Latest / The Courtroom Files / April 27, 2026 Court Hearings: Judge Prill Sentences Fraudster, West Shuts Down Sovereign Citizen, McBurney Hears Plea + More | TCF Podcast #278

Transcript

April 27, 2026 Court Hearings: Judge Prill Sentences Fraudster, West Shuts Down Sovereign Citizen, McBurney Hears Plea + More | TCF Podcast #278 · The Courtroom Files

• 0:01
  Good morning everybody, it's Monday on TCF Live, good to have
• 0:04
  you all here. My name is Dan Soul, I will be
• 0:06
  your guide through the next three hour journey through
• 0:09
  Courtlandia. Get our day started with
• 0:12
  Magistrate Chisholm in Royal Oak. 23 in the evening, the area
• 0:16
  of Royal Oak, southbound Woodward in Northern Day, and
• 0:23
  instead of getting a ticket for driving without lights, the
• 0:27
  officer gave you a ticket for impeding traffic which doesn't
• 0:30
  carry points, correct? Are you here to accept the break
• 0:35
  that he gave you on the street, or to reject it?
• 0:39
  Accept it. Did you set up the hearing to
• 0:42
  make an explanation, Sir? What was that?
• 0:45
  I'm sorry. Did you set up this hearing to
• 0:47
  make an explanation? Yeah.
• 0:52
  What is that please? I was just driving down the
• 0:56
  Woodward and I guess I had just got stopped, wasn't paying
• 1:02
  attention. I was.
• 1:04
  I literally just pulled out of the the stop the place where I
• 1:08
  was sitting at and lights just weren't on.
• 1:14
  Through the officer gave you the break he did because you have an
• 1:19
  excellent record and that's impeding does not carry points,
• 1:22
  does not appear on your record assembled in violation.
• 1:26
  So you can pay that online or by mail.
• 1:31
  OK. Or at the courthouse counter,
• 1:34
  whatever works better for you. All right, sounds good.
• 1:37
  Thank you. Have a good day.
• 1:38
  Thank you, you as well. This is 26 R row 01575.
• 2:12
  Miss Parker, you recited on the 21st of March for driving on
• 2:15
  expired plates. When did you get?
• 2:19
  When did you get the new plates or tabs?
• 2:22
  I. Recently renewed them.
• 2:26
  I'm not sure if I would be able to give you an exact date and.
• 2:29
  Do you have the new registration with you?
• 2:31
  I do, yeah. I have it.
• 2:32
  I can show it. That in front of the camera and
• 2:34
  then speak in the sound of your voice will make the camera focus
• 2:37
  on you. Yep, this is what this is the
• 2:41
  new registration right here. I can't read the.
• 2:46
  Would you read the first 8 digits in the bottom left hand
• 2:49
  corner? Yes, Sir, that would be O3
• 2:53
  212026. OK, you got on the same day you
• 3:00
  got the ticket. There you go, and.
• 3:06
  When you were stopped, the place were expired.
• 3:09
  Yes, they were. Is there anything you want to
• 3:12
  add to this officer? Like to make a motion to dismiss
• 3:15
  the citation, your honor? Mr. Parker, thanks to the
• 3:19
  officer's motion, the ticket is dismissed.
• 3:21
  You are good to go, Sir. Thank you, Your Honor, and thank
• 3:25
  you, Officer Craig. And you are free to go, Sir.
• 3:45
  Mr. Sinclair. Miss Sinclair, hi, good morning.
• 3:58
  This is 26 R row 01549. This is a ticket that was issued
• 4:03
  on the 20th of March, almost 8:00 in the evening near
• 4:08
  Coolidge and 13 Mile Rd. and right look, you were cited for
• 4:11
  driving on expired plates. When did you get the new plates
• 4:14
  or taps? I got them on 3/20/2026.
• 4:23
  That you were reading from the new registration.
• 4:26
  Pardon. You were reading from a
• 4:28
  document. Yes.
• 4:32
  Can you unblur your background? Yeah, I don't.
• 4:34
  I'm sorry about that. OK.
• 4:41
  Then if you put that in front of the camera and then speak, if
• 4:43
  you say something, the camera will focus on you and we can
• 4:45
  read it. Yep.
• 4:46
  So the date on this one is 3/20/2026.
• 4:51
  Same date as the ticket and when you were stopped the place were
• 4:53
  expired. Yes.
• 4:57
  Is there anything you want to add this matter officer?
• 5:00
  Like to make a motion to dismiss a citation, your honor?
• 5:03
  Thank you, Mr. and Clear. Thanks to the officer's motion,
• 5:06
  this ticket is dismissed. You were good to go, man.
• 5:09
  There's no finer class next to his motion.
• 5:11
  OK. Thank you.
• 5:13
  Thank you. You too.
• 5:35
  Good morning once again, everybody.
• 5:36
  It's TCF live on a Monday. Typical Monday morning, off to a
• 5:41
  slow start. Not many courts up and running
• 5:43
  yet, but that'll change pretty quickly.
• 5:45
  It's nothing and then everything all at once.
• 5:47
  In the meantime, we'll continue to ride with the magistrate.
• 5:50
  1478, said Roman. You recited for speeding back on
• 5:57
  the 16th of March, 17 minutes after 9 in the evening in the
• 6:02
  area of Royal Oak, near Normandy and Brooks.
• 6:05
  The ticket was issued at 30 and a 25.
• 6:10
  You can admit responsibility, you can deny responsibility, or
• 6:14
  you can admit responsibility with an explanation.
• 6:17
  How do you wish to proceed? I admit responsible.
• 6:24
  Did you set up the hearing to make an explanation?
• 6:27
  Yes. And what is that please?
• 6:30
  My explanation is right now I would appreciate a zero point
• 6:37
  with willing to pay the ticket. I've been going through a
• 6:41
  different kind of change right now in my life with working
• 6:44
  two-part time jobs. I got pulled over while working
• 6:48
  for Uber Eats. I was not familiar with the
• 6:51
  Royal Oak area, which I do apologize with with my speeding.
• 6:55
  I've been working on my speeding, but right now working
• 6:58
  with Uber Eats and doing that part time.
• 7:02
  That's what I was doing out in Royal Oak that night.
• 7:05
  Again, I apologize for speeding, but I am working as a part time
• 7:10
  Uber Eats delivery driver right now.
• 7:13
  As I get back on my my feet after graduating from Western,
• 7:17
  I'm trying to keep my car insurance down to keep that
• 7:19
  point away. That's my explanation for you
• 7:22
  today, Your Honor. Really an explanation because
• 7:27
  it's a reason for hearing. Is there anything?
• 7:29
  You want to add to this. Officer.
• 7:32
  I'd like to make a motion to amend to impeding traffic.
• 7:36
  OK, Mr. Grumman, impeding does not carry points with the
• 7:40
  Secretary of State and is not a moving violations.
• 7:44
  So impeding does not appear on your record as a moving
• 7:47
  violation. So unless you object, we're
• 7:49
  going to amend this to impeding, which does not carry points, OK.
• 7:54
  OK, Buying on impeding is 175 which can be paid online or by
• 8:02
  mail, or you can pay it at the courthouse counter if that works
• 8:05
  better for you. It does.
• 8:07
  Thank you. So you were good to go today.
• 8:10
  No points. OK.
• 8:12
  Thank you, Your honor. Thank you.
• 8:13
  Have a good day you. Too, Your Honor, Thank you.
• 8:29
  Citation 26 R Row 01282 Mr. Mayor Grant, if you recited on
• 8:39
  the 6th of March for improper passing Normandy and Edgeland
• 8:43
  area of Royal Oak, you can admit or deny responsibility or you
• 8:47
  can admit responsibility with an explanation.
• 8:51
  How do you wish to proceed? It's kind of like.
• 9:03
  Are you admitting or denying responsibility, Sir?
• 9:10
  I mean, I'm denying responsibility.
• 9:13
  You need to raise your right hands, please, so we can begin
• 9:15
  the hearing. Do you swear or affirm that the
• 9:18
  testimony you're about to give in this matter will be the
• 9:21
  truth? I do, your honor.
• 9:26
  It will be the truth. The officer will testify first,
• 9:31
  please. Yes, Your Honor, on the daytime
• 9:34
  in question, I was parked stationary on Normandy facing
• 9:38
  eastbound near Edgeland when I observed 2 vehicles coming
• 9:42
  towards me on Normandy coming westbound on the one lane
• 9:46
  roadway. The first vehicle slowed just in
• 9:50
  front of me to make a left turn to go southbound from Normandy.
• 9:55
  When I observed the second car in line found to be driven by
• 9:59
  Mr. Ratcliffe, his vehicle was behind the vehicle making left
• 10:05
  turn. As the vehicle in front slowed
• 10:07
  down, Mr. Ratcliffe passed on the right side over the parking
• 10:12
  stalls that were on the side of the roadway and passed the other
• 10:19
  vehicle in front. At this point I turn on my
• 10:22
  lights and I'm trying to get behind the vehicle and performed
• 10:27
  a traffic stop on an issued citation.
• 10:43
  Traffic, that's your turn, Sir. Oh, I was traveling behind the
• 10:48
  car in front of me. I guess it was kind of it was
• 10:52
  missing its turn. It it was, it was, it was
• 10:55
  raining real heavy. It was raining real heavy and it
• 10:58
  was, it was, I guess it was missing.
• 10:59
  It's turning. It stopped, stopped sitting in
• 11:02
  front of me and I was kind of swerved around it, but it was
• 11:06
  turning. But it stopped because it like
• 11:08
  it missed it like it was real raining.
• 11:10
  That's why I wanted the dash Cam or the body Cam footed.
• 11:13
  I asked for those. I have requested those.
• 11:15
  I put that on the thing, but and that's what happened that he was
• 11:19
  sitting right there on the side. If he would have seen that,
• 11:21
  that's what he would have saw. And he didn't pull me over right
• 11:25
  away. It wasn't until like almost over
• 11:30
  a half a mile down when I got pulled over and the and the, and
• 11:36
  the traffic lights will show that.
• 11:38
  I mean the police camera, but it was raining.
• 11:44
  It was raining. But it's the significance of the
• 11:46
  fact that you traveled a half a mile after the infraction before
• 11:49
  the officer stopped you. No, I'm saying he said he pulled
• 11:52
  me over right afterwards. I'm saying he just testified
• 11:54
  that, that he pulled me over right afterward, that he
• 11:57
  initiated his his, his traffic stop right afterwards.
• 12:00
  That that is, is I. Don't believe that he ever used
• 12:03
  the words right afterwards. OK.
• 12:06
  But the bottom line is he's facing One Direction, you're
• 12:09
  facing the other. You were driving, he was
• 12:11
  stationary. He had to make AU turn.
• 12:15
  No, it was passed. He was parked on the side.
• 12:17
  He was parked in the No. I didn't interrupt you.
• 12:19
  Oh, I'm sorry, Sir. I mean, yeah, he where it
• 12:23
  happened at it was. Passed.
• 12:24
  Oh, you're sorry, but you're going to keep doing it.
• 12:31
  The officer was stationary. The events occurred in front of
• 12:35
  him as you were approaching him. He he has to make AU turn to get
• 12:41
  going from facing eastbound to westbound.
• 12:44
  If he stopped you within a half a mile, was it 2800 feet that
• 12:50
  that's no big deal. There's no there would have been
• 12:54
  no reason that he would have lost sight of you in the such a
• 12:57
  short distance. And when he stopped you is
• 13:02
  irrelevant here. He he could have mailed you the
• 13:04
  ticket. He doesn't have to stop you.
• 13:07
  But the bottom line here is you've got the roadway to make
• 13:10
  it to go around a person making a left turn.
• 13:13
  I didn't go around the person they stopped suddenly in front
• 13:16
  of. It was raining, it was raining.
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  They missed. They turned, they was out in the
• 13:20
  middle of the street. I didn't even go around him.
• 13:22
  I just swerved around him, but I didn't go all the way.
• 13:24
  I. Didn't go around him, but you
• 13:25
  swerved around it. You just told me you didn't go
• 13:27
  around them, but you swerved around them.
• 13:29
  I'm talking about. I didn't go all the way around
• 13:31
  in the in the whole. Told me you swerved around them.
• 13:34
  I didn't put those words in your mouth.
• 13:36
  Those are the words. That you said they stopped in
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  front of me all of the sudden stop, they stopped in.
• 13:40
  Front of you swerved around somebody that. 20. 5 Back up.
• 13:45
  Stop talking. I just, I asked where's the
• 13:50
  camera footage at? Can we get the camera for the
• 13:52
  body footage? Who's we?
• 13:54
  I'm talking about the judge. Of course I'm asked.
• 13:56
  I asked for it. It was in my report.
• 13:58
  She wrote it down. You didn't.
• 13:59
  You didn't submit a report. I mean, when I went to sign for
• 14:03
  my ticket down at the courthouse, yes, I did, Your
• 14:05
  Honor. You didn't sign a report.
• 14:08
  I signed for my ticket when I said she wrote it down on.
• 14:11
  There, but you didn't subpoena the records.
• 14:14
  She said I didn't have to. I asked her this.
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  I'm saying I come down to the court.
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  She had testified all this. I asked the lady down there.
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  Who was she? One of the clerks, the clerk
• 14:25
  that worked to the left when you walk into the courthouse, when
• 14:28
  you walk in down there to the pay the tickets to find the one
• 14:32
  right there to the left. She didn't give you any legal
• 14:37
  advice. The advice if she would have
• 14:40
  given it to you, which is illegal for her to do, would
• 14:43
  have been to subpoena. It didn't.
• 14:45
  She said I can get the dash Cam footage but I I wanted the body
• 14:49
  Cam footage too. She said I would have to.
• 14:51
  She gave me a number and said I would have to go for the body
• 14:54
  Cam footage but I wanted the dash Cam footage.
• 14:56
  She said I ain't have to subpoena enough for that.
• 14:58
  All I had to do was ask for it and they were presented at
• 15:01
  court. You drove over the parking
• 15:09
  spaces to get around somebody who stopped on a road where the
• 15:14
  speed limit is 25 miles an hour. Yes.
• 15:17
  And I was going 2520 miles an hour and they stopped.
• 15:20
  They stopped in front of me. It was.
• 15:21
  It was right in real bad. You have interrupted me so darn
• 15:24
  many times it's hard to count. The bottom line is you went
• 15:27
  around somebody you shouldn't have, and that's a ticket.
• 15:30
  That's $130.00 all. Right, I'm going to peel it.
• 15:36
  That's just your right and I wish you well.
• 15:39
  Yes we still I still can't get the the dash Cam footage.
• 15:43
  I can't give you any legal advice either.
• 15:45
  We're done all. Right.
• 15:56
  You hearing a swear to, the swear to and the search warrant,
• 16:03
  Councillor Craig, I think that completes your back.
• 16:05
  Yes, Ronna, thank you. Thank you.
• 16:08
  Let's start with the swear to, OK?
• 16:16
  Are you on the record where? This is 2600644 people of the
• 16:22
  state of Michigan versus Namir Nano you swear or affirm that
• 16:29
  the testimony you're about to give in this matter will be the
• 16:31
  truth. I do thank you back to this case
• 16:35
  or summarize of our. Royal Oak Priest.
• 16:37
  Police report #26-7. 5. 10 Summarize as follows.
• 16:41
  March 19th 2026 officers were dispatched to the South tower of
• 16:45
  William Beaumont. Hospital.
• 16:46
  Located at 3601 W 13 Mile Rd. in the city of Royal Oak, they're
• 16:51
  investigating the domestic assault that occurred.
• 16:54
  They arrived on scene and made contact with mother Bobby Jo
• 16:59
  Thompson and her daughter Syriana Smalley and another
• 17:04
  daughter Layla Thompson. They also spoke with nursing
• 17:08
  staff. They were advised that on March
• 17:13
  19th, several hours before 4:00 PM, Namir Nano showed up to the
• 17:19
  hospital to visit Bobby Thompson.
• 17:21
  He brought along Thompson's two children, Smalley and Layla
• 17:26
  Thompson. On the car ride there, there is
• 17:28
  an argument between Smalley and him and when they got to the the
• 17:35
  room at the hospital they began discussing the argument with
• 17:39
  Bobby and Nano was yelling and screaming about her behavior and
• 17:46
  made the comments that he was going to bash her head in.
• 17:50
  Smalley was on her mother's hospital bed.
• 17:53
  Nano picked up a fan that was in the hospital, held it up over
• 17:56
  his head in advance toward Smalley and Bobby.
• 18:02
  Joe Thompson was able to put her arms up to shield Smalley and
• 18:07
  then also knocked the fan out of his hand on the floor.
• 18:10
  Staff members who had been going out when the mirror was coming
• 18:16
  in realized that there was tension as they heard yelling
• 18:19
  and swearing coming from the the room immediately upon exiting,
• 18:22
  so they stood by in the area. They heard things escalate and
• 18:25
  stopped in and observed the mirror with the fan up above his
• 18:30
  head in a threatening and aggressive manner while the
• 18:32
  children were laying on the bed and sitting in a chair not being
• 18:36
  at all aggressive. He has prior convictions for
• 18:42
  domestic violence out of the 30 7th District Court and warrant
• 18:56
  from October 30th, 2012 and the 43rd District Court in Hazel
• 19:00
  Park from December 13th, 2012. So those convictions there is a
• 19:06
  warrant for you for domestic about salt.
• 19:10
  What is the relationship between the relationship to 90 and
• 19:14
  Smalley Serena Smalley former dating on and off dating.
• 19:20
  Thank you. Records of proofs have been
• 19:22
  placed on the record to support one count of domestic violence
• 19:26
  as a third offense. Probable cause has been shown as
• 19:30
  to the name defendant and muter bomb.
• 19:33
  I do recognize and therefore witness your signature as having
• 19:36
  been fixed to the complaint. You've been signing the warrant.
• 19:41
  He's not in custody now. Isn't he alone?
• 19:46
  You have a search warrant record
• 20:07
  should reflect that the defective speaking was Detective
• 20:11
  Keith Varena. Swear that the information
• 20:19
  contained in the affidavit and support of search warrant is
• 20:22
  true. Okie Dokie as Magistrate Chism
• 21:46
  concentrates intensely on what he is reading.
• 21:49
  I want to take us over to Huron County, say good morning to
• 21:52
  Judge Prill. It's.
