Latest / The Courtroom Files / March 30 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #260
Transcript
- 2:19Good morning, everybody. Happy Monday.
- 2:22Welcome to TCF live. My name is Dan, sole.
- 2:25I'll be your host through this next.
- 2:27Four hours of our journey. Through Courtland deal.
- 2:30We'll start off in Allegan County Michigan.
- 2:31This is just go sell us. There we go.
- 2:36Pretty well intoxicated, Mr. Can you please?
- 2:40Jefferson McCain appearing on behalf of Miss Bentley for The
- 2:43Limited purposes of arrangement. We reviewed the charging
- 2:46complaint and wave its formal reading.
- 2:48Miss Bentley will be entering a plea of not guilty today and she
- 2:52does qualify for a court appointed attorney and we had
- 2:55requests this matter because that for free trial and
- 2:57throughout your honor here We're not guilty pleas set this for a
- 3:02jury trial indicates use requesting an attorney at public
- 3:05expense Court. Bile show, she was released in
- 3:08the elegant County Jail, in a fire hundred dollar, personal
- 3:10recognizance Bond, they will be continued in that amount with
- 3:13the condition that in that possess or consume any alcohol
- 3:16marijuana or illegal control substances.
- 3:19Why? Your case is pending case, if
- 3:22you set first for pre-trial conference with the Prosecutors
- 3:25office and then for a jury trial in this courtroom, just
- 3:28courtroom a public defenders office, says determined, you are
- 3:32Indigent and they will be appointing an attorney for you.
- 3:35That's public attorney from the public defender's office will
- 3:39discuss your case with you at your pre-trial conference date
- 3:43and time of that will be sent to you by the clerk's office in the
- 3:46mail. So you are free to hang up from
- 3:49the corporation this morning. Be expecting your next court
- 3:52appearance state in the mail, okay?
- 3:57About 260733 SD people versus David.
- 4:02John colella here this morning for arraignment charge through a
- 4:06citation issued by the Allegan County Sheriff's Department.
- 4:09I'm not sure our job operating while intoxicated Mr. McKenzie
- 4:14Jefferson McCain appearing on behalf of Mr. Khalilah for The
- 4:17Limited purposes of arraignment, he reviewed, the charging
- 4:20complaint, he waited for more reading Mr. Colella will be
- 4:24entering a plea not guilty today and he's notified me that he
- 4:27intends to hire a private attorney.
- 4:31We're not guilty pleas set this for a jury trial.
- 4:34And indicate the defendant will be hiring an attorney at his own
- 4:37expense. Cordova shows, you release me
- 4:40like in Chi jail. On a 500 dollar, personal
- 4:43recognizance Bond, bill will be continued in that amount with
- 4:46the conditioning up as a consuming.
- 4:48The alcohol marijuana or legal control substances.
- 4:52While the case is pending your case would be set first for a
- 4:56pretrial conference with the Prosecutors office, then for a
- 5:00jury trial. In this courtroom District
- 5:02courtroom, a court staff will mail to you the date and time of
- 5:07your pretrial conference, be sure to forward that onto your
- 5:10attorney with that. You are free to hang up from the
- 5:13court proceeding this morning. Be expecting your next court
- 5:16appearance state in the mail, okay?
- 5:19Thank you files on Ryan Jack Gayheart to 60736.
- 5:26S m and 260735. S t little cases based on the
- 5:33same Citation, for driving while his license was suspended and
- 5:38operating an uninsured voter vehicle on the Uninsured motor
- 5:45vehicle charge. We do not have fingerprints on
- 5:48file, so start you have to be fingerprinted on the charge of
- 5:53operating and uninsured motor vehicle.
- 5:55How long do you need to get that?
- 5:59I can get that done, it's important.
- 6:03It will do it. Okay, well, dedicated to the
- 6:07clerk's office. Then to reset this for arriving,
- 6:09I do have to have those on file. You are free to hang up a
- 6:14corporate City and today course staff will mail to you another
- 6:17day in time for arraignment will look just like the one you
- 6:20received today. Just be sure we have taken
- 6:23before that date. We will have to adjourn it again
- 6:25so you're free. Are free to hang up in the court
- 6:33proceeding, be expecting your next court appearance date in
- 6:36the mail. Okay?
- 6:37Yep, thank you. You're on, I believe.
- 6:59There may have been four files on Mr. Gayheart.
- 7:08I'm still here. You're up.
- 7:40Movements. Are two five four two one six
- 7:59FY. This is people versus Kyle
- 8:01Steven Hoskins here this morning for arraignment charged through
- 8:06a felony complaint. It was issued by the elegant
- 8:09County prosecutor's office on charge of possession of
- 8:12methamphetamine, Mr. McCain please.
- 8:16Jefferson mechanic here on behalf of Mr. Hoskins for The
- 8:19Limited purposes of arraignment, we reviewed the charging
- 8:22complaint and wave its formal reading Mr. Hoskins does qualify
- 8:26for a court appointed attorney and we request conference and
- 8:31preliminary examination. Thank you on it.
- 8:34Characters of felony charge and in District Court, you are
- 8:37entitled to a preliminary examination on a felony charge
- 8:40as required, we are going to set this for you within two weeks.
- 8:44Your probable cause conference is a week from Thursday April
- 8:499th. And that will be at 1 p.m. in
- 8:52this courtroom District courtroom a pulmonary
- 8:54examination itself is the following Wednesday.
- 8:56April 15th at 9 a.m. also in this courtroom District
- 9:01courtroom a court file shows, You released from the elegant
- 9:04County Jail, in a 1,000, personal reconnaissance bond, be
- 9:08continued in that amount with a condition the Annapolis or
- 9:12consume any alcohol marijuana or illegal Controlled Substances
- 9:17Puba. Defenders office has determined.
- 9:20You are Indigent and will be appointing an attorney for you
- 9:23at public expense. So, I'm turning from the public
- 9:26defender's office will discuss your case with you at your next
- 9:29court appearance again. Your next court appearance is a
- 9:32week from Thursday at 1:00 in the air conditioners.
- 9:35You are free to hang up in the Corpus seating today, okay?
- 9:40Thank you about 260664 FY. People versus Camellia, Rose
- 9:47Jarvis. See this morning for arraignment
- 9:50Church through a felony complaint issued by the elegant
- 9:53County Prosecutors office on a charge of child abuse in the
- 9:57third degree. You ever seen it came here of
- 10:02Ms, Jarvis with a limited purposes of arraignment.
- 10:05We reviewed the charging complaint and waves form or
- 10:07reading. Miss Jarvis does qualify for a
- 10:10court appointed attorney and we request this matter, be separate
- 10:13probable cause conference and preliminary examination.
- 10:19And this is a felony charge and just record your entitled to a
- 10:23preliminary examination on a felony charge as required, we
- 10:26are going to set this for you with into weeks.
- 10:29Your probable cause conference is a week from Thursday, which
- 10:34is April 9th. Now be at 1 p.m. in this
- 10:37courtroom District courtroom a preliminary examination itself,
- 10:41is the following Wednesday. April 15th at 9 a.m. also in
- 10:46this courtroom District courtroom a portfolio shows Bill
- 10:50set at Ward authorization at 3,000 cash or shooting in that.
- 10:54You posted a 3,000 surety bond, be able to continue in the
- 10:59amount at this time. But the defenders office has
- 11:02determined, you are Indigent. They will be appointing an
- 11:05attorney for you at public expense.
- 11:07So, on attorney, for the public defender's office will discuss
- 11:10your case with you at your next court, appearance date.
- 11:13Again, your next court appearance.
- 11:14State is a week from Thursday 1:00 in the afternoon with that,
- 11:19you are free to hang up from the court proceeding this morning,
- 11:22okay? Thank you about 260384, SD
- 11:27people versus Ryan, Douglas strobe here, this morning, for
- 11:31arraignment charge through a misdemeanor complaint issued by
- 11:34the Allegan County, prosecutor's office and a charge of operating
- 11:38while intoxicated. I came to Jefferson mechanic
- 11:42hearing on behalf of an equation of The Limited purposes, of
- 11:45arraignment. We've reviewed the charging
- 11:47complaint and wave his formal reading Mr. Cloister will be
- 11:51pleading not guilty today and he's informed me that he intends
- 11:53to hire a private attorney. We're not guilty pleas set this
- 11:58for a jury trial indicate, you will be hiring at attorney at
- 12:01your own expects. Court House shows your release
- 12:04and kind of jail on the 500 dollar.
- 12:06Personal recognizance fund, be continued in that amount with a
- 12:10conditioning at possess or consume any alcohol marijuana,
- 12:14or legal control substances case to be set.
- 12:17First, but we treat conference with the Prosecutors office and
- 12:21then for a jury trial in this courtroom, this courtroom a
- 12:25court staff is going to mail to you that the date and time for
- 12:29your pre-trial conference. Be sure to forward that on to
- 12:32your attorney with that, you are free to hang up the corporate
- 12:35city today. Be expecting your next Port of
- 12:38parents date in the mail. Okay, thank you.
- 12:41Have two files on Frank E, Lyons about 260739 SD and 26 SD 43073.
- 12:52SI both cases are based on the same citation, issued by the
- 12:56elegant County Sheriff's Department on charges of
- 13:00operating while intoxicated and improper ladies McCain, please.
- 13:06Jefferson qualify for a court appointed attorney.
- 13:22And we would request this matter be set right pre-trial and
- 13:25trial. I Charge of operating.
- 13:28Well let's talk about police at this for a jury trial indicate
- 13:32your requesting, an attorney at public expense horsepower shows,
- 13:36You released in the Allegan County Jail at a 500 dollar
- 13:39personality in that amount with a conditioning up possessor,
- 13:44consuming any alcohol there, one or legal control substances.
- 13:49While your case is, pending that case would be set first for a
- 13:53pre-trial conference with the Prosecutors office.
- 13:55And then for a jury trial, And one of the two core groups
- 14:01public defender's office has determined, you are Indigent.
- 14:04There will be appointing an attorney for you at public
- 14:06expense. So, an attorney, from the public
- 14:08defender's. Office will discuss your case
- 14:10with you at your pretrial conference on a civil infraction
- 14:14file, the public defender's office will not be representing
- 14:18you but I will enter a denial for you on that.
- 14:20At this time, this case will also be set for a pretrial
- 14:24conference with the Prosecutors office and if not result, we set
- 14:28for a formal hearing. So with that Mr. Lions, you are
- 14:31free to hang up the corporate City.
- 14:33And today, of course, Apple mail to you a date and time for a
- 14:36pretrial conference and each of those two cases in the mail,
- 14:39okay? Well, 260762 SD people versus
- 14:46Gary Chad. Seneca this morning for
- 14:50arraignment charge through a misdemeanor complaint issued by
- 14:53the elegant County Prosecutors office on charge of operating
- 14:57Wallace. Keith, we'll have a high blood
- 15:00alcohol content. Stream McCain, please.
- 15:03Jefferson McCain appearing, on behalf of Mr. Seneca for The
- 15:06Limited purposes of arraignment, we reviewed the charging
- 15:10complaint and wave its formulating.
- 15:11The minister Senator will be entering, not guilty today.
- 15:14Mr. Seneca does qualify for a court appointed attorney and we
- 15:18will request this matter. Be separate pre-trial and trial
- 15:21on it. We're not guilty pleas set this
- 15:24for a jury trial indicate your requesting, an attorney at
- 15:27public expense, we'll set bail in this case at 500 dollars.
- 15:32Personal recognizance, condition of Bales, you not possess or
- 15:35consume any alcohol marijuana or a legal control substances.
- 15:39While the case is, pending case to be set first for a pre-trial
- 15:43conference with the prosecutors office and then for a jury trial
- 15:47in this courtroom just record room, a public defender's office
- 15:51says determined you are Indigent and they will be appointing a
- 15:54training for you. And once again, judges Behaving
- 16:03Badly when it comes to dealing with their streams and making
- 16:07them available, all the Good morning, everybody.
- 16:09Once again happy Monday. This is TCF live.
- 16:11My name is Dan. Guiding you through four hours
- 16:15of. Courtland coverage, at least
- 16:19when they provide it, let's go to Huron County.
- 16:22Michigan judge Prill by 25. 728 H.
- 16:27It's time of days at the sentencing appearing on behalf
- 16:30of the state of Michigan is Assistant Attorney.
- 16:32General, Ashley Messner, the defendant Hunter quick appears
- 16:35by the zoom application represented by attorney Nori.
- 16:39The court allowed Mr. Crit, to appear by his owner purposes of
- 16:43sentencing. Normally we do not do that in
- 16:46any situation. However, in this one, it has
- 16:48been previously, authorized will be proceeding in that fashion.
- 16:52back on September 22nd, what a while ago, the defendant energy
- 16:57completed failing to pay child, support Preset report has been
- 17:01prepared by Ms. Karen eberlin. The report is dated October 14th
- 17:062025. This Corey, have you and your
- 17:09client had the opportunity to review the preceptors?
- 17:11Yes, you're on. There's no additions.
- 17:14Corrections or deletions? At the same applied regarding
- 17:18guidelines as well as judge. Hi, Mr. Craig, do you agree with
- 17:26that, sir? Yes, your honour His master, any
- 17:30objection to the report as well as guidelines?
- 17:33Yeah, I have no objection to the guidelines.
- 17:35I do have an updated and honor via marriage and just I do
- 17:39understand the defendant did send in two certified checks,
- 17:42which would get his balance to what it needs to be to earn the
- 17:46delay of sentence, the balance I have currently does not reflect
- 17:49those numbers. So, just so, you know, it's
- 17:51going to be a little higher now, but it will go down once those
- 17:53certified checks, clear. So that number your number is
- 17:5721,000, 300 and 222 and 43 cents.
- 18:05That's remaining Bells. It is right.
- 18:07And that does not take into account.
- 18:08The two certified checks that have not been applied yet, those
- 18:11are being held because there were so large, but it will go
- 18:14down significantly. Once they are applying Light.
- 18:27Just briefly your honor, your honor, my clients 33 years old,
- 18:30he did serve in the military from 2013 to 2016, he was in the
- 18:36Army, he was honorably discharged after he was really
- 18:40after his military after he was discharged, he did struggle, a
- 18:46lot financially, and actually was homeless for quite a bit of
- 18:49time from 2016, until he was able to gain stable housing and
- 18:54the last year or so. And but he is now finally
- 18:59starting his own trucking business.
- 19:02It's, it's been study for the last several months old.
- 19:06We believe that that's going to be prosperous in the New York
- 19:11coming future. He is getting back up on his
- 19:14feet. His Pavements this is been
- 19:16delayed several times because every time he's been paying down
- 19:20his obligation to this case through Miss do they were
- 19:23applying a portion of it to his other child support matter.
- 19:26I believe. In glad when he didn't
- 19:28understand that, that was happening.
- 19:29So for so long. So he has, he has been paying
- 19:33the amount down. He has been putting the money
- 19:37enough to pay this amount down this whole time.
- 19:39It's just been getting split into from two different places.
- 19:41He now knows how to pay it. So he gets directly applied to
- 19:45this case and how he needs to pay it to apply his child
- 19:48support to another case. So I don't think that's going to
- 19:50be a problem moving forward, but he is getting back up on his
- 19:53feet on her. And I think he is going to be do
- 19:58everything he needs to do, to pay down this whole rearrange
- 20:00balance. In the 11-month delayed
- 20:03sentence. He did pay last week.
- 20:06He sent in a check, I believe for 2900 and another check for
- 20:10560 to this case. That's the one that's where
- 20:13we're waiting to be applied for but he obviously takes this very
- 20:17seriously judge. So I think I don't think he's
- 20:19gonna disappoint at all during this delay sentence.
- 20:21So I had asked the courts, adopt the sentence agreement and the
- 20:27terms of the plea deal and plays him on an 11 month delay.
- 20:32Mr. You agree with Ms. Messer's account of the current balance
- 20:35doing payable 21,322.43. Yes, I believe that's correct.
- 20:40But that, and that's before the two amounts that I just stated
- 20:44on the record have been applied. Correct.
- 20:47All right. Thank you.
- 20:49Mr. Creek. Is there anything you'd like to
- 20:50say before the court in post a sentence?
- 20:52I'd like to apologize to the court, also Rebecca for being so
- 20:57far behind and being not so good of a citizen and our country.
- 21:01I'm trying to do better and trying to get back on my feet so
- 21:07that I can make my obligations. Because you don't have to
- 21:11apologize to the court. That's our job.
- 21:14But you did apologize to mother or the child, I'm not sure that
- 21:18that individual was you reference, but that is where the
- 21:21problem is, and that's providing the support regarding the child.
- 21:24So I just want to make sure you understand that and anything
- 21:28else you want to say? I will do my best to make sure
- 21:31this is paid down the 11 months and thank you for the court for
- 21:35Being understanding of all these challenges that we faced so far
- 21:38and I I hope to smooth out the process.
- 21:44Thank you, Mr. Anything to be have people Yes, you're honor.
- 21:48I appreciate the court for allowing us to have some time on
- 21:50this one to get Mr. Creek, down to that about that.
- 21:53He needed to, to get the benefit of the bargain that we made.
- 21:56I think now these are certified checks.
- 21:58I don't have any reason to doubt that they will, in fact, go
- 22:01through and they were applied specially to this docket.
- 22:03So I know they will be properly applied to this.
- 22:06Arrearage, I have checked on that this morning, so I would
- 22:08ask your honor to adopt the recommendation, which goes along
- 22:11with our sense, agreement, to delay of the sensing for 11
- 22:14months. Give Mr, Cricket.
- 22:16An opportunity to get the benefit of the bargain and earn
- 22:19the reduction of his charges as we originally bargained for,
- 22:22thank you. For a period of 11 miles,
- 22:36conditions of probation include the standard conditions on
- 22:39violated, criminal law, government, not believe the
- 22:43state of Michigan without a probation agent, as at least
- 22:47monthly or times of places. The agent may require to comply
- 22:51with all orders. Your either possessed state of
- 22:54Michigan, driver's license, or personal identification card
- 22:57issued by Secretary of State. The assaults of abusive
- 23:02threatening intimidating Behavior.
- 23:03You are not to have any verbal written, electronic or physical
- 23:06contact with anyone's house within an mgoc facility.
- 23:09Nor the same type of interaction of communication with anyone
- 23:12that's engaging in a behavior that constitutes a violation of
- 23:16any criminal law by needed a government.
- 23:17You must not possess any object, as a weapon owned user have one
- 23:23of your control, a weapon of any kind, not even an invitation
- 23:27You're not to be around anyone in that possesses those items.
- 23:30You were to contact the supervising field agent.
- 23:32No later than the first business day.
- 23:34Following your placement on probation or release from jail.
- 23:37You are to allow the field agent to your residents at any time
- 23:41for probation supervision, where you're subject to a search of
- 23:44your person and property including but not limited to
- 23:46your home, or computer or vehicle without the need of a
- 23:49warrant. If the agent is reasonable cause
- 23:50you of items at violate, the terms of your probation.
- 23:54Any arrests for police contact, change employment, Etc.
- 23:58Must be reported within 24 hours.
- 24:00You are employed with what you are to continue to engage in
- 24:05simple. Genuine efforts finding the
- 24:08children employment with the standard division.
- 24:10Restitution is only the amount of 21,322.43.
- 24:16That is payable to the Huron County Friend of the Court at
- 24:19the State of Michigan. You are to execute a wage
- 24:21assignment to pay that restitution if you are working.
- 24:24And this two regularly scheduled payments Chronic victims
- 24:28assessment of 130 dollars will be ordered.
- 24:31Probation supervision fee thirty dollars per month.
- 24:33Regular 60 electronic you are to continue to pay your child
- 24:38support related expenses as ordered by the court DNA.
- 24:42Testing fee of 68, dollars will be ordered 68 dollars.
- 24:46A state cost will be orders if referred to the successfully
- 24:49complete any pa-51, programming Facebook, upon any eligibility.
- 24:53And we will do a review of this matter, or February 15 2027 at 9
- 25:01a.m. I doing to inform you with the
- 25:05right to see police to appeal, if you're financial aid for
- 25:08provide Council of your own choice, Court will assign
- 25:10Council for you public expense. Your to initial the receipt and
- 25:15questionnaire form. Requesting the assignment of
- 25:17council both of which must be executed under oath and Wildlife
- 25:2042 days. This worry that information will
- 25:26be emailed to you. I will trust that you take care
- 25:30of that Mr. Creek who's in the state of Wyoming right now, get
- 25:34that back to the courts. We can place it in our core
- 25:36file. Can you do so please?
- 25:37Yes, judge. Thank you.
- 25:41The department. Yes, your honor because he is
- 25:44another state we're going to have to be Interstate home at
- 25:46paperwork. So he will be happy to become
- 25:49available via phone so I can get a hold of him and start the
- 25:53initial paperwork through this. Thank you, this court.
- 25:57Did you hear that? Yes, I did.
- 26:00Okay, great. Well, thank you.
- 26:01Good luck to you sir. Thank you.
- 26:05Just one thing you're out there. Um, since Mr. Creek is a
- 26:09resident of the state of Wyoming for that condition of probation
- 26:12that he maintained a state of Michigan, driver's license, or
- 26:15personal ID card, what would be acceptable that he had a state
- 26:17of Wyoming driver's license or ID card.
- 26:19I didn't want to make him go, he's a state of Oklahoma.
- 26:26That. Thank you.
- 26:29All right. Thank you so much.
- 26:31Thank you. Here.
- 26:36Well, I'm glad for that guys, sake.
- 26:38That they cleared that up because quite honestly, if he is
- 26:41a resident of the state of Wyoming, the state of Wyoming
- 26:43would have a problem with him. If he was holding a state of
- 26:46Michigan, ID States. Generally, want you holding an
- 26:49ID for them if you live there good morning once again.
- 26:52Everybody TCF live. YouTube is having a Monday this
- 26:56morning. I have no idea how many of you
- 26:59are out there at the moment watching, because real time
- 27:01stats are broken across the platform right now.
- 27:04It's not just our channel. It's everybody.
- 27:07So we're flying in the blind as they say speaking of which you
- 27:11can join us tonight for in the blind, that is a show with me
- 27:15and with my Michael Groff and you can find that this evening 7
- 27:20p.m. Eastern, 4 p.m.
- 27:21Pacific and I'm sure that Barbara Ann would be nice enough
- 27:25to drop a link for that right about now.
- 27:29Let's go. Slow morning, but so judgment.
- 27:35Now, he's got something going on.
- 27:36Let's go over there. It was not properly served.
- 27:41This is a land contract forfeiture case the fan and has
- 27:45to be properly served. With the summons and complaint
- 27:50or there has to be an order that a judge signs for alternate
- 27:55service. Where there's many attempts and
- 27:59the judge signs in order saying you can serve by certified mail
- 28:04first class mail and posting or attacking in which case that
- 28:10would be good enough. But I never signed an order, I
- 28:12was never presented in order so I'm going to have to adjourn
- 28:15this. And we're gonna have to send the
- 28:17process server out again to get the defendant, you might want to
- 28:22hire a lawyer, this is a little bit more complicated, this is
- 28:25land contract, forfeiture, I would suggest you get a lawyer
- 28:28you don't have to but you should okay.
- 28:32This is not just throwing somebody out, you do what you
- 28:35want, you have the legal right to represent yourself but that's
- 28:40something to proceed here. We're gonna turn this.
- 28:46Once you give me a new date there Linda or for just one week
- 28:51or two weeks you're on her, we got every service.
- 28:54Let's make it two weeks. Okay.
- 28:56How about? Um, so it'll be April 13th at
- 29:008:30? Perfect April 13th at 8:30, but
- 29:03I want you to listen, sir. You should get a lawyer.
- 29:09I'm not trying to give lawyers business, but you, you know,
- 29:13they're probably there might have to be a motion for all
- 29:16listen. There might have to be an
- 29:20emotion for an all for alternate service, if they can't find the
- 29:23defend. So you do what you want.
- 29:26I'd suggest you get a lawyer. You have to have, you should get
- 29:30a lawyer. That's all I'm gonna say but you
- 29:32do what you want. Okay.
- 29:33Thank you. Owners management.
- 29:39Versus Justice weighed 2601102. Morning, David.
- 29:45Letterman number, 67994 owners management.
- 29:49Is Justice. Wait I thought she was out
- 29:51there. She was here, I spoke with her
- 29:54in a break over here. you see Justice, wait out there Linda
- 30:09Yes, I'm here. She's in breakout room, 20,
- 30:12seeing the video. Oh, I see.
- 30:15All right. Oh, okay.
- 30:21Let's see. I can hear you.
- 30:25Can you hear me? Why I need you to finish
- 30:27watching the video? Okay.
- 30:28And then you come back in here. Yeah.
- 30:30Miss Board. I'm pleased.
- 30:31Join breakout room. Thank.
- 30:37You place here yet? Whereas Mr. Cox's office.
- 30:50I'm bringing him in right now, your honor.
- 30:52All right, Mr. Cox's office this year.
- 30:55Yes Mr. Brown okay. Park Police Department.
- 31:03Park. Police departments versus alaze.
- 31:05Taylor 2601131. Good morning.
- 31:09Miss Taylor. Your name, please Taylor.
- 31:15Good morning to you, Mr. Brown your appearance.
- 31:22Man, did you listen to and understand the rights on the
- 31:25video? Yes.
- 31:28You wish to apply for funding or speak to a lawyer.
- 31:35Know. So that's again, the first thing
- 31:37I use Good, love you. Someone showing you they could
- 31:43get you all this, but you Absolutely, they've watched the
- 31:48video they control this, okay? So now, Mr. Brown, Can you tell
- 31:53me just a total amount that is owed.
- 31:57Here. 1,399.17, you agree that you owe that amount.
- 32:03Ma'am. I paid all of it except for that
- 32:07extra. Yes.
