Latest / The Courtroom Files / March 19 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #253

Transcript

March 19 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #253 · The Courtroom Files

0:00
Good morning, everybody. Happy Thursday.
0:02
I believe it's Thursday. It's TCF Live.
0:05
It's nice to have you all here. My name is Dan Soul.
0:07
I'll be with you for the next three hours this morning.
0:09
So buckle up. Let's start our day.
0:11
Allegan County, Michigan. This is Jessica Sellis first
0:17
offense. They also requested we set this
0:20
for sentencing at a later date for crime victim rights
0:22
purposes. Mr. Duffield is the parent or
0:27
guardian of Addison here present or has any written impact
0:33
statement been filed? Thank you, Your honor.
0:38
Thank you, your Honor. No, the victim's parent is not
0:43
present. No restitution.
0:45
Was requested either just so the court is aware the defendant had
0:49
been drinking alcohol and it was a factor in this incident.
0:52
But we should be able to proceed the sentencing.
0:55
Thank you. OK, but her her father's name is
0:57
Chris Hair. I have no idea what's going to.
1:02
Be sorry, ma'am, we'll get to you in a second.
1:04
I'm asking if the parent or guardian of the victim is
1:07
present. The prosecutor's office has said
1:09
no, reviewing the court file. The settlement conference did
1:14
not contain any specific sentence recommendations.
1:17
So with that, now miss here, this is your chance to tell me
1:19
anything you'd like to for sentencing on this charge of
1:23
domestic violence. I, I just, I take accountability
1:32
for, for my actions. And I just want you to know that
1:36
I have a really good relationship with my daughter.
1:38
And that's just, it's just, it's a crappy situation, but I'm a
1:45
good person and I'm a good mother and I'm just ready to
1:49
face whatever you've got to give me.
1:54
Miss Graver, on behalf of Miss here for sentencing.
1:57
Thank you, Your Honor, when speaking with Miss here
2:00
regarding this incident. She.
2:02
Has indicated remorse and as she's indicated on the record
2:05
she does take accountability for her actions the police report
2:08
does indicate that alcohol was involved and when speaking with
2:12
miss here it's it's apparent that she understands that
2:17
alcohol can contribute to actions being more severe than
2:24
intended and she is aware that she you know she had.
2:29
Pulled her daughter. 'S hair and that is something
2:31
that she cannot do. There was a quite an argument
2:33
going on between her and her daughter and due to the
2:36
consumption of alcohol I believe that she she reacted in a very
2:41
inappropriate way and I ask that the.
2:44
Court take. This into consideration when
2:47
giving her sentence. Thank you.
2:50
My concern miss here is this is the second time around for you.
2:53
You have a prior domestic violence charge.
2:56
In that case, you were given a first offense deferral by the
2:59
Ellington County Prosecutor's Office.
3:02
Looks like you successfully completed the Domestic Violence
3:05
Diversion program. Were discharged successfully on
3:08
November 14th of 24. This arrest was less than a year
3:14
later for the same thing on November 1st of 25.
3:18
And as the affidavit of facts, the court file indicates, your
3:21
blood alcohol content was twice a legal limit to drive at a .16
3:27
when the police checked you in this case.
3:29
Given those facts on this charge of domestic violence, first
3:33
offense. First of all, as you're probably
3:35
already aware, you're no longer able to own or possess any
3:38
firearms for at least the next eight years because of your
3:42
domestic violence conviction This morning, any possession
3:46
would be a new felony charge. On the charge itself, we'll
3:50
place you on probation for a period of one year.
3:53
That will be with substance abuse and or domestic violence
3:56
counseling as directed by the Probation Department.
3:59
Condition of probation will be the not possessed or consume any
4:03
alcohol, marijuana or legal controlled substances other than
4:08
controlled substances that are prescribed to you by a medical
4:11
professional. They will have the authority to
4:14
check you for that here at the probation department.
4:17
Have you checked by the police at your home or have you
4:20
physically monitored for alcohol consumption at any point while
4:24
on probation? The no contact provision with
4:27
Edison's going to be continued until further order.
4:30
The court that would require a recommendation of your probation
4:35
officer to do so. The charge of domestic violence,
4:39
the fine is $500. Court costs are $300.
4:42
The cost of fees are $125.00. There is a $360.00 oversight fee
4:49
for that term of probation for a total of $1285.
4:55
Court file is showing you released from jail on a $1000
4:58
personal recognizance bond, so all of that is due.
5:02
You will have the entire time on probation to pay that amount on
5:05
a monthly payment plan set up through the probation
5:08
department. Finally, for the reasons as
5:11
stated on the record, I'm going to impose a jail term of seven
5:14
days in the Allegan County Jail, but I'm going to put that out
5:17
subject to review, which means you're not sentenced to the jail
5:21
time today. We're going to leave that out
5:23
subject to review to see how probation goes and hopefully
5:27
that will never have to be utilized.
5:30
As to your probationary sentence, you are not entitled
5:33
to an early discharge as this is an assaultive offense.
5:37
Probation department's going to contact you shortly to set up
5:40
your probation order. What telephone number can they
5:43
reach you at this morning? 616218 Good morning, Good
5:48
morning 374. 5374 OK, you are free to hang out from the court
5:54
proceeding. Be available at the telephone
5:57
number you just gave us. Probation officer will contact
6:00
you at that number shortly. Good luck to you, Miss Meyer.
6:04
Thank you, Miss Graver. Thank you.
6:06
I don't. Know I hang up.
6:14
Hey, Stefan. Can you hear me?
6:27
Yes, I can. Sorry, I Yep, I can.
6:31
Yeah. Hello one second, I have two
6:38
files on Tate John Staffing file 254058SD260454ST on these cases.
6:48
The defendant pled guilty back on the 26th of February.
6:52
At that time, as required, I ordered a substance abuse
6:55
assessment and asked that a criminal and driving history be
6:59
run. I have received from our
7:01
probation department an indication by letter dated March
7:07
18th that they have attempted on numerous occasions to reach the
7:12
defendant to set up his substance abuse assessment.
7:17
However, Mr. Staffan did not answer his phone.
7:20
They indicate his voicemail is not set up so they were not able
7:24
to leave a message. They also indicated they
7:27
contacted his attorney, Miss Graver, attempting to have her
7:31
contact him to have him appear for the assessment.
7:36
As of today, I have no assessment in the court file, so
7:39
we're not able to proceed to sentencing.
7:42
So, Mr. Staffan, we're no better off than we were back in the day
7:46
of your plea. I'm going to refer you again
7:48
right now to our probation department for your substance
7:51
abuse assessment. What telephone number can they
7:55
reach you at this morning? This morning?
7:58
OK, so that's the number that I had given them a while back, but
8:04
I was trying to call them and they didn't answer.
8:06
But it is, no, the probation department always answers your
8:10
telephone, Mr. Stephen. They always answer their
8:12
telephone. So don't tell me they didn't
8:14
answer their phone. What number are you going to be
8:17
at right now? Because I'm sending the file
8:20
down to the probation department right now. 810. 79 the probation
8:33
file is going to get this number in just a minute.
8:35
Since you don't have voicemail set up on your phone, you need
8:38
to answer the phone when they call you at this number.
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If we don't get the substance abuse assessment done, I'm going
8:45
to set up a show cause, which means you're happy to come
8:48
physically into the court to have that done.
8:51
We're trying to avoid that, so be available at the number
8:54
810-241-2579. They will call you at the this
8:59
number shortly. They will also now give you a
9:01
new date and time for sentencing after that substance abuse
9:05
assessment has been completed. OK.
9:08
OK. Sounds good.
9:09
I appreciate it. OK, they will they will be
9:11
calling you shortly. OK.
9:14
Thank you. Amanda Willover, can you hear
9:34
me? Yes, I can hear you.
9:45
This File 253720 SM People versus Amanda Rose Willover.
9:51
She was charged in this case with a misdemeanor charge of
9:54
truancy by the Allegan County Prosecutor's Office.
9:58
At a pretrial conference on January 8th of this year, the
10:02
defendant entered a plea of guilty to that charge.
10:05
At that time they were requesting a delayed sentence
10:11
for a period of 60 days. The indication was the defendant
10:17
will provide the Prosecutor's office a record of her child's
10:21
attendance at school for the six weeks after the plea beginning
10:26
on Monday, January 12th. If any unexcused absences are in
10:31
that six week period, the defendants will be then
10:34
sentenced to the charge of truancy.
10:37
If there are no unexcused absences in that six week
10:40
period, the Prosecutor's office agreed to dismiss the case.
10:44
Mr. Duffield, have you received the proof of that as required by
10:49
her plea agreement? Thank you, your honor.
10:51
I am, I have received it from the school resource officer, not
10:55
from Miss Will over herself. I apologize to defence counsel.
11:00
I just, I'm emailing this to her now, but there are a number of
11:05
unexcused absences post the day that we talked about stretching
11:12
into February and continuing into March.
11:15
The record I have cuts off on March 9th.
11:19
So. So my reading of this is the
11:22
defendant has not upheld her end of the agreement with that Miss
11:27
Willover. We're going to proceed to
11:28
sentencing on the charge of truancy.
11:31
Is there anything else you would like to tell me for sentencing
11:34
this morning? I did send the records to my
11:37
lawyer, I don't know if she has gotten them.
11:42
And yes, there are unexcused avices on there, but there's a
11:46
lot of unexcused tardies in it. It has EU with it as well.
11:52
So. And there's a couple of them
11:55
with skipping class and not signing in, and those were those
12:00
ones. So yeah.
12:07
Miss Graver on behalf of Miss Willover for sentencing.
12:11
I have nothing. Additional, Your Honor.
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The charge of truancy, the fine is $50.
12:18
Court costs are $100. State costs and fees are $125.00
12:23
for a total of $275. We'll put this out for payment
12:28
over the next three months. Sports staff will mail to you a
12:32
judgment of sentence which will indicate everything that I just
12:35
said, that you were sentenced today on the charge of truancy.
12:39
As the plea agreement was not complied with, you received a
12:42
sentence of no jail, no probation, fines and cost of
12:46
$275.00 with up to three full months to take care of those
12:51
fines and costs. So with that, you are free to
12:54
hang up from the court proceeding.
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You'll be expecting that in the mail, OK.
12:57
All right. Thank you.
12:59
Good luck to you, ma'am. Thank you, Miss Greer.
13:01
Thank you. All right, deputies, who we have
13:06
for today, Miss Craver, your last one, Maya Greer is not
13:10
here. OK, I will give her a call and
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have her log on to Zoom. Thank you.
13:15
Good. Morning, Your Honor.
13:27
OK, Aisha Allen. Aisha Allen, can you hear me?
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Yes. This is about 254296 SD people
13:37
versus Asia. Monet Allen here today for
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sentencing in this case. She was originally charged
13:45
through a citation issued by the Allegan County Sheriff's
13:48
Department with a charge of operating while intoxicated.
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She entered a plea of guilty to that charge on the 26th of
13:58
February. At that time, as required, I
14:01
ordered a substance abuse assessment.
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Also asked that a criminal and driving history be run and also
14:08
indicated potentially a restitution amount if there was
14:12
any requested. The substance abuse assessment
14:16
has been completed so we are able to proceed to sentencing
14:20
this morning. Mr. Duffield, has your office
14:24
received any restitution requests from any person or
14:27
entity? Thank you, Your Honor.
14:28
We have been in contact with the homeowner.
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The story in this case is that the defendant went off the road
14:33
and crashed into a front porch. We spoke with the homeowner.
14:37
He believes insurance covered everything so he is not seeking
14:39
restitution in this case. So we are able to proceed.
14:42
Thank you. Case was resolved at the time of
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a pretrial conference on February 26th.
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At that time there was no specific recommendation as to
14:51
sentence. With that, Miss Allen, this is
14:54
your chance to tell me anything you would like to for sentencing
14:57
this morning. Your Honor, other than what I
15:06
just have disclosed with my lawyer and other than that, I
15:13
really just would like to apologize, apologize to the
15:16
court as well as apologize to the victim or as you know, just
15:22
for the situation. I realized the magnitude of my
15:28
actions and I also realized how very blessed I am that it was
15:33
very small and that no one was injured.
15:37
But I, I've taken a lot of precautionary measures since the
15:42
accident just to think more clearly and be more cognizant of
15:51
all of what my actions and who are being affected by my
15:54
actions. So I, I would just like to take
15:58
the time to, to apologize for the misuse of the courses time
16:06
and and and take responsibility for what I've done.
16:11
Miss Fogel, on behalf of Miss Allen for setting this morning,
16:14
thank you, Your Honor. Yes, Miss Allen was going
16:18
through some mental health issues at the time of this
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incident. She had just started taking 2
16:22
new psychiatric medications toward the end of November and
16:27
does believe that it affected her ability to process alcohol.
16:30
She has not drank or driven at all since this incident happened
16:35
and that was of course partly due to a requirement by the
16:40
court. However, she has also told me
16:43
that this was a personal decision as well, that she will
16:46
not be drinking. She feels incredibly guilty
16:50
about what has happened. She and takes has taken full
16:56
responsibility for it. She is very grateful that there
16:59
were no injuries. Additionally, she is a a full
17:03
time student and full time employee right now.
17:06
She started school on February 6th.
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She's working on her Master's degree in Child Developmental
17:13
Psychology, going to school at FMHU.
17:17
She'll be finishing her first term of her master's in the
17:19
middle of April, I believe April 14th.
17:22
She has straight A's right now and anticipates finishing with
17:25
that as well and plans to go on to get her doctorate after she's
17:28
completed her master's program. She's been working full time
17:32
since she was 14 and she has continued working full time as
17:35
she's been going to school full time and getting her education.
17:39
She's been working full time at her current job since June of
17:42
last year, which allows her to get health insurance, dental
17:45
insurance, and tuition reimbursement to allow her to
17:50
attend her master's program. Her biggest goals are to be able
17:53
to keep her job and continue working on her education as well
17:58
as continue working on her mental health, which she has
18:01
been working on extensively since this incident as well and
18:04
is now in the best place it's been in years.
18:08
She takes full responsibility for what happened and is very
18:13
grateful there are no injuries in this matter.
18:16
We would request fines and costs only.
18:21
Michelle, reviewing your materials here for purposes of
18:24
sentencing, do not see any prior drinking and driving offenses.
18:28
Your blood alcohol level was nearly three times the legal
18:32
limit at a .21. You live up in Granville.
18:37
You were here in Allegan County driving around with the .21.
18:41
I have no idea where you were or where you were coming from or
18:45
where you were going. Obviously you didn't make it out
18:47
of Allegan County. You crashed into a house.
18:51
And at this point, it looks like you're not driving because you
18:54
refuse to take a breath test and you have a one year hard
18:58
suspension for the Michigan Secretary of State's office for
19:02
refusing to take that breath test.
19:04
I'm guessing because of that they drew your blood and found
19:08
that you were at the .21. So my concern is, again, you're
19:13
from out county. You're driving around at nearly
19:15
three times the legal limit and were unable to drive
19:19
successfully, crashing into a immovable object like a house,
19:24
which means at that point you were obviously a public safety
19:28
risk because of your consumption of alcohol and then attempting
19:32
to drive a motor vehicle. On this charge, we'll place you
19:35
on probation for a period of six months.
19:38
That will be with substance abuse counseling as directed by
19:41
the probation department. Condition of probation will be
19:44
that you not possess or consume any alcohol, marijuana or
19:48
illegal controlled substances other than those prescribed to
19:50
you by a medical professional. They will have the authority to
19:54
check you for that here at the probation department.
19:57
Have you checked for the police at your home?
20:00
And because of your extremely high blood alcohol level in this
20:03
case. I'm going to order physical
20:06
monitoring for the 1st 30 days of your probationary period
20:09
utilizing either the SCRAM or Soberlink methods at the
20:12
discretion of the probation department.
20:15
Again, your driver's license is gone both because of the fact
20:19
that you refuse to take a breath test and because of your
20:23
conviction for operating while intoxicated.
20:27
So a specific condition of your probation is a not operate a
20:30
motor vehicle unless you become licensed to do so by the
20:34
Secretary of State's office, which unless the Circuit Court
20:37
overrides that will not happen during the course of your
20:40
probationary sentence. So getting caught driving for
20:44
any reason would be a violation of your probation On this charge
20:48
will also require completion of a victim impact panel.
20:52
The charge of operating while intoxicated.
20:54
The fine is $500.00 for cost $400.00.
20:57
State costs and fees are $125.00.
21:01
There is a $180 oversight fee for that term of probation and a
21:05
$100 fee for the substance abuse assessment for a total of $1305.
21:12
Court file shows you released in the Elegant County Jail on a
21:16
$500 personal recognizance bond. So all of that is due, but you
21:21
will have the entire time on probation to pay that amount on
21:25
a monthly payment plan set up through the probation
21:28
department. Finally, as to your probationary
21:31
sentence required to advise you that you were eligible to be
21:34
discharged at the halfway point if you have completed all the
21:38
terms and conditions of your probationary sentence at that
21:41
time. So in your case probation could
21:44
be concluded and as soon as three months be setting the file
21:48
down to our probation department, they're going to
21:50
contact you this morning to set up your probation order.
21:54
What telephone number can they reach you at today?
21:57
616. OK, With that, you are free to
22:07
hang out from the corporate sitting, but be available the
22:10
telephone number you just gave us, you're receiving a telephone
22:13
call at that number from our probation department.
22:16
Good luck to you, Miss Allen. Thank you, Miss Graver.
22:19
Thank you. I'm sorry, I misspoke.
22:23
Thank you, Your honor. Jason Sterner, can you hear me?
22:34
Yeah, I can hear you. This file 244674 SD People
22:55
versus Jason Charles Sterner here today for sentencing on the
23:01
26th of February and at a plea of guilty to the charge of
23:08
operating while intoxicated at that time the prosecutor's
23:11
office dismissed an additional charge of driving while his
23:14
license was suspended at that time as recorded I ordered a
23:19
substance abuse assessment asked the criminal and driving history
23:22
be run. Both of those have been
23:24
completed, so we are able to proceed to sentencing.
23:29
At this time, the prosecutor's office, in the written pretrial
23:34
statement, agreed to make no recommendation as to what Mr.
23:38
Sterner's sentence should be. So with that, Mister Sterner,
23:41
this is your chance to tell me anything you would like to do
23:43
for your sentencing this morning.
23:47
Your Honor, I don't really have too much to say.
23:51
I just want to say. That you know, I've come a long
23:53
way from where I originally was at in life.
23:57
I've got a full time job. I've got a seasonal landscaping
24:01
business that I do during, you know, the spring and the summer.
24:05
I've got two kids. I've been working from 5:00 to
24:07
5:00. I've been doing a lot better
24:10
than what I was doing in the past.
24:14
And I just hope you could take that into consideration that I
24:17
am, that I am really praying and that I have been doing much,
24:20
much better than what I was. That's all I've got to say, Your
24:25
Honor. Miss Vogel, on behalf of Senator
24:29
Mr. Sterner for sentencing this morning.
24:31
Thank you, Your Honor. Yes, at the time of this
24:34
incident, Mr. Sterner was very young.
24:39
He made a huge mistake. He was getting involved with the
24:43
wrong crowd. And since this incident, he has
24:46
stopped going to parties, stopped hanging out with that
24:48
crowd, spending time with them. He's gotten sober and has been
24:52
sober for over a year. He goes to recovery meetings
24:55
every week at a church in Lawton.
24:57
He's also been working full time and has started his own small
25:02
landscaping company. He currently has a full time job
25:05
at Alternative Fuel Technologies and I actually had a statement
25:09
from his supervisor who wanted me to tell the court that he's
25:12
been doing a phenomenal job at work and they're so glad they
25:14
hired him. Additionally, he had one
25:19
daughter at the time. Since then though, he has gotten
25:22
engaged, his fiance have had a second daughter.
25:25
He's very committed to his family, he's committed to his
25:27
sobriety and he's committed to his work.
25:30
As Mr. Sterner said, he's come a long way from where he was when
25:33
this incident occurred. But and additionally, your
25:36
Honor, operating while intoxicated is not considered a
25:39
serious misdemeanor under MCL 780.811.
25:42
There is a presumption under MCL 769.5 of non jail and non
25:47
probation sentence and we would be requesting fines and costs
25:50
only in this matter. Thank you, your honor.
25:53
So starter, you've been on bench warrant status since January of
25:57
25 S for about what, 14-15 months now?
26:01
When I sentence people on those situations, I have to go back
26:07
and do what I would have done had you been sentenced when you
26:10
were supposed to. Otherwise it'd be rewarding
26:12
people for jumping bond and skipping court.