• 21:56
  Time and date set for Mr. Nash's sentencing.
• 21:58
  He is present represented by attorney Elizabeth.
• 22:00
  The Weisenbach people are represented by prosecuting
• 22:03
  attorney Timothy Jay Wurkowski. On March 6th, Correction.
• 22:08
  March 2nd this year, the defendant entered a plea of
• 22:11
  guilty to operating while intoxicated.
• 22:13
  Clear Defense. Miss Karen Everland's prepared
• 22:15
  the precept report as dated April 8th of this year.
• 22:19
  Miss Weisenbach gave you and your client had the opportunity
• 22:21
  to do the preception? Yes.
• 22:23
  Is there any additions, deletions, corrections or
• 22:25
  objections? Report No.
• 22:27
  The objection. To the guidelines no.
• 22:29
  Sir, do you agree with that? Yes, you're right.
• 22:32
  Thank you, Mr. Rutkowski, the objection to the report as well
• 22:34
  as that. No, Your Honor.
• 22:36
  Thank you, Miss Weisbach, anything you'd like to say?
• 22:39
  They have declined report reported proposed sentence.
• 22:41
  Thank your honor. Mr. Nash comes before the court.
• 22:43
  He is 61 years old and he does have a smidge of a record on
• 22:47
  everything. Why we are here today is based
• 22:50
  upon alcohol starting in 1984. He died at MIT.
• 22:53
  He was 19 years old. He had a stressful upbringing.
• 22:57
  The court has seen other pieces of this report which I will not
• 23:00
  put on the record with regards to mental health, medical health
• 23:04
  and it is self. Recorded in the.
• 23:06
  PSI when he's upset and stress. That.
• 23:08
  When he turns to the alcohol now, I realize these reports
• 23:11
  from the record is from the 80s and the 90s where there isn't a
• 23:14
  lot of information, but there aren't any notes with regards to
• 23:19
  programs and things that would have been helpful to him.
• 23:22
  And we all know sobriety court didn't exist until fairly
• 23:24
  recently. So sobriety courts is an
• 23:28
  opportunity for him to get a handle on everything.
• 23:30
  So with that being said. He is accepted into the program
• 23:34
  ready to take on that all that is involved.
• 23:36
  He had information for me early on.
• 23:38
  He has talked to friends here 360 he had started.
• 23:42
  A. A. 3 or 360 meetings.
• 23:44
  He's got plenty of doctor's appointments as the court can
• 23:46
  see through the PSI. He is also involved in
• 23:48
  counseling at lists ask the court to follow the
• 23:50
  recommendation. And as the court can see from
• 23:53
  the letter that I submitted earlier with regards to his
• 23:55
  doctor, we appreciate the incarceration being held in
• 24:00
  advance just because it would be extremely detrimental to his
• 24:05
  health and well-being at this point in time.
• 24:07
  But it gives him a chance to start sobriety courts and.
• 24:10
  Get it done. Thank your honor.
• 24:12
  You're welcome, Mr. Nash. Is there anything you'd like to
• 24:15
  say? No, Your Honor.
• 24:18
  No, Your Honor. All right, Mr. Rakowski,
• 24:21
  anything to be happy. Your Honor, we believe the
• 24:24
  report is accurate and we ask you to adopt the
• 24:26
  recommendations. Thank you.
• 24:30
  Well, Mr. Nash, what brought you before the court on a felony
• 24:33
  were prior convictions AT879099 and O2 after O2 relative to
• 24:43
  drinking and driving convictions, there's been
• 24:46
  nothing, which is a good thing. It doesn't excuse the behavior.
• 24:50
  Though in this case. Your blood alcohol at the time
• 24:53
  is a .137. And the bottom line is any
• 25:00
  drinking and driving case, it's just very simple.
• 25:03
  It's one thing to drink, but it's another thing to get behind
• 25:05
  the wheel. And certainly I think you've
• 25:09
  learned that. And what is recommended is I
• 25:14
  think for lack of a better phrase, for the doctor order.
• 25:17
  It's something that is difficult.
• 25:21
  It is not for the weary and it's time consuming.
• 25:25
  However, the results, the possibilities are, are endless
• 25:30
  with the program. Therefore, it will be the
• 25:33
  sentence of this court of the defendant be placed on a term of
• 25:35
  probation for a period of three years.
• 25:38
  Conditions of probation include standard conditions not to
• 25:41
  violate any criminal law with the government not to leave the
• 25:44
  State of Michigan without prior approval.
• 25:46
  Court notifying the probation agents monthly or such times in
• 25:49
  places the agent be required. Obviously no.
• 25:52
  No use for possession of alcoholic beverages or
• 25:54
  toxicants, or entering bars or other places where the primary
• 25:58
  purpose is to serve alcohol for consumption on the premises.
• 26:03
  You must comply with our requirements of alcohol and drug
• 26:05
  testing as directed by the Field Agent.
• 26:07
  Follow all the rules according to that you're not user to
• 26:10
  possess any controlled substance, be around anyone that
• 26:13
  possesses those items, not possess any drug paraphernalia,
• 26:16
  not be around anyone that possesses those items or to
• 26:20
  complete any outpatient or residential substance abuse
• 26:22
  treatment. When referred by the agent,
• 26:24
  including a substance abuse sector were to complete any
• 26:28
  mental health or other recommended treatment following
• 26:30
  assessment by qualified community based service
• 26:32
  provider. You must waive confidentiality
• 26:35
  and allowing a treatment program that provides services for you
• 26:38
  to provide that information to the probation agent.
• 26:43
  We're to comply with the DO CS electronic monitoring program is
• 26:46
  directed by the agent. 480 hours of community service,
• 26:50
  statutorily required will be ordered in this Case.
• 26:53
  No assault or abusive, threat or intimidated behavior.
• 26:56
  You're not having a verbal, written, electronic or physical
• 26:59
  contact with anyone housed within an MDOC facility, nor the
• 27:02
  same type of interaction with anyone that's engaging in the
• 27:05
  behavior that constitutes a violation of any criminal law of
• 27:08
  any government. You're not using the object as a
• 27:11
  weapon. You can't own, use, or have
• 27:13
  under your control weapon of any type, Not even an invitation.
• 27:16
  You can't even be around anyone. That possesses those items.
• 27:21
  Were to contact the Supervising Field agent no later than the
• 27:24
  first business day following your placement on probation.
• 27:27
  Comply with all the written and verbal orders of the agent.
• 27:30
  Allow the agent to your residence at any time for
• 27:33
  probation supervision where you're subject to a search of
• 27:36
  your personal property, including but not limited to
• 27:38
  your home, vehicle or computer without the need of a warrant.
• 27:41
  If the agent is reasonable cause of items that violate the terms
• 27:44
  of your probation. Any arrest or police contact.
• 27:48
  Loss of employment, change of residence to the agent must be
• 27:52
  must be reported that is to the agent within 24 hours.
• 27:55
  You are to notify the agent of of any service of a Personal
• 27:58
  protection order within 24 hours of service.
• 28:02
  You're not to operate a motor vehicle while your driver's
• 28:05
  license is revoked. Secretary of State will take
• 28:07
  appropriate license actions based upon your prior record.
• 28:12
  Prime Victims Assessment of $130.00 will be ordered.
• 28:15
  Probation supervision fee $30.00 per month, Regular 60 electronic
• 28:20
  a fine of $500, payable rate of $20.00 a month.
• 28:26
  Attorney fees are waived, $68 in state costs will be ordered,
• 28:30
  $200 in court costs will be ordered as well.
• 28:35
  You are to comply with Fund Regional sobriety report.
• 28:38
  Pay all fees as required. Abide by all the program rules
• 28:42
  of the program, including any aftercare programming.
• 28:48
  Probation is empowered and authorized under statute to
• 28:50
  affect your apprehension, detention and confinement of up
• 28:53
  to 72 hours. Unreasonable 'cause you violated
• 28:56
  terms of your probation if referred to your to successfully
• 29:00
  complete any PA 511 program and based upon eligibility.
• 29:04
  Finally, you shall serve 330 days in the county jail.
• 29:08
  Credit for one day previously served. 300 and 2090 days are
• 29:12
  remaining, however, they will be held in abeyance that is pending
• 29:18
  successful completion of the TRSC program.
• 29:21
  So that's hanging over your head, Sir.
• 29:23
  And by following the terms and conditions, that is going to
• 29:25
  avoid the possibility of being placed in a county jail or
• 29:29
  frankly, your guideline range here zero to 11.
• 29:34
  So the maximum the court would give would be 330 days in a
• 29:38
  county jail, at least according to the guidelines.
• 29:41
  So follow through with these terms and conditions and I hope
• 29:44
  to see you as a graduate of the program, setting an example to
• 29:47
  all the other participants that not only can it be done, but you
• 29:51
  can be a shining example to them.
• 29:54
  It's my duty to inform you of the right to seek leave to
• 29:56
  appeal if you're financially enabled to provide help of your
• 29:59
  own choice. Corporal assigned counsel for
• 30:01
  your public expense. You are to initial the receipt.
• 30:04
  Questionnaire when requesting. An assignment of Council, both
• 30:07
  of which must be executed Underoath filed with the Court
• 30:09
  of the Court within 42 days. June 22nd is the due date for
• 30:15
  court costs, less the 20% administrative fee.
• 30:44
  Good luck to you Sir. Thank.
• 30:45
  You, Anna, you're welcome. Okie, Dokie.
• 30:49
  Good morning once again, everybody.
• 30:51
  It is TCF live on a Monday. Let's go down to Lake County,
• 30:55
  Ohio, and we'll check in with Judge O'Donnell.
• 30:59
  All right. We're on 23/12/29 Anthony
• 31:05
  Gregorio violation of community control.
• 31:07
  The violations are April 21. Submitted a urine sample other
• 31:14
  than your own. Do you understand that charge?
• 31:16
  Yes, Sir. 2nd submitted a urine screen April 21.
• 31:23
  Positive for cocaine. You understand that charge?
• 31:26
  Yes, Sir. Third self reported crack
• 31:29
  cocaine use since March 25th. You understand that charge?
• 31:32
  Yes, Sir. All right, Mr. Paris, how does
• 31:34
  he want to proceed today? Your Honor, my client would like
• 31:37
  to admit or plead guilty to all three charges.
• 31:40
  Have we heard in litigation only?
• 31:42
  All right, Mr. Gregorio, is that what you want to do?
• 31:45
  Yes, Sir. All right.
• 31:46
  What is your plea to those allegations?
• 31:50
  Guilty. All right, I'll.
• 31:51
  Accept your guilty plea and find your guilty, Mr. Paris, go
• 31:53
  ahead. You know, it's what some some
• 31:56
  true consternation that I find myself here with Anthony and
• 31:59
  Anthonys mom and dad. He was doing well for some
• 32:03
  period of time. He is, he is.
• 32:05
  He has a history of doing well and then falling off.
• 32:08
  Doing well and then falling off. I've known him for decades.
• 32:12
  He's always been a worker bee. He's always the guy that wants
• 32:14
  to do, you know, he can put a path in front of him, he can
• 32:18
  start walking down that path, but he seems to get off it.
• 32:21
  Just too often Today Anthony finds himself sitting in your
• 32:27
  courtroom when quite realistically he would have been
• 32:31
  terminated from probation on the 5th of May.
• 32:36
  I mean, I do this a lot and the court does this a lot.
• 32:39
  You don't really. Judge's feed froze.
• 32:55
  His camera's a little Kitty Wonka.
• 32:57
  So if you'll notice on the right side, there's a little bit of
• 32:59
  the feed that's actually missing.
• 33:01
  So I think they've got some technical issues there.
• 33:03
  They had some the other day as well.
• 33:05
  Let's go. Let's go down to Fulton County,
• 33:08
  Georgia, then, and we'll see what's going on with Judge
• 33:11
  Mcburney this morning. Hang tight here a SEC, all
• 33:16
  right? There we go.
• 33:17
  Come on over to the witness. Stand
• 33:35
  morning, Miss Rivers. Happy Monday.
• 33:37
  Good. Morning.
• 33:38
  Happy Monday. Can you hear me, Judge?
• 33:48
  Yes, ma'am. OK, great.
• 33:51
  Thank you. Let me know when you're ready.
• 34:39
  OK, We'll get on the record then.
• 34:43
  This is state versus Williams, 25 SC 006023.
• 34:49
  Miss Williams is here in court with Miss Wood, and Miss Smith
• 34:53
  is representing the state. Miss Williams, I understand
• 34:56
  you're ready to end your plea in your case, is that correct?
• 34:58
  Let me mute a couple things here.
• 35:04
  OK there. OK.
• 35:13
  Miss Williams, in just a moment, Miss Smith is going to put you
• 35:15
  underoath and then ask you a bunch of questions about your
• 35:19
  case. You need to answer her questions
• 35:21
  truthfully and completely, and also you need to let Miss Wood
• 35:26
  or me know if you've got questions at any time.
• 35:28
  Will you do that? OK, Miss Smith.
• 35:34
  Miss Williams. Please raise your right hand.
• 35:37
  Do you swear? Or affirm that the testimony you
• 35:41
  shall give in the matter currently before this court
• 35:43
  shall be the truth, the whole truth, and nothing but the
• 35:45
  truth. Yes, ma'am.
• 35:46
  OK, you can lower your hand. Please state your true, correct
• 35:49
  and legal name for the court. Hey.
• 35:51
  Trisha Williams, are you at this time taking or under the
• 35:54
  influence of an alcohol, drugs or medicine?
• 35:56
  No, ma'am. And is there any medication that
• 35:59
  you would normally take that you haven't been given today?
• 36:03
  No. How old are you and how far have
• 36:05
  you gone to school? I'm 30I graduated high school.
• 36:08
  I went to West Georgia. Do you understand that you have
• 36:13
  the right to plead either guilty or not guilty to these charges
• 36:16
  and if you plead not guilty or remain silent and you may
• 36:19
  receive a jury trial? Yes.
• 36:22
  You have you didn't understand the question.
• 36:25
  OK, she'll say it again. Thank you.
• 36:28
  Do you understand that you have the right to plead either guilty
• 36:31
  or not guilty to these charges? And if you plead not guilty or
• 36:34
  remain silent, you may receive a jury trial.
• 36:36
  OK, yes. Have you had enough time to
• 36:40
  speak with your attorney about all of the facts and
• 36:42
  circumstances known to you regarding the charges in this
• 36:44
  indictment? Do you need more time to discuss
• 36:48
  your case with your attorney? No.
• 36:50
  And are you satisfied with our services?
• 36:52
  Yes, Council, are you satisfied that your client has a full
• 36:55
  understanding of this proceeding?
• 36:57
  I am. Also, do you waive the formal
• 36:59
  reading of the indictment and any and all defects in the
• 37:02
  indictment for the purposes of this plea?
• 37:04
  Select. Miss Williams, do you remember
• 37:08
  being arrested? I'm sorry, do you remember being
• 37:14
  arrested on these charges? Yes.
• 37:16
  The state is unaware of any outstanding warrants related to
• 37:18
  these charges. Are you or your attorney aware
• 37:20
  of any outstanding warrants? No.
• 37:23
  Do you understand that this is a non negotiated or a blind plea
• 37:26
  and that the state will recommend a sentence to the
• 37:28
  court? Do you understand that the court
• 37:31
  can impose any sentence authorized by law, including any
• 37:35
  higher sentence than that recommended by the court, up to
• 37:38
  the maximum maximum sentence on each charge?
• 37:44
  Do you understand that if you're placed on probation of any kind,
• 37:47
  you cannot violate any criminal laws of any governmental unit or
• 37:51
  any special conditions of probation without being subject
• 37:54
  to revocation for the balance of the sentence?
• 37:56
  Yes. Do you understand that this is a
• 37:59
  guilty plea which is permanently recorded on your criminal
• 38:01
  history? Yes.
• 38:03
  Do you understand that if you're charged with a crime in the
• 38:05
  future that this plea may be used to enhance that sentencing,
• 38:08
  including on a federal case? Yes.
• 38:13
  Do you understand that if you're currently on probation or parole
• 38:16
  that your probation or parole may be revoked based on you
• 38:19
  entering a guilty plea today? Yes.
• 38:21
  Are you a United States citizen? Yes.
• 38:24
  Do you understand that there may be other adverse or unfavorable
• 38:27
  consequences as a result of this guilty plea conviction, just as
• 38:30
  there would be following a conviction from a trial for, For
• 38:34
  example, For example, your guilty plea may affect your
• 38:39
  right to vote, the right to hold public office, the right to the
• 38:43
  right to serve on a jury, the right to obtain a passport, the
• 38:51
  right to receive, possess or transport a firearm, or the
• 38:54
  ability to obtain employment. Yes.
• 38:59
  Do you understand that you waive any and all defenses, including
• 39:01
  any mental health defenses, by entering a plea of guilty?
• 39:04
  Yes. Do you understand about pleading
• 39:07
  guilty? You are giving up the following
• 39:09
  rights. The right to a trial by jury.
• 39:13
  The right to remain silent and not incriminate yourself.
• 39:16
  The right to see and hear the witnesses called to testify
• 39:19
  against you. The right to the assistance of
• 39:21
  counsel, either hired by you or court appointed if you cannot
• 39:24
  afford an attorney. The right to the presumption of
• 39:27
  innocence, which means that the state must prove that you're
• 39:29
  guilty of these charges, be under reasonable doubt.
• 39:32
  The right to testify on your own behalf or remain silent.
• 39:35
  The right to present other evidence of your own and call
• 39:37
  your own witnesses and the right to appeal if convicted of these
• 39:41
  charges after a trial. Council, are you satisfied that
• 39:45
  your client understands that these are the rights that
• 39:47
  they'll be waiving by entering this guilty plea?
• 39:49
  I am Miss Williams, has anyone forced, threatened or promised
• 39:52
  you anything to get you to answer into this guilty plea?
• 39:55
  No, thatsone.net number 25 SC 006023.
• 40:02
  How do you? Plead to Count 1, willful
• 40:05
  obstruction of law enforcement officers by use of threats or
• 40:08
  violence, Count 2, Simple battery against a police
• 40:12
  officer, Count 3, simple assault, and Count 4, criminal
• 40:15
  trespass. Guilty.
• 40:19
  Is this guilty plea freely and voluntarily given with full
• 40:21
  knowledge of the charges against you?
