court probation because
• 44:41
  of these events and bound up to the surface to this honorable
• 44:45
  Circuit Court. He was then, as part of his
• 44:49
  juvenile probation, following is about events placed in to the
• 44:52
  Ottawa center, Rise program, which he successfully completed
• 44:54
  and which we concluded proof of inner mitigation report
• 44:57
  following completion of that program.
• 44:59
  He was transferred to the westward County Jail where he
• 45:02
  has remained since and he's already at 20012 days credit to
• 45:06
  my understanding since being transferred there he has had no
• 45:08
  behavioral issues while in the jail and at this point he has
• 45:11
  been sober for significant period of time.
• 45:14
  He realizes that alcohol is a major contributing factor as
• 45:18
  well as other drug abuse and the mitigation report gets into the
• 45:22
  situation that present himself in growing up.
• 45:25
  I would also emphasize for the court that twice during these
• 45:29
  proceedings. Mr. Failure has been examined
• 45:31
  for companies. And the Probate Court
• 45:33
  proceedings. And then once found out to
• 45:35
  Circuit Court, I also requested an evaluation.
• 45:37
  It was again, found to be competent and criminal
• 45:40
  responsible, but I would emphasize as I know that in my
• 45:43
  request for the support from probate evaluation, he was born
• 45:49
  He has significantly proved and he would like to address the
• 45:53
  court today. The drugs and alcohol are the
• 45:56
  underlying problem here. I think we can all agree that.
• 46:01
  Mr. Failure has had the time to truly reflect upon his actions
• 46:05
  and realize that the path he is going down despite dangerous,
• 46:07
  especially for someone who is already has risk factors due to
• 46:12
  where it came from and due to his other developmental
• 46:16
  considerations and background. I would emphasize the snow
• 46:19
  factors here, which I also discussed in my sentencing
• 46:23
  memorandum. Most important factor is
• 46:27
  protection of society. Even a maximum prison sentence
• 46:31
  here, Mr. Failure would eventually be released What was
• 46:35
  to get, keep him on the track of Rehabilitation and sobriety.
• 46:42
  We have an opportunity here to give him, the schools needs to
• 46:45
  stay sober and he has a motivation to do that.
• 46:48
  This is his first case of the adult criminal system and it has
• 46:52
  certainly talked him. It's very different than the
• 46:54
  juvenile system. He does not want to be caught up
• 46:56
  in this system again. The next factor is punishment of
• 47:02
  the Thunder. Well, this was very serious and
• 47:04
  we do not calculate that Mr. Taylor again, he would like to
• 47:07
  speak on. The danger, he presented.
• 47:10
  And he realizes he could have killed himself or someone else.
• 47:14
  Something that he might not have realized at the time.
• 47:25
  He has made that progress. So, with the Rise program,
• 47:30
  Participating in Council of the jail and he is also taken steps
• 47:33
  to get a guardian. He did not oppose the
• 47:35
  appointment of Miss Stewart. Who joins us via Zoom today.
• 47:40
  Third factors deterrent. Again, I emphasized that this
• 47:43
  has only got ahead of myself, a bit of mild tuition.
• 47:49
  Going through the adult system, has taught him the lesson and
• 47:51
  giving him cool through the Rise program, to reduce in the na na
• 47:58
  na courses in the jail. And through these assistance of
• 48:00
  mistich have given him an opportunity to take advantage of
• 48:05
  doctors to become sober and stayed over and learn needed
• 48:09
  like skills. The goal is to read.
• 48:18
  The final goal is to rehabilitate Mr. Taylor is
• 48:21
  Young, he has the ability to turn things around and become a
• 48:24
  productive member of our society.
• 48:27
  He has already shown through his acts since these events occurred
• 48:31
  that that is his goal and he is capable of doing that.
• 48:35
  Yes, he continued to give them those opportunities.
• 48:37
  Now if you realize is that there is still some time in jail that
• 48:41
  may need to be served and he welcomes what the court thinks.
• 48:44
  This fair and proportionate given all the factors of this
• 48:47
  situation. That said, we just perspective,
• 48:50
  he'd be able to remain in County.
• 48:52
  He's been working on building up connections, with Community
• 48:55
  Mental, Health, and local connections.
• 48:57
  So that a constant release. He will go for stable and be
• 49:00
  able to continue his efforts towards long-term sobriety
• 49:04
  towards his GED, or a career towards becoming a normal and
• 49:10
  productive member of society essential prison.
• 49:14
  May be extremely Limited in his ability to access those
• 49:17
  resources and upon his release, he would not have build up those
• 49:21
  connections to the community that he is going to need for
• 49:25
  that transition. There is also concerned about
• 49:27
  the Guardians of the ability to contact him in that situation.
• 49:31
  His Guardians, all great support, what she didn't have
• 49:34
  for, she was able to help him navigate necessary resources, so
• 49:37
  that he has housing and medical care as a way of paying for his
• 49:42
  day. To day needs things which did
• 49:44
  not exist before. previously, when he was before, this course
• 49:47
  he wasn't homeless you He consideration of all these
• 49:52
  things, your honor, we would just respect the request the
• 49:54
  court order any additional jail time, be served locally so that
• 49:58
  those connections he's been working up, do not get severed
• 50:01
  and also he is willing to consent to whatever probation or
• 50:05
  probationary terms of the Court believes is necessary.
• 50:09
  He realizes that if he makes any mistakes that the court cannot
• 50:12
  be, as merciful as it may be with others, due to the severity
• 50:16
  of his offenses and consideration of all that.
• 50:20
  You respect the request counting time, with whatever probation
• 50:23
  report thinks is necessary. I will answer failure to make a
• 50:26
  statement. Mr. Failure.
• 50:32
  He could help you to read that by sitting down, you're able to
• 50:35
  sit down. That's fine.
• 50:36
  And I know your name is restrict your hands.
• 50:38
  Yeah, to the city of Canada. I am so lucky, guys.
• 51:00
  I think if you give me information, I was completed out
• 51:03
  very doubt or failure to report. I am already on the court that I
• 51:09
  And capable of completely program like the Live program.
• 51:12
  I also would like to say that. I never want to thank again.
• 51:18
  Because I need to decisions that all I have to say on God bless
• 51:25
  you. Thank me.
• 51:38
  The trailer since you've been in the jail, having you met with
• 51:41
  Community Mental Health? Oh, before I have, are you
• 51:49
  meant? There's someone in the program.
• 51:51
  I would live there. You Not every day, every 30.
• 51:59
  And when did you have that disagreement with somebody else
• 52:06
  in the program? But we go, it got okay.
• 52:10
  Explain that to me, are you? And I lost my temper.
• 52:20
  Okay, so this mean that, what I'm interpreting here that you
• 52:25
  had some physical Patient with another person who was there as
• 52:30
  an inmate at the jail. Is that right?
• 52:32
  Okay. Now, when this occurred, where
• 52:46
  were you living? Where you almost had a period of
• 52:50
  time. Where do you have to go live
• 52:53
  next? The shelter, the shelter.
• 52:56
  So I get my um okay. All right, Miss stores does
• 53:06
  Andrew Hamilton Place to go live?
• 53:10
  Actually right now, I have to get as Medicaid back.
• 53:13
  We have to get them. In the CMA gets CMH to agree to
• 53:19
  bring him into the system with them and then my hope is to get
• 53:24
  we know of a really nice AFC home down in Grand Rapids area,
• 53:29
  just to give him a change of pace and more structure.
• 53:34
  But as a right now, I can't do any of that until I can get CMH
• 53:39
  involved and get so security or whatever Financial stuff he's
• 53:43
  got. Right.
• 53:50
  What Andrew, what kind of relationship do you have with
• 53:53
  your father? He's got better.
• 53:55
  Kind of said I've been in jail, but me and his wife.
• 54:00
  Okay. and, Fight in the path that got physical and I don't
• 54:12
  want her her anymore. You don't want her around you
• 54:16
  anymore. But I do.
• 54:24
  It. Anywhere.
• 55:05
  Here. And looks like you have a couple
• 55:06
  siblings or those with those sisters and what kind of are
• 55:12
  they older or younger than you? Okay.
• 55:26
  Mr. Salad a Time of things. Do you think can be done to help
• 55:37
  him get get a GED Finnish education and what I'm hearing
• 55:43
  now is now I've got it's not so much about placing them locally
• 55:47
  because the idea is to try to get them into AFC home down in
• 55:54
  the Grand, Rapids area, some other area.
• 55:58
  Maybe we would refer to Michigan Works for GED assistance.
• 56:01
  Okay. In town, but I'm sure it's
• 56:03
  available and then. Yeah.
• 56:25
  Let's look at this, this presents.
• 56:28
  Its When I say a few things here and I don't mean to disparage.
• 56:35
  Other judges reports or legislators or other branches of
• 56:39
  the government, but it's a problem that gets talked about
• 56:43
  that. I mean, the defense age, the
• 56:47
  defense, 18 years of age and there have been there has been a
• 56:51
  lot of discussion out of Lansing, whether it's from a
• 56:55
  pellet, court rulings, and the legislature talking about, what
• 56:58
  do we do with young people? And we shouldn't put them in
• 57:02
  jail whenever these conversations seem to come up.
• 57:04
  It's always about A person is in jail is horrible and that's the
• 57:10
  antithesis of what our objectives should be.
• 57:14
  Maybe that's great. It only means something when
• 57:17
  they say that and then they give us money locally to help
• 57:21
  establish and run better programming.
• 57:24
  Or put programming inside of a jail.
• 57:26
  I have an 18 year old man here. Who Has been failed by his
• 57:32
  parents and a little bit by life here.
• 57:34
  He's made his own sense of bad choices.
• 57:37
  But he's also struggling with a little bit with some
• 57:40
  Developmental and educational slowdowns trying to say that to
• 57:45
  be very respectful to mister of failure, but he does just call
• 57:50
  what it is because I have to identify what is needs on. so, a
• 57:56
  reason I mentioned this Five young Mr. Taylor who is off to a
• 58:01
  very, very typical start. It would be easy for anybody.
• 58:05
  And look at this and say, wow, this poll, do you add in the
• 58:10
  fact that he's 18 and he's been the resources that many of us
• 58:14
  already have or we give to our own children, we had a growing
• 58:18
  up and we give them to our own children today.
• 58:24
  Mr. Failure began using substances at the age of seven.
• 58:28
  I think, was the earliest age for marijuana?
• 58:34
  Alcohol 12 for the use of opiates and over the counter and
• 58:40
  toxins at the age of 16. He is seen include more types of
• 58:46
  substances that I think most people do in their lives.
• 58:55
  This is a perfect example of what happens.
• 58:58
  And a young people are allowed to gain access to alcohol.
• 59:03
  And marijuana. There are several events here
• 59:06
  that the defendant is which the defendant is guilty that I don't
• 59:11
  even know if they were charged, maybe they work and hold on. he
• 59:17
  already got some benefits of some reductions, but Unlawfully
• 59:22
  possessing marijuana. He's unlawfully using marijuana.
• 59:26
  He's unlawfully transporting marijuana.
• 59:30
  He stealing marijuana and he's stealing it.
• 59:35
  Multiple cars. Driving both drunk and high.
• 59:42
  and, Took off running from police.
• 59:52
  This all started because he was one drunk and high and wanted a
• 59:59
  ride to a girl's house up in recent.
• 1:00:09
  So if I were to look at this and I were to say if I ignored the
• 1:00:14
  defendants history Happy, son of the prison without a doubt. or
• 1:00:21
  straddle cells, or Google felonies and would be very easy
• 1:00:30
  for me to do so and I don't know, really know what to do.
• 1:00:34
  Sitting these at a terrible upgrade.
• 1:00:41
  Everybody says that jail or confinement is bad.
• 1:00:46
  That mean anything, if you don't but first, he got skill trades,
• 1:00:52
  trading training and education GED.
• 1:00:55
  Get in his license, getting an identification card.
• 1:00:58
  Getting all the things in order for him, He also want to help,
• 1:01:06
  maybe give this young man, a chance. he's already got several
• 1:01:11
  strikes against Mental health, issues.
• 1:01:14
  Educational issues. Sex Offender Registration from
• 1:01:20
  an offense in 2024. Then while he was on the
• 1:01:25
  probation for that, he picked up another charge that was another
• 1:01:28
  R&L and then he picks up this case and you're talking back to
• 1:01:33
  back. Some of them overlapping like
• 1:01:36
  this one was on bombing for the previous and I won't go into a
• 1:01:48
  lot for because I want to respect even though there's a
• 1:01:51
  lot of goods opening stuff up about the defendant.
• 1:01:54
  There's some other private information that's contained in
• 1:01:57
  the family and everything. He's experienced as well.
• 1:02:08
  Now those things, of course don't make the portrayal because
• 1:02:11
  of that, I take this point off. I take that point off.
• 1:02:14
  I do this. He's going to talk about because
• 1:02:19
  this is really difficult situation.
• 1:02:22
  All right. I by the way, I did read both
• 1:02:28
  from the mitigation reports, you know, I had notes on them.
• 1:02:33
  That's I talked about the father and stepmother because in it,
• 1:02:37
  you talked about him repairing and strengthen his relationship
• 1:02:39
  with the stepmother. But I could sense there was some
• 1:02:41
  issues with the stunt motor Mental Health.
• 1:02:45
  Oh, by the way. He hasn't completely behave well
• 1:02:48
  in jail so we have a little bit of an issue.
• 1:02:53
  But regardless, I appreciate the efforts in those statements and
• 1:02:57
  the memorandums. Of course, is the defending on a
• 1:03:15
  period of probation. I go higher than anyone else
• 1:03:19
  asked for. I'm going to go with a 36 months
• 1:03:22
  or adopts terms of conditions that are listed on cfj, 145
• 1:03:27
  Pages. Two And three to four clients.
• 1:03:32
  Those conditions are well suited for rehabilitated purposes,
• 1:03:35
  considering the defendants need for education.
• 1:03:38
  I want to make sure that the GED or education language is in
• 1:03:43
  there. That's Mr. Salad and don't
• 1:03:45
  always recall what paragraph it is.
• 1:03:50
  I see our. Not possession.
• 1:03:53
  Possessing alcohol. Other talks against control
• 1:03:56
  substances, testing, treatment rehab, All that, of course is
• 1:04:01
  appropriate. That area.
• 1:04:04
  Thank you. All right.
• 1:04:21
  With that creative probation. Mr. Failure, you'll have the
• 1:04:24
  right to be considered for early release from that probation
• 1:04:27
  after 18 months. As long as you were compliable,
• 1:04:30
  all the other conditions, you are not compliant, then you'll
• 1:04:34
  have to do the whole 36 months. While you had some issues here.
• 1:04:38
  I'm going to say that. I don't know if you're super
• 1:04:41
  yelling at these issues. Really overbought, a one year
• 1:04:44
  Gap one year starts one year, period of time.
• 1:04:47
  So we're now along with Miss storks who's going to have weird
• 1:04:51
  conservator here. All right, we are going to
• 1:04:55
  become your uncle and aunts as well.
• 1:04:59
  Okay. So I'm supervised and I'm going
• 1:05:02
  to hope that the people I know I trust the people are positive
• 1:05:07
  that are going to be here to help you.
• 1:05:08
  Okay? That's their job.
• 1:05:10
  That's why they do the job. And that's why I trust them to
• 1:05:14
  do. There are two sixty dollars.
• 1:05:23
  Two. Do we laugh at me?
• 1:05:30
  I don't if it's a high court. Mr. Mayor does that.
• 1:05:34
  So it's three. Yes, that's why I'm asking the
• 1:05:40
  question. All right, so we got three 60
• 1:05:44
  dollars date. Minimum three free.
• 1:05:46
  Please to 50 dollar. Statement of the two felonies,
• 1:05:51
  one 100 130.00 feet. Court's going to assess I 200
• 1:05:59
  dollar Corps cost. That's less than what I
• 1:06:02
  typically would add. Or there wasn't any restitution.
• 1:06:07
  Well was there. Yes, because of the sign is the
• 1:06:11
  sign in the cars, deductible deductible Yeah, hold on.
• 1:06:17
  Have that amount of hair and treated it is in the field
• 1:06:21
  there. Is amount of restitution of
• 1:06:24
  5,500. And that is the first 5,000 or
• 1:06:31
  5,000 dollars goes to Cadillac area, public schools for the
• 1:06:34
  repairs and the sign, and the 5 0 0.
• 1:06:40
  Prostitution for the vehicle for her Colton.
• 1:06:44
  Thank you. I'm not going to assess any
• 1:06:50
  other finest, a 200 dollar or attorney fee.
• 1:06:54
  We've had two attorneys involved in the case, plus the help from
• 1:06:57
  their social worker. Possibly, we had to do it.
• 1:07:04
  We have to do a DNA because he would have DNA when he had the
• 1:07:07
  CSC as a juvenile. Okay?
• 1:07:09
  That makes us now. I have no DNA.
• 1:07:11
  Yeah, yeah, it makes sense. That he had us a juvenile.
• 1:07:17
  Yeah, I see him shaking his head, we're good.
• 1:07:19
  So I've already covered the restitution of turning piece now
• 1:07:23
  as for a period confinement. My concept here.
• 1:07:27
  Thought processes are going to help get missed storage and Mr.
• 1:07:31
  Salivate. Some time to help make the
• 1:07:35
  plans. Help get them out, get them in
• 1:07:39
  the treatment program set up to say of C home, things like that.
• 1:07:42
  so, in the defendant receives for, Each one of these charges.
• 1:07:50
  112 days of credit. That makes it really easy for
• 1:07:56
  count too. So that's a 90 day sentence with
• 1:07:59
  12 days for count four. The Court's going to sentence,
• 1:08:06
  the defendant for the attempted Arnold 212 days with 212 days of
• 1:08:11
  credit. And for the fifth County
• 1:08:14
  operating while in pairs, it is 93 days with which is, of
• 1:08:19
  course, the maximum was 212 days of credit.
• 1:08:23
  Now that takes me back to the home invasion in the unlawful
• 1:08:26
  Drive in a way and each of those cases, they defended scored a
• 1:08:31
  straddle cell. Can't take in the consideration.
• 1:08:35
  All the factors that I've talked about here today and the court
• 1:08:39
  finds that the proportionate and reasonable sentence.
• 1:08:42
  Here is as follows one second. I'm going to do some math.
• 1:08:57
  Count one and count. Reach. 300 days with 212 days of
• 1:09:08
  credit. Missed shorts that needs has got
• 1:09:19
  about 28 days or so to serve. Second.
• 1:09:29
  I'm sorry. 38 days left to serve.
• 1:09:34
  You give everybody time to help set up the right tools that they
• 1:09:37
  need help to provide them. All right.
• 1:09:39
  Mister Saturday. I'd like this thing where Is the
• 1:09:43
  cars, anything else? And somebody just make sure that
• 1:09:56
  the probation officer knows how to get a hold of me, please.
• 1:10:00
  For their office. That how it works.
• 1:10:02
  Yep, hold on. We just don't want to say and
• 1:10:05
  everybody's phone numbers out here.
• 1:10:06
  So miss beer event will make sure that Mr. Salary has that
• 1:10:12
  number All right. Thank you.
• 1:10:16
  Welcome back. Thank you for Mr. Failure.
• 1:10:19
  Let's hope we can get him into. Programming and get him set up
• 1:10:24
  for a job and get set up for some education so forth.
• 1:10:32
  Oh, that probation. By the way metaphor bowling
• 1:10:34
  applies to the felonies count one and three.
• 1:10:45
  All right, Mr. Failure Mr. Bento's, gonna bring two two
• 1:10:49
  copies of one document. This document tells you of your
• 1:10:53
  appellate rights, you're going to place your initials on the
• 1:10:56
  first copy. Now, when you place your
• 1:10:58
  initials on that first copy, you are not electing.
• 1:11:01
  Nor waiving any rights, you were merely acknowledging your
• 1:11:05
  receipt of the other companies. This document tells you that you
• 1:11:10
  have the right to appeal, the conviction and sentence in your
• 1:11:13
  case. And while that is typically done
• 1:11:15
  by filing a right to appeal based upon the plea.
• 1:11:17
  In this case, any appeal is done by filing an application for
• 1:11:20
  leave to appeal. Now, if you choose to file an
• 1:11:23
  application for leave to appeal and you want me to appoint an
• 1:11:26
  attorney to assist you, you may complete the bottom half of the
• 1:11:29
  copy that you're going to take with you and return to me in 42
• 1:11:32
  days. If you choose not to appeal, you
• 1:11:35
  may simply just post a door copy of that document to understand
• 1:11:38
  Ender. And Andrew, I know you've got
• 1:11:42
  these. Can net.
• 1:11:44
  Always be an excuse? And sometime in life, those
• 1:11:49
  difficulties will no longer be any excuse.
• 1:11:52
  So let's learn from them. That's the right.
• 1:11:55
  That's the thing that I hope for you.
• 1:11:56
  Learn from them. I was really impressed by the
• 1:12:01
  statement read by Mr. Today, that person didn't call or the
• 1:12:06
  harshest punishments. They didn't call for prisoners.