26:15
So I am going to do the same as I would have you been sentenced
26:18
back from the time of your original incident.
26:21
Reviewing the materials for sentencing today, you have a
26:23
prior conviction for being a minor in possession of alcohol
26:26
in 2022 out of the Van Buren County District Court.
26:32
You then two years later had a conviction also in the Van Buren
26:36
County District Court for being a minor operating a motor
26:41
vehicle with any blood alcohol content and that was a incident
26:48
date of October 19th of 2024. This charge here in Allegan
26:56
County occurred about 3 weeks later.
26:59
You were arrested here on November 9th of 24.
27:04
I'm guessing while that case in Van Buren would have still been
27:07
pending and at the date and time of this incident you weren't
27:12
even legal to drive. Your driver's license was
27:14
suspended. So you had a case in Van Buren,
27:18
you had a case here and you were given APR bond and jump bond and
27:24
benchmark was issued for your arrest in January of 25.
27:30
How are you eventually arrested on your benchmark?
27:32
I'm. Sorry, your Honor.
27:35
How are you eventually arrested on the bench warrant?
27:41
I had a couple people living in my house and they had an
27:44
accidental discharge while I was at work and some Van Buren
27:50
County sheriff's deputy. What's an accidental discharge?
27:54
He was cleaning his firearm and he didn't know there was a round
27:57
in the chamber and he got off OK.
28:01
OK, so the police were called for that.
28:03
Yep. And then I was called to come
28:05
back since I was the primary home owner.
28:08
So I had left work and I went back that day.
28:11
Originally they were just going to let me go back to work until
28:13
they found out that I've had an outstanding warrant.
28:16
OK, well you answered my question.
28:18
You never turned yourself in. The police found you.
28:20
OK so in any event, at this point, again, this is the third
28:26
time you've been to court for an alcohol related offense.
28:29
One for being a minor in possession of alcohol, 2 for
28:32
then drinking after consuming alcohol.
28:35
Blood alcohol in this case was a .11.
28:38
So given those facts, I do believe that I am going to
28:43
overcome the presumption of a first offense, which would be
28:47
for no jail or no probation. And again, we'll do what I would
28:52
have done had you been in court back in 25.
28:55
And in this case, given this is a repeat offense because of your
28:59
prior conviction for operating as a minor with the blood
29:02
alcohol content out of Van Buren County, we'll place you on
29:07
probation for a period of 12 months and that will be with
29:10
substance abuse counseling as directed by the probation
29:14
department. Standard condition of probation.
29:16
This chart is he not possessed or consume any alcohol,
29:20
marijuana or illegal controlled substances other than those
29:23
prescribed to you by a medical professional.
29:27
They will have the authority to check you for that here at the
29:30
probation department. Have you checked with the police
29:33
at your home or have you physically monitored for alcohol
29:36
consumption at any point while on probation on this charge will
29:41
also require completion of a victim impact panel.
29:45
Your driver's license again is going to be impacted here
29:49
because of your plea. So a specific condition of
29:53
probation is that you not operate a motor vehicle until
29:57
license to do so by the Michigan Secretary of State's office.
30:01
The charge of operating while intoxicated, the finest $500.
30:05
Court costs are $400.00. State costs and fees are
30:08
$125.00. There is a $360.00 oversight fee
30:13
for that term of probation and a $100 fee for the substance abuse
30:17
assessment that was done for the court for a total of $1560.
30:23
Court file shows on the bench warrant he posted a $3500 surety
30:40
bond. So all of that is due.
30:42
You will have the entire time on probation to pay those fines,
30:45
costs and fees on a monthly payment plan set up through the
30:49
probation department. As to your probationary
30:53
sentence, required to advise you that you're eligible to be
30:56
discharged at the halfway point if all the terms and conditions
31:00
of your probationary sentence have been completed at that
31:03
time. So in your case, probation could
31:06
be completed and all soon as six months.
31:10
Our probation department will get this file shortly and will
31:13
call you to set up your probation order over the
31:15
telephone. What telephone number can they
31:18
reach you at today, Sir? You are free to hang up from the
31:30
court proceeding, but be available at the telephone
31:32
number you just gave us. You're receiving a telephone
31:35
call at that number from our probation department.
31:38
Good luck to you, Mr. Sterner. Thank you, Miss Vogel.
31:41
Thank you once again. Good morning, everybody.
31:45
TCF live on a Thursday. My name is Dan.
31:48
Good to have you here. And I'm happy to report that we
31:52
know whether or not the rounds in our weapons in the bunker.
31:56
Here are chambered. We're what they call responsible
32:00
anyways, let's let's go to Ohio. We have courts starting to come
32:06
online now, but let's let's pay a visit to Judge F word.
32:11
See how that goes. As well as pleading to count to
32:17
disrupting public services, a felony of the 4th degree in
32:20
violation of Revised Code 29 O 9 point O 4A3AS indicted.
32:26
It is also the State's understanding that today the
32:28
defendant will be pleading guilty by way of information in
32:31
case 26 CR 348 to count 1, which is attempted failure to notify
32:37
sheriff of residents or temporary domicile, a felony of
32:41
the 5th degree in violation of Revised Code 2923, point O2 and
32:46
2950.04 E, and there is no agreement as to sentencing.
32:51
All right, Mr. Johnson, thank you, Your Honor.
32:55
That is an accurate resuscitation.
32:57
Of the plea agreement. All right, Mr. Bettinger, how
33:01
old are you, 46? How far did you go through
33:05
school? Senior.
33:09
Are you AUS citizen? Yes.
33:11
Are you able to read, write and understand the English language?
33:14
Yes. Prior to coming to court, have
33:16
you taken any drugs or alcohol or any prescription medication
33:19
within the last 48 hours? No.
33:22
Have you ever been diagnosed with or treated for any mental
33:24
illness? No.
33:27
All right. In case 26, zero 53, did you get
33:33
a copy of that indictment? Yes.
33:39
It's my understanding you're going to plead guilty to the
33:42
lesser included offense in count 1, Domestic violence, a felony 4
33:48
and then count 2, disrupting public service, a felony 5.
33:51
Is that your understand or is that a four or A5?
33:54
To disrupt. A4.
33:55
Year. 4 so 2 felonies of the 4th degree is that your
33:59
understanding? Yes, all right.
34:02
And in case 26, 348, you're going to plead waive your right
34:12
to a grand jury and plead guilty to the failure to attempted
34:22
failure to notify the sheriff of the residents or temporary
34:26
domicile A felony 5 Is that your understanding?
34:29
Yes. All right.
34:32
Now, do you understand that in the 348 case, you have a right
34:35
to have the case presented to the grand jury for them to
34:38
decide whether or not to indict you?
34:40
Yes. Did you discuss that right with
34:42
your attorney? Yes.
34:44
And are you going to waive that right?
34:45
Yes. All right.
34:46
Haven't signed that Mister Johnson the waiver.
35:14
Your Honor, I've witnessed Mr. Johnson and the defendant.
35:16
Signed the waiver of. Indictment and I attended.
35:21
Myself, all right, I'll accept the waiver of indictment.
35:23
Now, before I accept your guilty plea on both these cases, I need
35:26
to determine that you know and understand the constitutional
35:28
rights you'll be waiving, the consequences of your guilty plea
35:32
and the maximum penalty I could give you.
35:34
And I need to be satisfied that you're guilty pleas being made
35:37
freely, knowingly and voluntarily.
35:40
I'm going to ask you some questions.
35:41
If you don't understand the question, then stop me and let
35:43
me know that. If you want to talk to Mr.
35:46
Johnson some more, let me know that and I'll give you more
35:48
time. You understand that?
35:50
Yes, you have a constitutional right to have a trial either to
35:53
me, to a jury of 12 Lake County citizens, do you understand
35:57
that, right? Yes.
35:58
Are you waving that right? Yes.
36:00
If you go to a jury trial, all 12 members must agree to a
36:04
guilty verdict before you can be found guilty.
36:06
Do you understand that, right? Yes.
36:08
Are you waving that right? Yes.
36:10
If you go to trial, the prosecutor will call witnesses
36:12
to testify against you. Do you understand the prosecutor
36:15
must prove you guilty beyond a reasonable doubt at a trial?
36:18
Yes. After the witnesses are done
36:20
testifying for the prosecutor, then you have the constitutional
36:23
right to have your lawyer cross examine those witnesses.
36:25
Do you understand that right? Yes.
36:27
Are you waving that right? Yes.
36:30
If you go to trial, you have the right to have witnesses come and
36:32
testify for you. Do you understand that, right?
36:35
Yes. Are you waving that right?
36:36
Yes. If those witnesses refuse to
36:38
come to court, I'll issue a, an order called a subpoena to make
36:42
them come and testify. Do you understand that?
36:44
Right? Yes.
36:45
Are you waving that right? Yes, You have the right to
36:48
testify a trial if you want to. Do you understand that right?
36:51
Yes. Are you waiving that right?
36:54
Yes. You have the constitutional
36:55
right to not testify a trial if you do not want to.
36:58
Do you understand that right? Yes.
36:59
Are you waiving that right? Yes.
37:01
If you decide not to testify a trial, nobody is permitted to
37:04
comment on that decision. Do you understand that?
37:07
Yes. If you go to trial and you're
37:10
found guilty, you have the right to appeal the guilty finding.
37:12
Do you understand that right? Are you waiving that right?
37:16
If you file an. Appeal.
37:17
You have a constitutional right to have a lawyer represent you
37:19
in the appeal. Do you understand that right?
37:22
Are you waiving that right? If you could not afford to hire
37:25
a lawyer, one would be provided at no cost to you.
37:28
Do you understand that if you file an appeal, you're entitled
37:31
to have a transcript of all the hearings in this case?
37:34
Do you understand that right? Are you waiving that right?
37:37
If you could not afford a copy of those transcripts, they'd be
37:40
given to you at no cost. Do you understand that if you
37:43
plead guilty today, you will not have the right to appeal the
37:46
guilty finding? Do you understand that?
37:48
Do you have any questions about any of these rights?
37:51
No, I do not. You still want to plead guilty
37:53
on both these cases. Yes.
37:55
Do you understand by pleading guilty you're fully admitting
37:58
you're guilt to the charges? Yes, you understand by pleading
38:01
guilty to these felonies you're voluntarily giving up your
38:04
freedom for whatever period of time I could send you to prison,
38:07
to jail or to community control. Yes.
38:11
In the 53 case, the lesser included offense of domestic
38:17
violence in Count 1 is a felony. 4 carries an 18 month maximum
38:21
prison sentence and a $5000 maximum fine.
38:24
Do you understand that? Yes.
38:26
And count 2, disrupting public service.
38:29
It's also a felony 4 with an 18 month maximum prison sentence
38:32
and a $5000 maximum fine. Do you understand that?
38:35
Yes, I could give you a consecutive sentence on that
38:38
case. That means one sentence after
38:40
another for the separate offenses.
38:41
If I did that, the maximum prison sentence on that case
38:45
would be 36 months of the maximum fine, $10,000.
38:48
Do you understand that? Yes, the 348 case, failure to
38:55
notify as a felony 5 it carries a 12 month maximum prison
38:59
sentence and a $2500 maximum fine.
39:01
Do you understand that? Yes.
39:03
Now, if I made the sentences consecutive, not only count to
39:09
count in the 53 case, but one case to the to the next and you
39:15
face a maximum prison sentence of 48 months and a maximum fine
39:19
of $12,500. Do you understand that?
39:22
Yes. Any question about the
39:23
penalties? No.
39:25
All right. Are you presently on post
39:26
release control to the Parole Authority?
39:29
No. Do you understand that your
39:32
felony conviction prevents you from owning or possessing A
39:35
firearm? Yes.
39:37
You understand that if a prison term is imposed in this case,
39:40
you might have to serve a period of post release control as part
39:43
of your sentence for up to two years under the parole
39:45
authority, Yes, If you are placed on post release control
39:48
and violate any conditions of parole authority could send you
39:51
back to prison for up to nine months for each of your
39:53
violations. Up to 1/2 of my sentence.
39:56
Do you understand that? Yes.
39:58
If that violation of post release control is a new felony,
40:01
then you could get an additional consecutive prison sentence for
40:03
their violation. Do you understand that?
40:05
Yes. If that were to occur, the
40:07
maximum prison sentence for the violation will be the greater of
40:11
12 months or the time left under post release control.
40:14
Do you understand that? Yes.
40:16
Do you understand that if a prison term is imposed, you are
40:19
eligible for judicial release? Yes.
40:22
On these cases, I could put you on community control for up to
40:24
five years, but if you violated the conditions I could send you
40:27
to prison for 48 months. Do you understand that?
40:30
Yes. Has anybody promised you that I
40:33
would be lenient on you just because you're pleading guilty
40:35
today? No.
40:37
Has anybody promised you what I will sentence you to in this
40:39
case? No.
40:40
Do you understand I do not have to follow the sentencing
40:42
recommendation of either the prosecutor?
40:44
Or your lawyer. Yes.
40:46
Have you had enough time to talk to Mr. Johnson before pleading
40:49
guilty today? Yes.
40:51
Has he discussed everything about your case and answered all
40:53
of your questions? Yes.
40:55
Are you satisfied with the advice he has given you?
40:57
Yes. Have you been threatened or
40:59
coerced in any way to plead guilty today?
41:01
No. Are you freely, knowingly and
41:03
voluntarily entering your guilty plea?
41:05
Yes. Do you have any questions at
41:07
this point? No all.
41:09
Right, Miss Gold, If the 2653 case went to trial, what would
41:13
the evidence show? Thank you your.
41:16
Honor. The facts would show that on
41:17
January 6th, 2020, sixth in Willoughby, Lake County, Ohio,
41:22
the defendant struck Heather Conyers in the face with his
41:25
hand, causing physical harm. She it was a household member.
41:32
At that time. The defendant had been
41:33
previously convicted of domestic violence in the Painesville
41:36
Municipal Court, case number CRB Seven O 1, dated June 29th,
41:41
2000. When Miss Conyers tried to call
41:44
911 to call the police to report what had just happened, the
41:49
defendant took her phone and threw it to the ground, breaking
41:53
it, which impeded her ability to call emergency services.
41:59
All right, Mr. Johnson, anything to add to those facts?
42:03
No, Jana. Mr. Bettinger, did you hear what
42:05
Miss Gold said, that the facts would show if that case went to
42:08
trial? Yes.
42:10
Are those facts true? Yes.
42:13
What is your plea to the lesser included offense and count 1
42:17
domestic violence, a felony of the 4th degree?
42:19
Guilty. What is your plea to count to
42:21
disrupting public service a felony of the 4th degree?
42:24
Guilty. Miss Gold.
42:26
If 348 went to travel with the evidence show, the facts would
42:32
show that between July 1st, 2025, and January 6th, 2020.
42:38
Sixth, in Lake County, Ohio, the defendant knowingly and with
42:42
sufficient culpability for Commission of the offensive,
42:45
failure to notify engaged in conduct that would constitute
42:48
that offense being that the defendant was residing in Lake
42:52
County, Ohio, without personally going to the sheriff as required
42:57
under Revised Code 2950.04 and registering with that sheriff
43:03
his intent to reside in Lake County.
43:06
All right. Mr. Johnson, anything those
43:10
next. Mr. Bettinger, did you hear what
43:13
Miss Gold said the facts would show if that case went to trial?
43:17
Yes. And are those facts true?
43:20
Yes. All right.
43:21
What is your plea to the failure to register a felony of the 5th
43:24
degree? I'm.
43:25
Guilty. This is for Yeah, this is for
43:59
the first case. Take that nose.
44:14
What the other day is nothing OK.
45:06
Right am right there date. Your Honor, I've.
45:50
Witnessed Mr. Johnson and the defendant signed the written
45:52
plea of guilty for both cases. All right, Mr. Bettinger on keys
46:03
26053 on this written plea of guilty, is that your signature?
46:09
Yes. Did you sign it voluntarily?
46:11
Yes. And do you want me to?
46:12
Accept your written plea of guilty.
46:14
Yes, accept the written plea of guilty on 26.
46:21
Wait a minute, I've got I've got zero 53 twice here.
46:41
I need the 348 he he signed 53 twice, so I need the disruptor,
46:49
the fair to register. OK.
47:33
All right. On 348.
47:35
Mr. Bettinger, is this your signature on the written plea of
47:38
guilty? And did you sign that
47:40
voluntarily? Do you want me to accept that
47:43
written? Plea of guilty I'll.
47:45
Accept the written plea of guilty.
47:46
Defendant was president Mr. Johnson advised of all of his
47:49
rights when the knowing intelligent voluntary waiver.
47:52
He understands the nature of the charge of consequence of his
47:54
guilty plea in the maximum penalty.
47:56
Find it to be knowing, intelligent, voluntary.
47:59
On three. On 53, I will accept his plea of
48:04
guilty and find him guilty of the lesser included offense in
48:08
Count 1, Domestic Violence Felony 4 and then Count 2,
48:11
Disrupting Public Service Felony 4.
48:14
On 26348 I will accept his written plea of guilty and find
48:19
him guilty of failure to notify the Sheriff of residents for
48:23
temporary domicile, A Felony. 5 I'm going to refer this to the
48:28
probation department for presets report, drug and alcohol
48:30
evaluation, victim impact statement.
48:33
Sentencing will be on on both cases April 30 at 1:30.
48:38
On 05/3 I'm going to revoke that bond and on 348 I'm not going to
48:43
set a bond. Anything further in this gold?
48:46
Nothing from the. State you're on Mr. Johnson,
48:49
nothing further on. All right, we're adjourned.
48:51
All right, once again, good morning everybody.
48:56
TCF live. It's Thursday or Monday 4.
49:00
I suppose to hang on your perspective.
49:03
Let's a few different places we could go.
49:06
Actually the courts are starting to really pop now, but let's go,
49:12
let's go down to Florida. Wade Mercer for Brian Minchon.
49:19
Thank you. Can you see and hear all of us,
49:20
Corporal? Yes, I can.
49:22
Perfect. Let's go ahead and take Mr.
49:24
Graham's case first. Mr. Mitchon also has friends or
49:27
family in the courtroom. Mr. Graham?
49:34
Yep. Mr. Mitchon.
49:37
Good morning, Mr. Mitchon. As you heard, your attorney, Mr.
49:39
Graham, is present. Hold on.
49:42
You said Mr. Graham. I'm sorry.
49:44
I'm confused. Mr. Waylon Graham is the
49:46
attorney. Mr. Minchon is the defendant.
49:48
I'm sorry, I wasn't clear. We have a defendant named Mr.
49:52
Graham. We'll do him in just a moment.
49:53
So, Mr. Mr. Minchon, Mr. Brian Minchon, your mother, your
49:57
father, your cousin and your sister all in the courtroom.
50:00
Mr. Waylon Graham's representing you this morning.
50:02
You're accused of one kind of sexual battery on a person less
50:04
than 16 years of age. I read the complaint.
50:06
There is probable cause in the complaint.
50:09
Mr. Minchon, I believe you have little or no prior criminal
50:13
history. I think no prior criminal
50:15
history is what I saw this morning.
50:16
So I'm going to listen to Mr. Graham, I'm going to listen to
50:18
the State, and then we're going to set your bond or release
50:21
conditions. Mr. Graham, Anything on behalf
50:23
of Mr. Minchon, Sir. Yes, Sir.
50:25
There's several things you need to know.
50:26
This investigation had gone on for, I don't know, maybe a
50:29
couple of weeks, Your Honor. During that period of time, we
50:32
were fully aware of the investigation and I talked to
50:35
the case agent several times. During that period of time, we
50:38
made arrangements for Mr. Manchon to voluntarily surrender
50:41
should they develop sufficient probable cause.
50:44
During that period of time, Mr. Manchon made no effort at all to
50:47
flee the jurisdiction. He stayed in touch with me
50:49
nonstop and when I got a call from the investigator that they
50:54
had to sign warrant, we made arrangements for him to
50:56
voluntarily surrender last night at 8:00 PM and his mother took
51:00
him up there. A few things you need to know.
51:03
To my knowledge, he has no prior criminal record.
51:05
His mom and dad grew up in Jackson County.
51:09
His grandparents were born and raised in Jackson County, and
51:12
then his great grandparents were in Jackson County.
51:15
His mother works for Homeland Security.
51:18
This young man is not a flat risk.