• 40:23
  Yes. Do you understand that you do
• 40:26
  not have a right to appeal directly from your guilty plea?
• 40:29
  But if you believe that there's some type of error in your
• 40:31
  guilty plea, you can apply to the appropriate appellate court
• 40:34
  to request a discretionary appeal.
• 40:37
  Yes. Do you understand that their
• 40:38
  process must be completed within 30 days from today?
• 40:41
  Yes, ma'am. Do you, do you also understand
• 40:45
  that you have only four years from today for a felony charge
• 40:48
  and 12 months from today for a misdemeanor charge to follow
• 40:51
  habeas corpus position challenging the voluntariness of
• 40:54
  this plea? Yes, ma'am.
• 40:58
  Thank you, Miss. William John, At this case we're
• 41:00
  to proceed to trial. The State would show that on
• 41:02
  August 15th, 2024, Officer Weaver, as an officer of the
• 41:06
  Atlanta Police Department, conducted a drop in at 878
• 41:10
  Norwood Dr. SE, I'm sorry, Norwood Rd.
• 41:15
  SE, Atlanta, GA and that's a convenience store that's at that
• 41:19
  location. When the officer did that drop
• 41:21
  in, they saw that the defendant, Miss Williams, was there having
• 41:24
  a conversation with the clerk, Mr. Udin.
• 41:27
  That's UDD. IN at this time Miss Williams
• 41:30
  was asking Mr. Udin can she purchase something from the
• 41:32
  store on credit. Mr. Newton told her that she
• 41:35
  could not at this point. Miss Williams and Mr. Uddin got
• 41:39
  into like a verbal altercation because Mr. Uddin told her she
• 41:42
  could not get those items. At this point, the officer
• 41:45
  intervened and he tried to calm Miss Williams down.
• 41:48
  After trying to calm Miss Williams down, they didn't got
• 41:50
  into a verbal argument. I'm sorry the officer in this
• 41:54
  case and Miss Williams. Miss Williams refused to leave
• 41:57
  the store after the officer told her that she would be issued a
• 41:59
  criminal trespass. She did not leave the store at
• 42:02
  this time. The officer tried to detain her
• 42:05
  and get her to leave the store. At this time, Miss William
• 42:07
  struck the officer in his eye by punching him.
• 42:12
  The officer then called for assistance to the scene.
• 42:14
  While waiting for the other officer, Miss Williams back on
• 42:17
  one of the officer and hit him again multiple times with her
• 42:21
  fist, leaving a cut on his left hand.
• 42:23
  At this time, Miss Williams was placed under arrest for the
• 42:26
  charges we have before us. All this occurred in Fulton
• 42:30
  County. Regarding the offer in this
• 42:33
  case, Your Honor, the State is recommending for Count 1, five
• 42:36
  years to serve 30 days with the balance probated and for Counts
• 42:39
  2 through 430 days to serve to run concurrent with Count 1.
• 42:44
  Regarding the special conditions of probation, the State is
• 42:46
  recommending 40 hours of community service for the
• 42:49
  defendant to stay away from the incident location and for the
• 42:52
  defendant to complete an anger management course.
• 42:55
  The State is not opposed if as I've stated to Miss Wood, if
• 42:59
  Miss Williams, we'll be doing 30 days great or 30 days on the
• 43:02
  weekend. However, it is a recommendation
• 43:05
  for it to be 5 years to serve 30 days and that is all from the
• 43:08
  state, Your Honor. Got it.
• 43:09
  OK. Thank you.
• 43:13
  Good morning, Miss Hardy. Good morning, Your honor.
• 43:18
  Do you have any criminal history information for Miss Williams?
• 43:22
  There are 6 arrest cycles. No felony convictions reported
• 43:27
  on the GCIC. Nothing further to report.
• 43:31
  What's the most recent arrest cycle that you have?
• 43:35
  The most recent is a looks like a criminal.
• 43:44
  It looks like maybe this case, it's a criminal.
• 43:46
  But before this case, there is a an arrest in January of 2024 for
• 43:54
  a possession of marijuana less than an ounce possession, the
• 43:57
  use of drug related objects and it was dismissed.
• 44:00
  OK, but the most recent one is the August 24 arrest.
• 44:04
  Yes, your Honor. All right.
• 44:06
  Thank you so much, Miss Wood. Thank you, Judge.
• 44:10
  So Miss Williams is a lifelong Atlanta resident.
• 44:13
  She's a High School graduate. She also did some college
• 44:16
  credits at Georgia State University.
• 44:18
  Currently, she is thankfully employed.
• 44:20
  She actually has two jobs. She works at Wendy's and she
• 44:23
  also works at the Mercedes-Benz Stadium, Your honor.
• 44:27
  So this at the time of this incident, she was actually
• 44:29
  living near that convenience store.
• 44:32
  She had like AI don't want to say a relation, but she knew the
• 44:36
  clerk. And so it's her position that
• 44:40
  buying stuff on credit was something that she did often.
• 44:42
  I'm not sure if maybe he changed his tune since there was an
• 44:45
  officer staying there. Who knows.
• 44:47
  In any event, she actually after this event, she was 10/13, she
• 44:53
  was hospitalized, she was diagnosed, she has depression
• 44:55
  and bipolar disorder. She does have medications.
• 44:59
  I think that's why she's probably stable now is because
• 45:01
  she's taking her meds. She did send me proof of all of
• 45:03
  this. So I requested the court today
• 45:06
  so that she doesn't get thrown off track with how well she's
• 45:09
  doing. Is that the court considers a
• 45:11
  sense of just five years probation straight on count 1
• 45:14
  and then 12 months to serve concurrent on the three
• 45:18
  misdemeanors. We have no issue with an in your
• 45:21
  management course or the community service hours.
• 45:23
  I would also ask for a condition to be added for take medications
• 45:27
  as prescribed and then I also am asking for first offender
• 45:31
  treatment and a behavioral incentive date.
• 45:37
  All right, Miss Smith, any position on 1st offender?
• 45:43
  OK, Miss Williams, Miss Smith may have asked and I I missed
• 45:47
  it. So you're taking medication now
• 45:52
  and you take it for what? Miss Wood just described the
• 45:55
  depression and the bipolar diagnosis.
• 45:57
  Do you take medicine in the morning or at night?
• 45:59
  I. Take just one day, so early in
• 46:02
  the morning. I try to take it early in the
• 46:03
  morning. OK.
• 46:04
  Did you take it this morning? Yes.
• 46:05
  When you take the medication, does it make you woozy or drowsy
• 46:09
  or out of it? No, OK.
• 46:11
  You feel like you've understood what we've been talking about.
• 46:14
  How long have you been taking that medication for?
• 46:17
  About four months now. OK, five months.
• 46:22
  Yeah, because it's new and different medication or I
• 46:24
  thought maybe I misunderstood. I thought that pretty soon after
• 46:28
  this situation you went and and got some treatment and that
• 46:32
  resulted in in you starting to take medication, which would be
• 46:36
  two years ago. Yeah.
• 46:37
  So after that situation, I went through like the video circle
• 46:41
  online, went through online bullying, like I was going
• 46:43
  through depression. So I went to go check myself in
• 46:46
  the hospital to make sure I was OK.
• 46:49
  So when I did that, that was like a couple months ago.
• 46:51
  I went through all type of stuff I got to put out.
• 46:54
  I was doing stuff just make sure I was OK, like in a stable
• 46:56
  condition. OK.
• 46:58
  So you didn't get the diagnosis and the No, I got it.
• 47:02
  Because of that situation, I never went through that and
• 47:04
  after that everything came out to that.
• 47:06
  The cyber bullying, me losing my job, me losing my apartment, all
• 47:10
  that. You were bullied online or
• 47:12
  someone bullied you. I mean, you were bullying people
• 47:15
  or you were being. Because of the video with me and
• 47:20
  the police officer. Cyber bullied.
• 47:24
  There were, I forgot to add that part.
• 47:25
  There were customers in the store that started taking videos
• 47:28
  as. In a division.
• 47:29
  It's dramatic, This woman's pounding on a police officer.
• 47:32
  So that video went around. Yes, I told.
• 47:36
  I actually told him to record. Oh, you told him to record?
• 47:39
  Yes. OK.
• 47:40
  Yes, but somehow whatever was recorded resulted in you being
• 47:46
  cyber bullied. Yes.
• 47:48
  OK. And it was after all that that
• 47:50
  you then begin to take medication.
• 47:52
  Yes, I, I. Got help, I was trying to see
• 47:54
  what was wrong with me like. Got it.
• 47:56
  OK. Has the medication helped?
• 47:59
  Yes. Good.
• 48:02
  All right. Do you have any questions about
• 48:05
  what we've discussed? What do you do at Mercedes-Benz?
• 48:09
  I'm a vendor, a walking vendor. Like someone who walks around
• 48:13
  one of those things. Hot dogs, peanuts, whatever it
• 48:15
  is, yes. OK.
• 48:17
  Are you going to be able to work there during the World Cup?
• 48:19
  Yes. That'll be exciting.
• 48:23
  Which is more hours, the Wendy's or the Mercedes-Benz?
• 48:27
  Wendy's. Wendy's OK.
• 48:30
  And do you have a stable place to stay now?
• 48:33
  Yes. Your address, yes.
• 48:35
  Is it your place or are you with a relative?
• 48:37
  No, it's my. Place You got your own spot?
• 48:39
  Yes. Do you have anyone who lives
• 48:40
  with you? How long have you had that?
• 48:45
  Since July of last year. OK, so almost a year, yes.
• 48:49
  How long have you been at Wendy's?
• 48:51
  I started in December. OK, what were you doing back in
• 48:55
  July when you got your apartment?
• 48:58
  Mercedes-Benz. Oh, so you've been doing that
• 48:59
  for a long time? Yes.
• 49:01
  I'm a I'm a traveling vendor, so we get to go out of town, we get
• 49:04
  to go places. That's how it's keeping my money
• 49:05
  going. Do you travel with like a team?
• 49:09
  Like if the Falcons are in New Orleans, you go with the Falcons
• 49:12
  go. With five people and we travel
• 49:13
  with a team. So if I'm a vendor at the
• 49:16
  Superdome in Louisiana, I'm annoyed that you're showing up
• 49:19
  because I'm already selling popcorn.
• 49:22
  Why are you at the Superdome? Yeah, because.
• 49:23
  We got a contract. OK, so they let you in.
• 49:26
  It's not like some fight outside.
• 49:27
  Like I'm going to go in and I'm going to sell Atlanta popcorn.
• 49:31
  Why would the Superdome need you there?
• 49:34
  Don't they have enough people who can?
• 49:36
  No. Interesting.
• 49:37
  You'll be surprised. All right.
• 49:40
  Do you travel with Atlanta United?
• 49:42
  Also, how do you get like, if they're going all the way to Los
• 49:45
  Angeles, are you just walking? How do you get there?
• 49:49
  We go to Los Angeles sometimes they might get us a plane
• 49:51
  ticket. Like we went to the Sophie
• 49:53
  Stadium, they got us a plane ticket there and back a round
• 49:56
  trip. And when you were there, you,
• 49:59
  you were a concessionaire. They flew you across the country
• 50:03
  to do that. All right.
• 50:05
  Like, are you there because the players like, no, I want Miss
• 50:08
  Williams to sell to me a hot dog or you're you're selling it to
• 50:11
  fans. Never heard of that.
• 50:15
  Her traveling nurses, but not traveling concessionaires.
• 50:19
  Interesting where you get to see the country.
• 50:21
  The company is called EMS. OK, the Falcons played a game in
• 50:26
  Berlin or something. Did you get to go to Berlin?
• 50:29
  No. All right.
• 50:30
  Just just domestic travel. All right, So did you and Miss
• 50:37
  Wood talk about what first offender is?
• 50:41
  You understand that it's mostly a benefit.
• 50:43
  It means that if I sentence you as a first offender, this is not
• 50:47
  a conviction, meaning you don't have to tell someone you're a
• 50:51
  convicted felon, you're going to be under sentence.
• 50:54
  But if you successfully complete your sentence, then you can have
• 50:58
  all this to move from your record.
• 51:01
  And while you will be on probation, you're not a
• 51:04
  convicted felon. You don't have to tell your
• 51:06
  employer, oh, my status has changed.
• 51:08
  I wasn't a felon, and now I am. Or if you choose to go back to
• 51:11
  school or apply to a different job, you've seen on job
• 51:15
  applications that often asks, are you a convicted felon?
• 51:18
  No. I recently got fired because it
• 51:20
  is. OK, from what job?
• 51:21
  Eclipse. Event.
• 51:24
  What? Eclipse.
• 51:25
  That's a warehouse on Forest Court.
• 51:27
  Oh, and they looked at your criminal history.
• 51:29
  I. Think it's.
• 51:30
  Because it was. Showing as a pending.
• 51:31
  Sure, it was pending. After today, it won't be
• 51:34
  pending. It'll be closed, and it won't be
• 51:37
  a conviction. If I sentence you as a first
• 51:39
  offender, that's good. That's a good thing.
• 51:41
  But I'll tell you, it comes with a risk.
• 51:44
  If you stop taking your medication, something happens
• 51:48
  and you get in trouble again, then you can not only have to
• 51:52
  deal with your new charges, but the state could ask me to revoke
• 51:57
  your first offender status and then I could resentence you
• 52:00
  without a trial because you've already pled guilty up to the
• 52:03
  maximum here, which looks like it could be 8 years.
• 52:08
  I don't think we'll need to do that, but you just need to know
• 52:11
  there's a downside to 1st offender because it's a
• 52:13
  situation that can wipe this clean.
• 52:17
  If we're mistaken about you and in six months you break a police
• 52:22
  officer's nose or something, then we'll have to come back
• 52:25
  here and say we misunderstood what's really going on with Miss
• 52:28
  Williams. She's out there picking fights
• 52:30
  with officers or doing whatever. I don't think that's what's
• 52:34
  going to happen, but you just need to understand that there's
• 52:36
  a downside to 1st offender. You understand understanding the
• 52:40
  benefit of first offender and the risk.
• 52:43
  Do you want to be sentenced as a first offender?
• 52:47
  Yes. Sir, OK, your Wendy's shifts,
• 52:54
  are there days that you have off?
• 52:55
  What days do you work at Wendy's?
• 52:57
  So they they just do it do the schedule every week on their
• 53:01
  own. So some days might be Thursday
• 53:03
  and Friday, some days might be Monday and Tuesday.
• 53:07
  Are there some days you never work with Wendy's?
• 53:10
  I go to work. What I don't mean you don't show
• 53:13
  up, but like they never ever schedule you on a Wednesday or
• 53:17
  it's just random you you find out each week.
• 53:19
  All right, this week is Thursday through Saturday, yes.
• 53:21
  OK. And then Mercedes-Benz is just
• 53:24
  when they're games events. It could be a concert.
• 53:27
  Yeah, it could. Be a concert, a game, a soccer
• 53:29
  game, football, anything. OK, when something's going on at
• 53:32
  at Mercedes-Benz. OK, All right.
• 53:38
  Well, Miss Williams, I find there's a factual basis for your
• 53:41
  plea. Was a bad day for you.
• 53:43
  Not quite sure what snapped, but it ended not well.
• 53:48
  I'm glad no one got too badly hurt.
• 53:50
  I also find that your plea is knowing and voluntary.
• 53:54
  Voluntary means no one's forcing you to enter this plea, but
• 53:57
  you're doing it only after you had time to think about it and
• 54:00
  talk about it with Miss Wood. Do you agree with that?
• 54:03
  And it's a knowing plea, meaning you've understood the things
• 54:06
  we've discussed. Unless you had a question which
• 54:08
  we've answered. Miss Wood, can someone in my
• 54:12
  office sign the indictment for you?
• 54:14
  Miss Smith and Miss Williams, can someone in my office sign
• 54:18
  your name to the indictment indicating you're guilty plea?
• 54:22
  We'll do that. So what I'm going to do is
• 54:30
  sentence, you count one to five years probation, counts 2-3 and
• 54:37
  four will be 12 months probation.
• 54:40
  They'll all run concurrently with each other.
• 54:43
  So it's a total sentence of five years.
• 54:45
  Special condition of probation. Number one is that you're going
• 54:49
  to spend 44 weekends in custody. And for me, weekend means Friday
• 54:57
  through Sunday. But you, I don't mean to
• 55:02
  interfere if you've got something going on at
• 55:06
  Mercedes-Benz because those events are few and far between.
• 55:09
  And so I don't know how far out you can map the schedule.
• 55:14
  But if you want to talk with Miss Wood about that, we could
• 55:17
  get the specific 2 days when you're going to be doing what
• 55:23
  you need to do. And if you can get those dates
• 55:26
  to Miss Woods, you can get them to me and we'll take care of
• 55:29
  that. You'll need to stay away.
• 55:31
  Do you still live near this convenience store?
• 55:35
  No, I move. Great.
• 55:36
  So you need to While you're on sentence, you'll need to stay
• 55:39
  away from the convenience store. You'll need to complete 40 hours
• 55:44
  of community service in the first six months of your
• 55:47
  probation. You'll also need to take an
• 55:50
  anger management course within the first six months of your
• 55:54
  probation. And it's a condition of your
• 55:56
  probation that you take any medication that a doctor's
• 56:00
  prescribed. So if your doctors are saying
• 56:03
  this is good to keep you stable, you don't get acquitted because
• 56:06
  you don't like it, You should go talk to your doctor to say, hey,
• 56:08
  I need a different prescription because it makes my head feel
• 56:11
  funny or something. But don't stop taking it.
• 56:14
  I'll also set what we call a behavioral incentive date of
• 56:18
  April 28th, 2028. That's two years from now.
• 56:23
  If you are doing a OK on probation and it sounds like
• 56:27
  you're in good space and so this is not going to be a challenge
• 56:31
  for you. But if we get 2 years down the
• 56:33
  road and you'll have already done your community service,
• 56:36
  you'll have already done your anger management, If probation
• 56:40
  is saying man, Miss Williams, all we do is call her and say
• 56:42
  you're good. She says I'm good.
• 56:44
  Then they can petition to have your case closed out three years
• 56:48
  early. All right, so I know you are not
• 56:53
  excited about going back into custody.