• 1:12:11
  even though she talked about how it changed her life, She also
• 1:12:16
  said that she hopes, you get to help them treatment that you
• 1:12:19
  need. I really appreciate that.
• 1:12:22
  Person's strengths. And respect.
• 1:12:26
  Any questions for your mental sense.
• 1:12:30
  Thank you, Matt, thank you. We're Okie dokie friends.
• 1:12:36
  Let's make our Pilgrimage down to Florida, we'll check it on
• 1:12:42
  Wade. Mercer's, first appearances.
• 1:12:45
  I thank you, Corporal, Mr. Daniel, can you see in here?
• 1:12:48
  Both of us? Yes, perfect.
• 1:12:51
  We have one person that has the may need to Services of an
• 1:12:54
  entrepreneur, Mr. Ricardo. Good morning.
• 1:12:56
  We have. David Gabriel Aguilar.
• 1:12:59
  Mr. Ricardo please. Introduce yourself to Mr.
• 1:13:02
  Gabriel and make sure you can hear you very well.
• 1:13:05
  You're on the morning we want to say yes.
• 1:13:08
  Anything else. He can hear me.
• 1:13:20
  Alright, Mr. Gabrielle Aguilar, you're here because you've been
• 1:13:22
  accused of one count of driving with no Violet, driver's
• 1:13:24
  license. In addition to that, you've also
• 1:13:34
  have a hold from the United States immigration agency.
• 1:13:38
  So tambien, tiene Una. Or de migracion de Estados
• 1:13:44
  unidos. I'm appointing the public
• 1:13:47
  defender's office to represent you and asking that you listen
• 1:13:49
  to your attorney, Mr. McDaniel level, yeah, significa, para que
• 1:13:54
  la represente, Eleanor McDaniel, Spoke to Mr. Gabrielle, he's no
• 1:14:02
  contest of the church as listed understanding him since two days
• 1:14:06
  in jail better for two days, four dollars civil judgment.
• 1:14:11
  I said and then the end of the concrete Escape station.
• 1:14:34
  Seattle Resort. It.
• 1:14:47
  Thank you, Mr. Mitchell's at a gravel with the state it is your
• 1:14:49
  owner. Can you tell you Mr. Gabriel,
• 1:14:55
  did you hear that agreement sir Senor Gabriel as, could you say
• 1:14:58
  acuerdos senior? See yes.
• 1:15:02
  Do you have any questions about that agreement?
• 1:15:04
  DNA preguntas. Erica de la cuerdo?
• 1:15:12
  Okay. What?
• 1:15:28
  well, do I have to wait two more days or is Immigration coming to
• 1:15:33
  pick me up. Immigration has two days to pick
• 1:15:37
  you up. If you're not picked up within
• 1:15:38
  two days, you'll be released in. Migration tiene those DS Para
• 1:15:42
  recoger. Two days starts.
• 1:15:48
  Now, those DS comes on Any other questions I'm going out there?
• 1:15:56
  Ah, no, it's just all. I know that's all.
• 1:16:02
  Is this the play you would like to enter?
• 1:16:04
  Is it still acuerdo que ese SEPTA?
• 1:16:07
  See. Yes.
• 1:16:09
  Gabriel. I'm like chapter play with no
• 1:16:12
  contest to the charge of driving without a driver's license.
• 1:16:14
  Withhold of Education, guilt. Senior Gabriel.
• 1:16:18
  I said to the glacier nominal. 2 days in jail and give you credit
• 1:16:28
  for the two days. You've already served local
• 1:16:31
  dental. Law. 400 dollars, which will be
• 1:16:41
  a civil judgement. Tambien Panera says standard
• 1:16:46
  por. El estado, El Condado De Cuatro
• 1:16:49
  ciento de la. So your local Chargers are over
• 1:16:53
  with sir and they have two days to pick you up and don't say
• 1:16:56
  other menado. Do you have any questions Daniel
• 1:17:03
  gonna? Oh, And we'll get paid this.
• 1:17:10
  We are I have to pay. Well, I mean, so after this, I
• 1:17:19
  get 48 hours. If you don't pay the the fine,
• 1:17:28
  then there will be the judge will be sent to a collection
• 1:17:31
  agency. So you said no pag-alam.
• 1:17:34
  Ulta El balances Buena de collection.
• 1:17:39
  And then eventually the clerk's office under Florida law, will
• 1:17:42
  have to suspend your license. If you had one, I don't have
• 1:17:46
  Flora Secreto. But if immigration service does,
• 1:17:54
  in fact, the port you and I don't know if they will or not.
• 1:17:58
  They don't see me on that. Oh no.
• 1:18:05
  They deport you really doesn't like a big difference.
• 1:18:07
  The fine doesn't. See that?
• 1:18:16
  See what happens with immigration before you even
• 1:18:19
  think about paying the fine. Your family might need the 400
• 1:18:31
  dollars more so than the county or State LA razon Por La Liga,
• 1:18:37
  esto es que me Moschino que, Su Familia, necesita el, dinero
• 1:18:40
  mask, que estado que, El Condado.
• 1:18:43
  Nintendo. Okay, very well.
• 1:18:49
  Have a good thing. I want the Thank you, Mr.
• 1:18:53
  Carlos, thank you. We have Dustin freund.
• 1:19:00
  Next. Morning.
• 1:19:08
  Are you here for first appearance, accused one, kind of
• 1:19:10
  child abuse without great bodily harm.
• 1:19:12
  I have rather complaint. There is probable, cause for the
• 1:19:15
  charge of also looked at your criminal history, which I
• 1:19:18
  believe the partner, Corrections website shows should have been
• 1:19:21
  the president four times. I'm going to listen to their
• 1:19:24
  attorneys and I'm gonna dress your bond status, Mr. Daniel,
• 1:19:26
  anything. Thank you, Mr. Bond at 7500 cash
• 1:19:34
  or shirty? Giving your criminal history in
• 1:19:37
  the third degree, felony of your Q stop.
• 1:19:39
  It does have a condition. Your bond has a condition of no
• 1:19:41
  contact the LED to take them. Now, I know that you were
• 1:19:43
  according to the complaint, you were living in the home with
• 1:19:46
  this, the legislative stepson. So at least for the time being,
• 1:19:51
  you cannot go back to that home. If he's still living there, I
• 1:19:54
  have no idea who owns the home. What the deal is with the home,
• 1:19:57
  but you can go somewhere else, obviously, you just can't go
• 1:20:00
  there if he's still living there, if he goes and stays with
• 1:20:02
  someone else, that's a different story, but no contact with him
• 1:20:05
  at all. So you'll get used the phone.
• 1:20:07
  After first appearance to try to post the bomb and the jail will
• 1:20:10
  give you a notice after first appearance for your court date,
• 1:20:13
  which will be able to seventh at 8:30.
• 1:20:15
  Do you have any questions? We have Elijah Raleigh.
• 1:20:27
  Surely good, you've been here, five, new criminal charges and a
• 1:20:34
  violation of probation. The new criminal charges are
• 1:20:37
  possession of methamphetamine, tamping with evidence possession
• 1:20:40
  of marijuana less than 20 grams refusals.
• 1:20:44
  And possession of drug equipment, Mr. McDaniel, would
• 1:20:47
  you like to be heard on probable calls on any of those judges?
• 1:20:53
  Probably because of you got to have.
• 1:20:57
  We just Thank you, Mr. Mitchell Just a moment here on Earth.
• 1:21:05
  Hold on. Yes.
• 1:21:20
  I was looking to see if I could find any more about, you know,
• 1:21:23
  it being charged by itself without a company DUI, that I
• 1:21:28
  can't find anything at this moment, so we'll leave it up to
• 1:21:33
  the description of the Court. What you want to do with that
• 1:21:35
  charge, okay. So, I don't know that you have
• 1:21:38
  to have a charge of DUI, although I've never seen refusal
• 1:21:42
  without the I don't want you to have charged, but I think, Mr.
• 1:21:44
  Right? Daniel is correct. because the
• 1:21:46
  statue, which I'm looking at now says, When the arresting officer
• 1:21:50
  has probable cause to believe. So you got to have probable
• 1:21:55
  calls, even if you don't charge them.
• 1:21:56
  So then the question is, is a probable cause for DUI?
• 1:21:59
  And I agree with Mr. McDaniel, there's not, there's not
• 1:22:01
  probable cause for the UI. There's probable calls as
• 1:22:05
  marijuana in the car and some other substance, but there's
• 1:22:07
  nothing about a driving pattern. Nothing about.
• 1:22:09
  There's something about him, too.
• 1:22:12
  Filthy exercise is, but that is after the arrest and that's
• 1:22:16
  That's enough for probable cause without smell of alcohol.
• 1:22:18
  Weaving swaying bloodshot. Eyes, slurred speech.
• 1:22:24
  You know, it may have been bleed for something related to his
• 1:22:27
  vop, but I don't think for refusal and that situation but I
• 1:22:30
  agree with the defense on the refusal.
• 1:22:32
  I'm gonna find this probable cause all the other charges.
• 1:22:35
  Corporal, ask the jail at the request.
• 1:22:37
  The probation office this morning for a urinalysis.
• 1:22:40
  Do we have a urinalysis Corporal?
• 1:22:41
  Yes sir. I just haven't had a chance to
• 1:22:45
  email yet. So, according to thank you.
• 1:22:51
  there was a text and After we started 831.
• 1:22:56
  So I was my phone's turned off, but thank you, Corporal.
• 1:22:58
  Same Mister Rogers, positive for meth and THC.
• 1:23:02
  So if you'll for that email to both Mr. Matt, Daniel and Mr.
• 1:23:06
  Mitchell Mr. Mitchell will then provide it to the probation
• 1:23:08
  office. So Mr. Riley, what I'm doing is
• 1:23:11
  go ahead and set you Bonds on the cases.
• 1:23:12
  There is probable calls on the methamphetamine felony charge
• 1:23:15
  and the tampering are both felony charges.
• 1:23:17
  Lesbians will be 10,000 dollars each.
• 1:23:21
  The lesson, 20 grounds of marijuana.
• 1:23:24
  And the possession of drug propane, will be a total of
• 1:23:26
  5,000 each. Your total bond is 30,000
• 1:23:31
  dollars. You're not being held on the
• 1:23:33
  refusal. Do not try to post a bond Mr.
• 1:23:36
  Riley, because of you being on probation, I'm gonna put a
• 1:23:39
  seven-day, hold on, you, with no bond, which is what we always
• 1:23:41
  do. I always do.
• 1:23:42
  And that seven-day hole starts today.
• 1:23:46
  We'll see if the probation office has a warrant for you.
• 1:23:48
  I would expect based upon your analysis even if it wasn't for
• 1:23:51
  the new charges to have a no bond warrant but we'll see what
• 1:23:53
  happens with the circuit court. Gets a chance to review that
• 1:23:55
  I'll see you next Monday and we'll see if they have a
• 1:23:58
  warrant. If they don't have a warrant,
• 1:24:00
  I'll certainly release the hold and you'll be free to post the
• 1:24:03
  bonds and the other cases and be released.
• 1:24:05
  As far as special conditions you would have a condition of random
• 1:24:09
  year analysis if you're ever on bond in this case, but I'll see
• 1:24:13
  you a week from the day and we'll see if they have a warrant
• 1:24:15
  or not, any questions, Mr. Rowley.
• 1:24:17
  Necessary. All right, sir.
• 1:24:19
  Wish you the best? We do want to give you a
• 1:24:21
  coordinate, Mr. Rowley, April 7th at 8:30, April 7th at 8:30,
• 1:24:25
  the jail will give you that notice I would probably be for
• 1:24:31
  both the new law and this video, he Probably will, if they get
• 1:24:35
  that David file. Yeah.
• 1:24:37
  And I thought that they will probation.
• 1:24:40
  Yeah. Kevin County Probation.
• 1:24:42
  So how is it? That doesn't complicate things a
• 1:24:45
  little bit? Yeah.
• 1:24:46
  Because you get two counties involved, but there's still
• 1:24:49
  probably will. So try the same office?
• 1:24:50
  Marianas will notice? Yeah, man.
• 1:24:52
  That's how the count they may have one office down there, but
• 1:24:54
  I think officers, typically up here on email them and notify
• 1:24:57
  them, and I got home and they can get in touch with them.
• 1:24:59
  Thank you next, it's Chase Keen. The scene is here for the charge
• 1:25:03
  of violation of probation, in case 25 that's 6 0 2.
• 1:25:36
  Thank you, Mr. McDaniel, Mr. Mitchell's had a great with the
• 1:25:39
  state. It is your So Mr. Ham, do you
• 1:25:42
  have the main court costs and final Miss King?
• 1:25:47
  440 on our health situation, okay.
• 1:25:50
  Seven 18 on your courthouse and finds.
• 1:25:53
  I don't worry about cost supervision if there's a jail
• 1:25:55
  sentence without a purge. So Ms Keane, I was at the play
• 1:25:59
  you would like to enter ma'am. Yes, sir.
• 1:26:01
  I'm like saturation that you probably the terms and
• 1:26:04
  conditions of your probation missing revoke that probation
• 1:26:06
  and 90 days in the Jackson County Jail, give you credit for
• 1:26:10
  the time that you've served and Mr. McDaniel.
• 1:26:11
  I did not write that. Yeah, I did five days credit, I
• 1:26:13
  did write it down. Five days, credit court costs
• 1:26:17
  and finds that you have left of 718 dollars.
• 1:26:18
  That'll be a civil judgment against you but missing hope you
• 1:26:21
  can get that worked off at the jail.
• 1:26:23
  Ma'am, the trustee program at the jail does will give you the
• 1:26:26
  opportunity to earn some extra game time.
• 1:26:29
  So I hope you take advantage of that missing.
• 1:26:31
  There's no probation in this sentence fam.
• 1:26:33
  You finish this sentence. Then.
• 1:26:37
  You'll be released Mr. My Daniel, I don't think I it was
• 1:26:40
  it wasn't discussed in the text, but it appears missing might
• 1:26:44
  benefit from an inpatient alcohol treatment program.
• 1:26:48
  Here, there are some that are about this long.
• 1:26:50
  No. I don't think that's an option,
• 1:26:51
  okay? She's got something that you
• 1:26:53
  want to look into. Let me know.
• 1:26:54
  Otherwise, then it'll be the sentence.
• 1:26:56
  I just imposed anything of the information just remind you.
• 1:26:59
  She takes too many medications for her.
• 1:27:01
  I mean, she has serious mental issues and medications.
• 1:27:05
  She takes to probably never let her in there.
• 1:27:08
  For 15. You may want to talk to the
• 1:27:11
  Chapman Mr. McDaniels correct. Most of the programs have very
• 1:27:14
  strict rules if there's some program you want to go to, that
• 1:27:17
  will work with your medications and that's great.
• 1:27:19
  I certainly consider it because it looks to me like Alcohol
• 1:27:22
  appears to be the underlying issue.
• 1:27:24
  And more specifically the inability to refrain from the
• 1:27:27
  use of alcohol appears to be the underlying issue the skin.
• 1:27:30
  Do you have any questions? You can Counting.
• 1:27:40
  I want to say, I'm the answer is probably no, here's the problem.
• 1:27:44
  The problem is, if you have a court date before you're out,
• 1:27:47
  then that can create issues in Houston County.
• 1:27:51
  But what will happen is, when you're released, I want to ask
• 1:27:54
  the jail to give you documentation to take with you
• 1:27:57
  to showing the day you were admitted here.
• 1:27:59
  And the day that you were The day you were made it up the day,
• 1:28:04
  you got out. So miss Keane, the Alabama
• 1:28:07
  system, I believe is a grand jury requirement for.
• 1:28:10
  Is it all? Charges are all felonies, all
• 1:28:13
  felonies, I know for certain I don't know about, I'm not
• 1:28:16
  familiar their system up there on misdemeanors, it takes
• 1:28:18
  felony, it takes months and months to get to court because
• 1:28:21
  it requires a grand jury and all felony cases.
• 1:28:24
  You've already caught got a court date for May 4th.
• 1:28:26
  Yeah, you're gonna be in jail. Yeah, you're still gonna be in
• 1:28:33
  jail, May 4th, I don't see any way.
• 1:28:34
  Even if you're in the maximum game time, I think you're still
• 1:28:36
  gonna be in jail, May 4th. So my suggestion is that you let
• 1:28:39
  the president's office up there. No, your circumstance.
• 1:28:42
  You get a chance to use the phone after first appearance to
• 1:28:44
  do that. Also, we will send with you when
• 1:28:47
  you do get out will stand with you.
• 1:28:49
  The the paperwork showing that you were in jail.
• 1:28:52
  For the dates, you're in jail that way, if you miss your court
• 1:28:54
  date, while you're in jail, you'll have some documentation
• 1:28:55
  to that. Any other questions?
• 1:28:59
  All right, man, we should I'm just looking at the math
• 1:29:17
  here. She has five days credit she
• 1:29:20
  ain't gonna get out by the end, it's about six weeks is what it
• 1:29:23
  is. So even if we did a 60-day
• 1:29:26
  sentence, it'd be closed To me, right at the end Mr. Mitchell, I
• 1:29:32
  toyed with 60 versus 90 when I sent out the tentative.
• 1:29:35
  Suggested offers this morning for you to review, I don't feel
• 1:29:38
  strongly either way. What's your preference?
• 1:29:41
  I have no idea. I have no objection to men in it
• 1:29:46
  to 60 days. If I remember the only history
• 1:29:50
  that she had previously was like a do from 2919 or something like
• 1:29:55
  that. She had a little History.
• 1:29:56
  Mr. McDaniel not much. That's why I said, I was okay
• 1:30:00
  with the ninety days but I don't want to call her problems where
• 1:30:03
  she's got a fake up here and a hole from Alabama when she's in
• 1:30:06
  jail here. So Mr. Mike Danielson Jake.
• 1:30:10
  You want to bring her back in and change it this 60 days or do
• 1:30:12
  we need to bring her back in? Okay, so, I don't think.
• 1:30:17
  Yeah, I think that's in her. She doesn't want to do that.
• 1:30:19
  Obviously, she can come back tomorrow and let us know that.
• 1:30:21
  But for right now, Mr. McDaniel comfortable with us making that
• 1:30:24
  decision without her being in here.
• 1:30:25
  Great. Right.
• 1:30:27
  So I'm gonna change that sentence to 60 days in jail.
• 1:30:32
  It should. Okay, so we think that since the
• 1:30:38
  60 days in jail, doesn't make you huge difference to us to me
• 1:30:44
  but it doesn't like it. May make a big difference to
• 1:30:46
  her. Thank you.
• 1:30:48
  So that's about time you figure game time.
• 1:30:50
  That's could be 30 days less obviously.
• 1:30:53
  So Mr. Benn. Daniel, that's I think that's
• 1:30:56
  everything anything else from the public defender's office.
• 1:30:58
  Oh yeah. Thank you Mr. Mitchell.
• 1:31:02
  Anything else a mistake here. Corporal.
• 1:31:05
  Anything from the jail. Oh, We appreciate it.
• 1:31:09
  I do have first appearances tomorrow but not Wednesday or
• 1:31:13
  Friday. So we will see y'all in the
• 1:31:15
  morning. Good to know, judge, thanks for
• 1:31:19
  the scheduling update. Good morning, once again,
• 1:31:22
  everybody TCF live on a Monday. The first Monday of the week,
• 1:31:27
  only four more to go after this one.
• 1:31:30
  Um, Great granny. Picked up a poster from the
• 1:31:34
  court file store this morning. Thank you so much for that
• 1:31:36
  courtroom files.com. We've got lots of great merch
• 1:31:39
  over there, including our Ah, now world famous Adventures of
• 1:31:45
  meth boy and rock girl poster, which is what she picked up.
• 1:31:50
  Little story that we started on the pre-show a couple days back.
• 1:31:56
  Stand By and where that's going to go currently working on that
• 1:31:59
  anywho. Let's go to Texas.
• 1:32:01
  Say, good morning to judge West. Morning, sir your day, to be
• 1:32:06
  honest, this is 25 DCR 1212 Mr. Baianas charged with aggravated
• 1:32:11
  assault with a deadly weapon, and what is the announcement?
• 1:32:14
  We just need one reset, and we'll get exposed of.
• 1:32:17
  Okay, we're gonna Supply we've already spotted some records and
• 1:32:25
  but the next setting. Okay, thank you all recent any
• 1:32:30
  issues. Okay.
• 1:32:31
  Alright, Mr. Beano, I'm gonna reset your case, stay in touch
• 1:32:35
  with Josh Walker. He'll let you know when you need
• 1:32:37
  to be back. All right, thank you.
• 1:32:38
  Thank you. See.
• 1:32:40
  Mr. Walter staying here morning, sir.
• 1:32:43
  He had a Guadalupe Reyes. Yes, sir.
• 1:32:47
  How are you? Here Comes thing.
• 1:32:57
  Good morning, sir. You want to lose a Reyes and
• 1:32:59
  this is 25 DC or 1422, Mr. Reyes is charged with aggravated
• 1:33:03
  robbery and what is the analysis?
