Latest / The Courtroom Files / February 25 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #238

Transcript

February 25 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #238 · The Courtroom Files

0:01
Good morning, everybody. Happy Wednesday.
0:02
Welcome to TCF Live. Nice to have you all here.
0:04
Let's start our day in Lake County, Ohio.
0:07
This is Judge O'Donnell. Probable.
0:09
Cause hearing, your honor. Is that what you're going to do?
0:11
Yes, Sir, all. Right.
0:14
So why are we here? You know, I try to to be perfect
0:31
because I got people with depending on me.
0:33
Well, here, don't try to be perfect.
0:38
Nobody's perfect, so don't try to be perfect.
0:41
This isn't a a contest of being perfect, OK?
0:47
You're here on the periphery of this murder that occurred on 2F
0:55
fours, OK? And a lot of it has to do with
1:03
your good buddy triplet. OK, That's why you're here.
1:08
So you're like, right on the edge.
1:13
So I did not send you to prison on these two F fours.
1:25
I sent you to jail for 180 days to complete the jail treatment
1:30
program, then to complete the Neocamp program on the chance
1:38
that you're going to conduct yourself when you're done as a
1:43
law abiding citizen who I think the first thing out of your
1:48
mouth is you've got responsibilities.
1:51
So in order to attend to your responsibilities, you have to
1:57
conduct yourself as a law abiding citizen.
2:04
Yet within a month after you're sentenced, you're here for
2:19
getting in some altercation with other knuckleheads over a God
2:23
damn pastry. So explain this to me.
2:28
It it it started off me having a conversation with Noel, who's
2:33
big takers had got took and he said that he didn't want to shut
2:35
the pod down. And I explained to him like,
2:38
like your steps, you got to like, I shut the pod down and
2:41
then. How does 1 shut the pod down?
2:44
Because not like shut the pod down as in like the CE OS come
2:48
in and investigate it would be on lockdown.
2:50
So so after that, everyone had got into the argument like it
2:55
wasn't, it was an arguable conversation.
2:56
I got into it. It was like I'm a punk kid and
2:59
I'm broke and everything else and I I'm like, as as I said, I
3:03
said, don't pertain to you, just that just stop talking.
3:05
But this is not the first time that he had came to me with with
3:08
some like some some mess, basically some what some mess
3:17
the and then after that it was count time.
3:20
The CEO that came through. I laid down and then me and Noel
3:24
was talking about talking about cars.
3:26
We started talking about cars and then he went back into the
3:29
conversation saying something else.
3:31
And then after I told him like like you got it, he decided to
3:36
start screaming after he started screaming, you can hear me on
3:38
camera saying like you got a bridge, leave me alone.
3:41
And that, that kept going on for like 5, maybe 10 or so minutes.
3:45
And then Mac from downstairs, I came upstairs and had took, he
3:49
was arguing with everyone and everyone was like, are you
3:51
trying to protect your little buddy?
3:53
And then and the Mac was like, no, I'm tired of y'all Irving,
3:55
both of y'all shut up. And then I laid down and then
3:58
him and Mac kept going back and forth.
4:01
And then that was that was the night.
4:02
And then the next morning and woke up and I was in for Frank
4:05
in the hole. So what it What exactly did you
4:10
do wrong in this whole thing? I could.
4:13
I could have just walked away from it.
4:15
OK. Why didn't you walk away from?
4:20
It I really don't know, but I was, I called myself the
4:24
escalating situation. I tell him like you got it like
4:25
instead of me arguing like before saying like I got this, I
4:28
got that. I just say you got it like, like
4:30
like right, right, right. And that's that's what I'm
4:32
saying the whole time. And I really don't know why I
4:36
didn't just just lay down and just be quiet so you can have
4:39
him talk to himself. OK, so who's the bad guy in this
4:42
whole thing? Me.
4:44
And who else? Eberling.
4:49
Eberling. Is that the name Dave?
4:51
Yeah, Eberling. Who's Eberling to you?
4:54
Nobody. Nobody.
4:55
Nobody. What do you know about Eberling,
4:58
Dave? So he is on probation through
5:02
Judge Rubles court for tampering with evidence and theft F5.
5:07
Looks like he got booted out of JTP too.
5:09
OK. How many people are in the jail?
5:19
You have any idea? No.
5:22
How many people are in the jail treatment program that you were
5:25
in? I believe 15 or 20 or so people.
5:28
OK. Out of those 15 or let's say 20,
5:32
what percentage of those of those members of the jail
5:36
treatment program are a have have demonstrated to the rest of
5:43
society that they're a pain in the ass?
5:51
A. 100% OK that's my guess. So they wouldn't be in the jail
5:56
tree. You you've you're you've been a
5:58
pain in the ass to society. OK, so should we continue to try
6:05
to make you not be a pain in the ass to society and conduct
6:10
yourself as a law abiding citizen or should we just
6:17
abandoned that project and send you to prison?
6:20
What should we do with you? Definitely don't abandoned me
6:25
but help to get on the path growth and be a law by a law
6:30
abiding citizen. All right, I, I can help you in
6:34
any number of ways, but if you continue to be a pain in the
6:45
ass, it doesn't matter what I do, doesn't matter what Miss
6:52
Hibbert does, doesn't what matter what anybody does.
6:57
So like I said earlier, you have two F fours because you are on
7:06
the periphery of this Willoughby murder and you were given a
7:15
chance and you decided to get in some argument with Eberling who
7:30
means nothing to you now if you end up a prison inmate.
7:40
And you're probably going to need to have those arguments and
7:44
those confrontations and those and physical fights for every
7:48
day that you're there. That becomes a necessity.
8:02
Did did you actually engage in a physical fight that resulted in
8:06
you being put in a hole? No, it was horse playing with
8:12
Sullivan. I don't know what horse playing
8:14
is. It was.
8:15
It was US wrestling. OK.
8:18
But it was no physical fight. Who was the referee for the
8:21
wrestling match? There was no referee.
8:24
It was three. Never free.
8:26
Who's that's better off? Well.
8:28
You shouldn't do that, OK, Because here's the consequence
8:32
of that. So.
9:09
So I'm going to think about what I'm going to do with you and
9:12
you're going to come back here in about two weeks.
9:16
Miss Hibbert, You can go get a date from Maria.
9:19
Understood, Your Honor. And for the final hearing, and
9:24
then I'm going to decide what I'm going to do with you.
9:39
Well, there you go. That's a good way to start a
9:42
Wednesday. Good morning, everybody.
9:43
It's TCF Live. The more we watch Judge
9:47
O'Donnell, the more I like him and his plain spokenness.
9:51
You've been a pain in the ass to society.
9:54
What am I going to do with you? So many judges could say that
9:58
exact same thing about so many people.
10:01
Let's move up to Michigan. We'll say good morning to Judge
10:04
Dad. Walk away and then you that you
10:06
resisted and obstructed an officer by failing to comply
10:12
with lawful commands. This is both are misdemeanors
10:17
punishable back to 500 fines, 90 days jail costs for all of those
10:21
penalties. Do you understand that?
10:23
Did you sign the advice or rights form here today and did
10:26
you read it and understand it? If you plead guilty, you will be
10:29
giving up all those rights and we're not going to have a trial
10:33
then. Do you understand that?
10:35
All right, you still wish to waive your right to a lawyer.
10:38
I'm entering a not guilty plea on both cases.
10:41
I'm giving you a $500 personal bond.
10:44
You cannot leave the state without the consent of the court
10:46
or violate the law. You must appear in court if
10:49
directed. No alcohol, no marijuana, no
10:53
illegal controlled substances. You cannot purchase, possess or
10:56
consume any one of those. And also no contact with
11:01
prosecution witnesses except through your lawyer.
11:06
I'm sorry. Yeah, except through your
11:07
lawyer. If you ever get one, do you
11:09
understand that it means you can't have contact with
11:15
prosecution witnesses? But if you have any of their
11:19
witnesses, I mean, it could be neighbors, you can't have any
11:22
contact with them. I don't know where you live.
11:25
I don't want to know, but you can't have any contact with
11:28
anybody who they may call. It was on the scene watching
11:33
what happened. You understand that?
11:38
Yes. Well, you're OK, do you?
11:41
You're looking at me like you don't.
11:42
Like do you mean like they the police were always saying,
11:44
Watching what? Happened.
11:46
I don't know who was there. I don't want to know.
11:48
I don't even want to know. If you were there, I'm going to
11:50
assume you weren't there. Listen to me, but if there's any
11:55
witness for the prosecution, you can't personally have contact
11:59
with them, whether it's a police officer or a neighbor or whoever
12:04
else heard this, OK? I'm entering a not guilty plea.
12:08
I'm sending you to the prosecutor.
12:10
We will go from there. OK?
12:13
You're going to go out in the hall and sign in next to
12:16
Brownstown and they'll call you in and speak to you about it.
12:21
And then either way, you're coming back in front of me.
12:23
Thanks. Mark Bromm.
12:25
Mark Bromm, 25-B148535A Which one do you add, Mr. Boulahanis?
12:32
I don't even, Your Honor, I have Clayton Burgie and Evan Horato.
12:41
OK. And I've seen the press care
12:43
already, and we're ready on both of those if the file makes it to
12:46
the court. OK, thanks.
12:48
I'll be right with you. Mr. Brown.
12:52
Your name? Mark Brown.
13:01
All right, so this is simply an early discharge.
13:07
John Brown's telling you here, William, 249, Give me one
13:12
second. So you're trying to be
13:14
discharged in half the time you filed A petition.
13:17
And I'm going to call them. The prosecutor says you've done
13:24
everything, so there shouldn't be a problem.
13:26
Just go. Grant me, give me one second.
13:38
Good morning. Your appearance.
13:43
I placed this defendant on probation was leaving the scene
13:46
of the property damage accident for nine months.
13:48
Mark Bronze's name. He's done everything.
13:51
It looks like they emailed you on the 10th.
13:55
Do you have any objection to early discharge?
13:58
No. All right.
13:59
So by law, you're entitled to that.
14:01
Sir, I'm going to go ahead and grant your request for early
14:03
discharge. You are all set.
14:05
You're off probation. We'll we'll send you the
14:07
paperwork. OK.
14:09
Thank you very much. Best of luck to you.
14:11
Thank you. Evan.
14:14
Samuel Hurtado 2526 W 841254 AB and C one second.
14:20
You can get him in the Mr. Hurtado.
14:40
Good morning, Your honor. Greg Bulahanus, P36431-ON behalf
14:44
of Evan. Evan Hurtado.
14:47
Mr. Hurtado, Your name, Sir. Evan Hurtado, OK, He's got a
14:52
charge of OWI. He's got an MIP, civil
14:55
infraction and possession of tobacco.
14:59
Today is the date scheduled for arraignment.
15:02
Yes. Sure, Honor.
15:03
We waive the. Rating of the complaint Stan
15:06
Mute Enter not guilty plea. We we just need.
15:10
Further discussions with the prosecutor.
15:12
We're just asking for a pretrial date and I think it'll be
15:15
resolved at that pretrial date. Honor.
15:18
All right, I'm going to give you, I'm going to enter an act
15:20
guilty plea for you, Sir. I'm going to give you a $500
15:25
personal bond. You cannot leave the state
15:28
without the consent of the court.
15:30
You cannot violate any law or ordinance.
15:33
You must appear in court as directed.
15:36
No alcohol. You're not to purchase possessor
15:38
consume alcohol, marijuana, or illegal controlled substances,
15:42
or you're not to purchase possessor consume tobacco
15:46
products of any kind. Also, again, you cannot leave
15:49
the state, cannot violate a law, and you must appear in quarters
15:52
directed. I'm going to give you a pretrial
15:54
date. Heather, what do you have for
15:55
me? March 18th at 9:15.
15:59
Good day. Good day, Mr. One second, Your
16:02
Honor. I'm sorry.
16:04
One second. I get it here.
16:07
March. Did you say March 18th?
16:10
Yes, at 9:15. OK.
16:12
One second here. Can we do it a little bit later?
16:18
I have APCC hearing at 9:00 AM in Dearborn Heights.
16:23
Is that in person? It's by Zoom.
16:26
You want to do 10-15? Yeah, 10:15 would be great.
16:29
10:15 We'll make it, Heather, OK.
16:32
OK. You're all set, Sir.
16:34
We'll see you here on that date. Thank you very much, Berg
16:37
Bergie. Thank you.
16:39
Layton, Curtis Bergie, 26 W 841243 AB and C.
16:45
I'll be right. I'm bringing right in Johanna.
16:48
Take your time, Mr. Burgie. I'll.
17:00
Be right out from. Take your time.
17:08
OK, Your Honor, Greg Bulahanis, 36431-ON behalf of Clayton
17:14
Burgie, honor Sir, your name. Clayton Brady.
17:19
All right, so for purposes of arraignment, he has charged with
17:22
super drunk MIP in possession of tobacco.
17:27
I'm sorry. Go ahead.
17:28
That's all right, go ahead. We waive the reading of the
17:30
complaint. My client stands mute.
17:32
We'd ask the court to enter a not guilty plea for purposes of
17:35
the arraignment, Your Honor, and we have resolved this matter.
17:38
All right, So this will now result.
17:40
I'm entering a not guilty plea. This is now going to be a plea
17:44
to operating while visibly impaired, and he's also going to
17:48
plead responsible to minor in possession.
17:52
And it looks like the tobacco charge will be dismissed, the
17:55
Super drunk will be dismissed, and there's agreed upon cost of
17:59
recovery of $150.00. Is all of that true?
18:03
Yes, sure. I know.
18:04
Sir. If you plead guilty to operating
18:06
while impaired, the possible penalties are up to 500 fines.
18:10
I'm sorry, 300 fines, 93 days jail, 360 hours community
18:14
service, court costs are all those four points would be added
18:19
your traffic record. Your license would be suspended
18:22
or revoked in accordance with your record.
18:23
Your vehicle could be or might have to be immobilized depending
18:27
upon your record. You understand that, Yes.
18:31
I didn't hear a word you said. You got to go a lot louder than
18:33
that. Yes.
18:35
You are presumed innocent. They have to prove you guilty
18:38
beyond a reasonable doubt. You have the right to remain
18:41
silent. You do not have to say anything.
18:44
If you plead guilty, you're waving the presumption of
18:46
innocence. You're waving the requirement
18:48
that they prove you're guilty beyond a reasonable doubt.
18:51
You're waving your right to a trial of any kind.
18:53
If that trial. You're waving your right to
18:56
bring in your own witnesses, to use the subpoena powers of the
18:59
court to bring in those witnesses, and the testifier
19:02
remain silent. Again, by pleading guilty,
19:05
you're giving up your right to a trial of any kind.
19:07
You understand that? Yes.
19:09
You still wish to plead guilty? Yes.
19:12
To the charge operating woman, period.
19:13
How do you plead? Guilty.
19:17
To the charge of minor in possession, responsible or not
19:20
responsible. Responsible.
19:23
Were you operating a motor vehicle on January 23 of 26 on
19:26
Freeland near Rican Woodhaven? Yes.
19:29
And prior to that, did you drink alcohol?
19:31
And if So, what did you drink and how much did you drink?
19:35
Yes, I drank. It was vodka.
19:37
Six to seven shots. What else?
19:43
Just vodka. Were were you hand pouring these
19:47
so-called shots or did you drink out of a bottle or what?
19:53
Hand pouring. You were pouring them into a
19:57
shot glass, were you, Sir? No.
20:01
You're just hand pouring them into a cup.
20:04
Yes. And was your ability to operate
20:07
the motor vehicle impaired due to the consumption of the
20:09
alcohol? Yes.
20:11
In what way? Probably unable to stay in the
20:15
lane. OK, so you were swerving going
20:19
in and out of your lane of travel?
20:21
Yes. You think you were doing that at
20:22
least in part because your alcohol consumption?
20:25
Yes. And did he take he took a breath
20:29
intoxilizer test at the sleep station and were the results do
20:32
you so stipulate of 0.259? Yes, two point .241 and .259?
20:39
Yes. Are you on probation or parole?
20:41
No. Anybody forced you to plead
20:44
guilty? No.
20:45
You're 20 now, right? Yes.
20:48
I'll accept your plea. Operating while impaired, I find
20:50
it to be an accurate plea. I'm also accepting your inmate
20:54
voluntarily and understandingly. I'm also accepting your plea to
21:01
MIP and I'm dismissing pursuant to stipulation the possession of
21:13
tobacco charge. That's really high.
21:22
That is really high for a kid that can't drink yet.
21:25
You're not legally entitled to drink.
21:27
We got a problem. You better make this bond
21:29
argument. Good.
21:30
I'm not talking about cash. He's going to be getting a sober
21:33
link by the end of the day. What do you want to say?
21:36
Yes, your honor, I he has been attending a a twice a week.
21:41
I have I've seen his a a attendance sheet.
21:44
He's had got 4 meetings in and he made a very bad decision on
21:51
this day. He has a a very very good job.
21:55
He's works on the wind turbines make makes very very good money.
22:02
Made a horrible decision this day and he has been abstaining
22:07
since the date of this this incident.
22:12
He is seeing a therapist. He lives about an hour and a
22:18
half away from here. He lives in the tip of the
22:21
thumb, correct? Yes.
22:23
And so he's, he's seeing a therapy, He said he's had three
22:28
meetings with a therapist and he's signed a release of release
22:34
of medical records. So they're supposed to be
22:36
providing me in the court with a copy of his progress as I don't
22:42
know who the therapist is. Scares me.
22:44
Mr. Burgie, I hope it scares you.
22:51
Can I tell you something, young man?
22:52
And when I see somebody who isn't legally able to drink with
22:55
this kind of breathalyzer, the odds of them coming back to a
22:58
courthouse and something drug alcohol related are like
23:02
exponentially high. Exponentially high.
23:07
I mean, if you're drinking like that at 20, you're going to be
23:09
drinking until you're you're this is bad.
23:14
Here's what I'm doing, $1000 personal bond.
23:17
You cannot leave the state without the consent of the
23:19
court. You cannot violate any law
23:22
ordinance. You must appear in court as
23:24
directed. No alcohol, no marijuana, no
23:29
illegal drugs. You're to attend AANA at least
23:32
four times a week, and that is to be in person every time you
23:36
go. You have to have your form
23:38
signed every time you come to court.
23:40
You have to bring the form with you every time you come to any
23:43
court proceeding, whether it's here or at your lawyer's office
23:47
on Zoom. You have to have that form with
23:50
you. You are to be on a Soberlink
23:52
device by the end of the day. I'm ordering, and that's machine
23:57
that you're going to blow into. I'm ordering a screening and
23:59
assessment. Heather, call over to probation.
24:02
Please see how they want to handle this.