• 56:55
  I'm trying to strike the right balance between what I think is
• 56:58
  a reasonable recommendation from the state and the fact that this
• 57:02
  was a year and a half ago and you've done great since then.
• 57:06
  And so I'm, I'm splitting the difference a little bit and
• 57:11
  setting that behavioral incentive date to encourage you
• 57:13
  to keep doing the great stuff you're doing.
• 57:15
  OK Do you have any questions about any of that?
• 57:19
  All right, Miss Wood, I don't know if Miss Williams preserved
• 57:23
  her final plea rights, but why don't you 2 talk just to see if
• 57:27
  she's got a concern about this and to see if she's able to.
• 57:32
  You can check your phone, whatever you need to do, figure
• 57:34
  out where are some 2 day periods and I'll be clear, it's just a
• 57:39
  total of 8 days. You may look at your calendar
• 57:41
  and say, what the heck, can I just do 8 days in a row?
• 57:44
  So just go in once and get out. I'm not requiring it that way.
• 57:48
  I do weekends because you were describing you're a busy
• 57:52
  employed professional and so I don't want to interrupt that.
• 57:56
  And so the fall back is usually, well, it's Friday night through
• 57:59
  Sunday night. But you, your version of a
• 58:02
  weekend could be different because of the work you do.
• 58:05
  OK, So talk with Miss Wood about two things just about this
• 58:08
  sentence. Make sure you understand and
• 58:10
  want to go forward with it. And then two, if you're able to
• 58:14
  identify the dates, we can just bake those right into the
• 58:17
  sentence. OK.
• 58:19
  All right. Is that Miss Ballard?
• 58:23
  No. OK.
• 58:28
  All righty friends, let's go a little deeper South now, into
• 58:32
  Florida. Check in with Wade Mercer.
• 58:35
  Morning Miss Johnson. You're here for first
• 58:36
  appearance. You've been accused of 1 count
• 58:38
  of child abuse, ma'am. There is probable cause for the
• 58:40
  charge in the complaint. Miss Johnson, I think you're
• 58:43
  entitled to a bond on that charge.
• 58:44
  The problem is, it looks to me like you're on state probation
• 58:47
  for an arson case. Are you still on state
• 58:50
  probation, ma'am? Yes.
• 58:52
  OK, so I'm. Going to listen to the attorneys
• 58:54
  on the bond, then we'll go from there.
• 58:56
  Mr. McDaniel, anything I don't, you know, just just taking
• 59:01
  account. It's a 15 year old boy and you
• 59:04
  know, and that's the only thing I can.
• 59:06
  Thank you, Mr. Mitchell. Nothing at this time, Your
• 59:11
  Honor. We would just request the hold
• 59:13
  for seven days to get a VOP warrant if there isn't one out
• 59:16
  there. I haven't checked.
• 59:18
  So, Miss Johnson, I'm going to set your bond at $5000 cash or
• 59:21
  surety. Ma'am, I'm on the new charge,
• 59:23
  but I'm going to hold you for seven days with no bond.
• 59:26
  And let me tell you why. I'm going to ask Mr. Mitchell
• 59:28
  notify the probation office of your arrest.
• 59:31
  They will then present a warrant, most likely to Judge
• 59:33
  Garcia. Judge Garcia will probably read
• 59:35
  the complaint in this case. And Judge Garcia will be the
• 59:38
  judge to decide if you get a bond in the VOP or not, or if
• 59:41
  there is going to be a VOP. Most of the time, VO PS don't
• 59:46
  get a bond if it's based upon a new charge.
• 59:48
  But as Mr. McDaniels pointed out, this is a, it's not the
• 59:53
  strongest case in the world. It's it's, it's there's enough
• 59:56
  for probable cause, but it'll be Judge Garcia's call to decide
• 59:59
  what to do with it. Based on what's in that
• 1:00:01
  complaint, so you I'll see you again in seven days and we'll
• 1:00:03
  see if there's a warrant if there's no.
• 1:00:05
  Warrant. Then I'll release the hold on
• 1:00:07
  you. You'll be free to post the bond
• 1:00:08
  in the new case and you can be released if there is a warrant.
• 1:00:11
  We'll have to see if it has a bond on it.
• 1:00:12
  Your warrant from your bond from today, we'll have a condition,
• 1:00:16
  no contact with your son, at least for the time being, the
• 1:00:19
  alleged victim. So we'll see if they get a
• 1:00:21
  warrant or not. Do you have any questions,
• 1:00:22
  ma'am? No, Sir.
• 1:00:24
  All right, man, We'll see you in seven days.
• 1:00:27
  We'll come back. Just let me remember, please.
• 1:00:30
  Say you're on. I think today's cut off to the
• 1:00:33
  5th, so if we wanted to go ahead and give her the May 5th date
• 1:00:37
  for the new law charge, we can add the VOP on at a later date.
• 1:00:42
  Is there any realistic chance the state's gonna have done
• 1:00:45
  anything by May 5th? I'm sending an e-mail right now
• 1:00:48
  to let them know. Mr. McDaniel, what do you
• 1:00:50
  prefer? 5th, I think Judge Garcia, look
• 1:00:52
  at it, it's on that docket. Let's go ahead and give her a
• 1:00:54
  notice for May 5th. Then, even though the state may
• 1:00:57
  not have charged you by the end, that's a really quick That court
• 1:01:00
  date is next Tuesday, so I don't know that I'll be charged by the
• 1:01:03
  end, but at least you'll be in court trying to get the case
• 1:01:05
  moving. OK, ma'am.
• 1:01:08
  So I'll see you on Monday, then Judge Garcia will see you on
• 1:01:10
  Tuesday. And Corporal?
• 1:01:27
  Yes, Sir. That's everything I had on my
• 1:01:29
  list. Anything else out there?
• 1:01:31
  No, Sir. All right, we appreciate it.
• 1:01:35
  How odd a fairly short Monday for Judge Mercer generally have
• 1:01:39
  the whole weekends full of full of bad decisions he has to deal
• 1:01:44
  with. Let's let's head W to Judge W
• 1:01:48
  because Judge West is the best. Good morning.
• 1:01:57
  You're Regina Williams Jones and Miss Williams Jones.
• 1:02:00
  And you've been here, it looks like, before in cause #25 DCCR
• 1:02:05
  1430. And now there's also another
• 1:02:08
  offense that was indicted in cause #26 DCCR 0218.
• 1:02:13
  And that offense, you're also charged with the same thing,
• 1:02:16
  theft of property with previous convictions.
• 1:02:19
  And so since you've made bond in each of your cases now, have you
• 1:02:21
  had an opportunity to try to hire a lawyer, Your Honor?
• 1:02:25
  How many I'm appointed and and it had me had it as when the
• 1:02:31
  designation died. I think maybe because the second
• 1:02:33
  case kept filed, but maybe, maybe, maybe what's back on the
• 1:02:37
  designation. But I had I had an announcement.
• 1:02:40
  On my she qualified she. Hadn't.
• 1:02:42
  Qualified. I don't know.
• 1:02:43
  I just had an announcement. I had.
• 1:02:45
  I just talked to her this morning.
• 1:02:45
  I hadn't talked to her so I'm not sure.
• 1:02:47
  Let me look at the 25 case. I just had it passed.
• 1:02:59
  She's qualified. I'm not sure why that.
• 1:03:01
  One. OK, well I just talked to her
• 1:03:03
  this morning that next time. Sure.
• 1:03:04
  So. That's fine.
• 1:03:06
  So, Miss Williams, once you bond out of jail that I expect you to
• 1:03:09
  try to hire your own attorney. And so you were here before and
• 1:03:13
  given some time to do that, correct?
• 1:03:17
  And did you hire him or you? Not yet.
• 1:03:19
  I have to only for my chick to come and get those secures.
• 1:03:23
  OK. If you get Social Security, you
• 1:03:26
  are likely would qualify for a court appointed lawyer.
• 1:03:29
  Do you want to you you're fine with that.
• 1:03:33
  So I'm going to find that you qualify for a court appointed
• 1:03:36
  lawyer. Mr. Parker will remain your
• 1:03:38
  attorney. We are going to go ahead and
• 1:03:40
  reset your case. If you'll step in front of the
• 1:03:42
  clerk, she'll give you his information so you can call him
• 1:03:45
  and make an appointment to go visit my Thank you, ma'am.
• 1:03:47
  Yes, ma'am. Thank you.
• 1:03:49
  You're welcome. Thank you, ma'am.
• 1:03:53
  Nasir Brown, good morning.
• 1:04:11
  Are you Nasir Brown? Special.
• 1:04:15
  Pants. I'm sorry.
• 1:04:17
  Speak up so I can hear you today.
• 1:04:18
  You're appearing here today. I have special pants.
• 1:04:22
  OK, what is your name? Third party intervened.
• 1:04:26
  Artificial. OK, at one point in your, at
• 1:04:34
  some point in your life prior to being this third party, were you
• 1:04:38
  Nasir Brown? No, you're not him.
• 1:04:41
  Third party intervened. So here's the thing.
• 1:04:44
  If you don't tell me your name, I'm going to put you in custody.
• 1:04:46
  If you're not cooperating this morning, I'm not going to hold
• 1:04:49
  on. I understand what you're doing
• 1:04:51
  and what you're trying to do. It's not going to help you a
• 1:04:54
  single bid in court to try to play these games.
• 1:04:58
  So are you Nasir Lewis Brown or have you been him at some point
• 1:05:03
  in your life or not? OK, so I'm going to call you by
• 1:05:08
  Mr. Brown because I'm not going to say all the words that you
• 1:05:10
  just said because you have now identified yourself as Nasir
• 1:05:14
  Lewis Brown. And so Mr. Brown, this is Nope.
• 1:05:17
  Listen, this is your initial appearance and you have two
• 1:05:20
  cases and clause #26 I just asked you not to speak over me.
• 1:05:25
  So here's the thing, Mr. Brown, I'm going to be very patient.
• 1:05:28
  Subject. Manager jurisdiction pulling on
• 1:05:31
  record. Your challenge of the subject
• 1:05:34
  matter jurisdiction is overruled.
• 1:05:35
  Let me go through what I need to go through.
• 1:05:37
  OK, so this is your initial appearance, your first day for
• 1:05:41
  it. I'm required to go through what
• 1:05:42
  you're charged with by indictment and cause #26.
• 1:05:46
  BCCR 03322. You're charged with a third
• 1:05:50
  degree felony offense of assault, family violence by
• 1:05:53
  impeding breath or circulation from February 16th of 2026.
• 1:05:59
  And then in cause #26 DCCR 0323 you're charged with the state
• 1:06:15
  jail felony offense of injury to a child, and that's from
• 1:06:18
  February 16th of 2026. And so since you have made bond
• 1:06:24
  and got out of jail on your cases, have you had an
• 1:06:26
  opportunity to try to hire a lawyer?
• 1:06:30
  Speak up so I can. It's been up and down.
• 1:06:33
  OK, so here's what I'm going to do.
• 1:06:35
  Mr. Brown is I'm just like everyone else.
• 1:06:37
  I'm resetting your case about 30 days to give you some time to
• 1:06:40
  try to hire a lawyer. You need to try to get someone
• 1:06:43
  hired before the next court date.
• 1:06:44
  If you do, just bring the reset notice that you get today to
• 1:06:48
  that lawyer and they'll tell you what to do.
• 1:06:50
  If you're unable to hire someone before the next court date, then
• 1:06:53
  I'm ordering you to visit with at least three lawyers.
• 1:06:55
  They all charge different amounts to have different
• 1:06:57
  payment plans. Bring me back the names of the
• 1:07:00
  lawyers that you've talked to. So I know you're trying, and
• 1:07:02
  we'll discuss your options. If you don't do that, then when
• 1:07:05
  you come back, you run the risk of me raising your bond for not
• 1:07:08
  following that court order, and you would go back to jail.
• 1:07:11
  Do you understand? I'm sorry.
• 1:07:14
  Overstay. Overstay.
• 1:07:17
  You overstand. OK.
• 1:07:19
  What does that mean? Overstay.
• 1:07:22
  Do you understand what I'm saying, Sir?
• 1:07:24
  I'm. Black.
• 1:07:27
  You'll oblige you just determined to use different
• 1:07:32
  words than and be difficult, aren't you?
• 1:07:35
  Okay. So as a condition of your bond,
• 1:07:39
  did you have a condition that you were not to have any contact
• 1:07:43
  or communication with the complaining witnesses in each of
• 1:07:45
  these cases, Right. OK.
• 1:07:47
  And so I want to make sure you understand the importance of
• 1:07:50
  that and that if you do have any contact or communication with
• 1:07:53
  either of them, it would be a violation of that bond
• 1:07:56
  condition. If I find out your bond would be
• 1:07:58
  raised and you would go back to jail.
• 1:07:59
  Do you understand that as well? You overstand.
• 1:08:04
  I'm going to guess that overstand is even better than
• 1:08:06
  understand. So you definitely know what I'm
• 1:08:07
  talking about, right? So we don't have any
• 1:08:10
  miscommunication today. You know exactly what I'm
• 1:08:12
  talking about. So I'm going to have you step in
• 1:08:14
  front of the clerk. You're going to sign a reset
• 1:08:16
  notice so you know when to be back in court and take care of
• 1:08:19
  those things before the next court date, right?
• 1:08:21
  Step in front of the party. Entering hour 2 here at TCF
• 1:08:27
  Live. I'm the corporate fiction known
• 1:08:29
  as Dan Sole. It's good to have you all here
• 1:08:32
  with me today. We'll keep an eye on Judge
• 1:08:35
  Westcourt. Let's go back up to Michigan.
• 1:08:36
  New contestant in front of Judge Pearl. 2 files 237014 and 7050
• 1:08:47
  time of day set. For.
• 1:08:48
  Probation violation sentence. The defendant is represented by
• 1:08:56
  attorney Kyle T O'Mara. Obviously.
• 1:08:59
  Mr. Stone is. Present in the 4:40. 8.
• 1:09:03
  File. We have an Assistant Attorney
• 1:09:06
  General, Sarah Brenner, and in the 15th file Prosecuting
• 1:09:10
  Attorney Timothy J Rakowski appears.
• 1:09:13
  The defendant previously entered a no contest to the violation of
• 1:09:17
  probation as Mandy Alexander has prepared an updated probation
• 1:09:21
  violation report dated. April. 6th of this year.
• 1:09:25
  Mr. O'meara, have you and your client had the opportunity to
• 1:09:28
  review the repeal? Yes, Sir.
• 1:09:29
  Are there any additions, deletions, corrections or
• 1:09:31
  objections? None here.
• 1:09:33
  You agree with that, Sir? Yes, Sir.
• 1:09:36
  Any objections? Miss Brenner?
• 1:09:38
  No, Your Honor. Mr. Rykowski, any objections?
• 1:09:41
  No, Your Honor. Mr. O'meara, anything you'd like
• 1:09:44
  to say to that? Yes, Your Honor, I know.
• 1:09:47
  You are aware of of. Mr. Stone's case history was
• 1:09:53
  previously participating in the In Court Drug Court program.
• 1:09:59
  Mr. Stone has, certainly. Had his ups and downs.
• 1:10:02
  I will say that gentleman standing before you today is is
• 1:10:08
  much improved from where he was when this court first put on.
• 1:10:13
  He seems to have genuine insight and it is relationship with
• 1:10:16
  drugs and alcohol. Obviously he's had several
• 1:10:19
  violations, including violations before the court today, but he's
• 1:10:25
  employed, he has stable housing. He.
• 1:10:30
  Has turned things around. I've reviewed the recommendation
• 1:10:36
  and reviewed with my client. Mr. Stone is asking the court to
• 1:10:40
  consider allowing him one more chance to continue our location.
• 1:10:45
  He feels what he just told me, judges, is he wants to make us,
• 1:10:52
  those of us that that have formerly been on the team for
• 1:10:54
  the treatment court, he wants to make us proud, which I think
• 1:10:58
  really does give insight into his state of mind.
• 1:11:03
  So I understand the recommendation.
• 1:11:04
  I understand the reason behind it, primarily due to Mr. Stone's
• 1:11:09
  track record while on probation. But he's asking the court to to
• 1:11:13
  allow him to, to stay on probation and get one more
• 1:11:15
  chance. Wasn't that technically, Well,
• 1:11:17
  it's really the discretion of the court here, correct?
• 1:11:21
  I mean, they're not recommending prisons.
• 1:11:22
  They're not recommending anything other than even
• 1:11:25
  specifically to the discretion of the court.
• 1:11:29
  Recommendations for straight straight jail time, your Honor
• 1:11:31
  and unsuccessful discharge. And even though this wasn't no
• 1:11:39
  contest, I believe Mr. Stone wants to to dress the court.
• 1:11:45
  I'm a little nervous, but I remember I.
• 1:11:49
  Would be nervous too. I remember sitting in jail
• 1:11:52
  writing a letter to you guys begging to be on the TRC
• 1:11:56
  program. I was like, this is what I need
• 1:11:58
  to change my life. My whole life growing up as a
• 1:12:01
  child, I watched. I watched my parents drink.
• 1:12:05
  Themselves like that. And so when I finally got the
• 1:12:10
  opportunity to go on the part, the TCR.
• 1:12:13
  Program. Everything was going great.
• 1:12:16
  You know, I got out of jail. I was involved with the recovery
• 1:12:21
  community. Then when our program got
• 1:12:26
  switched over to Pascola, well, everything was still going good.
• 1:12:32
  Then I started. I got a girlfriend.
• 1:12:36
  Well, I didn't. I wasn't transparent to the
• 1:12:38
  court about it. And this is what I think that
• 1:12:41
  led up to the game, came out of the program is I lost a trust of
• 1:12:46
  trust of this Gearhart judge. Gearhart.
• 1:12:49
  Judge Gearhart, she's probably I wasn't transparent about the
• 1:12:55
  relationship and she had told me she heard from the recovery
• 1:12:59
  world that the girl I was seeing it was no good and that her
• 1:13:05
  brother and her husband were incarcerated for drugs and all
• 1:13:10
  possible whatever the case might be.
• 1:13:13
  So she said I exhausted her efforts.
• 1:13:17
  I also have a violation to go with that scenario.
• 1:13:21
  But she kicked me off the program and.
• 1:13:31
  It would have turned out different.