• 1:33:06
  One more setting. Last time, I was in front of
• 1:33:09
  you, I didn't have a discovery state, held my hand and the
• 1:33:13
  government discovery, which I think is, right?
• 1:33:16
  Okay, so we'll just do a normal reset Mr. Risk, make sure you
• 1:33:22
  make an appointment, go visit with your attorney.
• 1:33:24
  So you can go over all of the information that he's received.
• 1:33:26
  So we can get an announcement at that next court date.
• 1:33:29
  You know, I'm aware of your own. Okay.
• 1:33:31
  Thank you. All right.
• 1:33:32
  Thank you. Thank you.
• 1:33:37
  Well, thank you. Thank you, Mr. West, you have
• 1:33:43
  Miguel Reyna. Okay.
• 1:33:46
  Five star reviews. I like it.
• 1:33:51
  He'll be on a pole from the initial setting, right?
• 1:33:53
  I got. Okay.
• 1:33:54
  Thank you. What's the name?
• 1:33:56
  Miguel Reyna. You know, he's here.
• 1:34:09
  Yeah, I'm still thank you. because it must be.
• 1:34:34
  Okay. Good morning.
• 1:34:40
  Are you? Miguel Reyna restaurant and Mr.
• 1:34:42
  Brain is charged with driving while intoxicated 3rd or more.
• 1:34:44
  And cause number 25 DC or 1687 and what is the announcement?
• 1:34:49
  If we get a little more time to get back on the resolution?
• 1:34:52
  I think we have something at principal, we need some more
• 1:34:54
  time to get a resolved. Any issues they are?
• 1:34:56
  We discuss it for today. I think we could.
• 1:34:58
  Yeah, I'm sure the US. You have the auto ignition
• 1:35:02
  interlock device on your vehicle.
• 1:35:03
  Make sure you keep that and don't drive any vehicle that
• 1:35:07
  does not have that on it. Gonna reset your case about 30
• 1:35:10
  days or so, make sure you get with Mr. West take care of
• 1:35:12
  everything, you need to visit with him and then we'll get your
• 1:35:15
  case disposed at the name here just not sure.
• 1:35:19
  He? Oh, there you are, Mr.
• 1:35:25
  Wilkerson, are you ready on Larry the glowing on my finest
• 1:35:31
  here? That I And this delays, you've
• 1:35:40
  got a Christopher Pickens. Two cases.
• 1:35:43
  Yes. You Right here, good morning.
• 1:35:50
  Good morning. How are you?
• 1:35:52
  Good. How are you?
• 1:35:57
  Good morning, are you Christopher?
• 1:35:59
  Pickens and Mr. Pickens is here in two cases, 24, DCR 2275 and
• 1:36:05
  2276 and one is the announcement.
• 1:36:07
  This is the one we said it last time.
• 1:36:10
  Judge to invite for the complaining witness.
• 1:36:12
  Okay. She's moved out of state.
• 1:36:15
  We've seen subpoena that has come back on buying.
• 1:36:19
  So we're the family has stopped leaving with us via phone or any
• 1:36:25
  of those that every phone number.
• 1:36:28
  He got her. So this, if I can do that, yes,
• 1:36:31
  state would call. Brittany boy, would you call the
• 1:36:35
  name? Brittany Boyd, please.
• 1:36:45
  Here. But I'm not with you so it's
• 1:36:50
  okay. Let's say that I made it.
• 1:36:52
  That's okay. No response on.
• 1:36:59
  She's with that. Judge the state would filed
• 1:37:01
  dismissal in these cases, right. I'll sign the dismissals as soon
• 1:37:04
  as they come through, Mr. Pickens, your cases are over and
• 1:37:07
  you're pretty again. Thank you, George.
• 1:37:09
  Thank you. Mr. Garcia Bruce Hill. just,
• 1:37:34
  Good. Christy Johnson is also here
• 1:37:41
  from issues at okay. Oh, that's in second.
• 1:37:44
  Get out of there. Thank you.
• 1:37:53
  The most good morning, sir. Your first Hill and this is 25
• 1:37:57
  dccr 1348. Mr. Hill's charged, with false
• 1:38:01
  name information or surgery of vehicle registration.
• 1:38:04
  And what is the announcement judge?
• 1:38:06
  We're gonna ask for one more resetting Miss malfina, extended
• 1:38:09
  an offer to me last week. I've talked about it with Mr.
• 1:38:12
  Hill, we kind of have a counter offer that we'd like to discuss
• 1:38:15
  with the state. I don't know those will but we
• 1:38:18
  also need to settle up some of our contractual obligations and
• 1:38:22
  internally. And so, if we could have maybe a
• 1:38:25
  normal reset to do both of those things, I think we can get this
• 1:38:28
  result. Yes, he also has a video, it's a
• 1:38:32
  mystery. I'm gonna reset your case in
• 1:38:33
  normal reset, make sure you stay in touch with Mr. Urge, to take
• 1:38:36
  care of everything. You're supposed to go over with
• 1:38:38
  whatever information he gets or receives and offers from a small
• 1:38:42
  thing, he'll get an announcement that all right.
• 1:38:49
  Mr. Kimler, you've got a Wayne coming.
• 1:39:08
  It is Marceline. Good morning, sir, you Wayne
• 1:39:16
  Cummings. Can I get everybody to kind of
• 1:39:18
  hold it down while you're visiting?
• 1:39:20
  Please, and this is 2018, dash, 29640 for coming.
• 1:39:26
  So, the motion to revoke his probation.
• 1:39:27
  And what is the analysis, John? This is a case where the new BWI
• 1:39:34
  charge, the motion of that checked.
• 1:39:38
  Again, this morning that Orange County District Attorney's
• 1:39:40
  office that case. At this point, we asked one of
• 1:39:45
  the time, it's from October 25th on last and I know the lab have
• 1:39:52
  been backed up his personal issues.
• 1:39:55
  Okay, he is with and so Mr. Penny, so I'm going to reset
• 1:40:00
  your case just another maybe 30 days, or so, stay in touch with
• 1:40:05
  your bondsman and Mr. Kimler, and they will let you know when
• 1:40:08
  you need to be back. And we'll see what the status of
• 1:40:10
  that Orange County case is at that time.
• 1:40:12
  All right? You're free to go sir.
• 1:40:16
  And then you have Andrew Richie Himmler.
• 1:40:21
  Richard Anderson Andrew Ritchie, I talked to him finding the
• 1:40:26
  office. They were just gonna Be.
• 1:40:33
  One of Miss fraction. Good morning.
• 1:40:39
  Just for me. That's where you Andrew, Richie,
• 1:40:54
  Just and Mr. Richie has a motion to revoke his probation and
• 1:40:58
  close number 2240568. What is the announcement first
• 1:41:02
  and talking to the officer? Who is his Chan officer and it
• 1:41:12
  appears as though due to medical issues and that apparently he
• 1:41:17
  began almost immediately after at Mr. Richie, was on her nation
• 1:41:23
  and we have had a discussion about what might be the best
• 1:41:29
  thing to do with Mr. Richie here it seems that he is now been
• 1:41:33
  cleared medically and These interacting saying the wrong
• 1:41:39
  thing, the risk, but it he had only was able to report nine
• 1:41:44
  times since 2023 due to that illness, and he has completed a
• 1:41:50
  CSR, what we would like to do. Instead of revocation is extend
• 1:41:55
  his probation by two years to make up for the tunnel.
• 1:41:58
  He has essentially missed on probation that he has the full
• 1:42:04
  period. Is that an agreement?
• 1:42:08
  So we can do it two ways. And if it's by agreement,
• 1:42:13
  Minister really, can just sign that modification order and you
• 1:42:17
  guys can dismiss the motion to revoke or we can go through the
• 1:42:21
  motion to revoke and I can order it that way.
• 1:42:27
  Oh yeah, that was something we can.
• 1:42:29
  Well, let's get some first things first.
• 1:42:31
  I don't have a problem with him being completely paid for all
• 1:42:39
  his fees, People's Community Service, he did his name and
• 1:42:44
  management class so even with that reporting and sounds like
• 1:42:47
  he's done everything else, he's supposed to it's, you're just
• 1:42:52
  fashion but I Have problems and being completed multiples here
• 1:42:57
  and look back real quickly. And I've got that awesome.
• 1:43:10
  That's okay. If I had my old PSI, And their
• 1:43:14
  honor. It's my understanding that he
• 1:43:16
  paid for his community service hours.
• 1:43:18
  Not actually having spent the time doing community service
• 1:43:23
  hours. It's the state's position that
• 1:43:28
  he complete more than nine months on the charge that he was
• 1:43:33
  given probation for now. I don't, I mean, I understand
• 1:43:37
  where you're coming from and sounds like need and I need to
• 1:43:46
  see the PSI. We don't know where he giving
• 1:43:55
  that opportunity to You have one can't take a quick look at it.
• 1:44:03
  again, if there's The arrested for anything else during that
• 1:44:08
  period of time. Look at one more thing.
• 1:45:10
  Now, just give me a minute to kind of I'm sure I have a full
• 1:45:14
  picture inside. These Technologies and evidence.
• 1:45:25
  So, they should. so what I'm inclined to do is
• 1:46:08
  kind of make you guys in the middle and just based on the
• 1:46:11
  nature of the offense and just some of the issues and That I
• 1:46:15
  want to make sure have been addressed fully so that there's
• 1:46:19
  not this issue again. Is I'll agree to a one year and
• 1:46:22
  set of a two-year extension so that started I guess it would
• 1:46:27
  start technically January. So be till January of next year
• 1:46:31
  and make sure everything is going.
• 1:46:34
  Well, there's not any other issues that need to be addressed
• 1:46:37
  and then everything goes fine. Then you'll be done in less than
• 1:46:41
  a year. If you'll sign that, then you
• 1:46:44
  can either you go ahead and dismiss that motion or do you
• 1:46:46
  want me to go through the motion and roll on it?
• 1:46:48
  I'll just miss them, okay through.
• 1:46:52
  But you need to stay and make sure you sign that order with
• 1:46:54
  your attorney that you agree to that.
• 1:46:56
  One year extension. I'm going to leave that up to
• 1:47:00
  profession obviously. Well that was a condition of the
• 1:47:03
  bond because we were you living Mr. Richie and neither one right
• 1:47:07
  now. Okay.
• 1:47:08
  It and do you intend to stay? You say like you're not going to
• 1:47:12
  say there's a whole you intend to stay or no one to see if I
• 1:47:17
  can stay in Harris County or your job and I have a home
• 1:47:21
  there. So you need to talk to probation
• 1:47:23
  about that. As the biggest thing is you have
• 1:47:26
  to report. You have to report in Harris
• 1:47:28
  County and by mail here for the rest of that year and I don't
• 1:47:32
  have an issue with that. So because that A GPS was the
• 1:47:40
  condition of your bond. That's technically over today so
• 1:47:43
  you will be able to remove that. Yes, but here's the thing.
• 1:47:46
  If you don't do what you're supposed to and report in mail
• 1:47:50
  here, or by online and in person in Harris County, if it gets
• 1:47:54
  transferred, you'll be right back in here, on a motion to
• 1:47:58
  revoke your probation. And we won't have this, probably
• 1:48:00
  a nice of a conversation. Okay.
• 1:48:02
  All right. You visit with your your
• 1:48:05
  probation officer before you leave.
• 1:48:06
  You can get that signed and he'll talk to you about the
• 1:48:09
  process to get it transferred to Harris County.
• 1:48:10
  Okay. Thank you.
• 1:48:12
  Thank you so much. Thank you.
• 1:48:15
  All right, friends, let's change it up.
• 1:48:17
  Let's go up to Michigan a certain judge, Cedric Simpson,
• 1:48:21
  never heard of this guy, is got some stuff going on.
• 1:48:25
  Well, we had a bench down in this case.
• 1:48:29
  I read over the motion of modified Bond.
• 1:48:35
  Anything else from the parties? This point, I would just leave
• 1:48:39
  it in the course. I did have a chance to speak
• 1:48:40
  with him today. To this point, I don't need this
• 1:48:49
  discussion before. All right?
• 1:48:50
  And I think the record should reflect that the complaining
• 1:48:53
  Witnesses, president in the courtroom and I did one of think
• 1:48:57
  the court for accommodating us today.
• 1:49:02
  It well, it was interesting. Is that my And was saying well,
• 1:49:07
  we don't know we'll get this I said.
• 1:49:11
  We'll figure it. All right?
• 1:49:14
  Yeah. Good.
• 1:49:17
  I'm ready to oversport is going to change the conditions and
• 1:49:22
  Grant the motion to modify mom. I will.
• 1:49:27
  Delete it. No contact, but at a note on
• 1:49:30
  consensual contact, you understand that young man.
• 1:49:33
  Yes, sir. All right, so she says to you
• 1:49:36
  she didn't want you around you got to get out of there, but and
• 1:49:43
  I will also delete the no vote, too. press right figure out and
• 1:49:59
  then I believe we're all pretty trying the case if that's okay
• 1:50:01
  with the court today. That's fine with me.
• 1:50:05
  What are we doing? Like to set up for final prayer.
• 1:50:13
  Very final son of a conference. Well be April 10th 2026.
• 1:50:21
  It your honor, I'm out of town that day.
• 1:50:25
  She only did I have for that? Okay, um, perhaps I can find
• 1:50:30
  somebody to talk about stand in. Okay?
• 1:51:09
  All right, let me see if I can bump his past this for a couple
• 1:51:12
  minutes in the way back. And I'll just say about it.
• 1:51:22
  Part of the reason I was also making that suggestion is my
• 1:51:26
  next selections. Don't happen until she very
• 1:51:30
  much, appreciate that. Okay, thank you for thank you.
• 1:51:39
  All right, fairly short hearing there.
• 1:51:42
  Let's go over to Saint, Joseph County and judge Middleton.
• 1:51:47
  I believe he's doing sentencing this morning.
• 1:51:53
  Morning is. Laura Eileen.
• 1:51:58
  My soul file number is 25. 2291 SD the defendant is here with
• 1:52:06
  her lawyer Mr. Nathan Taylor. Also presented at Eastover,
• 1:52:12
  prosecuting attorney's office, and Daniel frasin, who drew this
• 1:52:16
  assignment. For a screen before, I didn't
• 1:52:20
  have an opportunity to review. Everything was morning, actually
• 1:52:23
  last Friday and again this morning Good morning, Mr.
• 1:52:27
  Taylor, what would you like to know here?
• 1:52:29
  Yes. Thank you.
• 1:52:31
  She's 51 years old. She's married.
• 1:52:34
  Her husband at 4:00, one of them here today.
• 1:52:37
  She's never been charged or arrested before.
• 1:52:39
  That's not true. What's that?
• 1:52:43
  That's not true when she was a kid.
• 1:52:45
  She had a and me case back in the 90s on our prosecutor.
• 1:52:49
  But okay, well sorry, mistake that that but it's a long time
• 1:52:54
  ago and it was a minor deal and it's but yeah, when I show up
• 1:52:59
  anywhere, except my memory, okay, as I Thought I'd looked
• 1:53:03
  online and I hadn't seen anything out of that.
• 1:53:06
  But um, it was under her maiden name, that makes sense.
• 1:53:11
  She reports no alcohol since her arrest, which was an early
• 1:53:14
  November. So that's about four and a half
• 1:53:16
  months ago. She has completed a substance
• 1:53:18
  abuse assessment. She completed the Victim Impact
• 1:53:21
  Panel, which I had this trip for.
• 1:53:23
  She's been seen Rena castle for CBT.
• 1:53:27
  She seen her 13 or 14 times. She has been attending AA.
• 1:53:34
  I have the updated a sheets here with 36 total meetings.
• 1:53:39
  Where are you doing your meeting?
• 1:53:41
  The Carver Center in Three Rivers and at the Presbyterian
• 1:53:44
  Church, as you probably know, a lot of my sobriety quarts are in
• 1:53:48
  the Carver Center regularly There's some good people in
• 1:53:52
  there. Yes, my sponsor.
• 1:53:55
  Who is Mary? Mary is your sponsor, too.
• 1:53:58
  Oh, she's busy. Yes.
• 1:54:00
  Well, that's a good sponsor. Good for you 3600. all right,
• 1:54:07
  very good since oh the I know they addressed this fence issue
• 1:54:14
  in the PSI but there's some pictures that were taken on
• 1:54:17
  scene here and I'll show them to the court but the first one
• 1:54:20
  that's a little bit further away.
• 1:54:21
  It shows tire tracks but it doesn't they go close to the
• 1:54:25
  fence but it doesn't appear that they hit the fence because
• 1:54:27
  there's some snow still on the fence.
• 1:54:29
  And then there's another picture here, up close to the fence.
• 1:54:32
  They shows that the snow has been knocked off.
• 1:54:35
  So clearly that was the snow was knocked.
• 1:54:37
  Off after tired, tracks, got close to the thing show.
• 1:54:42
  Those to the court if you want to see him.
• 1:54:43
  Sure. I was trying to.
• 1:54:47
  Figure this out. She was on Sixth Avenue, Road.
• 1:54:50
  This was over on Who took the pictures, the officer?
• 1:54:57
  Oh, well, I don't show any damage really other than maybe
• 1:55:01
  just but yeah, she was, it was cold and snowy.
• 1:55:07
  And did you see these? Yeah.
• 1:55:09
  Okay. Show me.
• 1:55:10
  All right. Thanks.
• 1:55:12
  Go ahead Mr. Taylor. So, based on the 769.5% of non
• 1:55:20
  probation, I would ask that the court only assess fines and
• 1:55:23
  costs. And considering the fact of how
• 1:55:26
  much she's already completed, I believe finds the cost to be
• 1:55:28
  appropriate. I based on the mitigating
• 1:55:30
  factors. And not having damage to the
• 1:55:35
  fence. I would score her in the Box A1
• 1:55:38
  and I would ask that the court would impose the minimum finds
• 1:55:42
  and cost and no jail. Don't further, no probation.
• 1:55:46
  You guys are good at our guidelines as good as anybody
• 1:55:51
  is. And there are only guidelines,
• 1:55:53
  they help us get us a sense of it.
• 1:55:55
  A judge wealthy actually created 30 years ago, but they do help
• 1:56:02
  us. Engage the case.
• 1:56:07
  Along, with other cases, the statutes have changed and the
• 1:56:11
  one you just mentioned that there's a presumption of no jail
• 1:56:14
  time. in a drinking driving case, if there is no accident,
• 1:56:23
  Daniel, did the Screening report, which is very good.
• 1:56:29
  She was pretty straight up about it, he did cut her some
• 1:56:36
  consideration because of the serious alcohol issues.
• 1:56:40
  He would have originally done a 24 month probation, but he was
• 1:56:43
  pulling to do it and just 12. Which could be done in six. but,
• 1:56:51
  You've already done many of the things that.
• 1:56:54
  I would have directed you to do as a term of probation, Mr.
• 1:56:58
  Frazier, what else would you like to know?
• 1:57:00
  Well I, I understand that it was for the presumption on there.
• 1:57:05
  I think would be driving, even though there wasn't a damage to
• 1:57:10
  the fence going off. The road looked at driving
• 1:57:13
  someone. Else's yard not, um, Being able
• 1:57:17
  to see it all out of her windshield for because she
• 1:57:20
  didn't remove any of the snow, which easily could have ended up
• 1:57:23
  in her death or someone else's. And those are really terrible
• 1:57:27
  driving factors as well as the extremely high BAC.
• 1:57:31
  I think it's really easy for the court to get around the
• 1:57:34
  presumption of finding costs in this case.
• 1:57:35
  But I did give her credit as the court mentioned because she has
• 1:57:39
  taken this seriously, but I do think and fairness to all those
• 1:57:45
  out there on the road and to a, what I think is a history of
• 1:57:48
  drinking, I think a term of probation, which has a cord
• 1:57:51
  mentioned. She could get done in six
• 1:57:52
  months. I think it's a very fair to have
• 1:57:54
  around there was some monitoring just to make sure that she's
• 1:57:57
  doing well and help her reinforce that she should not be
• 1:58:01
  doing this kind of behavior going forward.
• 1:58:04
  Without taking away from what she's already done.
• 1:58:09
  Well, she got a huge break having the matter reduced to
• 1:58:11
  impaired driving so, I do want to mention that I missed a 145
• 1:58:16
  to trpd the prosecutor showed me there was so much that one 45
• 1:58:24
  What would you like to know? I would just add your honor, the
• 1:58:28
  our office and try to contact the homeowner, didn't hear back
• 1:58:32
  from her. So we're not asking for
• 1:58:33
  restitution for the funds. But other than that, I Mr.
• 1:58:38
  Freeze, lines report, and I've asked the court to follow our
• 1:58:40
  recommendations, This might as well.
• 1:58:46
  What would you like me to know? Your honor that was a wake up
• 1:58:51
  call for me. and, It opened my eyes to what had been going on
• 1:58:59
  and that I needed help. And I am seriously getting that
• 1:59:03
  help because I do not want to go back to that.