24:05
They could do the screening and assessment, I suppose by Zoom,
24:08
and then they could instruct him as to where he has to go to get
24:11
the Soberlink device. I'm going to defer the
24:15
sentencing on the MIPI will. Like I said, I'm dismissing the
24:20
possession of tobacco. No alcohol, no marijuana, no
24:24
illegal drugs, no tobacco of any kind, no tobacco products of any
24:29
kind. Again, a Ana four times a week
24:32
Soberlink device by end of the day, you cannot leave the state
24:35
without consent or violate a law.
24:37
You must appear in court as directed.
24:38
We're going to give you an order of screening and assessment and
24:42
I'll give you a sentence date. We could probably do that same
24:45
day. That same day is fine as long as
24:48
it's, you know, a little bit later than 10:15.
24:50
You're on it, are you? I think we will both be set for
24:53
10:15. I guess I don't have to do that
24:56
sentencing the same day. Let me, let me see here.
24:58
I'm going to let her tell me what to do.
25:00
Heather, what do you want? What do you want me to do on
25:02
that sentencing date wise? She's probably.
25:09
Sorry I I have Jessica zooming in to talk to them to judge.
25:12
I was on the phone with her. Does it?
25:16
Do you want it on a Woodhaven day?
25:18
It doesn't have to be. We can do you know what I could,
25:21
I would love to do these with retaining lawyers on Monday
25:24
morning. Well, everybody else is getting
25:26
ready with landlord, tenant and civil so I can do a Monday
25:30
morning is probably the best. And see what we've got coming up
25:39
a couple weeks out you're. Off because.
25:41
They're going to be time to do the.
25:43
Report for the. Screening and assessment, but
25:45
then put the the following week, which would put us the same week
25:49
that he's doing the other hearing anyhow, so I'm not sure.
25:52
You want to do 9th if that's possible.
25:55
Your honor, I'm not here. I can do the this. 16th. 16th.
26:01
I can't do the 16th. I got all kinds of How about the
26:04
23rd one second? I could do the third, the 23rd,
26:12
but it would have to be around 11.
26:15
Are you going to be here? Are you going to be ready at
26:17
11:00? As long as you're going to be
26:18
ready at 11. Otherwise I'll give you another
26:20
date. Yeah.
26:21
Can we do it via Zoom here? You know what?
26:23
I can't really do that, and I don't want to do with that late
26:26
on a Monday. Give me another date, Heather.
26:28
Why don't we do the do? You want to just do the 18th
26:31
that we're doing his other one? Yeah, we can do the 18th.
26:35
That's fine. And we'll do this at 10:30.
26:39
OK, Your Honor, so you guys wait right there, but I want to be
26:42
clear, you're getting a sober length advice.
26:44
I'm not trying to pick on you, Mr. Bergie, but this is really
26:47
scary. If you're not scared about this,
26:50
you should be on deferring. The 7th.
26:53
On the other case, thank you gentlemen.
26:55
We'll see you guys hear that. Thanks.
26:59
May I ask you just one thing please?
27:01
Sure. Regarding the bond, so where
27:05
he's at, he was able to find 2A a meetings on one on Monday,
27:10
1:00 on Tuesday during the week within a like a 10 or 50 mile
27:15
radius. From his place.
27:17
Is there any possibility he can do 2 in person and 2 via zoom
27:22
per week? Is that a possibility or do you
27:26
want him to do all four in person?
27:29
I don't know where he's going to answer.
27:30
The world is over there. I'm sorry.
27:34
He lives in Ovid. Ovid.
27:36
Yeah. You never heard of it?
27:38
I I moved up in the thumb. It's called SIBA wing.
27:43
Well, we need to have a good address for you.
27:45
Are you on living on West High Street?
27:48
No, that's my, that's my mother's address.
27:50
I've recently moved. I'm sorry, I'm not here.
27:53
Here. I know.
27:53
I got the address. I can go ahead.
27:56
It's 352. SEBE.
28:13
AING yes, you're on that and and is that 10th like a one O or
28:19
ATENTH the word 10th OK, OK, I'm writing that on the file for
28:27
you. No, I I can let him do for two.
28:32
He's going to do in person by Zoom to, but you're going to
28:37
have to describe what was talked about.
28:39
I don't want any names on that. What date you were on Zoom, what
28:43
time you were on Zoom, what location it was at and what was
28:49
talked about. Just a little paragraph.
28:51
OK. Yeah, that's usually what I ask
28:53
them to do, Your Honor. All right, so that's good
28:56
enough. We'll see you here on the 18th.
28:57
Be careful, Mr. Bergie. Make sure you get that Soberlink
29:00
device. You're going to explain that to
29:01
him, too. Jessica.
29:02
Thank. You.
29:03
Absolutely. Yes, your Honor.
29:05
I am. Well, hopefully he gets that
29:07
sorted out. The young guy blowing a 259.
29:10
Not good. Let's go back to Judge
29:15
O'Donnell. New contestant there.
29:19
Second, there was a message left for you by probation on October
29:23
15th saying you missed your date and needed to appear October
29:28
16th by 9:00 AM. Failed to report you understand
29:32
that charge. Yes, your Honor. 3rd submitted a
29:37
urine sample November 24th test positive for marijuana.
29:41
Understand that charge. Yes, your Honor.
29:44
Mr. Fatika, as to the final hearing, Your Honor, we'd like
29:49
to waive the final hearing, accept responsibility for Mr.
29:53
Strickland's misconduct, and resolved the violations.
29:55
Today is. That what you want to do.
29:59
Yes, your Honor. What's your plea to those
30:02
allegations? I'm guilty.
30:04
Accept you're guilty plea and find you're guilty.
30:06
What? What in the world seems to be
30:12
the problem? I'm going to be completely
30:16
honest with you. Try it once, because you haven't
30:19
been the entire time you've been on probation.
30:21
Go ahead. I believe I'm on probationable
30:26
and back in 2023 when I was sentenced to probation, I recall
30:33
you saying that you you thought I wouldn't be able to complete
30:36
probation. And I believe that to be true.
30:38
I don't think I will complete probation.
30:43
Why not? I just believe that I'm I'm
30:46
unprobationable. What?
30:48
What makes somebody unprobationable?
30:51
I'd I'd like smoking weed. OK.
30:56
I've tried to quit since I was 12 years old.
31:01
I can't. I've done treatment over and
31:03
over and over and over. You can't.
31:06
I haven't gotten any different results.
31:10
Will you? The problem is, it's not that
31:12
you can't, problem is that you won't.
31:17
That's the problem. Yes, Sir.
31:19
You don't want to, so I might have assume then how old are you
31:23
now? 21.
31:25
I might have assumed that when you're 61 you're going to be
31:28
holed up in some place smoking pot.
31:31
Is that is that the assumption? And I'm not sure where I'll be
31:41
when I'm 61. Yeah.
31:45
Well, when you're 25, are you going to be sitting around in a
31:48
room smoking pot? No, your honor, I'm hoping that
31:54
I'll have a good paying job and I will be supporting my family.
31:58
OK. Well, how can you just told me
32:01
that you can't stop smoking pot? So are you going to find a way
32:09
to stop smoking pot when you just told me you can't stop
32:12
smoking pot? I mean, I believe I can for a
32:20
certain amount of time, but I always end up not lasting very
32:25
long. Did you ever think that maybe
32:29
you better figure out why that is?
32:32
I've tried to figure out why and I've continued to get the same
32:36
results. I'll make it a certain amount of
32:39
time and end up going right back to it.
32:50
Boy, you got a severe lack of understanding of where you're at
32:54
in. Your life.
32:55
Sit down, Mr. Fatika. Good morning, Your honor.
33:02
I think Mr. Strickland, I think is trying to be candid.
33:05
I'd like to highlight the fact that he, he has completed
33:10
Neocamp JTP decision points and and to what, to what end?
33:19
Well, he, he keeps falling back into smoking weed.
33:24
But again, he's he's been candid with the court as well as
33:28
probation officer. He's been employed as he said
33:32
he's 21 years old. He's been on probation since
33:34
November of 23. He's paid $930 toward
33:41
restitution totaling $13,000. We'd actually consider all those
33:46
factors and deciding your sentence.
33:50
How many days does he have? Mr. Mandezo, 400.
33:52
And 29 days total around. All right, I've reviewed the pre
34:02
sentence report again in the drug and alcohol evaluation.
34:07
Listen to Mr. Strickland review the entire record considered all
34:16
the provisions in 29291112 and 13.
34:20
Well you have proven your self fulfilled prophecy has come
34:25
true. You're not probationable, so I'm
34:28
going to terminate your community control.
34:30
I'm going to sent you to 17 months in prison with credit for
34:33
429 days and the cost when you get out, you might be on post
34:37
release control for up to two years under the parole
34:40
authority. If you violate the conditions of
34:46
post release control, the parole authority could return into
34:49
prison for up to 8 1/2 months. If your violation is a new
34:57
felony, you could get an additional consecutive prison
35:00
sentence for the violation, the maximum of which is the greater
35:04
of 12 months of the time left under post release control.
35:10
Anything else, Mr. Fatika? No, Thank you, Your Honor.
35:17
All. Right, all righty friends,
35:20
another batch rather of swift justice from Judge O'Donnell in
35:26
frank talk to be honest, let's let's do this.
35:31
Let's go to Florida. Wade Mercer starting his first
35:34
appearances just. A SEC.
35:35
Let me take care of Mr. Toss's first appearance, Mr. Toss.
35:38
Your parents, your dad's in the courtroom.
35:41
Mr. Toss, you're here because you've been charged with one
35:43
count of domestic battery by strangulation, 1 count of
35:46
tampering with the victim, and one count of criminal mischief
35:48
between $201,000. Those first two are felony
35:51
charges. The last one's a misdemeanor
35:53
charge. Mr. Task, there is probable
35:55
cause. That means there's a minimal
35:56
level of evidence alleged in the complaint.
36:01
Finding a probable cause doesn't mean you're guilty.
36:02
It means there's evidence to support the conclusion you may
36:05
have committed the crime that you've been accused of.
36:07
So, Mr. Task, I'm going to listen to the attorneys.
36:10
I'm going to address your bond or your release status.
36:12
Mr. Mitchell, anything from the state?
36:14
Nothing at this time of your honor.
36:15
Christian McDaniel, Your honor, just a yes, strong local ties.
36:18
He's born and raised here. He works at Sunland, has no
36:21
criminal history that I'm aware of and we just asked the, you
36:25
know, ask the court for some kind of reasonable police
36:27
option. OK, so, Mr. Tice, the criminal
36:30
history I've got shows no prior history also, is that what you,
36:33
you've never been arrested or charged with a crime anywhere,
36:35
is that correct? Yes, Sir.
36:37
Never. OK, Mr. Tice, the the the charge
36:40
accused of the domestic battery by strangulation is a very
36:43
serious charge. There was allegedly, allegedly
36:46
winning someone's home or your former home, I guess is what
36:48
you're accused of. And there was significant
36:51
physical evidence and blood on you and on the other person,
36:54
according to the complaint. So I'm not going to give you a
36:56
condition release for those kind of allegations, but have no
36:59
criminal history is certainly going to help.
37:00
I'm going to set your bond at $2500 in each of these charges,
37:04
Mr. Task, and that's largely because of your lack of criminal
37:08
history and your employment status.
37:09
Your total bond is $7500 cash or surety.
37:13
Cash or surety means you don't have to come up with all the
37:15
money. You can go through a bondsman.
37:17
That's what a surety bond is. So in just a few minutes, you'll
37:20
get to use the phone and if you post the bond, you'll be
37:22
released. If you're not able to post the
37:24
bond, the public defender's office will be in contact with
37:26
you at the jail. I am going to ask the jail to
37:28
give you a notice for your court date and Circuit Court.
37:30
That would be April 7th at 8:30 will be your court date.
37:35
They'll give you that notice. And let me see if the family has
37:38
any questions. Sir, do you have any questions?
37:41
Your dad said he's going to take care of the bond and get you out
37:43
of there. Now you do have a condition of
37:45
no contact. Alleged victim.
37:46
Just stay away from each other. You live you don't live in the
37:49
same residence according to the complaint.
37:50
Is that accurate? Yes, Sir, we do not.
37:53
OK. So just stay away from from that
37:54
person while this case is pending.
37:56
Got 1 to get any worse? Any other questions, Sir?
37:59
Mr. Tyson, Jail, do you have any questions?
38:01
No, Sir. Sorry.
38:03
I wish you the best judge. I want to say I glanced it in
38:06
the junction that might have been filed by, I don't know when
38:07
the hearing is or Mr. Tyson. Mr. Tyson, come back up, just a
38:11
second. I don't know.
38:13
If there's an injunction pending, I need to make sure we
38:16
that you're aware of that too. So give give me a second to look
38:20
and see if I see one. I didn't see it that mentioned
38:25
in the complaint, did you? Mr. Mitchell?
38:26
I. Didn't either.
38:28
I'm going to say I glanced at it yesterday or I didn't get a
38:31
chance. I was doing other stuff working,
38:32
but I did. I thought I saw when I could be
38:36
mistaken. There was something from
38:44
yesterday. Let's see what this is.
38:49
Yeah, something's open 2679 Dr. There is a temporary injunction
38:58
that was signed yesterday and you have a hearing on that March
39:02
the 11th at 10 AM. So in addition to my no contact
39:07
order on the bond, be aware, it appears that Judge Garcia has
39:14
signed a temporary injunction. So they will be serving you with
39:17
that in the very near future and possibly even before you leave
39:20
the jail. But so there's two different
39:22
judges of order. You have no contact.
39:24
Just be aware of that. And in that case, you do have a
39:26
hearing, as I mentioned, that's already been set.
39:28
Mr. Tyson, any questions? No, Sir all.
39:31
Right, Sir, I wish you the best. Anybody else here for first
39:38
appearance case? All right.
39:41
The next case we have is our interpreter case Jerry.
39:44
Well, we lost. Oh, we got Mr. Cordova.
39:46
Jerry Aguilar. We gave a communicate with him.
39:50
Mr. McDaniel, could you talk to him?
39:54
Yes, sure to anticipate the police.
39:57
Mr. Cordova. Good morning, Sir.
39:58
Would you please introduce yourself to Mr. Aguilar?
40:00
Make sure he can hear you. Good morning, your Honor.
40:03
Buenos Dias, senior Aguilar Yosoli.
40:05
Interpret de paresta manana usted ME puedes guchar vien OK,
40:11
he can hear as well. Great.
40:13
Mr. Aguilar, good morning. I'm Wade Mercer, the county
40:16
judge in Jackson County. Buenos Dias Senior Regulados
40:19
Wade Mercer, Yosoy El Huest del Condado de Jackson.
40:25
You've been charged with one count of driving with no valid
40:27
driver. 'S license.
40:35
In addition to that, you have a detainer from the United States
40:38
Immigration Service. Additional mentos de tienen
40:41
unordered detention. The immigration.
40:45
I am going to appoint the Public Center's office to represent you
40:48
in the local driver's license charge.
40:52
Le Buena a signal a la ficina de la bogado de officio para la
40:56
cusacion local. Please listen to your attorney,
41:00
Mr. McDaniel. For forward Escucha Azua Bogado
41:03
El Senor McDaniel. Your honor, I've spoken to Mr.
41:08
Aguilar. He's going to plea of no contest
41:09
the charges listed. Sen So senor, yeah, you have le
41:14
con El senor Aguilar E Elba de Clarisse nomia bongo a la
41:19
cusacion in recent Cavada de Sio understanding.
41:23
He's going to be sentenced to two days in the county jail with
41:25
credit for two days and a $400.00 fine, which we which
41:28
would be a civil judgment. El esta de cordo que vas El
41:33
verdos Dias El carce El pero con credito de dos Dias que a
41:36
compleido Eva pagar una multa de cuatro cientos dolares que SE
41:40
converte en UN cuisio sibil. He's waived his rights to a jury
41:45
trial and called witnesses and understands that any plea can
41:47
result in deportation. El esta de cuerde de renunciar
41:53
SU de recho diamara testigos de tener UN cuisio, El esta OL
41:59
entiende de que La La cuerdo declaratorio pudira pusarcen SU
42:05
Contra en UN audiencia de migration.
42:09
Mr. Aguilar, did you hear that agreement?
42:11
Senor Aguilar ustedes cucho ES ecuerdo.
42:16
Che. Yes.
42:18
Do you have any questions about that agreement?
42:20
En elguna pregunta sorese cuerdo.
42:23
And. None.
42:26
Is that the plea that you would like to enter?
42:29
SSA la cuerdo usted le gusteria azutar.
42:33
Hey. Yes.
42:35
And Mr. Mitchell's at a gravel with the state.
42:37
It is. Is senior Mitchell esta de
42:41
ecuerdo la Fiscalia CSU senior. Mr. Aguilar, I'm going to accept
42:46
your plea of no contest to the charge of no valid driver's
42:49
license. Senior Aguilar was a Tarzu
42:51
declaration the nomio pongo a la cusacion de Mani Haas in license
42:56
valida de conducive. I'm going to withhold
42:59
adjudication of guilt and sentence you to two days in the
43:02
Jackson County Jail. We are suspended El fio de
43:05
culpabilidad. I'll work on the Nara Dodias and
43:07
la Carcel El Condado. Also going to impose the fine of
43:12
$400.00 and that'll be a civil judgment against you.
43:15
I mean bueno le la multa de cuatrocientos dolares ESO SE
43:18
converted UN quiso civilian contract.
43:22
And Mr. Aguilar, this sentence is based specifically on your
43:25
lack of any history as well as the deportation possibility.
43:31
He is Senora Aguilar, este condena Sebasa and SU santes
43:36
Edentes. Nothing antecedentes, finales,
43:38
Italian and possible deportation.
43:42
So the immigration service should be picking you up within
43:44
48 hours, Sir. Entonces El.
43:49
Do you have any questions? None.
44:02
Have a good day, Sir. Thank you, Mr. Cordova.
44:09
Thank you. Have a good day.
44:11
You too, Sir. We have Rayna Brown next.
44:20
Miss Brown. Good morning, ma'am.
44:21
Miss Brown, you're here because you've been accused of 1 count
44:24
of retail theft of $750 or more within 120 days.
44:28
Miss Brown, there is probable cause in the complaint.
44:31
The criminal history I've been provided shows no prior history.
44:34
Miss Brown. Is that accurate?
44:35
Yes, Sir. Perfect.
44:37
That's great, Miss Brown. Let me see if the attorneys have
44:39
any additional information. They want to make sure I'm aware
44:41
of Mr. Mitchell. Anything.
44:43
We just request the standard no contact with Walmart.
44:46
Mr. McDonald, this release, Your Honor, Miss Brown, given your
44:49
lack of any history, I'm going to let you pick between a bond
44:51
and a conditional release. Some people prefer a bond
44:54
because it has fewer rules to follow, but it is usually more
44:56
expensive. If you would like to post the
44:58
bond based upon your lack of any history, your bond will be $2500
45:01
cash or surety, but I am going to offer you a conditional
45:05
release for the reason I've already said.