• 1:13:34
  Anyhow, I have done a lot of positive things since off of its
• 1:13:43
  CRC program. I hope my little brother get
• 1:13:47
  sober. I got him in the Sacred Heart.
• 1:13:49
  They wouldn't take him because it wasn't helping us.
• 1:13:51
  I had to find him a liver doctor, then somewhere else to
• 1:13:55
  go and now he's actually doing really good.
• 1:14:06
  It's OK, take your time. I know I got everything I want
• 1:14:09
  to say coming at me. I want to.
• 1:14:11
  I understand. So there was a.
• 1:14:15
  Point in time on the TSB program where before I had a license or
• 1:14:19
  anything, I would ride my bike all the way from Maddox to
• 1:14:24
  Deckerville just to get the box. Then, you know, like the
• 1:14:29
  negative feed I got from that, from my recovery friends, like
• 1:14:34
  that's craziness. I didn't realize how crazy that
• 1:14:37
  was until I'm actually riding a bike through the rink 50 miles
• 1:14:41
  one way. So I just quit that.
• 1:14:43
  Everyone who was against it, like, oh, don't just quit it.
• 1:14:46
  But I made it through it and it was a lot of psychological
• 1:14:50
  effects that I had to deal with with just quitting.
• 1:14:54
  Thought I was doing the right thing.
• 1:14:56
  I made it through it. Then when I got this false out
• 1:14:59
  of it for methamphetamine and amphetamines, I was like I'm
• 1:15:04
  just trying to quit my medicine and I didn't want to apologize
• 1:15:09
  to my girlfriend for all the defects and characters of the
• 1:15:13
  medicine that I quit taking because it was hard.
• 1:15:16
  For. The last two months being out
• 1:15:18
  there, but now that I feel like I'm getting back together, I
• 1:15:25
  come up on my one year anniversary at work tomorrow.
• 1:15:28
  All the guys I work with, they they're in my same.
• 1:15:36
  Workforce. They've been there for 20-30
• 1:15:38
  years. They all love me and trust me,
• 1:15:42
  you know, and they took me in as well.
• 1:15:45
  But I'm just, I stay around good people.
• 1:15:48
  Today I'm trying to build this a home out in Candy.
• 1:15:55
  I was hoping that a probation officer would come out there to
• 1:15:58
  do a home business because she had scant and the house was.
• 1:16:02
  Horrible. I wanted to show her the
• 1:16:04
  improvements that I've been doing on it, that I've been
• 1:16:07
  tethered in home all the time. They're doing a lot of work on
• 1:16:11
  that for us. At the end of the day, I just
• 1:16:16
  wanted to make you guys proud that I wanted to turn my life
• 1:16:18
  around. Anything.
• 1:16:22
  Else thank you. Miss Brewer, Anything on behalf
• 1:16:27
  of people. Your Honor, as far as with the
• 1:16:30
  Child Support case, he's made really good progress at keeping
• 1:16:33
  employment and paying towards that consistently to support his
• 1:16:37
  children. So as far as that side goes, I'm
• 1:16:41
  satisfied and I think it's it's good for his kids to have that
• 1:16:45
  consistency coming through. I'll leave it to the court's
• 1:16:48
  discretion, but I would probably lean towards a green with the
• 1:16:51
  fence that to continue him on probation at this point would be
• 1:16:55
  better because then he can continue in his recovery
• 1:17:00
  hopefully and continue his employment and providing for his
• 1:17:03
  kids. Thank you, Miss Brock.
• 1:17:06
  Mr. Rakowski, Mr. Stone's in front of you because of the
• 1:17:10
  violation that's the court's going to sentence him on, he
• 1:17:14
  said Other violations in the past.
• 1:17:16
  I say that, though, just to point that out, that this is
• 1:17:19
  what the court's going to be doing.
• 1:17:20
  However, I totally agree with Mr. O'Mara.
• 1:17:25
  You know, if we went back two to three years and you had Mr.
• 1:17:28
  Stone in front of you, which you had, he would hardly want to say
• 1:17:31
  anything. He was very to himself.
• 1:17:35
  The program, although he didn't successfully complete it, he did
• 1:17:39
  well, he really did. He, as he talked, talked about
• 1:17:42
  the job. If I remember correctly, I
• 1:17:45
  believe at one point in time he rode from Ugly to Bad Axe or
• 1:17:48
  vice versa to just go to work on a bicycle, you know, until he
• 1:17:52
  got his license. He got his license.
• 1:17:54
  He's making progress. Yeah.
• 1:17:57
  You know, with these kind of programs that he was in, there
• 1:18:00
  are times where the court's going to have to deal with
• 1:18:03
  relapses or or circumstances like this.
• 1:18:06
  But we ask you to consider what Mr. Romero said.
• 1:18:09
  Continuum on probation is doing well.
• 1:18:12
  He's asking for that, as he mentioned about a job, I think
• 1:18:16
  this is his might have a second job from what he had when he
• 1:18:19
  started the program, but he better himself.
• 1:18:22
  That's why he left the one job to get another job.
• 1:18:24
  So he is working on trying to improve his life.
• 1:18:27
  I think we should look at that in the positive nature that it
• 1:18:32
  is. He's accepted the fact that this
• 1:18:37
  relationship he had wasn't honest with the court.
• 1:18:40
  It's really what it boils down to, and I think from what he
• 1:18:43
  said today, he realizes he needs.
• 1:18:45
  To be honest. With his probation officer now
• 1:18:48
  so that we can make sure that he can be successful and by him
• 1:18:52
  being successful with his children, with the community, it
• 1:18:56
  just makes us better. So we ask to adopt the
• 1:18:59
  recommendations of Mr. Romero May.
• 1:19:04
  How often does that happen? That might be the first time,
• 1:19:07
  Your Honor, let's be honest. But that's one way of looking at
• 1:19:11
  it. Here's the other way of looking
• 1:19:12
  at it. Ace technical violation.
• 1:19:15
  One way of looking at this is, you know what, you've had the
• 1:19:17
  opportunity. We're just going to throw away
• 1:19:19
  the key. You're done.
• 1:19:21
  That's one way of looking at it. And the court can certainly do
• 1:19:24
  that. Mister Rykowski hit it on the
• 1:19:26
  head. And I think this is Brenner did
• 1:19:28
  and Mr. O'Mara. But when Mr. Rykowski said, when
• 1:19:31
  you first came in here, very quiet, very subdued, and now
• 1:19:36
  you're speaking and, and I give you credit for speaking, you
• 1:19:40
  said you were nervous, but it sure didn't show when it came to
• 1:19:43
  speaking from the heart. And that means something.
• 1:19:49
  That means a lot. One thing you don't do, though,
• 1:19:52
  is you don't play hide the ball with the court, namely Judge
• 1:19:56
  Gerhardt, that you understand what that program is about.
• 1:20:01
  And you understand how truthfulness is the absolute
• 1:20:04
  requirement when it comes to being in a program like that.
• 1:20:08
  And sadly, she had to pull pull you out of the program, but it
• 1:20:13
  was based upon your behavior is, is what happened.
• 1:20:17
  So the question is after you're out of the program, what is the
• 1:20:24
  behavior now moving forward from that point moving to today?
• 1:20:31
  And it could have been I'm just going to go on a Bender.
• 1:20:35
  I'm going to do whatever I want. I'm going to quit my job.
• 1:20:38
  I'm just going to run the roads. I'm going to do whatever.
• 1:20:42
  But you didn't do that. And I mean when you see the
• 1:20:47
  recommendation of prison term of being appropriate recommendation
• 1:20:50
  all three of the defendants files it says in the in the in
• 1:20:56
  the summer. So to hear not only your and I
• 1:21:03
  would fully expect your attorney to be your head.
• 1:21:05
  But if you're but he's not pulling anything out of the air
• 1:21:10
  to make you look good. You did that.
• 1:21:14
  It's genuine, and to hear Miss Brenner and to hear Mr. Rykowski
• 1:21:18
  say the same thing goes a hell. I'm sorry.
• 1:21:22
  Actually. Act of a long way, but I'm human
• 1:21:26
  too, right? We're all human here at this
• 1:21:28
  point. We all have our our problems, we
• 1:21:31
  all all have our issues. But you're taking full by the
• 1:21:35
  line. I'm impressed.
• 1:21:39
  I'm just going to say that I'm impressed because frankly
• 1:21:42
  speaking, the idea here was we're just going to say go to
• 1:21:45
  the jail, you're done. It's not going to do that.
• 1:21:50
  You have paid on your on your restitution relative to the
• 1:21:53
  support file and VOP you're working on that as well still
• 1:21:58
  gainfully employed and as a result here the courts
• 1:22:03
  recommended that basically the summary of the court is we're
• 1:22:06
  just simply. Continuing you on probation.
• 1:22:08
  No further obligations. Don't come before the court on
• 1:22:12
  another violation. This is your opportunity to show
• 1:22:16
  everyone that you have the the ways and the means to do this
• 1:22:22
  directly and be an example for other people because people are
• 1:22:26
  looking at you and they're saying, well, what's he going to
• 1:22:29
  do now? Well, you know what you need to
• 1:22:32
  do? You just need to do it.
• 1:22:34
  You're all over well on your way.
• 1:22:36
  How much time do we have left on this probation?
• 1:22:38
  He has. I believe a little over a year.
• 1:22:41
  I think June, June 3rd, 2020, Sixth.
• 1:22:46
  I. Apologize 2027.
• 1:22:47
  That's OK. That's a long time.
• 1:22:51
  You ready to do it and get it done?
• 1:22:54
  That's the sentence. We're continuing you on
• 1:22:56
  probation. No further sanctions.
• 1:22:59
  Thank you. Make your family proud, make
• 1:23:02
  yourself proud and by doing so you'll make the court proud
• 1:23:06
  because obviously there there is always the idea of punishment,
• 1:23:12
  rehabilitation. There are a lot of facets in the
• 1:23:15
  court sentence and you have the opportunity you have the keys in
• 1:23:19
  your pocket to run with this despite the fact that you're on
• 1:23:24
  the TRSC program that you were working on and it's it's a
• 1:23:28
  lifelong battle. If I do need to inform you of
• 1:23:31
  the right to see plea to appeal. If you're financially enabled to
• 1:23:34
  provide counsel of your own choice.
• 1:23:35
  Corporate assigned counsel for you expense in order to initial
• 1:23:39
  the receipt in questionnaire form requesting the assignment
• 1:23:41
  of the council, both of which must be executed underoath and
• 1:23:44
  filed to the court of the court of the 42 days.
• 1:23:55
  Good luck to you, Sir. I don't want to see this
• 1:23:58
  courtroom again. Got a deal.
• 1:23:59
  That's what we'll do. Thank you so much.
• 1:24:02
  Good luck. Thank you.
• 1:24:03
  Good luck, Mr. Stone. Okie dokie friends, let's go a
• 1:24:09
  little bit S from Huron County and say good morning to Judge
• 1:24:13
  Desanto. You can.
• 1:24:16
  OK, very good. Good morning.
• 1:24:17
  And so thank you for addressing appropriately for court.
• 1:24:20
  It's come to my attention that your client knows my court
• 1:24:23
  reporter, correct? I don't have any.
• 1:24:28
  Objection. Right they they said hello when
• 1:24:30
  they walked to the court but this is it's really not a small
• 1:24:33
  town but has a small town atmosphere so we'll.
• 1:24:35
  Wait any objection? There's no improve privacy.
• 1:24:37
  OK, right. Either they played sports with
• 1:24:40
  one of your children or or I prosecutor or they lose
• 1:24:43
  somebody. Yes, no, I believe, I believe
• 1:24:46
  he's related to a very good friend of of hers.
• 1:24:49
  So that's why I wanted to I wanted to disclose that because
• 1:24:55
  if there's any, you know, lever level of discomfort and you
• 1:25:00
  don't think that this court should continue to decide over
• 1:25:04
  it, then I can certainly disqualify.
• 1:25:06
  But if you're comfortable then that's fine too.
• 1:25:09
  So chill in here, but I am comfortable, your Honor.
• 1:25:11
  So Your Honor will waive any. Objections.
• 1:25:14
  We'll waive the reading. Ask the court to stand of you.
• 1:25:18
  OK. So the court will know any
• 1:25:22
  conflict is waived. OK, thank you.
• 1:25:32
  And the court will waive the formal reading, censure, plea of
• 1:25:38
  not guilty for purposes of the arraignment and then ask for
• 1:25:41
  their pretrial counsel. Judge, they've been very
• 1:25:43
  generous offering the added operating while ability visibly
• 1:25:47
  impaired due to the consumption of alcohol.
• 1:25:49
  The intoxilized the result of 0.21 the Pvt. of 0.18 for
• 1:25:57
  purchases of a plea indicated driving.
• 1:26:00
  We'd ask the court to alley Prosper on acceptance of the
• 1:26:02
  plea and sentencing the original charge.
• 1:26:05
  He's ready to be questioned. Sir, please raise your right
• 1:26:11
  hand. Do you solemnly swear or from
• 1:26:13
  the testimony about to give in this matter be the truth, the
• 1:26:15
  whole truth and nothing but the truth?
• 1:26:16
  I swear. OK.
• 1:26:19
  And you heard the plea that was placed on the record, is that
• 1:26:21
  correct, Sir? Correct.
• 1:26:23
  As to the amended charge of operating what?
• 1:26:25
  Visibly impaired. How do you plead?
• 1:26:29
  Gone over your advice of rights with your attorney?
• 1:26:30
  Correct. And you understand all of those
• 1:26:33
  rights? You also understand, Sir, the
• 1:26:39
  that by waving your, by entering into this plea, you'll be waving
• 1:26:43
  some of those rights, yes? I understand.
• 1:26:47
  You understand as well. So the possible penalty as a
• 1:26:50
  result of your plea, whether in this court, any other court or
• 1:26:53
  administrative agencies, I understand.
• 1:27:13
  And Sir, you also understand in knowing all that, do you want to
• 1:27:18
  continue with your plea? Yes.
• 1:27:21
  Has anybody promised you anything, threatened you or
• 1:27:23
  coerced you in any way for you to waive your rights to for you
• 1:27:26
  to enter into this plea? Sorry counselor, I'm just a
• 1:27:30
  little thrown off. I'm trying to get this this file
• 1:27:33
  back in order because it's well. That's a lot.
• 1:27:37
  No, it's just supposed to. There's, there's an order that
• 1:27:45
  the report has it going and it's way out of order, but many and
• 1:27:48
  it's all mixed in with the criminal history and such.
• 1:27:50
  But in any event. The last question is there's no
• 1:27:59
  promise for. Right.
• 1:28:01
  And the immigration issue, Sir? No, all right.
• 1:28:05
  And Council, if you can, please bug your client.
• 1:28:08
  Well, you were driving a motor vehicle.
• 1:28:10
  In the city of Riverview. Oh my goodness.
• 1:28:13
  Judge, I got to look at the D. Here, thanks for having the D
• 1:28:16
  Looks like it was the 10th of February of 20.
• 1:28:19
  No, that's the date of birth, April April 10th.
• 1:28:22
  April 10th, 2026 Is that correct?
• 1:28:25
  Correct. Operating that big?
• 1:28:26
  Will you consume the alcoholic? Beverages.
• 1:28:29
  The previous night. You drank a lot of beverages,
• 1:28:31
  didn't you, Early in the morning?
• 1:28:33
  And and you guessed there was enough there that by the time
• 1:28:35
  you woke up, decided to drive to work, you not only had any over
• 1:28:38
  but the blood alcohol level would have been about .21 when
• 1:28:41
  you got to the police station. You have to answer.
• 1:28:43
  Yes, Sir. As.
• 1:28:44
  Yours. You have no reason to contest
• 1:28:45
  that result. Is that correct?
• 1:28:47
  Correct. And that the police were
• 1:28:48
  attracted to you by the fact that you had driven into a ditch
• 1:28:52
  off of the major thoroughfare. The police came as you're trying
• 1:28:55
  to 1st move your car and then get out of the car.
• 1:28:57
  Is that correct? Correct, you believe you would
• 1:28:59
  not have driven into the dish. But for the fact that you would
• 1:29:01
  consume the. Alcohol the night.
• 1:29:03
  Before correct. Now how many?
• 1:29:05
  Hours. Did you speak about four hours
• 1:29:07
  and say so, Judge, I think that's critical because we
• 1:29:08
  understand the four hour level. So he was pretty tanked up.
• 1:29:12
  You would see based upon the Intoxilizer and the Pvt.
• 1:29:15
  results, by the time you got into the car, there's that
• 1:29:17
  morning after drug alcohol, it sticks.
• 1:29:21
  We believe there's a sufficient basis here.
• 1:29:26
  All right. And you circulate to the .215
• 1:29:30
  result, correct? Certainly do, your Honor.
• 1:29:32
  All right, the court does find the plea is knowing, voluntary
• 1:29:35
  and factually accurate. The court will accept your plea.
• 1:29:40
  Dismissed the original charge for the plea agreement and then
• 1:29:42
  asked to bond counsel. Your honor, he is gatefully
• 1:29:46
  employed. He has no prior criminal history
• 1:29:49
  and he if he were tested, even though he works in a marijuana
• 1:29:52
  dispensary and store, there's. Nothing in your system that.
• 1:29:55
  Correct. Correct.
• 1:29:56
  In fact, you're not allowed to consume marijuana, are you?
• 1:29:58
  Correct. All right.
• 1:29:59
  Any other drugs in your system? No, Sir.
• 1:30:01
  Any prescription drugs, no Sir. Any alcohol, no Sir.
• 1:30:04
  Just because you understand with the high level, the judge might
• 1:30:07
  require some occasional testing or frequent testing to make sure
• 1:30:10
  you don't have a problem with alcohol because when you wake up
• 1:30:13
  at a 21, that was a long night before they must.
• 1:30:15
  Have a hangover? Oh yes, it was.
• 1:30:19
  OK, And so why is it that you're not allowed to use marijuana?
• 1:30:23
  Me personally, I have a medical issue where I'm unable to.
• 1:30:27
  OK, I hope there's some other reason.
• 1:30:28
  They don't let them smoke on premises anyways, which is
• 1:30:31
  pretty good judge. As opposed to bartenders who
• 1:30:33
  drink on each other. All right, Sir, with the court,
• 1:30:36
  you've never failed to appear in court, correct?