• 1:59:07
  Time. Well, I got the impression that
• 1:59:10
  reading between the lines that you got in a you left your house
• 1:59:16
  and anger. Like the people that your house
• 1:59:19
  were mad at you because you were drunk and then you left. was
• 1:59:23
  there some sort of I don't want to call it up.
• 1:59:28
  I'll call it a heated discussion.
• 1:59:31
  When you left your house, know my husband and I have been
• 1:59:35
  arguing all weekend and we just aren't talking.
• 1:59:37
  So I left, I don't, I can't explain it.
• 1:59:42
  All right, you were going to a friend's on Broadway Street.
• 1:59:49
  Um, so you weren't exactly going in the right direction.
• 1:59:52
  But you were very drunk. You were driving around like
• 1:59:57
  somebody in the bumper cars that the call came in and it took a
• 2:00:02
  while for the police to get there.
• 2:00:03
  You went off the road. You never brushed the snow off
• 2:00:07
  your window. You were unguided missile.
• 2:00:11
  I'm really glad you didn't hit somebody else.
• 2:00:15
  Even with all the officers you were asked you on a scale of one
• 2:00:19
  to ten, I was drunk. Do you think I am?
• 2:00:21
  You said you were a five? I think you're about it eight
• 2:00:25
  and a half. but and acknowledged drinking about a half of 5th of
• 2:00:30
  tequila. And that may be about right,
• 2:00:33
  people often minimize. How much they drank?
• 2:00:39
  But that's certainly could get you up to this one.
• 2:00:43
  Nine, two level. So, Daniel has lots of
• 2:00:48
  experience as a probation agent. He made this reporting.
• 2:00:56
  Good faith. You've done everything that I've
• 2:00:59
  asked you to do, essentially. Uh, you've gone to get an
• 2:01:05
  assessment. Impact Panel.
• 2:01:11
  You today, this accident occurred.
• 2:01:16
  In November. Which will tell you how crappy
• 2:01:20
  this season is Bennett already had several inches of snow on
• 2:01:24
  the ground by November 9th. But you were dangerous.
• 2:01:34
  For all intensive purposes. You don't have any criminal
• 2:01:37
  record other than some I remember from when you were a
• 2:01:40
  kid. But that was 90 five or Ninety
• 2:01:46
  Six. So, we'll just swim.
• 2:01:50
  You have none. There's a statue that Mr. Taylor
• 2:01:54
  addressed that says in a non-serious misdemeanor, There
• 2:02:00
  is a presumption that the judge will not order any jail time or
• 2:02:05
  probation, I don't have to like it but that's what the law says.
• 2:02:10
  There's also a case called the people Auburn Hills. a, I can't
• 2:02:18
  remember, the defendant's name, I called Auburn Hills case which
• 2:02:21
  says, there is a Requirement that District.
• 2:02:26
  Judges sentenced proportionally. I'm not really sure what that
• 2:02:34
  means. That proportionality is a big
• 2:02:36
  deal in Circuit Court felonies with the guidelines.
• 2:02:40
  But I'm going to go with Daniel's assessment.
• 2:02:44
  I think you could use a short term of probation to ensure that
• 2:02:49
  you keep doing what you're doing.
• 2:02:52
  You've done it now because you had criminal charges hanging
• 2:02:55
  over your head. You don't have any charges
• 2:02:58
  pending, but I'd like to keep you on this path.
• 2:03:00
  I'm very pleasing and plugged into AA.
• 2:03:04
  It's just down the street from your house.
• 2:03:06
  You're going to a couple of them and you have done this.
• 2:03:10
  You had a long period of sobriety and but you never got
• 2:03:15
  arrested before. And we stopped for any of this.
• 2:03:21
  He said we could find. But I am going to do a 12-month
• 2:03:25
  probation. I'm going to do four days jail
• 2:03:29
  credit, 2 leaving, two days to serve and I'm going to defer
• 2:03:34
  those two days. You're not going to do any
• 2:03:36
  digital jail. I expect you to complete this
• 2:03:39
  probation in six months. I want you to keep doing it
• 2:03:43
  everything you're doing and if you do that Then.
• 2:03:48
  I'll be confident that you're going to stay on that path.
• 2:03:52
  There's a $300 fine. 75 dollar Crime, Victims rights fee of 50
• 2:03:57
  dollars. State minimum fee, Did she have
• 2:04:00
  a private assessment? Yes, yes.
• 2:04:03
  You have to 50 dollars? There's no attorney fee.
• 2:04:10
  For 80, probation oversight fee, which could be reduced.
• 2:04:14
  To 240 and 145.00 police reimbursement and 30 dollars for
• 2:04:21
  she's already. Daniels argument.
• 2:04:26
  There are reasons why this could have been determined to be a
• 2:04:30
  serious accident. He didn't do any damage to this
• 2:04:33
  Pat's but you were, Driving with a very high blood alcohol, he
• 2:04:39
  hadn't taken the snow off your windshield if you couldn't see.
• 2:04:44
  Um, you're driving very badly and then when the Oscar got
• 2:04:48
  there, you were still driving very badly, bouncing off the
• 2:04:50
  curbs and that sort of thing, and you weren't on the way to
• 2:04:55
  Broadway. I don't know where you were
• 2:04:58
  going and I don't know if you were going.
• 2:05:04
  So, let's add that up. 300 plus 125 plus 50.
• 2:05:14
  Plus 480. Plus 145, that's it 1100
• 2:05:20
  dollars. and if we take 240 off that, Makes it 860.
• 2:05:30
  You did post a 2010 percent Bond, so we have 180 dollars
• 2:05:36
  that Court keeps 10% of 10% Bond. 9:20.
• 2:05:48
  Minus 240. 680 in the next six months.
• 2:06:02
  I think you can do that. All I really want you to do is
• 2:06:08
  continue with their substance abuse counseling assessment
• 2:06:11
  support groups. Drug and alcohol screens.
• 2:06:18
  You can't use any drugs or any alcohol while you're on this
• 2:06:21
  probation. At a bond that says, you can't
• 2:06:23
  do it now. You have a probation And I think
• 2:06:26
  this was a wake up call for you and I think you're taking a very
• 2:06:29
  seriously, but we're going to do six months for supervision.
• 2:06:37
  And I think you're going to be all right.
• 2:06:42
  Do you feel better? Yes.
• 2:06:47
  Yeah, I asked all my surprise. This was November we're now in
• 2:06:52
  March. So About four months, that's a
• 2:06:57
  good start. We get through six months, he'll
• 2:07:00
  be 10 months sober. And that's like the hood of
• 2:07:06
  that. So once you to go out with
• 2:07:10
  Daniel, I don't expect. You're going to do that to jail
• 2:07:13
  for jail days because I think you're going to do everything I
• 2:07:16
  asked you to do. Uh, but you go with Daniel and I
• 2:07:24
  wish you good luck. I don't spend to see anymore.
• 2:07:26
  Thank you for the photos back to, right?
• 2:07:28
  Yeah. You can have them there in the
• 2:07:30
  pack. They're yeah, okay.
• 2:07:37
  All right, so Mr. Gibson, let's take your cases and start with
• 2:07:43
  Michael Marini. Which case are you here on, Sir?
• 2:07:56
  Okay, Mr. Albert, you need to sit on the other side.
• 2:08:05
  You're on the attorney side here and just a minute, this is
• 2:08:12
  252171. People versus Michael Franklin.
• 2:08:16
  Marina is here, I met him at his arraignment.
• 2:08:20
  Here with Paul Gibson. Also president Abby stole from
• 2:08:25
  the Prosecutors Office. The defendant is charged with
• 2:08:28
  careless just charge a firearm, this matter was suffer, jury
• 2:08:32
  trial, last Wednesday, March 18th.
• 2:08:35
  Here. I was unable to do that.
• 2:08:39
  But Mr. Gibson was able to continue working on the case
• 2:08:44
  with his client the prosecutor. Mr. Gibson, I understand we've
• 2:08:48
  got a plea agreement for this morning.
• 2:08:49
  Yes, sir, honor, what is that? It's my understanding the
• 2:08:54
  defendant will be pleading as charged.
• 2:08:59
  And there won't be any prosecuting attorney had
• 2:09:04
  indicated that. They were considering
• 2:09:07
  reauthorized standing by accepting.
• 2:09:13
  This will resolve the matter. Is that correctly?
• 2:09:17
  That's correct. You Well, let's talk about this.
• 2:09:44
  Complaint. I thought I copied it, I guess.
• 2:09:49
  For alleges that. On October 18th at your
• 2:09:55
  apartment that you. Discharge a firearm.
• 2:10:02
  Carelessly. This is a very poor statute,
• 2:10:06
  it's an old one, it's called discharge of a firearm with
• 2:10:09
  damage over 50 dollars. It's a misdemeanor punishable by
• 2:10:14
  a year in jail and find them up to 5,000 dollars.
• 2:10:18
  It's a poor statute because it combines two standards in the
• 2:10:23
  same charge. Did because of carelessness.
• 2:10:28
  Recklessness or negligence, but not willingly and wantonly cause
• 2:10:33
  her allow pistol under his control to discharge.
• 2:10:37
  And injure property of Annalisa Willems in excess of 50 dollars.
• 2:10:42
  Careless and Reckless are not the same thing.
• 2:10:46
  Carelessness is a low standard of failure to take to care and
• 2:10:52
  recklessness is will form one conduct.
• 2:10:55
  So, The statue is full of contradictions, but if at least
• 2:10:59
  careless just charge qualifies, you understand the charge Mr.
• 2:11:05
  Murray You signed the waiver of your advice of Rights and you're
• 2:11:12
  willing to enter a plea at this time.
• 2:11:14
  Yes. Prosecutors agreed not to
• 2:11:16
  recharge this as a felony charge.
• 2:11:19
  There are some other charges about discharging a firearm and
• 2:11:22
  a building or other things that might fit these facts.
• 2:11:26
  But with this plea, this would resolve the matter say, You're
• 2:11:30
  understanding the stool. All right, Mr. Marie.
• 2:11:35
  Did anybody promise you need to get you to this or threatening?
• 2:11:39
  You know, sir. All right.
• 2:11:43
  Now. And my review of the booking
• 2:11:53
  sheet that sounds like you were doing like ninja stuff in there.
• 2:11:59
  And your gun. Well, tell me what happened.
• 2:12:01
  Oh, just, It was, it wasn't really.
• 2:12:28
  I think I would like you explained Reckless, it was
• 2:12:32
  handed a firearm that wasn't mine, that I was told was clear
• 2:12:35
  and the person that handed me environment was clear.
• 2:12:39
  I did stuff at the time. Oh, I thought it was your God.
• 2:12:42
  No, sir. Um, I misunderstood, but I
• 2:12:47
  thought you were doing this kind of stuff that you talking to me
• 2:12:51
  kind of thing. No.
• 2:12:52
  All right. All right, well, tell me what
• 2:12:57
  happened. I was here and everything.
• 2:13:01
  I was I have been woken up by her.
• 2:13:04
  Uh, we had been arguing for like three days.
• 2:13:07
  No, she is the mother of your child know your girl,
• 2:13:11
  girlfriend. All right.
• 2:13:12
  Um, we just things that didn't have been Rocky between the two
• 2:13:16
  lists last couple weeks. And I was trying to find a place
• 2:13:18
  to move to come from Indiana. I was just trying to find a
• 2:13:21
  place to move out and keep my job.
• 2:13:23
  I see and everything and Um, it was a he was a Saturday morning
• 2:13:28
  and she woke me up. She was planned on going
• 2:13:32
  shooting with one of her friends.
• 2:13:33
  I don't go with her when she does that.
• 2:13:35
  She was like, just talking, she had a couple of her guns out
• 2:13:39
  already. It was weird to wake up to that
• 2:13:41
  kind of disconcerting but then she handed me a firearm and
• 2:13:44
  she's like, here it's cleared you.
• 2:13:45
  I'm not even sure what she said to me.
• 2:13:47
  Exactly. But she's like, it's clear here.
• 2:13:49
  Hold this and I'm just barely awake.
• 2:13:51
  I had just kicked my feet on the floor, the off the bed and she
• 2:13:55
  hands me the pistol and I just slide was already back.
• 2:13:58
  I didn't check it. I assumed it was clear.
• 2:14:01
  Like she said I let the slide rack for it and it went on.
• 2:14:20
  But it was not like him an old crazy or anything.
• 2:14:22
  Because I just I had it pointed away from both of us toward the
• 2:14:26
  floor and angled down toward the floor, a little bit out, the
• 2:14:28
  wall away from everyone, and that's like it for and she's
• 2:14:31
  alive somehow there's still around and all right.
• 2:14:35
  So this was a Glock 9. It was it wasn't a Glock.
• 2:14:41
  So it was who you know meditate Armory was the name of it.
• 2:14:45
  Was a like a Glock clone. It looks like a Glock.
• 2:14:47
  Yes sir. Okay And you had actually dumped
• 2:14:50
  the magazine out of it. If she handed me I was just a
• 2:14:54
  way. She said it was clear.
• 2:14:55
  I assumed the magazine was already out.
• 2:14:57
  I think there was still one of the chamber possible what it
• 2:15:00
  says but she says That you guys have been arguing.
• 2:15:04
  They were just out there the day before for a domestic assault.
• 2:15:12
  Then she said Michael was doing Mila Terry Maneuvers with the
• 2:15:17
  handgun. He then pointed the gun at the
• 2:15:19
  wall and shot. She advised, he directed the gun
• 2:15:22
  slide. Back multiple times, was
• 2:15:24
  dropping the mag and putting it back into the gun multiple times
• 2:15:28
  as well. Michaels in the military and has
• 2:15:31
  experience with guns. Yes, PTSD and was not doing
• 2:15:35
  well. And then you shut a hole in the
• 2:15:38
  wall on the room. The child was in the Next Room.
• 2:15:41
  So her version of what you were doing this gun and yours.
• 2:15:45
  Don't match. Although what you told me is
• 2:15:48
  enough for them, please. Then you said, he believes the
• 2:15:55
  gun was unloaded because he had dropped the magazine.
• 2:15:58
  I asked him if he checked the slide, he said, he did not.
• 2:16:04
  So, you told the police, you drop the magazine.
• 2:16:08
  Abigail, what's your take care? Of all right.
• 2:16:18
  You agree Mr. Gibson. Yes, Sharona.
• 2:16:22
  And also your honor tonight from the time to happen to the time.
• 2:16:25
  She called the police is two days later.
• 2:16:27
  I don't know why he would do that.
• 2:16:30
  They say someone else did all these things and make up this
• 2:16:33
  huge story. If that happened right away, you
• 2:16:35
  would think that was Because I was the one after having tell me
• 2:16:38
  what's the relationship between you and annalize Wolves at this
• 2:16:42
  point. Oh nothing.
• 2:16:43
  Nothing nothing. I have no contact with her.
• 2:16:45
  She's no contact with him. He had nothing nothing to do
• 2:16:49
  with her. All right, Mr. Gibson, what
• 2:16:57
  would you like? You know?
• 2:17:00
  well, I believe that this situation was an accident.
• 2:17:07
  Or. And and so you could say that it
• 2:17:10
  was resolved of carelessness or negligence.
• 2:17:13
  But I don't think that as you said the Dual nature of the
• 2:17:17
  statute, I don't believe that. Anything that happened was
• 2:17:20
  Reckless. Or done willfully or wantonly?
• 2:17:25
  so, you know, the defendant he does have some prior things on
• 2:17:36
  his criminal record. But it's my understanding that
• 2:17:40
  those aren't his past and so I would ask the court to consider
• 2:17:46
  fines and costs potentially. If there's additional Additional
• 2:17:55
  factors. The court wants to consider
• 2:17:57
  that. I would ask the court to
• 2:17:58
  consider community service or probation and lieu of any jail
• 2:18:02
  time. Thank you.
• 2:18:04
  Yes. Oh it's very close with Alicia's
• 2:18:10
  daughter. Catherine by very close with her
• 2:18:11
  and The whole domestic thing that happened to David before
• 2:18:16
  her mom and I were arguing and Catherine, she would go for a
• 2:18:22
  walk. She went for walking was crying
• 2:18:23
  and a neighbor's senior crying and asked what happened.
• 2:18:27
  And she said her mom and her mom and boyfriend were arguing.
• 2:18:29
  If you just didn't want to argue anymore, hold is this child
• 2:18:33
  Easter 14. She just didn't want to see her
• 2:18:37
  mom argue with me anymore because I was the one that was
• 2:18:40
  trying to bring some Some balance to the home.
• 2:18:43
  Because her mom was asked her. I found out was, you know,
• 2:18:46
  needed some mental health and stuff, and probably a little
• 2:18:50
  counseling or what I'm Catherine was just in a very bad place.
• 2:18:53
  And I have a daughter, her age. And I saw my daughter and her
• 2:18:56
  and I just, I took the Catherine very quickly and she heard my
• 2:18:59
  daughter were closed and it was just I, I just, I just wanted
• 2:19:05
  according to know that, like, regardless of not having any
• 2:19:07
  contact or anything would do the annalize.
• 2:19:09
  I feel terrible for what happened with her daughter and I
• 2:19:13
  just want to know her daughter still.
• 2:19:14
  Okay. That's all as when I left her
• 2:19:16
  daughter was continued to texting me.
• 2:19:18
  This me and everything like that.
• 2:19:20
  I couldn't respond just that. No contact.
• 2:19:22
  Where do you live now? I live for fortnite.
• 2:19:36
  Oh yeah, it's 9:20. I'm sorry.
• 2:19:39
  I'm new to Riverstone Columbia City.
• 2:19:43
  That's been worse. All the last two weeks or have a
• 2:19:46
  family where family member got really really sick and then
• 2:19:49
  watching their kids. What do you do?
• 2:19:52
  You work someplace. I want to play when I got laid
• 2:19:54
  off my unemployment still. So I have an income coming in.
• 2:20:01
  And then with the storm that came through.
• 2:20:03
  Also, so it really tore my house up like I I have six windows
• 2:20:07
  that are broken, that I can't afford to fix part of my roof is
• 2:20:09
  messed up and got tarps up there.
• 2:20:11
  I have a kiddie pool in my back room, catching the water right
• 2:20:15
  now until I can afford to fix my roof.
• 2:20:19
  And that was three. Got hit.
• 2:20:21
  Yes. Oh well I my old my house is old
• 2:20:24
  and kind of Ratty as is and they just don't win.
• 2:20:26
  Kind of just what was already messed up my roof.
• 2:20:28
  Really messed it up. All right, have you can kind of
• 2:20:32
  contact with United Way and other people have got money to
• 2:20:34
  do. The church will help.
• 2:20:36
  Yes, sir. This is taking some time.
• 2:20:40
  I don't treat but there was plenty of damage.
• 2:20:45
  Yeah there's there's a lot of wind damage around sir around
• 2:20:48
  Three Rivers. More than what you'd think.
• 2:20:52
  All right. Mr. What's your thought here?
• 2:20:58
  Yeah, I would just asked the court to the typical sentence
• 2:21:01
  for careless just trash. Well, the facts are dispute.
• 2:21:07
  But what he told me and what I have is actual basis is Carol.
• 2:21:11
  Christmas is there a restitution request?
• 2:21:14
  We have not received. All right, or any other victim
• 2:21:19
  input know. Yeah, this is listed as having a
• 2:21:52
  card on 1020 that actually occurred on 1018, two days
• 2:21:58
  passed before she reported it. He got arrested on the 20th.
• 2:22:05
  And then bonded out later. In order two days, she'll credit
• 2:22:16
  two days. And 100.00 state minimum 150.00
• 2:22:29
  feet, I'll reserve on restitution.
• 2:22:32
  This was her house. This was an apartment
• 2:22:36
  compartment. Along the river.
• 2:22:39
  There was this at Edgewater I mean, Edgewater or the little
• 2:22:47
  apartments across from the daring bar.
• 2:22:49
  It's the arbitrary cross from the Damned by the river.
• 2:22:51
  All right, well, those are they really got torn up by the
• 2:22:54
  tornado? I'm not.
• 2:22:55
  And then we're Paul's, Pantry is down the road.
• 2:22:57
  Yeah, that's Hoffman you go right, past the high school and
• 2:23:01
  middle school. My house is on a ride, around
• 2:23:03
  the curb, by the VFW right here. Yeah.
• 2:23:07
  It tore up the cemetery back there and everything.
• 2:23:10
  Oh that's good. Greatly tore up the cemetery.
• 2:23:14
  920. Is it past the bridge?
• 2:23:21
  Yes, sir. Okay.
• 2:23:23
  Well, there's the bread, the Hoffman Street Bridge.
• 2:23:27
  Oh, yes. Yes.
• 2:23:28
  All right, from the other, there's only three houses there.
• 2:23:31
  There's like a CNC shop my house and then those townhouse
• 2:23:34
  complexes. Okay.
• 2:23:36
  On the left side, you're in. What was the old Jacob's house?
• 2:23:43
  I think, hey, 100 + 150. It's 375.
• 2:23:59
  The firearm is forfeited. It'll be destroyed.