51:20
He has extremely strong ties to the community going back 3
51:24
generations and judge. The other thing that I just want
51:26
to touch on, this is not a case of some type of pervert hiding
51:31
in a park to molest a little bitty girl.
51:34
Mr. Minchon is a teenager. He had a consensual interaction
51:37
with another teenager and here we are.
51:41
Judge, can I add something if Mr. Graham don't mind?
51:43
Also, just to let you court be aware, he's a senior at Mariana
51:46
High School as well. Thank you, Mr. Graham And I, in
51:50
reading the complaint, I think I'm probably the judge that
51:51
signed the warrant. And I don't disagree with
51:53
anything you said. It was a consensual act.
51:56
But under Florida law, the the alleged victim was of such a
51:59
young age, they can't legally consent.
52:01
Although actually that may be a a a factor at some point.
52:05
Mr. Mitchell, anything on behalf of the state, I guess the only
52:08
thing that we can add to that is that is a condition of his bond.
52:11
We add the standard that usually comes with this, which is no
52:14
unsupervised contact with minors.
52:17
The problem is his age and he's in student status.
52:19
So we have to figure out a way to do that.
52:21
I think you could add the condition outside of school.
52:25
The the problem with that is if he plays a sport or goes to
52:28
sporting events or even the prom, you know, or homecoming,
52:31
that's that's an issue. My my preference would obviously
52:34
there's going to be a condition no contact with the alleged
52:35
victim. Are there other conditions other
52:37
than that person that, and I'm not I'm not deaf to your
52:43
request. We need to keep him away from
52:45
any minors in a in a car, you know, So how do we do that?
52:50
But at the same time, you know, give him some flexibility to to
52:54
attend normal high school events as long as they're safe.
52:57
Just a second. You don't have to say anything
52:58
because you got an attorney, you got a very good attorney.
53:00
Let the attorney speak and he'll he'll say anything he needs to
53:02
say. Mr. Mitchell, any other ways we
53:04
may be able to craft that? And we'll see what Mr. Graham's
53:06
suggestions are. I think given this situation,
53:09
and also I believe Mr. Graham's probably going to emphasize that
53:13
with this defendant about the dangers of the charge that he's
53:17
faced, and we we're fine with just no contact.
53:20
With the victim. So let's talk about bond.
53:22
I can't give a condition release on the 1st degree of felony, but
53:25
I also I'm aware of the, the, the allegations, Mr. Graham that
53:29
you pointed out. So it's not your typical charge
53:32
of sexual battery. It's a very atypical charge.
53:35
So Mr. Graham, the first question is, I have and I do
53:40
fairly commonly set a cash bond, but only if both sides agree and
53:43
you're aware of the statute as well as I am that kind of
53:46
prohibits that. But if both sides agree, I don't
53:48
have a problem doing that. Is your client's preference a
53:50
cash bond or a surety bond? Knowing that I would normally do
53:54
is I would set the 10% they would pay a bondsman as the cash
53:57
bond if I'm going to set a cash bomb.
53:59
Mr. Graham, have you had a chance to talk to your client
54:01
about that possibility? What what I would like to do,
54:03
Judge, if I'm understanding you right, you, when you do it a
54:06
certain way, they can pay the 10% to to your destiny at the
54:12
courthouse. And then when the case is over,
54:14
they get that back? Sort of.
54:16
They I just had a cash bond. They pay it to the jail like a
54:18
normal cash bond. And if the case is dismissed,
54:21
it's returned. If the case is not dismissed,
54:23
and I'm talking to the family, Mr. Graham, if the case is not
54:26
dismissed and then the Florida law, if there are fines and
54:28
court costs to pay owed, it goes towards fines and court costs
54:31
and the balance is then returned to whoever posted the cash bond.
54:35
OK. I like the way, I like the way
54:39
you normally do it, Judge. Mr. Mitchell, what are your
54:43
thoughts on the cash bond? First of all, I know there's no
54:48
restitution owed and normally I really like that was restitution
54:51
owed. But it's a person with no prior
54:53
charges here, so I don't know if you could consider it
54:55
restitution, but there was like a sexual assault kit that was
54:58
done. There may be costs that come
55:00
about that, I don't know for certain.
55:02
But as it pertains to the cash bond, I have no objection to it.
55:06
Given the seriousness of the charge as well as the points
55:09
that Mister Graham has point out in favor of Mr. mentioned,
55:11
what's the state suggested bond in this case?
55:13
I know I normally don't ask, but in this case, this is not your
55:16
typical first degree felony. Yeah, this it still is a first
55:21
degree felony, but we could probably treat it as maybe a
55:23
second degree felony bond type bond purpose or?
55:27
Thank you, Mr. Graham. Any suggestion bond.
55:29
Any suggested bond request, Sir? Well, Judge, it is low as
55:33
possible, but within reason. The family is not wealthy and
55:40
they're just not wealthy honor. They're just good hard working
55:43
folks. So reasonable.
55:46
But be as gentle as you can judge.
55:48
What I'm going to do is I'm going to set a $3500 cash only
55:51
bond. That's the equivalent of a
55:53
$35,000 surety bond. So it's $3500 cash.
55:56
So what that means to the family, you post $3500 cash, the
56:00
jail will send it to the clerk. The clerk holds it.
56:02
If the case against him is dismissed, that money's returned
56:04
to whoever posted it if it's not dismissed.
56:06
I've already explained the process, but normally this
56:10
charge with without little different facts is $100,000 bond
56:14
in Jackson County most of the time.
56:16
So be aware of that. So as soon as that cash bond is
56:18
posted, there's going to be a condition.
56:20
No contact with alleged victim Mr. I.
56:25
Don't know the curfew is really appropriate with this kind of
56:27
case. Although this supposedly
56:28
happened late at night. I'm considering a curfew to the
56:31
family. Well, is there a, is there a
56:33
curfew that might keep him? I just want to keep him on the
56:35
straight and narrow till this case is over.
56:37
This supposedly happened 2-3 or 4:00 in the morning or something
56:39
like that. What is his normal schedule As
56:41
far as our Mr. Graham, you may be able to speak to this.
56:45
If I'm opposing A curfew, I don't want to restrict him from
56:47
from extracurricular activities, but obviously he needs to be in
56:49
bed at a certain time. Mr. Graham.
56:51
Any input on that, Judge? His mother's in the courtroom
56:54
and she, she is a, let's just say a very tough mom.
56:58
Do you mind asking her? Because I think she she would
57:01
probably error on the side got a caution and let can we listen to
57:04
her? Yes Sir.
57:05
I think it's a great idea. Ma'am.
57:09
Is there a suggested time frame 10?
57:13
11. Until when?
57:15
What time do you have to go to school or work or whatever?
57:17
Right. Now what?
57:20
He's. Doing his alternative.
57:25
Placement. Yes, ma'am.
57:27
OK, we're going to say, what do you think, 11 to 6, Mr.
57:29
Mitchell? I was going to say maybe. 5:50.
57:32
We've seen that one in the past. Is there anything, I don't know
57:37
of anything that we've been on at school that would be after
57:39
10:00 PM, ma'am, Is there 10:00 PM to 6:00 AM?
57:42
Is that what I said? 10:00 PM to 6:00 AM.
57:44
Is your curfew. Mr. mentioned if you're with a
57:47
parent, there's an exception to that curfew.
57:49
So if you're with one of your parents, no problem.
57:51
If y'all got to go somewhere or run somewhere or taking a trip,
57:53
that's fine. Unless you're with a parent,
57:55
you've got to be home between the hours of 10:00 PM and 6:00
57:58
AM. As soon as that cash bond is
57:59
posted, you'll be released. What we also going to go ahead
58:02
and give you a tentative notice for your court date.
58:05
Mr. Graham. We started doing that at request
58:07
of Judge Garcia and this is just a kind of a tracking mechanism.
58:10
The state may not have even filed information by this date,
58:12
but that court date will be April the 7th.
58:15
April 7th at 8:30. This one's in the afternoon
58:18
since he'll be on the private attorney doc.
58:20
It's so 130. April 7th at 1:30.
58:22
Mr. Graham, Obviously that subject be changed upon the
58:24
following of an appropriate motion by your office.
58:26
Let me see if the family has any questions.
58:28
Family have any questions, Mr. Graham, you think I miss from
58:32
your perspective? No, Sir.
58:33
Judge, you were very, very fair to us.
58:35
And Mr. Mitchell also was. And I want to thank both of
58:38
y'all. Mr. Graham, I appreciate you
58:40
being here. A lot of attorneys don't show up
58:42
at first appearance when they get hired.
58:44
They show up later at an arraignment date.
58:45
So it says something, Mr. Graham, but he's he's here this
58:48
morning. Mr. Mitchell, anything.
58:50
Thank you, Mr. Graham, for appearing.
58:52
Thank y'all for coming. All right.
58:56
I don't normally pause, but I'm going to pause just for a minute
58:59
based on what we just saw. So I looked it up because in
59:03
Texas, at 17 years old, they're like automatically treated as
59:08
adults. So I was curious if it was the
59:10
same thing in Florida. It is not.
59:14
A prosecutor in Florida can do what's called a direct file,
59:17
which kind of bypasses the juvenile, the juvenile
59:23
situation, the juvenile process and puts them into an adult
59:28
court. But there was no indication that
59:30
that's what was done here. So I'm guessing he's 18, but we
59:33
don't know for sure. It sounds like the the girl was
59:39
in the same school, but we don't know for sure.
59:42
So worst case, if she's a freshman, 1415.
59:51
And just because I'm curious now.
59:59
Florida age of consent, Florida age of consent is 18.
1:00:08
But statutory. You know what law does not apply
1:00:13
to individuals who are 16 or 17 if their partners or individuals
1:00:17
who are 24 years of age or younger?
1:00:20
So I would guess based on this that he's 18.
1:00:25
And she's 14 or 15, so he probably got with a freshman.
1:00:28
That's what this sounds like. Now they're arguing consensual,
1:00:33
but there was a kit that was done, an assault kit.
1:00:37
So either the defense is making that argument, but it's not
1:00:41
true, or it was consensual, but the girl's parents found out,
1:00:47
took her in and had a kit done. That's another angle here.
1:00:50
There's a lot we don't know about this Ashley, if you could
1:00:55
take note of of this person's name and we can try to to follow
1:01:01
him if we can. If he ends up in front of a a
1:01:04
felony judge, who will who will stream?
1:01:07
But I just wanted to give you more context based on what we
1:01:10
know, based on the laws. So it sounds like he's 18 and
1:01:14
she's 14 or 15. That's my best guess anyway.
1:01:16
So let's get back to it. We do have one more person that
1:01:18
has friends or family here. Wish you the best Mr. Mention
1:01:23
and that is to Adrian Graham. Mr. Graham.
1:01:31
Good morning, Mr. Graham. Your mother is in the courtroom.
1:01:33
You have a hold out of Washington County.
1:01:35
Mr. Graham. I took a look at the warrant in
1:01:37
that case and it's another. There's no bond on the warrant.
1:01:40
So Mr. Graham, what that means is you'll be held with until you
1:01:42
get to Washington County. That could happen today.
1:01:45
Today is a Thursday. It also could happen in the next
1:01:48
day or two. But when you get to Washington
1:01:50
County, you'll go before a local judge and that judge will
1:01:52
address your bond. And I saw a pending case, so I'm
1:01:56
not sure if this allegedly occurred after that pending case
1:01:58
or not. That's something that judge will
1:02:00
look at. So you may or you may not get a
1:02:02
bond once you get over there, am I right?
1:02:05
You do have a pending case, correct?
1:02:06
Yeah. Am I wrong?
1:02:08
22 bond, 22 warrants. 66 and 60. 8 Both at the same time.
1:02:15
Mr. Graham, you do not have a pending case.
1:02:18
I'm out on bond. Oh yeah.
1:02:21
So he's you're out on bond, but what I don't know is if this
1:02:23
charge allegedly occurred after he was out on bond.
1:02:25
If it did, the judge over there very well may revoke his bond if
1:02:29
it. Didn't.
1:02:30
It can't revoke his bond if it happened before.
1:02:32
So I'm talking to your mom now. He'll go to Washington County
1:02:36
probably the next couple of days, possibly even today, and
1:02:38
he'll go to another first appearance.
1:02:40
He may or may not get a bond depending upon those factors I
1:02:43
mentioned. Ma'am, do you have any
1:02:44
questions? Mr. Graham, do you have any
1:02:48
questions? All right.
1:02:51
Wish you the best, Sir. Mr. Graham, there is a condition
1:02:54
no contact with alleged victim. So, Corporal, make sure you know
1:02:57
there's a condition. No contact with alleged victim,
1:02:59
please. Yes, Sir, I will.
1:03:02
Thank you. And we can go back to the top of
1:03:04
our list. Then the next case will be
1:03:05
Charles Gilly. Thank you.
1:03:08
You give me just a second, I guess, Peter.
1:03:23
Mr. Gilly. Good morning.
1:03:24
Mr. Gilly, you're here for first appearance accused of 1 count of
1:03:27
resisting an officer with with violence and one count of
1:03:29
battery on an officer, firefighter, EMT or healthcare
1:03:31
professional. I believe it's a healthcare
1:03:34
professional of the allegations in your case.
1:03:37
I'm not positive. I did read the complaint.
1:03:40
Yeah. Hospital personnel.
1:03:41
Is that the same statute They're getting charged with EMT.
1:03:45
So I don't know if that's, I don't know if that's appropriate
1:03:48
or not, but that's how they get charged.
1:03:50
Hospital personnel and EMT, it's the same degree crime.
1:03:55
I'm not sure if that's the same. Anyway, it's the same degree
1:03:59
crime. So third degree of felony, Mr.
1:04:01
Gilly. So there is probable cause.
1:04:02
But Mr. Gilly, my review of your criminal history is that you
1:04:05
have no prior criminal history. So Mr. Gilly, I'm going to
1:04:08
appoint the public, there's office to represent you for
1:04:10
first appearance purposes. Listen to Mr. McDaniel and Mr.
1:04:13
Mitchell and then we'll see where we go from here.
1:04:15
Mr. McDaniel. Your Honor, Mr. Gilly has been,
1:04:18
you know, he had surgery on his recently had surgery on his hip
1:04:22
and they tried try to repair that.
1:04:23
I think it's been in the rehab for about a year.
1:04:26
And, you know, they got him on all kind of medications and
1:04:29
stuff. And, you know, I talked to him,
1:04:30
he's very confused and, and he does not recall anything.
1:04:35
And, you know, I just, I think this may be more of a, some kind
1:04:38
of medical issue than there's a crime.
1:04:41
I'm just asking the court to maybe give him an ROR.
1:04:44
I think that the I know that the life management interviewed him
1:04:49
yesterday and they felt like he needed to be Baker acted and
1:04:52
that Baker act has been completed.
1:04:54
And so if he's released, he would go to the Baker facility
1:04:58
at that point in time. You know, he said I was going to
1:05:00
go back to some rehab, you know, I suspect back to the same
1:05:03
rehab. I don't know.
1:05:04
But you know, my speaking with him though is I he's just
1:05:08
confused and he don't, he don't understand really what's going
1:05:11
on. And I don't think he really they
1:05:14
may. And I don't know if it's the
1:05:14
medications he's on or if it's diabetes or he has a lot of
1:05:19
physical ailments and he's not but 58.
1:05:21
But age-related issues are not necessarily based on age.
1:05:26
They're based on life conditions and health also.
1:05:29
And I I'm not sure for sure, he may not have some issues related
1:05:32
to age-related issues and health related issues affecting his
1:05:35
cognitive abilities. Thank you, Mr. Mitchell.
1:05:42
Your Honor, we're not opposed to the ROR condition as long as we
1:05:48
can make sure that once the ROR is in place, he does go to the
1:05:51
Baker Act facility. And the and the.
1:05:54
Baker Act has already been signed.
1:05:55
Correct. Yes, Sir, and.
1:05:56
It's it's valid for a certain period of what, 48 hours, I
1:05:59
think your e-mail said so Mr. Gilly, Mr. Gilly, do you have
1:06:02
any questions, Sir? That is right.
1:06:06
OK. So, Mr. Gilly, you're 58 with no
1:06:08
prior history and, and now all of a sudden you've got these
1:06:10
charges. That's that's very unusual to
1:06:13
see someone with no prior history at your age have these
1:06:16
charges. When you read the complaint, it
1:06:17
does appear Mr. McDaniel may be exactly correct.
1:06:20
It makes you wonder if there's some, some kind of underlying
1:06:22
medical issue. I have, I have no idea, but it
1:06:26
certainly makes me wonder if someone's 58 years old, never
1:06:29
been charged with anything the day in their life, and then all
1:06:31
of a sudden they got a felony charge for value on a medical
1:06:35
provider. Mr. Gilly, I don't grant many RO
1:06:38
Rs, but I'm going to grant you one in this case because I think
1:06:40
that's the the right thing to do.
1:06:42
I need you to get down there to the program and get them
1:06:44
evaluated. If there's some kind of medical
1:06:46
issue underlying or some kind of medication issue, hope they're
1:06:49
going to get that figured out and get you treated.
1:06:52
So the only thing I need you to do between now and your next
1:06:54
court aid is stay out of trouble.
1:06:55
So don't be charged with any crimes.
1:06:57
I'm going to grant you the relief from your owner
1:06:58
cognizance. That's what a ROR is.
1:07:00
I want to ask a jail to give you a notice for your court date,
1:07:03
and that would be April the 7th. I'm presuming at 8:30.
1:07:05
You want April 7th or May? I mean, I it's today's March
1:07:10
19th. Are you requesting May?
1:07:12
I'm just, you know, I don't know what life energy, I don't know
1:07:14
what the Baker facility is going to do.
1:07:16
So I mean that no matter what, he's probably going to.
1:07:18
Be in a. Facility, he ain't going to show
1:07:19
up anyway. So give the state time to, you
1:07:22
know, to facilitate some kind of.
1:07:25
You know, meeting on. YouTube or something?
1:07:27
An objection to the may date. I have no objection.
1:07:29
When would that be? Please give him a date for May
1:07:32
5th at 8:30, Corporal. May 5th at 8:30.
1:07:35
So Mr. Gilly, they're going to get you down to the to the Bay
1:07:39
facility in Bay County and they'll look at your medications
1:07:41
you're on, they'll do some tests and see if any of that may have
1:07:44
contributed to this charge you've got.
1:07:46
And then that'll be your court date.
1:07:48
So Mr. Gilly, just stay out of trouble between now and then.
1:07:50
Mr. Gilly, do you have any questions?
1:07:54
Wish you the best, Mr. Gilly. Yes, Sir, we have Isaiah Dudley
1:08:00
next. Mr. Dudley, did you receive a
1:08:07
complaint for that one for Mr. Dudley?
1:08:10
Did I see the complaint? Well, yeah, it was filed.
1:08:13
It went Reddit yesterday. OK.
1:08:15
I couldn't. I didn't know the case number.
1:08:17
So that's what I was. Oh, there it is right there.
1:08:19
Yeah. So I think this one, when they
1:08:21
submitted originally, they had their case, their agency case
1:08:24
number on the warrant, and I had to reject it because the clerk's
1:08:29
case number has to go there. I got you.
1:08:31
But the one I have has 26-118. MMM.
1:08:37
Isaiah Dudley. Mr. Dudley, Come on up.
1:08:41
Mr. Dudley. Good morning.
1:08:41
Mr. Dudley. You're here for first appearance
1:08:43
of two counts of misdemeanor battery.
1:08:45
Mr. Dudley. There is probable cause for the
1:08:47
charge, Mr. Dudley, according to the complaint.
1:08:50
I haven't seen the video, but according to the complaint,
1:08:51
there's video evidence that corroborates their version of
1:08:54
what happened. Mr. Dudley, I'm going to appoint
1:08:56
the public defenders office represent you.
1:08:58
I'm going to ask that you listen to the two attorneys and I'm
1:09:01
going to set you a bond or consider release options in just
1:09:03
a moment. Mr. McDaniel.
1:09:04
Anything John or if you know the complaint with this in the video
1:09:08
is accurate. It's, you know, troublesome.
1:09:10
I think it's probably more closely related to a disorderly
1:09:12
conduct than a battery, but they may be probably it's a close
1:09:15
call and probably calls them get does say they tries to, you
1:09:19
know, you know, I don't know if it actually says.
1:09:21
The video that. Actually touched to read thing.
1:09:24
I think that it was. That.