• 1:30:38
  No, All right. The court's going to order $7500
• 1:30:43
  personal bond. You're not to possess or consume
• 1:30:44
  any alcohol or drugs unless prescribed.
• 1:30:46
  And your attorney was correct. And they're going to order you
• 1:30:48
  to participate in random testing.
• 1:30:50
  So you're going to go over to probation, you're going to get a
• 1:30:53
  copy of your bond conditions, get set up with testing and all
• 1:30:55
  of your next steps. OK, thank you.
• 1:30:58
  Thank you. Have a good day.
• 1:31:02
  Thank you. All right, we are on the record
• 1:31:11
  in the matter of the city of Wyandotte, verse Sean King
• 1:31:18
  232116. Good morning, Your Honor.
• 1:31:23
  Attorney Corey Westmoreland, current on behalf Mr. King.
• 1:31:25
  Mr. King, would you please state your full name, King?
• 1:31:28
  Good morning and thank you for addressing.
• 1:31:29
  Appropriately for court. Today is the date scheduled for
• 1:31:33
  sentencing in this matter on your client's plea to an amended
• 1:31:38
  charge of operating or visibly impaired.
• 1:31:43
  That's correct, Judge. Do you have an opportunity to
• 1:31:45
  review the report and recommendation with your client?
• 1:31:48
  This time there's no additions, deletions with corrections that
• 1:31:50
  wouldn't be made. I would just simply ask that the
• 1:31:53
  recommendation on behalf of Mr. King be adopted on his behalf.
• 1:32:13
  All right. And Sir, you're part of the
• 1:32:15
  union, correct? You're part of the union and
• 1:32:20
  your yearly earnings are $10,000.
• 1:32:23
  Well, I haven't been in the union because of the shoulder
• 1:32:25
  replacement, so I've been doing that's good signing.
• 1:32:31
  OK. So your surgery was seven years
• 1:32:33
  ago? I guess six years ago.
• 1:32:36
  OK, and you're not. You're still not able to fully
• 1:32:40
  work. Well, I'm actually going to take
• 1:32:43
  my must program today to go back to union work, but they have to
• 1:32:48
  give them something I can do. I can't pick up drywall because
• 1:32:51
  they used to leave 06 sheets a day.
• 1:32:55
  All right. And so was that and was your
• 1:32:59
  shoulder injury as a result of a work issue or?
• 1:33:03
  For a locator cut. Oh, is it still torn?
• 1:33:11
  No, I left those now. OK.
• 1:33:15
  All right. And so the court's going to note
• 1:33:20
  after hearing from Council, hearing from Mr. King, reviewing
• 1:33:24
  the report, the recommendation, the court does find that there
• 1:33:28
  is reasonable grounds to department on Sale 769.5.
• 1:33:39
  If you're to test right now, Sir, what is in your system, I'm
• 1:33:43
  sorry, OK. The court also finds the
• 1:33:45
  following sentence to be in the best purchase of justice to be
• 1:33:48
  reasonable and proportionate to the seriousness of the
• 1:33:53
  circumstances surrounding Mr. King as well as the legislative
• 1:33:56
  guidelines. The court's going to order nine
• 1:33:58
  months probation. You're eligible for early
• 1:34:00
  discharge and I'll go over that shortly.
• 1:34:02
  You are not to violate any criminal law of a union of
• 1:34:04
  government. You're not to leave the state
• 1:34:06
  without the consent of this court.
• 1:34:07
  You are to report truthfully to your probation officer as often
• 1:34:10
  as your probation officer may require in person writing or
• 1:34:13
  virtually. You are notify your probation
• 1:34:15
  officer immediately of any change in address or employment
• 1:34:17
  status. You're not using the alcohol or
• 1:34:19
  drugs unless prescribed to be subjected to random testing.
• 1:34:22
  The rehabilitation of goal for that condition so the court can
• 1:34:24
  monitor your progress in maintaining abstinence and
• 1:34:26
  sobriety. You have to also participate in
• 1:34:28
  the chemical awareness program. The rehabilitative goal for that
• 1:34:31
  condition is so you can further educate yourself regarding drug
• 1:34:34
  and alcohol use so you can make better informed decisions in the
• 1:34:37
  future, hopefully preventing this matter from happening
• 1:34:39
  again. And then the court's going to
• 1:34:41
  also order you to participate in that victim impact panel.
• 1:34:44
  The rehabilitative goal for that condition is so you can further
• 1:34:46
  increase your understanding of the danger of driving under the
• 1:34:48
  influence and the consequences of such behavior.
• 1:34:51
  Any questions? The court's going to order a
• 1:34:55
  $300 fine, $100 screening assessment fee, $450 supervision
• 1:35:00
  oversight fee. That's nine months at $50.00 a
• 1:35:03
  month. Since you're eligible for early
• 1:35:04
  discharge, Sir, up to half of that could be waived, $300.00
• 1:35:08
  for the cost of prosecution. Crime victim assessment fee of
• 1:35:11
  $75, justice system assessment fee of $50, chemical awareness
• 1:35:15
  program of $75. Is there a warrant and clearance
• 1:35:18
  fee? It's a there's a 60.
• 1:35:25
  Dollars because it was great to be packed.
• 1:35:28
  So providuality, you said 60. OK, so 1300 and $25 plus the
• 1:35:34
  $60.00 warrant fee. So your total is $13185.
• 1:35:39
  I'm pretty certain that's the total.
• 1:35:42
  Probation will correct me if I'm not because I chose to do that
• 1:35:46
  without the calculator. All right.
• 1:35:50
  So, Sir, the court will let you know as well that you can set up
• 1:35:56
  your payment plan when you are over in probation, OK?
• 1:36:00
  Your Honor, I believe Mr. King posted a $500 bond.
• 1:36:03
  Well, the only bond I'm showing is from September of 23, and it
• 1:36:10
  was forfeited because your client failed to appear.
• 1:36:14
  So that was forfeited. Did you post another bond, Sir?
• 1:36:19
  No, you gave it back in the last court.
• 1:36:23
  Oh, I sure did. Because yes, there is proof that
• 1:36:26
  you are not provided of the new date.
• 1:36:27
  I sure did. That's my note right there.
• 1:36:30
  OK. OK.
• 1:36:31
  So yes, so then your bond is reinstated and as noted on March
• 1:36:36
  11th. So thank you for clarifying that
• 1:36:38
  for me, Sir. And so probation will go over
• 1:36:40
  your payment plan after that bond supplied.
• 1:36:42
  OK, as I did state, you're eligible for early discharge as
• 1:36:46
  long as all the following have occurred.
• 1:36:47
  You've completed at least half of your original term
• 1:36:49
  information. All probation requirements have
• 1:36:51
  been completed. You've got at least three months
• 1:36:53
  without any violations and all monies have been either paid in
• 1:36:55
  full or you've made a good faith effort for making full payment.
• 1:36:59
  OK. All right, have a good have a
• 1:37:02
  good day, Sir. Good luck to you.
• 1:37:04
  Let's go on the record in the matter of the City of Riverview
• 1:37:07
  versus Mario Ridgeway, 26235 AB and C.
• 1:37:12
  Right. Good morning.
• 1:37:20
  You're able to vote here on behalf of Mario Ridgeway.
• 1:37:22
  We also have an important room today with his grandmother of
• 1:37:25
  Guardian. Her name is Greenville.
• 1:37:28
  I do apologize. Mary Ridgeway, certain
• 1:37:32
  stationary clerk. Mario, Sarah.
• 1:37:35
  Ridgeway, All right. Good morning.
• 1:37:39
  OK, very good. Did she come through?
• 1:37:41
  OK, very good. Thank you and thank you and
• 1:37:43
  thank you. Good morning to you both and
• 1:37:44
  thank you both for addressing appropriately for court.
• 1:37:47
  And today is the date scheduled for the adjourned pretrial on
• 1:37:52
  this matter. I understand that there was a
• 1:37:54
  plea that was put forth previously, but the court did
• 1:37:57
  not accept it because Miss Ridgeway was not present with
• 1:38:01
  Mr. Ridgeway and so Council. Yeah, sure, that's correct.
• 1:38:05
  In fact we rewrote the same plea.
• 1:38:07
  It's contained in the court's file.
• 1:38:09
  In the terms of that plea, Mr. Ridgeway will be plea
• 1:38:12
  responsible to added count of no proof of insurance civil
• 1:38:18
  infraction I'm. I'm sorry, that's count.
• 1:38:20
  B Correction and additional charge of to look for actual
• 1:38:25
  double parking counts. A&C.
• 1:38:28
  Would be the specimen. OK.
• 1:38:44
  And Mr. Ridgeway, please raise your right hand.
• 1:38:47
  You saw me swear, or from the testimony you're about to give
• 1:38:50
  in this matter, be the truth, the whole truth, and nothing but
• 1:38:51
  the truth. Yes.
• 1:38:53
  OK. And Sir, you heard the plea that
• 1:38:55
  was placed on the record, correct?
• 1:38:57
  Yes. As to the count of no proof of
• 1:39:01
  insurance, how do you plead? Responsible or not responsible?
• 1:39:04
  Responsible. As to the amended charge of
• 1:39:09
  double parking, how do you plead?
• 1:39:12
  Responsible. And you've gone over your advice
• 1:39:14
  of rights with your attorney, correct?
• 1:39:16
  And you've been and you've been able to go over those with your
• 1:39:20
  grandmother and guardian Mary, correct?
• 1:39:23
  You understand all of those rights.
• 1:39:25
  You also understand by entering into this place or that you'll
• 1:39:28
  be waiving some of those rights and you understand the possible
• 1:39:32
  penalty as a result of your plea, whether in this court, any
• 1:39:36
  other court or administrative agency.
• 1:39:40
  Knowing all that, do you want to continue with your plea?
• 1:39:42
  Yes. Has anybody promised you
• 1:39:44
  anything, threatened you or coerced you in any way for you
• 1:39:46
  to enter into a plea? No.
• 1:39:49
  Any immigration issues? No.
• 1:39:51
  All right. The court will accept the plea
• 1:39:55
  as knowing and voluntary and dismiss Counts A&B per the plea
• 1:40:00
  agreement. And it is. $200 for the double
• 1:40:05
  parking, $175 for the no proof of insurance for a total of
• 1:40:14
  $375. Are you able to pay that today,
• 1:40:18
  Sir? I'm not sure if I'm able to it
• 1:40:22
  will. Probably have to be.
• 1:40:23
  Later on today. OK.
• 1:40:26
  And there's no talking in court. And so if you're not able to pay
• 1:40:31
  it today, would you be able to pay it within 30 days?
• 1:40:36
  OK, so then let's state that this is to be paid in full by
• 1:40:40
  May 29th. So if you're not able to pay it
• 1:40:42
  today, Sir, then make sure it's paid in full by May 29th, OK.
• 1:40:47
  And then you can both grab a, you can stop at the window to
• 1:40:51
  grab information about paying it online if you'd like.
• 1:40:53
  OK, thank you. Have a good day.
• 1:40:56
  Good luck to you. OK friends, in keeping with this
• 1:40:59
  channel's promise of 9 to 11% more Judge Boyd, I want to take
• 1:41:02
  us down to Texas. Judge Boyd.
• 1:41:06
  Just give me a moment. So we are.
• 1:41:17
  Hi. OK guys.
• 1:41:19
  So we were here, I believe it was last month or so, and we had
• 1:41:27
  some concerns that Mister Herrera was not being active or
• 1:41:32
  had not been enrolled in his treatment.
• 1:41:36
  And he reported to the court he was waiting to get his
• 1:41:41
  identification. He was going to be enrolled.
• 1:41:45
  He got a job. I mean, he was going to get a
• 1:41:47
  job, all that good stuff. Happy to report.
• 1:41:50
  He did get his ID. He did get a job.
• 1:41:54
  He is enrolled in treatment and has been going to treatment.
• 1:42:00
  This coming Thursday will be his third, third round of treatment.
• 1:42:07
  He is reporting as he should. So he's on track now, Judge, and
• 1:42:14
  then three weeks your. Honor.
• 1:42:19
  And then when he was in court the last time, Judge, you did
• 1:42:23
  give him permission to relocate to Colorado and he still wants
• 1:42:30
  to do that. Our only concern is he's in
• 1:42:33
  treatment now. When he does relocate to
• 1:42:37
  Colorado, we would like to put he needs to be involved in
• 1:42:40
  treatment again within 30 days of actually being there.
• 1:42:44
  Yes. And we can add that to
• 1:42:45
  conditions. So you need to be enrolled in
• 1:42:48
  treatment within 30 days once you're in Colorado, OK, Once
• 1:42:52
  your probation is transferred there, OK.
• 1:42:55
  How will I know when the probation is transferred?
• 1:42:58
  So we will work on the transfer. In order for us do that, we need
• 1:43:01
  to know like where you're going to be living and all that stuff
• 1:43:04
  first. I'm working on that too.
• 1:43:06
  OK. So, yeah.
• 1:43:07
  So can you give us that information?
• 1:43:09
  We busy, busy. OK.
• 1:43:12
  And you're doing it all during Fiesta.
• 1:43:13
  I'm proud. Thank you.
• 1:43:15
  All right, thank you. Thank you.
• 1:43:16
  All right. Thank you.
• 1:43:21
  All right, fairly short and sweet there.
• 1:43:23
  And let's head over to Jefferson County and Judge Stevens.
• 1:43:29
  A year old. A year and a third old.
• 1:43:32
  That's old for most courts. Not.
• 1:43:36
  If my parents. If I have to be ready, I'll be
• 1:43:39
  ready. But I was just not actually 1
• 1:43:40
  research. I mean, he's in the list, OK.
• 1:43:43
  I saw your e-mail. Which one the?
• 1:43:45
  Video I I need time to look for that to see look into that.
• 1:43:50
  So I don't know if you want. To what she's talking.
• 1:43:53
  About judge is is that. Beaumont.
• 1:43:56
  PD is not him. Beaumont.
• 1:43:58
  PD that they submitted was one of the officers videos from the
• 1:44:02
  date going to my. Client's house.
• 1:44:04
  But I think we were looking for some other.
• 1:44:06
  Security. But he did come to my office.
• 1:44:11
  And I did go. Through a lot of that with.
• 1:44:13
  All right, you've got, he's got 2 cases.
• 1:44:15
  One's a state jail felony of death.
• 1:44:17
  The other is a third degree felony of unlawful possession of
• 1:44:20
  a firearm. And yes, Sir, is this right?
• 1:44:24
  He's a habitual felon. Yes, Sir, and I told.
• 1:44:26
  Him. We're going after them.
• 1:44:28
  We're going to try that firearm in case 25 to life.
• 1:44:33
  And. We don't do it today.
• 1:44:35
  We're going to put in first every week.
• 1:44:37
  Tell them that OK, because we that needs to get resolved.
• 1:44:41
  Thank you, Sophie. Martin.
• 1:44:43
  Appreciate. You just, Yeah.
• 1:44:53
  Yes. I made an offer that I know will
• 1:44:55
  resolve. The case, but that's true.
• 1:44:57
  But there was a. Family member that came up that
• 1:45:00
  said that there was a little bit more information that's happened
• 1:45:02
  since I made that offer and so I just.
• 1:45:04
  Need a week to look? At it and we'll probably clean
• 1:45:07
  it out two weeks. That's fine.
• 1:45:09
  We'll we'll we'll get it taken care of that we said Juan Pugh.
• 1:45:14
  Hey, Jake. Hey.
• 1:45:24
  Everybody stops when he saw how this Hold on, this is my first.
• 1:45:30
  Judge I just they just released discoveries where?
• 1:45:33
  Is he working? He's got a nice fancy little
• 1:45:37
  That thing glows in the dark. Yes, business PR.
• 1:45:42
  OK. As I said, Judge.
• 1:45:45
  Just had discovery released to itself.
• 1:45:47
  The lawyer who's here? How many?
• 1:45:55
  Times is he going to get lawyers so we can He stops and he says
• 1:45:59
  this is the one. I believe I don't.
• 1:46:01
  Think he'll choose another after Mr. Johnson will.
• 1:46:03
  I believe I can get a result right?
• 1:46:06
  So what kind of time do you? Just a regular reset judge.
• 1:46:10
  I just got to go through the discovery.
• 1:46:13
  You've been in here before. There is nothing regular about
• 1:46:16
  this world. That that's true, Judge, that's
• 1:46:18
  true. But.
• 1:46:20
  Like. A Mr. Lehren Saturday Night Live
• 1:46:22
  episode. Mr. Lehren's released attending
• 1:46:24
  judge. You're going to go through it
• 1:46:25
  this week and I'm just here every year.
• 1:46:27
  Standard Time frame. This week it's 3-4 weeks 1.
• 1:46:30
  That'll be fine, Judge. 4 weeks be fine.
• 1:46:32
  OK. Thank.
• 1:46:34
  You, Jeff, get a reset. Thank you, Charles.
• 1:46:36
  Good to see. OK.
• 1:47:05
  All right, we'll keep an eye, see if they rack up another
• 1:47:07
  contestant at some point. In the meantime, let's go across
• 1:47:09
  the hall to Judge W to. Get an attorney hired.
• 1:47:13
  I wasn't able. To get I did lost my job because
• 1:47:15
  they're actually trying to give me like move like hazardous wait
• 1:47:17
  without any like material dockets or like that.
• 1:47:19
  It's like I had to quit. I can't understand what.
• 1:47:22
  I had my job. I had lost it because like, I
• 1:47:25
  had to quit because I said we're going to move like hazardous
• 1:47:27
  materials without any type of manifest or anything like that,
• 1:47:30
  and I was going to risk my, my, my, my going to jail.
• 1:47:33
  So I had to quit. So I'm back in the process of
• 1:47:36
  any interview often. Why would that admit you go to
• 1:47:39
  jail? Because like, like if they were
• 1:47:41
  going to take it from my God, I probably like, you know,
• 1:47:43
  violated my bond, you know, whatever, to get another ticket
• 1:47:45
  or something like that. I don't know if it would.
• 1:47:47
  So I just quit. Well, it's like it was a bunch
• 1:47:50
  of a risk. Like they wanted me to make me
• 1:47:51
  do all kinds of stuff, like I didn't see anyone legal so.
• 1:47:55
  Where were you working? Hydrophone.