• 2:24:01
  I don't even know who's it was. One person said it was yours and
• 2:24:05
  one person said it was hers, it wasn't registered.
• 2:24:16
  Fire was forfeited to be destroyed.
• 2:24:30
  I'll give you 60 days to pay that 375.
• 2:24:49
  This probably would not have been very hard for a jury.
• 2:24:57
  To vote to convict on this under the careless standard.
• 2:25:00
  So I'll make glad we're able to resolve this without taking up a
• 2:25:05
  jury day. Mr. Marie you're good to call?
• 2:25:11
  Was that good to go? Thank you.
• 2:25:16
  Alrighty friends. Let's let's go back to judge
• 2:25:19
  Elmore. He has a new contestant.
• 2:25:21
  I believe for another sentencing.
• 2:25:28
  Maybe seated also before support this morning.
• 2:25:31
  Mr. Sean manual, in the agent from the Department of
• 2:25:34
  Corrections to prepare today, we sentence investigation Second.
• 2:25:43
  That's just preparation. I'm covering covered for
• 2:25:46
  Lindsay, Simon. I'm sorry, I just saw that.
• 2:25:48
  Thank you. Thank you, thank you.
• 2:26:15
  All right, let me take a quick look.
• 2:26:18
  See if I had him corrections. All right.
• 2:26:27
  I did not other than my own notes reminded me of our
• 2:26:29
  discussions that we had about this plea before.
• 2:26:33
  I took it on the record. I think we discussed it in a
• 2:26:36
  Chambers. All right, Mr. Carnes.
• 2:26:38
  How about you and the Amendments?
• 2:26:39
  Corrections objections. That make to the contents of the
• 2:26:41
  report Miss Moss. Same question.
• 2:26:43
  No, thank you. All right.
• 2:26:47
  And I wait, we have no sense of data is correct.
• 2:26:52
  I just want to make sure it wasn't.
• 2:26:53
  One of the cases be adjourned from last week due to the
• 2:26:56
  weather. All right.
• 2:26:59
  Mr. Carts Victim Impact. some words in here, that he wrote,
• 2:27:16
  Okay. I am sure they're kind of words.
• 2:27:19
  I can figure out yes. All right, so before it's just
• 2:27:22
  the prosecutor's office as the victim, Advocate and go ahead.
• 2:27:28
  Okay, you're out. Here it is no been 5 months
• 2:27:32
  since the assaults and dreamed this time of no contact with my
• 2:27:35
  father. I have still lived with fear
• 2:27:38
  panic and a constant sense of being on edge.
• 2:27:41
  Although the immediate shock has lesson with time lasting impact
• 2:27:45
  of what happened is not disappeared.
• 2:27:48
  The results in my neck, that was real but what has stayed with me
• 2:27:52
  most is the feared trauma that continue to affect me daily
• 2:27:56
  father has shown himself to be unpredictable explosive and
• 2:28:01
  dangerous. Things he said to me such as I'm
• 2:28:04
  pretty happy kill you and I would have broken your neck.
• 2:28:08
  If it was just you and I our words.
• 2:28:10
  I still remember clearly. They are the reason I continue
• 2:28:14
  to struggle with feeling safe, especially at night when those
• 2:28:17
  threats we play in my mind. While I'm working to move
• 2:28:22
  forward. He gets created is not gone
• 2:28:25
  away. I believe it is necessary for
• 2:28:27
  the no contact order to remain in place until I turn 18 so I
• 2:28:32
  can continue to heal without the worry of being forced into
• 2:28:36
  contact with him again. So sincerely dating Culver's.
• 2:28:43
  Statement, you know? All right.
• 2:28:47
  Thank you very much. Any Alex you yes, sir honor.
• 2:28:51
  Thank you. I did meet with early on in this
• 2:28:57
  case and I That's that vitamins. Impact statement does kind of
• 2:29:02
  sum up? My the feelings I got during our
• 2:29:07
  meeting. They didn't review photos in
• 2:29:12
  this file showing red marks. Consistently with Peyton's
• 2:29:15
  description of what happened. This is a very concerning
• 2:29:18
  incident. However, when I met with Peyton
• 2:29:22
  as well, the other thing he told me is, I don't want my dad to go
• 2:29:25
  to jail. And I just don't want to see him
• 2:29:28
  for a while. So we, we came up with this
• 2:29:32
  killer Brew agreement for DVD with 4A 18 months, probation
• 2:29:36
  with the no contact order staying in place.
• 2:29:38
  Throughout that peer probation, I would ask the court to follow
• 2:29:41
  the agreement thing. Again, there's a killer group
• 2:29:48
  here, but I would like to give you a little bit of background
• 2:29:50
  of Mr. Mr. Howard. He has I believe he has a
• 2:29:55
  juvenile something from many years ago but otherwise has no
• 2:29:58
  criminal history, nothing violent.
• 2:30:00
  I think something that stood out to me when reviewing the
• 2:30:04
  discovery was everyone involves said, like this is not normal.
• 2:30:08
  This is a typical. This is not someone who has
• 2:30:11
  regularly is explosive or or violent in any way.
• 2:30:14
  So I think that is an important know here, Mr. Howard is taking
• 2:30:20
  responsibility. He immediately enrolled in
• 2:30:23
  counseling and weekly counseling.
• 2:30:24
  Since December taking that seriously.
• 2:30:28
  He has absolutely not violated his no contact in any way on
• 2:30:32
  this matter has been pending for quite some time and in addition
• 2:30:36
  he has a partner. He has another child, he's a
• 2:30:39
  caring. Father, he built a business, a
• 2:30:42
  very successful business. Local I mean this is a
• 2:30:45
  unfortunate situation that he's here taking responsibility for
• 2:30:50
  and will continue to honor the no contact and compass on the
• 2:30:55
  spacing needs to heal and if it went in the future, they can
• 2:30:58
  have some sort of relationship that will be, you know, up to
• 2:31:00
  his his son. I would say that like any
• 2:31:05
  criminal case that comes before the court, you know, I could
• 2:31:08
  contest different facts that have been presented in the PSI,
• 2:31:12
  but I don't with this Killebrew, taking advantage of this plea
• 2:31:18
  offer. I don't find it to be necessary
• 2:31:20
  that this juncture. So I would ask the court to
• 2:31:24
  follow the killer Brew allow In to do the healing that he needs,
• 2:31:29
  allow Mitch to continue supporting his family.
• 2:31:32
  His young child, continuous counseling and just ensure that
• 2:31:36
  this situation never happens again, which I can I can tell
• 2:31:39
  this court that it will not. So Thank you wish to say at this
• 2:31:50
  time. All right.
• 2:31:51
  I just want to reiterate up to responsibility for the reason
• 2:32:00
  why I'm standing here today and you know, I've done collected in
• 2:32:06
  my approach to Funding results. All right.
• 2:32:15
  I don't want any button to stand up, but maybe I can just have a
• 2:32:19
  head knot, which one is patent? It's not here.
• 2:32:22
  Okay, here. Now the reason for wanting to
• 2:32:25
  know if this wanted to make sure the young men do look for a was
• 2:32:29
  and I trust the parents here, do it means that if he's successful
• 2:32:34
  with the period of probation events will be dismissed.
• 2:32:39
  His mother here. No, we did discuss.
• 2:32:43
  All right, this is an issue and I understand completely.
• 2:32:49
  Why judge Wiggins didn't want to accept a plea at this chart.
• 2:32:59
  Wherever it was, I don't know. But any, what was going to
• 2:33:03
  follow the agreement? I don't remember exactly how you
• 2:33:05
  all set it. I don't blame him and the
• 2:33:07
  description here that there's quite frightening and I'm gonna
• 2:33:13
  suspect that the young man who is 14.
• 2:33:19
  Fans in the shadow of the father's.
• 2:33:21
  Got to be six three. I'm going to guess and is a US
• 2:33:27
  Coast Guard or was US Coast Guard member and it was a rescue
• 2:33:32
  diver apparently. obviously much bigger and the words here were
• 2:33:38
  just terrible conduct was William embarrassed.
• 2:33:46
  Now, every father husband person, Mom, Dad, whatever we
• 2:33:52
  all make mistakes and controlling our actions and
• 2:33:55
  overcoming our errors is our responsibility.
• 2:34:00
  You've now revealed to your son that you're not perfect and you
• 2:34:03
  will ever forever know it. That's gonna be a huge repairing
• 2:34:07
  that relationship. It's not his.
• 2:34:11
  Not to figure out how to grow up and be a good young man face
• 2:34:16
  upon the examples presented to him. but, It's your job to
• 2:34:22
  repair the relationship when he's ready to entertainment.
• 2:34:26
  So I what I spoke with Council and Chambers about this a couple
• 2:34:31
  months ago. Yeah, I was hesitant but it was
• 2:34:35
  only because of the support of the victim and it's the other
• 2:34:39
  parents. That I was even willing to
• 2:34:43
  entertain. However, there's any violations
• 2:34:49
  with our terms and conditions of the 4A, well, more than half of
• 2:34:55
  the real. Right.
• 2:34:59
  Based upon the conduct here, it would be up to 93 days.
• 2:35:04
  I would expect you to get to 93 days.
• 2:35:09
  And you'll lose the 4A. I understand you've got, this is
• 2:35:13
  a baby at other parts to do. Like, you've been very
• 2:35:15
  successful. That's all right.
• 2:35:16
  We're none of us are perfect in everything you do. and we often
• 2:35:23
  fail those relationships with the people with whom we are the
• 2:35:26
  closest should be the closest and always put first but we
• 2:35:30
  think now is the opportunity to show Payton How father?
• 2:35:36
  How how? To exam.
• 2:35:42
  So I hope that that's what follows. all right, the court
• 2:35:46
  assesses a 68.00 state minimum fee 75 dollar Crime Victims
• 2:35:51
  right climate fee the court assesses a 2 0 0. 0 0
• 2:36:25
  supervision and I'll cover that in just a moment six dollars of
• 2:36:29
  this in the electronic monitoring the core assesses the
• 2:36:33
  18 months of probation that is pursuant to for a which is a
• 2:36:39
  subparagraph for Democrats first time offenders at the defendant
• 2:36:45
  is successful at the completion of that program that period than
• 2:36:49
  the charge will be dismissed for children to the Statue and the
• 2:36:51
  free trial agreement. The court now has to turn here
• 2:36:56
  and Terms of probation. Oh, I need to cover the two days
• 2:37:01
  in jail for two days of credit. Yeah, I thought I said that 60.
• 2:37:10
  Oh well I Circle 50 so you should have known what I meant.
• 2:37:13
  Thank you. The terms of conditions of the
• 2:37:17
  4A are on C of J1, 45 pages, two and three of the report I find
• 2:37:23
  that those terms of conditions are well suited rehabilitative
• 2:37:26
  purposes. Well, I know, I don't think
• 2:37:29
  there was any issue here of frogs and I don't know all the
• 2:37:32
  factors here, but I've been, I find that because of the
• 2:37:37
  volatility and those things here that said it was Abnormal, or
• 2:37:42
  out of conduct. so, out of character, Thank you for what
• 2:37:47
  it's for and if there's any issues for anger that any
• 2:37:51
  selfies, even alcohol could add to it.
• 2:37:53
  Therefore get a fighter conditions well, so All right,
• 2:37:57
  Mr. Bennett have I missed anything in this file?
• 2:37:59
  There's marks. Anything else so, Mr. Howard. a
• 2:38:10
  big step back But let's take some big steps forward any
• 2:38:15
  questions about what we've done today and what your objectives
• 2:38:18
  here are appreciate your time. Yeah.
• 2:38:20
  Now I I know I was standing a little bit.
• 2:38:23
  Well, probably not me or harsh but talking about the potentials
• 2:38:26
  of jail, but what the message is there is she'll remember kids.
• 2:38:32
  Are you still in the service? You're not in service anymore?
• 2:38:35
  Right? No, well still as a leader
• 2:38:38
  business owner husband father. That's the example that you set
• 2:38:42
  to worry about next year. Keep your eyes on the phone to
• 2:38:49
  the mission. We are.
• 2:38:50
  Thank you. Good morning.
• 2:38:55
  Once again friends TCF live on a Monday.
• 2:38:57
  My name is Dan your fearless leader through our journey
• 2:39:01
  through Courtland of the morning.
• 2:39:03
  Let's let's go to judge to Santa judge.
• 2:39:08
  Mom say good morning there. Just corner store.
• 2:39:15
  Thank you. All right.
• 2:39:16
  Thank you. Today is the date schedule for
• 2:39:18
  Sunday on this matter on your plans, please and Amanda charge
• 2:39:23
  of operating love. This is Liam impaired as well
• 2:39:25
  the operating while the tax kidded in the opening tax.
• 2:39:29
  We're both dismissed by way of resolution between Council and
• 2:39:33
  you have an opportunity to review the report and
• 2:39:36
  recommendation with your client. Yes, you're right.
• 2:39:39
  I did go over this carefully with Mr. Stewart indicates to me
• 2:39:41
  that everything in it is actually accurate.
• 2:39:44
  But in many Corrections, we also review the recommendation that
• 2:39:48
  seems in line with Justice and the statutes that are
• 2:39:52
  applicable. I believe Mr. Stuart may have a
• 2:39:55
  few words like to address the quarterback, right?
• 2:39:57
  Yes. Okay just apologies for
• 2:40:00
  disrespecting the law. Okay, I gotta say that.
• 2:40:05
  Sir, I love her. To that end.
• 2:40:09
  What have you done with your three warrants?
• 2:40:11
  I'm in the process of getting all that taken care of.
• 2:40:14
  Okay. What does in the process mean?
• 2:40:15
  It's just take us to have to take care of well.
• 2:40:19
  Two of those are. The other one is a warrant for
• 2:40:21
  operating while intoxicated out of the 46 District Court that
• 2:40:25
  you did not appear for the warrant was that she January
• 2:40:28
  14th of 2026. yes, so just a couple months ago, it's not the
• 2:40:40
  right person. That's not me.
• 2:40:41
  Know you were not arrested in Southfield all right, let's make
• 2:40:49
  a lot that either the port for the probation department was
• 2:40:52
  just some things that are 15 years old.
• 2:40:56
  Well, yesterday's that too. Let me see her. yes, this is
• 2:41:04
  your date of birth. Your height and weight.
• 2:41:13
  Yeah. Stop it.
• 2:41:14
  Stop it. This year driving under
• 2:41:24
  influence of alcohol. Well, let me see here.
• 2:41:29
  The warrant was issued January. 14th of 2026.
• 2:42:10
  It. Yeah, so that's you.
• 2:42:12
  The drain date of the warrant with January 14th and 2026.
• 2:42:19
  I don't know when the offense. is alleged to have occurred,
• 2:42:23
  that doesn't That's not specified on here.
• 2:42:43
  Whatever it is. I'm missing how to read it.
• 2:43:01
  Oh, hold on. Well.
• 2:43:05
  Once in July 7th of 2010 same-day birth, same height and
• 2:43:09
  weight. So yes sir. 2010.
• 2:43:16
  Well, we have one driving license to the spend it from
• 2:43:19
  2010. you have another driving while, and that's also from
• 2:43:23
  Southfield And driving a license, not valid that warns
• 2:43:27
  out of the 19th district court in Dearborn from July of 07 and
• 2:43:31
  then you may even have one out of Redford from November of 24
• 2:43:35
  but we're going to confirm the Warren out of Southfield sir so
• 2:43:39
  we can determine whether or not that's you.
• 2:43:43
  How'd you get here today sir, bro?
• 2:43:47
  What's the status of your license?
• 2:43:48
  Well, it How long does it have been valid?
• 2:43:52
  Over a year. Certain your level of the point
• 2:44:12
  two, five three that's high. Very high.
• 2:44:23
  So many random Festival on Bond and you have not had any
• 2:44:29
  positive tests. The carbon also notes that after
• 2:44:35
  hearing from Council. Well actually what we're going
• 2:44:38
  to do before we proceed I want to see if this warrant is still
• 2:44:43
  valid, if it is your clients because that may affect what I
• 2:44:49
  do as far as if I'm ordering probation.
• 2:44:52
  And if, so, if I'm a docking, the recommendation that's been
• 2:44:56
  put forth or a different time frame, so we're just going to
• 2:44:59
  check on this than what we call. All right.
• 2:45:19
  The record of the matter of the City of Wyandotte receiver 2515,
• 2:45:22
  7-0. Okay, step forward.
• 2:45:28
  And at your manager, properties, if you're looking for the judge
• 2:45:30
  speak, clearly search Steve original name.
• 2:45:32
  All right? Good morning.
• 2:45:33
  And thank you for being in person.
• 2:45:35
  I know that you've been assumed for the other matters and so are
• 2:45:41
  you picking up Ollie? Yeah.
• 2:45:43
  Okay. And so consultation date
• 2:45:45
  scheduled for sentencing on your clients pleaded, the charge of
• 2:45:48
  possession of controlled substance and you have an
• 2:45:51
  opportunity to review the report and recommendation with your
• 2:45:53
  client. Yes, it's fair.
• 2:45:54
  It's accurate. Nothing further down with the
• 2:45:57
  exception because he lives and works primarily in Charlotte
• 2:46:00
  North Carolina, that should community service.
• 2:46:03
  He's been tested, he's done well with the court here and he'll
• 2:46:06
  take care of whatever probation matters are necessary because
• 2:46:08
  you have family here, you have a residence here too.
• 2:46:10
  Is that correct? Yes, and judge he's going to be
• 2:46:13
  a moment with probation because he, and I had this week of
• 2:46:16
  panic, we're on. The runway is dropped, his cell
• 2:46:19
  phone, and it got smashed, and he's not replaced himself when
• 2:46:21
  he. He's gonna have to find some way
• 2:46:22
  to keep in contact. I hope we are Detroit today.
• 2:46:25
  You get a cell phone because on the road to I don't it's a risky
• 2:46:31
  business now and I know where your mouth so we can have to
• 2:46:33
  speak up because I can't read either I apologize.
• 2:46:35
  Yes, that's okay. Nothing else to add judge.
• 2:46:38
  All right, so, um, you remember just feeding and random testing
• 2:46:42
  correct? Yes.
• 2:46:43
  And I don't have any indication that you have tested anything
• 2:46:48
  other than negative and so, You have to, you have to be better
• 2:46:58
  than this. Yes, you are better than this.
• 2:47:00
  So you need to stop. Yes there, if you feel though,
• 2:47:05
  you need extra motivation to stay alert.
• 2:47:08
  Awake or whatever. Right?
• 2:47:10
  When we try some extra coffee? Yes ma'am, not cocaine.
• 2:47:15
  The court will also note that after hearing from Council and
• 2:47:20
  Mr. Marito, mmm, That I'm reviewing the report in the
• 2:47:25
  recommendation. There is reasonable grounds to
• 2:47:27
  Department MCL 769.5 the court. the court will also find that
• 2:47:53
  the Following sentences is the best naturally interests of
• 2:47:57
  justice is reasonable proportion to the seriousness of the
• 2:47:59
  matter. Taking into account the
• 2:48:01
  circumstances surrounding Mission, though.
• 2:48:02
  And the legislative guidelines, the court will know that one
• 2:48:08
  correction was that my my first name was spelled wrong.
• 2:48:11
  There's a Zen out of us. But anyway, got somebody about
• 2:48:15
  that. Yes and so the court will order
• 2:48:19
  the following 18 months probation.
• 2:48:21
  You're eligible for early discharge or so eligible, one by
• 2:48:24
  5.01. as indicate as put forth by the plane between the parties
• 2:48:31
  you're not violating any criminal law of any of
• 2:48:33
  government, you're not to leave the state of North Carolina
• 2:48:39
  Without consent of the Court since that's where your home
• 2:48:42
  basis. So, to speak for work purposes.
• 2:48:44
  If you intend to travel back this way, you have to confirm
• 2:48:47
  and communicate with your probation officer back in
• 2:48:49
  Michigan. Yes.
• 2:48:50
  Okay. Since North Carolina is your
• 2:48:52
  home base, right? Yes, coming here.
• 2:48:54
  Pretty much residing there. Coming back to visit?
• 2:48:56
  Yes, okay. You are to report truthfully.
• 2:48:59
  Your probation officers offers your probation officer may
• 2:49:01
  require in person writing your virtually.
• 2:49:03
  You're notified information officer immediately of any
• 2:49:06
  change in address or employment status.
• 2:49:07
  You're not use any alcohol or drugs and that's prescribed to
• 2:49:10
  be subjected to random testing but you want to continue the
• 2:49:14
  rehabilitative. Go for that condition is so the
• 2:49:15
  court can continue to monitor your progress of maintaining
• 2:49:17
  apps and sobriety. Of course, we're going to need
• 2:49:22
  to participate. Not patient substance, use
• 2:49:23
  counseling. The rehabilitative goal for that
• 2:49:25
  condition is so that you have assistance to providing coping
• 2:49:27
  mechanisms to maintain sobriety and promote relapse.
• 2:49:30
  Hopefully, prevent this from happening again.