45:08
Miss Brown, you would have the standard conditions of every
45:11
conditional release, which I'm sure Mr. McDaniel has gone over
45:13
with you. In addition to that, whether you
45:15
choose the barn or the release, you will have a condition not to
45:18
go to any Walmart while this case is pending.
45:20
You just need to let everything calm down before you go back to
45:22
any Walmart. Miss Brown, do you have any
45:24
questions about that choice, ma'am?
45:25
No. Strong take the conditional
45:28
please. All right, Miss Brown will grant
45:30
you the condition release. So what's going to happen, Miss
45:31
Brown, is this next, the judge will let you get dressed in your
45:34
regular clothes and they're going to let you use the phone
45:36
in case you want to call somebody for transportation.
45:38
Then they're going to bring you to the courthouse where the
45:40
conditional lease office is at. When you get here and meet with
45:43
Mr. Goodson, who is the conditional lease officer today,
45:46
Mr. Goodson will go over the release with you.
45:48
He'll give you a chance to ask any questions and then you'll be
45:51
free to go. They'll give you the rules in
45:53
writing, too. Also, Miss Brown, the lastly
45:56
the, the jail's going to give you a notice for your court
46:01
date. We should be April the 7th at
46:03
8:30 in felony court. That's in the circuit courtroom.
46:07
And Miss Brown, usually it's about 30 minutes or so to get
46:10
get you dressed and go through all that and get you to the
46:12
courthouse. So if you do call friends or
46:13
family, you can tell them that you can be picked up in roughly
46:16
half hour, ma'am, at the courthouse in Marianna.
46:20
Do you have any questions? Yeah, I'm sorry, you said.
46:25
I think that I want to do it on a Bells bar instead.
46:28
Is that the same? No, condition release and bail
46:31
bonds are not the same thing. Your bail bond is $2500 and you
46:36
you don't report to a condition release officer on a bail bond.
46:39
You've got to pay a bail bonds before you get out of jail and
46:41
work out an agreement with them. If you want the bond, that's OK
46:43
too. You prefer the bond.
46:45
Yes, Sir, please. OK, so your bond is $2500.
46:49
You still get to use the phone but you're not released until
46:52
you post the bond and you still have the condition to go to No
46:55
Walmart and still got the same court date.
46:56
Any questions? No.
46:58
Sir, that's. Fine, ma'am.
47:00
Wish you the best, ma'am. I mean, you know, I don't know
47:02
if you want to do a cash bond. I asked her and I thought she
47:04
said she didn't have the money. So do you would you prefer a
47:07
cash bond of $250 ma'am and just post it at the jail?
47:11
That way the money goes 40 fines and costs and if you're
47:14
convicted. Would I be able to?
47:17
Get out and go get it. No, ma'am.
47:20
OK, I'll just stay. I'll just stay with the mails.
47:22
Bonding. OK.
47:24
All right. Wish you the best ma'am.
47:25
Thank you. Yes, ma'am.
47:27
We have Jeffrey Robertson next. Mr. Robertson, Good morning.
47:36
Mr. Robertson. You're here because you've been
47:38
accused of violent in terms of your state supervision and Judge
47:41
Garcia, our Circuit Judge has issued a no bond warrant.
47:44
Mr. Robertson, what I'm going to do this morning is I want to get
47:46
you arraigned because I want to get you a lawyer appointed, if
47:49
that's what you're asking for. Mr. Robertson, would you like to
47:51
have an attorney appointed to represent you?
47:53
Yes. I'm going to appoint the public
47:56
center's office to represent you.
47:57
Listen to Mr. McDaniel, please. No, I'm going to plead not
47:59
guilty. I said this on April 23rd, court
48:01
doc and I advised him an attorney to come by and speak to
48:03
him prior to that court hearing. April 23rd.
48:05
Mr. Mention anything? Nothing.
48:07
Restate, your honor. Mr. Robertson, April 23rd will
48:10
be your court date. And you'll see, you'll see
48:41
history and I see two prior battery arrests.
48:44
One of them. With communication withheld and
48:46
one of them appears to be a been dismissed.
48:49
That's all the information I have, ma'am.
48:52
So let me see what additional information the attorneys have.
48:54
Then I'm going to address your bond status.
48:55
Mr. McDaniel or Mr. McDaniel? Anything?
48:57
Yeah. That that's the only thing I'm
48:58
aware of is that one battery case, Your Honor, that was
49:01
propelled. We just, you know, based on the
49:02
complaint, we'd ask for conditional release, Your Honor.
49:04
And I've talked to her and she's got us somewhere else to live
49:06
and there in the Walton County. And she'll she'll stay away from
49:11
her. Mr. Mitchell.
49:13
No addiction to that. So, Miss Brant, Miss Johnson, do
49:15
you and the alleged victim live together right now?
49:20
Yes Sir, we share a child in common.
49:22
OK, So in in order for me to grant you a conditional release,
49:25
there's going to be a condition no contact whether you choose
49:28
the bond or the release. But do you have somewhere else
49:30
you could go on a temporary basis, ma'am?
49:32
Yes, Sir, I do. Where?
49:35
I can stay at a a friend's house in Fort Walton Beach.
49:38
His name is Michael. OK.
49:41
What I'm going to do then is let you pick between a bond and a
49:43
conditional release if you want to post the bond.
49:45
And some people prefer a bond. Your bond is $2500 cash or
49:49
surety. You want to have the condition
49:51
released then I'm certainly going to offer you that.
49:53
But you have a condition, no contact with alleged victim.
49:56
And I want to be very clear, I'm not keeping you away from your
49:59
child you have in common. I'm only keeping you away from
50:01
the that person. It's the father of the child,
50:04
the alleged victim. So you, the person accused you
50:08
of this is the father of the child, correct?
50:12
As far as I understand, yes. Sir, Yes, Sir.
50:16
That wasn't a trick question. I was just trying to.
50:18
OK. All right, So, Miss Johnson,
50:20
just stay away from the person that's accused you of this.
50:22
I just don't want to assume that was a father.
50:24
I don't know. Stay away from the person that's
50:25
accused you of this. That's what I'm trying to get
50:26
to. And you want to accept the
50:28
conditional release, is that right?
50:30
Yes, Sir, I'm. Going to grant you the release,
50:32
ma'am, did you hear the instructions I was explaining
50:34
earlier to Miss Brown about using the phone and and bringing
50:37
you to the courthouse and all that stuff?
50:40
Yes, Sir. OK, same thing applies to you.
50:43
Contact friends or family for transportation if you wish,
50:45
other than the alleged victim, and you'll be at the courthouse
50:48
in probably 30 to 45 minutes to get that conditional lease
50:51
authorized and filled out by the officer.
50:53
We're also going to give you a notice for your court date,
50:55
ma'am. Miss Johnson, thank you.
50:57
Your notice will be March 30th at 9:00 AM and they will give
51:02
you that notice when you come to the conditional lease office.
51:04
So, Corporal, Mr. Goodson's got the notice in his hand.
51:07
He'll take care of giving her her notice.
51:09
Miss Johnson, do you have any questions?
51:13
Any questions? I do have one question for the
51:17
conditional release, am I going to report to the courthouse
51:22
weekly? By phone?
51:24
Yes ma'am, but it's by phone, not in person.
51:26
By phone. Yes, Sir.
51:27
OK, understood. Have a good day, ma'am.
51:31
Thank you. Yes, ma'am.
51:32
Richard Anderson. Mr. Atterson.
51:38
Good morning, Sir. Mr. Atterson, you're here
51:40
because you've been charged with one count of uttering or forced
51:43
instrument and one count of exploitation of an elderly
51:45
person or disabled adult. Miss Patterson, there is
51:48
probable cause for the charge. I've also looked at your
51:50
criminal history, so I'm aware of it.
51:52
Got quite a few prior charges, but I'm going to appoint the
51:55
Public Defender's office for first appearance purposes today.
51:58
Please listen to Mr. McDaniel and we'll see if they have any
52:00
additional information. Mr. McDaniel.
52:04
Mr. Mitchell, does he prefer a cash bond since there's
52:08
allegedly restitution owed? Uh, Mr. Anderson, I didn't talk
52:11
to you about S, but if there's a cash bond option that way, would
52:15
that be an option? Usually he'd set it at 10% same
52:18
amount at Costco through bail bondsman.
52:20
Yes. All right.
52:20
Yes, Your Honor. So, Mr. Anderson, given that,
52:22
Mister Mitchell, any objection of that?
52:23
No objection. Anytime there's restitution
52:25
allegedly owed, I, I try to set a cash bond because that money
52:29
could go towards restitution. Now, if the case against you or
52:32
this is dismissed, the money's returned to whoever posted it.
52:35
Mr. Anderson, if there's restitution ordered, that's what
52:37
it's there for. So your cash bond is $500 in
52:40
each account. Instead of a $5000 surety
52:43
bondsman, it's a $500.00 cash bond.
52:46
It's the same amount you'd pay usually it's just going to to
52:50
the clerk and the clerk holds that money.
52:52
So you've got a total bond of $1000.
52:54
Mr. Anderson, you have a condition, no contact with that
52:58
alleged victim, Sir. And you will get to use the
53:00
phone in just a few minutes to try to post the bond.
53:02
Mr. Anderson, do you have any questions?
53:04
No, Sir. Have a good day, Sir.
53:07
I'm sorry, Mr. Anderson, I need to give you a court date.
53:09
That would be when? April the 7th at 8:30 will be
53:12
your court date, Sir. Thank you, Sir.
53:15
Yes, Sir. You have a good day.
53:15
Yes, after Mr. Anderson, we have Brandon Broner.
53:25
Mr. Broner, Good morning. Mr. Broner, you're here because
53:27
you've been accused of four charges.
53:29
Let's see, there's two felonies and two misdemeanors.
53:32
The felonies are possession of methamphetamine and possession
53:34
of ammunition by convicted felon.
53:36
The misdemeanors are driving my license suspended knowingly and
53:40
possession of drug paraphernalia.
53:43
There is probable cause for all those charges, and your criminal
53:47
history is very lengthy. Mr. Bronner.
53:50
I'm going to appoint the public office to represent you for
53:53
first appearance purposes. Listen to the attorneys.
53:56
Then I'll set your bond. Mr. McDaniel?
53:58
Nothing young. Mr. Mitchell.
53:59
We just request to be subject to random UA's.
54:02
Mr. Bronner, on the two misdemeanors, your bonds will be
54:04
$3500 each. On the possession of
54:07
methamphetamine, it'll be 5, excuse me, $7500.
54:11
And the possession of ammunition by convicted felons, a higher
54:14
degree crime. So it'll be 15,000.
54:16
Mr. Bronner, when I add those together, I get a total of 29,
54:21
five, $29,500 cash or surety. Surety means you could go
54:26
through a bondsman if you wish. And you do have a condition
54:29
random your analysis because one of these is a drug related
54:32
offense, at least one. So Mr. Bronner, you're going to
54:35
get, use the phone Sir, in just a moment.
54:38
And if you post a bond, you'll be released.
54:40
If you're not able to post the bond, Mr. Bronner, then the
54:42
public's office will be in contact with you at the jail.
54:46
And Mr. Bronner, the jail's also going to give you a notice for
54:49
your court date, which will be April the 7th at 8:30 AM.
54:54
Mr. Bronner, any questions? No, Sir.
54:57
Wish you the best, Sir. All right, So Corporal, unless I
55:06
miss someone, that's it for first appearances.
55:09
All right, that's it for first appearances.
55:13
He does have a bunch trial this morning, so we'll probably get
55:17
to that here shortly because we knew coming into the day that
55:20
was a possibility. But let's go back up to Judge
55:25
O'Donnell, new contestant. 19 CR 15 Jenai Bynum we're here for
55:32
review hearing is Bynum what's going on recently with your
55:38
treatment I'm. With your recovery in Beachwood.
55:42
And what are you doing there? IOP.
55:46
How long you've been there? I just started.
55:50
How long a program? Is it?
55:52
Three months. You're on probation.
56:32
Order to do. Yes.
56:37
OK, what else are you doing? I've just been sewing and
56:43
spending time with my kids, just trying to stay out of trouble.
56:47
I just recently got my ID so I can get my medication and find
56:54
employment. So other than that, I've just
56:56
been trying to stay out the way, Stay out of trouble.
57:01
All right, you you've your history in this case is you
57:05
disappear for periods of. Time and then.
57:08
You show back up and, and so you've been on probation a long
57:13
time, but you keep interrupting it with no show periods.
57:17
OK. I'm going to extend your
57:20
probation of December 17th of this year, which is consistent
57:25
with your Cuyahoga probation. And I'm going to transfer the
57:31
supervision of your probation to Cuyahoga County.
57:35
So you'll just report to them. You won't report to Mr. Tompkins
57:38
anymore, but Mr. Tompkins will stay in touch with Cuyahoga's,
57:44
your Cuyahoga probation officer to find out if you're complying
57:47
with the terms. All right.
57:50
OK. Thank you so much, Ron.
57:51
Any questions? No, Your Honor.
57:53
OK. Anything from you, Mr. Fatika?
57:56
No, thank you, Ron. All right.
57:58
Good luck, Miss Bynum. Thank you so much.
58:04
A tame hearing out of Judge O'donnell's court.
58:06
So for those of you who said that you had like freezing, I've
58:11
got nothing showing on this end, so what's going out is good.
58:14
I'm guessing in this case it is your local Internet connection,
58:17
not us. Although we will be making an
58:21
upgrade here over the weekend to hopefully combat some of the
58:26
tech issues that we have seen cropping up in the last week or
58:29
two. Won't change anything that you
58:31
see, but it will change things on this and hopefully for the
58:34
better. Any who back to Wade Mercer, he
58:38
is looks like he's going to start a bench trial.
58:41
This is state versus Williams. Let's see what's going on.
58:45
Jackson County case 25-489 MMM, which is State of Florida versus
58:51
Harvey Williams and Mr. Williams is present along with his
58:54
attorney, Mr. John McDaniel. Prosecuting for the state is Mr.
58:58
Jake Mitchell. And Mr. Mitchell, Are you ready
59:01
to proceed? Yes, your Honor.
59:03
Mr. McDaniel Yes, Your Honor, All right.
59:05
So. We're here for a bench trial.
59:08
There's been a stipulation that the standard stipulation that if
59:13
the defendant is found guilty, he can only be sentenced to
59:17
probation in a withhold. The reason I didn't sign the
59:19
proposed order is that didn't mention the possibility of it
59:23
implied that there'll be no jail time possible.
59:25
There's no jail time possible unless he gets probation and
59:29
violates. So that's not in that motion.
59:32
You're shaking your head no. Yeah, because the statue says no
59:35
jail time at all. You know, that's not that's not
59:37
the law. I don't.
59:38
And that's, if he gets probation and he violates that probation,
59:41
which are two big ifs, he could be sentenced to jail time.
59:44
It's my understanding this is the very first time I've heard
59:46
you say this. That's the reason why I said
59:48
that I have no control over if y'all agree with this right
59:51
here. And if y'all want to do that,
59:52
then that's, that's, I mean, I, I mean, you, you're going to do
59:55
what you do, but it'd be an appealable issue.
59:57
And I mean, I, I mean, that's just something that I think the
59:59
statute means no jail time. There's no possibility of jail.
1:00:03
But I, I mean, I could be wrong. You could be right, Mr.
1:00:05
Mitchell. First time I'm hearing about.
1:00:08
That issue same. Here, same here.
1:00:09
We're going to go ahead and go forward.
1:00:11
That that's been brought up before now, as many times we've
1:00:13
talked about that. That's never been mentioned.
1:00:14
In fact, I said the same statement on the record earlier.
1:00:17
I made the same statement on the record earlier about the
1:00:19
possibility of jail time. Mr. Williams wasn't here that
1:00:21
day. And that if there's jail time
1:00:23
possibility, we're asking for a jury trial.
1:00:25
I've made that clear in the e-mail to Y'all.
1:00:26
I said you didn't sign that order.
1:00:27
There's going to be no jail time.
1:00:28
You still haven't signed it, Not going to sign it because that's
1:00:30
not the law. Then we're demanding a jury
1:00:32
trial, Your Honor. So we're going ahead with a
1:00:34
bench trial. We're not having a jury trial.
1:00:36
The state has the right to compel this.
1:00:38
My understanding is, and we'll cross that bridge if we come to
1:00:40
it. So you also filed a very, very,
1:00:42
very late motion this morning at 7:54 the day of the trial.
1:00:47
You want to put anything on the record regarding that motion,
1:00:50
Judge? Just that this has been
1:00:51
superseded. It's been delegated from the
1:00:54
state to the counties and cities to regulate this issue, these
1:00:57
issues. And you know, and I, I can
1:01:00
already tell that, you know what if sorry, we're just saying that
1:01:03
your Honor, the motion, you know, we got it filed and just
1:01:06
ask for take that into consideration that all these
1:01:08
issues have been delegated stick to the city and county state
1:01:12
attorney's office does not have, it's not a state crime.
1:01:15
They don't have authority to come in and prosecute city
1:01:18
offenses. I don't even know if the city is
1:01:20
delegated as a as a crime or not, But he's not charged under
1:01:23
a a city charge of a of a criminal offense.
1:01:27
There's not the city attorneys here prosecuting the case.
1:01:30
They're getting charged kind of bootstrapping it under a a state
1:01:33
crime where this legislators already delegated that stuff to
1:01:36
the the cities in the in the counties to regulate.
1:01:42
Can we can I I think there may be a typo in the statute number
1:01:45
we've seen them make for appellate purposes.
1:01:46
Make sure the records clear your statute, your your second motion
1:01:54
to dismiss file today. Well.
1:02:07
I checked it this morning and I'm like, you know, and I was
1:02:09
like, God, now I try to type stuff up real quick, like, and I
1:02:12
apologize. It's just, I think I think we
1:02:14
all know which statute you're referring to. 837 because I did
1:02:16
go and read that. Obviously I don't have time to
1:02:18
look at the case law since it was filed so late. 837.27 Thank
1:02:22
you. Mr. Mitchell, anything you want
1:02:23
to put on the record regarding that very recent Motion 8?
1:02:26
37.27 when I look at floor stat. When I look at floor statues
1:02:32
that just comes up as. Perjury.
1:02:34
Excuse me? It should be 828.278 instead of
1:02:37
827. It should be 828.
1:02:39
OK, let me. Go and look.
1:02:41
And probably what we're going to do since we have so many
1:02:45
witnesses waiting and since it was filed so late is I'm just
1:02:47
going to take it under advisement.