1:09:26
Them just saying that the video I don't think showed that when I
1:09:28
read the complaint, if I recall and it's clearly it may show a
1:09:32
disorderly conduct charge and we're just asking for bond
1:09:35
taking under the circumstances of it.
1:09:37
You know, you know, Mr. Dudley should know better his age.
1:09:41
But you know, if it's accurate, Mr. Dudley, I mean, if there's a
1:09:45
video of it. But y'all I'm.
1:09:49
Going to give you a chance in just a second, Mr. Dudley.
1:09:50
Let me listen to the attorneys and I'm going to see if you have
1:09:52
any questions. Anything else, Mr. About Daniel?
1:09:55
Mr. Mitchell, Your Honor, I just looked at the complaint after I
1:09:59
pulled it up there. Allegations that he was
1:10:02
intoxicated when this occurred. So we would request a condition
1:10:05
that he not possessed or consume alcohol as a condition of his
1:10:08
bond. We'll leave it up to bond like
1:10:12
total to the court. Thank you, Mr. Dudley.
1:10:16
Please don't talk about what you're accused of.
1:10:17
We are being recorded and I don't want you to say anything
1:10:19
that hurts you. Having said that, if you have a
1:10:22
question or if there's something you think I need to know for
1:10:24
bond purposes, I'm glad to listen.
1:10:26
But I would suggest you talk about the incident itself that
1:10:28
you're accused of. Any questions or anything you
1:10:30
think I need to know for bond purposes?
1:10:32
Yes, Sir. Johanna Bond purposes nails
1:10:37
Dudley I am good but but Johanna I got another court date coming
1:10:42
up too see about the my divorce and dealing with my child.
1:10:48
That's been why and and then my house has got wide open and it
1:10:52
caved in. I've been working on my trailer.
1:10:55
I don't I don't I don't see nothing I did wrong.
1:10:58
I really don't, but I need to I'll just say for him.
1:11:01
I mean, he's a lifelong resident of their needs area.
1:11:03
I mean, he's been in court before on various minor charges
1:11:07
like this and never had anything serious charges against him,
1:11:09
just minor charges. And he's never not appeared for
1:11:12
court date or never not done whether the court instructed him
1:11:15
to do. He's completed probation I think
1:11:17
even before in the past when some of these minor charges.
1:11:19
So we just ask the court take those things into consideration.
1:11:22
Thank you, Mr. Dudley. These are these are two accounts
1:11:25
allegedly closed in time on the same alleged victim.
1:11:28
So for bond purposes, I'm going to treat them as one account.
1:11:31
Set you 11 bond, the equivalent of what I'm going to set you a
1:11:34
bond. That's the equivalent of what I
1:11:35
would set on one case instead of two.
1:11:36
Their bonds going to be $12150 on each case.
1:11:39
That means your total bond is $2500.
1:11:41
It's cash or surety. Cash or surety means you don't
1:11:43
have to come up with all the money.
1:11:44
You can go through a bondsman. 10% of 2500 is $250.
1:11:49
Mr. Dudley, because this and your last half dozen, the rest
1:11:52
or so have all involved alcohol, you do have a condition not to
1:11:55
possess or consume alcoholic beverages as part of your bond.
1:11:58
The jail will give you a notice for your court date that will be
1:12:03
30th March 30th. March 30th at 8:30 will be your
1:12:07
court date. Mr. Dudley, every time I see you
1:12:09
in court it's alcohol related. And then just keep in mind if
1:12:11
you get caught drinking or possessing alcohol, that will
1:12:13
violate your bond. But it's a $250 bond.
1:12:17
If you go through a bondsman and they charge you the normal 10%,
1:12:20
you will get to use the phone in a few minutes.
1:12:21
Sir, you do have a condition of no contact, the alleged victim
1:12:24
and no contact, which was it? Dollar General?
1:12:27
Yes, no contact with any Dollar General.
1:12:29
And the reason I'm doing any Dollar General is because she
1:12:32
might, sometimes they work at different locations and I don't
1:12:34
want you to run into her. So go to Dollar Tree or go to
1:12:38
don't sell the Family Dollar or Walmart or wherever to get, you
1:12:40
know, don't go to any Dollar General because I don't want you
1:12:42
this thing to get any worse. Mr. Dudley, do you have any
1:12:45
questions, Sir? Yes, Sir.
1:12:47
Well, when the ladies, when the lady said.
1:12:49
Well, I don't want. You back here on the premises
1:12:51
anymore? So I just left.
1:12:53
I ain't been back since. I didn't know what was going on
1:12:56
anyway. My mom, my mom was focusing on
1:13:00
back there in the house and dealing with my child.
1:13:03
Well, hopefully you're going to get out of there today.
1:13:05
Hopefully you'll post that bond and you'll get to use the phone
1:13:07
in just a few minutes. Sir, we have James.
1:13:11
That's $250. If you go through a.
1:13:14
Bondsman and they charge you 10%, it'd be $250.
1:13:17
They may charge you the less than that and pay and pay and
1:13:19
work on payments on the rest, but they charge the full 10%
1:13:22
upfront, it'd be $250. Yes, Sir.
1:13:25
OK, thank you. Have a good day.
1:13:29
We have James Tucker next. Mr. Tucker.
1:13:35
Good morning, Mr. Tucker. You're here for one count.
1:13:37
You're accused of 1 count of driving while license suspended
1:13:41
as an habitual traffic offender. You're accused of a third degree
1:13:43
felony. I think you're already out on
1:13:45
bond, Mr. Tucker. Is that correct?
1:13:47
Yes, Sir, but I've never had Mr. Tucker.
1:13:50
I'll speak, Mr. Tucker. I'll speak before you hang on.
1:13:52
So Mr. Mitchell, Corporal, help me out with this.
1:13:56
We requested a drug test this morning because that was a
1:13:59
condition of his bond. And Mr. Goodson told me that
1:14:02
Mister Goodson had been informed by the jail that Mister Tucker's
1:14:05
not willing to give a drug test. Is that right?
1:14:07
Corporal. Correct.
1:14:09
I want to know about the other thing I was talking about
1:14:11
though. Doesn't matter if you don't give
1:14:14
a drug test. I'm going to vote your bond
1:14:15
either way. I get that, I'm saying.
1:14:16
I love my bonds to vote, but I'm talking to Mr. Tucker.
1:14:19
I'll take care of this, Mr. Tucker, let me talk.
1:14:21
So on the charge itself, Mr. on the bond, on that charge, Mr.
1:14:25
McDaniel, anything, you know, we understand what the Court's been
1:14:28
doing the whole of that bond. But I mean, I've dealt with Mr.
1:14:30
Tucker several times and he's never had a driver's license in
1:14:32
his life. So it's almost an impossibility
1:14:35
that his license or habitualized because he's never had a
1:14:38
driver's license. You know, I understand that it's
1:14:42
going to be a difference without a whole lot of difference, but
1:14:45
you know, I I don't think he's ever had a driver's license.
1:14:47
I just got off my recollection with him in the past, the same
1:14:50
charges and his pending case is actually a no valid driver's
1:14:54
license, the one that he's on bond on.
1:14:57
So you're thinking it may wind up being a different charge,
1:14:59
maybe like being no valid eventually it's a no valid, but
1:15:02
you know, I don't it's a difference without any except
1:15:04
it's just not. Thank you.
1:15:07
Thank you for that. Mister Mitchell, anything.
1:15:11
I have no objection if you want to treat this as kind of like a
1:15:14
no valid DL charge instead of habitual.
1:15:16
But like I said, like like you said, we're requesting those
1:15:20
bond be revoked in 25559 CF Yeah.
1:15:24
So I think Mr. McDaniel is right looking at his driving record
1:15:26
here. So Mr. Tucker, what I'm going to
1:15:29
do for bond purposes only, I'm going to treat this as a as a
1:15:31
multiple no valid driver's license.
1:15:33
Your bond's going to be $5000 cash or surety.
1:15:35
I am revoking your bond in case 25-559-CF for multiple reasons.
1:15:41
Number one, you got a new charge #2 you had a condition of no
1:15:44
driving in that charge #3 you refuse your analysis, which are
1:15:47
all conditions of his bond. So Mr. Mitchell, if you can give
1:15:50
me an order voking his bond because there's probable cause
1:15:53
for those things, I'd appreciate it.
1:15:55
So Mr. Tucker, we're going to give you a court date for felony
1:15:57
court, which is April the 7th. But if the state does changes to
1:16:03
a misdemeanor, I may see you in misdemeanor court.
1:16:06
As far as your bond being revoked, you'll get a different
1:16:08
court date in that case. Mr. Tucker, any questions?
1:16:12
All. Right, so I wish you the best.
1:16:14
So if. We, if we make this a no valid
1:16:17
DLI, think his court date would be April 9th since he'll be in
1:16:20
the jail. You've got time to look at that
1:16:22
and see what y'all want to do. But looking at the driving
1:16:25
history in front of me, it looks like he's never had a looks like
1:16:28
he's never had a driver's license.
1:16:29
So I think Mr. Maidana might be right changing.
1:16:32
It. Now.
1:16:34
Mr. Mitchell, anything else for appearance purposes?
1:16:36
For first appearances? No, Your Honor and Corporal,
1:16:39
anything else? All right, since they're
1:16:42
wrapping it up, let's head back up to Michigan.
1:16:45
Judge Dad say good morning there.
1:16:49
Starting April 6th. Can you do that?
1:16:52
Yeah. What are you going to do?
1:16:53
If you don't have the money, then I'll have the money.
1:16:56
If you don't have the money, what are you going to do?
1:16:58
You're going to call the court or come up, Your Honor, before
1:17:00
that due date and I'll give you an extension.
1:17:03
Just don't ignore me. I hate that, OK.
1:17:06
And you ignore this on this defective equipment ticket too.
1:17:12
I'm going to dismiss the show cause and I'm going to give you
1:17:14
until April 30 to pay this one. Now, if you need more money or
1:17:19
no more time, what are you going to do?
1:17:23
And talk to me, right? Yes.
1:17:25
And it request an extension, right?
1:17:27
And I'll grant it. But don't ignore me again.
1:17:30
I'm not going to be this nice next time.
1:17:31
Are we with one another? Yeah.
1:17:33
Good. See how easy this is?
1:17:36
Good luck. Johnson or a Terrius Brandon
1:17:43
Johnson 26B15O198A and B&C. How you doing?
1:17:53
Not bad. You not that good.
1:17:55
From here. Your name you're charged with
1:17:58
resistant and or obstructing an officer with possession of
1:18:00
controlled substance and you have a civil infraction charge
1:18:03
of expired plate. You have the right to an
1:18:04
attorney if you want one. I will give you 1.
1:18:07
Would you like a lawyer? Yes, Sir.
1:18:09
OK. Go off the hallway, they will
1:18:12
set you up. You will have a chance to talk
1:18:15
to a lawyer today. OK.
1:18:17
You're welcome. Hi, Della Garza, Sofia.
1:18:27
Della Garza 26-F245507. Could I have,
1:18:43
is somebody here for tire service, tree service or tree
1:18:46
service? Yes.
1:18:48
OK. All right.
1:18:49
Your name, ma'am. You're charged with disorderly
1:18:53
conduct, public intoxication. You have the right to a lawyer.
1:18:56
Would you like 1? I'll go ahead and arraign you
1:18:59
and we'll go from there. And then I'm going to send you
1:19:00
to the prosecutor then. OK to talk.
1:19:03
Do you understand that? You understand that?
1:19:07
Yes. All right.
1:19:08
So you're charged with disorderly kind of public
1:19:12
intoxication, that police think that this occurred in the city
1:19:16
of Flat Rock, County of Lane on Telegraph near Vreeland.
1:19:20
They think you were stumbled and fell face first under the
1:19:23
roadway, almost getting struck by a car.
1:19:25
That's a misdemeanor punishable by up to 500 fines, 90 days jail
1:19:29
costs are all those. Do you understand that, ma'am?
1:19:31
Yes. And did you sign an advisor
1:19:34
rights form here today and read it and understand it?
1:19:37
Yes, you plead guilty. You'll be giving up all those
1:19:39
rights on the advisor rights and there will be no hearing your
1:19:42
trials. You understand that yes, you
1:19:48
have the right to a lawyer. You still wish to waive your
1:19:51
right to a lawyer. I wish to.
1:19:54
I don't. I'm entering on that.
1:19:57
OK, hang on. Are you from Mount Pleasant?
1:20:00
Yes. You drove here from Mount
1:20:02
Pleasant? No, I'm in a situation here
1:20:04
right now where I'm homeless and but then I found out I got in
1:20:10
Bargain and Mount Pleasant, so I'm moving with that.
1:20:14
All right, I'm going to enter in a guilty plea, $500 personal
1:20:17
bond. You don't have to post any
1:20:19
money. No alcohol, no will leave the
1:20:22
controlled substances, no marijuana.
1:20:24
You cannot leave the state without the consent of the
1:20:26
court. To violate the law, you must
1:20:28
appear in court as directive. Go talk to the prosecutor, OK?
1:20:32
See what he'll work out for you. You've had nothing since 2003,
1:20:36
right? All right, don't.
1:20:38
Don't be upset here. It's not the end of the world.
1:20:41
OK. Good luck.
1:20:45
Tree Service of Troy, 261-5050. Eight.
1:20:57
Good morning. Your name.
1:21:00
So you're in bankruptcy, The company is.
1:21:04
So what did the two of you agree on?
1:21:08
They said come in here and see you.
1:21:10
Advise you to be federal. Were you in the room right of
1:21:16
Jason here too? What room is this?
1:21:33
Drinks, opening the shoes. Is that ext 237, Heather?
1:21:48
I'm sorry, Judge, what was that? The jury assembly or the
1:21:53
prosecutor's room adjacent to Judge Hessen's.
1:21:56
Port. That is where Brownstown is,
1:22:00
Courtroom 2 there. So is that 237 that?
1:22:08
No it is not. I don't believe there's a phone
1:22:10
in that 1237's the conference room, not the actual courtroom.
1:22:23
You're so backed up right now and just have a seat at the
1:22:26
table right behind you. I'll have you out of here in 5
1:22:29
minutes, OK? You can have a seat right at
1:22:31
that table. Amy.
1:22:34
I'm going to need Miss Foley. Carter.
1:22:39
Shawn Michael Wilson the second. Sir, I'm going to ask you to
1:22:42
take your hat off in the back, please.
1:22:44
Your hat. Shawn Michael Wilson, the 2nd
1:22:48
2623, B 143763. Your name was there?
1:22:57
Was there an accident? Yes, Sir.
1:23:03
So is that the reason that you guys are doing a no contest
1:23:07
plea? Yes, Sir.
1:23:10
I'm going to have to have you sign the advice of rights here.
1:23:13
OK, So you sit down there at that table, sign the advice of
1:23:17
rights and and then when you're done, hand it back to my
1:23:21
reporter. OK Hines Khalil Jamal Hines,
1:23:27
26-F24577-O. So make sure you read those
1:23:30
rights, Sir. Your name, Sir.
1:23:33
You're charged with driving on a suspended.
1:23:34
You have the right to a lawyer. Would you like a lawyer?
1:23:37
I'll go ahead and arraign you and send you to the prosecutor.
1:23:40
On February 21 at 26, it was alleged that you did operate a
1:23:43
motor vehicle in the city of Flat Rock, County of Wayne on
1:23:45
Gibraltar near Aspen at 4:27 PM. That is a misdemeanor punishable
1:23:51
by up to 500 fines, 93 days jail costs are all those two points.
1:23:55
Do you understand that? Yes, Sir.
1:23:56
Did you sign an advice of rights and read it and understand it
1:23:59
today? Yes, Sir.
1:24:00
You plead guilty. You'll be giving up all those
1:24:02
rights and we're not going to have a hearing or a trial.
1:24:04
Do you understand that? Yes, Sir.
1:24:06
All right. You still wish to waive your
1:24:07
right to a lawyer? Yes, Sir.
1:24:08
I'll enter a knock guilty plea. I'll give you a $500 personal
1:24:11
bond. You cannot leave the state
1:24:14
without the consent of the court or violate a law.
1:24:16
You must appear in court as directed.
1:24:18
You're going to go talk to the Flat Rock prosecutor.
1:24:21
Have a seat out in the hallway, and they'll call you.
1:24:23
OK. Thank you.
1:24:25
Tree Service, Detroit, 261-5050. Eight, your name.
1:24:35
Let's move along for a little while.
1:24:37
We'll check back on Judge McNally at some point, but let's
1:24:40
go down to Texas. Judge Stevens pretty well, yeah.
1:24:45
It's not it's not going to work. OK.
1:24:47
It might be said to get there all OK.
1:24:50
So yes, possession with the attempt is we have open, yeah.
1:24:59
All right, we now call. 24 CR 1338 the state of Texas versus
1:25:04
dating. Medina.
1:25:04
Danny Houston, present with Mr. Rojas, your attorney and the
1:25:08
State's attorney. Does the defendant waive a
1:25:12
formal reading of this indictment and the arraignment
1:25:15
here? And we've proceeded some.
1:25:18
In summary, Sir, this indictment alleges that Honor, about
1:25:21
February 8th, 2024 in Jefferson County, Texas, you committed a
1:25:26
third degree felony of knowing an accident, vehicular accident
1:25:34
had occurred. You intentionally have knowing
1:25:36
we left the scene of the accident without giving your
1:25:39
name, address, registration number of the vehicle you were
1:25:43
driving or the name of your motor vehicle liability insurer,
1:25:48
nor rendering any reasonable assistance to the any other
1:25:54
person involved in the accident when it was apparent that the
1:25:58
other person was in need of medical treatment.
1:26:02
Do you understand what you're charged with you?
1:26:04
Why would you do such a thing? I mean, it's just humanitarian.
1:26:08
You got to help people if it even if it's you're not not your
1:26:12
fault, you still have to stay and help.
1:26:16
It was written in the law so that we could have empathy with
1:26:21
fellow humans. And you leave them out there.
1:26:25
Maybe there were others, but sometimes there's not anybody
1:26:28
there and they're just, we've had situations where they would
1:26:31
have survived, but they died because no one can get them
1:26:35
treatment in time. You say we're left, and that's
1:26:40
just a humanitarian decent thing.
1:26:42
Are you decent? You seem to be.
1:26:45
You know what little I know about you, and you just got
1:26:51
scared right off. You got to.
1:26:54
Sometimes the most difficult decisions you make take courage,
1:26:59
OK? We understand and appreciate the
1:27:02
importance of all of this, I believe.
1:27:04
OK. And you're owning up to your
1:27:06
responsibilities here. Well, that's a way to try to fix
1:27:10
this. All right.
1:27:12
You understand what you're charged with.
1:27:14
This is a third degree felony, which means if convicted, you
1:27:20
face no less than two, no more than 10 years confinement in
1:27:23
prison and a fine up to $10,000 can be assessed.
1:27:28
Do you understand? Understand, Sir,
1:27:51
agreement has been reached that whatever Senate shall not exceed
1:27:56
a cap of eight years in prison. So we've got different options
1:28:02
here. You could be sentenced to no
1:28:06
less than two, no more than eight years confinement in
1:28:09
prison. You could be placed on deferred
1:28:12
or unadjudicated probation. Is regular probation an option?
1:28:17
You could be sentenced to no less than two, no more than
1:28:19
eight years imprisonment. Then that imprisonment term can
1:28:23
be suspended and you could be placed on probation for up to 10
1:28:28
years in fleet. Those are your options and also
1:28:33
a fine of up to $10,000 can also be assessed in each of those
1:28:38
different options. So do you understand what these
1:28:45
potential options are by pleading guilty?
1:28:49
If I follow this agreement, you have no right of appeal of your
1:28:55
case. Do you understand?
1:28:56
I understand. March 19th, big talk.
1:29:06
Seems like it was just yesterday.
1:29:07
It was the 18th north of the 20th.
1:29:15
We'll see. Yeah.
1:29:17
How do you plead to this, Sir? Guilty or not guilty?
1:29:19
Guilty, Sir. Are you pleading guilty
1:29:21
voluntarily? Yes, Because you are guilty,
1:29:25
Yes. I'm going to show you what's
1:29:26
marked as States Exhibit 1 here. Did you sign that document
1:29:28
voluntarily, Understand it, discuss it with your attorney?
1:29:31
Are the contents true and correct?
1:29:33
Yes, Sir. States Exhibit 1 tendered into
1:29:35
No. Objection.
1:29:36
Without objection, isn't it among other things, this states
1:29:39
that you are mentally competent and in your guilty plea truly
1:29:43
involuntarily many you know what you've been charged with.