• 1:48:02
  They're. Very like a company, so I did
• 1:48:06
  not like it at all. I'm going to have you fill out
• 1:48:11
  some paperwork to see if you qualify for a quote appointed
• 1:48:14
  lawyer this morning. You need to fill it out
• 1:48:15
  accurately and completely. You're going to need to swear
• 1:48:18
  underoath that it's all true and correct.
• 1:48:20
  You'll step in front of the clerk on the end.
• 1:48:21
  She'll give you that. I'll still get a lawyer like I'm
• 1:48:24
  still a higher lawyer. Like whenever I get the money
• 1:48:26
  looks like just swap them out or?
• 1:48:29
  Can you afford an attorney? Yeah, eventually, yeah.
• 1:48:32
  Eventually when? Like it's maybe like in 30 days
• 1:48:35
  or so. OK, so you've been here 4 times
• 1:48:37
  and you've been given all this time.
• 1:48:39
  Yeah, other than the price of getting that new job that I
• 1:48:41
  found out was shady, right? But what I'm saying is if you
• 1:48:44
  don't have a job right now, are you going to be able to afford
• 1:48:46
  someone if I give you one more reset?
• 1:48:47
  Or do we need to go ahead and OK, so I'm going to reset your
• 1:48:50
  case 30 days. You need to have a lawyer before
• 1:48:53
  that next court date, right? Step in front of the clerk.
• 1:49:02
  Mr. Morgan. Good morning, Sir.
• 1:49:11
  You're Michael Morgan. And Mr. Morgan, it's important
• 1:49:14
  that you're here on time. OK.
• 1:49:16
  I'll recall the bond forfeiture. And Mr. Morgan, were you able to
• 1:49:19
  hire a lawyer? No, wasn't able to hire one
• 1:49:24
  after the 1st 2:00. Calls, I realized.
• 1:49:26
  In Georgia. Who'd you talk to?
• 1:49:29
  And Mr. One of these is I had talked to my the quarter point
• 1:49:38
  lawyer had his first. His Holmes.
• 1:49:41
  His Holmes, Andrews, Andrews, but two more.
• 1:49:50
  I didn't think. Did you what?
• 1:49:52
  Remember I told you to bring those names in so I know that
• 1:49:55
  you're trying. Why didn't you write them down
• 1:49:57
  on something? I mean, I know you just don't
• 1:49:59
  sound bad, but I lost one of them.
• 1:50:01
  The cars that I had OK, but I had, I did.
• 1:50:03
  I did. I did like 3 or 4 days after you
• 1:50:06
  told me. Who are you?
• 1:50:07
  Are you working? No.
• 1:50:14
  OK, so I'm going to find that you qualify for a court
• 1:50:17
  appointed lawyer, Mr. Morgan, and you'll just need to step in
• 1:50:21
  front of the clerk. She'll give you that
• 1:50:22
  information. OK.
• 1:50:38
  No, he called. I didn't do.
• 1:50:42
  We didn't do paperwork. All right, we'll keep an eye
• 1:51:24
  there. Let's go.
• 1:51:28
  Let's go back to Judge Pearl up in Huron County.
• 1:51:30
  New contestant. In Michigan versus Amy Joe
• 1:51:33
  Brawlett, there are two files, 2674-O2 and 74-O7 FH time of day
• 1:51:40
  set for sentencing. In each of the respective files,
• 1:51:42
  the draw was present, represented by attorney Dallas
• 1:51:45
  Rooney. People are represented by
• 1:51:47
  Prosecuting Attorney Timothy Jay Rakowski.
• 1:51:50
  Back in March 2nd of this year, the defendant in 74-O2 pled to
• 1:51:55
  largely $1000 to $20,000 and possession of in use, illegal
• 1:52:00
  possession, use of financial transaction device.
• 1:52:04
  In 74 O 7, the defendant pled no contest to largely $1000 to
• 1:52:09
  $20,000. Miss Karen Everland's prepared
• 1:52:12
  the preset report dated April 9th, 2020.
• 1:52:14
  Sixth, Mr. Rooney of you and your client had the opportunity
• 1:52:17
  to review the report we had. Are there any additions,
• 1:52:20
  deletions, corrections or objections?
• 1:52:23
  None to the report, you know, just.
• 1:52:24
  Guidelines. But if you did send a letter
• 1:52:27
  that she. Addressed to you.
• 1:52:29
  Correct. And I do recall reading that,
• 1:52:31
  yes. That's the only.
• 1:52:32
  Addition. All right, do.
• 1:52:34
  You agree with that this problem, Yes, Mr. Rakowski, any
• 1:52:37
  objection to the report as well as category?
• 1:52:39
  No, Go ahead, Mr. Rudy. Anything you'd like to say on
• 1:52:43
  behalf of your client before the court imposes sex?
• 1:52:46
  It's Your Honor. My client's 54 years old now.
• 1:52:49
  She's on disability and some physical ailments that are
• 1:52:53
  listed as PSI. She also has some mental health
• 1:52:57
  issues that are also listed. Narrative.
• 1:53:01
  Also the fact. That.
• 1:53:03
  She had a suicide attempt right around the same time with this
• 1:53:08
  latest. Episode is being discovered.
• 1:53:11
  She's. Invested.
• 1:53:14
  So she does have some. Health issues to address as well
• 1:53:20
  as her letter to you indicated. She has.
• 1:53:23
  Issues controlling herself, which validates all that
• 1:53:28
  impulsivity. She wants to change, she wants
• 1:53:32
  to stop her behaviors, but she's having difficulty actually
• 1:53:37
  getting herself that. Listen to yourself.
• 1:53:40
  So to speak, she is very sorry for her actions.
• 1:53:46
  She has been. Attending.
• 1:53:47
  Bible study while in jail, she has.
• 1:53:51
  Been on a. Parole detainer since her
• 1:53:54
  arrest, which means that she's been sitting for about four
• 1:53:58
  months now with no credit. Unfortunately, the
• 1:54:04
  recommendation for the guidelines.
• 1:54:08
  Is. Basically, at the top, I'm
• 1:54:14
  asking you to consider something in the middle of the range.
• 1:54:19
  Here's the reason. The last time you.
• 1:54:23
  That. She was here before you on a
• 1:54:26
  similar type of incident. She got basically 2 1/2 years
• 1:54:32
  in. Prison.
• 1:54:34
  Went to the middle of the range. Just keeping in mind that she's
• 1:54:42
  had essentially dead time for the last four months.
• 1:54:46
  I know that it's your practice. Most judges practice to.
• 1:54:51
  People. Increasing increments.
• 1:54:54
  Of. Jail or prison time when they
• 1:54:57
  keep coming back. So if you were to give her
• 1:55:02
  three, that's more than she got last time.
• 1:55:08
  She has a daughter graduating in May of 29, which should be 3
• 1:55:12
  years from now, which she would hope to be able to attend that
• 1:55:17
  in person. I would also mention I think her
• 1:55:21
  letter might mention. This too that.
• 1:55:23
  Her. Father died while she was.
• 1:55:24
  In prison and then her mother died shortly after she got out
• 1:55:30
  and we had tried to get her to be able to attend her mother's
• 1:55:34
  funeral, but DLC wouldn't agree with that.
• 1:55:37
  So she has paid some fairly heavy consequences, personal
• 1:55:44
  consequences. As a result.
• 1:55:45
  Of this case, she does take personal responsibility for her
• 1:55:51
  actions. She would plead guilty to all
• 1:55:54
  these departments. So I'm asking for less than the
• 1:55:58
  probation officer's recommendation.
• 1:56:00
  But she said high end, if not the actual high end, keeping in
• 1:56:06
  mind the fact that. These are.
• 1:56:08
  Property. Crimes.
• 1:56:10
  And total damages, while still significant, are way less than
• 1:56:14
  what she had prior to this incident, quite a bit less.
• 1:56:22
  We're asking to waive the attorney fees.
• 1:56:24
  And notwithstanding or no contest, please, I think she
• 1:56:27
  does want to speak to you today. All right.
• 1:56:30
  Thank you. What would you like to say?
• 1:56:35
  Morning I'd like to apologize to my children.
• 1:56:41
  I've had higher expectations for myself, losing my dad
• 1:56:49
  unexpectedly in August 24 and not being able to take a.
• 1:56:53
  Privacy. Stream.
• 1:56:56
  As I look forward to going home and helping my mother, she tells
• 1:57:02
  me she only has three to six months to live and then that six
• 1:57:08
  months on January 25th. 2020. Six.
• 1:57:14
  She passed away, Your Honor. I spent 64.
• 1:57:22
  Nights with my. Mother as her caregiver first
• 1:57:26
  and a daughter second. It was a battle of tough love
• 1:57:35
  between her dementia, hallucinations, medications,
• 1:57:39
  personal care and repetitive conversations multiple times a
• 1:57:44
  day. It was mentally exhausting.
• 1:57:49
  In November I asked my youngest sister for help as she is the
• 1:57:55
  administrator of our parents estate.
• 1:58:01
  She refused to accommodate me, told me it wasn't possible when
• 1:58:05
  in fact her Black Friday shopping was priority.
• 1:58:10
  I. Cried.
• 1:58:10
  Almost every day I. Thought my mom.
• 1:58:13
  Was too stubborn to die but watching her decline before my
• 1:58:17
  eyes, the absolute worst punishment ever.
• 1:58:21
  I miss both of my parents channels.
• 1:58:24
  My oldest son is getting married next year.
• 1:58:29
  I need a right hip replacement and my knee is messed up.
• 1:58:32
  I can barely stand or walk. My PO kept telling me to take
• 1:58:38
  care of myself but it was. Kind of hard.
• 1:58:40
  When I was the only one there, I had two other sisters who
• 1:58:45
  refused to step up to help me until they were given no choice
• 1:58:51
  when I left my mom's house on December 17th, which was the
• 1:58:55
  last day I saw my mom. We all know I'm far from perfect
• 1:59:00
  care honor. I just needed a mental break in
• 1:59:03
  November to reset myself. This wasn't what I had in mind.
• 1:59:10
  I just want more time in my mouth.
• 1:59:20
  A daughter without grandmother is a woman.
• 1:59:24
  It is the most that turns to arthritis and settles.
• 1:59:32
  Deep in your. Bones, yes, I now know my mom
• 1:59:42
  was my worst enemy, but my biggest supporter and not being
• 1:59:48
  able to say goodbye to her and my dad because of my own
• 1:59:53
  actions, it's just cool. I'm suffering every day.
• 1:59:59
  Every time I look at my mouth, I just can't believe that she's
• 2:00:06
  gone. Her cancer, she had bone cancer
• 2:00:09
  was horrendous, absolutely horrendous.
• 2:00:16
  And you're on there, I know, but the part wants to throw the book
• 2:00:19
  at me, and I totally deserve it. But I feel I've already had the
• 2:00:28
  worst punishment the daughter couldn't get and that was losing
• 2:00:33
  both my parents and not being able to greet them properly.
• 2:00:44
  Mr. Murkowski, behalf of the People, this is a victim's
• 2:00:46
  rights case. It is a victim's rights case.
• 2:00:49
  We ask you to take into account the victim's impact statement
• 2:00:51
  included in the pre sentence. So without going into detail on
• 2:00:55
  that court spread the precinct reports you've seen that we've
• 2:00:59
  talked about this case in the office.
• 2:01:01
  It's very sad. You know the circumstance in
• 2:01:04
  this brawl things up. It's it's true, but the
• 2:01:08
  recommendations are based, I believe in fact on the fact that
• 2:01:12
  the last time that we were here remind you this brawl, it has
• 2:01:16
  nine prior felonies and four prior misdemeanors, but one of
• 2:01:19
  them involves taking money from her mother.
• 2:01:23
  And then we get to this case for her mother when she gets out of
• 2:01:26
  prison. Her mother wanted to see her
• 2:01:29
  again and to interact with her. This.
• 2:01:31
  For all described. Her interactions with her mom.
• 2:01:34
  The fact is, though, that she taken her mom's debit card and
• 2:01:38
  use it at these two different places to the tune of the amount
• 2:01:41
  that the court has in front of it.
• 2:01:43
  And when you victimize somebody once and then you victimize them
• 2:01:46
  again. And she knew her mother's
• 2:01:48
  circumstances. I think that's why.
• 2:01:51
  And we would ask to adopt the recommendations because it is at
• 2:01:54
  the high end of the guidelines. But I believe the circumstances
• 2:01:58
  of what Miss Brillett did just getting out on parole is it's
• 2:02:04
  the same thing. It is worse because she knew her
• 2:02:06
  mother was dying as it is. And then she uses this debit
• 2:02:09
  card from her mom, not just use it once, not use it twice, use
• 2:02:14
  it multiple times at two different locations.
• 2:02:16
  That's why we have the two separate files.
• 2:02:18
  Runner. As far as the, the credit, there
• 2:02:21
  is no credit because she's on parole.
• 2:02:23
  But the, the, the dead time that she's serving is going to go
• 2:02:26
  towards her parole violation. And so it's not going to be that
• 2:02:30
  she's not going to get any credit for it.
• 2:02:31
  It's just she's going to get it on her parole.
• 2:02:33
  Not on this file. It's difficult when you lose a
• 2:02:43
  parent or lose parents, and certainly Miss Rolla experienced
• 2:02:47
  that not too long ago. And the last time Miss Rolla was
• 2:02:54
  here, yes, a prison sentence was imposed.
• 2:02:59
  But the idea was learn from that experience and don't repeat
• 2:03:04
  behavior. And the court understands
• 2:03:09
  there's some mental health considerations as well, and the
• 2:03:14
  court has considered those. But at the end of the day, his
• 2:03:19
  brawler was on parole while her mom was in Hospice care.
• 2:03:26
  She took her mom's card, purchased iPhone, iPad, a
• 2:03:31
  laptop, and then gambling on FanDuel over $11,000 charged on
• 2:03:41
  the card. And you know, maybe the there's
• 2:03:48
  addictions relative to gambling because that's certainly
• 2:03:52
  difficult once you get into that.
• 2:03:57
  But having the love of your parents, your mom who's dying,
• 2:04:08
  but then to take her card and do what you did before all it is
• 2:04:15
  sadly unacceptable. Yeah.
• 2:04:18
  You've had the opportunity. Paul.
• 2:04:19
  You've had the opportunity to speak.
• 2:04:22
  That's what I read in the preception I.
• 2:04:23
  Had no help. I couldn't leave her there by
• 2:04:26
  herself. I was the only one there for
• 2:04:29
  60-4 nights. So what gave you the right to
• 2:04:32
  take the card and use it? How does that?
• 2:04:35
  How does that correlate it? Doesn't I had no right?
• 2:04:39
  That's the point. And I take full responsibility.
• 2:04:44
  And I, the court, appreciate. But who was there to help me?
• 2:04:46
  Nobody. And it's not about me.
• 2:04:49
  I'm not saying it's about me. I had stuff I was dealing with
• 2:04:54
  too, but nobody stepped up to the plate.
• 2:04:57
  What was I supposed to do? I did what I did to get out of
• 2:05:02
  the situation, so my other sisters had to step up.
• 2:05:06
  How does that help with gambling?
• 2:05:09
  I wanted to pay off my debts. I was alone and I'm still alone.
• 2:05:21
  It will be the sense of this court in 74-O2 FH.
• 2:05:27
  For count 1. That is committed to the
• 2:05:32
  Michigan Corrections Commission placed in their custody for 48
• 2:05:35
  months 30 years credit for no time served $130.00 Crime
• 2:05:41
  victims assessment will be ordered.
• 2:05:43
  Attorney fees are waived in all files $68 in state costs will be
• 2:05:48
  ordered. June 22nd due date 2026 Count 2
• 2:05:53
  financial transaction device will be the sense of this court
• 2:05:58
  going to be committed to the Michigan Corrections Commission
• 2:06:00
  placed in their custody for a period of two years to a maximum
• 2:06:03
  of 15 years credit for no time served, $68 in state costs will
• 2:06:09
  be ordered. If I wasn't clear on count 1,
• 2:06:11
  it's 48 months to 30 years. If I didn't state that Count 3
• 2:06:16
  financial transaction device illegal Sailor use same sentence
• 2:06:21
  24 months Department of Corrections to a maximum of 15
• 2:06:24
  years no credit for time served $68 in state costs will be
• 2:06:28
  ordered In 74 O 7 will be the sentences court that defend to
• 2:06:35
  be committed to the Michigan Corrections Commission and
• 2:06:36
  placed in their custody Custody for a period of 36 months Five
• 2:06:41
  years no credit for time served $130.00 Crime victims assessment
• 2:06:46
  Again attorney fees are waived $68 in state costs will be
• 2:06:50
  ordered. These sentences shall be served
• 2:06:52
  concurrently with each other, but consecutive to the parole
• 2:06:56
  sentence. It's my duty to inform the
• 2:07:01
  defendant she has right to seek leave to appeal.
• 2:07:03
  If she's financially unable to provide counsel, her own choice
• 2:07:06
  court will assign counsel for suspense.
• 2:07:08
  She's to initial. The receipt questionnaire form
• 2:07:10
  requesting the assignment Council, both of which must be
• 2:07:13
  executed. Underoath filed with the Circuit
• 2:07:15
  Court 42 days. Was there any restitution
• 2:07:18
  requested? 112,000.
• 2:07:32
  Yeah, there's no restitution. Requested Yeah, I plan to speak.
• 2:07:38
  OK, you're made of the custody and Sheriff, they'll be.
• 2:07:45
  On. I have so many things that I
• 2:07:50
  could say on that one, but I probably talked too much
• 2:07:53
  anyways, so we will let it go. Let's go to Judge Stevens, new
• 2:07:58
  contestant. 19-33584 is now called the State of Texas versus
• 2:08:04
  Brandon Lee Darcy. Is that you?
• 2:08:06
  Is it present your attorney, Mr. Dusler and the State's Attorney?
• 2:08:12
  There is a motion to revoke unadjudicated probation of
• 2:08:16
  spending here. What are we going to do today?
• 2:08:20
  We have an. Agreement for one year state
• 2:08:23
  jail, it's court approves that. Otherwise if you don't approve
• 2:08:26
  it and I think the probation offices agreeing to put him back
• 2:08:31
  on probation back in safety if they want it, they want him to
• 2:08:34
  get some some services, put him on the mental health caseload
• 2:08:37
  and get some services and get him some help.