1:02:49
And since you haven't had a chance to read it closely
1:02:51
either, we'll just take it under advisement and see what happens
1:02:55
with while with the rest of the trial and then I'll roll on that
1:02:58
subsequently. So even if he is, if I felt like
1:03:01
his state's proving their case today, I probably won't sentence
1:03:03
in a day, Mr. McDaniel to give me time to go back and read your
1:03:06
motion. Get a state time to respond.
1:03:08
All right, So Mr. other than that, Mister Mitchell, anything
1:03:13
else from the state before we start the the trial?
1:03:16
I do have witnesses here in the courtroom.
1:03:19
I don't know if you want to go in and act the rule of
1:03:22
sequestration, I believe. Is either side requesting that?
1:03:27
Can you give me the name of the witnesses that are here?
1:03:29
Yes, we got Sergeant David Herndon, we got Lieutenant David
1:03:34
Riley, we got Gary Dickens and Emerald Dunston.
1:03:39
The individuals he just is that all of your witnesses or do you
1:03:41
have more witnesses that aren't here?
1:03:43
I had witnesses that were here, but I released them from their
1:03:46
subpoenas. Are they the only witnesses you
1:03:47
anticipate? Those are the only witnesses I
1:03:49
anticipate on call. So ma'am and gentlemen, ladies
1:03:52
and gentlemen, a rule of sequestration of witnesses has
1:03:54
been invoked. And what that rule says is that
1:03:56
from this point until the completion of the case, you
1:03:59
cannot talk to other witnesses about the content of your
1:04:01
testimony. You certainly talk to other
1:04:03
witnesses, You just cannot talk to them about the content of
1:04:06
your testimony. So that what what we have to do
1:04:08
is have to have you outside the courtroom until it's your turn
1:04:10
to testify. We'll bring you in, let you
1:04:12
testify as soon as Mr. Mitchell gets ready to call you.
1:04:15
We just don't talk to any other witnesses that you can't someone
1:04:18
can't testify before you can come out and you say, what do
1:04:20
they ask you that's inappropriate under this rule?
1:04:23
So just I'm going to ask you, what are you going to say to
1:04:25
that, Mister Mitchell? They can sit in our office.
1:04:28
We instructed them on that yesterday.
1:04:30
So I'm going to help them. Investigator Jackson's going to
1:04:32
help show where you can wait at and we'll call you as soon as
1:04:34
Mr. Mitchell gets ready for each of you to testify.
1:04:38
Any other witnesses before we begin?
1:04:40
Any other issues before we get Mr. Mitchell?
1:04:42
I don't think so. Not the stuff.
1:04:44
Mr. Mcdane, anything else? No, Your Honor, I apologize to
1:04:47
the court. I, you know, I fighting for my
1:04:49
client. You know, I mean, I you know, I
1:04:51
know the court is upset that I found something.
1:04:53
I'm not upset that you found something.
1:04:55
I'm upset. I don't like that you found it
1:04:56
so late, but you know you've got to do your job, so I just do my
1:05:01
job. I apologize.
1:05:03
I'm not trying to. I'll try.
1:05:04
It's OK. I'm just trying to because I.
1:05:06
I. Feel like I know what the law
1:05:07
is, but I just could never put my finger on it.
1:05:11
And I this, it's an interesting argument, but I in, in fairness
1:05:14
to both sides, I need to read it closely and carefully, which I
1:05:16
don't have time to do when I've got first appearance
1:05:19
responsibilities and a trial an hour after it's filed.
1:05:23
So, Mr. Mitchell, why don't we do a short opening statement to
1:05:25
give both sides a kind of a chance to, I know we don't do
1:05:27
that a lot in bench trials. I just kinda like to know, at
1:05:30
least have the option to an opening statement to tell me
1:05:32
where you see this case going, where the primary issues are.
1:05:34
Is there anything you'd like to let me know ahead of time, Mr.
1:05:36
Mitchell? I mean, I was planning.
1:05:39
I'm just waving the opening statement, but I'll leave it at
1:05:42
that. OK.
1:05:43
And Mr. McDaniel, you all have this, this, the defense theory
1:05:47
in this case is straightforward. This is a private dispute
1:05:49
between neighbors, not a public nuisance.
1:05:52
For law requires community level impact, citizens in general and
1:05:56
interference with public rights. The evidence shows none of that,
1:06:00
that I've seen it. Also, it's important to note
1:06:03
that what the case law shows more accurately, there is no
1:06:06
case law on this. I mean, is I couldn't find
1:06:08
anything. I asked other people to help me
1:06:10
research and find, you know, other trial levels where this
1:06:13
has happened. No one's ever been to find a
1:06:15
case where it's happened at a trial level where it went
1:06:18
through a trial. You know, except for now.
1:06:22
There's plenty of them on municipalities.
1:06:24
There's plenty of them on, you know, county you level that was
1:06:29
tried in the county court, but I couldn't find any in the state
1:06:31
level as it relates to animals and dogs in this nature.
1:06:37
Historically, the statute has been used for drug houses,
1:06:39
brothels, legal gambling operations.
1:06:42
It's never been used for isolated neighbor disagreements
1:06:46
and certainly not one as entailed in the the information
1:06:51
that's been charged here. And then with the the, the facts
1:06:54
that we have in this case, I think that underscores the
1:06:59
state's arguments, but we'll go forward with it.
1:07:02
And finally, you know, I think it's important to note is that
1:07:04
the, the city, this is a due process case also, because the
1:07:08
city has no civil enforcement. They don't have a special
1:07:11
master. They don't have it, you know,
1:07:14
any kind of mutual form that they can resolve issues with.
1:07:19
All they have is a, a ticket system which says that you can
1:07:22
basically ask for a hearing where there is no hearings,
1:07:26
there's nothing even available. There's not hearing even
1:07:28
available. They got an enforcement system.
1:07:30
They cannot manage themselves. They cannot even work themselves
1:07:32
because of that. That's why I hear they're trying
1:07:34
to say what we're going to use the criminals, we're going to
1:07:37
make the state attorney's office use the criminal section because
1:07:39
we can't do our own civil stuff. And I think that's a due process
1:07:43
issue that's been going on with that.
1:07:45
It sounds like that that your primary arguments related to
1:07:48
your most recent motion to dismiss, which we we can't hear
1:07:51
so. I, I I.
1:07:52
Want to give you a full time to explore that and, and make your
1:07:55
argument. So again, yeah and relates to in
1:07:58
regard in regards to that particular argument.
1:08:00
I'm not going to rule on it till I can read everything and give
1:08:03
Mr. Mitchell a chance to read everything.
1:08:05
It was a late argument to me. I, I still obviously would have
1:08:07
liked to have done more research on it myself.
1:08:09
That's why I'm, this is what I was originally going to argue
1:08:11
right here. And there's also the issue is
1:08:13
this. That's not even that's separate
1:08:15
from that. That's also the issue is that,
1:08:17
you know, that the motion I filed this morning, the
1:08:20
legislator has given the local authorities this jurisdiction to
1:08:23
handle, not the state. And that when I tried to read
1:08:26
the, the, the statute this morning, it does use the word
1:08:29
may. So when we have our, our further
1:08:31
hearing, I'm going to need some, some, some clarification on why
1:08:35
you believe they've given exclusive jurisdiction when it
1:08:38
says they, the, the cities may enact something.
1:08:42
Because if you say shall, that means they got to go out and
1:08:44
enact something. But when they, when this
1:08:46
legislator says they may do that, then that gives them the
1:08:48
authority to do it. But if they don't do it, then
1:08:50
it's, there is no authority. There hasn't done anything.
1:08:52
And I've been, I've been going to see a case that says what you
1:08:54
just said, Any case that says what you just said, 'cause I
1:08:56
don't legislative, I just let legislative intent and
1:08:59
legislative that goes off legislative intent of it.
1:09:02
You know, there's no case. In other words, I, I, I don't
1:09:04
know. I haven't.
1:09:04
I mean, I you'd have to, I'd have to do.
1:09:06
Some more research we'll. Give you the chance to do that.
1:09:08
Yes, Your Honor. All right.
1:09:09
You ready to call your first witness, Mr. Mitchell?
1:09:11
Yes, Your Honor, State will call Sergeant David Herndon to the
1:09:13
stand. You got your oath card.
1:09:24
You know this one. It's all embarrassed.
1:09:34
Sergeant Hernie, come on up, Sir.
1:09:35
I'm going to ask you to stand right here next to Sergeant
1:09:37
Applewhite, and Miss Williams is going to place you underoath,
1:09:39
Sir. Thank.
1:10:00
And Mr. Mitchell. Whenever you're ready, Sir.
1:10:03
All. Right.
1:10:04
Thank you. Morning.
1:10:06
Can you please state your name for the record?
1:10:08
Yes, Sir, David Herndon. And do you work at?
1:10:11
Where do you work at? The Marianna Police Department.
1:10:14
What is your rank and title? I'm a patrol Sergeant.
1:10:17
And how long have you been with Marianna Police Department?
1:10:20
Since June of 2011. Do you have any other prior law
1:10:23
enforcement experience prior to your service with MPD?
1:10:26
No, Sir, I do not. OK.
1:10:28
And were you employed with MPD on August 29th, 2025?
1:10:33
Yes, Sir, I was. And you were on duty that day?
1:10:37
Yes. And while you were on duty, were
1:10:40
you equipped with a department issued body worn camera?
1:10:43
Yes, Sir. And was an improper working
1:10:45
order. Yes.
1:10:47
So what happens on 8/29/25? South About 7:20 in the morning
1:10:56
we were dispatched to the area of Herring Ave. and Martin
1:10:59
Luther King Rd. In reference to several dogs
1:11:03
running loose, dispatch advised that they were called in as
1:11:08
German Shepherd breed Dogs running loose in the area When?
1:11:14
And that address or Herring Ave. and Martin Luther King?
1:11:17
Is that in Marianna, FL? Yes, Sir, it is Jackson County,
1:11:21
Florida. Yes, we're located on
1:11:22
Pennsylvania Ave. And when you arrived at that
1:11:26
address, who did you initially make contact with?
1:11:29
So when I arrived, I actually arrived on Martin Luther King
1:11:33
Blvd. Captain Scarborough had already
1:11:37
made contact with the original complainant who which was over
1:11:41
on Herring Ave. Do you remember who the original
1:11:45
complainant was? Miss Emerald Dunson.
1:11:47
And does Miss Dunson have any animals of her own?
1:11:53
She does. She has a dog fenced in her
1:11:55
backyard. So it was fenced in?
1:11:57
Yes, Sir. Was it roaming around outside of
1:12:00
that fence? That's relevance, objections,
1:12:05
relevance. Mr. Mitchell, I'm starting to
1:12:07
say sidebar, but we don't have a jury here.
1:12:10
Just asking to basically show that the dog was not out of the
1:12:13
fence roaming around causing the other dogs to run about.
1:12:17
I I think that that it could be relevant because if that dog was
1:12:20
out of the pen and in heat and that could be relevant.
1:12:22
So I'm not overruling the objection, but go ahead, please.
1:12:24
Mr. He's not a veterinarian. Describe whether he's in heat or
1:12:27
not. I mean, I don't don't know what.
1:12:32
That would be relevant. Then when you arrived.
1:12:41
In her backyard. And that backyard is fenced in.
1:12:44
Yes, Sir. And when you spoke with Miss
1:12:48
Doug, Yes, Mr. I know that I was.
1:12:53
You asked the same question a couple times.
1:12:54
Go ahead, Mr. please. When you were speaking with Miss
1:12:57
Dunston, did she provide you with anything?
1:13:02
I was overhearing her conversation with Captain
1:13:04
Scarborough. At the time.
1:13:07
And did she show you any videos at any point?
1:13:13
No, Sir, I believe Mr. Gary Dickens did.
1:13:15
He was also present. OK.
1:13:17
And when you spoke with Mr. Dickens, what videos did he show
1:13:22
you? He showed me a video of several
1:13:24
dogs running loose in the area. And while you were speaking with
1:13:31
Miss Dunson and Mr. Dickens, what happened?
1:13:35
While I was actually speaking with Mr. Dickens and Captain
1:13:37
Scarborough was speaking with Miss Dunson, they point out.
1:13:40
There they are. And we turn and look back
1:13:43
towards Martin Luther King and several additional dogs were
1:13:46
running in our area, running towards our area.
1:13:50
How many dogs did you observe? I recall to that time.
1:13:56
It 2 at that time, 2 at that time and were they in Miss
1:14:01
Dunston's backyard? They were positioned actually in
1:14:05
Miss Erwin Daniels backyard, running towards Miss Dunson's
1:14:10
backyard. What were they doing?
1:14:13
Barking being somewhat aggressive.
1:14:16
What do you do in response? I grabbed my apartment issue
1:14:19
Taser and issued a spark test and walking towards them in an
1:14:23
attempt to get them to retreat and go back into the wood line.
1:14:29
And was it effective? Yes, Sir.
1:14:31
And you said they ran back into the wood line.
1:14:33
What's on the other side of that wood line?
1:14:37
The residence located Martin Luther King Blvd.
1:14:40
I believe Mr. Harvey Williams Residence.
1:14:51
And position it in the driveway and began honking my horn and
1:14:54
activated my sirens until getting him to come out in an
1:15:08
attempt to get him to come out to me.
1:15:10
OK. And did he eventually come out?
1:15:14
He eventually did. Yes, Sir.
1:15:16
And you And you said that the homeowner is Harvey Williams.
1:15:22
Yes, Sir, that's correct. Is Harvey Williams in this
1:15:24
courtroom today? Yes, Sir, he is.
1:15:26
Can you please point them out and identify them by an article
1:15:28
of clothing? Mr. Hardy's right here wearing
1:15:31
cream colored lawn. And you a gesture to your left.
1:15:35
Yes, Sir. OK.
1:15:36
And Your Honor, the witness has identified the defendant in the
1:15:40
courtroom. And did you have a chance to
1:15:43
speak with Mr. Williams? I did.
1:15:46
And. What did you say to him?
1:15:55
Initial contact with him was actually Captain Scarborough.
1:15:58
He informed him that we while we were there and that we may
1:16:03
actually be seeking to take the dogs into possession.
1:16:32
Have approached the witness. Sure.
1:16:41
What is it now? It's relevant Leaving I.
1:16:52
Think you just described. No, it's just cumulative
1:16:56
evidence. He's just described what
1:16:57
happened. The idea of just having to play
1:16:58
a video that he just described, I don't think it's just
1:17:01
cumulative, OK? I think the state's got the
1:17:03
right to introduce the best evidence if they want to do
1:17:05
that. Is that what you want to do?
1:17:06
OK, go ahead, please. So, Sergeant Heard and I'm
1:17:10
showing you what has been marked as State's Exhibit A or what
1:17:13
will be marked as State's Exhibit A.
1:17:14
Do you recognize what I'm showing you?
1:17:16
Yes, Sir. And how do you recognize this?
1:17:21
As a copy of Body One footage with my name sign at the bottom
1:17:27
of it. OK, so those are your initials
1:17:29
on the bottom? Yes, Sir, says Sergeant David
1:17:31
Hearn. With my badge number also.
1:17:32
And have you had a chance to review the contents of your body
1:17:35
wear camera? Yes Sir, I have.
1:17:37
And does this fairly and accurately depict what happened
1:17:41
on August 29th, 2025 and your interaction with all parties
1:17:45
involved? Yes, Sir.
1:17:47
Here at this time, the state will move to introduce state's
1:17:49
exhibit. A and two.
1:17:51
Mr. McDaniel Foundation purposes, Your Honor, I think
1:17:54
he's modified that. So I don't know has it been
1:17:58
viewed since it's been modified? What do you?
1:18:01
Mean this modified. That's modified.
1:18:03
Isn't it? It's an edited version to cut
1:18:05
down gloves and. Is the officer reviewed that?
1:18:09
Yeah, officers reviewed the entire contents of the body Cam.
1:18:12
Yes, Sir. Yes, that's not a question you
1:18:14
asked just right now said as officer reviewed that that video
1:18:17
with this question. Conversion, he has not, but
1:18:19
there's nothing out there, there's nothing that's been
1:18:22
taken out that would be prejudicial to the defendants.
1:18:24
Foundation purposes, Your Honor. Objection.
1:18:29
So how did he get his initials get on there if he didn't, if
1:18:31
he's never seen it before? Reviewed his entire body camera.
1:18:34
I'm the one that makes the edits in the very end of what I
1:18:38
believe needs to be cut out and what can be taken out for time
1:18:42
purposes. OK.
1:18:43
And then how does it get his signature on it?
1:18:45
He signs it. Without watching it.
1:18:47
He has reviewed it through what is it your drive?
1:18:51
Yes, through our or drive that actual DVD that's in his hand.
1:18:56
No, it's not that actual. So let me I'm not getting a
1:18:58
clear answer. It's a very simple question.
1:19:00
Has this witness seen that video in your hand?
1:19:03
This particular on this DVD he has not reviewed the DVD but OK,
1:19:07
so. How did he get a signature on
1:19:10
it? He just, he said here's
1:19:10
something that can close a video.
1:19:12
Can you sign it or how to get a signature on it if he's never
1:19:14
seen it? This is our DVD that we have in
1:19:17
our office for purposes of the videos that are downloaded from
1:19:22
their drive and sent to our office.
1:19:23
How does it get his? Signature on it.
1:19:25
I gave it to him and said this is the copy of your body Cam
1:19:29
that you provided to us. So it's admissible then, but
1:19:34
only with the understanding that if the if the defense wants to
1:19:37
introduce the entire video, they may have the right to do that.
1:19:40
OK, So it'll be admitted under that with that understanding as
1:19:44
states Exhibit number A Mr. Mitchell, go ahead.
1:19:46
We go. Just go ahead and raise our
1:19:48
objection and then we'll ask that the entire video be entered
1:19:50
in. OK, That's up to you.
1:19:52
You're in charge of your case. You want to play this now?
1:19:54
You want to this is admitted in evidence.
1:19:56
Do you want to play this or do you want to do something
1:19:58
different? If he wants me to play the
1:20:01
entire video, I can play. To the entire video about. 50
1:20:06
minutes I cut this down. For a, it's time if you want to.
1:20:09
You just do your case how you want to do it.
1:20:11
And if Bishop McDaniel wants to introduce something, he has a
1:20:13
right to try to do that. Also.
1:20:14
I'm just telling you an an edited version always.
1:20:17
Is there a possibility of something else coming in if the
1:20:19
other side wants to and there may be something, you know,
1:20:22
harmful to both sides? I have no idea.
1:20:24
So do you introduce this or do you want to go do something
1:20:26
else? We'll introduce.
1:20:37
OK, it's introduced. You want, You want.
1:21:11
Yes, just just say that I don't know what you.
1:21:18
Do Well, that's what I do. Just your honor, I wanted to
1:21:23
make a comment that I cut the video for purposes of only
1:21:26
playing relevant portions as it comes to the state's case.
1:21:29
Cut out all irrelevant portions. That doesn't really need to be
1:21:36
published. OK, so.