1:29:46
You've discussed all of this with your attorney.
1:29:49
You are giving up your rights to a jury trial, the rights to the
1:29:53
apparent cause examination, confrontation of witnesses and
1:29:57
you are totally satisfied with the representation by your
1:29:59
lawyer. All of this is true.
1:30:01
It states here so help you God. This states exhibit one made a
1:30:04
part of the record for all purposes.
1:30:06
What we're going to do is order a pre sentence report.
1:30:11
We're going to come back in about 30 days and you will be
1:30:15
working with the probation office.
1:30:18
They will do a report of the circumstances of the case and
1:30:23
other factors surrounding this matter so that I can have an
1:30:29
informed decision on what direction we're going to head in
1:30:35
these three options that you have under the law of what
1:30:39
punishment can be assessed. Have you ever been in trouble
1:30:42
before? You're looking over here, which
1:30:45
means yes, that's that's always a giveaway when I'm talking
1:30:50
about convictions. Everybody makes mistakes.
1:30:57
How you? Fix it and deal with the
1:30:58
mistakes. That's the test of character.
1:31:01
OK, just deal with this response again.
1:31:05
All right, get a resetting and we'll see you back for the
1:31:08
sentencing. Hearing.
1:31:11
Marvin said it weird. It's like Donald Vaughn.
1:31:29
All right, well, they rack up another contestant.
1:31:31
We'll move along. Judge Oakley.
1:31:36
All right. Are you going forward today
1:31:37
without an attorney or do you want to speak to the court
1:31:39
appointed attorney? I mean, I I can speak with one.
1:31:43
That's fine if I need to. I just want to make sure you
1:31:48
want when you get one. If you don't want one, we're
1:31:49
going to go. Yeah.
1:31:50
I can speak with one. All right, I'll put her back in
1:31:53
there. Justin Griggs.
1:31:58
Good morning, Sir. How are you doing this morning?
1:32:00
Wonderful. Are you going forward today
1:32:02
without benefit of a court appointed attorney?
1:32:04
Yes, Sir, all. Right, let me find your file.
1:32:08
Yes, Sir. Well, that ain't it.
1:32:27
Show us, not the bottom. Full Yeah, I I had it.
1:32:34
Oh, I just stuck to another one. All right, Mr. Griggs, I've got
1:32:43
a file here. Incident date October 1225
1:32:46
Charged with retail fraud, Sentenced to six months under
1:32:50
advisement $400.00 Court costs 30 hours community service.
1:32:54
Paid the $400.00 but have not provided proof of community
1:32:57
service before the due date of February 28th.
1:33:00
Where you at with community service Sir?
1:33:02
I was going to ask if the court would grant me an extension
1:33:05
because I've been in care of my mom and my it's a mixture of my
1:33:09
care of my mom with her dementia, Alzheimer's, and my
1:33:12
job. What are you working now?
1:33:14
I'm working in. I live downriver, but I'm
1:33:17
working in Marshall, MI, so I'm driving an hour and a half to
1:33:20
work. Who do you work for?
1:33:22
DFM, DFM through Ford. We're out here on the
1:33:25
construction site where they're building a battery plant.
1:33:28
Oh, yeah. Yeah, yeah, yeah.
1:33:29
Yup, Yup, Yup. Today, yesterday.
1:33:31
I just got my promotion so I will be back down in Dearborn
1:33:34
shortly, but they want me to finish out the project for
1:33:36
before the turnover starts. OK.
1:33:40
How long you been with that company?
1:33:41
I've been here, I've been doing, I've been with the company, I
1:33:45
want to say a year and a half going on two years.
1:33:47
I've been with this project for 13 1/2 months.
1:33:50
OK. All right.
1:33:51
So you got something lined up where you're going to do your
1:33:54
community service? Yes, Sir, I think I found a
1:33:58
nonprofit nonprofit and also a Salvation Army that are located
1:34:02
in Southwest Detroit. OK.
1:34:05
All right. And I do apologize again, Your
1:34:11
Honor. That was never my intention to
1:34:13
completely skip out on it or anything.
1:34:15
I do apologize. Can you get it done by the end
1:34:18
of April? Yes Sir, I most definitely can
1:34:21
all. Right.
1:34:23
I like your attitude, so I'm not going to hit you too hard.
1:34:25
I'm just going to give you an extra 2 hours.
1:34:26
So 32 hours by. I appreciate that 30.
1:34:33
Got it. Did I lose you?
1:34:36
Yes, Sir. And they can you hear me?
1:34:40
Yeah, hold on, Did you get it 32 hours by April 30th?
1:34:43
Yes, Sir. All right, questions.
1:34:46
Yep, they had told when I went and spoke to someone in the
1:34:49
courthouse 2 days ago. They told me basically to just
1:34:51
get a paper from wherever my nonprofit I go to just showing
1:34:55
that I actually completed. Exactly.
1:34:57
Official letterhead. So it's got their name, address,
1:34:59
e-mail. We can check it out if we need
1:35:01
to. Yes, Sir.
1:35:02
All right, yes. Anything else?
1:35:05
Nope, not at all. Congrats on the promotion.
1:35:08
I appreciate that, Sir. Thank you.
1:35:10
Have a good day. You too now.
1:35:25
So I hope I should come see if she can come later.
1:35:28
She's. Out.
1:35:31
Yes, that's fine to me. Just be.
1:35:46
I mean, it's a couple days now, all right, counsel, what do you
1:35:53
got? Alfred A Austin, AL Sentencing
1:36:00
or show cause sentencing, All right.
1:36:06
Got the file. Your Appearance Jack Newhorn
1:36:09
Neighborhood Finder Therapist, seat number 84871 Good morning.
1:36:15
Have you gentlemen had a chance to go over the report and
1:36:17
recommendation? We did your honor, anything in
1:36:20
there that is factually inaccurate?
1:36:23
Anything you want to add by way of elocution?
1:36:25
Do you have what happened here on sure some 34th district work
1:36:30
program. It's an alternative to jail
1:36:31
time. So where I would normally give
1:36:33
jail quite often with files I'll do some work program.
1:36:37
What it amounts to is you pick the days, we'll schedule you the
1:36:41
days you pick, you have to be here at 8:00, not 838 o'clock.
1:36:44
Then they'll go out and work with our crew.
1:36:47
We're getting a little early yet, but we're getting into the,
1:36:49
you know, season where we're doing festivals around our five
1:36:52
communities. You might be working one of the
1:36:53
festivals and picking up trash. You might be working on the side
1:36:55
of a road somewhere, clean up a park, that kind of stuff.
1:36:59
It works out to be usually, what, Vanessa?
1:37:02
5-6 hour day. Yeah.
1:37:05
Yeah. OK.
1:37:07
OK. Anything else in allocution?
1:37:09
Your Honor, this was three years ago.
1:37:10
I don't think he's had any kind of risky.
1:37:12
Society. So he's gainfully employed.
1:37:16
We understand the request for substance.
1:37:17
Abuse evaluation, I actually why they want to evaluate don't
1:37:22
think that there's a substance abuse issue with him
1:37:25
particularly. I think if there wasn't it would
1:37:26
have done within the last three years.
1:37:28
That's that's why I like to go with the evaluation.
1:37:30
Someone can spend more time with you than our probation
1:37:32
department. You, you do a full blown
1:37:34
evaluation with somebody and they say no problem here, great,
1:37:39
nothing necessary to move forward.
1:37:41
The evaluation comes back and recommends some treatment.
1:37:43
Then we're going to talk. OK, anything else, anything
1:37:48
else? Anything you want to answer?
1:37:50
OK, All right. So I went over the
1:37:53
recommendations as well and I'm going to adopt those
1:37:54
recommendations in full. So you went over one through 9
1:37:59
with counsel as recommendations. Those are now court ordered.
1:38:02
So on the count 1 charge, 12 months probation, total fines,
1:38:07
it costs on that file $1200. I'll send you downstairs to talk
1:38:11
about payment options on that file.
1:38:13
I'm going to put all six days of the work program on that file.
1:38:17
Then on the count to file, it's just 12 months probation, same
1:38:21
terms, an additional $1200 fines plus court costs.
1:38:26
Same thing. Talk about payment options
1:38:27
downstairs. Any questions, clarifications,
1:38:32
Good luck. 01 thing I should tell you, you violated bond when
1:38:37
you continue to use mood altering substances without a
1:38:40
doctor's prescription. Don't make that a habit because
1:38:43
now you're on probation, you know there will be consequences.
1:38:47
You're currently owe us $540 on something else traffic, double
1:38:52
parking and a traffic device civil infraction.
1:38:54
Can you put a payment plan together on all this Put.
1:38:59
The payment. Together you tried to do it
1:39:00
online much easier. It's much easier face to face.
1:39:06
Get it all worked out before you leave the building.
1:39:08
All right, good luck. Thank you, council.
1:39:10
And I want to thank you. Going into North Carolina.
1:39:14
I just looked at the clock. We're like a hour and 40 minutes
1:39:18
into the show already. I don't know where this morning
1:39:20
is gone programming. Note that we are not doing a
1:39:22
fourth hour today, just three hours because I have some other
1:39:25
commitments today. So sorry about that.
1:39:29
Let's go down to Louisiana. Check out the parole board.
1:39:50
The Committee on Parole is called to order.
1:39:53
Today's date is March 19th, 2026.
1:39:56
My name is Danny Barroff, serving as your chairman today.
1:39:58
My colleagues on today's panel are Mr. Tillis, on my left and
1:40:02
Mr. Ledoux. On Zoom, the panel today at the
1:40:05
headquarters is in Baton Rouge, LA, with staff.
1:40:07
Please introduce yourself. In the record.
1:40:15
Deputy Warden Chad Orlo. Darius credit assistant, ward
1:40:20
classification. Jackie Christy, Theater Records
1:40:22
Manager, Christine Lavon, Classification.
1:40:27
Thank you. Our remote location is Hunter
1:40:30
Correctional Center. Today we're doing a parole
1:40:34
hearing from Mr. Leonard Birkholder.
1:40:37
Mr. Birkholder, would you please introduce yourself and state
1:40:40
your DLC number for the record? My name is Leonard Birkholder,
1:40:44
DLC number 491565. All right, I'm going to give you
1:40:49
a brief, brief explanation of the process.
1:40:51
We're going to read some information into the record, ask
1:40:54
you to verify it. We're going to give you a chance
1:40:56
to speak and tell us what you did to cause your your
1:41:00
incarceration and why you think you should be released.
1:41:03
We'll take warden comments if they have any.
1:41:05
We'll allow public comments from three supporters and three in
1:41:10
opposition. The district attorney's office
1:41:13
will given be given a chance to speak and we'll conduct a parole
1:41:17
interview with you and we'll allow your attorney to finish it
1:41:21
up. So let's begin today.
1:41:24
We have for parole consideration Leonard Burkholder COC number
1:41:28
491565 who's the 1st felony offender who was convicted of
1:41:34
manslaughter reduced from second degree.
1:41:37
Murder. On February 28th, 2010 and was
1:41:41
sentenced to serve 30 years hard labor in Saint Tammany Parish.
1:41:46
Your parole eligibility date is 3/25/26.
1:41:50
Your good time date is 10/11/26 and your full time date is 4535.
1:41:58
Does that sound correct to you? Yes, Sir.
1:42:03
All right, so we'll let you lead it off.
1:42:06
What? What did you do to cause
1:42:08
yourself to be incarcerated and why?
1:42:10
Do you think? It's a good time to release you
1:42:12
now. That made some terrible choices
1:42:18
in my late teens and early 20s, choices that led to me selling
1:42:22
drugs, and no decision was worse or more harmful than the one I
1:42:27
made on October 7th of 2004. And that was when I sold 5
1:42:32
methadone wafers. My friend Nicholas Piero, who
1:42:35
later consumed them, overdosed and ultimately died as a result,
1:42:42
and I would like to take this opportunity, if I may, to
1:42:45
apologize to the Piero family and just let them know how how
1:42:52
deeply sorry I am for my careless and reckless actions
1:42:56
all those years ago. They played a part in Nick's
1:42:59
untimely death, and though that was never my intention, I know
1:43:04
that I still call is their family a great deal of grief and
1:43:06
a heartache, and there are no words that can express how
1:43:10
remorseful I am or how regrettable those past actions
1:43:15
are. But I am truly, truly sorry for
1:43:21
my actions and what I've done. And the pain is as far as their
1:43:24
family, as far as parole. The younger version.
1:43:31
Of myself was not a very good decision maker last forethought
1:43:38
didn't really give much thought to you know the consequences my
1:43:41
actions could have and the. Impact that it could have on.
1:43:43
Other people's lives, I had very limited education and job
1:43:49
skills. I had a poor work ethic, which
1:43:53
made, you know, obtaining employment difficult.
1:44:00
But I've taken the situation very seriously from the
1:44:02
beginning. And at the beginning of my
1:44:06
incorporation, I chose to take a hard, honest look at myself, to
1:44:11
take a moral inventory and try to identify some of the flaws of
1:44:14
my character. And I've used the programming
1:44:18
and resources available to me to, you know, grow and mature
1:44:23
and try to correct those flaws. Today I'm far and away a better
1:44:29
decision maker than I was 20 plus years ago.
1:44:34
I give a lot of thought to my actions and how it might affect
1:44:38
not only myself, but the the lives of others around me.
1:44:41
And I've improved my work ethic. I've developed a strong work
1:44:47
ethic. I placed an emphasis on
1:44:49
education, furthering my education, obtaining job skills
1:44:54
across multiple fields so that I'll be better equipped to gain
1:44:59
meaningful employment whenever the opportunity arises.
1:45:04
I have an amazing support system with family and friends who love
1:45:09
me and are willing to support me in transitioning into a normal
1:45:13
life. I have an out of state residence
1:45:17
plan with a Interstate compact in progress to Texas and I have
1:45:24
employment lined up. I have everything I need to make
1:45:30
a successful transition from prison back into society and
1:45:34
everything I need to be successful going forward.
1:45:36
Should I be given the opportunity?
1:45:46
Do you, you or your staff have any comments to add to Mr.
1:45:49
Burkhalter's statement or to his behavior there while he was
1:45:53
incarcerated with Y'all? Yes, Sir.
1:45:56
So he has a total of seven write ups.
1:45:58
This is the corporation here at Elaine Hunt.
1:46:00
He's currently a corporate tuner or he's taking more multiple
1:46:04
occasional programs. He's AANA.
1:46:07
He's the president of the Health Fitness Club and I've been here
1:46:11
three months, but I've talked to other staff members that hasn't
1:46:13
been here a long time. And they said any time anybody
1:46:16
to volunteer or help, he's very helpful and they have no
1:46:19
problems and no issues with the battle.
1:46:20
All right, thank you very much. Today we have people here
1:46:29
speaking in support. We have Jane Hogan, the attorney
1:46:36
who's here present and wants to speak.
1:46:39
We have a friend, Alicia Roble, a best friend who is on Zoom but
1:46:46
not speaking. We have Mark Bruton, a
1:46:52
brother-in-law who's would like to speak, Tina Bruton, a sister
1:46:56
who would like to speak, and Linda Larpenteur, an aunt who
1:47:01
would like to speak. So I know Miss Hogan wants to go
1:47:04
last, so so we'll start with Mark Bruton.
1:47:08
Would you step to the podium and tell us what you got to say you
1:47:12
got? To see me.
1:47:16
That's fine. OK, that's good.
1:47:21
Thank you for the opportunity to talk to you guys this morning.
1:47:23
I just wanted to follow up on what Paul was saying.
1:47:28
I've only known Paul for letter Paul for since 2016 when he and
1:47:34
his me and his sister started dating.
1:47:39
And I do plan on providing him employment with the company I
1:47:44
work for in whatever capacity. There's several different
1:47:49
opportunities he's going to have to find his way.
1:47:52
We have a housing, you know, set up for him to live with us.
1:47:58
So every every resource we have available to make his transition
1:48:03
as smooth to be a productive citizen to our society.
1:48:08
And I will add also my career. I've hired and evaluated
1:48:12
hundreds of people for employment and I feel like I've
1:48:15
been pretty successful in my career of judging a man's
1:48:18
character. And I will have to say that, you
1:48:20
know, I'm 100% confident that that should you guys choose to
1:48:26
let Paul out, then he will be a very solid contributor to
1:48:30
society. Thank you.
1:48:34
Thank you. Next we'll hear from Tina
1:48:37
Bruton. Good morning.
1:48:40
I'm Tina Bruton. I'm Leonard Jagger's sister.
1:48:44
I've been walking this journey with him.
1:48:47
For the last 20. One years and today I just want
1:48:50
to speak of the complete transformation that has happened
1:48:55
in his life and the maturity. That he has.
1:48:58
Gained as a man and as a human being, and we are in complete
1:49:03
support of him financially, emotionally and spiritually.
1:49:07
To help his. Transition as he were to come
1:49:10
home, if that were to be granted.
1:49:12
I would just ask that you. Would to kindly please consider
1:49:17
his his choices. That he has.
1:49:20
Made to support his growth thus far.
1:49:25
Thank you. We also have.
1:49:31
Linda. Larpente.
1:49:33
Yes, Sir, I'm Paul's aunt and his, his his his dad is my
1:49:40
brother. I've.
1:49:42
Been coming to see. Paul with since he's been here
1:49:45
at Wayne Hunt or whatever the number of years are, I don't
1:49:49
even tell anymore. I.
1:49:51
Started coming with my mother who is now deceased.
1:49:54
I've also brought my 3 granddaughters as they've as
1:49:58
they've come along. Over the.
1:50:00
Years. To, you know, visit with Paul
1:50:03
Leonard. Paul.
1:50:04
We call him Paul. If that's his middle name, his
1:50:07
dad was. Called Leonard.
1:50:08
Anyway, we've come to see him as often as we could.
1:50:13
The girls love him. He's been kind, he's gentle,
1:50:17
he's respectful, he pays attention to them, he listens to
1:50:21
them. He has matured in ways that
1:50:25
watch the maturity. The.
1:50:27
First thing he did was to get his GED one once he was
1:50:30
incarcerated and he's taken so many other have some of his
1:50:36
records at my house and I've. Got the list of.
1:50:40
The classes and the courses that he's passed to to better himself
1:50:44
and to. Be sure that at.
1:50:46
Whatever point he is released, he would be able to gain
1:50:51
employment. I he, he's.
1:50:56
We talk all the time. We talk on the phone.
1:50:57
All on a. Regular basis he we talk about
1:51:01
his work in. In in the.
1:51:03
Shop where he, you know, he, he's building things, he's been
1:51:06
in the wood shop, he's been in the jewelry shop and it's, it's
1:51:10
always a joy to spend. Time with him.
1:51:13
And should he be released, he has the complete.
1:51:16
Support of our. Family.
1:51:17
My granddaughters love him, I love him.
1:51:19
My husband is on board. If he were to need to stay in
1:51:22
Louisiana for any reason, he would have a place to stay with
1:51:25
us. I live in Ponchatoula and we
1:51:29
pray that you will have mercy on him today.
1:51:33
Thank you. All right.
1:51:36
We also have some people in opposition who would like to
1:51:40
speak. We have Mr. Butch Wilson with
1:51:43
the 22nd JDC district Attorney's office.
1:51:47
Have Captain Kevin Swain. We also have Robert Pirro.
1:51:55
The we. The all three of those.
1:51:59
Want to speak and we also have present but not speaking, Rose
1:52:05
Gennaro and Janet Bray. You want to have his attorney?
1:52:10
We'd like to hear from his attorney first.
1:52:12
Say that again. I'd like to hear from his
1:52:17
attorney first. Miss Hogan, We we're going to
1:52:21
let her speak last, but not after.
1:52:24
Not after opposition. Opposition speaks last, All
1:52:30
right. Let's hear from her turn.
1:52:33
Thank you, Mr. Barra. Miss Ladue, Mr. Celis would just
1:52:37
like to say that I've had the pleasure of representing Mr.
1:52:40
Burkholder for about 5 years now for different things.
1:52:44
All of the comments that you have heard this morning about
1:52:47
his character are 100% accurate. He is a man of integrity.
1:52:52
He has taken every opportunity to better himself.
1:52:56
He is currently a tutor in the VO tech.
1:52:59
He's been tutoring other people for about 15 years, teaching
1:53:03
others the skills that he has learned to better other people's
1:53:07
lives, not just to enrich himself.
1:53:10
This is really not a typical. I know that this is more
1:53:13
probably recognizes this is not typical of the manslaughters
1:53:16
that this board. Is used to.