- 32:08I like it's all paid off. I didn't I wasn't sure because I
- 32:11hadn't gone to court yet, but all right is paid.
- 32:13So I haven't paid the court rent but I court stuff but I have
- 32:17paid right yesterday. Did you pay them yesterday?
- 32:20Yes. How much did you pay them
- 32:23yesterday? All of it yesterday.
- 32:25I paid 500 in the day before that.
- 32:27I paid for another 500. So the sick like the knot 500,
- 32:30it was like all this paid like the man that's slow down for me.
- 32:34Hi, I just want to know. Can you tell me how much you
- 32:38paid on Saturday, how much you paid on Sunday each day?
- 32:41I need to know. How much you, what?
- 32:46Good. Saturday.
- 32:48I paid 500 and yesterday I paid about 700, I'm pretty sure
- 32:52about. I don't worry about doesn't work
- 32:55with man, with math Mr. Brown, do you have a record of that?
- 33:00Not not yet. I mean that when we, why are you
- 33:02call the manager and find out, get him, the login, or, or else?
- 33:07I'm just gonna Journal this a week.
- 33:09Yeah. I mean I think she's admits even
- 33:12though if she paid the 1200 she hasn't paid the court.
- 33:15The core cost basically so good enough for a journey to April
- 33:196th of what time Jennifer. Or Linda.
- 33:25Um, it'll be nice 10:00. I'm sorry.
- 33:29Hey, 10:00 in the morning. Make sure that you paid the
- 33:34whole balance and then they will dismiss it.
- 33:37So you have to know exactly how much you paid.
- 33:39He thinks she'll 1399 17 less whatever you paid in the last
- 33:44two days. So all a journey until next
- 33:47Monday, it would be nice if you didn't have a judgment on your
- 33:50record and you can take care of this and then they'll just go
- 33:54ahead and dismiss it. Okay?
- 33:56Okay, if they if I pay everything by Friday, do I still
- 34:00have to come or do I come on Friday?
- 34:01So I want you to make sure that you have a dismissal in order in
- 34:05hand before you don't show up. So, show up unless you have an
- 34:09order of dismissal that I've signed, and it's been sent to
- 34:12you and received by you, okay? Thank you.
- 34:16Have a good day. YouTube.
- 34:18Bye. Gibraltar Point versus Joseph.
- 34:21Kowalski 2601100 Mr. Kowalski your name.
- 34:26Joseph. Kowalski, Junior, Mr. Brown your
- 34:30name. Jerry Brown did you listen to
- 34:35and understand the rights on the video?
- 34:37Yes, you're on her. You wish to apply for funding or
- 34:41speak to a lawyer know. How much is out on this one?
- 34:47Mr. Brown 100068 dollars, Thirty Four Cents.
- 34:54You agree that you all that amount.
- 34:56No sir. How much do you know now 630
- 35:00dollars? Why did you pay the other?
- 35:02I paid 500 and 448 something this morning. than last week or
- 35:09the week before I paid another 600 or something like that, but
- 35:13it shows on my account on rent Cafe for jobless Wheels, 630
- 35:20dollars. Which I will pay tomorrow.
- 35:25Mr. Brown Is it me or give me the office that text you or
- 35:29email? You or show up when they've got
- 35:31these payments? I don't want to have to keep a
- 35:33journey these if we can avoid it, I'm gonna turn this one day.
- 35:37Able to save this morning now. Okay.
- 35:40April 6th at what time? Blenda.
- 35:45Tell her this attention to. Yeah, you need to pay everything
- 35:48by then sure. Okay, I'm sorry to interrupt so
- 35:52when I pay the rest tomorrow, am I going to get something in the
- 35:54mail? Or is it just gonna be canceled
- 35:57tomorrow? I would still show up unless you
- 36:00have a dismissal order that I've signed in your hand by Saturday,
- 36:04okay. Okay, I appreciate it.
- 36:07All right, we don't want to. We want to make sure that We
- 36:10don't make any errors up here or something doesn't cross the
- 36:13male. You don't want to judge married
- 36:15against you, okay? Yeah.
- 36:17All right, I appreciate it. Your owner.
- 36:19Thank you have a good day. Thank you very much.
- 36:21Epic property versus Do I have Brandy Blas?
- 36:28Jerry, Taylor here 260936 know, I don't see.
- 36:33Those are either one of those, your honor. this is a
- 36:39termination Runner, they appeared, and they Said they're
- 36:43going to be turned into keys and I talked to my client this
- 36:46morning, they said they still haven't turned the key.
- 36:47They left a note in the door saying they vacated but they
- 36:50have not returned the keys so you need a judge.
- 36:54So you need, I'll give you by default.
- 36:58So, we'll give you a great day. Of August.
- 37:02I'm sorry, April the 9th. We please give me that.
- 37:10Judgment this morning, though. Well yeah, I'll get you right.
- 37:13Right and they did with these landlord kind of sound these
- 37:16days so I want to make sure I get to it today.
- 37:18Okay. Thank you.
- 37:19Understood property versus Julian Carol and Ryan, Carroll
- 37:24260187. I have had neither defendant
- 37:30show up on her. You paid for a second mailing,
- 37:34this is for non-payment of rent. You can go ahead and give me
- 37:39your breakdown. And I'll give you the full.
- 37:43Think your honor the rent to retain possession 1,121 dollars.
- 37:50Cost of $223.56, for a total of 1,344.56.
- 38:00Are there any late fees? Checking right now.
- 38:08The late fees and I kept them at 75.
- 38:14There is. Two, two fifty dollar late fee
- 38:18on her. So you're principal sum is only
- 38:211000 21. True.
- 38:24Correct what? Hold on.
- 38:27Wait a minute. They've already added.
- 38:30No wait. So they they made a payment of
- 38:331304 on the 26th take it to a 0 balance so the The numbers that
- 38:38I'm giving our April 1st numbers.
- 38:41So then this just be dismissed her.
- 38:43Okay. Yes, this is this 1400 dollars.
- 38:48The amount. And that is all from April 1st.
- 38:52So, yeah. So they made the payment zero.
- 38:53The balance out, on the case, dismissed motion of the
- 38:56plaintiff, epic property versus cannas walk, right?
- 38:59All right, friends. Good morning.
- 39:01Once again, TCF live a hectic Monday out there.
- 39:04Again, I'm flying in the blind. I have no idea how many of you
- 39:08are watching this morning because YouTube stats are
- 39:10broken. So, do me a favor, say, good
- 39:12morning in the chat, if you have not already.
- 39:14So you're there. But I do know this. 80% of the
- 39:20audience who watches this channel is not subscribed to
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- 39:26this morning you aren't subscribed, do me a favor and
- 39:29hit that subscribe button. There is a war going on right
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- 40:02going to keep getting more and more.
- 40:03AI slop. Ah, let's do this.
- 40:06Let's go up to judge, judge, Elmore, say, good morning to
- 40:11him. Call by taking up the case.
- 40:17Oh, people in the state of Michigan versus Jack.
- 40:20Daniel showed him back. This is file number 251-4168 FH
- 40:27appearances from Council, please.
- 40:43we are on the record this morning to the PSI here just a
- 40:52second and I had a question. He still serving a jail
- 41:05sentence. Like what he was serving,
- 41:08another jail something, right? He yes, multiple cases.
- 41:14Yeah, I just want to make the reason for asking questions to
- 41:17make sure it won't miss any credit, right?
- 41:20He's right. I, I understand this one.
- 41:22I made, I'm sorry and the Pro Bowl, correct?
- 41:26Yes. And are there any still serving
- 41:30that sentence about 132 days? No. it's expired, but trying to
- 41:38get the date for you, all right? This is January 1st January, I
- 41:46know problem. I just want to make sure that
- 41:47I'm I have just an idea of what the time is that he's been
- 41:51serving and can well it may not be authorized.
- 41:55I'm sorry. Automatically included for geo
- 41:59credit. I'm just mentioning it out loud
- 42:00so there's a record of me doing something.
- 42:05All right, so now I'm going to continue to look here at the
- 42:08case after I have a file. The court will know just for the
- 42:20events that I didn't know through the Precedence
- 42:23investigation report. I think there are a couple cases
- 42:26that were dismissed currently while they're listening does not
- 42:30consider them. Well, he reads through papers
- 42:49Tim, thank you that. I For any corrections myself for
- 42:55us now, turn it over to the people MS. Dalton the Amendments
- 42:58questions or rejects the nature of the contents of this report.
- 43:01And I would ask for a correction on page 14.
- 43:05Of cfj to 84. They're others.
- 43:12Brittany valence. It's States is a significant
- 43:15other. I would ask that it be amended
- 43:18for corrected to former significant Association no
- 43:21longer in relationships. Whole time.
- 43:30So you don't according to her. She's she's allows me wants to
- 43:35be so wait for me. That was her worst.
- 43:38I can show you who I don't really matter.
- 43:41We'll just leave them alone. I don't unless you here and she
- 43:47here. To be here.
- 43:56From the jail on Chase contact us making mental note, my own
- 44:04minds. It's not that big of a joke.
- 44:07All right, any other corrections.
- 44:08I miss your Harris. I know proposed correctives,
- 44:14allocation Minister Harris. Well, I'm okay.
- 44:20I'm wondering how rather this is a definitely the less I say, the
- 44:25better type situation, it's a favorable recommendation, it's a
- 44:30very good setting to guideline given his somewhat cluttered
- 44:36past I would simply make a note that he has been in jail for 133
- 44:41days. and it looks like I've got a yeah, I was November when he
- 44:48got arrested, it took us a while to sort out what was what, who
- 44:52was, who as far as like, the overlapping people that had sort
- 44:58of a Lima on him, but here's where we are. this is, A good
- 45:04joke for someone to intervene with Jack because For the first
- 45:10time in a long time, I think his head is relatively clear.
- 45:14He made. Excellent, statements regarding
- 45:18the future to me, which indicates to me that he has some
- 45:21degree of insight that perhaps his lacking in the past.
- 45:25And I'm pretty impressed with his demeanors far as dealing,
- 45:31with this case, in the state of matter, and being on these with
- 45:35me, with regard to his attention for the future, I think he has
- 45:40better days in front of him. And I think once all of this
- 45:45stuff and that includes the state of Ohio, etc.
- 45:48Etc is behind behind him. He's got a good plan, the good
- 45:54outlook for the future. The bottom line is, I think a
- 46:00lot of his criminal Behavior can be associated with substance,
- 46:04use and abuse, and the, his overall recognition of that is
- 46:10pretty impressive to me. And that's to conversation.
- 46:15He and I have been having is how do we, how do we not have the
- 46:19cycle? Repeat itself in the future?
- 46:22And like I said, I've been impressed with this maturity and
- 46:27insight that he's expressed to me and that regardless I think
- 46:31the recommendation, you know, zero to 17 for six months, jail
- 46:35sentence, I think is so appropriate here that I don't
- 46:41even know if I would have any way to convince you judge, that
- 46:46was an unreasonable request. But for the fact that he's
- 46:49already stepped 133 days in custody.
- 46:53We realized he's not entitled the day for day credit for that,
- 46:56but that is a significant amount of time and I think he's used to
- 47:01wisely. Thank you.
- 47:02Thank you. Miss doll.
- 47:21Snakes. Somebody that he was in a
- 47:34relationship with you. What it meant for her laptop to
- 47:38be stolen for her items to be stolen for her tires, to be the
- 47:43story. He was indicted, she was
- 47:50Childish and his behavior. So at his age I don't believe he
- 47:53is learned what appropriate, behaviorism is deciding.
- 47:58So I believe that's 12-month jail.
- 47:59Sentence would be appropriate in this case.
- 48:03Thank you. In the interest of being
- 48:09thorough. I want to make a statement here
- 48:11on the record before I turned the Mr. Shown back.
- 48:15The killer group agreement. We have here listed in the PSI
- 48:18says kilo route agreement stating.
- 48:22He will pay the 900 dollars in the restitution to the victim
- 48:25because I understand that the 900 dollars is not the entirety
- 48:31of the killer. Little agreement of the words
- 48:34that might be easy to Green to pay the 900 dollars.
- 48:38Well, that does not prohibit the court from issuing any period of
- 48:43confinement or other finds and costs just an agreement that
- 48:47he'll pay the 9 0. 0. 0 0, So really we call it a killer
- 49:10brew, that he's going to pay the nine hundred dollars but it's
- 49:13not a killer Brew. Some tie, the hands of the
- 49:18Court. All right.
- 49:20Thank you. All right, Mr. Sean, baek.
- 49:23Just anything you wish to say before I issue a sentence, this
- 49:26morning, whatever a couple for you.
- 49:29I understand it can be uncomfortable.
- 49:32I understand what she's saying, the whole victimizing
- 49:36everything. You know, it wasn't, it wasn't
- 49:41as bad as I got, like I said, I multiple emails messages and
- 49:49everything, her even saying she was lying like that, her
- 49:52boyfriend made her say happy. So she said you know, which part
- 49:58Because there was another case where they said that I put my
- 50:00hands on her, you know. So they stand like, you know,
- 50:04like the tires and stuff. You know, she said she paid out
- 50:07of pocket for all this stuff but she didn't, you know, my family
- 50:11Victor vehicle. You know, she was living at my
- 50:14house up until last month, you know.
- 50:17So, but yeah, I've been trying like, I understand, like, you
- 50:23know, my anger got the best in me.
- 50:24I was using nothing better than me every time I use them.
- 50:26I, I end up doing some stuff and I come to understand that, you
- 50:31know, and I'm trying to get help, I see CHS every two weeks,
- 50:34Catherine, Michael at the jail. I mean, a group of men, Drew
- 50:38with her. I got pre-approved for Rehab.
- 50:41Obviously, I'm probably not gonna be able to go to the rehab
- 50:43because I got a hold in Ohio. But, um, you know, I've been
- 50:47trying to get it under control. when you talk about the
- 50:54statements made by the girl, and those didn't apply to the
- 50:59stealing of the Backpack. Well, she told me.
- 51:03She understood why? Because she She touched up for
- 51:08me, that was in that backpack. Not, I took backpack to get
- 51:11myself back and then gave it backpack to the cops.
- 51:14Like she was asked me, I said here's her first off, you know,
- 51:16I'm not gonna damage or anything.
- 51:18I gave it right back to that because I didn't want her stuff.
- 51:20I wanted my stuff Okay, you know, and I understand that I
- 51:25had a key to the truck and everything.
- 51:26I didn't break into it, I opened the door with a key of the
- 51:30backpack that had a bunch of my stuff in it and you know, I
- 51:34mean, I know I shouldn't have did it.
- 51:35I guess, you know, I didn't realize it was gonna be as big,
- 51:37you know, and the idea I did the table over so the vehicle.
- 51:42Yes. Who owned the vehicle Brittany
- 51:45on the vehicle and were you dating Brittany at the time?
- 51:51and, Fire to that day. When was the last time you had
- 51:59access to that vehicle that morning?
- 52:04What did you do that? I don't have a marvelous know, I
- 52:11was in the vehicle with her that morning.
- 52:12When we got up, we got up and started the people, and we're
- 52:14getting ready to leave. And then all those.
- 52:20What do you mean by that? She was in jail, the previous
- 52:28week and I brought to her. She called him.
- 52:31He started threatening me on the phone.
- 52:33So I broke her phone. Okay.
- 52:36And so, when after that, did you go back into the car and take
- 52:39the back later that night? And who's backpack wasn't it was
- 52:43her backpack? Okay. and, Later that night.
- 52:51Where were you living with her at the time?
- 52:53She was living with me. oh, What pushed the court in a bit of a?
- 53:07Mister Harrison. I think, what should I, what
- 53:13should we be doing? I mean, your client.
- 53:15Now is telling me he didn't do anything wrong with that.
- 53:18I don't believe I wasn't right. I'm not saying it wasn't.
- 53:21It was her truck. You know, I just didn't realize
- 53:24it was a felony to open a car door with a key, you know, I
- 53:26mean, I understand her back. I actually, you know, I think he
- 53:30was gonna go that far, you know? yes, I I know I was All right,
- 53:39thank you for. And like I said, once again, I
- 53:46was on the academy. And that's just, I just can't
- 53:49hear you. So I decided to destroy stuff
- 53:54and that's not smart either. But I understand that.
- 53:59Hold on. I miss don't.
- 54:25When I look at CFG 284 page 12, and now look at the two cases,
- 54:3013 and 14 of 14. Why are there two files?
- 54:45But this is all the same day. The same page for coming.
- 54:53The sheriff's department, investigated the morning,
- 54:55domestic violence, and self-image later.
- 54:58She went to work. All right, well she was at work.
- 55:01He broke into her vehicle. / retires and prefer laptop.
- 55:07Two different entities, law enforcement entities that
- 55:11investigated based on their location was It is my I
- 55:17understand that. and I'm you when I was downstairs in that
- 55:25office, I had similar things and because I know each agency wants
- 55:30to keep track of their numbers and they all want to get Passing
- 55:34the background, many cases. Do you have any idea?
- 55:37I'm looking at how much time because your office, charged,
- 55:40two different files. The even though they're all the
- 55:44same day, same series of events and related.
- 55:48And then he gets one case resolved.
- 55:52He gets arrested by the way in the same date.
- 55:56And he gets 20 days and one case.
- 55:58So I'm going to give you credit for the 20s because the
- 56:02Prosecutors Office decided to take twice as much, time twice
- 56:06as much energy and sent you one one case where you should have
- 56:11gotten Credit in this one. That's me is taking up way too
- 56:16much time. So I don't understand that.
- 56:20I understand it's two different agencies, two different reports
- 56:23but judicial efficiency in economy to tell you together or
- 56:30process them together. So, in my mind, I'm going to
- 56:35give you credit for that sentence.
- 56:38Because you should have gotten them resolved at the same time.
- 56:42Doubled, in my opinion. All right, so I continue here.
- 56:47Now, there are other things here that don't go well.
- 56:57Mr. Bennett wants cfj 28484 page one.
- 57:01Fourth paragraph. There's just a title within
- 57:07effects, maybe that's what you meant.
- 57:09The within a fence. I don't know, whatever.
- 57:14I just thought it right. Funny, then you're fine.
- 57:16You've got to love adult films eight but don't you have eight
- 57:22missed him. You've got this problem here of
- 57:26a life of drugs weed and elbow. Methamphetamine for nine years,
- 57:34marijuana. or 26 years, which of course is before it became
- 57:42quote, unquote, legal An alcohol.
- 57:46So you've got 36 years of age. You've got 19, felony and
- 57:51misdemeanor convictions, all by the age of 36.
- 57:54You can't jail. Prison probation parole.
- 58:00And you keep involving control and substances.
- 58:04We are setting yourself up for repetitive failures.
- 58:07I don't know what it takes. This is where the court has to
- 58:12balance the interests of Justice turrets.
- 58:17Give opportunities rehab or just take the key, right inside the
- 58:23trash, container here to my right.
- 58:27I don't know exactly what to do to get the message across.
- 58:35I understand your upset, you had a good reason to be upset.
- 58:40You might want to even though you've told me, maybe they're
- 58:43still with this girl or not? Hey you might want to think just
- 58:46yourself choosing yet. No you're not.
- 58:49Okay yeah this really shift needs to end.
- 59:02The criminal history is like I said, I already know.
- 59:05Not good. Your juvenile history.
- 59:07Began in 2003. The first one I noticed you got
- 59:11the disposition in September 3rd of that year.
- 59:15And then you picked up your second juvenile cases.
- 59:17Same day. so, In those, you've got the salt and battery and
- 59:25damage to property. So you've got issues so you go
- 59:33from hot to hot. Oh yeah, between number two and
- 59:38number three is a juvenile. You made it five months and you
- 59:41returned with some more violence. tip number four, you
- 59:45made it about a year and then you picked up and number five,
- 59:48and then Got two cases, that's the same time.
- 59:54In Midland County and you're both dealing with hot headed and
- 59:59she got messy family member. Yes, domestic violence and then
- 1:00:07you've got a malicious destruction of property.
- 1:00:11And then you made it two weeks before you picked up after being
- 1:00:14discharged. From that case, before you pick
- 1:00:17up your first adult case. See, you got more salt and
- 1:00:22batteries, you made it eight days between that.
- 1:00:26And the next case, Went from November 3rd to November 12th.
- 1:00:322006, so you're on probation. You made an eight days.
- 1:00:37You then picked up a home invasion.
- 1:00:41In that file. There were multiple probation
- 1:00:45violations. One, two, three, four.
- 1:00:49Five different. Requests more.
- 1:00:53And you get sent to prison. As an assault resistance started
- 1:01:08police officer. He was on the November 22nd of
- 1:01:132011 and you made it five months into that probation before you
- 1:01:17violating it. And you were on successfully
- 1:01:20discharged. Now, once you just got out of
- 1:01:24jail on that file, on June 15th of 2013, you picked up another
- 1:01:29act of violence. and you had more probation violations in the
- 1:01:35world, successful discharge their I didn't make it about
- 1:01:39three and a half years until 2017, and then you pick up from
- 1:01:44looks like a drug charge. Then you have another case going
- 1:01:48on, at the same time. This one is obviously another
- 1:01:52state called menacing. I assume that's like a disorder.
- 1:01:55We first. Then you had another case that
- 1:01:58picked up about the same time, all.
- 1:02:00So out of state then he had another one while you were on
- 1:02:04bond that about the same time and March of 2000 and 18 cases,
- 1:02:10then he had another one. Also, do you like five or six
- 1:02:13cases going on at the same time? They're all in one thing.
- 1:02:17Yeah, that's yeah. And you get this yellow and
- 1:02:24overlap and his probation violation drugs on authorized.
- 1:02:32Stubble. Its continued receiving and
- 1:02:36concealing stolen property. Another one in 2018, Colonial
- 1:02:42assault, so more violence, then you got to set the prison for
- 1:02:45that one. Yet another one at that same
- 1:02:48Palace is a 6 case going on at the same time as you missed out.
- 1:02:53All right, so now here you are and 2025 and you're violating
- 1:03:00parole, you already picked up. The one case that we talked
- 1:03:03about earlier that was the destruction of property.
- 1:03:06And then, now we're here today for the Washington from the
- 1:03:09motor vehicles. Don't know what to say, but I do
- 1:03:15need to cover. All the reasons for those
- 1:03:18sentence. One thing that you mentioned
- 1:03:33that I highlighted here in my notes go when I and I like to
- 1:03:37read the. Why did you do it question?
- 1:03:39That's on the Your answer was because I was angry.
- 1:03:44Well, anger is something you've got to learn to control because
- 1:03:48I've covered a lot of your anger issues. 36 years of age and you
- 1:03:52got more convictions than most probably 100 people like to walk
- 1:03:59out there, finding they don't have Well, you've got to figure
- 1:04:03out that anger, next one. And I was not a clean thinking
- 1:04:09clearly of the consequences. That to me is one of the issues
- 1:04:14why I kept saying earlier you go from hot to hot fast, The Flash
- 1:04:18to bang time is minimal. and, I'll convictions and Punishment
- 1:04:26are the consequences. That's where I got a focus on
- 1:04:32today. all right, so I know that the intermediate sanctions sell
- 1:04:40suggested by the guidelines. Directs, the court.
- 1:04:47Start off with the presumption of find costs and probation.
- 1:04:53But of course, the law says that where I have reasonable grounds,
- 1:04:58I can deviate and give jail. Also, the court notes that the
- 1:05:03quarters Guided by the statutes. To give probation when I think
- 1:05:09probation. And when I think the person's
- 1:05:11not likely to re-offend By a way, I was able to time
- 1:05:15completely disagree with the language, because it doesn't
- 1:05:18make sense and MCL 771.1. All right. so, the court is
- 1:05:25Sentence. This is 68 dollar State minimum,
- 1:05:29be 130.00 feet. A I'm going to do just a 200
- 1:05:36dollar core cost because these things should realistically been
- 1:05:40processed together. I'm going to do a 500 dollar
- 1:05:44fine, shouldn't be any DNA fee. They won't be any supervision.
- 1:05:48So there's no supervision fee a 200 dollar Corps cost, right,
- 1:05:53attorney fee, and the 900 dollars of restitution.
- 1:05:58That was agreed to at the taking, the plea, and that is
- 1:06:01payable to. And I don't remember her name,
- 1:06:04Brittany valence Brittany. They wants.
- 1:06:09Spelling for Clerk. V a l, l a n c e.
- 1:06:27He doesn't like to give any probation.
- 1:06:29This thing is the court needs to figure out what is the fair and
- 1:06:34appropriate jail sentence in the course of their reasonable
- 1:06:39grounds to jail. Same time, I take a
- 1:06:43consideration that use on. He's got a whole he hasn't heard
- 1:06:48any credit. Automatically by law, but I can
- 1:06:54consider all these. Are conserved part of the
- 1:06:58sentence, because of the other case.
- 1:07:22Court symptoms is the defendant to 100 and 180 days with zero
- 1:07:29days of credit while I give zero days of credit because it's not
- 1:07:33entitled. I have taken it into
- 1:07:35consideration and establishing what I believe their reasonable
- 1:07:39portion of sense. It's also it's also consistent
- 1:07:44with the recommendation from the community.
- 1:07:47The Department of Corrections are.
- 1:07:50I will say I did have here on my initial Post-its.
- 1:07:57I've got. The give the 30065 days.
- 1:08:01What? if everything else, and Back
- 1:08:06that you already got something, some part of this stuff just
- 1:08:09seemed like you should have gotten credit for some of that.
- 1:08:11Anyways, All right. Mr. Harrison is bringing you two
- 1:08:16copies of one document that you're going to place your
- 1:08:18initials on the first copy doing.
- 1:08:21So neither Alexa Norway's in your rights.