• 2:49:33
  And the Court's going to order you to participate and
• 2:49:36
  meeting's. I'm pretty sure there's a
• 2:49:39
  chapter of North Carolina. If there's not, we can revisit
• 2:49:43
  that. They meet on Thursday or their
• 2:49:49
  judge. Well, the Downriver one does the
• 2:49:52
  Western Wayne meets Mondays, but there may be virtual ones.
• 2:50:02
  That you maybe able to attend as well, okay.
• 2:50:05
  Three ability to go for that condition is so you can have
• 2:50:07
  additional support system, in maintaining sobriety and having
• 2:50:11
  resources. The Court's going to also order
• 2:50:16
  community service. The Court's going to order 50
• 2:50:18
  hours of community service, not blind, at Indians because that's
• 2:50:21
  something that you've already been doing, right?
• 2:50:23
  There's something over the box so you can further develop life
• 2:50:25
  skills and give back to the community.
• 2:50:27
  Any questions regarding those conditions know man.
• 2:50:30
  I just say one you rather because he still has family here
• 2:50:33
  still coaches when he started working here.
• 2:50:35
  Can you advise probation? Maybe they will work out The
• 2:50:38
  Weeknd attached to go home. She's not every week guys and
• 2:50:41
  people permission to leave North Carolina.
• 2:50:42
  It's a dual brushes. I'm sorry.
• 2:50:47
  What year? It's just He would probation
• 2:50:51
  consider a blanket and asked to come here.
• 2:50:53
  Do this family functions here, instead of calling and religious
• 2:50:57
  permission to leave North Carolina?
• 2:50:58
  Well, we have to know where your clients at.
• 2:51:01
  So because if he's called, for testing, right and and that's
• 2:51:05
  right then. So, yes, that you are, the
• 2:51:08
  communication just has to be there.
• 2:51:11
  Yes, okay. All right.
• 2:51:17
  Okay. And so um as the finds the cost
• 2:51:20
  the courts were in order three hundred dollar fine, 100
• 2:51:23
  dollars, screening assessment fee nine hundred dollars
• 2:51:26
  supervision over State fee, 50 dollars a month at 18 months and
• 2:51:29
  since you're eligible for early just charge up to half of that,
• 2:51:32
  could be wage three dollars to the cost of prosecution crime,
• 2:51:35
  victim assessment. If you have 7, 5 5,
• 2:51:49
  Any questions, nothing. Appreciate judge.
• 2:51:55
  All right. Good luck to you sir.
• 2:51:57
  Oh, as I've indicated, you are eligible for early discharge as
• 2:52:00
  long as all the following have occurred.
• 2:52:04
  You've completed at least half of your original trauma,
• 2:52:06
  probation. Operational requirements have
• 2:52:08
  been completed. You've had at least three
• 2:52:09
  months, without any violations of nominees that neither paid in
• 2:52:12
  full or even a good faith effort or making full payment.
• 2:52:14
  Okay. Okay.
• 2:52:15
  Right. Thank you.
• 2:52:16
  Have a good day. That's black record Mrs. On
• 2:52:29
  that. Can you say Mr?
• 2:52:30
  De blowing please. Yes, thank you.
• 2:52:37
  All right, we'll check back in probably at some point with
• 2:52:40
  judge to Santo. But let's go back to judge West.
• 2:52:43
  Happens if you're not is your finest corporate and raised I'm
• 2:52:46
  going to recall the bond forfeiture Mr. Samuel has said
• 2:52:50
  that, you have an American so I'm going to reset your case.
• 2:52:53
  Make sure you stay in touch with Mr. Samuel and your bondsman to
• 2:52:56
  let you know when you need to go back and pretty good.
• 2:52:59
  Thank you Samuel, thank you. Charles beard.
• 2:53:15
  Which are you wearing shorts? Yes man.
• 2:53:17
  I just go. I was trying to get a ride.
• 2:53:19
  My favorite paid and his name for him.
• 2:53:22
  So I'm trying to find any more than you're trying to what I
• 2:53:26
  need a lawyer. I have right.
• 2:53:28
  Kim and her faith and I guess she's not out of here.
• 2:53:31
  He's here today. He's here.
• 2:53:32
  Charles beard. What is any of that have sir?
• 2:53:38
  What does any of that have to do with the fact that you showed us
• 2:53:40
  in short support? I was gonna come to the house
• 2:53:44
  trying to just make it. Okay.
• 2:53:45
  So it's felony Court. You need to dress like you want
• 2:53:51
  someone to take you seriously on a felony said the military.
• 2:53:56
  Okay, I'm glad you did that. Make sure number one.
• 2:54:00
  Make sure you're on time. Make sure you dress properly.
• 2:54:03
  Okay, shorts are allowed and so what I'm going to do.
• 2:54:06
  Mr. Beard is your intention to hire Mr. Himmler, yes.
• 2:54:09
  So let me go through. This is your initial appearance
• 2:54:13
  and cause number 26, bccr 0138. And in that case, your charge
• 2:54:19
  with the state jail, felony offense of an, authorized use of
• 2:54:22
  a feeble and that's for December 16th of 2025.
• 2:54:26
  And so, what I'm going to do since you've made bond, is reset
• 2:54:30
  your case about 30 days to give you some time to get Mr. Kimler
• 2:54:33
  hired or someone else, if you get them hired, whoever bring
• 2:54:37
  the reset, notice that you get today that lawyer and they'll
• 2:54:40
  tell you what to do. If, for some reason, you're Able
• 2:54:43
  to hire someone before that next four days.
• 2:54:45
  Then I'm ordering you to visit with.
• 2:54:46
  At least three lawyers, they all charge different amounts of
• 2:54:49
  different payment plans, to bring me back the names of the
• 2:54:52
  lawyers you've talked to. So I know you're trying and
• 2:54:54
  we'll discuss your options. If you don't do that, then when
• 2:54:56
  you come back, you run the risk of me.
• 2:54:58
  Raising your bond for not following the court.
• 2:55:00
  Order you go to jail, you understand.
• 2:55:01
  Also have a lot to me. Okay for that first before this
• 2:55:06
  so that I got you. Well visit with him about all of
• 2:55:10
  that. I will recall the bond corporate
• 2:55:12
  as well if you step in front of the clerk she'll give you a
• 2:55:14
  reset. Yes sir. and, Alexandria daily
• 2:55:21
  on. Morning, are you on Sandra's?
• 2:55:36
  Daily on The Daily on is very important that you're here.
• 2:55:39
  One time. Do you understand?
• 2:55:41
  Where were you this morning? Okay, so I'm gonna recall the
• 2:55:45
  bond forfeiture. This is your initial appearance
• 2:55:48
  and cause number 26, bccr 0143. You're charged.
• 2:55:58
  With the second degree, felony offense of assault on a piece of
• 2:56:02
  stand-up strength. Don't lean on your charts.
• 2:56:04
  With the salt, on a peace officer.
• 2:56:06
  And that's from December 28th of 2025.
• 2:56:09
  Since you've made bond in your case, have you had an
• 2:56:11
  opportunity to try to hire lawyer So what I'm going to do,
• 2:56:16
  miss de Leon is reset your case. Say before I test you this
• 2:56:45
  morning, you can have anything in your system.
• 2:56:47
  All right. Let's double check that have a
• 2:56:49
  seat in that jury Fox. Yes, just take a gentleman.
• 2:56:55
  We just Know, he's pretty good. You can go floating.
• 2:57:00
  Yeah. Yes, sir.
• 2:57:08
  Diona, Paul was yet took care of that one, right?
• 2:57:11
  Do you want to call already? Who else do I have upstairs?
• 2:57:16
  Just Maybe says, let me see Christy Johnson.
• 2:57:28
  John. Ms Johnson is very important
• 2:57:42
  that you're here on time to court.
• 2:57:44
  I'm sorry. I was a store.
• 2:57:50
  I understand, you can say it's very busy, so I call the cases,
• 2:57:53
  and you get a bond. Forfeiture, if you're not here,
• 2:57:55
  I'm gonna recall that bond for sure.
• 2:57:57
  This is your initial appearance. In Paul's number 25, DC or one
• 2:58:06
  day at age two, your charge with the third degree felony offense
• 2:58:10
  of harassment, of a public servant, from October 29th of
• 2:58:13
  2025. Since you've made bond in your
• 2:58:16
  case, if you had an opportunity to hire a lawyer, yeah, I'm
• 2:58:19
  trying to hire you the good one because it's a false report and
• 2:58:22
  I was reporting this evening, but serious passion of a 363.
• 2:58:25
  That's okay. You don't have to tell me all
• 2:58:26
  that. So here's what I'm trying to get
• 2:58:28
  a good lawyer the one I really use he said that you have told
• 2:58:31
  one and it's gonna be worthless and you didn't use and it was
• 2:58:33
  gonna go so I was trying to go well whatever happens between
• 2:58:36
  you and the District Attorney's office.
• 2:58:38
  I don't that's not up to me if a case gets dismissed or not.
• 2:58:41
  So I'm going to reset your case for about 30 days to give you
• 2:58:44
  some time to hire someone if you get a lawyer hired before the
• 2:58:47
  next court date just bring the reset notice that you get today
• 2:58:51
  to that lawyer and they'll tell you what to do.
• 2:58:53
  Okay, if you're unable to hire someone before the next court
• 2:58:56
  date, then I'm ordering you to visit with at least three, they
• 2:58:59
  all charge different amounts. They have different payment
• 2:59:01
  plans bring me the names of the lawyers.
• 2:59:03
  She talked to when you come back so I know you're trying and then
• 2:59:05
  we'll discuss your options. And if you don't do that, then
• 2:59:08
  when you come back you run the risk of me raising your bond,
• 2:59:11
  you're not following that court order new device to jail.
• 2:59:13
  Well, you understand the three. soul Well talk to I mean that
• 2:59:17
  the point of it is to hire someone not just to get the
• 2:59:19
  three names. I want you to hire someone
• 2:59:21
  before the next four days, but you'll see when you're talking
• 2:59:23
  to him that they all have different plans and things like
• 2:59:27
  that. So if you can't get someone
• 2:59:28
  higher bring me the names of who you've talked to.
• 2:59:30
  Okay step in front should give your reset notice.
• 2:59:35
  Okay. and, Pushes. It was about to stay home, you
• 2:59:52
  need to be good, okay? So we need to Kevin Scott here.
• 3:00:07
  Mr. Scott Mr. Burbank is still in trial next door from a trial.
• 3:00:11
  That started Nick last week is going to reset your case for a
• 3:00:14
  couple of weeks or so, make sure you stay in touch with your
• 3:00:16
  bondsman and Mr. Burbank and they'll let you know, when to be
• 3:00:19
  back, you're free to go sir. Mr. All right, Mr. Simon, so you
• 3:00:34
  tested negative, which is great. And so what I'm going to do Mr.
• 3:00:38
  Simon is reset. Both of your cases for about 30
• 3:00:40
  days to give you some time to try to hire someone.
• 3:00:42
  You give me everybody gets everybody gets 30 days.
• 3:00:46
  And so, if you don't get someone hired before the 30 days, then
• 3:00:50
  bring me information about who you've talked to bring me
• 3:00:53
  information about where you've attempted to get a job.
• 3:00:56
  If you get a job, bring me a pay stub, look like applications or
• 3:01:02
  yes, whatever you can do to show me because you're online now,
• 3:01:06
  then print it out screenshot it, do whatever you need to so that
• 3:01:10
  you can bring me through what you're doing, okay?
• 3:01:12
  Step in front of the clerk, please.
• 3:01:31
  Mr. Pageant Kenneth Spears. I'll talk to him.
• 3:01:40
  I'm ready. food Christianity Yeah morning.
• 3:01:55
  Sure. Coleman are you getting as much?
• 3:02:01
  Yes? You would think something like
• 3:02:07
  this never happened before it's not.
• 3:02:11
  Focus on learning Fox I agree. Thank you.
• 3:02:27
  That's my Story, you can't Spears and Mr. Patrick.
• 3:02:35
  Will your client with the formal reading of the indictment?
• 3:02:38
  Yeah, sure. All right.
• 3:02:52
  And we're going on with the diamond.
• 3:02:56
  Yes, sir. That's my understanding your
• 3:02:58
  Spears. And cause number 25 dccr 1425.
• 3:03:06
  You're charged with the state jail, felony offense of
• 3:03:09
  fraudulent, use, or possession of credit or debit cards from
• 3:03:13
  July. 17th of 2025, your indictment alleges that you were
• 3:03:17
  previously convicted. Of attempted forgery pipe
• 3:03:23
  possession, a state jail, felony May 1st of 2000 also well it
• 3:03:28
  looks like on that same day, three offenses of attempted
• 3:03:32
  forgery by possession and then after those were final, you were
• 3:03:36
  convicted of possession of a controlled substance of state
• 3:03:39
  jail, felony March, 22nd of 2006.
• 3:03:44
  Two cases of possession of a controlled substance on that
• 3:03:47
  same day. And then after that was fine or
• 3:03:49
  those were final you were convicted of the state jail,
• 3:03:51
  felony offense so that they need a registered attention.
• 3:03:53
  January 6th of 2014 and how do you pleaded the charge of
• 3:03:58
  fraudulent user possession of a credit or debit card?
• 3:04:01
  I'm sorry and are those prior convictions.
• 3:04:06
  Truth are you did you enter your plea of guilty and Truth freely
• 3:04:10
  and voluntarily Speak up please. And did you play guilty?
• 3:04:15
  Because you actually did what they charge you with.
• 3:04:17
  I have here on the tablet. Some documents that have your
• 3:04:20
  signature on them that the state's marked as exhibit.
• 3:04:22
  Number one. Before you sign these did you go
• 3:04:25
  over them with Mr? Padgett.
• 3:04:27
  Do you fully understand that? And it looks like there is not
• 3:04:31
  agreement, which means you're leaving your punishment up to
• 3:04:34
  the court and the branch of punishment for this offence.
• 3:04:37
  With those prior convictions would be that of a third degree
• 3:04:40
  felony which is between two years and up to 10 years.
• 3:04:42
  And what that means is that I can send you anywhere in that
• 3:04:46
  range of punishment. You have every right to have a
• 3:04:50
  jury come in and decide two things.
• 3:04:52
  One, if your guilty or not and then the second is you could
• 3:04:54
  leave your punishment up to that jury.
• 3:04:56
  If we go forward, you'll be waiting that is that what you
• 3:05:00
  want to do? And so there is no agreement.
• 3:05:05
  So he does have right to appeal. But you guys have signed the
• 3:05:10
  post-convention, white waters, same things a few times in your
• 3:05:13
  it's correct. We need to I need to take it
• 3:05:16
  back and all just stay has no objection to you.
• 3:05:19
  I'll just Mark. We have no, because there's no
• 3:05:22
  agreement. You do have some rights to
• 3:05:24
  appeal, depending on what happens.
• 3:05:26
  And And that as well. Do you also understand if you're
• 3:05:34
  not a US citizen that a plea of guilty or no contest may result
• 3:05:37
  in your deportation exclusion from admission to the country or
• 3:05:41
  denial of naturalization and her federal law.
• 3:05:44
  Speak at least and it looks like the state is recommending and of
• 3:05:49
  course, we'll see with the prisoners.
• 3:05:51
  Report comes back of five year term.
• 3:05:52
  You are asking through your attorney for a deferred
• 3:05:55
  probation. Is that correct State tenders
• 3:05:57
  number one? No objections to say someone
• 3:05:59
  your own, it's admitted. Is there any evidence that Mr.
• 3:06:01
  Speaker does not competition on your honor?
• 3:06:03
  All right, sir. I'm going to find that you enter
• 3:06:05
  plea of guilty and Truth, freely and voluntarily find that you're
• 3:06:08
  mentally competent, and understand the nature and the
• 3:06:11
  consequences of your plea. Find sufficient evidence to find
• 3:06:14
  you guilty. However, I'm going to reset your
• 3:06:16
  case for sentencing. So that the probation department
• 3:06:18
  can do three sentence report that will give me more
• 3:06:21
  information about you, your this case, your history and then
• 3:06:23
  we'll come back later for sending anything that you can
• 3:06:27
  support for me to know, gets that information to Mr. Pageant
• 3:06:30
  he will present it to me on your behalf when we come back.
• 3:06:32
  All right you need to stop and talk to probation on your way
• 3:06:35
  out of the courtroom today and she's at that desk over there.
• 3:06:38
  All right, we'll see you back soon.
• 3:06:40
  Thank you. TCF Live friends.
• 3:06:49
  Entering our four. Now Let's do more Court.
• 3:06:54
  Let's go down to Let's go down to Florida Brantley Clarke.
• 3:07:00
  Haven't seen him in a while. See what's going on?
• 3:07:10
  Here, this is Janiyah. Edwards case number 23, 24 51,
• 3:07:19
  which is the vop and 263 159, which is a new law violation.
• 3:07:23
  Asked, you withdraws are previously, interplay of not
• 3:07:27
  guilty in case number 23 2951, I'm sorry 241.
• 3:07:33
  So, enter admission of violation of probation based on a burglary
• 3:07:38
  of a conveyance. A third degree felony
• 3:07:40
  punishable. But by up to five years in the
• 3:07:42
  Department of Corrections in case.
• 3:07:44
  Number 26, 3:59 She's gonna enter play of no contest account
• 3:07:49
  to DV battery. A first-degree Ms. Minor
• 3:07:53
  punishment by one year in the county jail. a percentage of
• 3:07:57
  negotiation, but the state should be adjudicated guilty
• 3:07:59
  including the underlying felony and the vop Her probation will
• 3:08:04
  be extended 48 months, to pay court costs and fines.
• 3:08:08
  She has 48 days, jail credit, 50 hours community service work.
• 3:08:12
  In addition to what she already had.
• 3:08:14
  Twenty dollars a month, cost of supervision Department of Motor
• 3:08:18
  Vehicles, May apply additional policies time served on the
• 3:08:21
  misdemeanor, DNA sample, mental health, evaluation and
• 3:08:25
  counseling, is recommended no contact.
• 3:08:28
  I'm sorry. Peaceful contact with the victim
• 3:08:31
  for time sharing. To the remaining county is
• 3:08:34
  Consolidated, defendant must complete, the VIP program with
• 3:08:39
  the state. Yes, all right.
• 3:08:56
  I said, well you can lower your hand man station name.
• 3:08:58
  That mean it was. That would you heard the
• 3:09:01
  announcement before he is that correct?
• 3:09:03
  Yes, that's your understanding of the agreement with the state.
• 3:09:06
  Yes. As anybody promise you anything
• 3:09:08
  different? No.
• 3:09:09
  Are you under the influence? Any drug rock, all this morning
• 3:09:12
  which would impair your ability to enter the agreement or
• 3:09:15
  understanding the terms and conditions of mother.
• 3:09:18
  I've been handed a freeway consent form.
• 3:09:19
  There's a front on the back so signature defendant line is that
• 3:09:23
  yours? Yes sir.
• 3:09:26
  If you had a chance to read that agreement.
• 3:09:28
  Yes, sir. Have you had a chance to go over
• 3:09:30
  Mr? McCarthy your violence probation
• 3:09:33
  and your new charge? Yes, I have.
• 3:09:35
  You had sufficient time to speak with Ms. McCarthy about your
• 3:09:38
  case. Yes, sir.
• 3:09:39
  Are you satisfied with your lawyers?
• 3:09:40
  Advise and counsel? Yes, I do.
• 3:09:43
  You understand that being in the plea, you're waiving your right
• 3:09:45
  to have an evidential Hearing in the violation of probation and
• 3:09:47
  you're waiving your right to have a trial?
• 3:09:48
  I'm a new charge. Yes, sir, waiving your right
• 3:09:51
  require the state through delegations against you.
• 3:09:53
  Yes, you're waiving your right to have.
• 3:09:55
  Your attorney crosses down the stage Witnesses, and Contessa
• 3:09:58
  ever been waiting your right to present any defenses that you
• 3:10:01
  might have to the allegations. Yes.
• 3:10:03
  When you're right disappear, your own Witnesses.
• 3:10:05
  Come to court. Test on your behalf if you
• 3:10:08
  waiting test. I don't mean Sonic the trial
• 3:10:10
  which you get a decision. You'd have to make.
• 3:10:12
  Yes, whether you're right to appeal anything but a new legal
• 3:10:15
  senates. Yes.
• 3:10:16
  Are you doing this? Young Free Will.
• 3:10:18
  Yes. Is that was the you feel this
• 3:10:20
  place in your best interest? Yes.
• 3:10:22
  You understand if you're not a citizen of the United States,
• 3:10:24
  you may be subjecting yourself to people.
• 3:10:26
  Proceed. Yes.
• 3:10:28
  Except the stipulation will find us a promise you can find it.
• 3:10:32
  There's Everly was free. The involuntary made after
• 3:10:34
  consultation or attorney I'm going to accept it.
• 3:10:37
  He's adjudicated guilty on. This is 26 3:54 of the domestic
• 3:10:42
  violence battery sentence the time, she served in the Bay,
• 3:10:45
  County Jail, giving credit for that time.