1:21:38
And that's not uncommon. Thank you for doing that,
1:21:41
shortening the video. And we'll see if Mr. McDaniel
1:21:44
wants to play something in addition to that.
1:21:45
He may not agree. There may be something he thinks
1:21:47
is helpful to him that you cut out.
1:21:48
But that'll be something we we deal with later.
1:22:06
Do not tell me showing the same thing again.
1:22:17
No, I tested it yesterday, right?
1:22:42
Hey, we're trying to play a video in the in the trial that's
1:22:45
doing the same thing it did last time.
1:22:47
Are you aware you can step down here and help us, please?
1:22:48
Yeah, I can come down, Sir. Thank you.
1:22:58
He's on his way. So there's some people in the
1:23:11
chat concerned about the picture fading in and out.
1:23:14
Some of this that you're seeing is tech stuff going on in Judge
1:23:18
Mercer's court right now as they're attempting to connect
1:23:21
this this video, they're cutting their feet and it's coming back
1:23:27
and it's playing games. So it's, it's got nothing to do
1:23:29
with our connection. It has to do with them being
1:23:32
rather inept, it would seem, when it comes to making stuff
1:23:36
work in their courtroom. So, but let's see if we can do
1:23:40
this. We are a little bit in the way
1:23:42
back machine. Let me see if I can punch this
1:23:45
forward past some of this, some of this crazy and I can't.
1:23:55
We're now real time and they're still struggling.
1:23:57
So let's do this. We'll come back, but for now,
1:24:01
let's go to Judge Stevens and I'll come back to the bunch
1:24:06
trial when and if they get their text sorted.
1:24:10
You talked to your attorney later?
1:24:12
You said. She's.
1:24:12
Here, she's urgent. Announce A misdemeanor court to
1:24:17
we want to. Play.
1:24:19
Oh, that's more important. No, no.
1:24:21
No, no. That's the way.
1:24:23
That's the way I'm taking it. It was a case that's going to be
1:24:26
dismissed here for a plea and misdemeanor court, so they went
1:24:29
over there in a plea and misdemeanor court.
1:24:33
We take misdemeanor, but it wasn't a lesser including
1:24:37
offense. Judge what we do have
1:24:42
jurisdiction over misdemeanors in the school as well as
1:24:44
families if. They're refiled as a
1:24:46
misdemeanor. I'm not deputized by the by the
1:24:51
clerk. It's it's his.
1:24:53
Case No. It's a case or they dispose case
1:24:56
that one up, Sir, it's not it's it's a separate matter all
1:25:00
together. Oh yes?
1:25:02
Well. That's what.
1:25:03
But that's why she's not here. She.
1:25:04
When she gets. Back to misdemeanor.
1:25:06
We'll see where we are on this. OK, stand by.
1:25:08
Thanks. You can go outside and stretch
1:25:11
your legs if you want. Xavier Curtis.
1:25:19
Mr. Curtis, that's a you've got the same lawyer as the previous
1:25:23
gentleman and we got to wait for her to get up here and then
1:25:26
we'll take care of that. Jose Granados Castillo.
1:25:31
Judge, that is the defendant that all he has down in this
1:25:35
commune are important doing a plea.
1:25:36
And in that case it's in this here, in this floor.
1:25:39
We already have the dismissal. OK, we'll do it after we know
1:25:45
they didn't change their mind. OK.
1:25:50
OK. Victor Hugo Chavez, the famous
1:25:55
name. Good morning.
1:26:13
And he speaks a little bit of English to a bit more from
1:26:15
Spanish. Victor Hugo.
1:26:21
What did, what did he write? Give me one.
1:26:24
I mean, he's a great writer, great writer.
1:26:28
Mystery. I among other things, he wrote a
1:26:30
mystery. Good.
1:26:32
Answer. I know for y'all it is great
1:26:37
writer, famous person, Victor Hugo Chavez, that is you all
1:26:43
right, It's a DWI. Third.
1:26:45
What are we doing today? If I can get 28 days, it will be
1:26:47
about four weeks. All it can do I'll.
1:26:50
Take it all right? OK, we'll move it then.
1:26:52
You think anything we need to deal with?
1:27:00
Do you Do you speak? English.
1:27:03
A little bit. OK.
1:27:07
Charlie, could you make sure he has an interlock device in any
1:27:10
vehicle he operates? Yeah, I want to discuss that
1:27:13
with him. He does not at this point.
1:27:14
We're going to get it by next week.
1:27:15
You, you cannot drive a car without an interlock device.
1:27:22
Is that understood, Comprende? Very important if it happened,
1:27:30
if we caught you doing that, then your bond would be revoked
1:27:35
and you would stay in jail until this case ends.
1:27:41
You have to operate a motor vehicle responsibly and safely.
1:27:48
Understand. 4 weeks. Charles.
1:27:51
OK, thank you. Did Granado Castillo get taken
1:28:01
care of? And the IT, it was going to be
1:28:07
in another court, right? Yes.
1:28:09
Oh. I thought that's where you were
1:28:10
I. Was they hadn't.
1:28:12
Added to the docket. I'm sorry.
1:28:15
They're working on that for what I should say.
1:28:22
Whatever, DeMarcus Roy. So there was a Peston's partner,
1:28:35
family member. That's correct.
1:28:37
We're just. Keeping.
1:28:40
It on the docket. So we sure that's what.
1:28:43
Kelly said this morning. I thought they all only had one
1:28:48
cell. I just wanted to hear.
1:28:56
So we're going to, we're going to fall into the hall, see if
1:28:59
he's here. If he's not, we're going to make
1:29:02
sure that he is in the Hardin County Jail before I make any
1:29:06
findings. DeMarcus Roy No answer in the
1:29:09
courtroom in cause #25 CR 338. I asked the Bailey to call into
1:29:14
the hall for DeMarcus Roy while we were waiting.
1:29:20
Devante Gilbert, I'm seeing this has been reset a week no longer
1:29:29
after that. That's it.
1:29:30
And Judge, I will let you know on that, that part of part of
1:29:33
that is getting an update on the blood discovery I heard from the
1:29:38
Prime. Lab and.
1:29:40
All that's been completed. So.
1:29:42
Hopefully it's supposed to be in route to all the.
1:29:46
Parties. And there's no answer to
1:29:50
DeMarcus Roy. He may very well be in the
1:29:53
Hardin County Jail. If he is, then we're going to
1:29:59
set this for a review in a week. I just want a week hopefully.
1:30:05
The inmate roster. Now he's there.
1:30:09
He's in Garden. Downey is.
1:30:10
That his picture. I'll be done.
1:30:13
Yes, that's that's certainly he looks certainly looks like she's
1:30:19
he's incarcerated there. What it looks like to me to do
1:30:23
OK, so I would say maybe we. Let's why don't we review it in
1:30:28
two weeks just for status the seat.
1:30:32
Yeah, I mean, we have a hold on them.
1:30:34
So OK, come back and Anthony Smith, Spurrell.
1:30:43
Spurrell, it's Spurrell. I just, you were racing, jumping
1:30:47
the gun there. I was going to catch you kind
1:30:49
of. I'm heading to taken off before
1:30:52
the gunfire. On Mr. Spruill, in post #25 CR
1:31:14
541 you were charged with a third degree felony of failing
1:31:18
to comply with sex offender or registration that you required
1:31:21
to register annually. I presume this states that you
1:31:26
failed to do that and 24 and then you were indicted last year
1:31:31
in May for this third degree felony.
1:31:36
If it were only that there's obvious when you have a duty to
1:31:41
comply with sex offender registration, that means there's
1:31:44
has to be a conviction. In the background.
1:31:48
And in 2022 and out of Harris County, Texas, you were
1:31:52
convicted of sexual assault, which requires you to report.
1:31:59
And this third degree felony is what has occurred.
1:32:05
Have you complied with reporting responsibilities as of today?
1:32:13
OK, if convicted of this, this is a third degree felony which
1:32:18
carries with it up to 10 years in prison.
1:32:20
But because of the prior conviction, if you were
1:32:23
convicted and that prior conviction was proven true, it's
1:32:28
likely based upon the way the indictment is worded, then you
1:32:34
would be facing second degree felony punishment.
1:32:38
It gets enhanced. So then you are now looking it
1:32:41
up to 20 years in prison, which is serious.
1:32:44
All right, today, what do we do? I think we're going to say on
1:32:47
the trial docket, we've talked quite a bit about this.
1:32:49
We've been back and forth with the state, with my client, and
1:32:52
we believe that the evidence shows.
1:32:55
We disagree on the evidence, I believe.
1:32:57
Judge this case. So I did.
1:33:00
Some defense counsel provided me with some information, I did
1:33:04
some digging, and I was able. To see that the.
1:33:06
Defendant registered in another state in July of 2024, and then
1:33:11
there is a gap where he didn't register back in Port Arthur
1:33:14
until January of 2026. So I'm going to have this case
1:33:18
refiled for the 2025 failure to register instead.
1:33:22
Of this 20. 24 so it'll come back re indicted under new year.
1:33:27
OK. All right.
1:33:31
You have a hand raise. I don't live in.
1:33:33
Portland alleviants do. There's not time.
1:33:36
To argue, I know and I've seen the documents.
1:33:38
Don't worry about that. That's.
1:33:39
Part of what that's. What I said, do we disagree on
1:33:41
the evidence? OK.
1:33:42
So he registered in Port Arthur, so I'm.
1:33:45
He should register. Elsewhere, he must have a
1:33:48
driver's license like that, I would think.
1:33:53
Oh, that's post your, your address there.
1:33:58
But, well, the the ramifications are #1 the Constitution states
1:34:09
you have a right to a jury trial.
1:34:11
And great, we've had more than any District Court, apparently,
1:34:17
according to what I've heard in research.
1:34:22
On. Trials.
1:34:24
So we tried cases here and but the issue is you have a prior
1:34:31
conviction apparently. Which means if.
1:34:33
You are convicted. You are not eligible for
1:34:35
probation at all. It would just be no less than
1:34:40
two nor more than 20 years confinement in prison if what
1:34:44
this indictment reads is proven beyond a reasonable doubt which
1:34:49
is most serious and I just hope everybody is certain with their
1:34:57
plans. But that's why we invented trust
1:35:01
trials by jury. All right said it.
1:35:05
I've been just said it for the trial docket for a trial.
1:35:07
If y'all when we we indict, he'll have to come up and have
1:35:12
another appearance. For that but.
1:35:15
I'm not going to wig around on this, and this one is.
1:35:18
This is odd because. I've done I've.
1:35:21
Done this for a long time and generally there's not a lot of
1:35:27
confusion on this. It's generally very
1:35:31
straightforward matter we have. Various different jurisdictions.
1:35:34
Involved, you know. So I hope everybody's correct
1:35:37
because 20 years in prison method is on the line.
1:35:47
OK, friends, real quick with regards to the Judge Mercer.
1:35:51
Bench trial. So they were having tech issues
1:35:55
trying to get this video evidence to to show up on their
1:35:58
monitors and stuff in court. And in the process they
1:36:03
completely naked everything except their audio.
1:36:07
So they played the body Cam footage or whatever it was and
1:36:13
all you heard was the audio. And now they're back to
1:36:15
questioning the witness. But the only thing we have is
1:36:17
audio. If this were just a podcast, an
1:36:21
audio podcast on Spotify, that'd be fine.
1:36:23
It's not overly compelling for YouTube and Rumble and Kick and
1:36:29
X viewers. So I think we're going to move
1:36:33
on from that unfortunately. I was hoping to be able to show
1:36:36
you that bunch trial, but they broke it.
1:36:38
So we're just going to stick with regular old fashioned other
1:36:43
courts. Back to Judge Stevens, you were
1:36:47
convicted 3 times in this court for aggravated.
1:36:52
Assaults. Back in 2019, if one or more of
1:36:58
those are true, then this third degree felony becomes punished
1:37:02
as a second degree felony, which carries with it if you're found
1:37:06
guilty and carries with it up to 20 years in prison.
1:37:18
Also, you are not eligible for probations on a jury if you're
1:37:26
convicted. You understand?
1:37:28
Yes, Sir. Are you still at 3444?
1:37:31
No, Sir. 25th St. Port Arthur.
1:37:34
That's what I wrote down. That's what you told me at one
1:37:37
time. I'm going to tell you.
1:37:41
You're supposed to. Inform the court as well as.
1:37:45
Of your bondsman, all updated addresses and all I have is 3444
1:37:51
25th St. Port Arthur, which is in my
1:37:54
handwriting. Which means you told me.
1:37:56
Yes, Sir, you didn't correct it. What is the?
1:37:59
What is the correct address Sir 2140?
1:38:02
7th. Property that's in Port Arthur.
1:38:06
Yes Sir. And 642 Zip 776. 42.
1:38:25
Yes, Sir. Is that right?
1:38:27
Yes, Sir. 77640, it's zero. Yes, Sir.
1:38:32
Yeah, I thought Proctor St. Would it be 6/4?
1:38:34
Zero, because that's going to be the original part of Florida
1:38:38
down there and it's corrected On this date.
1:39:43
I'm looking to travel cause affidavit and so please arrest
1:39:49
or stop the defendant and there's marijuana in the vehicle
1:39:54
and according to the proper cause affidavit, the defendant
1:39:59
says he had just smoked marijuana.
1:40:03
And. They found a baggie in the
1:40:08
center console containing marijuana and located AAR 15
1:40:18
rifle in the back seat floorboards.
1:40:23
The police asked. What the defendant?
1:40:25
Was doing with the firearm. He stated he has had the firearm
1:40:28
and it is clear. OK All right, you got to try it.
1:40:37
You understand you're not eligible for probation.
1:40:40
Yes, Sir. All right.
1:40:42
We're going to set this, put it on the trial docket.
1:40:45
Get a trial. Setting and no deals on this.
1:40:51
Get it and take a seat and jury box.
1:40:55
We're going to test you for drugs just to make sure you're
1:40:57
OK. Get a resetting go take us.
1:41:01
That's going to be about the offer now.
1:41:04
I'm not taking any deals. On that, that's.
1:41:06
Got to be the offer now next is Xavier Curtis.
1:41:15
I'm reinvited so they can very oh, I'm shopping.
1:41:19
I have those notes on. My.
1:41:20
Invitement. Right, for an opportunity.
1:41:23
So maybe. Oh, OK, Xavier Corvis.
1:41:31
That's you. In 25 CR 284, we were here with
1:41:39
your attorney, with Manali and the State's Attorney.
1:41:41
Earlier you entered a guilty plea on the second degree felony
1:41:46
of burglary of inhabitation and a pre sentence report has been
1:41:52
prepared. Have the parties had an
1:41:54
opportunity to review it? Any corrections or changes to it
1:41:59
necessary? None from the state judge.
1:42:03
Judge, I don't know that it's a correction, but more.
1:42:05
Clarification. Would you rather us wait
1:42:07
whatever on page 4 whenever we go?
1:42:10
Let me get to page 4. Sorry, go ahead.
1:42:14
Whenever we go under the 1st. Paragraph under the
1:42:16
recommendations. Portion.
1:42:17
Of that. There is a sentence in there
1:42:20
that talks about him committing the offense, accepting
1:42:24
responsibility for his actions, but then whenever he was later
1:42:26
asked about his past or present mental.
1:42:28
Health history or? Treatment.
1:42:30
He said that he never had any issues.
1:42:32
I've talked with my client about that statement.
1:42:34
What was that? Yeah.
1:42:35
What does that really mean? He has let me know that before
1:42:38
this incident and before this. Depression that.
1:42:40
Depression that he was. Suffering, he thought the
1:42:41
question was had he been treated for any mental illness of any
1:42:45
kind like that. So that response is yeah, I
1:42:48
thought it was unclear was a lack of a.
1:42:50
Clarity. Question SO.
1:42:53
He was. Suffering.
1:42:54
From depression. At the time that this offense
1:42:56
was. Committed.
1:42:57
But he has not ever been fully evaluated for mental health
1:43:01
issues and he has never been deemed insane or incompetent or
1:43:04
anything like that. And I think that that was his,
1:43:06
his interpretation of the way the question was matched True.
1:43:10
So that's the only thing that we wanted to provide some clarity
1:43:13
on. What do you do now, Sir?
1:43:22
For a living right now I still I still work for the Tony tree
1:43:26
services and removal but. I've also just got hired on to
1:43:31
another job. I've got confirmation for that
1:43:34
Monday. They called me to come in to do
1:43:38
my organization and whatnot and I'll be working at Bargain King
1:43:43
on East Techs in front of mall. And I start that Friday and I
1:43:48
was supposed to be receiving a phone call today on the things
1:43:53
that I need, such as like, yeah, to get ready to start like
1:43:57
uniform and things like that. So.
1:44:00
And yeah, so that would start. Friday and then you also do the
1:44:03
the. Kind of odd.
1:44:04
Jobs with the tree cutting and. Everything else too.
1:44:07
I do that you. Know he whenever he calls me or
1:44:09
you feel that he need me. He'll call my phone and I'll go
1:44:14
out or I'll go meet him and we go to work for that day and I
1:44:18
get paid for that day, which is the right?
1:44:20
So I get paid for the day is between nursery to 150 a day
1:44:25
depending on where we're going on how many trees we got to put
1:44:30
it and locations because sometimes we go do easy on
1:44:34
Maurice Field and other strange places like that.
1:44:38
It was not. So as far as that I will go
1:44:42
start working a full time job starting Friday.
1:44:54
Did you know the the victim in this case?
1:44:59
You randomly chose this. Place.
1:45:01
To burglarize. Yes, I think we had.
1:45:04
The last time I was here before we got it says what, citizen?
1:45:08
You had asked me. Yeah, I have 5000 cases so
1:45:11
forgive me if I didn't remember. Because your face is familiar.
1:45:15
I remember the faces, I just don't remember the exact subject
1:45:20
matter of every one of the 5000. It
1:46:03
was. Told to me I understood that
1:46:13
there was absolutely I don't feel guilty that's taken for
1:46:26
someone and actually take the phones especially if they stay
1:46:32
work and it helps so I understand everything that's
1:46:38
going on back and forth. Second chance to get everything
1:46:46
back on train and judges you'll notice the criminal history.
1:46:51
I believe it's also furthering the habit at that time.
1:46:54
There's a majority of his issues with the law within our
1:46:56
possession issues are drug use issues, choice issues, right
1:47:02
choice issues too. Everything.
1:47:05
Everything. In life has to do with the
1:47:09
cities choices, the choice that we might.
1:47:12
Is. Unless you're I was forced at
1:47:14
gunpoint, Yeah, but every choice and.
1:47:17
Decision that. We might.
1:47:20
That's that's what our life is based on is whether it's a good
1:47:23
or. I know you're speaking that.
1:47:25
Yeah, I hear you speaking, but you've been through this before.