- 1:08:23It really acknowledges your receipts and the other copies It
- 1:08:26will take the other copy which this document tells you that you
- 1:08:29have the right, to appeal, the conviction and sentence in your
- 1:08:32case that are typically done by filing a claim of right to
- 1:08:35appeal, if you've been convicted after injury, trial.
- 1:08:39However, based upon the fleet, any appeal is by filing an
- 1:08:43application for lead to a field if you choose to file an
- 1:08:46application will need to deal and you want to appoint an
- 1:08:50attorney to assist you, you may complete the bottom half of the
- 1:08:53copy that Mr Harrison's, given to you and return for 1042 days.
- 1:08:57If you choose not to repeal, you may simply just your copy of
- 1:09:01that document you understand. Yes, sir, that I know your mom's
- 1:09:05here. Let's give Mom some hope that
- 1:09:16method. That's where people make their
- 1:09:18own decisions, right? I mean, obviously made a lot of
- 1:09:22dumb decisions. I covered them all. but, 36.
- 1:09:27That's that's pretty early too. I mean that's young.
- 1:09:30You got plenty of time to pull this around and lead a positive
- 1:09:35life to clean life and stop with another audience installment
- 1:09:39plan. And while orange might look good
- 1:09:42on him, manage your hair color and your beard.
- 1:09:46It's not necessarily the most flattering outfit for.
- 1:09:49So let's start and plus the accessories that you have on,
- 1:09:52aren't that good either. So seriously, let's figure this
- 1:09:56out. Keep going to Community Mental
- 1:09:58Health. Keep getting help.
- 1:09:59Thanks and go to, I gotta go to Ohio for my violation.
- 1:10:06When I come back, I'm playing to come back.
- 1:10:09Cadillac 500 or rehab as soon as I come back.
- 1:10:11Have the Human Services. There's gonna help me get back
- 1:10:14and we have. So yeah, I'm gonna go do like a
- 1:10:17six-month program or something. Just we've got a good program
- 1:10:20through a dictionary Treatment Services.
- 1:10:22That's where that's where I was at.
- 1:10:24Yeah. That's where is it?
- 1:10:25You have any questions? There's anything I can do and
- 1:10:30place a phone. Call up there, to Paul and her
- 1:10:33team that will do so that, all right, we're here, thank you.
- 1:10:40It's TCF live on a Monday where we take today's greatest Court
- 1:10:44hits and mix them beat to be beaten back to back.
- 1:10:47Let's go down to Florida for judge, Mercer's stunning
- 1:10:51rendition of Wishy, the best sir.
- 1:10:55It's your diet. Are you here?
- 1:10:56Because you've been accused with one count of domestic violence
- 1:10:59battery Mr. Jeter. There is probable cause for the
- 1:11:01charge, as far as I can tell Mr. GTR, I think you're entitled to
- 1:11:04a bond because I don't think you're on probation anywhere.
- 1:11:06As far as I can tell, you don't have any charges pending.
- 1:11:09Is that correct? You have.
- 1:11:11No charges pending, correct? Yes, sir.
- 1:11:13And you're not on probation anywhere, are you?
- 1:11:15That's good. So I think your entire trip on.
- 1:11:19I'm gonna listen to the attorneys before I set that Bond
- 1:11:21Mr. Mitchell anything from the state know you're right, Mr.
- 1:11:24McDaniel, I know you so Mr. G. I did take a look at your
- 1:11:27criminal history and I this year prior battery on a different
- 1:11:30female. So for that reason, I think your
- 1:11:33sinus eventually to four months in jail and that case I want to
- 1:11:35send it to your boss, excuse me, I'm gonna set you on a 3500
- 1:11:39dollars, cashier charity, so cash or Surety ladies means he
- 1:11:42does not have to come up with all the money he can go through
- 1:11:44a bondsman that bossman fee is usually about 10%, but they will
- 1:11:47negotiate how that 10% is paid. 300 dollars worth of cost to get
- 1:11:52him out of jail. You have a condition of
- 1:11:53absolutely, no contact. The legend victim at all.
- 1:11:56No electronic contact. No telephone contact.
- 1:11:58No contact now if you and she both won't contact.
- 1:12:02We'll cross that bridge in the future.
- 1:12:04But for right now, no contact. Let me see if your family has
- 1:12:06any questions first. You know, any questions he needs
- 1:12:11to tell her. I can't talk to you, hang up the
- 1:12:13phone. They don't have agents, right?
- 1:12:15So no contact went forever, no content.
- 1:12:19She can't be held. Criminally responsible because
- 1:12:22she's doesn't have a no contact order.
- 1:12:24He has a no contact order because he's defended but he
- 1:12:27can't talk to her. Now if she wants to have contact
- 1:12:30with contact the Jackson County Probation office and they have a
- 1:12:33forum or contact say attorney's office, they have a form to fill
- 1:12:36out and she can request contact. But until that's approved by
- 1:12:38judge. It's better off for him so I
- 1:12:41have no contact whatsoever. Okay.
- 1:12:45Then he can go to jail if he gets it, would violate his bond
- 1:12:49and his bond will be revoked and he would have no bond you'll be
- 1:12:51in jail with no bond. That's how seriously.
- 1:12:55You should make sure you understand no contact.
- 1:12:57Okay? Mister Peter.
- 1:12:59Do you have any questions? Okay, so as soon as the money's
- 1:13:03posted, he'll be released the jails and give you a notice for
- 1:13:06your court date. Your court will be able 27th at
- 1:13:099 a.m. and the jail will give you a written notice for that
- 1:13:11day. Mr. Jeter.
- 1:13:13We wish you the best. Sat on the Raymond document.
- 1:13:25It was. People are called Dalton Parker.
- 1:13:30For the courtrooms. Yeah.
- 1:13:31So man those cases are in other court today because we got some
- 1:13:34issues. Yeah so can we just to take this
- 1:13:38you can go here man but we get them to make sure anybody on the
- 1:13:41Raymond, these go that courtroom.
- 1:13:42I don't know how they I don't see it all the Parker, he's got
- 1:13:45the private attorney. Oh, you had a question, man.
- 1:13:54You can't, if you want to put up all the all 3500, you go to the
- 1:13:58jail with 3500 dollars. If you want to contact the
- 1:14:00Bossman, you contact, the Bossman of your own children,
- 1:14:02whoever you wish and they'll explain the process to you, and
- 1:14:05they'll give you a fee. There's several ma'am.
- 1:14:08There's a list of them at the jail.
- 1:14:09You also can look in the internet.
- 1:14:11I know that we have about two or three local.
- 1:14:14You have a list down stairs, still I know that Finch Bail
- 1:14:20Bonds Miss Emmanuel and there's one more D&D, they're the three
- 1:14:26local ones that I know. Thank you Father the next case
- 1:14:32we have a Jeremy Blanchett. It.
- 1:14:38Blanket. Good morning, Mr. Blanchett.
- 1:14:40You're here because you've been accused of one count of driving
- 1:14:42while license suspended. That's been expired.
- 1:14:45Excuse me. So it's not as suspended.
- 1:14:46Expired more than six months, Mr. Blanchett.
- 1:14:49I'm appointing the public defender's office.
- 1:14:51Represent you this morning. I'm telling you.
- 1:14:52There is probable cause in the complaint please listen to Mr.
- 1:14:55McDaniel he's kind of going to tell us where we need to go from
- 1:14:57here. Gonna we just ask some kind of
- 1:14:59reasonable release options Mr. Mitchell anything?
- 1:15:02Oh, I don't remember much criminal history other than one
- 1:15:06prior charge for the same thing. It was about 10 years ago,
- 1:15:09something else I was that same charge enter 12 years ago, so I
- 1:15:13see two, Mr. Blanchett. Are you employed sir?
- 1:15:19Yes. Where do you work at?
- 1:15:21I work on a farm. I'm a farm hand.
- 1:15:26For pharmacy. Fowler okay.
- 1:15:32Hey Farm. Hey, cows horses Ducks.
- 1:15:36Mr. Which are Blanchett. I'm gonna let you pick between
- 1:15:40the bond and the conditional release, giving your criminal
- 1:15:43history. Being as good as if you like the
- 1:15:44post, the bond, your bond is 2500 dollars cash or Surety.
- 1:15:48I am going to offer you a conditional release because of
- 1:15:50your criminal history being so good.
- 1:15:52Either way you will have a conditioned not to drive a motor
- 1:15:54vehicle. Unless you get out of license,
- 1:15:56you get a valid license. Driving is fine, but unless you
- 1:15:59get caught driving without a valid license, that would
- 1:16:02violate your ball and all you release.
- 1:16:03You have any questions about the choice between Bond or
- 1:16:06conditional release? Yes, I don't understand that.
- 1:16:11Okay, I'll be glad to explain it.
- 1:16:12So on a bond, that works too ways.
- 1:16:13Two ways of bond, Works your boss, 2500 dollars.
- 1:16:16You can put up all 2500 dollars and get out of jail.
- 1:16:19Will give you a court date. The conditions of that Bond
- 1:16:22would be don't miss any court dates.
- 1:16:23Don't we charged with any new crimes and don't be driving
- 1:16:26without a license? That's how Bond works.
- 1:16:28The second way of bond works is you don't put up all 200, 2500
- 1:16:32dollars you go through a bondsman you pay that boss.
- 1:16:34But they fee. That fee is set at 10 percentage
- 1:16:39hate. How much you pay up front, they
- 1:16:40have to charge you 10% And then they vouch for your appearance.
- 1:16:45So you pay them $250 they have about for your parents.
- 1:16:49If you miss Court they have to pay the bond and if you don't
- 1:16:53miss Court then eventually you know the case is over and they
- 1:16:57will keep that 250. So the difference is, if you pay
- 1:17:00the money yourself, you get it back.
- 1:17:02If the case is dismissed, if you go through a bonds, when you
- 1:17:05don't get it back, that's their fee for getting you out of jail.
- 1:17:07That's how Bond works. Because of your history being so
- 1:17:11good. You're also being offered.
- 1:17:12What's known as a conditional release.
- 1:17:13That's different than a bond. A condition at least means you
- 1:17:16get out of jail without putting up any money, but on a
- 1:17:19conditional release, you have more rules to follow than a bond
- 1:17:21has it's it's cheaper. Usually, but it has more rules
- 1:17:25to follow on a conditional, you've got the same rules as a
- 1:17:27bond, plus other rules on a conditional release.
- 1:17:30You can't miss in court dates, you can't be charged with any
- 1:17:32crimes. You can't be driving.
- 1:17:33But in addition to those, on a conditional release, you have to
- 1:17:36report in once a week, by telephone, on a conditional
- 1:17:38release, you cannot possess your consume alcoholic beverages on
- 1:17:41conditionally, you can be drug tested and you have to pay a
- 1:17:44cost of supervision which is 30 dollars a month.
- 1:17:47So conditional release usually is cheaper but the trade-off is
- 1:17:50its it has more rules to follow. Then a bond us on conditional
- 1:17:55release, you're reporting by phone not in person that's by
- 1:17:58phone once a week. That's the difference between
- 1:18:00Bond and the conditional release.
- 1:18:02Any questions about that choice? Then How long is my?
- 1:18:09How long does it take to get it over with you'll be in court on?
- 1:18:15Oh, your court is going to April the 27th, that's less than a
- 1:18:20month away. It may be resolved that day if
- 1:18:23it's not resolved that day, you'll get a court date about 45
- 1:18:25days. After that, the average case
- 1:18:28like this probably is through our system.
- 1:18:30In two to three months, is probably an average on the high
- 1:18:33end, some go longer but those are pretty rare.
- 1:18:36Any other questions? No.
- 1:18:40You want to push the bar, you want to accept the conditional
- 1:18:42release? Conditional release my
- 1:18:45grandchild, the conditional release.
- 1:18:46When you get to the courthouse, they'll give you your notice for
- 1:18:49your next court date, which will be April, 27th at 9 a.m.
- 1:18:51Mr. Blanchett, what's going to happen next?
- 1:18:54Is the jail is going to let you use the phone, the staff,
- 1:18:56they'll let you use the phone. The reason for that is in case
- 1:18:59you need to set up transportation in contact,
- 1:19:01friends or family. If you wish for transportation
- 1:19:03purposes, after you use the phone and you get dressed in
- 1:19:06your regular clothes, you'll be brought to the courthouse.
- 1:19:09The reason for that is that the courthouse is where the
- 1:19:11conditional release offices at. So you'll come to the
- 1:19:14courthouse, you'll meet with a conditionally officer, Mr.
- 1:19:16Goodson or Mr. Ham, one of those guys will meet with you.
- 1:19:19Go over the release with you, then you'll be free to leave.
- 1:19:22So if you do call friends or family you can tell them that
- 1:19:25you can pick up at the Jackson County courthouse in, probably
- 1:19:2730 to 45 minutes from now. Any questions?
- 1:19:30Okay. No answer.
- 1:19:32I wish you the best Blanchette, don't forget, go get your
- 1:19:34driver's license. Do you guys the Department of
- 1:19:37Motor Vehicles? Okay.
- 1:19:40We have Deborah Conley. This Carnegie.
- 1:19:48Good morning this carnal you're here, because you've been
- 1:19:50accused of violent in front of your state probation.
- 1:19:52I've got a copy of a violation probation warning in front of
- 1:19:55me. It has no bond on it, it's
- 1:19:57currently. What I'm going to do is go ahead
- 1:19:59and arrange you on this VIP and try to get your lawyer pointed.
- 1:20:02If you're asking for one, just call me.
- 1:20:03Would you like to have an attorney appointed?
- 1:20:05A represent you in this case, Yes.
- 1:20:08I'm going to point the public defender's office represent
- 1:20:10Gmail. Please listen to Mr. Mike Daniel
- 1:20:11and we'll see if you have any questions in just a minute.
- 1:20:13You know. April 23rd Mr. Mitchell
- 1:20:25anything. Oh, miss Carly as Mr. Bean said
- 1:20:29someone from the pope before that court date.
- 1:20:32Do you have any questions? All right, man.
- 1:20:36Have a good day. Kalinda all house.
- 1:20:43It's our house. Good morning, Miss all house.
- 1:20:47You're here because you've been accused of one, kind of battery
- 1:20:49as a complaint ma'am. I'm gonna listen to the
- 1:20:52attorneys on the issue of probable cause before we go
- 1:20:54further Mr. McDaniel anything? Oh, you honor.
- 1:20:57I just was lacking any kind of striking or you know?
- 1:21:03It really revolves around. I think you know a lot of times
- 1:21:06that the police special Mary and police for me get calls
- 1:21:10frequently from someone so they just want to put somebody in
- 1:21:13jail you know. So they don't get another phone
- 1:21:15call and I know that was frequently you know interactions
- 1:21:20as last week from Mary athlete's Department with her mother.
- 1:21:23So you know it's just I didn't see anything in there that Rose
- 1:21:27to a battery that we asked for the just take photos.
- 1:21:30Look at it. Thank you.
- 1:21:31Mister Mitchell here on another complaint doesn't exactly say
- 1:21:35that mention any type of particular striking, but it does
- 1:21:39make it does allege to there being a physical altercation.
- 1:21:44Then when the officer came back, observed a I think they said a
- 1:21:49hematoma on the alleged victims head at that point.
- 1:21:53I think, in that situation, circumstantially, you could take
- 1:21:57into effect that there was PC for a battery by.
- 1:22:00I do see the issues that there is that there's never such that
- 1:22:05there's never the term touch or strike included in there.
- 1:22:08I think if of course he's fit maybe the best way to be,
- 1:22:11probably give her a conditional release and then I further
- 1:22:14evaluate this and maybe get in touch with MPD and see if they
- 1:22:18can amend the complaint. So, the problem with that
- 1:22:22argument is this sentence, observe scratches beneath, both
- 1:22:25of colindas eyes, as well as scratches long.
- 1:22:28Both of her arms, So Andrew did not mean probable cause if that
- 1:22:32were the case, they could have arrested the other person.
- 1:22:35Just because there's Andrew doesn't mean there's probable.
- 1:22:38Cause, secondly, I can't give her a conditional release
- 1:22:40because I can't give a condition lease.
- 1:22:42Unless I find there's probable cause first.
- 1:22:44You can't put any restrictions on the Liberty.
- 1:22:46If there's no probable, cause conditioner release Roars.
- 1:22:48So, there's no probable cause this off house battery is an
- 1:22:53unlawful touching his tracking of another person.
- 1:22:55And the complaint doesn't allow you ever touch or stroke struck
- 1:22:59anyone. It's just not in here.
- 1:23:01That's it's a very simple sentence to to put in there.
- 1:23:04The officer probably didn't realize they're in a hurry, they
- 1:23:07got a lot of calls going on, I don't know the reason, but they
- 1:23:10have to allege the elements of the crime and the element of the
- 1:23:12crime, is you touch or struck. Someone saying that there's a
- 1:23:15physical altercation does not mean that I have no idea what
- 1:23:18happened, but you, this is not, this is not probable cause for
- 1:23:21the karma battery. What that means is when I find a
- 1:23:24probable cause I have two choices, I can hold you for a
- 1:23:28maximum 24 hours. Give the officer chance to amend
- 1:23:31the complaint. I don't mind the amend it.
- 1:23:33But holding you is the concern and whether or not I hold you is
- 1:23:38the pent upon your criminal history, frankly.
- 1:23:40And as well as the seriousness of the charge, the second option
- 1:23:43I have is just to let you out and deal.
- 1:23:46With this case later, this is not me the case has been
- 1:23:48dismissed. It means that what this officer
- 1:23:50put in this complaint does not have all the elements of
- 1:23:52battery. And it doesn't have the biggest
- 1:23:54element, which is unlawful touching, or striking of another
- 1:23:57person. So, what I'm going to do is I'm
- 1:23:59gonna find there's no probable cause you're going to be
- 1:24:00released That does not mean the case is being dismissed.
- 1:24:03Mr. Mitchell's office will have to look at it.
- 1:24:05The officer certainly has a chance to amend the complaint
- 1:24:07appears she wants to and include the elements of battery and if
- 1:24:11they do that Mr. Mitchell's office may decide to go forward
- 1:24:13with the battery. So it's important that you make
- 1:24:16sure that the clerk's office has a good mailing address for you.
- 1:24:20I don't know where you're going to be staying at because I know
- 1:24:22this altercation was with your mother, I believe.
- 1:24:24So you need to make sure you get the first off the good mailing
- 1:24:26address for you today if possible.
- 1:24:29So, they'll know where to send you notice if the state does, in
- 1:24:31fact charge you, but as far as probable cause and what's here
- 1:24:34right now, it's not there. You're going to be released on
- 1:24:37this case, at least for the time being, we'll deal with it later.
- 1:24:40If, and when the officer wins the complaint Ms off house, do
- 1:24:44you have any questions? No, thank you.
- 1:24:46Your honor. Yes, ma'am.
- 1:24:48You're welcome. Have a good day.
- 1:24:50We've already seen Mr. Jeter, that brings us to John
- 1:24:53carrier's, Cody. Mr. Carter.
- 1:25:00Good morning you here because you've been accused of leaving
- 1:25:03scene of an accident without giving the proper information.
- 1:25:05And I believe there's already a bond set on the warrant in this
- 1:25:09case of 2500 dollars cash or Surety anything else from the
- 1:25:11state or defense Mr. McDaniel anything Mr?
- 1:25:14Mitchell. So Mr. Cody, you've got a bond
- 1:25:18set. You not be made all for.
- 1:25:19In this case today, in the reason you're not, is that I am
- 1:25:23not 99% sure. The legislature changed the law
- 1:25:25on restitution maybe in July so there.
- 1:25:29I think they changed a lot in the state.
- 1:25:31Now can collect restitution in these kind of cases for damages,
- 1:25:35and that was not the law before around July.
- 1:25:38So I need to give the state some time to look into.
- 1:25:40This was a reinsurance involved on the other side.
- 1:25:42There's a bunch of restitution owed if so, how much and to whom
- 1:25:45it's so plus your criminal history leads me to believe if I
- 1:25:49proved in all from this case, it might be a jail sentence anyway.
- 1:25:52So you've got the bond set for you.
- 1:25:54If you post the ball and you'll be released, your bond does have
- 1:25:57a condition. No contact with the individuals
- 1:25:59involved in the Auto accident that you were allegedly involved
- 1:26:01in Mr. Cody you'll get a chance to use the phone and start to
- 1:26:04try to post a bond. Also you'll be giving a notice
- 1:26:07to your court date which is April 27th that court date is an
- 1:26:10out of custody day. What that means is if you're in
- 1:26:13custody, you'll come on a different day.
- 1:26:14But if you if you're not able to post bond, excuse me, if you do
- 1:26:18post bond, your coordinate will be able to 27 Mr. Cody, do you
- 1:26:21have any questions? You know, where I get probation
- 1:26:24because I didn't receive no letter to come to court.
- 1:26:26Because I've been down here, giving your criminal history.
- 1:26:31I'm I'm not a proving probation today.
- 1:26:33I've seen you meant more times now, but now once Mr, Mitchell
- 1:26:37gets a chance to look into the restitution probation may become
- 1:26:41an option. If there's a substantial amount
- 1:26:42of restitution I owed, and that's the only way we can
- 1:26:44collect it. If I finish you to jail, The
- 1:26:46Legend doesn't get anything. But if I sent you probation,
- 1:26:49they may make it something. You are not being offered
- 1:26:54probation today, you may be offer probation at later court
- 1:26:57date. Okay.
- 1:26:58Okay. Yeah, I got a job.
- 1:26:59I worked out here. I'm just trying to get the best.
- 1:27:02Okay. I understand we'll see if you
- 1:27:06post you get a chance to use the phone a few minutes Mr. Cody.
- 1:27:08Yes, After Mr. Cody, we have Willie Corbin
- 1:27:25Mr. Corbin good morning, Mr. Corbin you're here because
- 1:27:27you've been accused of one kind of possession.
- 1:27:29Drug perennial. Mr. Corbin there is probable.
- 1:27:31Cause for that charge, I'm appointing the public defender's
- 1:27:33office. Represent.
- 1:27:34You want to ask you listen to Mr. McDaniel sir, just a
- 1:27:37reasonably soft shown her. Thank you.
- 1:27:39Mister Mitchell. Anything from the state?
- 1:27:41Whatever option he gets, we just request to be subject to random
- 1:27:45uas. Thank you, Mr. Corbin based upon
- 1:27:47your criminal history, your bonds going to be 3500 dollars
- 1:27:51cash or Surety. You have a condition of random
- 1:27:54year analysis on that Bond. You can be drug tested and like
- 1:27:56they will be drug tested. Mr. Corbin if you throw that
- 1:27:59drug test, that would violate your bond.
- 1:28:00So I sure where of that, you'll get a chance to use the phone in
- 1:28:03a few minutes to try to post the bond, and you also will get a
- 1:28:06notice from the first appearance.
- 1:28:07Team, the jail staff. and just a few minutes for your court date,
- 1:28:11which will be April 27th at 9 a.m. 9, a.m.
- 1:28:16April 27th, would be a court date.
- 1:28:18Any questions sir? Yes, sir.
- 1:28:19All right, so we should have been You don't today's the
- 1:28:24cutoff for the felony, Michael Williams.
- 1:28:33You're here, because you've been accused of five charges, you've
- 1:28:38been accused of possession with intent to sell or deliver a
- 1:28:41controlled substance. You've been accused of one, kind
- 1:28:43of smuggling Contraband into a jail that was marijuana, a
- 1:28:46separate count of Contraband into a jail, which is a weapon
- 1:28:50one count of driving while license suspended.
- 1:28:53A revoke knowingly and one kind of possession of marijuana
- 1:28:55within 1000 feet of a church. We The attorneys and myself have
- 1:28:59discussed. Some probable cause issues this
- 1:29:01morning. So listen to the attorneys and
- 1:29:03we'll see where we go from there.
- 1:29:04Mr. McDaniel, is he going to be half of Mr?
- 1:29:05Williams just reasonably Mr. Mitchell.
- 1:29:09Whatever Bond you decide to give them and I know you'll probably
- 1:29:14address the PC concerns when it comes to the possession of
- 1:29:17marijuana charge. Whatever on you again, we just
- 1:29:20requested the subject to random uas.
- 1:29:22Thank you. So Mr. Williams, The Possession
- 1:29:24marijuana within the feet of a church.
- 1:29:26There's no problems for that charge.
- 1:29:28There's not such a crime in Florida.
- 1:29:30There is a crime of possession of marijuana with intent to sale
- 1:29:34within 1000 feet of a church. But not just possession of
- 1:29:37marijuana within 1000 feet. I think he got a little
- 1:29:42confusing here, but there's probably calls for possession
- 1:29:45with intent to say upon the number of packages of marijuana
- 1:29:49in the total amount. What I'm going to do is find no
- 1:29:52problem calls on the reference to church because it's not
- 1:29:54coupled with the underlying charge, it should be.
- 1:29:58On the others there is probable calls.
- 1:29:59I'm just going to set your bond at 5,000 dollars on those
- 1:30:02felony, charges each Actually, I'm not going to do that.
- 1:30:07I'm gonna set it at 5,000 dollars on the A control
- 1:30:10substance on 2500 dollars on the marijuana and weapon and 1,000
- 1:30:16on the driver license suspended. That's 11,000 dollars.
- 1:30:19Total Mr. McDaniel. And Mr. Mitchell have made some
- 1:30:24hats and discussions about the stop the whether or not you can
- 1:30:28use a phone under those circumstances in Florida.
- 1:30:30And frankly, it's a little confusing to all of us.
- 1:30:32I try to do some research myself, at least to me.
- 1:30:35Like you can use a handheld device as long as you're not in
- 1:30:38the school or work Zone and as long as you're not texting with
- 1:30:41it. So I its I'm just setting the
- 1:30:44bond and we'll let the attorneys in the judge, figure that out
- 1:30:47later on down the road. So your band is 11,000 dollars.