• 3:10:46
  On case number 23, CF 2951. I am going to accept her
• 3:10:54
  Mission. She her probation is modified as
• 3:10:56
  policies adjudicated guilty of burglary of a conveyance.
• 3:11:00
  Or probation is extended 48 months, on the original sentence
• 3:11:03
  date. She must complete and batters
• 3:11:09
  Intervention Program as a special condition of a
• 3:11:11
  probation. She may have peaceful contact
• 3:11:13
  with your debt ledge victim in the victim, in the domestic
• 3:11:16
  violence for time sharing. All of the conditions that were
• 3:11:23
  imposed are reimposed. There's an additional $250
• 3:11:26
  imposed today for the cost of the prosecution of Vice
• 3:11:29
  probation. Is that what you have 30 days to
• 3:11:31
  file your notice of appeal? If you wish to peel your
• 3:11:33
  judgment Center, if you like to have an attorney representation,
• 3:11:35
  you can't afford one one, maybe one representation.
• 3:11:38
  No charge. Good luck to you.
• 3:11:39
  Step up anything on that battery and regular, that's yours.
• 3:12:03
  Honor her case number is 26 280 and we have a felony PTI.
• 3:12:07
  So we just need a tracking date for her.
• 3:12:09
  I'm gonna set up for April 23rd at 1:30 to allow her to set an
• 3:12:15
  appointment with the Department of Probation and go over the
• 3:12:19
  contract. And then I am going to release
• 3:12:22
  her from her bond and she'll be on her own release on our own
• 3:12:25
  recordings and to step over to the probation officers.
• 3:12:54
  going to be entering a no contest to one count of false
• 3:12:58
  report of a bomb adjudicated guilty since the 60 months of
• 3:13:02
  probation is called some funds will be 1,028.000 a month cost
• 3:13:09
  supervision drug and alcohol evaluation counseling with
• 3:13:11
  recommended Euro to use a control substances random year
• 3:13:15
  now, and it's Adjudicated, there's no misdemeanors or
• 3:13:20
  anything, right? Awesome into a DNA sample for
• 3:13:25
  any Seas items. Like there's a virtual basis for
• 3:13:28
  purposes of the plea. And mental health, evaluation
• 3:13:31
  and counseling is recommended no contact with any victims.
• 3:13:34
  Actually, Here.
• 3:14:09
  All right, Mr. Whitaker, you can lower your hands certain state
• 3:14:12
  your name. Hi, my name is Brandon Deon
• 3:14:14
  Whitaker. You put your hand down, Mr.
• 3:14:16
  Whitaker, you heard the announcement of Mr. Killian is
• 3:14:18
  that correct? Yes, sir.
• 3:14:19
  Is that your understanding of the agreement with the state?
• 3:14:21
  Yes. Sir.
• 3:14:22
  Has anybody promised you anything different?
• 3:14:24
  No. Sir.
• 3:14:25
  Are you under the influence? Any drugs, rock all this morning
• 3:14:28
  which would impair your ability to enter the agreement or
• 3:14:31
  understand. Either the terms and conditions
• 3:14:33
  of it? No, sir, I've been here.
• 3:14:35
  There's a front on the back of the document is a signature of
• 3:14:39
  the defendant line. Is that yours?
• 3:14:40
  Yes. Sir.
• 3:14:41
  Have you adopted to read that agreement?
• 3:14:43
  Yes sir. Yeah.
• 3:14:45
  The opportunity to go over your case with Mr. Killian.
• 3:14:47
  Yes, sir. If you had sufficient time to
• 3:14:50
  speak English about your case. Yes sir.
• 3:14:52
  Yeah, he satisfied with your lawyers.
• 3:14:54
  Advise encounter. Yes, sir.
• 3:14:56
  I am. You understand that?
• 3:14:57
  The police you're waiving your right to go to trial?
• 3:14:59
  Yes sir. I do baby right to have your
• 3:15:01
  attorney crossing, the state Witnesses?
• 3:15:03
  Yes, sir waiting. Right?
• 3:15:06
  Require the state proved allegations against you yes,
• 3:15:09
  sir. The way me, right, to present
• 3:15:11
  any defenses that you might have to the allegations?
• 3:15:13
  Yes, sir. Wait, you're right, it's up in
• 3:15:15
  your own Witnesses. Come to court test on your
• 3:15:17
  behalf. Yes, sir.
• 3:15:18
  When you're right, that's how to remain size solid at the trial,
• 3:15:21
  which will be a decision. You'd have to make yes sir,
• 3:15:23
  whether you're right to appeal, anything, but an illegal
• 3:15:26
  sentence? Yes.
• 3:15:27
  Sir, you do this. Your own free will.
• 3:15:29
  Yes, Sir. Whitaker do you feel this
• 3:15:31
  pleasure, your best interest? Yes, sir.
• 3:15:33
  You understand if you understand, if you're not a
• 3:15:35
  citizen of the United States, you may be subjecting yourself.
• 3:15:37
  The deportation proceedings by entering the plea.
• 3:15:39
  Yes, I'm gonna find it Mr. Whitaker's play with free them
• 3:15:45
  voluntarily made. After consultation, with this
• 3:15:47
  attorney, I'm going to accept it.
• 3:15:48
  He's a judicator guilty of false report of a bomb.
• 3:15:51
  He's placed on Turner probation, not to exceed 60 months.
• 3:15:54
  He's ordered to pay fines and thoughts finds and cost 1,028
• 3:15:59
  dollars. He must complete 100.00 a month
• 3:16:03
  to the Bay County work program. I'll get the Florida Department.
• 3:16:06
  Corrections to discussion to amend that to the direct from
• 3:16:09
  probation office then the next 30 days.
• 3:16:11
  He must undergo a drug and alcohol abuse, you all
• 3:16:14
  recommended counseling, 0 to use of any control substances, Not
• 3:16:18
  prescribed by treating physician, he'll be subject to
• 3:16:20
  random uas at his own expense. Also, within the next 30 days,
• 3:16:24
  you must undergo a mental health evaluation and follow any
• 3:16:26
  recommended counseling. If he's required to give a DNA
• 3:16:29
  sample, he must submit one. Therefore, for any Seas items
• 3:16:32
  Whitaker, you have 30 days to file, your notice of appeal?
• 3:16:34
  If you wish to appeal this judgment sentence, do you like
• 3:16:37
  to have an attorney to represent?
• 3:16:38
  You can't afford one one. Maybe if one represent you at.
• 3:16:42
  No charge. Good luck to you sir and you
• 3:16:43
  step over your fingerprints? Probation office.
• 3:16:45
  Yes, sir. And I apologize?
• 3:16:46
  Yes, sir. Aaron.
• 3:17:11
  Have you ever find out information?
• 3:17:17
  We'll wait before my reading of the information, entropy of not
• 3:17:21
  guilty and ask for a day. I'd like to see this.
• 3:17:25
  You need to take the check with Ms McCarthy, and it was no
• 3:17:37
  evidence. There was no more.
• 3:17:38
  You've never even mentioned. You never even contact me in
• 3:17:43
  jail and Inside no. No, I got the paperwork here you
• 3:17:49
  have not I have. Apologized and I'm I'm getting
• 3:17:54
  my disability checks stolen from me being in jail or I'm gonna
• 3:18:00
  sit and up. What was that April 23rd?
• 3:18:02
  Yes, sir, April 23rd. Thank you.
• 3:18:09
  Jessica Hall This is just a halt case number 242333.
• 3:18:23
  Um. And Miss Haase her case is too
• 3:18:28
  two and a half years old. It's her heart.
• 3:18:31
  Defender has already pledged to it.
• 3:18:32
  It was. Putting a telephone into a
• 3:18:39
  machine. So we're asking to reduce the
• 3:18:41
  bond if we could it's 25,000 right now.
• 3:18:58
  well, just An outstanding warrant on this
• 3:19:31
  case. For two years, the defendant was
• 3:19:33
  not picked up until recently although in a standard case a
• 3:19:38
  lower Bond might have been fair to the significant given the
• 3:19:41
  private history being a flight risk of two years to get a
• 3:19:45
  service this morning, they would object to any modification of
• 3:19:47
  bond. Well I'm going to now, they were
• 3:19:50
  tennis Bond at this time if you want to file a nation but yes
• 3:19:52
  sir. All right.
• 3:19:54
  And we'll set it. Well, enter well wait for more
• 3:19:56
  reading enter. April 23rd.
• 3:20:15
  A little better take her back before she gets the before I do
• 3:20:18
  modify the bond. You know, this is Tara Wells
• 3:20:24
  she's here before in case 26 303 and information's been filed in
• 3:20:28
  a play of not guilty demand for Discovery trial by jury.
• 3:20:31
  She also has a Bop case 25411.25 1789 will enter a denial if we
• 3:20:38
  could pass her. What do you think a month you'd
• 3:20:40
  be ready in a month? Yeah, you're honored what's
• 3:20:43
  going on in this case? It's just you misdemeanors are
• 3:20:45
  going to be transferred the Circuit Court essential to be
• 3:20:48
  arraigned on that and then we'll be a sort of Adventure.
• 3:20:50
  Okay, so you want to set up for an arraignment in April or you
• 3:20:54
  want to set it for a VPN April? Probably better soon for another
• 3:20:58
  was set up for April 20th at 9:00.
• 3:21:01
  We're gonna rain it anticipated new charges and then we'll set
• 3:21:04
  an evidentiary after that day if there's not a resolution.
• 3:21:25
  Here. Yes, sir.
• 3:22:00
  Shannon Coley. The state has filed an
• 3:22:09
  information in this case way to formal reading interplay of not
• 3:22:12
  guilty. She has a new case on the April
• 3:22:17
  20th. Docket, if we can just go to
• 3:22:21
  that date, the state has made a three-year prison offer, she's
• 3:22:23
  rejecting that I will set everything April 20th at 9:00
• 3:22:26
  and we'll play the place. Those what's the other charts
• 3:22:29
  and it's about. Yeah, let's set up for said,
• 3:22:37
  everything for April, we do it in Naples.
• 3:22:40
  So yes around this set for April 22nd at 9:00 for the arraignment
• 3:22:44
  and free trial on the new charge and also a preliminary on the
• 3:22:48
  GOP and at 1:30 for an evidentiary hearing on the VIP.
• 3:22:56
  Yeah, we moved the arraignment to the yes, ma'am.
• 3:23:25
  Pablo Riviera One this way. Um Right.
• 3:23:44
  I don't know if there's a information in this case yet
• 3:23:50
  you're on. She?
• 3:23:56
  Okay, we'll wait a few more reading.
• 3:23:58
  Interplay of not guilty he comes back on.
• 3:24:01
  Friday for a bond reduction hearing.
• 3:24:03
  So who is this? Again, this is Pablo Riva did
• 3:24:07
  everybody. We'll see.
• 3:24:14
  Friday morning. See you Friday.
• 3:24:16
  Okay. He's here before in case 26603
• 3:24:43
  and information has been filed and are not going to demand for
• 3:24:46
  Discovery. I do believe that we may be on
• 3:24:49
  your bond. Docket for Friday.
• 3:24:52
  What's his name, Sullivan? Oh, yes, we'll see us seeing
• 3:25:01
  Friday morning at 9:00. Yes, sir.
• 3:25:12
  Okay, friends. Let's go back up to Michigan for
• 3:25:16
  another round with judge Elmore. Also, before the court, this
• 3:25:23
  morning, Mr. Kevin Stephanie. He's the 18th and Corrections.
• 3:25:27
  We prepared today's three cents of Investigation or we're here
• 3:25:30
  today we're sentencing after a no contest was accepted back on
• 3:25:34
  February 6th of this year. Two and colonies and salt or
• 3:25:40
  assault with a dangerous weapon. or alternative received some
• 3:25:46
  statements and Certifications Performance, training centers.
• 3:25:57
  Managing stressors, paintings. There was a certificate that
• 3:26:09
  Came from Meridian residential treatment program.
• 3:26:14
  So, David from a peer recovery coach and That as well.
• 3:26:27
  Thank you, Mr. Carnes did you have any amendments Corrections
• 3:26:32
  or objections to make the contents of the report know
• 3:26:35
  you're on? How about you?
• 3:26:36
  Mr. Minkowitz, I've been over the presented information Report
• 3:26:39
  with my client and either one of us had any additions Corrections
• 3:26:43
  or deletions. Thank.
• 3:26:56
  one of the few times where somebody filled in almost all of
• 3:26:59
  the language, Like that. I really appreciate it.
• 3:27:06
  Tells me that it's not made up. All right.
• 3:27:12
  Allocation, or any Victim Impact statements?
• 3:27:15
  So again, we have let's Express. Oh, that's right.
• 3:27:28
  He may proceed and it's a written statement from him.
• 3:27:31
  Okay. Go ahead.
• 3:27:33
  You're honor. My name is Angela Kirchner.
• 3:27:36
  I am one of the victims in kids I am also the mother of two
• 3:27:40
  children Madeline and Douglas were also victims near me.
• 3:27:44
  Dave benefits of the day have been have had a profound.
• 3:27:48
  And last week, in fact, I'm Mia children here.
• 3:27:52
  We experienced this very real and very overly the sound of the
• 3:27:56
  trigger being pulled. Well, the gun was pointed at my
• 3:27:59
  head is something I will never forget.
• 3:28:02
  Emotional impact of that. I was about to kill by someone
• 3:28:06
  who is supposed to protect in Germany is something that Has
• 3:28:10
  and we'll see what we for a long time.
• 3:28:12
  Sunset day my children and I have been working through the
• 3:28:16
  trauma and the incident did that for an isolation.
• 3:28:19
  It came after a long history of mental and emotional deals that
• 3:28:24
  was created an environment of fear manipulation control within
• 3:28:28
  our family. Over time to behavior is
• 3:28:31
  affected our sense of safety, trust.
• 3:28:33
  And wellbeing We have been working in therapy to understand
• 3:28:37
  and hear from the cycle of harm and resulted from Rachel's
• 3:28:41
  pattern of behavior. We have also fell uncomfortable
• 3:28:45
  and uneasy by his attempts, to contact his extended family
• 3:28:49
  members and friends, on social media.
• 3:28:52
  Requests feel intrusive and concerning to us given the long
• 3:28:57
  history of the nucleation and emotional abuse from him, as
• 3:29:01
  well as circumstances. In this case, it makes me, it
• 3:29:05
  makes us feel as though our boundaries are not being
• 3:29:08
  respected and adds to our exam anxiety of other safety and
• 3:29:12
  privacy. This experience has left us with
• 3:29:15
  anxiety fear and deep sense of vulnerability.
• 3:29:19
  As their mother is extremely difficult to watch Madeline and
• 3:29:23
  Douglas. Have had to go through in
• 3:29:25
  dealing with this incident. My children.
• 3:29:29
  Children have had to cope with trauma that not a child
• 3:29:34
  regardless of age should ever have children.
• 3:29:38
  Especially from their own fathers.
• 3:29:41
  For our safety and our continued healing.
• 3:29:43
  They just extremely important that the milk concepts are
• 3:29:45
  remaining like and we feel ready and safe.
• 3:29:49
  Right now. Contact with only reopen loans,
• 3:29:51
  and discuss the progress that we are trying to make a good. when
• 3:29:54
  you time and distance in order to recover and rebuild our sense
• 3:29:57
  of security, what makes a situation difficult to see the
• 3:30:02
  attempts to shift? Blame for minimize what
• 3:30:05
  happened? For the three of us that were
• 3:30:08
  affected, the fear and the trauma were real, and the impact
• 3:30:13
  to our lives. Continued, every continues,
• 3:30:15
  every day, the emotional damage of the experience, does not
• 3:30:19
  disappear simply because the Drone was empty.
• 3:30:23
  I hope in sharing this statement is that the court understands
• 3:30:26
  the seriousness of what we experience and the lasting
• 3:30:31
  impact that has had on me and my children's lives.
• 3:30:34
  This was not a moment or judgment.
• 3:30:37
  It was an act of profound like electrical trauma to the entire
• 3:30:43
  family. we asked for considered the safety of my family and the
• 3:30:49
  long-term impact of the crime when determining friends and We
• 3:30:52
  need time distance, you can continue protection that.
• 3:30:58
  The no contact order will provide a in order to heal.
• 3:31:01
  Thank you for allowing me to share how this is affected me
• 3:31:05
  and my children. That's one of your honor.
• 3:31:13
  My name is Douglas Kirchner, I am 14 years old, I was 13 years
• 3:31:18
  old. When my dad pointed a gun at my
• 3:31:20
  mom's house and had it and at me and my sister and then pulled
• 3:31:24
  the trigger. When he pointed the gun at me
• 3:31:27
  and my sister and pulled the trigger, I thought I was going
• 3:31:30
  to die. I did not know the gun was
• 3:31:33
  unloaded. I was very very scared.
• 3:31:36
  And I think I still think about it every day.
• 3:31:39
  And that night I felt different I have felt different.
• 3:31:42
  I felt anxiety. I have sense that.
• 3:31:46
  He has been out of jail. I feel less unsafe than I feel.
• 3:31:51
  Less safe than I used to it has been hard for our family and I'm
• 3:31:55
  going to a therapist to talk about my fears and anxiety.
• 3:31:59
  My Dad was supposed to protect me but that changed how I feel
• 3:32:02
  about being safe and trusting people right now.
• 3:32:06
  I feel like it's important that the no contact order just stands
• 3:32:10
  like so that I can feel safe and focus on human.
• 3:32:13
  I don't want to have any contact with him right now.
• 3:32:16
  I'm asking the court to consider how frightening that moment was
• 3:32:19
  for me and how it still affects me today.
• 3:32:28
  Here on my name is Madeline Kirkman.
• 3:32:31
  I'm one of the victims in this case.
• 3:32:33
  I am working strongly and urgently request that current no
• 3:32:37
  contact order involving Mitchell Kirchner nickel Mitchell Douglas
• 3:32:41
  Kirchner remains in a full effect.
• 3:32:44
  This order was put in place for a reason, and how has helped me
• 3:32:49
  feel even the slightest level of research security.
• 3:32:54
  This day happened, the day, this happened.
• 3:32:57
  It was something. I will never forget when my
• 3:32:59
  father pointed a gun at my head and pulled the triggers.
• 3:33:02
  I really believed I was about to be a victim of murder in that
• 3:33:07
  moment. I thought fear and shock that
• 3:33:10
  are very difficult for a branch of process or even describe.
• 3:33:15
  No shelter, child or adult should ever have to face
• 3:33:18
  something like that, especially from their own connection.
• 3:33:23
  Even the goal, even though the gun was later found to be
• 3:33:26
  unloaded, I did not know that at the time.
• 3:33:29
  I believe my wife was ending. He has stayed with me and
• 3:33:35
  continues to affect me emotionally.
• 3:33:39
  This was not a minor or misunderstanding misunderstood
• 3:33:42
  situation, it was a life threatening act that
• 3:33:44
  demonstrated as a complete disregard or forfeiture of my
• 3:33:49
  well-being. I have been dealing with anxiety
• 3:33:53
  and emotional trauma. Our family has been working
• 3:33:56
  through these experiences in therapy.
• 3:34:00
  Kind of support understands that they are dealing with a man that
• 3:34:03
  does not feel remorseful for his actions and we'll push our
• 3:34:07
  boundaries. I do not believe my safety would
• 3:34:10
  be respected without continuing legal production.
• 3:34:14
  It may be in danger is the no contact.
• 3:34:16
  Order is unique due to the previous threats.
• 3:34:19
  On my way from Mitchell. For my own well-being and
• 3:34:24
  safety. I believe that it is important
• 3:34:25
  and a bag, the court that the no contact order remain in place.
• 3:34:30
  For the sake of, my fiance my future son and I right now the
• 3:34:36
  distance is absolutely pertinent so that I can continue to heal.
• 3:34:41
  I hope the court understands that what happened that day has
• 3:34:44
  changed, how I feel about 80 and trust and ask that my family and
• 3:34:50
  my family safety and healing, we take into consideration.
• 3:34:55
  Is decided. due to Mitchell's lack of exceptions for spouse
• 3:34:59
  ability for his actions, I asked the no contact order that you
• 3:35:05
  have something maximum possible punishment for his crime.
• 3:35:09
  Against me, my brother, and my mother.
• 3:35:13
  Thank you for allowing me to share how this is affected me.
• 3:35:16
  And the people I love, To Mitchell.
• 3:35:20
  I hope this day has been a wake-up call for you regarding
• 3:35:23
  your poor choices and actions in life.
• 3:35:26
  What would your father say about the things you have done to us?
• 3:35:30
  Just food for thought. Romans 12, 19, beloved, never
• 3:35:35
  Avengers results but leave to the wrath of God for it is
• 3:35:39
  written. Vengeance is mine.
• 3:35:41
  I will repay so All right. So we're going to real open and
• 3:35:52
  issue. and, inside the PSI on ch24 page, three new that there
• 3:36:11
  wasn't any Victim Impact David to be attached and then it was
• 3:36:15
  to be ready now. Open any better, understand why?