1:47:30
You've been through this before. You were placed on probation in
1:47:35
2017 for illegal possession of drugs and that was revoked
1:47:40
because you failed to follow the second chance that was given to
1:47:44
you actually. Then.
1:47:46
Let me this is Yeah. So this is solo right?
1:47:49
Now and. Then there was a felony as well.
1:47:55
It looks like a companion case. You had a misdemeanor?
1:47:57
And a felony and in that felony case, you were placed on
1:48:02
probation a month. After you were placed on.
1:48:04
Probation with a misdemeanor and sentenced to three years
1:48:09
probation and then that was revoked at the same owner about
1:48:15
the same time the other one was revoked, which was a year looks
1:48:20
like a year later. And then you were sentenced to
1:48:22
three years in prison. So you've had you've already had
1:48:27
two second chances. This is.
1:48:30
A third one. Do you see how many do you get
1:48:37
before? Enough is.
1:48:38
Enough for you to realize that mistakes have consequences under
1:48:43
the law. And you have to know you can't
1:48:46
be bewildered about drugs on this one because this is a
1:48:49
burglary of somebody's home, which is probably a more serious
1:48:56
level of crime than the 2 drug cases you had.
1:49:00
But they're still crying. It's like you didn't learn the
1:49:04
first time. I mean, now I've had.
1:49:07
Time. To reevaluate.
1:49:09
Myself. And also really, how's that
1:49:12
coming along? It's actually coming very well.
1:49:16
Well. What have you evaluate what?
1:49:18
Have you determined I'm I'm actually just talking right now.
1:49:22
I mean, if I say so if you're. Looking for my own my own space
1:49:26
of living and the jobs. Then also going back to school
1:49:31
to finish. Either get my GED or get my high
1:49:35
school diploma. And I also have plans after
1:49:38
that. I really have a lot of things
1:49:42
that I really have planned and. That I'm trying to do with
1:49:45
myself. To get myself better and to make
1:49:49
me a better person for not just myself but also the world and
1:49:53
society. All I'm really asking is for.
1:49:59
This chance to. Get myself together, which I've
1:50:04
already started doing such things.
1:50:10
As far as? Handling my problems different
1:50:16
I. Talk to people.
1:50:18
My support. System has got better than ever
1:50:21
since the incident. I've been more talkative, I've
1:50:25
been doing more positive and all types of sorts of things.
1:50:31
I've been really keeping myself productive to keep myself
1:50:38
thinking negative little thing. Also remove myself from crowds
1:50:44
that has a negative meaning also.
1:50:46
So I really been to myself and sticking to handling everything
1:50:52
that is right for me that I need to do to make myself better and
1:50:57
also my life better also. What about this drug stuff that
1:51:00
you're having? Problems working with even more.
1:51:06
There was no. Drugs.
1:51:08
What did you? What did you?
1:51:09
Tell the do you? Remember what you told the
1:51:12
probation office? When they.
1:51:13
Talked to you about this. They interviewed you and they
1:51:17
write down things. We talked about multiple things.
1:51:23
And. The judge was also one of them.
1:51:26
I told them that I recently stopped smoking not too long
1:51:31
ago, that I was smoking marijuana and I just unless
1:51:36
everything belongs, just to get myself together and to get my
1:51:41
life on the right track, as it needed to be and as I should
1:51:45
have been doing. When did you stop the marijuana?
1:51:51
I would say maybe about two months ago.
1:51:54
About two months ago. Something like this?
1:51:57
I think since you've been on bond.
1:52:05
God bless you. Well, yeah.
1:52:12
Yeah, you've been on bond, haven't you?
1:52:15
Yeah. Yeah, and you're smoking
1:52:16
marijuana on my. Watch on Bond.
1:52:19
You've been on bond for a long time here.
1:52:21
Yes, Sir. And you've been smoking
1:52:22
marijuana while you're on bond. But was there any rule?
1:52:32
Yeah, I know you're saying. Something.
1:52:35
But you're not doing what you're supposed to do.
1:52:38
But you, you talk a good talk. You got to walk the walk as far
1:52:43
as far as now I'm willing to show.
1:52:46
Now everything. You made a promise.
1:52:50
You made a promise a long time. Ago.
1:52:52
The first time you were on. Probation in 2017, you made a
1:52:57
promise. I'm going to follow all the
1:52:59
rules, I swear, Judge in two cases that you failed.
1:53:07
Then here you're made a promise when we left.
1:53:13
You out on bail? To follow the rules, but you're
1:53:17
smoking marijuana as fast as you can.
1:53:19
Get it? Sir, if I'm sure that was my
1:53:24
dog. I only step up.
1:53:26
During my period of being on bond then it was 16.
1:53:31
I'm sorry. I'm sorry, Sir.
1:53:34
You don't win. The award for making a mistake.
1:53:38
You made a mistake. You don't get the participants
1:53:41
trophy here. You've got to succeed in
1:53:44
following the rules. And Meryl using drugs, acquiring
1:53:49
drugs, possessing drugs or crimes.
1:53:52
Just not oh, I ran a red light inadvertently, or I should.
1:53:57
I crossed the street, not at the intersection by jaywalk.
1:54:03
These are drug crimes, serious crimes.
1:54:06
You know that you've been convicted of these things before
1:54:10
then, and now you're up to a second degree felony.
1:54:14
Somebody's home, you're burglarized, which is not good.
1:54:20
I mean these people. Have a right?
1:54:23
To privacy. And then you're, you're saying
1:54:30
things, you're just failing to do what you're supposed to do.
1:54:35
But you certainly make promises, but you haven't kept the
1:54:40
promises that I'm looking at here in this report, Sir, which
1:54:45
is kind of your choice. They are.
1:54:50
And I agree with you 100%, but as far as.
1:54:53
Now everything is nothing better.
1:54:59
Better than really. It's ever been for me.
1:55:03
And I'm doing my best to keep everything right and to do
1:55:09
everything right. And I see.
1:55:14
I understand that the. Promises that I also did make, I
1:55:17
did not keep. But I promise you now that with
1:55:22
the mindset that I have and the things that I'm trying to do
1:55:24
with myself and within myself, that they're going to be made
1:55:30
and they're going to be made. And it's also going to make
1:55:33
everything better, not just for me, but for everyone else, for
1:55:37
me to be a better person. We're not through with this.
1:55:53
I'm not ready. For.
1:55:56
Sentencing today as a condition of his.
1:56:02
Bond that he's. Failed on.
1:56:07
What? We're going to do is I'm going
1:56:11
to revoke his bond for his failure to follow the terms and
1:56:15
conditions of bond and he is going to be.
1:56:23
Required. To fully and completely describe
1:56:33
where he's getting the drugs, who he's getting them from,
1:56:36
before I do in sentencing. Like he says, he's been using
1:56:41
them daily and I want to know where it's coming from that
1:56:47
you're part of it. Dealers don't exist if they
1:56:51
don't have the buyers. I want.
1:56:54
To know where this mess that you've gotten yourself into on
1:56:58
drug abuse, now it's caused you to.
1:57:01
Commit. Burglaries.
1:57:03
A burglary. I want to know where the source
1:57:06
of that is. And we're going to decide how
1:57:13
forthright you are because we're going to get to the bottom of
1:57:16
all this. You're not going to hide
1:57:17
anything anymore for money or else don't worry about it.
1:57:22
We'll just on a child diet. What do you want to do?
1:57:34
Fix your mess? Clean it up.
1:57:38
Or not. All right, so.
1:57:44
I'm. Going to meet with law
1:57:48
enforcement and I want you to be truthful and accurate with that.
1:57:53
And I'm going to ask them to, as a condition of that, provide
1:58:03
that information. And I'll put it into the
1:58:09
equation here. You don't have to talk to them,
1:58:13
but I don't. I don't want that unless there's
1:58:18
something. That you need to talk to your.
1:58:20
Lawyer about. I don't want.
1:58:25
I don't want some additional prosecution from it.
1:58:28
I just want you to be forthright.
1:58:29
As long as it's marijuana, which is still illegal but not on my
1:58:34
watch, you're not going to do that.
1:58:36
I want to know who's the problem.
1:58:42
I don't think you're the one growing.
1:58:43
It and selling it. But you're acquiring it.
1:58:49
I. Want to get to the bottom of
1:58:50
where that comes from for law enforcement purposes before I
1:58:54
decide what I want to do here and I've you're forthright with
1:58:59
me, I'll reward you. Excuse me, my friends.
1:59:02
We have a online what that looks like.
1:59:05
Judge. When were you supposed to start
1:59:12
work? Friday.
1:59:12
Friday. What?
1:59:14
Do you mean? Friday.
1:59:15
This Friday. OK, I want you to work.
1:59:24
Is there a way that he can work today?
1:59:27
Yeah, I want you to work and then I don't.
1:59:29
Know he can have a meeting with law enforcement over the.
1:59:32
Next two weeks. While he's.
1:59:34
On. Bonds, if y'all can work that
1:59:36
out that's fine, but I want him to go to work.
1:59:38
What is it? Today is Wednesday.
1:59:40
Wednesday, Judge. OK, so you go on Friday.
1:59:45
How about we drug 48 hours to do it to talk to him 40?
1:59:49
8 hours to get with him. OK.
1:59:56
And the DA's office needs to be involved in that too.
2:00:02
Yes, Judge, I don't want him starting probation and he's
2:00:07
we've got these issues that have that aren't resolved about the
2:00:16
drug usage and. That's what the problem is, is
2:00:22
it steps up to more serious behavior like second degree.
2:00:26
Felonies. And burglaries, it's just.
2:00:35
That looking and. Looking at the pre sentence
2:00:37
report, it's just this really bothers me that you're moving
2:00:53
into more serious behavior well, but that needs to stop.
2:00:57
And it needs to. Get.
2:01:00
Resolved with a more aggressive drug treatment plan.
2:01:06
I think that's what I'm thinking, but we'll see.
2:01:11
Understanding and. I'm building a Yeah, all right.
2:01:21
Is there somebody specific? Is it going to be the DA's
2:01:24
investigator? That we are going to be working
2:01:26
with. I've asked the district
2:01:27
attorney's office to handle that.
2:01:29
We'll be we'll concordinate when.
2:01:30
We're not at the dentistry. So he is free to start work on
2:01:36
Friday and his as long as he's cooperating, I want.
2:01:41
To reset this step for. A week, though.
2:01:43
Just for a week. And then come back and finalize
2:01:46
this hopefully, OK, basically these are problems that it's
2:01:56
high time they. Get fixed.
2:01:58
Completely and sincerely not yeah, I'll go on probation, get
2:02:06
revoked, then later I'm on probation get revoked and that's
2:02:11
not success Actually planning on I'm actually planning on doing.
2:02:17
Everything OK? I'm going to reset a week.
2:02:21
OK, One week. Judge.
2:02:23
Here's this. We'll be back.
2:02:24
Thank you. Yeah.
2:02:28
Any signs? Or something.
2:02:30
Thank you. Okie, Dokie.
2:02:33
Friends, let's change it up a little bit.
2:02:34
We're going to go to Michigan. Judge Middleton is doing
2:02:39
misdemeanor sentences. Let's see what that's all about.
2:02:42
Oh no, actually, let's hold on a minute because weird hair guy
2:02:44
just came back up. OK, bring me back on this one.
2:03:01
His plan, y'all's plan as well set for trial.
2:03:05
OK. It will be set for trial and.
2:03:08
Do. You understand the punishment
2:03:12
ranges. Up to a second degree felony.
2:03:14
With. No probation is no probation is
2:03:19
an option if you've been convicted of a felony and.
2:03:29
This probable cause. Affidavit, it states you said
2:03:33
you had the weapon and it's clear, whatever that means.
2:03:42
All right, good deal. That's set for Trump.
2:03:46
We'll try it and see what happens.
2:03:50
OK. Thank you on that.
2:03:55
Did you get the job? OK, now we will go to Judge
2:03:59
Middleton. All right, so we're ready to go.
2:04:36
We've got three sentences set for this morning.
2:04:39
Sometimes I'll try to fit them in on a Wednesday morning if we
2:04:42
have time. And we do.
2:04:44
We have a domestic violence case here with Mr. Gibson, and then
2:04:49
we have another matter and then one with Miss Strong.
2:04:53
This is Cheyenne Marie Zarnecki. That's you.
2:04:57
I was gone for a few days and I reviewed this case again.
2:05:00
Yesterday when I came. Back and then I looked at it
2:05:04
again this morning. This is a prosecutor's offer for
2:05:09
a deferral in a domestic violence case.
2:05:12
This happened in January. You and your partner have both
2:05:17
been drinking alcohol is kind of an underlying pink elephant in
2:05:21
the room here. But otherwise, as far as I can
2:05:24
tell, you don't have much of anything in a criminal history
2:05:28
criminal record and you appear to be appropriate for our
2:05:31
women's anger management deferral.
2:05:36
But Mr. Gibson what would? You like me to know?
2:05:51
I guess the. Defendant, I think there was
2:05:53
alcohol mentioned in the report, but I don't know if the
2:05:56
defendant was believes that she was intoxicated.
2:06:01
I I was not well according he certainly was.
2:06:05
Yeah, I I let. Them know that he was but the
2:06:09
report. Says get him back into this
2:06:13
file. First there's the bond
2:06:24
information report and then the whole report.
2:06:37
Both parties indicated the Zarnecki started the altercation
2:06:41
by placing a hand. Over.
2:06:42
Farmer's mouth and squeezing his throat.
2:06:45
Farmer and Zarnecki were in a dating relationship five years
2:06:48
and had a child together, both parties stated Farmer was
2:06:52
intoxicated and a nearly empty 375 milliliter of vodka was at
2:06:58
the scene. So he was the one drinking the
2:07:01
vodka, not you. No.
2:07:03
All right. I I barely drink.
2:07:06
All right. I had a.
2:07:07
Broader attribution. In that case, all right, well,
2:07:12
go ahead, Mr. Gibson. Thank you.
2:07:14
So the defendant is employed as a security guard.
2:07:20
She's only 22 years old. And so I.
2:07:23
Believe that, you know, with this situation, it was an
2:07:27
unfortunate situation, but I believe that she can be, in a
2:07:32
sense, she can learn from this. And I don't.
2:07:35
Believe, I believe. That.
2:07:36
The deferral is appropriate here, I would.
2:07:42
Ask the court. To sentence the defendant to
2:07:44
probation and if she needs you know if there are any concerns
2:07:49
about. Issues.
2:07:50
Such as substance abuse, then I'm assuming the probation
2:07:53
department would be able to address that.
2:07:56
But I don't believe that alcohol is an issue with her, at least
2:08:00
during this incident. So thank you, Miss Campfield.
2:08:08
Thank you. I don't know if you were
2:08:10
involved in this or Abigail. Was but.
2:08:12
At the pretrial, this is again pretty fast.
2:08:15
This happened in January and we're doing the sentence in
2:08:20
February and she accepted responsibility.
2:08:24
The prosecutor did not object to the deferral.
2:08:31
I've set it out for at least 10 days to get input from him and
2:08:36
get the whole police report. I'm assuming still you don't
2:08:40
have any objection to a deferral, correct?
2:08:45
Your Honor, we don't have an objection to that and Mr. Farmer
2:08:47
has not activated his rights with.
2:08:50
Or office or responded to the letters we sent for pretrial or
2:08:55
sentencing. I do know that he was injured.
2:08:59
He did have some scratches and whatnot from the altercation.
2:09:05
The defendant indicated that she had had some bruises on her arm
2:09:08
from the altercation. So I do think in this particular
2:09:12
instance due to her age and lack of history that the deferral is
2:09:16
appropriate, can assist in learning communication skills
2:09:21
and triggers and then how to cope with a lot of the strong
2:09:27
emotions that come with trying to Co parent child, a toddler in
2:09:31
this particular instance. And I will note that the toddler
2:09:35
was present during the majority of this altercation as well,
2:09:38
which is concerning. So I think the counseling, well,
2:09:41
part of what started the fight is he was going to care for the
2:09:44
child and brush their teeth or whatever.
2:09:46
While he was drunk. And then it all kind of went
2:09:49
downhill from there. How old is your son?
2:09:52
He's 3 1/2 all right now. I had a no contact.
2:09:57
Provision in here you guys. Were living at the apartments
2:10:00
but used to be known as waterfront.
2:10:02
Who's still there? I am.
2:10:04
He moved out the the day I came back.
2:10:08
Or was coming back and got in. Jail.
2:10:13
Where does he work? I'm not sure.
2:10:16
If he has a job or not yet, but he.
2:10:19
Ended up moving with one of his friends up north in Greenland.
2:10:23
Oh, I moved to Grayling, Yeah. Miss Zarnecki, it would be very
2:10:32
good if you completed this probation.
2:10:36
It entails A referral to the women's anger management class,
2:10:42
the Women's Domestic Violence Treatment Program.
2:10:45
I started that when I was prosecutor long time ago, 35
2:10:50
years ago, and now I use it all the time as judge.
2:10:57
Almost to a person, the women tell me that they thought it was
2:11:01
valuable, they liked it, they got good input.
2:11:05
Very often women that are charged with domestic assault
2:11:09
are also victims of domestic assault.
2:11:16
And so we try to explore that whole dynamic.
2:11:20
Now I'll, I told you at the time of the plea, I'll tell you
2:11:23
again, if you hold up your end of the deal in this, the charge
2:11:27
will be taken off your record and there will not be a public
2:11:30
record of this conviction. Do you understand?
2:11:34
All right, I'm going to put you on a 12 month probation.
2:11:38
I believe you. Got one day of jail, 11 days
2:11:44
jail credit. 1. Of the 11 days ordered, 10 are
2:11:49
deferred. You're not going to do any
2:11:50
additional jail time. If you do what I ask you to do,
2:11:54
I'm going to make the fine 0. There's a $75 crime victims
2:12:00
rights fee and a $50 state minimum for those are required
2:12:04
by state statute. There's $150.00 attorney fee.
2:12:08
There's a 480 probation oversight fee to pay for the
2:12:12
class. You can do this probation in
2:12:18
half of the time. So a 12 month probation, you can
2:12:22
complete it in six months. Which will.
2:12:25
Save you $240 in oversight fees. Some of it depends on when the
2:12:30
class is eligible. I had a guy this morning, he was
2:12:35
five classes into his, I think 26 classes, and he was enjoying
2:12:41
the men's domestic violence program.
2:12:44
I'm ordering that you go to the anger management counseling, no
2:12:48
assaultive or threatening behavior, no drugs or alcohol,
2:12:55
test if necessary. I don't think for you it's a big
2:12:58
issue, but you're not allowed to use any marijuana or use any
2:13:03
alcohol while you're on this probation.
2:13:05
I'm lifting the no contact provision.
2:13:08
You can talk to each other, but you can't engage in any
2:13:13
assaultive or threatening behavior.
2:13:16
Now, has he had any contact with your son since he left?