- 1:30:50Total, that's cash or Surety. I mean, you can go through a
- 1:30:54bondsman and you have a condition of random year
- 1:30:57analysis. I'm going to ask Joe to give you
- 1:30:59another for your court date, Mr. Williams and that will be seven.
- 1:31:03This is the cutoff day. So it's the seventh April, Yes,
- 1:31:07April 7th. You want him on that document,
- 1:31:10there's virtually no chance of information being filed by the
- 1:31:13end. You still want them on that
- 1:31:14documentary Mitchell. Given the fact that we may have
- 1:31:17to amend the final charge. I would say put them on the
- 1:31:19mayor, okay? So in your case, make sure Genie
- 1:31:24knows we did that because there's no way that information
- 1:31:26father that quick A special with confusing fact pattern.
- 1:31:30So your court date won't be April, the 7th, your court date
- 1:31:33to be made the 5th. May the 5th at 8:30 will be.
- 1:31:37Notice the jail will give you in just a few minutes.
- 1:31:40Mr. Williams, you'll get use a phone shortly to try to post the
- 1:31:43body. You have any questions, sir?
- 1:31:44All the question I have is about my child support.
- 1:31:46So when did that get? I know I should have a child
- 1:31:49support issue. Here.
- 1:31:51Okay, so that's not on the jail sheet mom.
- 1:31:57I wouldn't even wear that, but Mr. McDaniel is telling me you
- 1:32:00have a hearing today at 1:30. So you've got a hearing today at
- 1:32:031:30 on that child, support issue.
- 1:32:06So, they'll do that by phone or video from the jail.
- 1:32:09So, what happens when the child support?
- 1:32:15Yes, sir. That's right.
- 1:32:16You might not be mine. I get out so you need to wait
- 1:32:18till I hearing first. Yes, sir.
- 1:32:20All right, have a good day. Thank you.
- 1:32:25Clayton, Langston. Langston.
- 1:32:34Good morning, Mr. Langston, you're here because you've been
- 1:32:36accused of one, kind of possession of cocaine and one
- 1:32:38kind of possession of drug paraphernalia.
- 1:32:40There is probable, cause in the complaint Mr. Langston, the
- 1:32:43criminal history, I've got Appears to show that you have
- 1:32:46never been arrested anywhere. Is that correct?
- 1:32:49Okay okay that's great and also the jail sheet says that you
- 1:32:54work at a Farms Mike Williams Farms that's in Jackson County.
- 1:32:58Is that right? Yes there's Friday from the long
- 1:33:01prison. Let's listen to the attorneys
- 1:33:04and we'll see where we go. For Bond over lease options, Mr.
- 1:33:07McDaniel, anything, just a reasonable release option.
- 1:33:13As long as he's subject to random, UA's, Mr. Langston,
- 1:33:17giving your lack of any history. I'm gonna let you pick between a
- 1:33:19bond in the conditional release, it is a felony charge.
- 1:33:21So if you choose the bond, your bond will be 5000 dollars cash
- 1:33:24or Surety, but I am going to help you a conditionally because
- 1:33:27you're lack of any History. Either way, whether you choose
- 1:33:30the bond or conditionally, she will have a condition of random
- 1:33:32or analysis on the she probably heard me explain the Conditions
- 1:33:37of how conditionally works early.
- 1:33:39Now just a second charge of opening up that bonds.
- 1:33:42Your choice is our 6000 Bond, cashiered or conditional release
- 1:33:47with a standard conditions of release, plus a brand of your
- 1:33:49analysis condition, you know, which you want to choose or you
- 1:33:52have questions Mr. Langston conditions over.
- 1:33:56I'm a graduate conditionally. You're going to get used a foam.
- 1:33:59Mr. Langston to contact, friends and family, then they're going
- 1:34:01to bring you to the courthouse to meet with one of the
- 1:34:03conditional es officers who will go over their lease with you.
- 1:34:06The jail will also give you a notice for your court date.
- 1:34:09This one can be April 7th, April 7th will be his court date.
- 1:34:12Please Sergeant April 7th at 8:30 will be your notice, Mr.
- 1:34:15Langston, that will give you that.
- 1:34:17Notice before you leave the jail, Mr. Langston.
- 1:34:19You have any questions? Yes.
- 1:34:22Sir, I wish you the best. We have.
- 1:34:32Dante White. I'm sorry, I apologize as well.
- 1:34:46I was getting old, Mr. Whittle, you here because you've been
- 1:34:49accused of one kind of drywall, license suspended or revoked
- 1:34:51knowingly. A judge found probable, cause
- 1:34:53this weekend and you brought back today to speak with a
- 1:34:56lawyer. See if we could try to get the
- 1:34:58cases. All listen to Mr. McDaniel,
- 1:34:59please join us with no contest and sending you pay $4 fine.
- 1:35:04But then 60 days if he gets about license during that time
- 1:35:06period before 300 dollars and not a job motor vehicle.
- 1:35:10That was awesome. He's just Thank you, Mr.
- 1:35:15Mitchell's at a gravel with the state Mr. Whittle, did you hear
- 1:35:19that agreement? Yes, sir.
- 1:35:21Any questions about that agreement?
- 1:35:23No Sir, Mr. Whittle is that to play?
- 1:35:26You would like to enter? Yes, sir, we're along with
- 1:35:31shelter, please. No contest to the chart to
- 1:35:32driving while license suspended a revoke knowingly.
- 1:35:35With holders, education of guilt Tennessee, to 10 days in jail
- 1:35:38but she will never serve that 10 days.
- 1:35:40As long as you pay the court costs and fines they're set by
- 1:35:43state and county law at the amount of 400 dollars.
- 1:35:45They're due on or before June 1st if you get paid by Jean
- 1:35:49first Mr. Whittle you do not come back to court case is over.
- 1:35:52If you can't get them, paid for some reason, you have to be in
- 1:35:55court. Gene's second at 8:30, a.m. in
- 1:35:58the County courtroom at the Jackson County.
- 1:35:59Court house to request an extension.
- 1:36:01Mr. Whittle if you don't show up and if you haven't paid it, in a
- 1:36:05warrant will be issued for your arrest.
- 1:36:06So make sure if you can't get it, paid you come in and ask for
- 1:36:08that extension, and Mr. Whittle, you're going to get out of jail
- 1:36:11this morning. Any questions sir?
- 1:36:13No sir. Thank you yes sir.
- 1:36:15I wish you the best. State.
- 1:36:27Where is the more Williams you're here for first
- 1:36:30appearance? Accused of misuse of 911.
- 1:36:34There is probable cause for the offense.
- 1:36:39Although it's it's a little frustrating, here's the
- 1:36:43frustrating part gentleman. The officer says Mr. Williams,
- 1:36:47demonstrates, ongoing Behavior consistent with mental
- 1:36:50instability. This is not the first instance
- 1:36:52of law enforcement contact for similar behavior and it's
- 1:36:55believed that we use would benefit from father, evaluation
- 1:36:57inappropriate services. So, The officer feels like Mr.
- 1:37:01Williams will benefit from some Mental Health Services, which
- 1:37:04offer has authority to do. It's called a Baker Act or
- 1:37:07rather than do that. The officer made in arrest and
- 1:37:10actually put it on the criminal justice system to try to find
- 1:37:13services and said, of only the route here, she could have taken
- 1:37:16to get him services, so it is what it is.
- 1:37:19We've got a charge here this morning, Mr. Van Daniel, what's
- 1:37:22the defense? This position sir?
- 1:37:42I just So Mr. Williams.
- 1:38:33Listen to my Daniel I think he's gonna make a request and we're
- 1:38:36going to see where we stand, maybe after an evaluation Mr.
- 1:38:38McDaniel, I just said, maybe if the last management team can
- 1:38:41evaluate him today and maybe he agrees and I think you will to
- 1:38:45send him up, send me that report, determination whether he
- 1:38:49would qualify for Baker Acts or whatever other kind of
- 1:38:53recommendations that they may have.
- 1:38:54So I can be aware of Mr. Mitchell anything.
- 1:38:57We're in another dot your honor. We can bring them back tomorrow.
- 1:39:00So Mr. Williams, what we're going to do is we're going to
- 1:39:02ask life management doing evaluation of you, hoping they
- 1:39:05can do that today if they determine that you qualify for a
- 1:39:08Baker Act which is what the Austrian implied in their in his
- 1:39:11or her report. Then that may be the better
- 1:39:13treatment option than than just finish you to a jail sentence.
- 1:39:16So I need you to cooperate. I need you to cooperate with the
- 1:39:20mental health professional. Who's going to come see, you
- 1:39:21talk to them. Be honest with them and we'll
- 1:39:24see what they say. If they think that you there's
- 1:39:26another way that we could get you some help.
- 1:39:27We want to know more about that. I'm gonna see you tomorrow.
- 1:39:30Hopefully they'll have time to get that evaluation done today
- 1:39:33and I'll see you in first to hear us tomorrow.
- 1:39:34In the meantime, you've already got a bond that was set by the
- 1:39:38other judge. You also have the right to post
- 1:39:40the bond, but I'll see you tomorrow.
- 1:39:41If you're still there. Okay.
- 1:39:42All right. Have a good day, sir.
- 1:39:47We have. Brentley Francois, I believe I'm
- 1:39:54saying that right. Master Franco.
- 1:40:02Good morning, Mr. Francois you here.
- 1:40:04She's a good morning accused about it.
- 1:40:06In terms of your probation in case.
- 1:40:08Number 25, that's 1172. Mm, I'm appointing the public
- 1:40:10defender's office represent you sir, I'm asking that you listen
- 1:40:13to Mr. McDaniel, your attorney principal, we're going to go
- 1:40:16ahead and Midway the probation understanding 30 days in the
- 1:40:19county jail, 16 days, jail credit, whatever finds are still
- 1:40:23open the case in this office case today.
- 1:40:24Thank you, Mr. Mitchell, that is agreeable with the state here on
- 1:40:28Earth, Mr. Gibson, Jersey dollar, cool, cost careers and
- 1:40:33198 dollars and four cents. Restitution arrears he hadn't
- 1:40:37paid anything. She's been on PTF nor probation.
- 1:40:41Mr. Francois, if you know this play, I'm gonna order the court
- 1:40:44calls in finest to be paid as part of a civil judgment.
- 1:40:47If you don't get a word off with the jail, I don't ever worry
- 1:40:49about Costa supervision unless there's a purge in.
- 1:40:52There's no perch in your sentence, Mr. France wall.
- 1:40:55Just a play. You would like in her.
- 1:40:57Just let him know your owner that if he doesn't pay those
- 1:40:59fines within 60 days that his license in Florida will be
- 1:41:03spended. So Mr. France healthy.
- 1:41:10You get the font off at the jail but if you don't Our clerks
- 1:41:15office has a sentence has to suspend your driver's license.
- 1:41:17After a period of time. Is it 60 or 90?
- 1:41:21Apologies. I'm just trying to get better
- 1:41:23understand just like just a second.
- 1:41:25Let me get my question answered. I'll be glad to try to answer
- 1:41:27your question. Yeah.
- 1:41:28Right. So if you don't pay this court
- 1:41:31costs and fines from 60 days when you get out of jail, your
- 1:41:34driver's license may be suspended and it can be also
- 1:41:37affected your valid license in other states.
- 1:41:39Now, you had a question, sir. Yeah, I was just Dirty days.
- 1:41:48And I'm just trying to get a understanding, how does it, you
- 1:41:53know, 30 days. But you have credit for 16.
- 1:41:55That means you have 14 days left.
- 1:41:57I mean, you, if you know this play, you have at most 14 days.
- 1:42:02You may do less than that on the Florida's game time law.
- 1:42:04I can't promise you that. I'm just making you aware of it.
- 1:42:07The most you will do is 14 days at most.
- 1:42:10Oh yeah. Oh yeah.
- 1:42:13Yeah, I would be done. Okay, what I'm gonna do is
- 1:42:16accept your play of no contest. Excuse me.
- 1:42:18It's not a play. My contest, you're admitting
- 1:42:19that. You violate the terms of your
- 1:42:20probation in case 25172. Mm, Mr. Mitchell, I'm not aware
- 1:42:26of any other criminal history or convictions.
- 1:42:29Is any objection to continue withhold.
- 1:42:31Yeah. No no objection to continue with
- 1:42:33continued. The withhold of adjudication
- 1:42:35that means you don't have a conviction on your record from
- 1:42:37this offense since you the 30 days in jail, give you credit
- 1:42:40for 16 days, ordering court, costs, and finds a $370.
- 1:42:43So, Mr. Francois, you will finish these 14 days, you have
- 1:42:47left at most and then you'll be released and this is all over
- 1:42:50where you threw with Jackson County any questions sir.
- 1:42:53Okay once I get really I just got to pay the 30070 if you
- 1:43:00still owe it, you may do community service at the jail
- 1:43:03and have that worked. All hope you still owe it.
- 1:43:07Then yes, you need to pay, okay? Thank you mister has something
- 1:43:11else. Yes, it was. 180 dollars in
- 1:43:14restitution. I don't know if you ordered that
- 1:43:15as part of judgment or not, there will be a civil judgment
- 1:43:18for that. I can't do anything other than
- 1:43:19so much. Thank you, Mr. Goodson.
- 1:43:21Okay. Wish you the best.
- 1:43:24Great. Elijah Raleigh and Herman,
- 1:43:30McGriff Elijah Riley and Herman McGrath Mr. Griffin, I see you
- 1:43:34too because your cases are basically identical for our
- 1:43:36purposes today the gentlemen. It's like you were held seven
- 1:43:40days for possible violation of probation, warrants out of other
- 1:43:42counties, Mr. Riley. There's a no bond warning your
- 1:43:45case. I believe I saw judge, judge
- 1:43:47young signature on your case, it was signed March 25th, Mr.
- 1:43:52McGrath there was a no bond warrant in your case I'm not
- 1:43:54sure. I didn't look at the judge that
- 1:43:55signed it, but it was signed March 27th.
- 1:43:58So both of you do have no bond holds for possible violation of
- 1:44:02probation in those other counties.
- 1:44:03So you have the right to post on here, but if you post bond be
- 1:44:07aware, you'll go to those other counties to deal with that
- 1:44:09charts. If you don't post your bond
- 1:44:10here, you'll deal with the local charges.
- 1:44:12First Mr. Rally, have any questions so wish you the best
- 1:44:16for Mr, mcgriffin questions. That's it for our first
- 1:44:30appearance list. Anything else this morning, sir.
- 1:44:33That's right. We got tomorrow.
- 1:44:36Busy busy morning, for judge Wade, Mercer, lots of
- 1:44:40contestants, and he's already moved on into some other
- 1:44:43misdemeanor arrangements as well.
- 1:44:45So keeping himself busy on a Monday, Speaking of which could
- 1:44:50have you all here. However, many of you are here, I
- 1:44:52still don't know, YouTube's got us Flying Blind this morning,
- 1:44:57Noah no idea how many are out there because stats are broken.
- 1:45:00So if you're in the chat and have not said, good morning,
- 1:45:03please do. So.
- 1:45:04Let's let's go back to here on County Michigan more from Judge
- 1:45:09Prill. 573. You're against each other too.
- 1:46:00As a matter of fact, that's in a day, Mr. Terkelsen.
- 1:46:03I apologize again. So the, the court has reviewed
- 1:46:08the sentencing memorandum and there is documentation that's
- 1:46:12been submitted to the, to the court regarding guidelines,
- 1:46:15which will address in just a bit but Mr. Turbo, so that you and
- 1:46:19your client had the opportunity review of research.
- 1:46:20We have are there any additions? Deletions Corrections or
- 1:46:24objections report other than the governments, other than that.
- 1:46:26So do you agree with that? Yes, you're right.
- 1:46:30Thank you, Mr. Kelsey and injection to the report No
- 1:46:33objection report or the guidelines are all right.
- 1:46:36And the court said that Mr. Torkelson it's probably because
- 1:46:40his batting average was about the same purpose when he hits
- 1:46:46when he does connect. He you know, he's no doubt about
- 1:46:49it. Good.
- 1:46:52Mr. Terkelsen, let's begin with obviously I think about my
- 1:46:57objection in my Cleveland or the quarter and I apologize, I
- 1:47:01didn't realize I was supposed to send it operation as well.
- 1:47:03That was my default judge. Well, I'll take the
- 1:47:07responsibility on that because I've just started doing that.
- 1:47:09This plea was entered back on November 3rd.
- 1:47:12So, I probably didn't mention it at the time, but I have been at
- 1:47:16least since January. At least.
- 1:47:17I think I have so, okay, I'll take the hit on that.
- 1:47:20Sort of Judge, I appreciate that.
- 1:47:21So judge me. Yes, I have two objections in
- 1:47:23the score. In the first, is the aggravated
- 1:47:25use of what I laid out. What the elements are, there are
- 1:47:28required to be satisfying your approve, the agreement useful
- 1:47:32weapon and I would submit for the release date of my Miranda.
- 1:47:35That this would be proper scored at five as opposed to what was
- 1:47:40reported out of it mean, and I think that judge because there's
- 1:47:43no question in my clients to take your occasion possession.
- 1:47:46There's no question he was under the influence of time, he said
- 1:47:49tonight and and his possession. Is the internet a cause concern,
- 1:47:54for many of the people in the park and there's all called the
- 1:47:57police responded. I think what significant judge
- 1:48:01is that my client? I don't believe necessarily use
- 1:48:04the knife in a way that was threatened.
- 1:48:07Somebody certainly set inappropriate things.
- 1:48:09Well, in possession, that I made comments about harming people
- 1:48:12while the possess the night, but none of the witnesses that you
- 1:48:15more than anything. We try to use a nice against me.
- 1:48:17They said, he had a blip when we made those statements.
- 1:48:19I think also significantly judge, the prosecutors office
- 1:48:22has insurance policies assault one of these circumstances.
- 1:48:25And I think if there was enough evidence to believe, in fact, he
- 1:48:29had a friend people with the night, they would have charged
- 1:48:32it. I had a great deal of respect
- 1:48:33for Mr. Cows speak, but never once somebody seen him feel the
- 1:48:37chart, something he could charge.
- 1:48:38And in particular, since when we start wasn't that, There wasn't
- 1:48:43a nice present. My client did make an
- 1:48:45appropriate statements for those reasons.
- 1:48:47I do believe that scoring process appropriate.
- 1:48:51I just don't think there's enough evidence.
- 1:48:52The score 15 is. So he threatened the people
- 1:48:55specifically with the knife. And for those reasons, judge, I
- 1:48:58injected, I think at this point should be fine.
- 1:49:00Everyone before I was for the probation department store this
- 1:49:05matter at 15. Your recently.
- 1:49:08Yeah. Okay. interview of a Witnesses
- 1:49:15indicated that said that she knows the subject had a knife on
- 1:49:21him and he defeated a hold of my brother and his I'm going to ask
- 1:49:26you all and immediately got her grandkids and to the camper.
- 1:49:30So does that fear there you are and also her son also state of
- 1:49:36the same statement in the same on the same page of work and
- 1:49:40that is why you are our eyes for it Mr. Housekeeper positions.
- 1:49:46Your, as it relates to the charging decisions, of course,
- 1:49:50probably. Well aware.
- 1:49:50And that's what we said. We wouldn't bring any further
- 1:49:52charges. We don't charge everything under
- 1:49:54the sun, right away. If need be because we have to
- 1:49:57proceed on. There is a Polonius assault
- 1:49:59here. We chose to charge the carrying
- 1:50:01a weapon with unlawful intent because that carries five-year
- 1:50:04felony versus the four years of the colonies to solve as it
- 1:50:08relates to the, the weapon as Department of Corrections that
- 1:50:12indicated. So there were very Witnesses Mr.
- 1:50:15Schinsky. Who told the police that the
- 1:50:17defendant had an open knife and his right hand was threatening
- 1:50:20to kill them and the other witness which department
- 1:50:24referred to. As piazzo said that she told the
- 1:50:27police he was holding a hand or holding a knife in his hand
- 1:50:30stating I'm going to fuel up her son.
- 1:50:33All the same behavior and getting the statement from the
- 1:50:35defendant and then further on it says that Miss he's so I believe
- 1:50:40it's how you pronounce that once a defendant Had done this.
- 1:50:47She immediately got her grandkids into the camp.
- 1:50:49Representing to the Senate holding a knife in his hand and
- 1:50:52threatening to them all up. So based on that, we asked that
- 1:50:57the court agree with the sentencing and hold it at the 50
- 1:51:01points. We believe it's appropriate on
- 1:51:03the circumstance. The turtles.
- 1:51:06And everybody, I can see that the statement I'm going to fuck
- 1:51:11you up would cause anyone concern, but that's different
- 1:51:14than saying, he used the knife in a threatening manner.
- 1:51:16I think that when evidence is after this happened, after she
- 1:51:21put her grandkids in the camper, all these same people follow Mr.
- 1:51:24Callahan around follow Mr. Kelly and throughout the entire event.
- 1:51:28And I think that's sort of indicative of the fact that he
- 1:51:30wasn't necessary right now tonight, he was just threatened
- 1:51:33with people. And that was what caused them to
- 1:51:36concern was the threats. He made not necessarily a threat
- 1:51:39with a knife. So the circumstances of Judge I
- 1:51:41do believe Oh, thank you. The challenge is to over one
- 1:51:47aggravated use of a weapon, the probation department store that
- 1:51:50matter as 15 for that. That variables were a firearm
- 1:51:54was appointed at or to word a victim or the victim had a
- 1:51:57reasonable apprehension of the media battery when threatened
- 1:52:01with a knife or other cutting or staff, the defense response is a
- 1:52:05weapon was displayed and they can see that there's no question
- 1:52:08about that. He's standard.
- 1:52:10Proof is preponderance of the other.
- 1:52:12So that's what the court has to consider relative to the center
- 1:52:16guidelines in this matter. When certainly Mr. Terkelsen
- 1:52:20makes a valid argument regarding clearly a weapons displayed
- 1:52:24number one number two, as this event is going on throughout the
- 1:52:29park. There are individuals that are
- 1:52:30following this time. There's no question about that.
- 1:52:33However, there were statements provided in the police report
- 1:52:37relative to holding the weapon in the air and I'm going to Foo
- 1:52:44up to the extent where individuals were going into
- 1:52:47campus and that is where I think the latter part of the
- 1:52:50instruction relative to 15 is applicable the victim had a
- 1:52:54reasonable apprehension from the immediate battery when threat
- 1:52:57with an iPhone or other cutting or staff and what respectfully
- 1:53:00the court finds out of the evidence standard only once
- 1:53:03properly score. Let's go next to obey 3 weeks.
- 1:53:06I think this one's a little more straightforward unless actually
- 1:53:10significant under the circumstances what the defendant
- 1:53:13is being set for what they guideline the world applying
- 1:53:16right now is to the crime of carrying a weapon.
- 1:53:21And I think the facts are very very clear that on this
- 1:53:24particular occasion my client. I had a nice as a sports already
- 1:53:26indicated as good proven by honestly evidence.
- 1:53:29He was walking around with a knife and the officers got on
- 1:53:33scene in order Mr. Callahan to drop the knife within about one
- 1:53:37minute of getting on scene. My client didn't factor out the
- 1:53:41nights and the officers Welch was evil retrieve that night and
- 1:53:46make it safe. So to speak and he had
- 1:53:48possession at night however the consultation so to speak with
- 1:53:54Mr. Flores continued beyond that for some minutes beyond that
- 1:53:58until eventually Mr. Floyd made the inappropriate decision to
- 1:54:05strike the office for one time and then went ahead and got on
- 1:54:08the ground position was an educated in August.
- 1:54:11That happened sometime that straightened of the officer
- 1:54:15happens sometime after the night had already been seized and no
- 1:54:18longer was Mr. Flooring in position where he was carrying a
- 1:54:21weapon with unlawful intact. He didn't have the weather.
- 1:54:25So at that point that crime had seized to continue that crime
- 1:54:29was not. And then he went ahead and made
- 1:54:32it inappropriate decision to hit the office one time that I'm not
- 1:54:36arguing whether or not a positive injury it did.
- 1:54:39And that being said, that would be appropriately scored under
- 1:54:44the r&o causing injury to injury to infected her, but it isn't a
- 1:54:49program explored as it relates to the carrying the weapon with
- 1:54:53unlawful intent is that crime had already included in the case
- 1:54:57laws, very clear, some of the various guidelines you can apply
- 1:55:01host event conduct to the scoring.
- 1:55:05For example, OVI 19, almost always applied.
- 1:55:08But under this particularly there's no name that would allow
- 1:55:12this court to consider that behavior and enhancing this
- 1:55:16particular guideline. Oh, and so, I don't think that
- 1:55:19it should be scored on this particular circumstances because
- 1:55:22that injury occurred after this morning.
- 1:55:24I think, let's judge. Thank you.
- 1:55:26Thank you. Response from the probation
- 1:55:29office in regards to page 12 of 14 at the very top.
- 1:55:38We officers stated I offered photos of that.
- 1:55:42Well, injury in the suspect injuries, so talk about that.
- 1:55:47There was injury from the officer that took place all.
- 1:55:51So, on page 7 of 14 indicates after the deputy Wells had blood
- 1:55:56around his area. Um, that is single was also
- 1:56:01really. So there's also injuries that
- 1:56:03indicated in that section of the reporter while you're on.
- 1:56:06That is why I work. For consider and you support
- 1:56:10them at 10:30, correct? All right.
- 1:56:12You score them at 10:00. Yeah, sure.
- 1:56:14Thank you Mr. Kelsey, as you decide this one Mr. Pickles and
- 1:56:21I have discussed it and I believe that it's when you look
- 1:56:26at the strike compared to the incident with a knife, we would
- 1:56:31argue that. It's one continuous event,
- 1:56:33because it starts off with the narrative from Deputy Wells that
- 1:56:38when he arrived, he said passed a large man, approximately 300
- 1:56:42pounds, like troll vehicle with a knife in hand blade out.