1:53:18
Seeing and Mr. Burkholder is not a typical individual.
1:53:21
That is not to minimize the life that was lost in this case in
1:53:26
any way. And it's not to diminish the
1:53:28
utmost remorse that Mister Burkholder feels for the loss of
1:53:32
his friend, which he caused by by his actions 21 years ago.
1:53:39
This is an this presents an opportunity for this board to
1:53:42
release Mr. Burkholder with conditions.
1:53:45
Whereas if he were to good time out, he would good time out
1:53:49
without conditions of release. Mr. This board can set any
1:53:53
condition for release on Mr. Burkholder.
1:53:55
He willingly comply with anything, whether it's attending
1:53:58
substance abuse meetings or or anything of the sort.
1:54:02
He has out of state residents lined up.
1:54:05
He's a low risk, he has low tiger score.
1:54:08
He is a member of the veterans dormitory mentorship program
1:54:13
where he is mentoring people. And he has spent well over a
1:54:17
decade without a write up and only 7 write ups total.
1:54:20
And the last write up we had was.
1:54:22
Was. Minimal so for all of these
1:54:28
reasons. We would ask.
1:54:30
This board to look at the. Totality of of this case and who
1:54:34
Mr. Burkholder is and what he has achieved in light of his
1:54:38
circumstances, he is a first offender.
1:54:40
He was 23 years old when he made these decisions that led him to
1:54:44
prison. And for all of these reasons,
1:54:46
we'd ask this board to take the opportunity to to grant his
1:54:49
parole and to impose any conditions of release that it
1:54:52
deems fit. Thank you.
1:54:58
All right. Now we'll hear from.
1:55:00
Opposition Mr. Butch Wilson with the 22nd JDC District term he's.
1:55:16
Still on. Mute want to let him go last.
1:55:22
Step Can you all hear me? Yes, hello, Yes.
1:55:30
Oh, am I going last or are the family members speaking first?
1:55:35
It does. It doesn't.
1:55:35
Matter to me. You want to go laugh?
1:55:38
Yeah, I'd prefer that, actually. All right.
1:55:42
And we'll hear from Captain Swain.
1:55:46
Good morning. We're back to the board with
1:55:58
serious job that y'all have today.
1:56:01
My name is Kevin Swan at Catholic Selfish department ran
1:56:04
investigations during the time of this incident.
1:56:09
Self Police Department strongly opposes any early release or
1:56:13
remind the board the original charge.
1:56:16
Second degree aside, there was a very strong case and there was a
1:56:21
lot of conversations with the family and also with district
1:56:25
attorney's office. We thought the full term was
1:56:28
appropriate. Family thought that happened and
1:56:31
that's why the agreement was entered into.
1:56:34
So selfish department family fully opposed any early release.
1:56:39
Just want to remind the board which you're aware of.
1:56:43
What's the other if he would have went to trial and found
1:56:46
guilty, he. Would not be.
1:56:46
In front of the board today. So if you have any questions of
1:56:50
me, I'll have to answer them. But we strongly, strongly oppose
1:56:54
any early release this in division.
1:56:57
Thank you. I don't have any questions to
1:56:59
anybody else. No, no question.
1:57:02
Thank you. All right, we got Mr. Robert
1:57:06
Piero. On the morning of October the
1:57:30
8th 2004, my wife changed her. My wife was in the kitchen and I
1:57:38
asked her what time the extend appointment was.
1:57:41
She said she was going to wake him up.
1:57:44
She went to this room, the door was locked.
1:57:46
She found the smallest screwdriver would open the door.
1:57:50
I heard her screaming and crying and I rushed into the room
1:57:54
because she was holding some. She told me to call 911.
1:57:59
Something was wrong with Nick. He was not moving, his body was
1:58:02
cold. Darlene was screaming to get
1:58:05
help. I ran across the street and it's
1:58:08
the name of the health. He came over and didn't know
1:58:11
what to do. My wife was crying and begging
1:58:14
to do something as she was holding her child in her arms.
1:58:20
I went outside when the police survived they sent the next
1:58:23
room. Police officer walked inside and
1:58:26
he came out and took off his gloves and said I'm sorry.
1:58:30
My wife was screaming and she helped her dead child.
1:58:33
Almost seconds later the EMT survived and helped the police
1:58:38
officers. They confirmed my child instead.
1:58:42
Police asked us to go into another room while they started
1:58:45
the investigation. I heard EMS and police say it
1:58:49
was a very possible overdex. They said they have seen a lot
1:58:53
of these cases lately and this is a serious harm in the parish.
1:58:59
I called my wife's parents to tell them that their grandson
1:59:02
was dead. I.
1:59:05
Called my daughter's. School and told her Nick was
1:59:07
dead. Come home right away because we
1:59:09
need her. I called my mother to tell her
1:59:12
Nick was dead. Please call my sisters.
1:59:16
This was a horrible. Nightmare My wife and I were
1:59:19
zombies. It's going to be real.
1:59:21
My only son was dead. I was in shock.
1:59:25
My daughter and my in laws had to make the Funeral
1:59:27
arrangements. Days passed we were able to see
1:59:32
our son at the wake. When I saw my little boy in the
1:59:35
coffin I was in shock. Next funeral was packed Hundreds
1:59:40
attended a wake the next day the church was packed.
1:59:44
My son was a very kind, loving person.
1:59:48
He liked every money. Now he came up.
1:59:51
A man came up to me at church, person I had never met, and told
1:59:55
me a story about how he got my son.
1:59:58
He was riding his bike by the movies where my son worked.
2:00:02
I asked Nick if he could help. Nick gave me some money to get
2:00:07
something to eat. He found out later about Nick's
2:00:12
to death from the people who work at the movies.
2:00:17
He asked me if he could sing the mess.
2:00:20
I told him that we've already had someone but he could sing at
2:00:23
the graveyard as well. Yes he did sing at the
2:00:26
graveyard. I thought that would be make my
2:00:29
son happy. I hate October the 8th.
2:00:33
I remember my wife screaming and crying.
2:00:36
Some days while I'm driving and working, I see my wife crying at
2:00:40
home and not son. This happens during the day,
2:00:45
while I'm awake, when I'm sleeping.
2:00:48
It's worse when my wife and I see Nick's friends with their
2:00:53
wives and children. I think of all the things I can
2:00:57
miss. I miss the girl.
2:01:00
I've something with Mary. I miss this wedding, and I miss
2:01:05
the children and the grandchildren that I would never
2:01:08
see. I miss his birthday.
2:01:15
The holidays are a joke. It took me 15 years to put up a
2:01:20
Christmas tree. Yeah.
2:01:21
My son's death. My son loved homemade
2:01:24
hamburgers. He would bring him to his work
2:01:27
for his friends to enjoy after his death.
2:01:31
It took me 9 years to make a burger.
2:01:36
I was a very, very angry person. People noticed.
2:01:41
I tried to conceal my anger had changed, lost friends, lost
2:01:45
work. I prayed every day for God to
2:01:48
control what was burning inside me.
2:01:52
After the convicted murder was sentenced that day, the anger
2:01:55
started to subside. On July the 23rd of 2005,
2:02:01
shortly after the drug deal was arrested, the newspaper and
2:02:05
local TV stations reported the story.
2:02:09
My mother who is from a large Italian family, she called and
2:02:14
she asked me why I didn't tell her no, I'm sorry, I'm sorry.
2:02:19
When my mother called, her first question was, is it true?
2:02:23
Did Nick die from an overdose? I told her yes, it was true.
2:02:31
My mother is from a large Italian family.
2:02:33
She asked me why I didn't tell her.
2:02:35
I explained her to her that the drug dealer ran when the police
2:02:38
started the investigation. The police talked to my wife and
2:02:42
I and told us not to discuss anything about Nick.
2:02:46
At the time I was running a local bingo hall.
2:02:49
I was told people may ask questions about Nick to give to
2:02:54
his. Defense attorney.
2:02:56
We kept quiet. Only my wife, myself and my
2:03:00
inlaws knew what was going on with my mother, informed me that
2:03:05
her sisters called her and asked questions and she was very upset
2:03:09
with me. I thought my mother would tell
2:03:12
me she was happy the police called the person who sold drugs
2:03:15
to my son and children. Instead she told me I
2:03:20
embarrassed her in front of her family, my sisters and brothers.
2:03:25
I was shocked. I told my mother from this day
2:03:29
forward I would never speak to her again.
2:03:33
I told my sisters that when she dies, don't bother calling me, I
2:03:36
don't care. Years later, my sister called me
2:03:39
and told me my mother was in the hospital time.
2:03:43
I didn't go. Days later, my mother died.
2:03:45
I did not attend my family. This decision impacted my life
2:03:49
forever. I shall love you mother and
2:03:57
father. I will ask God to forgive me
2:04:01
every day until the day I die. I went to the graveyard son
2:04:07
morning and I spoke to my son Nick in the young man named
2:04:11
Aaron who was in a crip pit feet from my son Aaron who died three
2:04:17
days later. Before my son died of the same
2:04:23
drug combination, I told him I would fight him here.
2:04:29
I feel that this person gets paroled, he will sell drugs
2:04:32
again and other children will die.
2:04:35
This will destroy other families.
2:04:37
And I'm here to ask the board, the police deny this request.
2:04:43
Thank you if you all have any questions.
2:04:45
I could have wrote for hours of what this has done to my wife
2:04:49
and I and it's a it's something I would never wish on my person.
2:04:56
And until you see and hold and watch your wife holding your
2:05:00
head shot. And we live through this every
2:05:05
today. He got 30 years.
2:05:08
We got a life sentence for Crimea.
2:05:12
And again, my son was not the only person you'd be
2:05:15
responsible. There's a third person, Casey,
2:05:18
who is here to that podium. And I see Casey and I talk to
2:05:23
him. He died a month later.
2:05:25
And I told Casey, thank you Aaron, my son, that I would be
2:05:29
here for self support and. I thank you for your time.
2:05:35
Thank you. All right.
2:05:39
And then I will hear from Mr. Wilson muted that better.
2:05:54
OK, good morning. I I don't have a lot to add to
2:05:59
what we've already heard today. I know y'all have been provided
2:06:03
with the report I'm looking at right now, this free parole
2:06:08
investigation that is very well written and informative.
2:06:12
There are just two details in that report that I would accent
2:06:17
for the board on the synopsis. The factual synopsis is
2:06:23
contained. The report makes mention of the
2:06:27
fact that after Mr. Pirro had died, the police had sent an
2:06:33
informant in to make a control purchase of of drugs from Mr.
2:06:39
Burkholder. And the report states that
2:06:42
Mister Burkholder told the informant he was upset about Mr.
2:06:46
Pirro's death as he considered Mr. Pirro his, quote, boy and a
2:06:50
good customer. After Mr. Burkholder was
2:06:53
arrested, he was interviewed by the police and the report notes
2:06:57
Mr. Burkholder admitted that he sold 5 methadone waivers to Mr.
2:07:01
Pirro the day before he died. Mr. Burkholder also stated that
2:07:05
when he heard that Mister Pirro had died, he thought it might be
2:07:09
related to the methadone waivers.
2:07:13
But this didn't stop him from continuing to deal drugs in
2:07:17
spite of the fact that the dope that he had sold had killed a
2:07:20
teenager. This is the salient fact in this
2:07:25
matter to us. And on behalf of the district
2:07:29
Attorney's office, we ask you to deny parole.
2:07:32
Thank you. It's all the people that we had.
2:07:41
That want to. Speak today.
2:07:44
We do have opposition from the Sheriff's Office.
2:07:49
We have opposition from the chief of police and from the
2:07:52
attorney General's office. All right, your case is assigned
2:07:58
to me. I'll ask the 1st set a question.
2:08:02
And is this your first time appearing before the parole
2:08:05
board? Yes Sir.
2:08:16
I really don't have any questions.
2:08:17
This case is self-explanatory. Do you want to add anything?
2:08:22
To what you originally said about this case, the only.
2:08:26
Thing I could ask you is. Why do you you know, why do you
2:08:28
think you you deserve to be released today?
2:08:33
I. Think that you know I'm not the
2:08:35
same person that I was. 20. One years ago.
2:08:38
So again, I made some terrible decisions in my late teens and
2:08:42
early 20s, and I've done everything I can.
2:08:45
I've given my best effort, you know, to change from that person
2:08:49
and to the man that I am today. Thank you, Christiansen.
2:08:54
All right, that's all the questions I had.
2:08:57
Mr. Timpson, how old were you at the time?
2:09:02
You said 22/21/23. Was Mr. the victim, Was he a
2:09:10
friend of yours or you just He. He was a friend, but briefly, I
2:09:17
would say for about a year. I met him through some other
2:09:19
mutual friends. How old was he?
2:09:22
I believe he was 18 and you were 2223.
2:09:27
Yes Sir. Were you selling?
2:09:29
Were you using drugs too? Marijuana was my drug of choice.
2:09:37
I was smoking marijuana and then from my mid teen years and that
2:09:42
remained my drug of choice as I got older.
2:09:43
So that was pretty much my drug of choice.
2:09:47
Have you used drugs since then? Is there prostration?
2:09:54
What about, I see you've taken a lot of classes and stuff.
2:09:58
What are, what are the, what are the ones that impact you the
2:10:00
most? Obviously the the vocational
2:10:05
classes, you know. Have an impact?
2:10:08
As far as, you know, making me equipped to find employment, you
2:10:12
know, whenever that time comes. But I think the class that most
2:10:16
impacted me on a personal level was a victim impact and just
2:10:22
hearing, you know, victim impact statements and how people were
2:10:26
affected by crimes. You know, when they suffer loss
2:10:31
and and suffer something that's devastating.
2:10:35
I think a lot of people at the Commission of their crime, they
2:10:38
don't really realize that it's going to have on, you know,
2:10:44
other people. Like the ripple effect is it's
2:10:47
so mind boggling how many people are affected by a crime.
2:10:52
And I know that what I've done is, you know, it's caused
2:10:57
someone to lose their life and it's caused a family to lose
2:11:00
their loved 1, you know, parents to lose the child, aunts and
2:11:05
uncles and grandparents or affected classmates, friends,
2:11:10
teachers, friends of those friends who.
2:11:13
Have to be there. For support for people to lean
2:11:15
on, I understand that. You know what I did, it was very
2:11:19
devastating to a lot of people that I interrupted a lot of
2:11:22
people's lives. Again, I was a young,
2:11:27
irresponsible person at that time.
2:11:31
And since then, I've tried to control my path going forward
2:11:36
and just to transform into a better person, to make better
2:11:41
decisions and to, you know, have some thought as to how my
2:11:47
actions can impact other people and other people's lives.
2:11:50
And I think I've done a, a good job at, you know, changing from
2:11:54
the person that I once was and to the man that I am today.
2:11:58
How long did you sell drugs to him that you can remember or
2:12:07
about the length of our friendship?
2:12:09
For about a year. He was introduced to me for that
2:12:13
sole purpose, just introduced to me through mutual friends and
2:12:19
and that was basically our acquaintance, but we built a a
2:12:23
friendship I guess through that through the constant contact and
2:12:25
interaction. The.
2:12:28
Drug selling drugs was pretty good money then, was it?
2:12:32
What was that good money? Notes are it It really wasn't
2:12:38
all that great. I think the, the main reason
2:12:42
that I even got into that was, as I said, marijuana was my
2:12:45
brother choice. And the guy who I was getting my
2:12:49
marijuana from just happened to have pills and things like that.
2:12:52
And it became, I was the middle man for a long time, just my
2:12:58
circle of friends, you know, that we're looking for things.
2:13:01
It was easy and convenient. And one day I just had the, the
2:13:05
brilliant idea to stop putting the money in somebody else's
2:13:08
pocket into my buddy's pocket and just put it into mine.
2:13:11
And it really wasn't all that great money, but it allowed me
2:13:14
to get my marijuana pretty much for free again, you know,
2:13:19
hindsight's, you know, 2020 and all of these decisions, you
2:13:24
know, you look back on them and they're just, they're terrible.
2:13:26
I would raise better than that. You know, I borrowed a lot of
2:13:30
shame to my own family and my parents and, and everybody
2:13:35
that's had a hand in raising me is raising me with good morals
2:13:38
and principles and values. And I just made bad decisions
2:13:42
and any decisions that I made, you know?
2:13:44
Should have their bearing. On them and how they raise them.
2:13:47
I just, I was young and dumb and irresponsible.
2:13:52
Do you feel like maybe you might smoke a little marijuana later
2:13:58
on if you're released? I was drug.
2:14:02
Free in the months leading up to my arrest and I've been drug
2:14:05
free for the past 21 years. I have no desire to use drugs,
2:14:11
however, I understand that addition can be a tricky thing
2:14:16
and I'm willing to take classes, A&A classes wherever I'm going
2:14:21
if I'm released or any other substance abuse classes if the
2:14:24
board games necessary. I have no problem with that.
2:14:29
Have you taken any? Have you gone any since you've
2:14:32
been incarcerated? I've taken a, A and NA and
2:14:35
substance abuse. Yes Sir.
2:14:38
Great. I have one more question for the
2:14:41
I'd like to understand better the program you were involved
2:14:46
in, the Veteran Mentorship program.
2:14:50
Can you explain that to me please?
2:14:54
It's a program. Originally it was designed to
2:14:59
help incarcerated veterans, but there are so few of them that
2:15:03
they wanted to bring in other guys who I guess it was
2:15:06
exhibited qualities of leadership to help mentor other
2:15:10
young guys that were coming into prison to try to give them
2:15:14
skills and things like honesty and integrity to to kind of
2:15:18
guide the younger guys that seem lost in their way.
2:15:22
And the program has been really great in that regard.
2:15:27
And so they just, they build up mentors and help those mentors
2:15:30
go out and kind of mentor other younger adults.
2:15:35
So you live in a dorm with, I mean, so you have a special dorm
2:15:39
that you live in. And it's my understanding that
2:15:43
if you have any kind of disciplinary problem or
2:15:47
anything, then you're removed from that program.
2:15:50
Is that correct? And how long have you been in
2:15:54
that program? I've been in that program since
2:15:56
2018. OK.
2:16:01
You got your GED while you were incarcerated?
2:16:04
Yes, ma'am. That was the first thing I did
2:16:05
in 2006. And then you also got a, a, a
2:16:12
craft diploma for your carpentry work?
2:16:17
Yes, ma'am. Carpentry and fiber optic
2:16:20
installation and just a number of different fields through
2:16:25
NCCER, which is a, a big, I guess construction type of
2:16:29
overseer. And then who are you 2, when it
2:16:34
says you're a registered tutor? What are you?
2:16:37
Who are you tutoring? And then what subjects?
2:16:40
We have other inmates that come through the vocational classes
2:16:43
like Auburn Tree and welding and air conditioner refrigeration.
2:16:48
My specialty is a Parliament tree and we usually have 10 and
2:16:51
12 students. At a time.
2:16:54
And they rotate as they go to the.
2:16:55
Levels of their classes. And I usually have 10 and 12
2:16:59
students. So you're you're tutoring those
2:17:05
new to the program. OK, those are the questions I
2:17:13
wanted to ask. I just needed that
2:17:15
clarification. You have had pre release, right?
2:17:19
Yes, ma'am. OK, other questions you have
2:17:25
Miss Lindy. Yes, yes, yes.
2:17:30
And I have questions. No more questions.
2:17:32
All right, I'm going to ask for an executive session. 5 seconds.
2:17:38
All righty. They're going to discuss things
2:17:47
while they do that. Let's go to Michigan.
2:17:51
We'll see what's going on with Judge Simpson on the other
2:17:57
matter. Defendant is bound over to
2:17:59
Circuit Court on 134, so he's bound over to Circuit Court on
2:18:07
all 10 counts. We acknowledge receipt of
2:18:13
information in both matters. Waive reading.
2:18:15
Stand mute. And in every.
2:18:17
Way formal reading Standing mute.
2:18:18
Court will enter not guilty plea as to all charges.
2:18:21
Pretrial will be set for March 31st, 2026, 1:30 before Judge
2:18:30
company. Thank you.
2:18:33
Bond will continue. In this case, it's matcher
2:18:51
because the case of the people versus Warner, Ali, Thomas and.
2:18:57
It's probably defending Nick Buckovich for Mr. Ali Thomas,
2:18:59
who is now approaching. Mr. Ali Thomas, can you please
2:19:05
state your name for the record? Warner, Victor Ali Thomas, Thank
2:19:09
you. Before me.