• 3:36:20
  And now talking is gonna talk him before.
• 3:36:23
  What it's now. Because I have information, That
• 3:36:27
  establishes buyer for partners. The evidence issues for the
• 3:36:30
  offense variables. So, let's take a look here at
• 3:36:35
  offense. Now they may or may not be It
• 3:36:40
  may or may not change their to understand that, his prv is
• 3:36:43
  overview levels. Already, maxed out, because for
• 3:36:46
  a Class 8 defense, it's maxes out at 161 points.
• 3:36:53
  He's at 55. I was no ovie.
• 3:36:59
  Four score. That's your sound like serious.
• 3:37:03
  Psychological injury reporting. Professional. for x 10 points
• 3:37:10
  for now. This one, the races and
• 3:37:18
  interesting question. First of all, I don't know why
• 3:37:20
  all be fine. Did not appear in the offense
• 3:37:24
  variable scoring and makes me wonder if the Department of
• 3:37:27
  Corrections. If the program's changed his old
• 3:37:31
  is listed under crime against a person.
• 3:37:35
  You'll know, Mr. Stapleton and it'll be five doesn't even
• 3:37:38
  appear on the guidelines scoring. which makes me wonder
• 3:37:42
  if there's something wrong with the program very well, could be
• 3:37:46
  and that's yeah, that Clearly, there could be some there.
• 3:37:59
  Maybe. Charles take a look.
• 3:38:01
  And I'm gonna, I'll bike counseling Nation.
• 3:38:03
  Objection injections again. but, I don't know why only seven
• 3:38:14
  wasn't scored. Is what I've just heard.
• 3:38:19
  In addition to what I read inside the PSI The victim was
• 3:38:24
  retreated was say, doesn't torture brutality or similar
• 3:38:28
  egregious. Combat designed to Substantially
• 3:38:32
  increase the fear and anxiety, and victim, suffered during the
• 3:38:37
  events. So one events, dangerous salt
• 3:38:40
  with the dangerous Club. It just be pointing the gun.
• 3:38:46
  Or waving the gun. Putting it to a head and pulling
• 3:38:50
  the trigger of your goal click. To me is egregious Connor
• 3:38:56
  designed to substantially increase the fear of anxiety in
• 3:38:59
  the victim. All right.
• 3:39:00
  So let's take a look at offense variable number four.
• 3:39:03
  Any argument has to my position and interpretation of all before
• 3:39:09
  you're over for his properly supported at some points.
• 3:39:15
  There should be one in your drawer just to make it.
• 3:39:19
  So yeah, that's okay next. There's a there should be books
• 3:39:22
  inside your jewelry. I don't put copies in.
• 3:39:29
  That's 10 points. And what the stories there
• 3:39:33
  included that they were getting counseling that obviously that's
• 3:39:36
  why we have Oasis here today. I acknowledge that the computer
• 3:39:44
  program like you're on the bed is probably well that's obvious
• 3:39:47
  for over five or something different.
• 3:39:49
  So that one is seriously a lot of injury required professional
• 3:39:53
  tubing to a victim's family. However that so that that's it.
• 3:40:01
  That's why I mentioned maybe wasn't in the program because of
• 3:40:05
  it. That there may have been a mixed
• 3:40:07
  up in the programming but maybe it didn't apply.
• 3:40:10
  All right, so we've got to add 10 points here for ob-4.
• 3:40:14
  And then the next Point here is ov7.
• 3:40:18
  Ov7 is for that brutality. Supports position that old V7.
• 3:40:27
  Should read 50 points. Because of the click. the fact
• 3:40:39
  that person's thought, That their life was over.
• 3:40:46
  On the end particular issue, the only thing I could add without
• 3:40:52
  minimizing what happened is that this wasn't a point blank
• 3:40:57
  situation. It was in the same room but
• 3:41:00
  yeah, different part of the road.
• 3:41:02
  But again, I yeah, I had a chance to research that
• 3:41:04
  particular point, the Court's going to add 50 points for off
• 3:41:08
  for that offense variable. Allocution Mr. Maple.
• 3:41:29
  Oh wait, Mr. Carson, so Thank you.
• 3:41:38
  By the way, that increases the total Oviedo 115 points.
• 3:41:41
  Thank you you make any. Your honor the victim impact
• 3:41:48
  statements. I like terrifying as well as to
• 3:41:56
  the victims in the moment, and I'd ask the court to take that
• 3:42:00
  into consideration. I do ask important to 36 months
• 3:42:07
  probation. with a no contact order to continue and I believe
• 3:42:13
  this version of The Temptations qualify as a domestic violence
• 3:42:21
  crime therefore, he would not be eligible for that relation.
• 3:42:25
  Thank you. One moment, Mr. Nicky.
• 3:42:36
  Hi Mr. Edmonds, hey John. Again, just like I said, that's
• 3:42:39
  it. It's really not to diminish the
• 3:42:41
  series of this situation at all, I'm like and Mr. Kirchner
• 3:42:44
  seriously would be certainly takes responsibility for this.
• 3:42:48
  This is not a killable plea because what happens here is up
• 3:42:52
  to the court needs fully aware of that your honor.
• 3:42:55
  But it's important to see how we got here today.
• 3:42:57
  And how this Mitchell Kirchner singing before you today is not
• 3:43:01
  the same one, and we saw that Starting off earlier in life,
• 3:43:07
  Mitchell was in the Army, suffered bad Army back injury
• 3:43:11
  and immediately got on the prescription drug, train to a
• 3:43:14
  doctor and all patches Roxy coming on.
• 3:43:19
  I didn't know how to even a thing.
• 3:43:20
  It's even hot work seriously more than regular.
• 3:43:23
  Yeah, so yeah, this is all through a doctor.
• 3:43:26
  He's not drugs off the street. He had different enablers
• 3:43:31
  throughout his life, unfortunately, including a
• 3:43:34
  doctor but the pills still went from his hand to his mouth.
• 3:43:37
  So you but since this event took place, we came to me he'd
• 3:43:45
  already been to Meridian. Inpatient treatment.
• 3:43:47
  He has a counselor. He is ongoing trees.
• 3:43:51
  He has an AA with the sponsor. He has a job doing very, very
• 3:43:56
  well, not in this area of a Down in the Grand Blanc area.
• 3:44:01
  He's making strides on strike upon strides.
• 3:44:04
  Unfortunately, your honor sees is going to result in some
• 3:44:07
  serious trauma, his family and his marriage, but you're on it
• 3:44:12
  when this was initially arrested, he's kind of 52 days
• 3:44:17
  in intake on detoxing the worst 52 days of his luck in a
• 3:44:23
  managing. And he learned an important
• 3:44:25
  lesson about this and that's set him a different path and life.
• 3:44:30
  But again, I submitted a couple letters and certification
• 3:44:34
  showing that he's taking this very seriously.
• 3:44:37
  And I would just end by pointing to page six Mr. Steve Olton
• 3:44:44
  really hit it on the head. I think, when you look at the
• 3:44:46
  substance abuse narrative and you moved into what he's done
• 3:44:50
  since and covered, He goes from taking Valium, fentanyl patch
• 3:44:55
  Roxicodone enough. That my understanding is that
• 3:44:59
  when he was being evaluated by doctors in this matter, if you
• 3:45:03
  stay on this path, you would have been killed again.
• 3:45:05
  He takes four responsibility for having that unloaded gun in his
• 3:45:09
  hand and that living room with his family and pointing pulling
• 3:45:13
  the trigger. He did to himself as well in the
• 3:45:18
  living room, he is beyond himself, he comes most.
• 3:45:23
  The time I talk to me is crying because his kids won't talk to
• 3:45:26
  him anymore because of this your owner he is continues to work
• 3:45:29
  through counseling and his deeply.
• 3:45:31
  Sorry, he thinks about the ability for this horrible night,
• 3:45:35
  what led up to it, but he's happy about the change these
• 3:45:38
  days. All right, if you have the right
• 3:45:44
  to make a statement, if you choose to do so or singing you
• 3:45:47
  wish to say today's sir. All right, you're probably gonna
• 3:45:55
  speak very cautiously because my words can't be taken back well
• 3:45:58
  and hold on I do acknowledge that there was a no contest.
• 3:46:02
  Plea there isn't no conflict please so if you want to stay
• 3:46:05
  away from what happened and just talk a little bit briefly about
• 3:46:08
  all you're doing. I trusted Mr. Banks and talk to
• 3:46:11
  you about that as you just did. Now just you may go ahead, sir.
• 3:46:17
  My wife and children and I moved up to catalyze on a way.
• 3:46:29
  Situation is very strange. Yeah.
• 3:46:37
  I think if anybody else's partner saw them struggling like
• 3:46:41
  that, that they would probably. Since this is happening.
• 3:46:53
  I still can't sleep apart from the 52 years.
• 3:46:56
  I traveled. I basically got I was very
• 3:47:06
  confused just kind of voice but since then as a soldier
• 3:47:10
  basically March forward in every single facet of light head on.
• 3:47:19
  That waiver and I have I cannot think of anything that I could
• 3:47:22
  do. Better myself more I've lost 66
• 3:47:26
  pounds and change everything and I did not.
• 3:47:34
  Every time I just if you need to stop and turn the Mr. Make,
• 3:47:37
  which this absolutely appropriate.
• 3:47:44
  I do. think you can see about my
• 3:47:59
  shaking that I take this very seriously, and I know very
• 3:48:04
  strongly everything that happened since then.
• 3:48:15
  I can't. Not even for my personal
• 3:48:19
  well-being right now. I can't think of anything else I
• 3:48:21
  could have done at this point to better myself and it doesn't the
• 3:48:25
  court did help me push to do that but I did not do this for
• 3:48:28
  you or anybody else I did this because it was the right.
• 3:48:32
  I do absolutely responsibility and it's a very sad sad people.
• 3:48:40
  Thank you so much. All right.
• 3:48:43
  So oh start with the last thing you said I acknowledge and
• 3:48:46
  appreciate how difficult it is or defendant with a no contest.
• 3:48:50
  Plea to make the statement telling people.
• 3:48:52
  It is even just I don't want to say the word.
• 3:48:56
  That way tactically based upon whatever.
• 3:49:02
  I don't hold that against him. I recognize that he's got
• 3:49:07
  clearly don't take any negative from that.
• 3:49:10
  There's a reason why the law allows a no contest please.
• 3:49:13
  And therefore again, I take that on a consideration.
• 3:49:21
  A little bit of. How long were you in the
• 3:49:50
  service? And I don't remember who talked
• 3:49:58
  about this. You were in the National Guard.
• 3:50:00
  Is that right? and, Just wish this basic
• 3:50:12
  information for cfj. 101 would tell me what an MLs he had, but
• 3:50:17
  what was your MLS? But the fact that it's been, it
• 3:50:30
  wasn't part of this most people know that I Was attended
• 3:50:41
  permanent. And it's interesting to me,
• 3:50:45
  because There's a part of it where you want to give credit to
• 3:50:50
  somebody for their service to preached their service. and then
• 3:50:56
  the other hand is kind of goes back and forth across the on the
• 3:51:02
  other hand, that's what soldiers are supposed to do is supposed
• 3:51:05
  to pull themselves up by the bootstraps, put the rock back on
• 3:51:08
  pick up their Firearm heat marching forward.
• 3:51:15
  And so, therefore, you expected a lot more to be expected of
• 3:51:19
  that Soldier. And on the other hand, it's that
• 3:51:22
  mentality, that drives probably will be here.
• 3:51:25
  And that is Driving forward, lots of pain, you know, with the
• 3:51:30
  probably retested and taking the medications and expressed giving
• 3:51:36
  to you by a doctor. so, it goes both ways and oh, I don't.
• 3:51:45
  It's always interesting how to apply prior service.
• 3:51:49
  It helps me lend a little bit more understanding about and
• 3:51:54
  that it was mindset and personality.
• 3:51:59
  I was not an 11 Bravo. I did a lot of some military
• 3:52:03
  stuff jumping out of planes and things like that.
• 3:52:05
  So I get an idea and spent a lot of time giving deployed working
• 3:52:09
  with people who are 11 Broncos. so, I understand At the same
• 3:52:15
  time I look here and say we've got a defendant who are
• 3:52:18
  seriously struggling with some addiction issues. and as I say,
• 3:52:22
  almost every Monday and often on Fridays, Anybody who thinks that
• 3:52:27
  drugs are a victimless crime. Are fooling themselves.
• 3:52:31
  Come spend a Monday morning here in this courtroom and I'll prove
• 3:52:34
  to you. That they are not victimless
• 3:52:36
  crimes. And drug addiction drug.
• 3:52:40
  Use a significant impact on individuals.
• 3:52:46
  And their families and their communities.
• 3:52:50
  It's okay. Go ahead Mister.
• 3:52:54
  Okay, but ask Mr. Mechitza All right.
• 3:53:13
  So again, let's keep going here. This is an intermediate
• 3:53:18
  sanctioned sell, there is an intermediate sanctions.
• 3:53:21
  Sell, statute to talks about how as they presumption of Probation
• 3:53:26
  and finding over confinement. However, that same statue.
• 3:53:32
  Does give the court. Different ways to look at it.
• 3:53:37
  Number one, or can take a look at the factors and say, look at
• 3:53:41
  the facts and say, well, the guidelines are insufficient.
• 3:53:44
  And all the statute allows that. Presumption to not apply an a
• 3:53:53
  serious misdemeanor. And in this instance, the court
• 3:53:56
  finds that the count is a serious misdemeanor.
• 3:54:02
  Here. Yes, I got it.
• 3:54:15
  Anyway. But also it involves there's an
• 3:54:21
  acceptance test seasoning violence and so there's a lot of
• 3:54:24
  my point is there are several exceptions underneath that
• 3:54:27
  definition that will apply here and guideline well exceed.
• 3:54:32
  I mean the offense variable max out at 16 points.
• 3:54:37
  We're up to 150 points and here for it.
• 3:54:41
  Yeah, guidelines really do not adequately cover it.
• 3:54:44
  Now, the party is just reached the map that Court hands and we
• 3:54:49
  were looking at five years offenses, but now we're at
• 3:54:53
  something. Less than that.
• 3:54:57
  Moment. Technically, an attempt.
• 3:55:07
  To a judges are working on, trying to get this language
• 3:55:09
  changed and it's a bit confusing is technically while it does
• 3:55:14
  save this dashboard backs up to 24 months and that's what it
• 3:55:17
  says on the scoring. It's actually not correct.
• 3:55:21
  Actually. Still.
• 3:55:24
  Equal to five years. Or one year in County Jail.
• 3:55:31
  That's actually how the match should read.
• 3:55:33
  I'm going to trust your program is probably messed up for the
• 3:55:37
  same reason. People misunderstand the statute
• 3:55:39
  for Amendment Amendment, sorry? A tempted convictions, if it
• 3:55:46
  worked, less than five years, if the original fence was less than
• 3:55:49
  five years, then. It would be considered a
• 3:55:53
  misdemeanor and it would be possible by up to a half that
• 3:55:57
  period time, right? The original offenses of four
• 3:56:01
  years, four years, okay. I thought we had a five year for
• 3:56:04
  it. No, no.
• 3:56:05
  But I'm sorry, I thought I lost really in a five year old.
• 3:56:09
  Well, thank you, but still, it doesn't include a potentially,
• 3:56:13
  so here we go. A also, the factors here.
• 3:56:20
  This was a terrifying event for these filters.
• 3:56:25
  He's family members. One of them, 13 years of age at
• 3:56:34
  the time. so, the court places the defendant on a period of
• 3:56:42
  probation for 24 months, which is consistent with the
• 3:56:54
  recommendation. Court adopts the terms or
• 3:56:58
  conditions largely that are listed on cfj, 145 Pages, two
• 3:57:02
  and three unless this other except for where the coral wall,
• 3:57:07
  or why is different It's just a 68 dollars, State minimum, clean
• 3:57:13
  100, and 130.00 quart, cost, Mr. Make which your retained in?
• 3:57:22
  My current is an old school, so therefore there's no attorney
• 3:57:26
  fee. Court assesses a 500 hour fine I
• 3:57:32
  assume DNA was taken here. Yes, you're under 60 dollars to
• 3:57:36
  the Wexford County Sheriff's Office.
• 3:57:37
  All right, the court will add that supervision fees and 30
• 3:57:40
  dollars a month for sixty dollars a month if there's any
• 3:57:43
  electronic monitoring. Now, of course everyone's paying
• 3:57:47
  attention to court is now. anal positions for United States
• 3:57:56
  Jail, one second. Maybe the maximum punishment
• 3:58:07
  here is up to 24 months and ask and thank you all for the
• 3:58:12
  correction. That's what he makes an air and
• 3:58:14
  I was in there after some reason I thought we had a five-year
• 3:58:17
  offensive originally, but in any ways were said two years in
• 3:58:21
  prison or one year in jail and 1,000. half of the original
• 3:58:26
  amount of not going to see that I was not going to give a person
• 3:58:31
  is going to get an additional jail and the court sentence that
• 3:58:37
  offended to other days jail with 50 days of credit.
• 3:58:41
  I find that that's reasonable getting the guidelines while
• 3:58:46
  today's Intermediate sanction along allows the court to
• 3:58:52
  override the presumption furthermore.
• 3:58:54
  The court finds it based upon the facts and circumstances of
• 3:58:57
  this case. It's quite egregious and quite
• 3:59:00
  scary and people were important to fear of their lives that it
• 3:59:03
  was going to end. Therefore again, I find that the
• 3:59:09
  sentence is fair reasonable and proportionate on all those
• 3:59:12
  factors. All right.
• 3:59:15
  Have a missed anything Mr. Stephanie.
• 3:59:16
  I know you're Mr. Cars. All right, Mr. Nick was gonna
• 3:59:23
  bring to you Mr. Kershner two copies of one document here
• 3:59:26
  place your name, I'm sorry your initials on the first one doing
• 3:59:30
  so neither elects Norway's any rights.
• 3:59:32
  It really acknowledges your receipt of your copy of the
• 3:59:35
  document, which is the other copy.
• 3:59:37
  Now this document tells you that you have the right tool appeal
• 3:59:40
  the conviction sentence in your case.
• 3:59:43
  Based upon the plea any appeal is done by filing an application
• 3:59:46
  for lead to a few. Now if you choose to file an
• 3:59:50
  application for leave to appeal and you want to court to appoint
• 3:59:54
  an attorney to assist you, you make a complete the bottom half
• 3:59:57
  of the copy that you're going to take with you and you may return
• 4:00:00
  it, but it must be done. So with him 42 days.
• 4:00:06
  Mr. Kirschner do anyone who serves a lot is entrusted and a
• 4:00:16
  lot as an expected in the same to a father and a husband.
• 4:00:19
  We all failed though. In those Meeting those goals
• 4:00:23
  sometimes But challenge for you is to accept it, acknowledge it.
• 4:00:31
  Put that rucksack back on and when you get out, marching the
• 4:00:35
  right direction. I go down that.
• 4:00:37
  You can do it. Based upon the factors that I've
• 4:00:40
  talked about. That's just well, I know that
• 4:00:44
  they're exceeds the guidelines, which were 0 to 6 months again.
• 4:00:48
  I've already stated I think the guidelines Are.
• 4:00:53
  Thank you. Thank you.
• 4:01:16
  Hi. on our next biologist for morning is okay.
• 4:01:24
  Um, I'm kind of glad that it's time to end the day because to
• 4:01:28
  be honest with the, I can't recall the last time.
• 4:01:30
  I've walked away from a hearing this frustrated, and I normally
• 4:01:34
  don't close out my show angry, but I'm angry.
• 4:01:39
  I just, I don't see this one, so 100 days in jail credit, 50 and
• 4:01:44
  two years probation. For putting a gun.
• 4:01:50
  To the head of a family member and pulling the trigger loaded
• 4:01:53
  her on loaded. He put a gun to the head of a
• 4:01:57
  family member and pulled the effing trigger.
• 4:02:03
  So, I'm angry. But I did enjoy my day with you
• 4:02:08
  so thank you for that. We will be back tonight over at
• 4:02:12
  in the blind. Michael Groff and I seven p.m.
• 4:02:15
  Eastern. 4 p.m. Pacific.
• 4:02:16
  Please do join us. There it will.
• 4:02:20
  Be a lot of fun. That is a good show that just
• 4:02:23
  needs to get found. I think we're on what episode 13
• 4:02:26
  or something like that tonight. So do check us out over there
• 4:02:29
  you youtube.com slash at in this Dash, the dash blind.
• 4:02:34
  I'm sure Barbara can drop a link but I just over there and we'll
• 4:02:39
  be back here tomorrow morning. um, not am Eastern 60 and
• 4:02:43
  Pacific a half an hour earlier for your channel member go have
• 4:02:46
  yourselves a good Monday or as good as your Monday can be I'm
• 4:02:51
  gonna go get myself a nice juice or something and get rid of my
• 4:02:57
  anger and get on with my day. But it again it was good being
• 4:03:01
  with all of you. So thank you so much.
• 4:03:02
  Take care. God bless.