- 1:56:46And then, there was this. back and forth, try to get him to, to
- 1:56:50drop his His knife. I screamed at him to drop the
- 1:56:54knife after about a minute, the man dropped, the knife started
- 1:56:57to walk away and then from there he gave him commands and then it
- 1:57:02goes down. Where eventually later in that
- 1:57:04paragraph he says he struck so if the court determines that,
- 1:57:07that crime has ended Mr. Triple zone is exactly correct.
- 1:57:10And that 10 points should not be scored.
- 1:57:12And then we take the guideline down to 14 to 29 versus the
- 1:57:181938. However, if the court continues,
- 1:57:20believe this one continuous event because these things are
- 1:57:24all happening at that time, then it's properly scored.
- 1:57:29Thank you. Sure some results.
- 1:57:31Very good. I think this quarter stands more
- 1:57:34than most. All crimes are made up of
- 1:57:36elements and the simple fact is one of the elements of caring
- 1:57:39and weapon was unlawful in tennis, he had to be carrying
- 1:57:42the weapon and that ended when he surrendered the weather in to
- 1:57:45the officers. And then there was some time in
- 1:57:48the past and I'm not saying judge but certainly minutes had
- 1:57:51passed maybe five minutes or so, based on my rock collection of
- 1:57:55the video. Crime and a new crowns.
- 1:58:00Begin your honor. And that's what happened here.
- 1:58:02Carrying them off with a lawful intent.
- 1:58:04And then in subsequently, my clients struck the officer and
- 1:58:08they were separate events as a result.
- 1:58:10I believe that summer instances which should be scored 0.
- 1:58:14In this particular instance, as opposed to again, I'm not, I'm
- 1:58:17not arguing whether or not happy Rose was injured.
- 1:58:19He was it just can't be scored in this particular crime.
- 1:58:22Thank you. Same standard approved applies
- 1:58:26preponderance of the evidence relative to go only three.
- 1:58:28Only three was scored at 10 points.
- 1:58:30Bodily injury, requiring a medical treatment occurred to
- 1:58:33evicted. Now, we know that a current
- 1:58:36regarding the resisting construction causing injury.
- 1:58:38No, question about that. This is being applied to the,
- 1:58:40the Karen, the weapon with the law and 10.
- 1:58:44And I would say, probably over the last, maybe six years, the
- 1:58:51appellate courts, Michigan court of appeals and clearly, the
- 1:58:54Michigan Supreme Court have looked at these Sentencing
- 1:58:58guidelines factors, which are are to be considered.
- 1:59:01They're not mandatory. They have to be considered, and
- 1:59:05you have to look at when the crime was completed and
- 1:59:09certainly at least from review of the preset report and hearing
- 1:59:15the accounts of the probation officer, once the night was out
- 1:59:20of the situation, Technically speaking and this is under a
- 1:59:24pellet, law, or appellate cases. That the crime at that point is
- 1:59:29completed. Now.
- 1:59:33Common sense is Mr. Rutkowski are frankly, that this is a
- 1:59:38common and this is just a sequence of events flowing
- 1:59:40through. And I agree with that, however,
- 1:59:43courts have ruled that way previously and courts have been
- 1:59:47overturned on that. Well, as a result, the crime is
- 1:59:51completed. Once the night was dropped,
- 1:59:53there was a gap in time regarding the time of the night
- 1:59:57was dropped to the time that the assault or the injury occurred
- 2:00:01to the deputy, as a result, of course, finds that for, at least
- 2:00:04purposes of ov3, on the nice charge ov3, should be sported at
- 2:00:100 on brand new defendants motion.
- 2:00:12Thank you to 14 to 29 as I understand.
- 2:00:15However, you're thinking any other objections to score in the
- 2:00:19guidance for the country. Anything you'd like to say, if
- 2:00:24you ask your client before the quarter posts, there we go.
- 2:00:28Obviously my point is before the court with, guiding that would
- 2:00:31give this court the opportunity to somebody like the first And
- 2:00:36as of course, also indicated that the guidelines are not
- 2:00:38mandatory, but in fact, our up to the judge and the president,
- 2:00:41but they have to be concerned. Exactly.
- 2:00:44And I call it as photography, so I'm not a judge.
- 2:00:47And as I sit here and I stand here, I wonder if you're finding
- 2:00:51your issues, or if I'm asking students, What's the best
- 2:00:54outcome that we can have for our community for deaf and Wells and
- 2:00:59for my client? And without question I think the
- 2:01:02best outcome is it. He never engaged in this kind of
- 2:01:05behavior again. The W Wells, never suffer, the
- 2:01:07stress that goes along with trying to challenge someone, the
- 2:01:11size of my client with a knife that my client never acting ways
- 2:01:15that makes people feel threatened.
- 2:01:16That money doesn't do the kind of things that he did that
- 2:01:19night. And I think that is the most
- 2:01:21important thing to come out of this.
- 2:01:23And then there's also a penalty phase a penalty portion that
- 2:01:27needs to be considered out when judge, I think, what we, what
- 2:01:31things before you is an individual, who on this
- 2:01:33particular occasion, and it's terrible mistake made some
- 2:01:37really important judgments and the poor judgments that he made
- 2:01:41were sort of the result of a lot of years of struggle.
- 2:01:45And I think I really don't want my sensing memorandum just a
- 2:01:47struggles in my clients, have an opiate addiction.
- 2:01:50The death of his father and even with that and to my clients
- 2:01:53credit, he's really trying to be able to deal with addiction.
- 2:01:56He's put himself in treatment on two separate Asians.
- 2:02:00He's gotten away from the heroine from the opiates part of
- 2:02:04his recovery. However, was the recovery that
- 2:02:07in many people. Turn to is over the counter
- 2:02:11medications or when they proceeded to be medications that
- 2:02:14make them feel better, he was not as a box and instead of
- 2:02:17taking Kratom which can be mere many of the same treatment that
- 2:02:23Suboxone computers in terms of sort of maybe comes a
- 2:02:27replacement for the opiate and he's used in a way that is legal
- 2:02:31to the United gas station. He's using the way that is
- 2:02:34really helped him. He's using a way that he had all
- 2:02:38the time. And yet on this particular
- 2:02:40occasion, when you talk about it, he had a completely
- 2:02:44different reaction. Are we actually that is
- 2:02:46consistent with creating taxation.
- 2:02:50It's like Hostess as honest occasion.
- 2:02:52He thought people were trying to kill us.
- 2:02:54He thought the officer was trying to kill him.
- 2:02:57He expressed that a numerous occasions throughout the
- 2:03:00interaction with the officer. She was looking for a friend
- 2:03:03that no one had seen. He was confused.
- 2:03:06He was sweating all the very common characteristics.
- 2:03:10You see with one suffering from creative and Taxation and then
- 2:03:15fast forward on a half hour after the incident.
- 2:03:18He's at the police station being interviewed by the officer.
- 2:03:22He was a completely different person at that point, he was
- 2:03:25cooperative. He was respectful.
- 2:03:27He was a politic he expressed to the officer.
- 2:03:31I've never had this reaction before.
- 2:03:33I've never, I thought this was a dream.
- 2:03:35I thought this was a night when I didn't realize this was real.
- 2:03:38All the carpal. Homeworks, was someone suffering
- 2:03:41from Louisiana Pacific Ocean? And the first watch to support
- 2:03:46me say well, that seems convenient.
- 2:03:48And yet. That's what we saw in a time in
- 2:03:52which he couldn't have made that up and couldn't have suddenly
- 2:03:54decided, oh, I'm gonna Fame having this reaction at greatly.
- 2:03:59And then just about two weeks ago, over my email, I get a
- 2:04:03notification from the Michigan Department of Health.
- 2:04:05Talk about the problem with creating the taxation, when
- 2:04:10talking about the fact that it's 2025 say here, this took place,
- 2:04:13there's a tremendous increase in Kratom overdoses.
- 2:04:18In which Kratom had become much stronger.
- 2:04:21That no one knows about it because it's not regulated by
- 2:04:24the FDA or anyone else. It's just an over the counter
- 2:04:27medication, that people take in clients like mine, found
- 2:04:32themselves in situations where they ingest, what they typically
- 2:04:35get ingested? And my place not doing for a
- 2:04:38party. My clients doing it because it
- 2:04:40gives them. energy helpful with the Cravings from the opiates
- 2:04:43that many people feel for years after they were going to ask
- 2:04:48That's why he's thinking it but I miss occasion.
- 2:04:50He had a reaction to just wasn't expected until you step back and
- 2:04:54see what's going on and it's creative manufacturers who are
- 2:04:59making it stronger for one reason judge to make it more
- 2:05:02kick those in the more money and my point unfortunately suffer
- 2:05:06the consequence of that. I think that's very significant.
- 2:05:09I did a significant because this wasn't a defendant who came to
- 2:05:14that. Park on that occasion.
- 2:05:16Looking to harm anyone. He didn't come there, look into
- 2:05:21threaten anyone or abused. Anyone.
- 2:05:24I suspect judge. If it wasn't for the crater, you
- 2:05:27would never have seen my clients period.
- 2:05:30But that day, he made a poor decision based on that taxation
- 2:05:35now. Is that justify his actions?
- 2:05:38No judge. I know legally.
- 2:05:40It doesn't and I recognized it volunteering taxation.
- 2:05:42Even if he didn't mean to get that.
- 2:05:44In fact they could. Isn't a defense was the second
- 2:05:47crime in Michigan. North shity.
- 2:05:49But what I have here to say, no, because they characterize their
- 2:05:52colors, my clients Behavior much differently than the average guy
- 2:05:56got in a fight with his wife is willing to take on anyone who
- 2:05:59tries to stop. Who's in the correct to the
- 2:06:02community? My client only closed the threat
- 2:06:04to the community if you was under the influence.
- 2:06:07I mean, this creative And so, how can we be assured?
- 2:06:12That is not to be 8 or using a year, he's going to be going
- 2:06:15forward because I know this court has to be concerned about
- 2:06:17that. I think there's some degree is
- 2:06:20Kind of, well out online is indicative of that judge is
- 2:06:24individual that he isn't any longer a threat to continue to
- 2:06:28consume that. Your honor is very clear to him.
- 2:06:30He first got on on body. He tested positive for creative
- 2:06:35on a couple of occasions and your honor said and no uncertain
- 2:06:38terms and no more, no more creative. and that was five
- 2:06:43months ago, six months ago is He hasn't tested positive since
- 2:06:48then your honored, recognizing the need that he has for helping
- 2:06:54himself deal with the stress and things along with his wife and
- 2:06:58you said he can you use marijuana and so he is used
- 2:07:02marijuana hasn't used to create them at all.
- 2:07:06Has expressed to me, he's a better person for IT, he's a
- 2:07:10better person, he doesn't have to desire for the credit
- 2:07:12anymore. In fact trying to cut down the
- 2:07:14rare one as well. They didn't want to rely on that
- 2:07:16either. But this is a guy who years ago
- 2:07:19was addicted to heroin In the pros of that addiction, he got
- 2:07:24out of there, found a solution, it wasn't the greatest solution
- 2:07:27in the Kratom and is now found a more corporate solution.
- 2:07:30So is he going to reoffend Judgment of the future?
- 2:07:33But what I can say is if the past comment on bond is in the
- 2:07:37indication, he's got a real good chance and you're honorable
- 2:07:40against them. If you did, since we found.
- 2:07:44But the same program, I think there's not your honor, should
- 2:07:47give them the benefit. That if he did, he came out on.
- 2:07:49That is a good indicator of what he has to offer this court.
- 2:07:52And so the issue that incomes, what's the appropriate sense?
- 2:07:55The guy is called for 14 months. I would respectfully the age of
- 2:08:00work. I think that's successful.
- 2:08:02And I don't by saying, I think it's a second, I am in no way
- 2:08:05minimizing without you and I have no way justifying my life
- 2:08:09Behavior. He Behavior behaved atrociously
- 2:08:11medication. He's lucky.
- 2:08:13He didn't get shot in education. I can see that judge.
- 2:08:16And thank God. The deputy Wells had enough.
- 2:08:21foresight to see if he could handle the situation with less
- 2:08:25than these beliefs and my client appreciates that But what does
- 2:08:29that serve in terms of society in terms of my clients future?
- 2:08:34Because those are the two primary concerns, this organic
- 2:08:36sex. 14 months from my client doesn't help Society anymore.
- 2:08:42Then a sense of probation with a boot camp.
- 2:08:47Component. I would submit that sending my
- 2:08:50client to the MDOC immediately today and go into bootcamp offer
- 2:08:54Society, no more protection and put them on probation and
- 2:08:57recording a boot camp component. The boot camp offers discipline
- 2:09:00offers treatment and requires my client prove itself.
- 2:09:04And this quarter in society is no worse, all in this Court,
- 2:09:08gives them the opportunity to prove himself and if you fails,
- 2:09:11he goes to prisoner. I don't know.
- 2:09:14That Senator Chris and offer back is Justified here.
- 2:09:17In fact, I don't believe that it is Judge and I think that if my
- 2:09:21client had been a problem on bond, if you had no choice but
- 2:09:25to send them, if my client didn't have a good job.
- 2:09:28Like, he has my client didn't have a family support that he
- 2:09:32does. Yeah, prison may be the best
- 2:09:34place for when telling him to boot camp program.
- 2:09:36So what you have your judge? I can't explain.
- 2:09:38This is waiting outside. His mom wanted to be here, but
- 2:09:41my client said, look, I think I can do this on my own.
- 2:09:44I got myself in the trouble. I think handle this and she's
- 2:09:47more than supportive. I just see his dad has passed.
- 2:09:49He is a guy that he could take a chance on Judge and if you take
- 2:09:53a chance and he's going to talk, you have seen power to some of
- 2:09:56the prison and even more justification.
- 2:09:58It's one of the circumstances judge I believe that the guy
- 2:10:01that you're properly is worth working ones, I believe it's
- 2:10:03accessible. That's not who has been amazed.
- 2:10:06I would respect to suggest that an order probation with
- 2:10:10requirement. For the boot camp is the more
- 2:10:12appropriate resolution for all the reasons I stated judgment.
- 2:10:15Thank you. Does your plan we should speak
- 2:10:17and let him know contest point he does, I think you want to
- 2:10:20explore if you wish I do. I want to thank the board for
- 2:10:25giving me time to show that I can.
- 2:10:29Clean my act up and drop things not getting trouble and all that
- 2:10:32all apologize to the community that night in the officers,
- 2:10:35like, frightened that were on the scene.
- 2:10:39To my reaction of the creative. I just that's not me.
- 2:10:42I just don't have that. I've been off of that.
- 2:10:44Since she's that they told me to stop and it is Thank you, Mr.
- 2:10:52Kelsey seem to be have some people.
- 2:10:53This is a victim's voice case and please this or whoever,
- 2:10:56please silence your phone because you're on her off or
- 2:11:01Deputy Wells. And myself have talked multiple
- 2:11:03times on this case, I know he wanted to be here at the last
- 2:11:06sentence thing. I'm not sure where he was today,
- 2:11:08but we've had conversations about this circumstance and how
- 2:11:13its effective him I would point out to the court.
- 2:11:16This I understand what Mr, triple since saying, and I would
- 2:11:21equate, it very similar to the use of alcohol, which you can
- 2:11:24use legally yet if you get behind the wheel, and you drive
- 2:11:27and injure, somebody, there's no excuse, the same thing here.
- 2:11:31Even though it won't even legal to buy, he bought this stuff.
- 2:11:35He used it and put a lot of people in fear at the campground
- 2:11:40to the point where the police were called and Deputy Wells
- 2:11:43arrives. He definitely Wells is trying to
- 2:11:45deal with glory, and in his dealing with him.
- 2:11:49He's not getting, you know, the the compliance with the
- 2:11:55defendant and in turn the defendant had punched him
- 2:11:59bladed, his lip. And so from that struggle and he
- 2:12:04had to be taken by. I believe it was Sergeant
- 2:12:06Woodward, he got there, you know, we look at the guidelines.
- 2:12:12And in the recommendations I see the recommendations although the
- 2:12:16guidelines aren't the same. Now they were 19 to 5 years and
- 2:12:20count one in 19 to 40 years. They're different grids.
- 2:12:23So I would look at the the idea that the recommendation made for
- 2:12:29at least count three, which was the role causing injury, took
- 2:12:34that into account that it was not at the low end of the
- 2:12:36guidelines but was somewhere in the middle of the guidelines and
- 2:12:39we would ask to continue with that one.
- 2:12:40I mean, we know the guidelines are now 14 to 29 but we're
- 2:12:46asking the court to consider that as far as the sigh, of
- 2:12:50course practice has been and we would agree that it would be.
- 2:12:53In this case that if the Department of Corrections is
- 2:12:56where Mr. Flory goes that the Department Corrections will
- 2:12:59score him and determine whether or not I is appropriate.
- 2:13:02They can reach out to court and ask for that permission.
- 2:13:05So otherwise we asked him to recommendations and set forth.
- 2:13:15Compelling arguments clearly. And according to consider that
- 2:13:18before I go into the sentence here, the reasons that I was
- 2:13:23involved with Mr. Flurry regarding the was, we were in
- 2:13:27the state of flux regarding our district judge Probate Judge
- 2:13:29retiring and I had to cover the courts until our new judge was
- 2:13:34selected by the governor. So that's how I got the numbers
- 2:13:38to Florian, initially by being a part of the district court
- 2:13:40process. And at that time, There were
- 2:13:45conversations and always the conversation with both attorneys
- 2:13:49where we have discussion for regarding how the case is
- 2:13:52proceeding. And there was an issue regarding
- 2:13:54credit. And this reminds me, the
- 2:13:59substance reminds me back in the day of the old bath salts that
- 2:14:03you used to be out there years ago and you could go to the
- 2:14:06north end of town. Pick up the bath salts and we
- 2:14:09remember how that affected not only the stadium, the country,
- 2:14:14but this county is well Mr. House case is relative to those
- 2:14:19types of management. And here this is to the court.
- 2:14:25Frankly, a new best phone is what?
- 2:14:26This is creative. You can go right now in your
- 2:14:30accounting and purchases. And an amazing me that
- 2:14:34something's like this are available, but they are
- 2:14:37available. They're not a regulated in many
- 2:14:40way, shape or form currently. Maybe they will.
- 2:14:45But it's a substitute for other substances with individuals who
- 2:14:52have substance use disorder. The floor here as the substance
- 2:14:57use disorder, there's no question about that. and, Out of
- 2:15:03the night. Any question if you were in the
- 2:15:06park at the time just merely observing what was going on.
- 2:15:09I couldn't imagine how you'd see it was that crazy that it was
- 2:15:14that out of control. Overall.
- 2:15:19When you're at a campground merely enjoying your time. and
- 2:15:24next thing, you know, there's a practice going on outside
- 2:15:28Eventually, police arrived knife is gone but the knife was out
- 2:15:32early. And taste assault upon a police
- 2:15:38officer. I mean, it it was not a pretty
- 2:15:41song, clearly. and, so, the court obviously has to address
- 2:15:47that and the behaviors of the defendant But clearly he was
- 2:15:51under the influence of this, I'll call it a poison what it
- 2:15:55says that's truly what it is. The poison led him to do some
- 2:16:00really dumb things, frankly. And I didn't know this respect,
- 2:16:06but that's that's exactly what happened. and, We have an
- 2:16:12individual who is a high school graduate gainfully employed.
- 2:16:17No prior felony record at all. None PS4 misdemeanors, 39 years
- 2:16:25of age at the time. But no priority felonies.
- 2:16:29And so at first blush, when you look at this and wait a second,
- 2:16:37Obviously not a wise decision to substitute.
- 2:16:40Wow, I guess it would be wise and then using heroin or other
- 2:16:45substance is Kratom, but that was the driving force that
- 2:16:50particular night. Now Mr. Terkelsen is absolutely
- 2:16:54correct. Voluntary talks occasion is not
- 2:16:57an excuse and they can see that. However By conceding it.
- 2:17:01They also understand. Hey, look, you have to look at
- 2:17:04the entire date. You have to look at the entire
- 2:17:06scenario here in the court is looking at that.
- 2:17:10That's one side of the story. Here's the other side of the
- 2:17:12story. Individuals going back in their
- 2:17:14campers in fear. Police officers getting injured.
- 2:17:20Tasers being utilized. Now, I was not pointed knives.
- 2:17:25Displayed and, Frankly Speaking, when you look at that behavior
- 2:17:35as well. one asks oneself, just simply how Or why don't you add
- 2:17:43that way? You're here, enjoying your time,
- 2:17:47family or friends? And all of sudden, frankly for
- 2:17:53lack of better phrase, all hell breaks.
- 2:17:54That's what happened. and, The intoxication is not an excuse or
- 2:18:01justification for it explains Behavior.
- 2:18:05But it doesn't necessarily justify. and, Here's another
- 2:18:10example of what the court has to at least consider.
- 2:18:14That is the sense of God's Port is required.
- 2:18:17To at least consider the guidelines back in the day, they
- 2:18:20were mandatory. and as some substantial compelling reasons
- 2:18:24to the park, You have to, you had to be within the guideline
- 2:18:28Nation. Now we have case law that is
- 2:18:30just come out. Last week that and in guideline
- 2:18:37range, sentence was remanded back to the trial court. that
- 2:18:42even though it was in the within the guideline range, It wasn't
- 2:18:47appropriate matters. Can be remedied back to the
- 2:18:51trial court in another County and we're going to start the
- 2:18:53process all over again. So I guess what you say
- 2:18:56discretionary relative to guideline range, I guess it's
- 2:19:01clearly discretionary. Because again, the new case law
- 2:19:05that's coming out, Is a little concerning.
- 2:19:10Now. I don't care.
- 2:19:12If it's here on County, Genesee, County Lapeer County doesn't
- 2:19:16matter. You have to conform your
- 2:19:18behaviors to societal Norms, that that's just the bottom one.
- 2:19:22And this court is been extremely consistent.
- 2:19:25I least I hope it has relative to considering the guidelines
- 2:19:30language. At first blush, I couldn't
- 2:19:34imagine if I saw the video of this, it would have been pretty.
- 2:19:38And the core Consultants, 29 months. 29 months to five years
- 2:19:44at least on count one, 29 to four years on count two, but the
- 2:19:51court is balancing all that because when you consider the
- 2:19:55guidelines, you consider the terrible decisions made by the
- 2:19:59defendant, but the changes that have been happening.
- 2:20:04There's been some positivity to Warrant at one point.
- 2:20:10That 29, not the midpoint. But with the court finds to be
- 2:20:16and this is just remaining, I'm consistently.
- 2:20:19Number one and fairness to any individual that comes before.
- 2:20:23This court is some sort of consistency.
- 2:20:27That when you understand, you come before this court, this is
- 2:20:31like what's going to happen. And when I consider all that,
- 2:20:37and I consider the Defenders behaviors since then and the
- 2:20:41guideline raised now is not 90%, it's 14.
- 2:20:43The court could depart lowering 12 months and Counting sure it
- 2:20:48could but under the circumstances here and the
- 2:20:51behaviors of the day, Which I find to be not necessarily
- 2:20:56normal. However, but based upon the use
- 2:21:00of the substance. It will be the sense of this
- 2:21:02quarter that the definitive committed to the Michigan
- 2:21:05Corrections commission placed in the commission's custody.
- 2:21:07It's the low end of the guidelines 14 months.
- 2:21:11Five years credit for two days served.
- 2:21:15Let's just count one. two and count one restitution two Deputy
- 2:21:25Wells and the amount of ten dollars ten dollars in Sheriff's
- 2:21:28Department wages to pay that if you employed in this is too
- 2:21:32regularly scheduled payments Private Business assessment of
- 2:21:35130 dollars DNA testing 60 dollars.
- 2:21:39State costs 68 dollars kind of three the Arnold closing injury
- 2:21:49against 14 months to four years credit for two days served. 68
- 2:21:54dollars in the state of cost will be ordered.
- 2:21:57That was comfortable five. counts 60 East and exposure 365
- 2:22:10days, County, Jail credit for two days.
- 2:22:12Previously, served 186 dollars in the state's possible to be
- 2:22:16ordered as well. Regarding the essay, I program,
- 2:22:20the core can consider that but not today, I'm staying
- 2:22:23consistent. As I have in the past.
- 2:22:26However it's my duty to inform the defendant.
- 2:22:28He is right to seek leave to appeal if he's financially
- 2:22:31enabled to provide counseling his own choice cordless signals
- 2:22:34for the public expense. He's commissioned the received.
- 2:22:37The question there or the questions, both of which must be
- 2:22:41executed or open fathers and 42 days is Evidently.
- 2:22:56One of the guidelines. As I said, 14.
- 2:23:01Oh, that's right. Wouldn't be four years.
- 2:23:03I apologize. I stand corrected.
- 2:23:06Four, five and six 30065 days, in the county jail credit for
- 2:23:10two days. Sir.
- 2:23:11Thank you. The portion like he's from your
- 2:23:34voice a reason. Yes.
- 2:24:30One, three. That is correct.
- 2:24:33Okay, so there's no better transcript.
- 2:24:39Our house is, this was part of the plea.
- 2:24:46Book and that is a delayed sentence relative to count six.
- 2:24:49That's right. That was placed on the record
- 2:24:51beforehand and it was reflected here in the recording, but I do
- 2:24:54recall that so relative to count six defended, And it's a delay
- 2:25:01of sentence Under the Blade sentence that correct.
- 2:25:03So we would do review of that next year, delay of sentence,
- 2:25:09relative to count. Six.
- 2:25:12Obviously, there's no no jail time and closed for delay set.