2:19:12
Plea form that indicates the defendant will be pleading
2:19:14
guilty. Charge of attempted resisting
2:19:17
and obstructing a police officer.
2:19:18
First responder to one year offense funded successfully to
2:19:22
that charge. Counts one through 3 would be
2:19:28
dismissed. Well, yes, counts one through 3
2:19:33
would dismiss, and count 2 is going to have to help me.
2:19:43
I got one through 3 in this case would be dismissed.
2:19:47
Then there's another District 15 District Court case where I
2:20:00
don't. All right.
2:20:02
If I need. A global resolution work to
2:20:04
resolve court cases. OK.
2:20:08
The plea hear will call for Mr. Polly Thomas.
2:20:14
We plead guilty to attempted resisting and attracting a
2:20:17
police officer in the case before the court today.
2:20:20
We will then dismiss counts as an head account 4.
2:20:23
Dismiss counts one through 3. Then.
2:20:27
We will dismiss 15th District Court case number 26034 SM.
2:20:33
That's the case in its entirety. We'll dismiss in the court case
2:20:37
number 260048 SM in its entirety.
2:20:41
That's a large thing under 200 and two in 15th District Court
2:20:45
case 260033 SM, which which is already at 15. 20 at. 15.
2:20:54
And then? Part of this is he's also ready
2:20:57
to plead guilty to attempted a police officer in twenty 15th
2:21:04
District Court case #260033S, and then he's agreeing to pay
2:21:10
restitution to be determined at all dismissed counts from the
2:21:14
cases in that we talked about here.
2:21:18
And then there's a sentence agreement also to probation.
2:21:22
OK. That would be the court's full
2:21:24
understanding that your understanding, Mr. Buckarridge.
2:21:29
Yes, as my standing also in addition APH and next Chief,
2:21:33
there's a city case that C indicate would be dismissed once
2:21:35
these two cases are upright too as well.
2:21:39
I read that may not be on there, but that is an e-mail chain with
2:21:41
me and Mr. Chabavowski that Jan Janetzky agreed to dismiss the
2:21:45
city case. Yes, that's part of the whole
2:21:49
global resolution. But.
2:21:53
OK. But that's a city case, not a
2:21:56
state case. Yes, that's correct.
2:21:59
That's correct. OK, All right.
2:22:02
Understood. May I have him sworn?
2:22:05
It's right here, you selling short, affirm the testimony
2:22:08
you're about to give and be the truth, the whole truth, but the
2:22:10
truth. So he got.
2:22:11
By God as well. State your name please.
2:22:14
Warner, Richter, Ali Thomas Third, this is court to
2:22:17
understand you're going to be pleading guilty to the charge of
2:22:20
attempted resisting and obstructing a police officer
2:22:23
first responder. That's a misdemeanor punishable
2:22:27
by up to one year incarceration and a $1000 fine plus court
2:22:31
cost. Do you understand that?
2:22:33
Yes, I do. You understand also that while
2:22:37
I'm taking your plea, I would not be your sentencing judge and
2:22:40
you would be sentenced before Judge Garwood into 15th District
2:22:42
Court. NRO, pardon.
2:22:47
NRO tell you, yes, Sir, no. Understanding all of that, how
2:22:56
do you plead to that charge? You understand that by pleading
2:23:05
guilty you will not have a trial of any kind.
2:23:10
You need a very answer, yes. Sir.
2:23:11
Yeah. Yeah.
2:23:14
You signed any divisive rights form or had one cause to be
2:23:16
signed on your behalf? Yeah, I have.
2:23:20
Do you have any questions regarding any of those rights?
2:23:23
No, I don't. Please look at paragraph 5.
2:23:25
You'll see a copy on the podium. Those are your rights which are
2:23:28
part of a trial. You understand that by pleading
2:23:30
guilty you'll be giving up those rights as well as all the rights
2:23:33
on the form? You understand you're giving up
2:23:35
your right to appeal of right? Yes.
2:23:37
Are you on probation or parole? No.
2:23:40
Has anybody promised you anything other than what's was
2:23:42
stated here today on the record? Not.
2:23:44
At all. Has anybody threatened you or
2:23:46
coerced you? Not at all.
2:23:48
You're doing this voluntarily? Is that a yes?
2:23:53
Yes. Of your own free will?
2:23:57
Yeah, for sure. For sure.
2:24:01
Well. I'm done.
2:24:05
You had it. That's because he's the second
2:24:06
queen. Now so.
2:24:16
Mr. Bukovich, I'll give you 2 weeks to figure out how to tell
2:24:20
your client to behave in my courtroom.
2:24:24
You. Said your Honor.
2:24:27
Poor Colt's case. People versus well, that's
2:24:31
unfortunate. Don't do that in Judge Simpson's
2:24:35
court. Let's go back to Louisiana, get
2:24:37
their decision. All right, the board is called
2:24:51
back to order coming out of executive session.
2:24:55
We'll time the vote. So we'll let miss Ledoux.
2:24:59
Cast the first vote. OK, Mr. Burkholder, the
2:25:09
situation in this case this tragic, however, I have to look
2:25:15
at six different factors when I make a decision.
2:25:18
It's very evidence based and I look at first of all the risk to
2:25:24
public safety. And in this case, I do not feel
2:25:27
that you are risk to public safety going forward.
2:25:31
You have served 21 of your 30 years, but but it's the manner
2:25:36
in which that you have served by taking advantage and being a
2:25:42
productive member of that community.
2:25:47
You have excellent programming. You've given back as a tutor,
2:25:50
you have good behavior, You have excellent plans for moving
2:25:56
forward. My vote today is going to be to
2:25:58
grant parole to your Interstate compact only and that you avail
2:26:04
yourself to AANA meetings at least once a week for the first
2:26:09
year. So that's my vote today.
2:26:16
But Dyllis. Mr. Leonard.
2:26:25
I I believe that this is difficult you you have shown
2:26:37
remorse. I don't think you're at risk to
2:26:39
public safety. I think that you're serving that
2:26:45
time. My book today is is going to be
2:26:48
to concur with this. Do the grant all right.
2:26:57
Like Mr. Tiller said, this was a tough case.
2:27:01
I don't believe you intended to kill the man, but you did.
2:27:12
But you have served well your time well while in custody and
2:27:17
you have bettered yourself. So I'm going to vote to concur
2:27:23
with my colleagues and grant you parole on the condition that you
2:27:26
have no contact with the Purell family, that you do not return
2:27:31
to Slidell, LA for any reason whatsoever, that you complete
2:27:36
outpatient substance abuse treatment, and that you attend a
2:27:40
a meetings and NA meetings at least one time per week.
2:27:46
So based on that your today your parole has been conditionally.
2:27:51
Granted, good luck. Approved.
2:28:11
Approved. All right.
2:28:16
I don't know if they made the right decision or not.
2:28:19
I'm kind of torn on that one, but.
2:28:22
Good for him. Hopefully he makes something of
2:28:24
his life and lives it honorably. All right, back to Judge
2:28:28
Simpson. Bridget, Nicole, back.
2:28:39
Thank you, ma'am. What are we doing?
2:28:43
Your Honor, I've. Provided Mr. Chevalovsky with
2:28:46
some medical information. I don't know.
2:28:48
It's been probative at all, Your Honor.
2:28:55
I have sure turn into it. It happens during the matter.
2:29:02
April 2nd, 2026, 9:00 AM. Bond continue.
2:29:05
Thank you, honor. I will submit a green sheet.
2:29:08
Right. Thank you.
2:29:18
Workouts case people works with Mario Crawford.
2:29:21
You're Raven Cook with people probably.
2:29:25
I'm done, Your Honor. Pardon.
2:29:30
I'll call you back. Go.
2:29:40
Ahead, Michael Gatti, Assistant Public Defender for Mr.
2:29:42
Crawford, Your Honor, State Your name, Mr. Crawford.
2:29:44
Mario Crawford, Your Honor, you're requesting an
2:29:48
adjournment. Yes, your Honor.
2:29:49
We're going to see if Mr. Crawford's a good fit for Judge
2:29:51
Washington's recovery court. If I could be heard on bond
2:29:58
Federal cost conference will be adjourned to April 9th 2026 9:00
2:30:02
AM Master bond. Your honor, he is a as a court's
2:30:06
wall where he has two cases pending.
2:30:07
One of them is $1000.10 percent. The other matter is I think
2:30:10
10,000 cash according to ex jail.
2:30:14
These he has four holes listed on ex jail.
2:30:19
None of them look like pickup type holes.
2:30:22
He is a local person. He's not a flight risk in the in
2:30:26
terms of leaving the jurisdiction or anything like
2:30:28
that. I believe he has a place that he
2:30:32
could stay over with his uncle over off of Ainsworth, over
2:30:37
there in Ipstein as well as the Delana Center.
2:30:41
I don't think. He's but these two matters I
2:30:46
believe are both 2 year matters. He's been in jail for the belief
2:30:50
100 days. There was a failure to appear
2:30:52
back in not going to gild the Lily.
2:30:54
There's a failure to appear back in last August, but I I believe
2:30:57
he's since righted that type of behavior.
2:31:00
It it so we'd ask the court for a personal recognizance bond or
2:31:04
if we if if the court's not inclined to do that with a
2:31:09
tether. If the court's not inclined to
2:31:10
do that perhaps or or release the treatment.
2:31:13
He reports he I've already signed an order for release
2:31:16
treatment on GPSI thought oh OK, it was.
2:31:20
I I thought. I only saw it on one.
2:31:21
I was going to ask for the second one.
2:31:22
I don't know if it's on both in an order I'll sign off on.
2:31:25
OK, thank you, yarn. All right, but otherwise this
2:31:28
bond will continue all the night requests at this point.
2:31:31
Thank you, Judge. You said, I think sorry, sure.
2:31:40
Court counts case of the people versus Bernard drops.
2:31:42
You're going to ring them from the People.
2:31:47
Good morning, Your honor. Handing back.
2:31:48
You're requesting permission to practice under Michigan court
2:31:50
rule 8.120 under senior assistant public Defender Joy
2:31:54
Gaines. Appreciate practice is granted.
2:31:57
Thank you. Mr. Brock, can you say your
2:32:00
name, please? Bernard, are you doing Brock?
2:32:04
Thank you. Requesting to adjourn this
2:32:05
matter, Your Honor, I believe a resolution here.
2:32:11
Probable. Cause Conference April 9th, 2026
2:32:13
9:00 AM. Bond continue.
2:32:16
Thank you. I'll be in touch, Mr. Prague.
2:32:19
Thank you, Sir. For close case people verse is
2:32:25
is Jane Cummings great just for the.
2:32:33
That's. Miss Pan, on behalf of Miss
2:32:39
Cummings. Miss Cummings, could you please
2:32:40
state your name for the record? Ajanay Cummings, John, I do.
2:32:44
Have a green sheet for her appropriate.
2:32:50
I'd like to address bond rebel cause conference will be
2:33:00
adjourned April 2nd, 2026 9:00 AM.
2:33:03
As for bond. Thank you your honor.
2:33:06
Your Honor, Currently my client has AI do believe.
2:33:10
A $2000. Bond, in this particular case,
2:33:12
we're asking if a 10% provision, I'm sorry, $1000 bond, we're
2:33:17
asking if the 10% provision could.
2:33:19
Be added to it. In addition, currently she's not
2:33:22
allowed to go home. I have it as cash 3010%.
2:33:32
I. Believe the is it.
2:33:34
This is the one that said $1000, right?
2:33:35
You told me you can't do 1000. Yeah, I can't do 1000.
2:33:39
I don't know if it's 1000. I don't.
2:33:41
Yeah, and I believe it said 1000.
2:33:42
She she is. She can't do 1000.
2:33:45
She's asking for it to be lowered to 100.
2:33:51
OK. So, Your Honor, the bigger issue
2:33:53
here is that right now there's a no go to her home.
2:33:56
Yes. And she wants to be able to go
2:33:57
back home. In this particular case, as I
2:34:01
read it, my client has some minimal feeds and while she was
2:34:05
at the house her boyfriend did call to get some help.
2:34:09
However, when the police arrived, it's my understanding
2:34:11
that he was trying to just explain that to him, but instead
2:34:14
of that, they had her try to leave.
2:34:17
She didn't understand why she needed to leave because it's her
2:34:21
home. So then she winds up getting
2:34:23
additional charges out of it, your honor, But he wants to.
2:34:28
He wants her home and she wants to.
2:34:30
Go home, I. Have a response.
2:34:39
John, I don't. Think we've had any contact with
2:34:42
the homeowner? I do recall this case.
2:34:46
I'd asked the Bobby and you. She was being.
2:34:49
Asked to leave this home and that's a volatile situation,
2:34:53
but. It's a close.
2:34:56
Misting matter. It's not a domestic violence.
2:34:59
I, I I see the charges but I'm trying to figure out, but I also
2:35:03
see the bond condition. So I'm trying to figure out
2:35:06
whose home is it. It's it's.
2:35:08
Her home, she lives there with them.
2:35:10
They live together. So this is not a domestic
2:35:13
violence case. She was.
2:35:14
No, you said that I. Understand rather.
2:35:17
Knowledge that. The.
2:35:18
Premise usually is you can't go back because of DV, not because
2:35:21
you resisted the police at your house.
2:35:25
OK, I guess I'll agree with you. But I, I this condition is here
2:35:33
because whether charged or not, there was some altercation that
2:35:37
occurred there, correct, Your honor?
2:35:39
Yes. It's my understanding it was
2:35:41
welfare altercation. Yes.
2:35:43
It was more about welfare due to her mental health.
2:35:45
He was trying to get help and it turned into this.
2:35:49
My apologies, Your honor, please continue.
2:35:51
I it's like when people talk to me, I actually hear them.
2:35:58
But if you want to keep going. I do not.
2:36:00
Oh, if you want to keep going out.
2:36:02
I absolutely. I hear and patiently Nope.
2:36:07
So the only question if they both own the premises, is that
2:36:15
what I have or is it just he may own the premises but she resides
2:36:20
there? Yes, your Honor, Yes.
2:36:24
To which one? He he, he owns, he owns it.
2:36:27
It's in his name and everything but like.
2:36:30
Live there. Yeah, for the whole time, OK.
2:36:33
Like I helped him. I'm sorry.
2:36:34
No, it's OK, I. Got the problem?
2:36:36
I just have to No, she's doing good.
2:36:39
You. Are very proud.
2:36:41
I understand that, Your Honor. So, ma'am.
2:36:44
Ma'am, how long have you lived there?
2:36:46
I've been living there the whole time since we got there December
2:36:49
3rd, December 3rd of 2025. OK, got you.
2:36:54
OK, so here's what I'm going to do.
2:37:08
I'll, I think she has a 10% privilege on the bond.
2:37:11
I will fed her bond at a 1010%. I'll just clarify it.
2:37:18
Thank you, Your Honor. Right.
2:37:21
So I'll set it at that. I I'll adjourn this out instead
2:37:26
of two weeks out, I'll adjourn it out to next week 2026 at 9.
2:37:33
That'll give them time to check with.
2:37:37
What was the? Game and.
2:37:41
What was the date? I'm sorry. 26, one week out.
2:37:44
OK, so instead of two weeks, I'm going to go one week.
2:37:47
I've made it clear on your bond is the 10% they're going to
2:37:50
check with him if it's OK then release it.
2:37:54
If they check before this date, it's a written order to me and
2:38:00
I'd sign off on it. OK.
2:38:01
Thank you, Your honor. At this point however, well the
2:38:06
bond is set there but. OK.
2:38:09
Ma'am and ma'am, if you so that you're in, so that we're clear,
2:38:13
if you post this bond before we get clarification, you still you
2:38:18
can't. I can't go home yet, right?
2:38:21
OK, now what if how do he gets in contact with them?
2:38:25
If you don't mind me asking, I. Have no idea they're not using
2:38:28
my phone. OK, OK.
2:38:29
OK. All right, Thank you.
2:38:30
Thank you. Court calls the case, people.
2:38:37
Worse is Anna Birch, Michael Gaddy, assistant public defender
2:38:42
on behalf of Miss Berkshire, on it.
2:38:44
She's approaching the podium. If she could get past Cannon.
2:38:50
Hi, Your Honor. Hello.
2:38:51
What's your name? My name is Anna.
2:38:53
Burch, I don't know if I should. Raise my hand or what?
2:38:56
OK, you don't know if what? Oh, I wasn't sure if I should
2:38:59
raise my hand or not. I wasn't sure what my name is.
2:39:01
Anna Burch. Want to raise your hand?
2:39:02
I guess there's no purposes there.
2:39:04
You want to be sworn in? No.
2:39:07
No, Sir. I didn't know I was just.
2:39:10
Trying to make everybody happy, I.
2:39:11
Don't want All right today. All right, what are we doing?
2:39:17
Yes, your name. Okie, Dokie.
2:39:39
Since he's muted, let's go back down to Texas.
2:39:42
Check back in with Judge Stevens.
2:39:49
He's does all right. In two cases are are called we
2:40:02
have 23 CR 826 which is a motion to revoke probation filed
2:40:09
October 1st of 2025. So that's heading toward a half
2:40:16
a year, which alleges, among other things, the defendant,
2:40:23
while on probation for the offensive manufacturing or
2:40:29
delivery of a controlled substance of first degree
2:40:31
felony, he committed the offenses of illegal possession
2:40:35
of a controlled substance. And then also #2 associated with
2:40:42
this a disreputable person and was present where they were.
2:40:46
A criminal act was being committed on that same day where
2:40:50
he is allegedly committed to the offense allegedly allegation one
2:40:55
of the motion to revoke probation.
2:40:57
This indictment ended up on July 30th.
2:41:02
That was that's a that was once a day on probation Judge.
2:41:06
There's another case. He was placed on probation June
2:41:11
9th. So this, well no.
2:41:15
This is on or about August August 27th 2020, 24th a year
2:41:21
before. April.
2:41:23
Wow, that thing took a while. Then it could process through.
2:41:26
So you've got a another indictment already pending that
2:41:34
is based upon an event allegedly occurring before you were placed
2:41:40
on probation. Yeah, the the possession is
2:41:47
alleged in the motion to revoke probation is a new offense that
2:41:51
came to our office, has been sent back to the police to
2:41:53
refile it as a manufacturer delivery or possession with
2:41:56
intent to deliver. So the new charges are coming
2:42:00
down that that have not been indicted yet.
2:42:07
So we're going to end. What do you want to do today?
2:42:10
The judge my against my concern. Now at this point, my client,
2:42:13
he's been in custody since September.
2:42:16
This is the only hole that has in the person right now.
2:42:19
It's a serious hole. It's a it's, I'm sorry, it's
2:42:24
dealing with drugs. And this is more than four
2:42:33
ounce. It says more, more than 40 oz
2:42:40
and less than 5 lbs. What does that come to?
2:42:45
I'm not just serious office. There's a there's a lot of
2:42:49
different that violation is, is most serious if it's 40 ounces.
2:42:55
And and of course to this point Judge, I mean for defense
2:42:58
standpoint, we haven't had opportunity to review or see any
2:43:01
of this at this point see what's going.
2:43:03
On well and he's also on regular probation and the the court and
2:43:12
this indictment also alleges it's a third degree felony.
2:43:17
He's confused in a second he is accused of a prior conviction
2:43:26
out of 1992. God bless us all.
2:43:29
I guess we were that young again and out of the 250 seconds.
2:43:34
So this third degree felony is enhanced to 2nd degree
2:43:37
punishment if that's all found true.
2:43:41
But all of this except for this unauthorized use, this is all
2:43:49
drugs. This are all drunks.
2:43:53
You know better. You've been, your hand has been
2:43:55
spanked. You know your hand, the fire
2:43:59
buns. You see, But yet.
2:44:01
You and you embrace the stove again.
2:44:06
You just go right back to the same type of actions and.
2:44:16
Decisions. That have gotten you here in
2:44:20
trouble in the 1st place. So how much times are you asking
2:44:26
for? Because I'm not letting him out.
2:44:28
No, he's since he's incarcerated.
2:44:32
Why don't we just look at it, do a couple of weeks, get them
2:44:34
chance to get the reports in so we can let him look at stuff and
2:44:37
we can talk. Is that good?
2:44:39
For now it's two weeks wrong. That way we don't just leave him
2:44:42
in there for a long time waiting.
2:44:43
I don't like people by languishing in.
2:44:45
There but. 2. To get.