2:13:20
Yes, he my son has an iPad that he will call does.
2:13:24
He. 3 year olds are using iPads. It's only for like.
2:13:29
An hour or two a day. I don't let him plan it all, but
2:13:32
they well. That's I'm not being critical,
2:13:37
it's just. They were a lot smarter than I
2:13:39
was. Your whole phenomena.
2:13:41
My grandkids would stay glued to it if they even my. 2.
2:13:44
Year old granddaughter is intrigued by it.
2:13:52
What shift do you work? I work for shift.
2:13:55
So are you missing work right now?
2:13:57
Yeah, all. Right, well, these classes are
2:13:59
mostly in the. Evening.
2:14:02
I get out of work at 2:00 PM every day.
2:14:06
Time to go. In 6:00 AM.
2:14:08
This is at American. Axle.
2:14:11
The Morgan Olsen. Morgan Olsen.
2:14:16
So you. Drive from three.
2:14:17
Versus. Sturgis Every.
2:14:18
Day. Yeah, I had it mixed up.
2:14:24
Where are you from originally? I'm from Manistee.
2:14:31
I think you told me. That How did you guys end up in
2:14:34
Three Rivers? Well, we moved around a lot,
2:14:38
bouncing from my family. And then I last place we moved
2:14:44
into was with my aunt and Shipshewana IN and then I was
2:14:48
finally able to get into my own apartment in Three Rivers.
2:14:54
Well, it's not a bad place to be.
2:14:56
Those are pretty nice. Apartments.
2:14:59
Who's doing your child care? He goes to the Carol ship he had
2:15:04
start for now and then I have. A friend that watches him for
2:15:07
the couple hours that I go to work and then she takes him to
2:15:11
school and then I get out of work just in time to pick him
2:15:14
up. All right, well, you got.
2:15:17
A system. And I would like to see you
2:15:24
complete this and have this charge taken off your record.
2:15:27
So I want you to take this form out to the calendar and they
2:15:33
will get you plugged in. And I want you to hold up your
2:15:44
end of the deal. If you can get this done in six
2:15:47
months, I'll discharge you from the probation.
2:15:49
Charge will be made non public. Yes, Sir.
2:15:52
All right, Good luck to you. Thank you.
2:15:58
Paul, you've. Also got Alexander Pappas, if
2:16:03
he's here early, we can start her.
2:16:05
OK, I'll see if she's out here tonight.
2:16:17
Excuse me. I end up using a lot of these
2:16:19
Wednesday slots for Casey Strong because she can't do Mondays
2:16:27
because of the Kalamazoo obligations, but I only have one
2:16:31
today and I was gone for a few days which kind of jammed up
2:16:36
some of my sentencing spots. But this worked out fine.
2:16:39
We got plenty of time to do 3 sentences.
2:16:43
I hope that young lady completes this.
2:16:56
Fiona, did you end up doing Mr. Sobey's sentencing this morning?
2:17:00
I did. I.
2:17:01
Was next door. Well, what it wasn't It was a no
2:17:03
insurance case and he has a bunch.
2:17:06
Of. Tickets, but he'd get them at
2:17:08
the same time and then he wouldn't answer the civil
2:17:10
infractions. So they all got deferred,
2:17:14
defaulted. He's on a payment plan.
2:17:18
I deferred it to see whether he'd made his payments and he
2:17:21
made a payment and December, January and February 19th and he
2:17:26
was going to make a payment today.
2:17:28
So I just gave him an additional fine and put it as part of the
2:17:33
payment plan. Gotcha, thank you.
2:17:36
I think he's lost his license. From some Kalamazoo.
2:17:40
Stuff. But he said he's not driving
2:17:42
anymore. His sister lives in Constantine.
2:17:47
She drives to Shipshewana and picks him up and takes him to
2:17:50
work in Benden. And I said, boy, that's a zigzag
2:17:56
life. But
2:18:20
so while we're waiting for the next contestant, good morning to
2:18:23
all of you. Once again, it's good to have
2:18:24
you all here with. Me on this Fine fine Wednesday
2:18:29
thoughts with Michael Groff who should be starting his doctor's
2:18:33
appointment here pretty soon. Friends of the channel know that
2:18:36
he busted his arm the other day, so hopefully he gets some good
2:18:38
news on how to treat that here this morning.
2:18:42
Tonight, assuming that nothing goes, Kitty Wonk is with Mike.
2:18:45
We will have In the Blind with Mike and Dan that is over on a
2:18:48
separate channel. Barbara I'm sure will drop a
2:18:50
link for us because that's what she does.
2:18:52
Thank you Barbara, but if you've not seen that show before,
2:18:55
please do join us at 7:00 PM Eastern, 4:00 PM Pacific.
2:18:59
It's a lot of fun. Mike and I spend an hour on the
2:19:02
show. We are given 2 topics to discuss
2:19:06
and we have no idea what they are ahead of time.
2:19:09
It's something different every time.
2:19:10
And then my favorite part of the show happens after that where we
2:19:13
do a true false round where things get kind of crazy and we
2:19:17
learned some stuff that we had no idea was real and it's a
2:19:21
hoot. So check that out in the blind
2:19:23
with Mike and Dan. Looks like some contestants
2:19:28
might be approaching here, so let's get back to court.
2:20:09
Or maybe not. We'll circle back to Judge
2:20:12
Middleton. But let's.
2:20:13
Let's go say good morning, Judge Mom.
2:20:35
Who is muted? It shouldn't be this hard to.
2:20:40
Do court. Good heavens, let's see here.
2:20:52
Maybe they're not muted? Sounds like they've got audio
2:20:54
issues though, that's unfortunate.
2:21:00
All right. All right here, looks like we
2:21:04
got some stuff. Going on in Milton's.
2:21:05
Court now back there. This is file number 252180 SD
2:21:26
People versus Alexander Kennedy Pappas.
2:21:30
That's you, Sir. Yes.
2:21:32
You're here with your lawyer, Mr. Paul Gibson.
2:21:34
You entered A plea to this charge of operating while
2:21:37
appeared, which was a generous plea offer.
2:21:41
The matter was set for sentencing today.
2:21:45
Mr. Daniel Frazine has prepared the screening report and you're
2:21:52
here with your lawyer, Mr. Paul Gibson.
2:21:55
Also present is Angela Canfield from prosecuting attorney's
2:21:59
office. Mr. Gibson, what would you like
2:22:01
me to know? The defendant, although he does
2:22:07
have a criminal. History.
2:22:10
This would be his first drinking and driving offense, so at least
2:22:18
I think. That.
2:22:22
He was very in his report, in the report.
2:22:25
That Dan. Wrote up.
2:22:26
I believe that the defendant was very open and honest about his
2:22:31
his substance abuse issues and. So I believe.
2:22:34
That he does have, I believe, the ability to.
2:22:41
Learn from this. Experience and hopefully put
2:22:46
this in his past and hopefully this will be his first and last
2:22:50
drinking and driving offense. The defendant is employed and so
2:22:58
I would ask the court to consider following the
2:23:01
recommendation of the probation department or in the
2:23:04
alternative, sentencing the defendant to fines and costs and
2:23:08
community service. Thank you.
2:23:41
OK, Miss Canfield, what would you like me to know?
2:23:46
Oh, Your Honor, I'm concerned about this case, and I do agree
2:23:50
with the court. That they impaired.
2:23:51
From my office was a very generous offer and under the
2:23:57
circumstances I might not have tendered that offer.
2:24:00
He did have a .22 but alcohol level and pursuant to his PBT
2:24:06
and then the intoxilizer a little while later showed a
2:24:08
.171. He admitted having a Long Island
2:24:14
Iced Tea at Applebee's, but he also had an open 25 oz can of
2:24:20
Budweiser in the cup holder of the vehicle when he was found in
2:24:26
the lawn of the restaurant. So that does qualify as an
2:24:31
accident. He was not on the travelled
2:24:33
portion of the parking lot or the roadway.
2:24:35
He was on the lawn and that's very concerning.
2:24:39
I have had an opportunity to review the recommendation of Mr.
2:24:42
Frazin and I do believe that it's appropriate, inclusive of
2:24:47
the jail time, given the defendant's history and blood
2:24:51
alcohol level during this particular incident.
2:24:54
There's been Poly substance abuse in the past.
2:24:58
Now we're drinking alcohol to excess and going off the road or
2:25:02
parking lot area. It's a significant danger to
2:25:05
himself and others, and I would ask that the Port followed the
2:25:08
recommendations. Mr. Pappas, what would you like
2:25:17
me to know? I, I think Dan has a pretty well
2:25:23
communicated in the report. He made pretty much put up, put
2:25:30
everything out there for him to know.
2:25:31
So I don't think there's anything else.
2:25:36
Well, there's a couple. Things.
2:25:38
You were on bond on a domestic violence charge at the time that
2:25:42
you got arrested for this. You're placed on bond for
2:25:46
domestic violence on October 5th.
2:25:49
That was a condition of your bond that you're not to drink
2:25:52
any alcohol. So you were in clear violation
2:25:55
of your bond conditions on a domestic violence charge.
2:25:59
You're also not to have any contact with a complaining
2:26:01
witness. But I think you and she may have
2:26:04
seen each other earlier that day.
2:26:06
Did you see her on the day of your arrest?
2:26:08
She was incarcerated at the time.
2:26:11
Well not sure what day she got picked up on 10/18 Mr. Pappas
2:26:19
work from six to four, went home.
2:26:21
His girlfriend had been arrested, was facing a few
2:26:24
felony charges. So where was she in jail?
2:26:28
She was here in Saint Joseph. She was the day the.
2:26:37
The charge? I got for the domestic was that
2:26:42
happened the day that she went to jail.
2:26:45
We got an. Argument I was attacked by our
2:26:46
dog. Went to the hospital.
2:26:48
Yeah, bitch. And they ended up reducing that
2:26:51
to a disturbing the peace. Yes, but that was October 5th.
2:26:56
This one was October 18th. She was.
2:27:00
So she was arrested October 5th and was released, I believe the
2:27:03
22nd. All right, so he didn't have
2:27:08
contact with her. October 18th is a Saturday.
2:27:14
Now I'm a little confused because you were.
2:27:18
Drinking. At home, you went to Applebee's
2:27:22
and had a Long Island Iced tea. Now you got out of work, you
2:27:26
said it 4. So everything happened between
2:27:29
4, the time you got arrested at about 10:00.
2:27:36
So that happened in that six hours you drank a Long Island
2:27:42
Iced tea. We talked about this morning,
2:27:44
people don't drink Long Island Iced teas because they think
2:27:47
they really taste good. They drink them because they
2:27:49
have a lot of alcohol in them. So the problem is you left
2:27:53
Applebee's and then you were headed back to Applebee's.
2:27:58
And so I'm a little confused. Another officer, I wasn't clear
2:28:03
whether it was in his patrol car or his private car.
2:28:10
I can. I.
2:28:11
Can help you there a little bit. I wasn't going back to
2:28:14
Applebee's. I was trying to leave Applebee's
2:28:16
and when I made the turn out of the drive, I turned it back into
2:28:23
the grass over the curb. All right, here's what maybe
2:28:29
that's why I'm misreading it. On this day.
2:28:32
I was travelling westbound on Broadway Street from 1:30 Run.
2:28:36
I observed a blue passenger vehicle failed to stop before
2:28:40
exiting the private drive of Applebee's.
2:28:43
The vehicle made a wide turn onto westbound Broadway St.
2:28:47
without yielding. The vehicle continued turning
2:28:51
left, hopping the curb on the South side of the road and
2:28:54
continued over the sidewalk, then traveled on a small hill
2:28:58
adjacent to Applebee's parking lot, eventually coming to a stop
2:29:02
in the grassy lot just West of Applebee's.
2:29:06
So you actually went out into Broadway and then like did a
2:29:09
loop and then back into, I believe I came out and made a
2:29:16
turn and just kept continuing to turn up over the curb.
2:29:19
Well, Applebee's shouldn't ever let you drive away from.
2:29:23
There. But fortunately you didn't kill
2:29:27
yourself or somebody else. You're a .222.
2:29:32
A little while later, the intoxicators less than that.
2:29:35
Nonetheless, you got this generous plea offer of the
2:29:38
reduction to impaired. You got a lot of baggage on your
2:29:45
driving record and alcohol hits a lot of the same.
2:29:58
Addition reception was heroin. Not initially, I did not.
2:30:15
Yeah, I think when we were speaking about it, but I saw
2:30:19
that it got resolved with the disturbing the peace charge.
2:30:22
It did. I assumed that it the bond issue
2:30:26
had gotten addressed at that, that final plea I was assuming.
2:30:30
No, it didn't. Judge Patterson did it.
2:30:32
I don't think he knew about it. All right, tell me about Boma
2:30:38
Benton, where you work. They're a contractor out of
2:30:42
Portage. And what do they do?
2:30:44
We do metal framing, drywall hanging, drywall finishing,
2:30:48
acoustical ceilings, painting, vinyl hanging.
2:30:52
And Daniel, have we confirmed that he actually works there?
2:30:58
No, I did not confirm that, Your Honor.
2:31:00
I don't usually confirm that until they're actually placed on
2:31:02
probation usually. So are you on a layoff status or
2:31:08
are you actually working on projects?
2:31:10
No, I work every day. He also smoked marijuana and so
2:31:20
a very high percentage, I think of our drunk driving cases also
2:31:24
have THC in their system. We just don't know.
2:31:29
There isn't a good way to test for it, but anecdotally, many
2:31:34
people, if I give you a test today, would it have marijuana
2:31:37
in it? I believe it would.
2:31:40
All right, You have to deal with that.
2:31:41
Also do. You have a medical.
2:31:44
Card. I do, but I believe it's
2:31:47
expired. And as Miss Canfield stated, you
2:31:53
also had a 25 oz can of Budweiser.
2:31:58
That was, of course, it was October, but it was still cold.
2:32:02
Like I said, Applebee's probably should not let you leave.
2:32:09
All right. Daniel.
2:32:10
You have recommended some additional jail.
2:32:14
My inclination was to put him in jail right now for the bond
2:32:17
violation, but I don't want to lose his job.
2:32:24
Anything else you want me to know?
2:32:27
No, but that is one of the reasons why I considered the two
2:32:30
extra days when you put it all together smoking weed.
2:32:35
Well, we should stop a couple weeks ago.
2:32:38
And with the problem with the high B8 or the high THC in the
2:32:41
amount of the stuff kids are smoking or kids I'm so old
2:32:45
people are smoking nowadays, it stays in their system a while.
2:32:48
So I figured we would test them right away and see where he's at
2:32:50
and kind of get to handle it with that that well, it's lawful
2:32:53
for adults to use marijuana for recreational purposes.
2:32:59
But if you're on a bond or probation, generally you.
2:33:02
Can't use it. And I was going to have him
2:33:11
test, start testing like once a week.
2:33:13
For starters. Are you doing any support group
2:33:23
AA or Celebrate or anything? I had my first evaluation at
2:33:28
Pivotal yesterday. I go back.
2:33:31
The 5th of. March for another 1 and I have
2:33:35
not participated in any A a meetings yet.
2:33:40
When you were struggling previously, did you ever do any?
2:33:43
NAII did when I was in county jail.
2:33:48
I spent some time in Porter County Jail, Indiana for quite a
2:33:54
while. That's where I.
2:33:58
Did the CDA program they have? Right now you're just holding
2:34:08
your breath. Your testimony is their
2:34:10
statement. You haven't had anything to
2:34:12
drink since October. Maybe they gave you this because
2:34:16
you got a job. If you.
2:34:18
Got an OUIL? You'd lose your ability to drive
2:34:22
and you couldn't get from Three Rivers to Kalamazoo, where your
2:34:29
work is. Where's your significant other?
2:34:34
She's still in jail or she got she was released.
2:34:37
Did she? Has you been sentenced yet?
2:34:41
Yes. She.
2:34:42
The felonies that she had received were dropped and she
2:34:45
put out to a misdemeanor. All right.
2:34:48
So is she back as part of your life?
2:34:51
Yes. Do you still have the dog?
2:34:58
Yes. All right, Daniel, I'm going to
2:35:07
follow your recommendation. If he blows that, I guess we can
2:35:12
always amend it 24 months, which could be done at the end of 12
2:35:17
months. I'm over 7 days jail credit to
2:35:24
of the seven days, three are deferred.
2:35:27
You owe a couple days for this and for doing this while you're
2:35:33
on a bond with no alcohol of the probation department arranged
2:35:38
that no drugs and no alcohol test as directed the victim
2:35:52
impact panel no police reimbursement.
2:35:58
Like I told the chief you guys keep dropping the ball on that
2:36:03
have do you have one in your financially?
2:36:05
I do not, Your Honor. Substitutes counseling and
2:36:14
treatment as directed. All Right Carries $300 fine, $75
2:36:28
crime victims rights fee, and a $50 state minimum fee, $100
2:36:32
screening fee, $150.00 attorney fee, 960 probation oversight fee
2:36:39
if you do this in a year. It.
2:36:42
Will save you 4, $180. The victim impact time was 32.
2:36:51
I'm going to not do a police reimbursement.
2:36:54
They're going to submit it. I'm not going to stick the
2:36:57
people with it. Even though there was a 300 +
2:37:05
125 and state cost plus $100 screening fee, $150.00 attorney
2:37:12
fee, 960 probation oversight fee, and a $32 victim impact
2:37:19
panel is 1657. There is no bond.
2:37:28
This really is a pretty good plea offer to impaired.
2:37:33
You were very drunk, you were dangerous, you had a very high
2:37:37
blood alcohol level. You've got a lot of criminal
2:37:40
baggage, but this will allow you to keep your job, not to use any
2:37:48
drugs or any alcohol, including marijuana.
2:37:52
We're going to get you at a clean status, and if you can
2:37:55
just keep holding your breath, then you're unrealistic.
2:37:58
You need some support group. Daniel.
2:38:10
Do you want to see him in the breakout room or just have me
2:38:12
send him out to the counter? I will call him or he can call
2:38:16
me when he gets done with the counter.
2:39:06
All right, maybe we'll make this work.
2:39:09
Dan, I want to confirm his employment.
2:39:11
Also make sure I'm not ghosted. We're going to get a test, see
2:39:27
whether what's in your system. They might even do that today,
2:39:30
but Daniel will discuss that you're not going to get bounced
2:39:34
if you come back with. Marijuana.
2:39:35
In your system today, we're going to see what your levels
2:39:39
are and and we'll see where we go from there 62.
2:40:01
All right. If you take him out to the
2:40:02
counter, Mr. Gibson, we've got a question.
2:40:10
I'll be with you in a minute, Casey.
2:40:12
We're set for. Next Wednesday for a jury trial
2:40:16
with Mr. Christopher Pontius. And.
2:40:22
It's a no insurance, an unregistered vehicle.