- 2:25:15This is not technically a sentence, but the state cost was
- 2:25:19still apply and we'll get a date.
- 2:25:22There's March 29th, March 29th, 2027, Judge himself dinners and
- 2:25:31be remaining at this point. He's romantic Huskies.
- 2:25:33Sure. Okay, I got to admit friends
- 2:25:46that the, the final sentencing, there was a little bit
- 2:25:49confusing, I think. It's concurrent.
- 2:25:56But it might have been consecutive I'm not sure and
- 2:25:58they were trying to correct stuff themselves there at the
- 2:26:01end. So confusing other than I think
- 2:26:04we're all in agreement that none of us particularly liked that
- 2:26:07defendant that seemed to be obvious in the chat.
- 2:26:09I did want to bring up real quick since there was a couple
- 2:26:12of people I believe in the chat who were questioning Kratom and
- 2:26:16what that is. So Kratom is a tropical
- 2:26:20evergreen tree native to Southeast Asia.
- 2:26:23Its leaves of been traditionally used for hundreds of years for
- 2:26:27their stimulant and opioid like effects.
- 2:26:30In the US, it's often sold in powder capsule or liquid extract
- 2:26:33form marked as a natural supplement for energy, painting
- 2:26:37relief and anxiety and to manage open withdrawal symptoms.
- 2:26:41So, we know a little bit about Kratom here in the bunker, not
- 2:26:46because we've ever used it. But because it was actually
- 2:26:48presented to Beth as an option to deal with her chronic
- 2:26:52migraines kind of off the books. Dr. Brain as we call her
- 2:26:58neurologist, has told us that he has some patients who have
- 2:27:03responded. Well, to it to deal with their
- 2:27:05migraines. But he also issued the warning
- 2:27:08that There's no control over it whatsoever.
- 2:27:12So the the dosing of it the potency of it is just all over
- 2:27:19the board and you don't really know what you're going to get.
- 2:27:22So from that standpoint, it can be dangerous as well.
- 2:27:25So we've never chosen to go there because of the fact that
- 2:27:29it's hard to find Kratom. That's actually That's actually
- 2:27:34what is marked. So the quality is just not
- 2:27:37there. So little more about that just
- 2:27:40so you guys know let's do this. Oh a couple programming not real
- 2:27:46quick before going the next court first off reminder the end
- 2:27:48of the fourth hour today. I have an animals of TCF
- 2:27:52slideshow for you guys. That was as the result of
- 2:27:58hitting our Super Chat goal on Friday.
- 2:28:00That'll run for about seven seven and a half minutes the end
- 2:28:03of the show. It's hard to have been prepared
- 2:28:04and ready to go. Thank you to those who submitted
- 2:28:07your photos. I threw in a few of our own here
- 2:28:09and I'll be nice presentation Friday.
- 2:28:12We will not have a live show because it is Good Friday.
- 2:28:15I'll probably do a bus stop but I'm not sure yet and sidebar is
- 2:28:22on spring break for the next two weeks.
- 2:28:24So sidebar usually Tuesday and Thursday evening's will return
- 2:28:27April 14th. Okie dokie with all that out the
- 2:28:30way. Let's go to Texas judge Stevens.
- 2:28:36That is a 2019 case and the reason that features so old to
- 2:28:42my understanding Mr. Post was in Montana and in Nevada, and they
- 2:28:48just brought him back and was crazy.
- 2:28:50I mean, we, they blend into the was in Montana to the woodwork
- 2:28:55and it's hard to find a transient.
- 2:28:58That is true. So what I want to do something,
- 2:29:01they just got. What do we have?
- 2:29:03It's just you have two cases. He saw some public servants.
- 2:29:06Yes, they're different. And they're different.
- 2:29:10Let me just Here.
- 2:30:21It changes in menopause. Okay, the mystery defense.
- 2:30:44You just a couple of things here.
- 2:30:46Mr. Pulse is charged with assaulting two public servants.
- 2:30:51I have a probable cause after Davis in the wrong file here,
- 2:30:56that states a dug. So far was injured.
- 2:31:02I do not have a anything on. Any probable cause documents.
- 2:31:14And at all, all I have is stand on.
- 2:31:18Yes. All I have is a probable cause
- 2:31:23affidavit about three times. The copy that states a rate
- 2:31:29Wilson was struck but Ray Wilson's name is misspelled in
- 2:31:36the indictment. What we're going to do about
- 2:31:40that. Okay, it appears that that the
- 2:31:47problem will cause every day, but people under three, four,
- 2:31:51eight, eight, one was for. It was re-indicted and I have,
- 2:31:56right? Or a while Wilson.
- 2:31:58I'll check out I just have one, right?
- 2:32:04On will on Doug sober as the complainant, but Wilson.
- 2:32:10I only have one in diamond on with his Wilson on the front of
- 2:32:14the same reenactment. Yeah, yeah.
- 2:32:16But his name is misspelled. Okay.
- 2:32:18You just a couple well, it's spelled twice Ray Wilson,
- 2:32:26correction, and then about Seven words.
- 2:32:30Later Ray Wilson incorrect. It's obvious.
- 2:32:34I believe I don't think there's a any question when it's clear
- 2:32:42that it's a mistake. I mean, it can't be anything
- 2:32:45other than just a space. I'm going to correct his last
- 2:32:50name to w. I l s o n rather than the way it
- 2:32:56is spelled in the second version of these name which is which
- 2:33:01obviously indicates a Mistake, which is fixable in Egyptian,
- 2:33:08know. That is corrected.
- 2:33:20Yesterday. 3:30. This is 2026 already.
- 2:33:32Okay, okay. It out to the watch Network game
- 2:33:38yesterday. Now my dad used to say you can't
- 2:33:42get up and sore with the Eagles warning when you're including
- 2:33:44with the owls all night, I know. All right.
- 2:33:51It was a good game. Okay, that's that is corrected.
- 2:33:56And as you know, Mr. Pulse, you're looking at a third
- 2:34:01degree. Felony in each case with care,
- 2:34:03which carries with it up to 10 years in prison, you know, I'm
- 2:34:08not this, not a debate. What we're not in trial, I'm
- 2:34:12informing you like, I have to inform all defendants what their
- 2:34:16facing as potential punishment, if convicted.
- 2:34:19He understands that's all judge a case with us are sober is the
- 2:34:24victims that's being just missed.
- 2:34:27That's because he had to just one so 2034881 is to be
- 2:34:37dismissed and we're just going to proceed on this one.
- 2:34:40Okay, three five, one seven five correct.
- 2:34:43Yes. What you need to do is just stay
- 2:34:46quiet, don't say a thing, they keep this missing your cases.
- 2:34:50I'd say wire and see what happens next.
- 2:34:57I think this one looks. Yeah I'm looking at it.
- 2:35:00Yeah I can see that this is so this seems pretty certain to
- 2:35:06move forward with that. But okay, Langston judge, if you
- 2:35:13don't mind, he just put it on one more announcement and I'm
- 2:35:16not Gonna ask for Mr. Pulse. He's a transient this Mr. Pulse
- 2:35:25had any record of record at all from the state.
- 2:35:30Because it's not listed. And I mean nothing is listed in
- 2:35:33the Bible, right? And injuries to this man was
- 2:35:38what I mean, was he It wasn't serious injury.
- 2:35:41Now, Multiple arrests on that case.
- 2:35:51This being dismissed, I need to pull that problem after David
- 2:35:54out of it because he was in the sky.
- 2:35:57It's There's multiple arrests from stemming from Nevada, Las
- 2:36:05Vegas. Make a big conviction.
- 2:36:06Yeah, I don't see any convictions but my Alpha
- 2:36:10reflects that four weeks, four weeks, I think would be good.
- 2:36:15How long have you been in jail for half weeks?
- 2:36:19You just Montana know what we in Montana for us.
- 2:36:25You know, what are you in materials?
- 2:36:28Is that where you? There was a warrant there was
- 2:36:31sent for you or were you at the Montana jail?
- 2:36:33So yeah. Okay.
- 2:36:38And then they put you in custody.
- 2:36:39When did you get arrested? But we did, you get arrested up
- 2:36:43there? That two and a half weeks ago.
- 2:36:46Oh okay. Okay.
- 2:36:48I thought you'd been in jail while but just two and a half
- 2:36:51weeks. Okay.
- 2:36:52All right. So forth.
- 2:36:54Thanks, okay. Thank you.
- 2:37:23Practicalities. I understand not even so much.
- 2:37:30You just very that we should be brought out of snow going
- 2:37:38throughout it wrong. All right.
- 2:37:45Well they work to rack up another contestant.
- 2:37:47Let's keep with our promise of 9 to 11% more judge.
- 2:37:51Boyd, she was pretty much off last week but she's back.
- 2:37:56From zero one, one nine zero State versus Jonathan Flores.
- 2:38:00Could I have parties announced. Here on Earth.
- 2:38:05And are you Mr? Flores.
- 2:38:07I'm gonna need you to speak up so I can hear him.
- 2:38:09So the court report can hear, yes, Council of received all
- 2:38:12discovery that you review with your client will find that the
- 2:38:16state is in compliance with Discovery, Mr. Flores did you
- 2:38:19review the true bill of indictment with your attorney on
- 2:38:26the indictment as presented? Mr. Flores that you review the
- 2:38:30quartet monuments with your attorney to understand it inside
- 2:38:32it and all the appropriate places unlawfully carrying of a
- 2:38:37weapon with a felony conviction as a second degree felony range
- 2:38:40upon. It is anywhere from 2 to 20
- 2:38:42years in prison and I put 10,000 dollar fine.
- 2:38:45If you have a clue with the state, the court does not have
- 2:38:47to follow your plea. If the court does not follow
- 2:38:49your plea, and gives you more than you bargained for the fact
- 2:38:52that you entered, a plea will not be used against.
- 2:38:54You will be allowed to withdraw your plea.
- 2:38:56You have a right to jury trial the right for you or your
- 2:38:58attorney to cross-examining. Confront, any Witnesses, the
- 2:39:01state would call in the right termaine.
- 2:39:03Silent by entering this. Plea.
- 2:39:05You're giving up those rights that you intend to give up those
- 2:39:07rights and enter into play. In this case, yes.
- 2:39:11Council is your client been able to provide you with any defenses
- 2:39:14Insurance. Do you believe he has a
- 2:39:16rational, as well as a factual understanding of the charges
- 2:39:18against him? For sure.
- 2:39:19Do believe is currently competent was legally saying at
- 2:39:22the time of the offense. Mr. Flores, has anyone
- 2:39:24threatened, you coerced to replace you in fear, to get you
- 2:39:26to enter this plea know? Yeah.
- 2:39:28Anyone promise you anything, other than the plea know, are
- 2:39:31you satisfied with the way you've been represented?
- 2:39:32Yes. If you're not a US citizen by
- 2:39:34entering this plea, you will be deported to my naturalization
- 2:39:37and re-entry. Did you understand?
- 2:39:38Yes. Port will find that defendant
- 2:39:40has no only involuntarily waiters right to jury trial that
- 2:39:43you review the plea bargain page with your attorney that you
- 2:39:45understand it? Yes.
- 2:39:46According to the plea punishment is be assessed.
- 2:39:49At four years in the prison. There's a 2000 dollar fine and
- 2:39:52no applications to understand that to be the police.
- 2:39:55Yes, you review the way before peel paragraph with your
- 2:40:00attorney that you understand it, and sign it in both places.
- 2:40:02Yes. By signing that you're waiving
- 2:40:04your right to appeal. The only items that can be
- 2:40:07appealed or written pre-trial motions that have been filed.
- 2:40:09Heard and ruled upon God, Courtney.
- 2:40:11She understand. Yes, cancel the Benny such
- 2:40:13motion then to the offenses charged.
- 2:40:15How do you plead guilty? Not guilty or no contest, no
- 2:40:18contest State. Any evidence.
- 2:40:21Attachment jar, right? Stay tuned.
- 2:40:24May be excused. Did you review the waiver and
- 2:40:26stipulations with your attorney? That you understand it, and sign
- 2:40:29it in all the appropriate places?
- 2:40:30Yes. John again, did you understand?
- 2:40:32You have a right to jury trial a right for you or your attorney
- 2:40:34to cross-examining confront, any Witnesses, the state would call
- 2:40:38in the right to remain silent. Yes, you understand that today,
- 2:40:42the state will be presenting evidence in the form of
- 2:40:44witnesses, statements, and police reports.
- 2:40:46But most importantly, they'll be no live testimony, did you
- 2:40:49understand? Yes, sir.
- 2:40:51Court will find that defendant has known only involuntarily.
- 2:40:54Waving consent stipulation of testimony and stipulations Court
- 2:40:57will accept an Evidence States, exhibits one, and attachments,
- 2:41:00and review the same. After viewing States, exhibits
- 2:41:30one. In touch with the court will
- 2:41:32find. There is sufficient evidence to
- 2:41:33find you. Guilty in the court will find
- 2:41:34you guilty. All right?
- 2:41:35Preceding the sentencing. Yes, please do anything.
- 2:41:37You wish to have your client, just judge that take
- 2:41:41responsibility and we asked about, right, the court will
- 2:41:44find you guilty sentence you to four years in the prison give
- 2:41:46you credit for any time. Served, there's a 2000 dollar
- 2:41:49fine time and money will run concurrent is the Parole
- 2:41:54violation has been addressed, you know, I think that he has
- 2:41:57been discharged from parole, January 11th.
- 2:42:01Okay. All right, did you review the
- 2:42:03document entitled trial court certification of defendants
- 2:42:06rights to peel with your attorney that you understand it
- 2:42:08and sign it? Yes, sir.
- 2:42:10Because this plea bargain agreement?
- 2:42:11Because I followed your plea and because you waive your right to
- 2:42:14peel. You do not have the courts
- 2:42:15permission to appeal because this is a felony conviction.
- 2:42:17You're not allowed to own or possess any weapons or
- 2:42:20ammunition. If you have a question of what
- 2:42:22that is, you need to speak to an attorney if you understand.
- 2:42:25Yes. All right.
- 2:42:26Being darker record. Here's the thing.
- 2:42:28You got to make decisions in your life because If you
- 2:42:32continue on this path, you're going to end up.
- 2:42:34Being designated as habitual, depending on what type of felony
- 2:42:38you're charged with. If you are charged with another
- 2:42:40felony, your minimum sentence may be 25 years, you understand?
- 2:42:44Yes. All right, and Council, what is
- 2:42:46a cattle? Fit Aero peek.
- 2:42:48I've never heard of an arrow key before.
- 2:42:50So I think it's something that you can possibly open male
- 2:42:53receptacles with. Oh okay, I was just okay.
- 2:42:58Yeah, I was just trying to never call Harry call that so I was
- 2:43:01trying to figure out what it was.
- 2:43:02All right? Good luck to you.
- 2:43:03Thank you. Oh, it's unlawful.
- 2:43:12Possession of a weapon by felon. You're welcome.
- 2:43:18All right, who's next? Who's here on Della Rosa.
- 2:43:35Good morning. Is there an application?
- 2:43:38I know? All right.
- 2:43:40Ricardo Della Rosa. Court is calling 2026 cr0 0194.
- 2:43:50I'm sorry. One nine five four Cindy.
- 2:43:53Can I have parties announced for the record.
- 2:43:56Danielle cranberry for the defense, and are you Mr?
- 2:43:59Delarosa District. Council.
- 2:44:02Have you received all discovery? Get your review with your
- 2:44:04client. We have what?
- 2:44:06We'll find that the state is in compliance with Discovery, Mr.
- 2:44:10Delarosa, did you review the document entitled?
- 2:44:14And indictment with your attorney.
- 2:44:16Did you understand it? Yes I did.
- 2:44:19Council. Do you weigh the reading of the
- 2:44:20indictment? I do your honor state.
- 2:44:22Are you proceeding on the indictment as presented?
- 2:44:25This year. All right, Mr. Delarosa, did you
- 2:44:28review the court admonishments with your attorney?
- 2:44:29Did you understand it? And sign it in, all the
- 2:44:32appropriate places, be sure to. All right, to charge a
- 2:44:35possession of a controlled substance penalty group, one
- 2:44:37less than one gram, that is a state jail.
- 2:44:40Felony range upon a punishment is anywhere from 180 days to two
- 2:44:43years in the state jail, facility, and up to 10,000
- 2:44:46dollar fine. If you have to leave at the
- 2:44:48state, the quote does not have to follow your plea.
- 2:44:50If for any reason, the court does not follow your plea and
- 2:44:53gives you more than you bargained for the fact that you
- 2:44:55enter The Plea will not be used against you.
- 2:44:57And you will be allowed to withdraw your pleated.
- 2:44:59You understand, you have a right to jury trial a right for you or
- 2:45:02your attorney to cross examining and confront any Witnesses.
- 2:45:05The state will call in the right to remain silent by entering
- 2:45:08this. Plea, you're giving up those
- 2:45:10rights, did you intend to give up those rights and enter into
- 2:45:13plea? In this case?
- 2:45:17Counselors your client being able to provide you with any
- 2:45:19defenses. Yes.
- 2:45:20Do you believe he has a rational as well as a factual
- 2:45:23understanding of the charges against them?
- 2:45:25I do believe he's currently company was legally sane at the
- 2:45:28time of the offense. I do, Mr. Delarosa has anyone
- 2:45:31threatened you for your place and fear to get you to enter
- 2:45:34this? Please, anyone promise you
- 2:45:36anything, other than the police are you satisfied with the way
- 2:45:39you've been represented? If you're not a US citizen by
- 2:45:42entering this, for you will be deported tonight naturalization
- 2:45:45and re-entry. Did you understand?
- 2:45:47Yes court will find that defendant has no only and
- 2:45:50voluntarily waived his right to jury trial that you review the
- 2:45:53plea bargain page with your attorney that you understand it.
- 2:45:56According to the police punishment is to be assessed at
- 2:45:59nine months in the state jail facility.
- 2:46:00There's an 800 fine. And there are no applications.
- 2:46:03Did you understand that to be your plea defense?
- 2:46:06Yes, state. Sure. ah, thank you.
- 2:46:18Under 12:44. If you understand that, if
- 2:46:21you're going to be sentence under 12:44 and you understand
- 2:46:24that to be fully yes. All right.
- 2:46:26Defense. Is that the play?
- 2:46:27It is your all right. Did you review the way, repeal
- 2:46:30paragraph with your attorney? Did you understand it and sign
- 2:46:33it and all the appropriate places?
- 2:46:36Yesterday. Yes.
- 2:46:37All right, by signing that you're waiving your right to
- 2:46:40appeal. The only items that can be
- 2:46:41appealed are ridden Creek, Child, motions, that have been
- 2:46:45filed heard and ruled upon by the court to understand.
- 2:46:48Yes. So, if any such motion to the
- 2:46:51offenses charged, how do you plea guilty, not guilty and no
- 2:46:54contest State any evidence? No dictionary.
- 2:46:59All right, stay tuned. You may be the excuse, It's your
- 2:47:02view, the waiver and stipulation with your attorney that you
- 2:47:04understand it inside it and all the appropriate places.
- 2:47:06Again, did you understand? You have a right to jury trial a
- 2:47:10right for you or your attorney to cross-examining confront, any
- 2:47:13Witnesses, the state would call in the right to remain silent.
- 2:47:17It's understand by entering this please state will be presenting
- 2:47:20evidence in the form of witnesses statements and police
- 2:47:22reports but most importantly there will be no like testimony
- 2:47:26that you understand yes or find that then it has no name
- 2:47:29volunteering consent. Stipulation testimony and
- 2:47:33stipulations Court will accepting to evidence States
- 2:47:35exhibits one in attachments. Port is reviewed the same report
- 2:47:39will find their sufficient evidence to finding the court,
- 2:47:42will find you guilty, a proceeding with sentencing.
- 2:47:44Yes, please, John, David was your call.
- 2:47:47We just asked the court to follow the agreement, all right?
- 2:47:49The court will send you to nine months in the Bexar County Jail
- 2:47:52in 1244. Give you credit for Anytime,
- 2:47:55sir, there's an 800 dollar fine. Timing money run concurrent.
- 2:48:00There should be no unsupervised contact with minors.
- 2:48:04Are you all intending this to be a judgment satisfied?
- 2:48:07I know you're right. I believe how about a week left,
- 2:48:09all right. Mr. Delarosa did you review the
- 2:48:15Trial court certification of defendants rights to appeal with
- 2:48:18the attorney. Did you understand it inside it
- 2:48:20in both places? By signing that you're waiving
- 2:48:23your right to appeal. The only items that can be
- 2:48:24appealed are written pretrial, motions that have been filed,
- 2:48:27heard and ruled upon by the court.
- 2:48:30I'm sorry. It's a review, the trial court
- 2:48:35certification of defendants rights appeal.
- 2:48:37I'm trying to do too many things at one time.
- 2:48:39All right, because this is a plea, bargain agreement, because
- 2:48:43I followed your plea, bargain agreement.
- 2:48:44And because you waive your right to peel, you do not have the
- 2:48:47Court's permission to appeal because this is a felony
- 2:48:50conviction. You're not allowed to own or
- 2:48:51possess any weapons or ammunition.
- 2:48:53If you have a question of what that is, you'll need to speak to
- 2:48:56an attorney. Do you understand?
- 2:48:57Yes. All right, we can go off the
- 2:48:59Record. Here's the thing.
- 2:48:59If you have a drug or alcohol problem, they're plenty of
- 2:49:02places and San Antonio in Texas that can help you with that.
- 2:49:06When you're released from custody, if you can't find a
- 2:49:09place, you come back here. I'll pick up the phone and call
- 2:49:11somebody to help you. And just as a site note, One,
- 2:49:15these are things in certain rules that you should know.
- 2:49:19number one, if you're riding a bicycle, Bicycles legally,
- 2:49:25you're not supposed to write them on the sidewalk now.
- 2:49:27An officer may see you riding on the sidewalk and say, hey, it's
- 2:49:31fine. Because, you know, back in the
- 2:49:33day, we were right by Silas on the sidewalk because it was more
- 2:49:36dangerous for children to write them in the street.
- 2:49:38But legally, you're not allowed to ride bicycles on the
- 2:49:42sidewalk. If you write a bicycle on the
- 2:49:44sidewalk and I'll just pull you over.
- 2:49:45If you don't use the appropriate hand signals for turning and
- 2:49:49stopping when you're on a bicycle and officer can pull you
- 2:49:51on over if you're walking in the street where a sidewalk is
- 2:49:54provided and officer can pull you over, do you understand?
- 2:49:56Yes. All right.
- 2:49:57Good luck to you. Thank you.
- 2:50:01All right, who's next? Okay.
- 2:50:13Attorney. I'm
- 2:50:28alright, so I'm assuming the First degree.
- 2:50:32Felony is carrying the show. Yes, okay.
- 2:50:50Video. All right.
- 2:50:50So have you received all discovery just now you are.
- 2:50:54There was some surveillance footage that we were on the
- 2:50:56lookout for hadn't been uploaded.
- 2:50:58Apparently, it was in the format that couldn't be uploaded.
- 2:51:00So just this morning I was handed a DVD with that video
- 2:51:04surveillance footage. The only problem right now is
- 2:51:07that it's not a continuous 10. 20 minute video.
- 2:51:09It's broken up a little pieces. Not even an order.
- 2:51:13I have a chance to go through all of it across here.
- 2:51:17But I'm hoping a week. Two weeks we can come back.
- 2:51:20All right. How old are you?
- 2:51:22I'm sorry, 22 Norma. I need to play deadline date in
- 2:51:29May and counsel. If you want to come back sooner
- 2:51:31than that. You can come back sooner.
- 2:51:32Yes. All right, is that enough time
- 2:51:36for you? Yes.
- 2:51:37So, we'll be back on May 14th and that will be your pleaded
- 2:51:40line date. The your attorney will let me
- 2:51:43know whether or not you reaching agreement with the state.
- 2:51:45If you have not your next court date will be a jury trial date.
- 2:51:49All right. Thank you.
- 2:51:56All right, friends, let's change it up.
- 2:51:57We'll go up to Ohio. This is Judge O'Donnell or as I
- 2:52:02like to call him, judge f word. Now, what you want to do?
- 2:52:07Yes, sure. What's your plead to the
- 2:52:10allegation? Guilty.
- 2:52:14Except your guilty clean. Find your guilty.
- 2:52:18Well, go ahead. John I'm doing.
- 2:52:21I really took it and I really listened to you.
- 2:52:23When you told me last time I'm not going to sit here and try to
- 2:52:26bull crap. You, I was doing really well.
- 2:52:28I checked myself in a treatment at the lake house.
- 2:52:30Completed it, I got my own business, I opened my own
- 2:52:33business now, D&G Cornerstone Solutions, I got my own house
- 2:52:37that on, I have my daughter back in my life, every week.
- 2:52:39I have not missed one time with her, and I was just started
- 2:52:42counseling with her every week. We're going to start going.
- 2:52:45I'm really, I was doing well and when I moved to my own house,
- 2:52:50I'm not gonna lie. I didn't not relapse on drugs, I
- 2:52:52had one drink a couple drinks and then I went back to AA.
- 2:52:56I'm not gonna share in lighting you now.
- 2:52:59Listen, you've told me three times that you're not going to
- 2:53:01sit here in light and I'm not, you know what?
- 2:53:03That makes me think I'm not interested in their line at me,
- 2:53:06okay. So, why didn't you show up?
- 2:53:09I had a drink and I just was scared to pee.
- 2:53:12I would pay Peter. That's why I didn't show up,
- 2:53:15right? What did you tell Kim that.
- 2:53:17I was sick and you weren't sick. No, okay.
- 2:53:24So told Kim that you that you had covid, right?
- 2:53:28Yes. And that you sent her an email.
- 2:53:32When you didn't write yes sir. Okay.