2:44:47
You need enough time if you think 2 weeks is good to prepare
2:44:50
for that. Thank you Javen Sims, what are
2:45:00
we going to do on David Sims? Do you have it done?
2:45:06
I'm about to fill it out now, Jerry.
2:45:08
OK, thanks. Because we're in a trial here.
2:45:10
You'd be so kind to Ashley. Thank you for gifting 5
2:45:15
memberships. Very much appreciate that.
2:45:17
And thank you for taking on the role of Barbara today.
2:45:20
Appreciate that as well. Let's do this.
2:45:24
Let's go experience some Kentucky justice to round out
2:45:28
the day. Again, we're doing 3 hours
2:45:29
today, not 4, but this is Judge David Williams.
2:45:33
Let's go there. Commonwealth versus Willie
2:45:37
Daniels. Are you Willie Daniels?
2:45:40
Yes, Sir. Morning.
2:45:42
We're. Here 26 CR 002 and 25 CR 0058.
2:45:49
Mr. Daniels, were you born in 1997?
2:45:53
Yes Sir. Yes Sir.
2:45:59
You're for sentence. Have you had an opportunity to
2:46:01
look at the pre sentence investigation report down by
2:46:03
probation parole? Yes Sir, essentially correct.
2:46:11
Councillor, is there any reason why this gentleman should not be
2:46:15
sentenced today? There isn't judge there.
2:46:17
There was 1 issue when it pleased the court.
2:46:19
I'd like to bring it up concerning the PSA.
2:46:22
They gave him 12 days credit. I don't understand, you know, it
2:46:27
might be because of two different cases, but he actually
2:46:30
went into jail December 17th of last year and we figured that up
2:46:35
he'd have 91 days instead of 12. Well, you can hit with
2:46:41
probation, parole, corrections. We'll take a look at that.
2:46:45
And if you don't agree with the resolution on that, you can
2:46:47
bring it back to the yes Sir. Upon a plea of guilty under that
2:46:52
my #26 CR 002 for a charge of trafficking over 2 grams with
2:46:59
Venice Shell receiver sentence of five years.
2:47:01
I don't feel guilty on 26 CR 002 for track first degree cocaine
2:47:08
Class C felony received five years.
2:47:11
An indictment 26 CR 0025 years shall learn concurrently for a
2:47:16
total of five years to serve upon.
2:47:19
Pleaded guilty to indictment #25CR0058.
2:47:23
For the charge of tampering with physical evidence, the
2:47:27
defendant. To receive a sentence of five
2:47:37
years, the five year sentence in 002 and a five year sentence in
2:47:43
0058 shall run concurrently for a total of five years.
2:47:47
To finish the post probation, she'll receive credit for time
2:47:50
served. What's the court cost about this
2:47:52
200 and 65265 dollars? I'll let you pay that at $40 a
2:47:58
month starting 30 days after your release of incarceration.
2:48:02
Could he serve that out? Judge?
2:48:05
Do what? Could he serve it out The fine?
2:48:08
I don't think so. It'll be the three days.
2:48:13
I just let him pay we. Need the money.
2:48:15
Get Fair and Frankfurt, they need the money.
2:48:16
I can understand that. OK.
2:48:20
Thank you, Christopher Duis. I'm welcome.
2:48:31
Christopher Louise, 25 CR 0028. Are you Christopher Louise?
2:48:37
Yes, Sir. Born in 1969.
2:48:40
Yes, Sir. Last four digits, Social
2:48:43
Security number 4272. Yes, Sir.
2:48:47
Your probation revocation. What does the Commonwealth have
2:48:49
to say? Well, he has a three-year
2:48:51
sentence on protection, and Miss Meredith is here to testify in
2:48:57
this. Case.
2:48:57
Hillary, Meredith. OK, he's on the same.
2:49:01
Can you raise your right hand, officer?
2:49:03
You swear the testimony about to give us the truth, old truth,
2:49:05
and nothing but the truth. I do.
2:49:08
State your name with whom you're employed.
2:49:11
Hilary and Meredith employed with probation and parole in
2:49:14
Metcalf County. May pursue Miss Meredith.
2:49:17
Have you been supervising or attempting to supervise
2:49:19
Christopher Dewis? Yes.
2:49:22
When did that begin? 12/15 of 2025, Jane, can you
2:49:27
tell the court what's happened since that time as far as his
2:49:31
failure to comply? Yes, the issue has started.
2:49:35
On 12/16 of 2025, he was assessed by SSC Miller after a
2:49:43
drug use. He was recommended to enroll an
2:49:46
outpatient with Floor Life Counseling.
2:49:49
He completed his initial appointment with Floor Life on
2:49:53
112. Excuse me 1122026, but as of
2:49:58
today, well the date of the report which was 2/24, she had
2:50:04
advised Keisha with Fuller life, advised that he had failed to
2:50:08
show up for all of his other scheduled appointments.
2:50:15
And then we've got failure to report after his last use of
2:50:20
meth. She, the SSC reassessed him on
2:50:25
2/12, recommended he enroll in IOP.
2:50:29
He reported on 2/16 to do that IOP paperwork, but he refused to
2:50:34
sign that paperwork that day. He had questions about it, so I
2:50:39
offered for him to come back in the next day where we could
2:50:41
explain that paperwork to him. However, when he came in or he
2:50:46
did not come in that next day. I had to call.
2:50:50
And try and get in touch with him.
2:50:52
When I finally got in touch with him, I told him to come in,
2:50:56
attempted to go over that paperwork with him.
2:50:58
He wanted to argue the entire time.
2:51:02
He was also drug tested that day and positive for meth.
2:51:06
He denied meth use adamantly. We sent that to the lab for
2:51:11
confirmation. In the meantime, the SSC told
2:51:16
him to go ahead and do his IOP. But then on the 3rd of this
2:51:22
month his labs came back positive for meth.
2:51:25
OK well did he once he was told to go back to the old PD to
2:51:29
participate or was he arrested? He was, and he was arrested for
2:51:35
the labs. Coming back positive.
2:51:36
So the way I read this, he's had a positive test at Fuller Life
2:51:41
and then he had another positive test where he denied use.
2:51:44
Is that correct? That's correct.
2:51:46
And he was both argumentative with you and was he
2:51:48
argumentative with the SSC? He was.
2:51:51
And he was argumentative with Fuller Life as well.
2:51:55
OK. And I think you put in your
2:51:57
reports, you said that you spent the majority of your time
2:52:00
arguing with him regarding SSC and IOP and he's adamant without
2:52:05
having a drug problem, even though it's proven that he has
2:52:07
had one. That's correct.
2:52:09
And also you put in the in the report that he was
2:52:11
confrontational. What did you mean by that?
2:52:14
Just arguing. He, he said that he didn't know
2:52:18
why he had to do this, continuing just to argue about
2:52:24
the fact that he did not have meth in his system, even though,
2:52:28
you know, the labs showed that he did have meth in his system,
2:52:33
but that's mainly what he was confrontational about.
2:52:36
Thank you. I have no further question.
2:52:38
George inquires. Yes, Sir.
2:52:44
Officer Meredith. He in IOP for their life in in
2:52:52
December. Or in January.
2:52:57
He began in January, you said IOP or was this outpatient or
2:53:03
IOP? Did you say IOP?
2:53:07
I did say IOP, but he began outpatient in as well,
2:53:11
outpatient on the 12th and then he failed to keep those
2:53:15
appointments. Can I say something right here,
2:53:18
please? Hold on.
2:53:19
Mr. Dewey should get a chance, OK.
2:53:20
Thank you. Officer Meredith, this is your
2:53:28
your first time supervising Mr. Dewey.
2:53:31
That's correct. OK.
2:53:36
Did he ever call and indicate that he was sick for a period of
2:53:40
time in January or February? Did he ever call and what and
2:53:45
indicate that he was sick in January or February?
2:53:49
Yes. He didn't mention being sick.
2:53:55
And on 2/24, you administered a urine drug screen at the office?
2:54:02
That's correct. It's Officer Bray.
2:54:05
OK. Are you familiar with the
2:54:08
process that was used for the drug test?
2:54:13
Yes. Yes.
2:54:15
Did they use a brand new test sample cup?
2:54:21
We use a sample cup to make sure that we get enough sample in the
2:54:26
cup before we open a brand new panel cup.
2:54:31
But yes. And Mr. Dewey's was present
2:54:33
during that. And that sample cup that was,
2:54:36
that was unused, correct? And then that was sent to the
2:54:44
lab. That's correct.
2:54:47
Did you you also tested that on site?
2:54:53
Did we what you you also tested that on site?
2:54:57
That's correct. OK.
2:55:00
Is it possible that there are sometimes false positives that
2:55:04
the lab picks up for other things other than
2:55:09
methamphetamine? It's possible that it could test
2:55:11
positive. It's always possible.
2:55:14
OK. And so did you have a personal
2:55:29
conversation with Keisha Robbins with Fuller Life?
2:55:32
I did. OK, he went to his appointment
2:55:38
on 2/26 and was there the entire time.
2:55:44
Correct. On 2/26.
2:55:47
Yes. I am not sure, I'd have to look.
2:55:55
I believe you. Advised that Mister Lease came
2:55:58
to his appointment on 2/26, he was confrontational.
2:56:03
Yes, that is correct. My apologies, but you're not
2:56:06
aware that the visit was cut short?
2:56:11
No, I was not aware. OK.
2:56:17
Are you aware that Mister Deweese also has medical issues
2:56:22
with his ankle currently, yes. OK.
2:56:31
So just to recap since December he's had two positive drug test
2:56:42
total that's correct. But he was tested more than two
2:56:47
times during that period and he has had clean tests during that
2:56:51
time with us. He has only had to he is only
2:57:02
the first time he admitted you see was positive at Fuller life.
2:57:06
The second time he was positive at our.
2:57:08
Office. But he's been tested on February
2:57:12
3rd or February 6th and that was a clean test.
2:57:23
I don't recall a test on February 5th with us.
2:57:37
And then just one last question. This is Mr. Weese's first time
2:57:42
being on supervision. And so you did take the time to
2:57:45
explain more of the paperwork in the IOP process to him, correct?
2:57:50
That's correct. OK.
2:57:53
And Mr. De Weese, he, he asks a lot of questions.
2:57:57
Yes. No further.
2:58:00
Questions, John. No, wait, wait.
2:58:03
Have you other witnesses? I.
2:58:05
Have no other, but yeah. Any witnesses?
2:58:06
I'd like to call Mr. de Weese. Mr. Dewey, you raise your right
2:58:09
hand, please. You swear the testimony best
2:58:11
gives you truth, hold truth and nothing I do, Sir.
2:58:16
Mr. Dewey, can you state your name for the record?
2:58:19
Christopher Allen Dewey. And can you kind of explain your
2:58:26
side of the story beginning in December of what?
2:58:29
Your understanding of outpatient and IOP?
2:58:33
I didn't understand none of it to be honest.
2:58:35
And on December 16th, I was given a real test at your
2:58:39
office, Miss Meredith, where it's clean.
2:58:42
January 11th is the last day I used meth.
2:58:44
Now to tell you that for 100% certainly because of what Miss
2:58:47
Keisha said to me, she said much to Chris.
2:58:50
I can't explain to you how you feel or what.
2:58:52
You're going through? I didn't.
2:58:53
Walk in your shoes, she said. But your children and your
2:58:57
grandchildren, you just talk so highly of if you test positive
2:59:00
for meth for your promotion, they can revoke you and
2:59:03
essentially your children, they will not see you no more.
2:59:06
That clicked in my head, your honor and I have not used meth
2:59:08
since January the 11th. And then after the first
2:59:12
assessment over and full of life, they did not send me the
2:59:15
link that's like I was supposed to is why I missed that
2:59:18
appointment and then the second link they sent me.
2:59:21
Is when we had. The ice.
2:59:22
Storm I was out electricity for four days and my phone was dead.
2:59:25
That's why I missed. That second appointment with
2:59:27
them and it was all set up to go March the 9th and then I got put
2:59:32
in in here on March the 4th and which I tested pot to clean
2:59:35
positive on March the 4th. I come in here with Richard
2:59:37
Casey Collins and also February 3rd or 6th one at McCabe County.
2:59:41
Wait, I can't understand the thing he's saying.
2:59:44
Can't understand. I don't know whether it's a
2:59:46
microphone or he's too close to the whatever.
2:59:51
So let's talk a little slower into this.
2:59:55
OK. Follow what he's saying.
2:59:56
Yes, Sir. Mr. Louise, if you can talk
2:59:59
slower and louder. OK, I'll try my best.
3:00:03
I'm sorry, but so January the 11th, the last day that I did
3:00:07
use Miss, I will admit to that. And I can tell you 100%
3:00:11
positive. That's my last time because of
3:00:12
what Miss Keisha said to me. She said that if I could pee.
3:00:17
Positive for my parole officer, I will not see my kids or my
3:00:20
grandchildren and that clicked with me on her and I have not
3:00:23
used been since January the 11th.
3:00:25
I went to my physical therapy, I got sick and I was taking all
3:00:29
kinds of over the counter medication for being sick, but
3:00:32
I'm not February. 3rd. February 6th Miss Meredith in
3:00:36
Maycat county Chase Collins Bureau kissed on me it come back
3:00:39
clean. I done one February 16th for
3:00:43
y'all over there. It was clean.
3:00:46
She doesn't want it me the. Day I got arrested over here,
3:00:48
March 4th, Mr. Chase done that. I was clean.
3:00:51
And yes, Mr. Mr. Deweese, can you explain what happened when
3:00:58
you were giving the urine test on 2/24?
3:01:02
The sample cup they gave me, it did not come from a freshly
3:01:05
opened package. It was just laying in like a
3:01:08
storage trash can in an unopened box.
3:01:11
No place to wrapping whatsoever. It was just a cup.
3:01:16
And they gave me to. Put my.
3:01:18
Sample into and I can. Yes, I did get argumented with
3:01:21
that over my sample, but as far as being argumented with those,
3:01:24
I did not mean to be. I was just.
3:01:26
Asking questions. I can't, I can't understand what
3:01:29
he's saying. We're going to have to have him
3:01:30
brought here. I can't understand what he's
3:01:33
saying here. Here's the thing about it saying
3:01:39
he did this and did that and all this kind of stuff back for I
3:01:44
need to get him you you'll get to cross examine him in a
3:01:48
second. I mean, he say he didn't violate
3:01:50
anything. Ask him what he did violate.
3:01:52
That's not until he's saying he's had a clean test beside.
3:01:55
Yeah, I mean, that's that's just like saying somebody walked down
3:01:59
the street for 10 days in a row and didn't shoot anybody, you
3:02:06
know, and then three days he did.
3:02:09
Yeah. I, I don't understand.
3:02:10
I mean, he denied having concentrated on the violations
3:02:14
that he's accused of. Yes, he is.
3:02:16
He is admitting to violating the urine test on January 12th.
3:02:21
He is disputing the 224 because in his opinion, he was not using
3:02:28
a brand new sample cup. Well, of course, I don't think
3:02:30
he's got he's not an expert in that.
3:02:33
So I mean, go ahead and watch the other stuff, Your Honor.
3:02:41
What I mean by that, if you can understand me, is the cup, the
3:02:43
sample cup she gave me, it was already open.
3:02:46
It was not in a package. And then, Mr. Deweese, how did
3:02:53
your conversation go with Miss Robbins at Fuller Life?
3:02:57
I thought it went wonderful. I mean, we was laughing and Joe
3:03:00
and cutting. Up.
3:03:01
And I was there 45 minutes to an hour that day and they done a
3:03:06
drug. Test on me also.
3:03:07
That day I do not know the results of them.
3:03:14
Got it. I I think that's all the
3:03:17
testimony we'll need from you. Like yours, Cross.
3:03:20
I do not wish to. OK.
3:03:22
You have any other witnesses? Yes, Sir.
3:03:24
OK. You make your argument.
3:03:27
Yes, Sir. Mr. Deweese was placed on three
3:03:31
years pre probated for five. Your honor, his wife passed
3:03:37
January or November 24. He first used meth January 25
3:03:41
which resulted in these charges. He is mid 50s, has not had any
3:03:47
previous felonies that I'm aware of.
3:03:50
He has never been to treatment greater than outpatient IOP.
3:03:55
He currently has an ankle injury that's why he's on crutches.
3:03:59
He has a follow up, CTI believe the end of the month.
3:04:03
He has a plate and screws and a boot on his ankle.
3:04:10
We would be asking this court to not revoke his probation, allow
3:04:15
him to get back out on IOP. I've had a conversation with Mr.
3:04:18
Deweese. The allegation is that he's
3:04:21
confrontational. I believe Mr. Deweese is
3:04:23
inquisitive and curious and that it can sometimes be taken as
3:04:29
argumentative or authoritative or confrontational.
3:04:32
I've advised Mr. Deweese that while he's on probation, he's
3:04:38
going to have to mind his QS, PS and QS, Your honor.
3:04:41
So I would ask this court to not revoke him, give him the chance
3:04:45
to get out on IOP. If the court is not willing to
3:04:47
do that, allow him to do a short term treatment.
3:04:51
He is, he has never had treatment.
3:04:52
He's mid 50s, has never been done any treatment greater than
3:04:57
outpatient or IOP. And so we would ask for some
3:05:00
type of therapeutic response to this, to this revocation.
3:05:06
There are, you know, I think the problem isn't one of the, one of
3:05:18
the bases for revocation is and, and I think there's 2 routes to
3:05:22
court can go in this. Either revoke his probation or
3:05:24
send him to treatment because he's proven that he's not
3:05:27
amenable to being supervised by probation.
3:05:30
He's had failed drug tests. He's failed to attend
3:05:32
appointments he's denied. Drug.
3:05:34
Use when the lab's been positive and then saying they didn't do
3:05:37
their procedures properly. He's been argumentative with the
3:05:40
probation officer. With SSC, they've had to assess
3:05:42
him like 3 * / a two-month period and he wouldn't show up.
3:05:47
So I I just don't believe he's a minimal to being supervised.
3:05:51
It's it's very rarely that I file a motion to revoke after 2
3:05:54
positive meth tests. But it's not just the 2 positive
3:05:56
meth test. It's all this other garbage he's
3:05:59
been putting these probation officers through in between.
3:06:01
It's like he thinks so that he's their only case.
3:06:04
What was the the original charge was just it's possession.
3:06:08
It's a three-year sentence. And this deal about him saying
3:06:11
he wouldn't get to see his grandmother and I mean his
3:06:13
grandkids and stuff. If he's revoked on a three-year
3:06:16
sentence, he's going to be out in 60 to 90 days.
3:06:18
It's not like it's. What about, you know, what about
3:06:24
drug court? I just don't think he can
3:06:27
comply. He can't comply with these
3:06:28
probation officers. I don't, I, you know, I, I, I
3:06:31
concur with what the Commonwealth has to say.
3:06:35
This, this gentleman, I, I, I don't know him.
3:06:38
He's argumentative. I mean, he's wanting to complain
3:06:41
about the cup, you know, I mean, does he think any, they have
3:06:45
any, like this cup would have made any difference?
3:06:49
He believes it was a contaminated copier.
3:06:52
He believes that, but he believes every, I mean, he just
3:06:55
is not subject to being compliant with any of these
3:06:59
things and not showing up, that sort of thing.
3:07:01
I mean, I I don't know what else to.
3:07:03
Do with with him. Can I say one more thing?
3:07:08
See now this. Is what I'm telling you're
3:07:12
revoked. That's it.
3:07:14
I'm sorry you're revoked. No, I'm not going to sit around
3:07:19
and listen to what they have to listen to all the time and to be
3:07:22
non compliant and disrespectful. It does not work in this court.
3:07:25
OK, I'm sorry. All right, what?
3:07:26
Is it trying to be? OK, that's so you're finished.
3:07:29
Take him away from the microphone.
3:07:33
All right, well, that's a great place to leave it for today.
3:07:35
Then my friends, again, apologies, no 4th hour today.
3:07:38
I need to attend to other things, but we will be back
3:07:41
tonight for sidebar. 8:00 PM Eastern, 5:00 PM Pacific, right
3:07:44
here on this channel. There's a link up in the pin,
3:07:46
just chat. So do check that out.
3:07:48
And of course, we'll be back here tomorrow morning. 6:00 AM
3:07:51
Eastern, 9:00 AM Eastern, 6:00 AM Pacific.
3:07:53
One of those I don't know, pick a time, we'll be here.
3:07:56
Anywho, go have yourselves a great day.
3:07:58
Look forward to seeing you all again soon.
3:08:00
Take care, God bless.