2:40:27
Prosecutor made a plea off for Mr. Pontius, declined it.
2:40:31
He originally appointed to represent him, but his
2:40:34
representation was he wanted to represent himself somehow.
2:40:40
It was on Judge Patterson. Then it got assigned to me.
2:40:47
I don't believe that your counsel of record in this case.
2:40:52
We sent him some stuff and it came back.
2:40:57
Do you know if he's even on your caseload?
2:41:00
Is he set for, on your calendar for next Wednesday?
2:41:03
Well, I had him on my calendar. I noticed that I think it was
2:41:07
yesterday and I, and so I sent a question to the clerk's office
2:41:11
asking them if I was still, if I could, you know, take that off
2:41:15
of my calendar or whether I was still on that case.
2:41:20
So they said I, that I was no longer on that case.
2:41:23
I believe that's the want to represent himself.
2:41:26
But I did have, I mean, the day still looks open.
2:41:29
Does he? Well, we won't be able to do a
2:41:31
trial that day. And so we were working on the
2:41:35
cases that were there. I don't know whether he even has
2:41:39
notice of it because we sent him some stuff and it came back.
2:41:44
Miss Camfield, your office hasn't had any contact with him.
2:41:47
The last communication I see in the file would have been a
2:41:54
discussion apparently had. On November 6th, and that might
2:41:59
have been when he still had council.
2:42:01
That was the that was the last pretrial.
2:42:08
So I have not. Seen anything since?
2:42:10
At least it's not in the file. Noted.
2:42:16
I could always check to see if I well if we have contact with
2:42:21
him, we need to let him know the case.
2:42:22
Isn't going to go that day. Angelique, have you had?
2:42:26
Any luck on the other two cases that are set for that day?
2:42:29
One is Luke's and 1 is I don't know yet, your honor, because
2:42:35
I've been busy feeling other matters.
2:42:40
Anyway, I sent some e-mail. Either last week or earlier
2:42:42
this. Week and I know Tim was working
2:42:44
on all right if. Anybody knows Mr. Ponty is
2:42:49
telling to contact the court because his case isn't going to
2:42:53
go on March. 4th. All right.
2:42:57
Thank you, Paul. Thank you.
2:43:01
All right. Our next matter is real quick
2:43:04
before we get to the next matter.
2:43:06
We will be. Ending today at the top of the
2:43:09
hour here, we're going to cut it an hour short today.
2:43:12
I told you as missus TCF works through rehab and whatnot,
2:43:17
physical therapy that there are other things that are, you know,
2:43:23
still have to be toned to. So we have to kind of adjust the
2:43:26
schedule around and what not. And today's one of those days.
2:43:28
So an hour short today so we can accommodate her PT plus plus
2:43:33
other things we need to do. Matter was set for sentencing
2:43:36
today. Miss Walton has prepared a
2:43:40
screening report. And Miss Strong, I know you're
2:43:45
on top of this. What would you like us to know?
2:43:48
Thank you, Honor. Miss Horton, I would first like
2:43:50
to thank probation for the report they put together.
2:43:53
Miss Horton is 22 years of age. She does reside out of the.
2:43:56
County, but is more than willing to come back into the county for
2:44:00
any kind of probation. This the facts of this case,
2:44:04
we're not good. And I'm going to say that before
2:44:07
the prosecutor does because miss she may use different, she may
2:44:12
use different terminology, but I think we're in the same
2:44:15
ballpark. But the point is that Miss
2:44:17
Horton understands that. She appeared at the time of the
2:44:21
attorney pretrial and took responsibility.
2:44:24
And took the offer. She has engaged with some a A
2:44:27
classes prior to this. She's been working on a
2:44:31
substance abuse assessment. She's remorseful about what
2:44:34
happened and ready to take responsibility.
2:44:37
I would ask in looking at the recommendation, I see that there
2:44:41
is one day to serve on a weekend.
2:44:43
Miss Horton does have children. So if the court imposes that
2:44:47
consequence, I would ask that it be scheduled and or lumped in
2:44:52
with the deferred days. And I would also ask that one of
2:44:56
the probation goals be that the probation officer helps Miss
2:45:01
Portman achieve her GED. She did not receive her diploma,
2:45:05
and she left at the time of 10th grade.
2:45:13
All right, Miss Campfield. Well, Miss Strong is absolutely
2:45:17
correct that this was a very serious accident and if I may
2:45:21
have the court review some. Photographs that have already
2:45:25
previously been electronically provided to the defense.
2:45:28
And then I did allow them to see this morning.
2:45:30
That's just an oversight of the accident.
2:45:35
And you can see it was a clear dry evening.
2:45:38
She there were some slight Yaw marks indicating that maybe she
2:45:42
did try to break, but she went off across the yard and
2:45:46
thankfully the tree was small enough that she snapped it and
2:45:51
and continued on. Rather than killing herself
2:45:55
crashing into a larger tree, she just missed a huge landscaping
2:46:00
boulder, but then eventually went through another smaller
2:46:04
garden and ended up in their porch.
2:46:06
She did injure herself in the accident.
2:46:09
You can see from the photographs that the airbags also deployed
2:46:13
when she struck at the tree and then subsequently the porch.
2:46:17
So it was very serious with the blood alcohol of a .204.
2:46:23
It's also extremely concerning at her young age and at least
2:46:28
explanation that she's given to probation that she doesn't drink
2:46:31
very often, but every time she does drink, she drinks to excess
2:46:37
and and her intention is to get drunk.
2:46:40
That concerns me and I I disagree with, I mean, maybe the
2:46:48
the members at the A A meetings where she's attended have a more
2:46:52
significant problem with alcohol, but I still believe
2:46:55
that she does if the intention each time of consuming is to
2:47:00
actually get to intoxication. And even more concerning, here
2:47:04
was her response to her employer that, yes, I'll come into work
2:47:09
at that intoxication level. Yeah, she was going to work.
2:47:16
I have a guy in sobriety court, right?
2:47:18
Now he was a mailman. And he was on duty.
2:47:22
As a mail. Carrier with a .2 O blood
2:47:25
alcohol level and we've had some other people that were this just
2:47:29
makes the hair on the back of my neck stand up it does and then
2:47:33
she says I don't really drink very much, but when I do you
2:47:38
drink a lot to get a tolerance to get that drunk and then go to
2:47:43
work Oh my gosh, maybe it's you would have lost your job I think
2:47:47
if you'd shown up that drunk. I, I think the positives here
2:47:52
are that she's, she's recognized it, she's taken responsibility,
2:47:56
she's looking to. Better herself and deal with it.
2:47:59
Although I think there's still some denial as to the
2:48:02
seriousness of the issue with her being employed and having
2:48:07
young children. You know, it's alarming.
2:48:10
I don't know. Hopefully she's not drinking at
2:48:12
home around the children. But in this particular
2:48:16
circumstance, this is one of those cases in which I would
2:48:20
recommend straight up front jail.
2:48:22
I, I, it's hard for me in these circumstances to say that
2:48:26
deferred jail is appropriate because, frankly, when they're
2:48:30
placed on probation, any jails going to be deferred if they
2:48:33
violate. But in this circumstance, with
2:48:37
the severity of the accident, like, thank heavens nobody was
2:48:41
in that yard and no one was on that porch that could have been
2:48:46
killed. Well, let me ask this, Miss
2:48:48
Horton, where did you start this journey in Edwardsburg?
2:48:52
Yes. So you made it all all the way
2:48:54
from. Edwardsburg to there where you
2:48:56
had the crash? Yes.
2:49:00
Were you drinking? On the way.
2:49:05
No, Huh. Which way did you come from
2:49:10
Edwardsburg? I was in Edwardsburg and I came
2:49:14
down 12 OK and Fawn River and. That's OK.
2:49:31
All right, I'll give you a. Chance to tell.
2:49:33
Me more when I hear from the others.
2:49:37
All right, I think, Your Honor. She indicated to the police
2:49:40
officer that she had begun drinking in the afternoon and
2:49:45
had had. Quite a number 5 to 6 full size
2:49:51
drinks, a normal cup size, she said of New Amsterdam vodka
2:49:57
mixed with Doctor Pepper. Well, I think, and then call
2:50:00
that something. I'm not sure what you'd call
2:50:02
that. She referred to them as Twisted
2:50:04
Teas I think. Twisted Teas were.
2:50:08
Also in addition to that. She had smoked marijuana the
2:50:13
night prior. Which was also in her system.
2:50:17
I do note that there. Was a sedative in the system,
2:50:20
but I believe that was administered at the hospital or
2:50:24
in the ambulance on the way to for pain medication prior to the
2:50:28
blood being drawn. So I don't think she partook of
2:50:32
that prior to the accident, but I, I am very concerned about
2:50:38
Polly's substance used here in somebody that young and arising
2:50:42
to this level to result in the severity of the accident that
2:50:45
did occur. She is so lucky that she didn't
2:50:48
hit one of the larger trees in that yard and kill herself.
2:50:52
I mean it, it is very, very serious.
2:50:54
And then her children would be without a mother and.
2:50:59
Her license was. Expired.
2:51:03
There's more going on here. Miss Horton, this is so very.
2:51:10
Self. Destructive this is, You're
2:51:18
punishing yourself. There's some underlying issues
2:51:25
we need to get a handle on, and I don't want you to smoke
2:51:28
marijuana. If you're going to get a medical
2:51:30
marijuana card, I might as well just put you in jail right now.
2:51:34
I'm not going to let you trade alcohol for marijuana.
2:51:39
You're old enough to drink marijuana, to smoke marijuana,
2:51:42
but it's a condition of probation that you not use.
2:51:45
I won't, but it was for my heart condition.
2:51:47
It wasn't. I have a severe, severe heart
2:51:49
condition. It wasn't for.
2:51:50
I would be surprised if your cardiologist.
2:51:53
Prescribes marijuana for your heart condition, maybe?
2:51:58
A marijuana doctor might say it cures migraines ingrained
2:52:02
toenail and heart condition ingrown toenail, but a
2:52:07
cardiologist isn't going to tell you to smoke marijuana as part
2:52:11
of your heart regimen. Maybe it helps you sleep, maybe
2:52:15
otherwise, but you are going to. If you're going to do it, I
2:52:19
might as well just put you in jail.
2:52:20
Get it over with then you can smoke all the recreational or
2:52:25
medical marijuana you want. But we got issues we need to
2:52:33
deal with. As she indicated this was bad.
2:52:40
Now the other guy, he got an impaired, he was got a bunch of
2:52:46
criminal history, but it was his first drinking, driving.
2:52:51
His blood alcohol was close to what yours was and he ended up
2:52:56
on the lawn in front of Applebee's after drinking Long
2:53:00
Island iced teas. He got a sweet deal.
2:53:03
Yours. They stopped at operating while
2:53:06
intoxicated, which I understand because you got this dramatic
2:53:10
accident in these people's front yard.
2:53:13
But this is going to prohibit you from driving.
2:53:17
He got a restricted license. What's that going to do to your
2:53:22
employment? I get drove to work every day.
2:53:25
Somebody takes you to work every day.
2:53:27
Yeah, and somebody drove me here.
2:53:29
I understand. Who drives you to work?
2:53:31
My boyfriend or my job comes and.
2:53:33
Gets me all right. Very.
2:53:35
Good, who watches your? Kids while you're at work.
2:53:39
My grandma, you've also. Got a foot injury?
2:53:44
Tell me about that. I had I in the accident, my
2:53:50
ankle went out of the front of it so.
2:53:53
It went through the skin and I shattered my entire ankles so I
2:53:58
have plates and screws throughout my ankle so I never
2:54:03
walk again the same again and I will have to go through several
2:54:06
different surgeries for it. And.
2:54:09
Because of it it. Has put a.
2:54:11
Strain in my knees so this whole leg doesn't work the same as it
2:54:15
used to. I understand how serious the
2:54:20
accident was. Well, that's a permanent
2:54:24
reminder. Of a temporary feeling you're
2:54:26
going to. Carry that for the rest of your
2:54:29
life. Priscilla is a long time clerk
2:54:33
in probation but new as a probation agent.
2:54:37
And Priscilla, this is going to be a probation.
2:54:42
It's kind of need some supervision.
2:54:44
What else would you like to add, if anything?
2:54:47
I agree with Miss Canfield. This was a very serious
2:54:50
accident. At the time of the screen, I
2:54:53
don't think I was aware as to how severe it was.
2:54:56
Being noted from Miss Horton, she did tell me that she broke
2:54:59
her ankle. After I spoke with Miss Horton
2:55:02
and I reviewed the police report, I saw how severe this
2:55:06
accident really was. Like Miss Canfield said, she
2:55:10
could have, she injured herself, but she could have severely, she
2:55:13
could have injured someone else killed.
2:55:15
It's a. Almost a 40 minute.
2:55:16
Drive from Edwardsburg to her job.
2:55:19
She's very lucky that she did not cause an accident or kill
2:55:23
someone on her way. I mean, she calls an accident to
2:55:25
herself, but she didn't kill someone on the way here.
2:55:29
I do think at least a jail jail a day.
2:55:32
In jail. Is a warranted?
2:55:33
I understand that Miss Horton has kids, but we need to
2:55:38
protect, you know, the people in our society and I know she
2:55:42
learned her. I hope she learned her lesson by
2:55:45
this injury that she attained from this accident.
2:55:48
But I do think some jail is warranted and 24 month probation
2:55:54
for her to watch the victim impact panel as well.
2:55:57
And I agree that Miss Campbell said yes an important stated
2:56:02
that she took some aid courses and the people there may not
2:56:05
believe she she has an issue with alcohol.
2:56:08
But it takes a lot to get to a .2 O four and to think it's OK
2:56:14
to drive to work. Well we need some treatment.
2:56:19
Something is going on for a 22 year old girl to get this drunk
2:56:23
in the middle. Of the day and go to work.
2:56:28
What I find is there's unaddressed trauma, childhood
2:56:32
trauma or otherwise in your background, which is causing you
2:56:36
to drink like this to kill the pain.
2:56:39
And it's a big pink elephant in the room.
2:56:42
And I'm not going to ignore it. It's the main thing we need to
2:56:46
address. I could just give you 16 days in
2:56:49
jail and call it good and you could go out with your life
2:56:52
after that. But there's a reason why you're
2:56:54
doing this. I should also note when I review
2:57:00
the laboratory report for the marijuana that was found as well
2:57:05
the delta. 9 THC level was 17 nanograms per ML, which is not a
2:57:14
metabolite. That's an active cycle effective
2:57:19
substance. I've spoken with the lab
2:57:22
scientists about these particular results, and it
2:57:27
certainly is indicative to me that it wasn't smoked the night
2:57:30
prior as she had indicated. Either way, as I said on our
2:57:37
last case, a high percentage of our drinking driving.
2:57:40
Cases have marijuana also in the picture.
2:57:44
It's lawful, and it's hard to tell if you smoke marijuana.
2:57:48
Three days ago this guy was drinking Long Island iced teas.
2:57:52
It might still show up in the system, but I'm going to do a 24
2:57:56
month probation. I'm going to do 16 days credit 0
2:58:03
giving 16 days to serve of the 1614 are deferred.
2:58:09
You're going to do a whole weekend in jail.
2:58:12
Probation department will arrange that.
2:58:14
You'll have to arrange for child care also.
2:58:17
This is Money away from you and your family $300 fine, $75 crime
2:58:24
victims rights fee and a $50 state minimum fee $150.00 a $100
2:58:30
screening fee, $150.00 attorney fee, 960 probation oversight
2:58:36
fee, and you can do this in a year which would save you 480.
2:58:42
Their Sheriff's Department did request a restitution. 255 and
2:58:50
the victim impact panel. You might someday be a speaker
2:58:55
at the victim impact panel. How you almost killed yourself.
2:59:02
I'm also recommending substance abuse counseling and treatment
2:59:07
either through Cass County Services or ours.
2:59:11
But I want to get a handle on why you're doing this to
2:59:14
yourself. Not to drink any alcohol or use
2:59:17
any controlled substance or attend the victim impact panel.
2:59:21
Your test as directed. If it gave you a test today,
2:59:25
would there be marijuana in it still?
2:59:28
All right, Well, you're going to have to get that to zero.
2:59:31
I'm surprised that your employer doesn't test for that if you're
2:59:35
doing. Home health care.
2:59:36
They don't. You don't have to test for work.
2:59:58
You seem like a nice young woman trying to make your way in the
3:00:01
world. You can save yourself a whole
3:00:05
lot of grief if we could get a handle on this issue now.
3:00:12
How many children do you have? 1-2 ones adopted.
3:00:18
All right, so you have one child that you're responsible for 2/2.
3:00:22
OK. Are the child's parents the dads
3:00:25
involved? No.
3:00:27
So you're a single mom, live with your grandma, You get child
3:00:30
support or anything? No.
3:00:33
All right, you got a. Lot on your young.
3:00:35
Plate. I'm serious.
3:00:49
You could have a whole different course of life.
3:00:52
We get a handle on this now. Otherwise, it's going to be a
3:01:01
long, bumpy ride, all right? And if I put you in jail for 16
3:01:12
days, people almost you should have thrown a book at it, blah,
3:01:15
blah, blah. I don't know what I accomplish.
3:01:20
You lose your job. Do they know about?
3:01:26
This. All right.
3:01:30
Did they do any employee counseling or anything?
3:01:33
No. Now I'm going to guess at some
3:01:46
stuff. You didn't think you were going
3:01:49
to go to work that day, is that correct?
3:01:52
No, it was my day off. So you got drunk because it was
3:01:55
your day off and then they called you up and said, hey, can
3:01:58
you come into work? I.
3:02:00
Had a few friends over. And then I got called and yeah,
3:02:04
and you didn't want to let him down, so you showed up for work
3:02:07
anyway. Yeah, well.
3:02:12
It all caught up with you. You're in Edwardsburg, but you
3:02:22
work over here. I'm not going to transfer your
3:02:25
case to Cass County. They got good people over there,
3:02:28
but so. I.
3:02:30
And I want to stay on top of this myself, so we're going to
3:02:33
do your probation here. All right, you can go with
3:02:47
Priscilla and she will get you started.
3:02:57
All right, friends, that does it for today.
3:02:59
I hope you guys enjoyed the show.
3:03:00
I enjoyed bringing it to you. We'll be back tonight over at In
3:03:04
the Blind. 7:00 PM Eastern, 4:00 PM Pacific.
3:03:06
That's assuming Michael doesn't have something crazy go on at
3:03:11
his appointment, which he's at right now.
3:03:13
But look forward to seeing you there and we'll be back here
3:03:15
tomorrow morning on this channel. 9:00 AM Eastern, 6:00
3:03:18
AM Pacific, 1/2 an hour earlier. If you're a channel member, Go
3:03:21
have yourselves a great Wednesday.
3:03:23
We'll see you soon. Take care, God bless.