- 2:53:35And when she came to see you in the jail, what did you tell her
- 2:53:40about having covid? What did you tell her about your
- 2:53:44covid? I thought I was sick.
- 2:53:46I didn't. But I just, I was on his with
- 2:53:48her just today. I told her the truth because I
- 2:53:51didn't want to lie, I just wasn't impressed.
- 2:53:54I didn't want to let people down that I worked so hard to get
- 2:53:57where I was there. And I was ashamed of my soul
- 2:53:59because I had a drink. I was really so I got myself
- 2:54:02straightened back up because I don't want to lose my business
- 2:54:04in my house that I live on my own and things.
- 2:54:07And where's your house? You know, and Geneva, right?
- 2:54:10Where do you work? I work at DMG Cornerstone
- 2:54:13Solutions, what's that? That's my own business.
- 2:54:16I open a remodeling business. I'm doing really well.
- 2:54:20Okay. When did he take that?
- 2:54:26Urine test Kim. The first one on 318.
- 2:54:34Okay. And then I went down to the jail
- 2:54:37the following day and got another one on Three 19.
- 2:54:41I bless you. Thank you.
- 2:54:42Now, what did you what did you take before you went and took
- 2:54:46that your test? What did I take?
- 2:54:48I drink a detox drink. Okay.
- 2:54:51Why did you drink a detox drink? Just for sure.
- 2:54:53I'll be clean. From what from alcohol.
- 2:54:57Okay. Of course, you know, I have no
- 2:55:03way of knowing whether you're telling me the truth or not.
- 2:55:05Right? Yes, I really am because I know
- 2:55:08that I, I like, to verify things.
- 2:55:10I cannot possibly verify that can I know you can't, okay?
- 2:55:15And I can't verify because you don't show up.
- 2:55:20You know what? That makes me think.
- 2:55:23What do you think? That makes me think.
- 2:55:26Yeah, I'm not reliable that you're using drugs but there's a
- 2:55:31lot of times people don't show up so they don't have to take a
- 2:55:33urine test. So the drug won't be detected.
- 2:55:37It wasn't this time I didn't use no drugs around.
- 2:55:39I really only drink, I'm being honest with you.
- 2:55:46It's that's it. Isn't that asking an awful lot
- 2:55:49of me to believe that you're being honest with me, when I
- 2:55:51look at Your records since you've been here?
- 2:55:54Yes, your third violation in it. Yes.
- 2:55:56Right. And you were here on a pretty
- 2:56:00serious charge, weren't you? Yes.
- 2:56:03Okay. so, Anything you like to say, Mr?
- 2:56:13D. I believe he's been honest with
- 2:56:16you, he's opened up. I think that you the message has
- 2:56:18been sent to him, we asked is quite a time so long to get back
- 2:56:22to his business. You are How many times have you
- 2:56:27seen Kim? So she's been supervising.
- 2:56:30You are probably quite a bit. She's always been fair to me.
- 2:56:33She's always times. Did you see him Kim?
- 2:56:36Do you know off him? roughly, when you just Was
- 2:56:46prayer transferred to me from Jamie, but I'm not sure exactly
- 2:56:50what that was like. Were you seen him a number of
- 2:56:54you? Says when he got out of lake
- 2:56:59houses, when he started seeing him, why did you get out of lake
- 2:57:02house? Back in August, okay, and you'd
- 2:57:05seen her every what week or two weeks or what every week every
- 2:57:08week. Yes, okay.
- 2:57:11When did it switch to two weeks and never switched it two weeks.
- 2:57:15He missed. Okay, all right, that's right.
- 2:57:16Okay so, so, Why do you assume that she's not very smart.
- 2:57:29Why do you make that assumption? I never thought that, I never
- 2:57:32thought that was. Well, it doesn't take her long.
- 2:57:35To figure out her probationers when they're doing what they're
- 2:57:40supposed to do. And when they're not to, when
- 2:57:43they're not supposed to do. Doesn't take her very long.
- 2:57:48So she knew That there was something off with you.
- 2:57:53When it got to a certain point. and, Did you really think that
- 2:58:00you were going to fool her with this line of crap that you had
- 2:58:03covid and couldn't show? No, okay.
- 2:58:09Because I gotta tell you, she didn't believe you, right?
- 2:58:11From the word, go. I know, I understand.
- 2:58:14And then when you showed up with that urine that was some Foreign
- 2:58:20color. She knew something was wrong,
- 2:58:24but she still wouldn't admit something.
- 2:58:30So, this is your third one here. Am I gonna make some magic
- 2:58:37assumption going forward? That you're actually going to do
- 2:58:39what you're supposed to do and not screw around anymore?
- 2:58:41I really am your honor because I have, I don't want to let my kid
- 2:58:45down, like, I really got just got her.
- 2:58:47I've been, she has been back in my life for three months right
- 2:58:49now. How old is she?
- 2:58:50She's eight years old. Where is she right now?
- 2:58:53She's with her mother. And I get her this weekend and I
- 2:58:56have not missed appointment in her, she's not getting along
- 2:58:58really well. We're starting, well, we use
- 2:59:01less. When did you last have ever?
- 2:59:02So the phone, I get her every two weeks.
- 2:59:07How long you been in jail? I've been in jail for almost so
- 2:59:1014 days. So you didn't when is the last
- 2:59:13time you had that oh, the weekend before I came to jail.
- 2:59:16When were you supposed to have her again?
- 2:59:18I'm supposed to have her this weekend again so every third
- 2:59:20weekend. Yep.
- 2:59:23And I talked to her yesterday on the phone.
- 2:59:27What's her mother going to do about this?
- 2:59:28She was she's still part of my life because of how good I'm
- 2:59:31doing and things. And, you know, if you She's
- 2:59:35upset that. I'm back in jail.
- 2:59:36Okay? You can't tell me how good
- 2:59:38you're doing, okay? When you're in jail again,
- 2:59:41you're right a third time, I guess.
- 2:59:46Because this was a very serious. Offense.
- 2:59:52Do you remember the offense? Yes, okay. so, if you, if you
- 3:00:00Try to fail to three times. Why should I go along with it
- 3:00:03again? Shit on her.
- 3:00:06I'm not gonna even say you should but I just I really I
- 3:00:10worked hard last time because I'm very embarrassed to be back
- 3:00:12here in front of you and all I can say is that I really took
- 3:00:15what you said to me to heart and that's why I was trying to
- 3:00:18listen to me, listen to me, if you took the heart, okay, then
- 3:00:21when you, if I'm going to assume for a minute, everything you
- 3:00:25told me today is true, okay? If you took at the heart, he
- 3:00:30would pick up the phone and said, Kim, I screwed up.
- 3:00:34I had a drink yesterday. You know what can I do now?
- 3:00:40And what do you think? Kim would have done?
- 3:00:43Sure, he brought she Universe, she would have helped me should
- 3:00:45have all right, sources, and she would have to do what I needed.
- 3:00:48You're right. And I was just shamed.
- 3:00:50I was embarrassed to myself because I was, you know, you get
- 3:00:53over yourself. Will you get over yourself?
- 3:01:00Could all you do is. You have this tendency to dig
- 3:01:04that hole deeper instead of climbing out of it.
- 3:01:28Got a sponsor, get her. How often you go to the AA
- 3:01:34meetings? I go to Five a week.
- 3:01:38Do you provide proof of that to Kim?
- 3:01:39Yes, I was. I have I was on an app.
- 3:01:43But now that I moved out of the Sober House, you run an air
- 3:01:46whatever I lived at Sober House, I lived it just sober house.
- 3:01:49So I just moved out because I just moved in my own house that
- 3:01:53I got. So now I'd have to get a paper
- 3:01:55sign it. But I had a app because when you
- 3:01:58live there, you just check in the app and it shows you how
- 3:02:01many meetings you attend, you go to the meetings.
- 3:02:04Yes, I do. Physically, go to the meeting's,
- 3:02:06not looking at them on your phone.
- 3:02:08No, absolutely go to him. You have to be at the meetings.
- 3:02:11That's the only way they will check you in.
- 3:02:16How long you been in jail? I've been in jail for 13 days
- 3:02:20today. It's the 18th.
- 3:02:27You make it any money in jail? No, you're on her.
- 3:02:29You lose the money in jail. Yes, I'm gonna lose my house.
- 3:02:32That I just worked so hard to get.
- 3:02:59All right, I'm going to continue you on community control.
- 3:03:05And serve 13 days with credit for 13.
- 3:03:13You're going to continue with all the terms of your community
- 3:03:16control that I imposed. The last two times you were
- 3:03:24here, that have not yet been completed.
- 3:03:27Just trying to. Thank you so much and I will try
- 3:03:31not to let you down. I promise you.
- 3:03:32Hey, don't Don't live your life. Trying to not.
- 3:03:36Let me down. Okay.
- 3:03:39Why don't you not let yourself and your daughter down?
- 3:03:41That'd be a better plan. Thank you, anything else?
- 3:03:47All right. Okie dokie friends.
- 3:03:51Um, since there was talk in the chat about the the alcohol detox
- 3:03:56drink that he referenced I looked it up.
- 3:04:04He's probably talking about drinks like rescue cleanse detox
- 3:04:08or a cute carbo detox drink. So, these are marketed to dilute
- 3:04:14your urine, by making a drink, a lot of fluids add vitamins,
- 3:04:17like, vitamin B. To keep urine looking normal in
- 3:04:20color and they often include creatine, so, lab markers.
- 3:04:24Won't flag a dilution. However, there have apparently
- 3:04:30been advances in tests, which, pretty, much cancel out any of
- 3:04:34these things because number one, they don't work anyways, but
- 3:04:37they specifically look for abnormal creatine levels, color
- 3:04:43consistency, dilution stuff like that.
- 3:04:45So even if you drink one of those, you're probably going to
- 3:04:49test positive anyways or come back diluted which will lead to
- 3:04:54a bad sample and get you in trouble that way.
- 3:04:56So the morning, you know, that's what's going on there.
- 3:04:59Look at that we're in the fourth hour already.
- 3:05:03This day is flown by reminder. The show will end with our
- 3:05:07animals of TCF presentation at the end of the hour.
- 3:05:11Let's go, let's go back to judge Stevens 26, See, our 59. the
- 3:05:20state of Texas versus area. Area, the emphasis is on the
- 3:05:26second. Part of your name, right?
- 3:05:32Lacaze. Okay, well guys, you were here
- 3:05:35with Mrs. You're returning in the States.
- 3:05:37Attorney does the defendant label formal reading of this
- 3:05:40indictment and the Iranian here. Can we proceed some?
- 3:05:43Yes, in summary. This doesn't let us just that
- 3:05:45honor about December 20th. 2025 a few months ago, in Jefferson
- 3:05:51County Texas. You committed the first degree
- 3:05:54felony of aggravated assault. With a deadly weapon.
- 3:05:59Namely enough the understand which the child support here?
- 3:06:05Yes. Since this is a first degree
- 3:06:38felony, you are facing a term in life in prison if convicted.
- 3:06:44Or any term of not more than 99 years or less than five years in
- 3:06:48prison. In addition a fine Maybe assess
- 3:06:52not to exceed 10,000 dollars. Do you understand the punishment
- 3:06:56range? You are facing here.
- 3:06:59Yes. An agreement has been reached
- 3:07:04where? You would be pleading guilty.
- 3:07:09And placed on deferred or uneducated probation.
- 3:07:13So, And that can be up to 10 years in the late.
- 3:07:20There's no fun. Is there any restitution?
- 3:07:23Somebody was stabbed. There's no restitution the
- 3:07:26victim just requests mental health assistant.
- 3:07:29So I spoke with probation and we're going to do any evaluation
- 3:07:32and try to get her some help on that, okay?
- 3:07:34But what happened to the victim? Did he have to go?
- 3:07:36He is not requesting for did not.
- 3:07:39That's well, I know that is he went to the hospital, he did,
- 3:07:44the people pay, the bill, or Is he just?
- 3:07:47Oh, they're funny. The bill, then she's got a plate
- 3:07:51with the people this cows. That's what they want. up, they
- 3:07:57don't want to pay for People's other people's mistakes.
- 3:08:00They're paying taxes, high already.
- 3:08:06Sure did the same with. Yeah, something that wasn't the
- 3:08:10thing. There's some costs there, I'd
- 3:08:13have to reach back out to him judge and get the actual
- 3:08:15restitution amount then for his business, maybe he may not even
- 3:08:19know. you know, they may walk out of there after they treated
- 3:08:24him and then but I know. Hospital puts it on the books
- 3:08:33somehow as a expense. And if there is the people don't
- 3:08:38absorb the payment by High taxes, plus her medical costs
- 3:08:44for our insurance. That we all because, People.
- 3:08:51Intentionally stabbing others. And then the treatment is
- 3:08:55absorbed by the people which they don't find.
- 3:08:59Amazing North Fair and I agree if there's restitution you're
- 3:09:04gonna have to tell you understand.
- 3:09:06Yes. I'm not.
- 3:09:13This is going to be up to 10 years. and you do well, it gets
- 3:09:17shortened to one third of the time which is really If I follow
- 3:09:23this agreement, you have no right of appeal of your case.
- 3:09:26Do you understand? Are you pleaded this charge of
- 3:09:33the first degree felony of a soft?
- 3:09:35Aggravated assault. Guilty or not guilty.
- 3:09:39Are you pleading guilty? Voluntarily that is on your own
- 3:09:43free will and because you are guilty.
- 3:09:46Yes, sir. She was more to stay exhibit
- 3:09:57one, you just sign that document voluntarily and understand it,
- 3:10:00discuss it with your attorney or the contents.
- 3:10:02All true and correct. Yes.
- 3:10:04It's the one is tendered into heaven without objection it.
- 3:10:09States that you or mentally confident in your guilty
- 3:10:12pleasure screaming barely made. You know what you've been
- 3:10:15charged with the indictment right here.
- 3:10:17You wrote it, you were guilty of the crown charts and any lesser
- 3:10:20included offenses. You were giving up your rights
- 3:10:22to a true child and wife the parents computation costs
- 3:10:26animation Witnesses and you were totally satisfied with the width
- 3:10:30presentation provided by your lawyer, all of this will help
- 3:10:33you get Interesting. And you were pleading guilty
- 3:10:37today voluntarily knowing intelligently and after
- 3:10:40discussions with your attorney. Yes.
- 3:10:42All right. The presents report wave
- 3:10:46yesterday in order to call this agreement.
- 3:10:50And find you are mentally competent, and you're guilty
- 3:10:53plea. It's freely involuntary.
- 3:10:55You know what? You've been charged with the
- 3:10:57indictment. If you've read it, you guilty of
- 3:11:00the crime and love that you have your rights to try parents.
- 3:11:06Come to Patient classes animation.
- 3:11:09He would totally satisfied with the representation provided by
- 3:11:12returning. All, this is true.
- 3:11:16So happy that states exhibit. One is made of other people.
- 3:11:22Yes, I'm going to fall this agreement and find you.
- 3:11:27You are mentally competent to enter this.
- 3:11:30Please there's sufficient evidence.
- 3:11:33Supporting States exhibit wanted here to find a reasonable doubt.
- 3:11:38However they should only reached I am going to defer or postpone
- 3:11:43finding it goes so long conditioned to pawn.
- 3:11:46You following these terms and conditions of probation which
- 3:11:50probation officers going to go over with you.
- 3:11:54It make sure you follow them because it can be fail before
- 3:11:56they should be revoked. You could then be found guilty
- 3:12:02and stuff to life in prison. Do you understand?
- 3:12:04No less than five up to life in prison, so There's a premium
- 3:12:09here on the requirement of you to follow these rules and
- 3:12:14conditions of probation. Restitution it's stating them
- 3:12:19there could be restitution just to what may be or some other
- 3:12:32entity or people. Who absorb the cost?
- 3:12:36for this intentional crime and that's only fair that you the
- 3:12:44responsible person in all cases who make a male and admit to it.
- 3:12:49You have to pay the cost back. people who are involved and it
- 3:12:55shouldn't pay in the way for anybody else's mistakes and that
- 3:12:59not only goes to you for me and for everybody else we're all
- 3:13:02responsible. the fixing their own messes and that will be
- 3:13:07included I'd like to I'd like to know where we stand on that
- 3:13:12because the court and unless something is happens.
- 3:13:20We that we find out that we don't know about that defies
- 3:13:24logic something this costs at all hospital treatment always
- 3:13:29costs it costs someone. This is an intentional act that
- 3:13:34you're going to have to repay somehow.
- 3:13:37Let me understand. So restitution will be ordered
- 3:13:40in an amount to be determined after the probation office has a
- 3:13:44house and report for help. Make sure you follow this and
- 3:13:50you move on with your life and make better choice.
- 3:13:55Anything else? No, that's something okay.
- 3:14:01Friends, let's stay in the building, but we will go next
- 3:14:05door and say good morning to judge West.
- 3:14:13All right. So again, you're Brandon Griffin
- 3:14:15and it's my understanding that you guys have come up with an
- 3:14:19agreement instead of going to trials that correct.
- 3:14:21Yes, just and Mr. Hospital your client play the formal reading
- 3:14:24of the indictment he Let's say we're going on a lesser correct
- 3:14:28yes. Alright by tempted which makes
- 3:14:30it Class A Misty. All right let me get that all
- 3:14:33going. Okay.
- 3:14:52So Mr. Griffin and calls number 24, DCR 1666, the state has
- 3:14:57elected to proceed on the Lesser offense of a Class, A
- 3:15:01misdemeanor, attempted publishing or threatened to
- 3:15:03publish intimate. Visual material from June 24th
- 3:15:06to 2024. How do you pledge are pleading
- 3:15:10guilty freely and voluntarily? And because you did what they
- 3:15:14charge you with, I have here on the tablets of documents that
- 3:15:17have your signature on them that the state's marked as exhibit.
- 3:15:20Number one. Before you sign these, did you
- 3:15:22go over them with Mr? Robotics do you fully understand
- 3:15:25them? And you understand if I follow
- 3:15:27the agreement that you made with the district attorney you'll be
- 3:15:29waving or giving up any right to appeal and it looks like the
- 3:15:33agreement is for 30 days in the Jefferson County Jail that you
- 3:15:37all have checked and you have credit for 14 already.
- 3:15:39And the agreement is for me to reset sentencing to a different
- 3:15:45date. So the you have time to kind of
- 3:15:46get your Affairs in order. So that you can go serve that
- 3:15:48time out. Is that your understanding?
- 3:15:51Um and are you a US citizen state Tenors number one no just
- 3:15:55admitted. Is there any evidence that Mr?
- 3:15:57Griffin is not competent know? Yeah.
- 3:15:59All right so I'm going to find this new energy, plea of guilty
- 3:16:01freely and voluntarily find that you're mentally competent, and
- 3:16:04understand the nature and the consequences of your plea.
- 3:16:07Find sufficient evidence to find you guilty.
- 3:16:09However, I'm going to reset your case for sentencing to The 22nd
- 3:16:15the 22nd it's a Wednesday. So it's kind of a different day
- 3:16:19because of that week is kind of off week.
- 3:16:22So we'll have document at 9:00 that morning.
- 3:16:25It's very important that you're here on time and also that you
- 3:16:30are not arrested for anything between now and when we come
- 3:16:32back and we'll go forward with your sentencing at that time and
- 3:16:35we do not need a present in this report.
- 3:16:37All right, let's see if it's sentencing.
- 3:16:39Thank you, thank you for working that out.
- 3:16:43Just Right quick and easy and judge West.
- 3:16:54Court. This morning, let's go back to
- 3:16:55here on County. New contestant in front of
- 3:16:57Judge, Prill. Okay.
- 3:17:07People are represented by prosecuting attorney Timothy
- 3:17:09Jerry Rutkowski by the way history, on January 30th of this
- 3:17:13year, which if any kind of a guilty plea without writing.
- 3:17:16While on toxic kids, are the serious injury, this is Karen,
- 3:17:19Evelyn prepared, the precepts reports dated March, 1720 26 Mr.
- 3:17:23Feral and in your client identity, to review the
- 3:17:26research, we had here, the additions deletions questions or
- 3:17:31objections or other than that believe you're entered that.
- 3:17:34There are no other editions Corrections might find
- 3:17:37syndicating Builder no judgment of the guidelines on presuming
- 3:17:40as well. Yes that's correct.
- 3:17:41Which reports know you're right. Thank you.
- 3:17:47Like to say we have your client before the court in post effects
- 3:17:51just briefly, you're right. Judge my client has really.
- 3:17:55This has been quite the weight of line or over here has
- 3:18:04happened. My client has finally comes with
- 3:18:07the realization that he cannot drink alcohol.
- 3:18:11Is. And I'm not saying it is
- 3:18:14mother's house. She was diagnosis, and she is
- 3:18:21now available. Six years, clean from alcohol.
- 3:18:24And I think my clients biological father TV does not
- 3:18:28know. It's also the reason he is no
- 3:18:32water with my client's mother is because he had an addiction
- 3:18:35problem as well. Not alcohol.
- 3:18:36But that, I can't believe this drugs, but in any event.
- 3:18:39So, the genetic predisposition is within my client.
- 3:18:44And I think it grabbed a hold of, as a reported case when he
- 3:18:48was going attending Michigan State University.
- 3:18:51That's where is alcohol. Consumption, really took off and
- 3:18:55he indicated that honestly and openly but many of them, this
- 3:19:04census tragic of that does occur and I want to apologize.
- 3:19:08I think my clients just as well. She's really sustaining
- 3:19:13significant injuries and I hope that I pray.
- 3:19:18That she will overcome them and I hope she gets some less of her
- 3:19:22life back I genuinely do but from reading the report and
- 3:19:27she's had some very significant reset.
- 3:19:29She's had some very serious about wandering to help at
- 3:19:34least, try to get back to her. And I don't believe she's there
- 3:19:38as of yet um, in any event Here through this, my client has
- 3:19:44placed himself in treatment. He's in counseling, he goes
- 3:19:49twice per month, is on my weekly basis, and he's been seeing a
- 3:19:56counselor since this has occurred in July of 2024.
- 3:19:59And this it was on the weekend of July. 4th, this is true.
- 3:20:02I'm not trying to make an excuse for my client, which is the
- 3:20:05report pathway of understanding I don't think this was something
- 3:20:10like mine was doing every day but as he indicated in this
- 3:20:12report when he was drinking he couldn't stop.
- 3:20:15He could. And that is where he has made
- 3:20:19the commitment to understanding and the admission that he is an
- 3:20:23alcohol. He is powerless over alcohol.
- 3:20:26Since that point in time, he hasn't drank.
- 3:20:29He's got almost two years old and he continues to work and
- 3:20:35learn about his addiction. Now he's also helping other
- 3:20:42people, he has a sponsor and I mean, he's really doing
- 3:20:46everything in his power to try and do what he canceled that
- 3:20:54this never ever happens ever again.
- 3:21:00Um, and I provided that proved to work the last time of letters
- 3:21:05from various people that he's in contact with now.
- 3:21:08And from his sponsor Ridley, as well as Peter Healy, the
- 3:21:13counselor, he's really doing everything we can to try and
- 3:21:19overcome this and learn from his significant.
- 3:21:23Let's say here at mistakes in the past.
- 3:21:26With that being said, you are, I can't argue with the
- 3:21:33recommendation and the Probation, Department's report
- 3:21:38and are you with it at all? The only thing I would ask you,
- 3:21:42your honor is to Consider a blended sense of the Court, will
- 3:21:49it? I guess, I am trying to help my
- 3:21:56clients stand, the right hand and trying to help him maintain
- 3:21:59his family and trying to help him maintain his job.
- 3:22:03And certainly those are all the importance of But the report,
- 3:22:07you know, they wanted to keep working and do all that we
- 3:22:09certainly understand, we're not saying before you as to be so
- 3:22:13foolish to believe that no one Cars creation is the line.
- 3:22:16Certainly it is and I was even going to ask you to your honor
- 3:22:19to consider a longer probationary term.
- 3:22:22So that the court can be assured that you know first of all you
- 3:22:26can more control over my client and make sure that he's true to
- 3:22:31the words that I think he's going to speak to you about here
- 3:22:34today about maintaining his variety and not overcoming
- 3:22:38before you even I think you own any store, you know that he's
- 3:22:42not following rules or anything because he said we cannot hear,
- 3:22:45he just can't. So with that being said, you're
- 3:22:49under he has repented. There was one other thing.
- 3:22:51I wanted to address that came to me this weekend and I hope this
- 3:22:55doesn't offend anybody in the courtroom, but it seems to me
- 3:22:58that I go to church every week trying to find this service.
- 3:23:04I don't like, it seems to me every time I hear a start. it's
- 3:23:09almost like the pastor is a preachers talking directly and
- 3:23:13this research was a moment, you know, people's and you know,
- 3:23:19they talk about Christianity or they talk about being the big
- 3:23:22believer in spiritual but it's only, you know, on the weekends
- 3:23:25maybe for an hour and they might talk about it during the week
- 3:23:28when they're Doing some Bible studying their Idols become at
- 3:23:32least for me earlier in my days, you know as a work all the time.
- 3:23:35That was I don't work and for money and trying to take care of
- 3:23:39my family and get my kids involved in the best activities
- 3:23:42I could which was foolish. I mean the higher it should be
- 3:23:45God white family that for me and that's what I try to live by and
- 3:23:51when I heard the pastor talking this weekend, I thought
- 3:23:55immediately my client because I know I was coming in here today.
- 3:23:58I'm not and I thought my God and all this poor guy.
- 3:24:01That is young age. She's 31 years old and you know,
- 3:24:06his Idol is obviously work work work work trying to you know,
- 3:24:10get a company as an orchestra taking the company works at now
- 3:24:13Presley. Well, I'll be able to find
- 3:24:15percent but still an ownership stake at his young age and his
- 3:24:21eyeballs alcohol. I mean it was part of it and he
- 3:24:24just I don't think he had the Spiritual grounding that he has
- 3:24:30knowledge. AAA is everybody knows it, it
- 3:24:33has a very strong component of spirituality that your power was
- 3:24:37overhaul, your brain to higher power to help you overcome that.
- 3:24:41I think he's finally realized that this young age and I told
- 3:24:46him on the hallway today before he becoming into your courtroom
- 3:24:48that you're ahead of the game at 31.
- 3:24:53Maybe I was at your age. You understand more now even
- 3:24:58though you're in a tough spot and we were just throwing this
- 3:25:01case. You are in a better position
- 3:25:03than I was at your age. So keep that in mind and hold on
- 3:25:08to that belief. And and I think everything will
- 3:25:12be okay. But, you know, we're here to
- 3:25:16take his medicine. He didn't shy away from me.
- 3:25:20I think he may be even having emotional to talk on this
- 3:25:24Neverland, probation department. I thank you for the time today,
- 3:25:28just like single score. Some consideration to help.
- 3:25:33I know he had this, there's a punishment nature, right?
- 3:25:36I can get that. But help my client to manage his
- 3:25:42punishment. But while at the same time, you
- 3:25:46know, balancing that with Justice, and hopefully being
- 3:25:49merciful and listening, literally my words.
- 3:25:54Thank you so much for the time. You're welcome, Mr. Gagne what
- 3:26:00would you like to say? Thank you.
- 3:26:01Your honor and for the regular polish is the court.
- 3:26:05I might I have. I'm gonna stop.
- 3:26:07You. Never have to apologize before.
- 3:26:09This is our job. It was anyone to apologize to
- 3:26:13Its anyone who may have been affected by your behavior.
- 3:26:16I prepared a couple of pieces here, you know, on Saturday,
- 3:26:22I'll be celebrating 21 months of sobriety.
- 3:26:26Usually at my AA meetings, they asked whenever anybody
- 3:26:30celebrating some kind of Milestone, they asked, how did
- 3:26:33you do it? And I had to just, I usually say
- 3:26:38exceptions. I've accepted that as a federal
- 3:26:43stated. I'm completely powerless
- 3:26:45overall. And at the time, I like this
- 3:26:47definitely become a manageable. Um, but most importantly I
- 3:26:52decided to help. I, I understand now that asking
- 3:26:59for how it pays courage, which is something I lacked almost two
- 3:27:04years ago and I viewed vulnerability as a weakness.
- 3:27:09So, Mr. Fairlane, you touched on some of these things but you
- 3:27:14know, a quick summary of what I've done over the last 21
- 3:27:17months. I've successfully completed
- 3:27:21almost 2200. So we're like tests four times a
- 3:27:25day, 100% compliance. I attend a meeting at least
- 3:27:29three times a week, either through zoom on my way home with
- 3:27:32the Washington Island Club. Many people in this report
- 3:27:36actually wrote me a letter of recommendation.
- 3:27:41I get through that his own where I wanted to fit in the Eleanor
- 3:27:44Club in person, meetings. I know came to sponsor a very
- 3:27:50cool issues. As Mr. Carolyn stated his
- 3:27:53numbers on here, I I attend by weekly meeting to the
- 3:27:57professional sobriety counselors here.
- 3:27:59He was absolutely. Okay.
- 3:28:07It was weekly for first months and I hear to see him biweekly.
- 3:28:11I don't know about every stop seeing him.
- 3:28:20I completed the Intensive 12 weeks recovery program called
- 3:28:27designer living attended about meeting her.
- 3:28:34Several letters of, you know, character reference from other
- 3:28:40alcoholics or NBA. So I understand the impact, when
- 3:28:44I passed the decisions and actions, I've gone through
- 3:28:46Extreme Ways to protect myself, variety of creating supports and
- 3:28:50never Been a truly enjoyed it. It is inspired.
- 3:28:53Who is inspirational as a motivating motivational.
- 3:28:57I share every single meeting. No matter what.
- 3:29:02Because I think most everybody else out there, my experience.
- 3:29:08I have some more written down here, but I don't want to take
- 3:29:10too much time. I did prepare your honor, a
- 3:29:15letter for the big one here. I'd like to get to either Mr.
- 3:29:18Kowski, or yourself. Stand.
- 3:29:21I just need her address or working for her address and
- 3:29:24delivered to her, but I felt it appropriate to read some of the
- 3:29:28things in here that I drove here.
- 3:29:29There's a kind of just sums up or has so Here.
- 3:29:34Mrs. Ruth, I'm writing this letter with my deepest and most
- 3:29:37sincere. Apologies.
- 3:29:39The actions displayed were Reckless immature selfish.
- 3:29:42I struggled thinking about the fact that those actions almost
- 3:29:44like the one that got back there places and I was changed the
- 3:29:49person. I wasn't that day is not who I
- 3:29:51am Norwood, choose being moving forward.
- 3:29:52I think about you. This is Ruth and the accident
- 3:29:56every single day and I was doing anything, could take it all
- 3:29:59back. I've had some time to cross
- 3:30:04everything that happened in overall had a huge sense of
- 3:30:07guilt and remorse for causing someone else harm due to my
- 3:30:09actions. I've been wanting to write you
- 3:30:11this letter for some time both of his necessary to let the
- 3:30:15physical and steel. They would give anything to take
- 3:30:18back to dance. Okay, since the day of the
- 3:30:23accident, I promised myself and everyone around me to work and
- 3:30:25ensure that I never put anyone else in danger again.
- 3:30:31We're kind of done is helping to understand that nothing in this
- 3:30:34world happens by the state. I strive to be a better person
- 3:30:37to be because the events I have. My sobriety date officially is
- 3:30:4274 2024 day after the accident. I'm hoping to after the accident
- 3:30:48I decided that I needed to start finding out who I was as a
- 3:30:51person. And that I was going to need
- 3:30:53something more than myself to stay sobering than a simple
- 3:30:55promise wasn't going to be most I started attending on Hogs
- 3:30:59Anonymous meetings and started to work with other alcoholics
- 3:31:02and understand the steps that they took to maintain
- 3:31:05supportive. I wanted what they had.
- 3:31:08Came to understand that there was a solution for my disease.
- 3:31:11To achieve it. I must be opening and willing
- 3:31:14opening and willing to work with for it. played on us and
- 3:31:18vulnerable and that's several alcoholics to help me along my
- 3:31:20journey that continued to work every week with a professional
- 3:31:23sobriety house who is Mr. Healy is taught me that there's so
- 3:31:28much more to life than I do existed.
- 3:31:31So I have another alcoholic, sponsor me to help work with me
- 3:31:35through the steps and hold me accountable.
- 3:31:38And almost done. Along my journey.
- 3:31:42I came to understand that there's something else out there
- 3:31:44and more important than me, something much more powerful and
- 3:31:47I think God every single day for saving you.
- 3:31:50The victim in me without God, and so today's sobriety is the
- 3:31:59most important thing to me as unlikely mental life, without
- 3:32:02it, Adamant my life. Surely is not the same with
- 3:32:09others. I understand today.
- 3:32:11That makes a bride must not be taken for granted, and then was
- 3:32:14working every day. To drink is to die from.
- 3:32:19I know that today. I have a new life today.
- 3:32:23Things in my program were covering devoted to helping
- 3:32:25other alcoholics and she just say the same thing that everyone
- 3:32:28gets a second chance I got, and I know there's 100s of other
- 3:32:32people out there suffering that I need help.
- 3:32:38I read the notes from your victim impact statement and a
- 3:32:42little. I want to make the same promises
- 3:32:45to you. As I did, God, I myself in the
- 3:32:47local ones around I promise to make the bride in my top
- 3:32:51priority I promised and never hurt anyone else against you
- 3:32:55with my drinking. And I promise to keep you in my
- 3:32:57thoughts and prayers. I pray that you continue to
- 3:33:03heal. And that this letter helps you
- 3:33:08find some kind of pieces Serenity through all of this.
- 3:33:14like, Anything we have to equal, this is a victims rights case,
- 3:33:20it is, it's been sometimes since I've talked to the victim but we
- 3:33:25had chatted before, I guess based on those, I would, I would
- 3:33:28ask the court to consider if it's considering probation five
- 3:33:32years of Probation. And then a fair just sentence as
- 3:33:36it relates to the rules. Thank you.
- 3:33:42Mr. Gay, there is no product felonies, there's three
- 3:33:44priorities, there's a bachelor's degree, gave me employed.
- 3:33:48And at the time of this presents, 31 years of age, His
- 3:33:54blood alcohol. Was.
- 3:33:59It was a whole blood vessel that was that was another one of the
- 3:34:03issues. Yes.
- 3:34:03Sir. And the blood to be around a
- 3:34:06point one five at the lawn Yes, sir.
- 3:34:09And here. We have a traffic crash and Mr.
- 3:34:14Gagnon. Mr. Ferrell brings up.
- 3:34:19Religion brings out. Sermons and all that.
- 3:34:23And, and the sermon from the court is simply this You could
- 3:34:28have killed someone that day. Thank God, we did. but I can see
- 3:34:34you understand that because as I understand it, Here you were
- 3:34:41Cooperative along forcement. Obviously.
- 3:34:47It was a had to do. This poor victim is injured.
- 3:34:55You were injured in some shape or form as well, but again, you
- 3:34:59know, you had no business behind the week.
- 3:35:02Period. I don't care if it's July 4.
- 3:35:05I don't care if it's January 4. Doesn't make a difference. and,
- 3:35:11With someone with that educational background, wherever
- 3:35:13you may go to school or even a few are, didn't go to college.
- 3:35:17But you have a good job or you work hard and you do the best
- 3:35:21you can you know, better. and as I stated before, Thank God.
- 3:35:29No one died. Now.
- 3:35:33The court, when the court meets with attorneys.
- 3:35:39And we discuss these matters. Obviously everything is brought
- 3:35:43under the record and we discussed this and it is my
- 3:35:46understanding that it appeared that the victim in this case had
- 3:35:53no objection to you. Going through sobriety Court.
- 3:35:57You talk about a victim who though injured.
- 3:36:05Saw another side of this. And that means a lot to US
- 3:36:09court. but to be frank and honest with you, the court had
- 3:36:14discussions. With both attorneys and the
- 3:36:17court said, no. and the reason, the court said no is because We
- 3:36:23have injuries. and they have to be throughout the and they are
- 3:36:31being addressed. It will be the sex of this
- 3:36:36court. Considering all the factors of
- 3:36:40course, considering the fact, the sobriety the court is
- 3:36:43considering everything that's going on from the date of the
- 3:36:46incident moving forward. It will be the citizens core
- 3:36:51that can be placed on a term of probation for five years.
- 3:36:54The maximum report can give the guideline range is at low end,
- 3:37:01seven, high of 23. And, of course sentence will
- 3:37:08include the standard conditions not to violated the criminal law
- 3:37:10and the government not to leave the state of Michigan without
- 3:37:14prior approval report notifying, the probation agent, these
- 3:37:17monthly, or such times and places the agent required.
- 3:37:21Clearly, no users. Possession of alcoholic
- 3:37:23beverages or taxes. Cannot enter bars or other
- 3:37:26places where they serve alcohol for consumption on the premises.
- 3:37:30Random alcohol and drug testing and expression of the field
- 3:37:34agent follow all the rules relative to that.
- 3:37:36You must not use it possess any control substance unless dually
- 3:37:41prescribed by licensed Physicians.
- 3:37:43No possession of any drug paraphernalia, you can't be
- 3:37:46ironic. Anyone that possesses any
- 3:37:48substance or drug repair. Where to complete any substance
- 3:37:52abuse assessment outpatient or residential substance abuse
- 3:37:55treatment when referred by the agent.
- 3:38:00Or to complete any mental health or other recommended treatment
- 3:38:03following assessment by qualified of Community Based
- 3:38:06service provider. You are to waive confidentiality
- 3:38:08and allowing treatment program to require to attend.
- 3:38:11Disclose that information to the agent.
- 3:38:14Or to comply with the poc's electronic monitoring program.
- 3:38:18No verbal written electronic or physical contact with Cynthia
- 3:38:22Ann Ruth either directly or through another person or being
- 3:38:25within 500 feet of her residence school or place of employment.
- 3:38:29They'll verbal written. Electronic participial contact
- 3:38:32with anyone house with an ndoc facility, Northern State type of
- 3:38:36interaction with anyone that's engaged in the behavior that
- 3:38:38constitutes of violation of any criminal law of immunity to
- 3:38:41government as a family. Now, as a convicted felony, You
- 3:38:46may not you must not possess any object, as a weapon or own user
- 3:38:51have on your controller area control weapon of any type, not
- 3:38:55even an invitation webcam possessed.
- 3:38:57You can't be around anyone that possessed those items.
- 3:39:00You were to contact the supervising field agent.
- 3:39:03No later than the first business day.
- 3:39:04Following your placement on probation or release from jail
- 3:39:07comply with all written verbal orders of the agent.
- 3:39:10Allow your allow the agent into your Residence at any type of
- 3:39:14probation supervision for your subject to a search of your
- 3:39:17person vehicle, or computer home about the needle award at the
- 3:39:21agents reasonable cause, you know, items that violate your
- 3:39:23probation. 20-hour rule will apply regarding any arrests.
- 3:39:27Please contact law, school, employment or change the
- 3:39:30presidents. You are gainfully employed.
- 3:39:33However you are to continue to find and maintain legitimate
- 3:39:36employment with the state of conditions 6.4.
- 3:39:39Chronic victims assessment of 130 dollars.
- 3:39:43Probation supervision fees, 30 dollars per month.
- 3:39:47Electronic 60. Core cost of 500 dollars,
- 3:39:51payable to rate of 25 dollars a month.
- 3:39:54A fine. This matter. 2500 dollars.
- 3:40:09DNA testing fee of 60 dollars, 68 dollars in the state cost.
- 3:40:15Probation is authorizing the power to understand you to
- 3:40:18affect your apprehension. Detention confinement about the
- 3:40:217012 hours on reasonable cause you violated the terms of your
- 3:40:25probation. if refer to our to successfully complete any pa-51
- 3:40:29programming based on eligibility, And you will be
- 3:40:34awarded PA 511 status. And no objection to work with
- 3:40:40these Because You Shall Serve 30065 days in the county jail.
- 3:40:46credit for one day previously served I have no objection and
- 3:40:54the court is the receipt of a letter that was provided.
- 3:40:56This, after this morning, from major, Jason Gould, the office
- 3:41:03of the Genesis County Sheriff Where Reeves to the upcoming
- 3:41:06sentencing? Mr. Gangnam, the office of
- 3:41:09Genesee County Sheriff's willing, to accommodate and
- 3:41:12sentence imposed on him being served at the Genesee County
- 3:41:15Jail. So how you wish to set that up,
- 3:41:18that's fine, but you will be reminded to the custody of the
- 3:41:22sheriff today. Six points is placed upon your
- 3:41:26mask to drive to record Secretary of State program,
- 3:41:29license sanctions and iOS to warnings. you come before the
- 3:41:33court on any probation, violation over the next five
- 3:41:36years, You're going to prison? Do you understand sir?
- 3:41:42Now, I say that but with the understanding that since the
- 3:41:47incident and all the treatment you've done and the alcohol
- 3:41:51sensor devices that were placed upon you, you have, there's not
- 3:41:55even been a blip on the radar screen.
- 3:41:57That needs to continue, not only five years from now, but the
- 3:42:01rest of your life. Because if it doesn't Something
- 3:42:05could happen and it could be much worse as bad enough now.
- 3:42:10The court also takes into consideration.
- 3:42:12The however, I would look at his approach is is demeanor not only
- 3:42:21toward the quarter but most importantly to the victim of
- 3:42:24this case and is frankly and active nutrition.
- 3:42:26So to speak relative to his wishing to reach out to the
- 3:42:31victim to provide her a letter. You're taking it seriously.
- 3:42:36You better take it seriously the rest of your life.
- 3:42:38So my duty to inform you. The right to see clean tool
- 3:42:41heal. If your financial enabled by
- 3:42:43Council girl Choice, call the expense Sorry.
- 3:42:50Okay, what we'll get it for you. Financially able to provide
- 3:42:57Council of your own choice, cordless sacrifice for your
- 3:43:00expense, or to initial to receive questionnaire form.
- 3:43:03Request of these signs of council both of, which must be
- 3:43:06executed under 42 days, Mr. Custom.
- 3:43:16Court had one of the conditions, no contact with the victim, he
- 3:43:19has this letter. How would you wish us to do
- 3:43:21that? It's one of the time.
- 3:43:23I was gonna get How do you feel? We can send this one letter in
- 3:43:30that tip if that's all over the court.
- 3:43:32Order that the one letter is a lot.
- 3:43:34Yeah. She's feral.
- 3:43:44I'm going to give you this letter back and Tennis is he's
- 3:43:49in the back of the courtroom, okay?
- 3:43:52Lieutenant is not only a lieutenant east of jail
- 3:43:54administrator, so he'll be meeting at that time.
- 3:43:57Thank you very much. Just the order one second.
- 3:44:01Just one question in order to actually his being able to go
- 3:44:07into the jail besides that letter, it also needs a
- 3:44:10judgment. I think that they will need for
- 3:44:12will be that'll be prepared to that, okay?
- 3:44:15And then you're having her, he has received it as notice and I
- 3:44:20can do that. Thank you.
- 3:44:21So notice for the rest. Thank you.
- 3:44:24Appreciate the course. Throw up the course of this
- 3:44:27pattern. Of course, today as well.
- 3:44:29Thank you, good luck. Okay, friends.
- 3:44:36Texas, judge Stevens, new contestant.
- 3:44:46Here. This place first time. and it's
- 3:45:09Monday. Far more.
- 3:45:12Sure. I don't.
- 3:45:14Know the sake of like we now call 26 sea on 159.
- 3:45:19The state of Texas versus Alan Moore.
- 3:45:22And you Alan Christopher Moore is right here with Mr. Deisler
- 3:45:26your attorney and the state's attorney.
- 3:45:29Knows does the defendant waive a formal reading at the indictment
- 3:45:33and the arraignment here for the University?
- 3:45:36in some research, this indictment states that honor
- 3:45:40about January 12th of this year. In Jefferson County Texas.
- 3:45:44You committed the third degree, felony of stalking. and that is,
- 3:45:54By sending electronic messages. To another person. and, It was
- 3:46:03done in a fashion that would cause a reasonable person. to
- 3:46:07feel harassed annoyed, alarmed abuse format and embarrassed, or
- 3:46:10offended, either of those are Any collection of those.
- 3:46:20Birds. Would.
- 3:46:23Result in a violation of law, do you understand?
- 3:46:29Okay, your understanding what your charts with fully here?
- 3:46:32Yes, sir. And This is if convicted a third
- 3:46:44degree felony, which means you face a term of not more than 10
- 3:46:48years or less than two years in prison.
- 3:46:50In addition to find me the assessed not to accept 10,000
- 3:46:54dollars. Do you understand the punishment
- 3:46:55range? That's applicable for any such
- 3:46:58cases. This yes sir.
- 3:47:03An agreement has been reached between. your attorney and the
- 3:47:08state where you would be pleading guilty, not found
- 3:47:12guilty. So long as you follow terms and
- 3:47:15conditions of probation, you would be placed them to further
- 3:47:18on a Judiciary probation and with the up to 10 years on the
- 3:47:22lane, find 500 violence. You do well on probation.
- 3:47:26The term of probation gets shortened to one third.
- 3:47:31Three and four years. If I follow this agreement, You
- 3:47:36will have no right of appeal of your case.
- 3:47:38Do you understand? Just how do you plead to this
- 3:47:41chart? So guilty and not guilty guilty,
- 3:47:44right? Are you pleading guilty?
- 3:47:46Voluntarily that is on your own free will and because you are
- 3:47:51guilty. Is there?
- 3:47:54I'll show you what to States exhibit.
- 3:47:56One here. Did you sign that document?
- 3:47:58Voluntarily? Understand it.
- 3:48:00Discuss it with your attorney or the contents?
- 3:48:02All true and correct? Stay exhibit.
- 3:48:05One tendered into yes without objection admitted.
- 3:48:09Among other things, this states that you are mentally competent
- 3:48:12to enter your guilty, plea it's pretty involuntarily made, you
- 3:48:15know what you've been charged with you.
- 3:48:17You ready, you are guilty of the contracts and any lesser
- 3:48:21included. Offenses.
- 3:48:21You were giving up your rights to your child writes.
- 3:48:24The parents confrontation Crossing examination of
- 3:48:26witnesses and totally satisfied with the representation provided
- 3:48:30by your lawyer. All of this is true of States.
- 3:48:33So help you God at the Box. States exhibit.
- 3:48:36One is made a part of their record for all purpose.
- 3:48:41If? You don't challenge possible.
- 3:48:52How's that working out? It's the Lord's blessed me
- 3:48:56another day, so it's That we want to be in there.
- 3:49:00Yeah, it's you know, there's a way to avoid that, you know, Fix
- 3:49:07it. Fix this mess and move on.
- 3:49:10If you ever been convicted of anything before in your life,
- 3:49:12why compose? A I got a completed 2018, ten
- 3:49:16years in front of education for, in this County.
- 3:49:20Yes, a long time ago, sir in this core. it was drugged at
- 3:49:24that court, judge against and I completed it all in 2018,
- 3:50:39He? Was.
- 3:50:44Here. facts are kind of like, 40
- 3:51:12years, such a It's partly set of facts.
- 3:51:20You? What the heck got into you?
- 3:51:27All right. That's this.
- 3:51:28Is bizarre part again by the time it is. an exciting if you
- 3:51:38missed to someone, is going to move them into affection with
- 3:51:43you and go out with you is, is that the way you deal with women
- 3:51:47My God, you supposed to understand how?
- 3:51:53All right, well fix this, this is this, this is a clear mistake
- 3:51:57here. Think that is the way you moved
- 3:52:03a lady novel one and to the ladies and that's not it far
- 3:52:16from a shame on for that. and, this one, this is just don't
- 3:52:27ever do such a thing like this is All right, you've seen states
- 3:52:37exactly one and the states. You're mentally confident.
- 3:52:41Yes, and I'm doing fine these statements that you've signed
- 3:52:47here under oath truth that you are mentally competent to enter
- 3:52:50your guilty. It is freely and voluntarily
- 3:52:52making you know, what you've been charged with you're guilty
- 3:52:55of the time in any less than off.
- 3:52:57Yes, sir included offenses. You were giving up your life to
- 3:53:00a very confrontation cost examination of witnesses.
- 3:53:05Totally satisfied with the workers.
- 3:53:07You take very all of this is true.
- 3:53:09So helping God. Yes, we can stay exhibit one is
- 3:53:13part of the record call purposes percentage.
- 3:53:18There's nothing further. I'm going to follow this
- 3:53:20agreement and but but here's you know, because the one You've
- 3:53:26been on the third before haven't you?
- 3:53:29Well that didn't influence your future actions and decisions
- 3:53:35knowing that that we take crime seriously and you're looking at
- 3:53:41up to 10 years in prison and this one.
- 3:53:47It was against no way to treat a lady. so, you must Verifying you
- 3:53:57a pleading guilty. Voluntarily you were mentally
- 3:53:59competent to do. So, you understand and
- 3:54:01appreciate the consequences of pleading guilty, they're
- 3:54:04sufficient evidence of 40 mistakes exhibit one and get it
- 3:54:08to find you guilty Beyond a reasonable bill.
- 3:54:10But I'm going to follow this agreement and defer any finding
- 3:54:13a deal, you will replace them deferred on a Judicial
- 3:54:16probation. Or 10 years, there will be terms
- 3:54:21and conditions of probation, which are normal and customary.
- 3:54:24Number one, you will have no contact with the victim.
- 3:54:29Absolutely, no, there. Will you Wills?
- 3:54:34in any way, shape or form, otherwise you will complete a
- 3:54:38moral Reclamation Therapy Program which is a good program
- 3:54:42and helps people realize and appreciate the consequences of
- 3:54:48their actions and it's, I'm such as this one.
- 3:54:55Where is clear? This is not only a crime, but if
- 3:55:00poor taste was a continuity, you'd be guilty of that, too.
- 3:55:04That's that's just discussing. It's not dignified to another
- 3:55:11person much less a lady. You fail on this your probation
- 3:55:15could be revoked. You could be then found guilty
- 3:55:17of stalking and sent us up to 10 years in prison.
- 3:55:22How are you going to do? I want to completed all your
- 3:55:26honor. He gets you learn something
- 3:55:31here. There's no way a gentleman
- 3:55:35should. Have that is all.
- 3:55:37Thank you. Okay friends, um reminder join
- 3:55:46us tonight for in the blind 7 p.m.
- 3:55:48Eastern 4 p.m. Pacific I think Barbara dropped
- 3:55:51a link for that recently. So you should have that.
- 3:55:53We're really trying to build out that show and build out that
- 3:55:56channel. So we got a long way to go.
- 3:55:58So all of you who could join us, that would be great.
- 3:56:01It's not court that we do over there.
- 3:56:03But as the name implies we go at the show in the blind.
- 3:56:07We have no idea what we're going to talk about until we go live
- 3:56:09and that's the fun of it. So check it out.
- 3:56:15Yeah, let's let's do the presentation that I promised.
- 3:56:19All of you. Thank you again for all of your
- 3:56:21super Chats on Friday. This is the pets and a few other
- 3:56:25things of TCF. If you listening on the podcast
- 3:56:27side, you can either enjoy the music or you can go to
- 3:56:31youtube.com slash the court slash at the courtroom files and
- 3:56:37check out the visuals there. But that haven't been said,
- 3:56:41let's close out the show, ladies and a gentleman.
- 3:56:45Here's your presentation.