• 2:08:45
  OK, well, he's competent or not, he's confident.
• 2:08:48
  He just has some mental issues and cognitive issues I believe
• 2:08:51
  that they want to deal with with with some some help in the
• 2:08:54
  mental health case. Though we have.
• 2:08:55
  A lot of ideas from now. Well, you keep staring at me
• 2:08:59
  when you're saying that, and I understand why.
• 2:09:00
  The mothers? No.
• 2:09:06
  So the man is confident? Yes, Sir, we're going to do
• 2:09:12
  then. Well, he he has some jail credit
• 2:09:14
  and he'll accept the the state's offer one year state jail if.
• 2:09:17
  He wants to go along with that. What do you do?
• 2:09:19
  What's in his best probably to accept the one year state jail
• 2:09:24
  because he's got a bunch of credit and he'd be released
• 2:09:27
  really soon and then from the state talk to probation chief's
• 2:09:33
  dealt with him more than I have just.
• 2:09:35
  We wanted to continue to have on probation and put him on a
• 2:09:37
  mental placehold. Otherwise, we wanted to continue
• 2:09:41
  they. Intense mental health.
• 2:09:43
  No, just the. Mental health case symbol.
• 2:09:46
  Why? He does have a traumatic brain
• 2:09:50
  injury and he recently went to Spenotop and he was diagnosed
• 2:09:53
  with bipolar one disorder and he has been he was prescribed
• 2:09:56
  medication and everything and we wanted to keep that going in the
• 2:10:00
  treatment that he. Needed OK, what happened on this
• 2:10:04
  allegation here that he did He failed to obey all the rules of
• 2:10:08
  the substance abuse only safe piece.
• 2:10:12
  If he fails to do that, why would we think he would be
• 2:10:16
  successful in other requirements?
• 2:10:18
  His original counselor that he had while he was in treatment
• 2:10:22
  passed away and they were aware of his limited cognitive
• 2:10:27
  abilities and the new counselor that he was assigned to, they
• 2:10:32
  were not aware. So the extra assistance that he
• 2:10:35
  was receiving, he wasn't. How could they not be aware?
• 2:10:39
  I mean, isn't it in the file? I mean, isn't it paperwork
• 2:10:42
  everywhere or? Or did they have?
• 2:10:44
  Or was the head in the sand? It's where it was helpful.
• 2:10:49
  OK, don't answer that. The application though.
• 2:10:58
  What did he fail to do that he should have done?
• 2:11:01
  Attended groups. In.
• 2:11:05
  How many group sessions did he fail to 10?
• 2:11:09
  Before. Finally, a motion was signed.
• 2:11:21
  He was instructed to attend weekly.
• 2:11:26
  And. He was instructed to attend
• 2:11:28
  weekly. How many did he fail to attend
• 2:11:32
  before? Does this show win?
• 2:11:36
  Let's see if we kind of became a walls
• 2:11:53
  this Mr. Darcy have a plan of getting some kind of treatment
• 2:11:56
  or help if he goes to. State.
• 2:11:59
  Jail and then his release, I think he was continue is.
• 2:12:03
  What he does? Right.
• 2:12:05
  So if you've been doing, yeah, I was continue.
• 2:12:07
  Spending some Yes Sir, I got this penalty.
• 2:12:11
  Were you at the spindle top facility before you committed
• 2:12:14
  this offense? Or is it just since you
• 2:12:17
  committed this offense that you went to the spindle top?
• 2:12:20
  I was before all of this. Yes, Sir.
• 2:12:25
  When did you start to spend with time do?
• 2:12:27
  You remember. Like.
• 2:12:29
  Years. Ago I.
• 2:12:34
  Can't recall because I got an immediate.
• 2:12:35
  I can't recall what day I started, even what day I was
• 2:12:38
  not. That she was just assigned I
• 2:12:40
  think the aftercare requirements was ordered in February of 25
• 2:12:47
  and as of January 29th of twenty 26th and Finn it was
• 2:12:51
  unsuccessfully discharged from the Cheyenne Center.
• 2:12:54
  He repeatedly missed groups at the center even after he was
• 2:12:57
  assigned a positive peer to remind him to attend is all I
• 2:13:00
  have on the report. You got to help yourself.
• 2:13:04
  You know OK from probation. What happens if he doesn't what
• 2:13:12
  happens? Scott mentioned what happens if
• 2:13:14
  we just give him credit for time served, I guess for a year, Is
• 2:13:18
  that right? He's got about a year or so, a
• 2:13:20
  little less. He does a few to more days, but
• 2:13:24
  then he's released. What's going on to help him do
• 2:13:30
  what he needs to do because we have a.
• 2:13:37
  Can I see the presentation? Yes, Sir.
• 2:13:39
  Thank you. You know what I'm looking for?
• 2:13:42
  It's criminal history. Just for the clerk certification
• 2:13:59
  the the restitution in the case, I think it's been paid off so.
• 2:14:22
  Unauthorized use of a motor vehicle stealing cars.
• 2:14:28
  I'm looking at this for four different types of dispositions,
• 2:14:33
  not only in this county, but in Liberty County, Wharton County,
• 2:14:38
  Taylor County. That's a lot of unauthorized use
• 2:14:47
  stealing cars in different counties.
• 2:14:50
  Why did you do that? Because they're bringing all
• 2:14:53
  around we, they told me. Four times.
• 2:14:55
  This is 4 different counties. What they told me they deal too,
• 2:14:59
  Sir. I'm sorry.
• 2:15:01
  They they had. They had.
• 2:15:07
  Other people lied to me. There was a vehicle but I didn't
• 2:15:09
  understand. I didn't know there was a.
• 2:15:11
  Vehicle until I got the law put me over and told me.
• 2:15:15
  Well, they told me that they were they.
• 2:15:18
  OK. But you would put on.
• 2:15:19
  Probation here before me, right? Right.
• 2:15:22
  For unauthorized use of a motor vehicle.
• 2:15:25
  Did you lie to me when you were entering your plea and you said
• 2:15:29
  you were guilty? I swear to God that's what you
• 2:15:32
  said. I swear to God.
• 2:15:33
  I am guilty. OK, so.
• 2:15:36
  You were guilty of that. Yes, Sir.
• 2:15:38
  OK, The other findings, were you placed on probation, you would
• 2:15:43
  have had to say the same thing to the judge.
• 2:15:45
  That's normal. That's the way we do things in
• 2:15:48
  the law. Were you lying to them when you
• 2:15:51
  said you were guilty? No, Sir.
• 2:15:53
  Well, somebody's wrong. I don't think it's the judge.
• 2:15:56
  They follow kind of a rule of procedure under the law.
• 2:16:02
  Do you think you need more assistance that we can help you
• 2:16:05
  with that the probation office has been helping you with?
• 2:16:10
  You have to attend. It's like it's in your best
• 2:16:13
  interest. I'm looking here Mr. and.
• 2:16:16
  I think you. Still need some assistance
• 2:16:20
  that's in your best interest. I'm not talking about staying in
• 2:16:23
  jail. I'm talking about being assisted
• 2:16:25
  when you're out on a on under my supervision and going to see
• 2:16:30
  medical treatment to ensure that that whatever problems you have
• 2:16:36
  get corrected and get fixed. If it's from what I'm reading
• 2:16:39
  here, this is fixable and you can deal with it responsibly and
• 2:16:44
  live a very happy, responsible life.
• 2:16:48
  But it's obvious that you still need some care and that is in
• 2:16:55
  your best interest, I believe. I also want to point out to the
• 2:16:58
  court, I've got a letter that I received from his mother.
• 2:17:02
  It says that as soon as he gets out of jail that she is working
• 2:17:05
  on getting him some doctor appointments to deal with his
• 2:17:10
  Yeah, it rain and drink in those conditions there.
• 2:17:12
  All right, so she's just asking, how about that?
• 2:17:14
  It would that be? Good if we can get.
• 2:17:15
  You out of here. Here's the problem though.
• 2:17:18
  What we're going to end up doing is for this the criminal history
• 2:17:22
  is replete with with problems. What the court needs to do is
• 2:17:28
  revoke his probation, find him guilty sentence into time,
• 2:17:35
  sentence him to two years, give him credit for time served,
• 2:17:39
  place him on regular probation now.
• 2:17:42
  This is the only way to keep this supervision.
• 2:17:47
  Sure, go. Yeah, I think that's the way to
• 2:17:50
  do it. He's been in in problems enough.
• 2:17:53
  So this is the five year probation judge.
• 2:17:55
  You can just extend him up. To.
• 2:17:57
  Another few years, you don't have to go to the provoking.
• 2:18:00
  We can. Well, he's on, but how many?
• 2:18:08
  The problem is, is what he's charged with again, and this is
• 2:18:12
  not following the rules. And this was to help him to go
• 2:18:16
  to the residential treatment center.
• 2:18:18
  I mean, what I don't want to do is open a door.
• 2:18:21
  What's good for Mr. Dorsey is good for everybody else.
• 2:18:24
  I sent somebody there and then they don't go.
• 2:18:26
  We catch them, bring them back, and then they say, well, I'll go
• 2:18:29
  from now on. I want the Brandon Darcy rule.
• 2:18:33
  What's fair is fair, and that's why I don't want to open a door.
• 2:18:37
  You were ordered to do this and you didn't.
• 2:18:40
  You've got to pay a price. And that's what I'm suggesting
• 2:18:44
  that we do here. That's what I want to do.
• 2:18:46
  To revoke him sentencing, placing back on regular
• 2:18:50
  probation now, OK. And and him get the treatment
• 2:18:55
  that he needs. We all know it.
• 2:19:00
  He's not doing well on his own treatment, OK.
• 2:19:03
  Your call. All right, Mr. Darcy, raise your
• 2:19:10
  right hand. Do you solemnly swear or affirm?
• 2:19:12
  Any statements you make during this hearing shall be the truth,
• 2:19:14
  the whole truth, and to nothing but the truth.
• 2:19:16
  So help you God. Lower your hand, Sir.
• 2:19:19
  Does the defendant wave a formal reading of this motion to revoke
• 2:19:22
  unadjudicated probation filed on March 9th of this year?
• 2:19:26
  Can we proceed? In summary?
• 2:19:28
  In summary, Mr. Darcy, this motion to revoke probation
• 2:19:32
  states that on May 4th, 2022, going on four years ago, that
• 2:19:39
  you were placed on deferred or unadjudicated probation for a
• 2:19:44
  period of five years for the state jail felony of
• 2:19:47
  unauthorized use of a motor vehicle.
• 2:19:50
  Is all of that true? Allegation 1 states that you
• 2:19:56
  fail to obey all rules and regulations of the Substance
• 2:19:59
  Abuse Felony Punishment Program. We call that safety and SAFPP we
• 2:20:07
  call it safe. P and you were unsuccessfully
• 2:20:10
  discharged from the Cheyenne Center Residential Aftercare as
• 2:20:15
  part of the Substance Abuse Felony Punishment Program.
• 2:20:19
  Because you failed to participate, fully participate
• 2:20:22
  in the program as required and as directed by the court, and
• 2:20:25
  that was a violation of a special condition of probation
• 2:20:32
  which was added to your probation on February 4th, 2025.
• 2:20:38
  And it's all of that true and correct.
• 2:20:39
  So are you pleading true and correctly this voluntarily and
• 2:20:44
  because it is true, Do you understand that a voluntarily
• 2:20:53
  and may lead true to one or more violations of probation.
• 2:21:00
  That is enough to grant this motion to revoke probation.
• 2:21:04
  Your deferred or unadjudicated probation can be revoked and you
• 2:21:09
  can be placed on either a regular probation and you would
• 2:21:14
  be found guilty, placed on regular probation, or you could
• 2:21:16
  be found guilty and then sentenced to the state jail for
• 2:21:20
  up to two years. Those are the two options and
• 2:21:23
  what I'm proposing is placing you back on probation.
• 2:21:32
  Nonetheless, are you pleading true, knowing all of this
• 2:21:35
  voluntarily and because this allegation is true, I find that
• 2:21:42
  you're pleading true voluntarily.
• 2:21:44
  You understand and appreciate the consequences of pleading
• 2:21:47
  true. Here's what I'm going to do.
• 2:21:50
  Anything else to add? I'm going to find, if nothing
• 2:21:54
  further, that there is sufficient evidence supporting
• 2:21:56
  this motion to grant it by preponderance of the evidence or
• 2:21:59
  greater as Allegation 1 is proven true and by a
• 2:22:05
  preponderance of the evidence, and thus this motion to revoke
• 2:22:08
  on adjudicated probation is hereby granted.
• 2:22:13
  Earlier in this case, you pleaded guilty to the state jail
• 2:22:18
  felony of unauthorized use of a motor vehicle voluntarily.
• 2:22:21
  You were mentally competent to do so.
• 2:22:23
  You understood and appreciated the consequences of pleading
• 2:22:27
  guilty. There was sufficient evidence
• 2:22:29
  supporting your guilt of plea from State's exhibit wanted
• 2:22:32
  admitted at your plea hearing originally to find you guilty
• 2:22:35
  beyond a reasonable doubt. We deferred any finding of
• 2:22:38
  guilt. Now this motion to revoke
• 2:22:40
  probation is hereby granted. I therefore now find you guilty
• 2:22:45
  beyond a reasonable doubt of the State jail felony of
• 2:22:48
  unauthorized use of a motor vehicle and you were hereby
• 2:22:52
  sentenced to confine it in the State jail for two years.
• 2:22:56
  But I'm going to suspend that confinement and place you on
• 2:23:00
  regular probation for five years.
• 2:23:04
  You have already served about four, four.
• 2:23:09
  So you're going to be on probation for kind of about a
• 2:23:12
  one more year or so and you will be ordered to not just once.
• 2:23:19
  You're welcome. If you do five years, I guess
• 2:23:21
  you could release him early, but he's going to be on for 500
• 2:23:24
  probation. OK, the most we can put him on
• 2:23:28
  then. And Judge cut his audio.
• 2:23:43
  Okie dokie, let's try to bump past that.
• 2:23:54
  Nope, we don't get to hear the end of that.
• 2:23:56
  Okie, dokie, let's go, Let's go across the hall, Judge W again.
• 2:24:05
  And on Carlos Bettencourt to sentencing, sorry, they have the
• 2:24:10
  wrong name on the pre sentence report.
• 2:24:14
  Thank you, Mr. Nichols. All right, Sir, are you Carlos
• 2:24:20
  Bettencourt? Yes, Sir.
• 2:24:22
  And Mr. Bettencourt was previously in court and clause
• 2:24:25
  #25 BCCR 0798 entered a plea of guilty to evading arrest or
• 2:24:30
  detention with the use of the motor vehicle.
• 2:24:33
  I've received that pre sentence report.
• 2:24:35
  Has everyone had an opportunity to review the report?
• 2:24:37
  We have right enough directions. I have your.
• 2:24:39
  Any issues? No issues.
• 2:24:41
  All right, Sir, I'm going to find that you previously entered
• 2:24:44
  your plea of guilty freely and voluntarily find sufficient
• 2:24:47
  evidence to find you guilty. However, I'm going to follow the
• 2:24:50
  agreement that you made with the District Attorney and defer all
• 2:24:53
  proceedings and place you on probation for five years.
• 2:24:56
  You're ordered to pay the $500 fine and to follow all of the
• 2:24:59
  rules and conditions of probation.
• 2:25:01
  If you do that, this is an excellent opportunity because
• 2:25:04
  you don't have the felony conviction on your record, and
• 2:25:07
  if you satisfactorily complete the probation at the end, the
• 2:25:10
  case is actually dismissed. You'll never have the felony
• 2:25:12
  conviction. The other side of that is if you
• 2:25:15
  violate any condition of probation at all, you can be
• 2:25:17
  brought back into court. You could be found guilty.
• 2:25:20
  So you would have the felony conviction, and you could go to
• 2:25:22
  prison for anywhere in the punishment range, which is
• 2:25:24
  between two years and up to 10 years.
• 2:25:27
  Do you understand? I'm handing you the trial court
• 2:25:30
  certification that shows this was an agreement that I
• 2:25:33
  followed. And so you've waived your right
• 2:25:34
  to appeal. You need to have a seat here in
• 2:25:37
  the courtroom. Probation's going to call you up
• 2:25:38
  to her desk when she's ready to go.
• 2:25:40
  All right. Good luck to you, Sir
• 2:25:43
  Christopher Styles. It's a sentencing Mr. Balmore,
• 2:25:59
  good morning. Sorry, Christopher Styles and
• 2:26:02
  this is 25 BCCR 05/9 Forum. Mr. Stiles was previously in
• 2:26:07
  court and under pleaded guilty to the state jail felony offense
• 2:26:10
  of abandoning or endangering a child.
• 2:26:12
  I've received the precedence report.
• 2:26:14
  Has everyone had an opportunity to review the report?
• 2:26:17
  We have just state answers. Is there any objections or
• 2:26:26
  explanation? There's an explanation in your
• 2:26:29
  honor, there is a statement that's made under the
• 2:26:32
  defendant's version that I know would probably cause the court
• 2:26:34
  some concern. I would like to point out a
• 2:26:37
  couple of things. Number one, there was more
• 2:26:39
  discussion about that in his personal interview.
• 2:26:45
  I was present for that interview.
• 2:26:47
  That specific sentence was actually pulled from the
• 2:26:51
  questionnaire that was filled out prior to the interview.
• 2:26:55
  So there was more discussion. It wasn't just simply just that
• 2:26:58
  one statement, but what that relates to is #1 we'll go back
• 2:27:02
  to the beginning of this. In this case, he entered a plea
• 2:27:05
  of no contest. And I, and I think he could
• 2:27:08
  probably address better exactly why he made that statement and
• 2:27:12
  why he's still wanting to move forward with the no contest.
• 2:27:15
  Plea. You have anything to say?
• 2:27:19
  And that was one where you y'all agreed for two and no contest
• 2:27:23
  because I typically don't. Do that we agreed and the court
• 2:27:26
  was OK. At least at that time.
• 2:27:29
  OK. So then any issue going forward,
• 2:27:31
  Mr. Coleman? I'm just very concerned about
• 2:27:34
  going forward giving the what appears to be that lack of
• 2:27:38
  acceptance of responsibility judgement, same to the effect
• 2:27:41
  that I don't feel like committed a crime gives me some concern.
• 2:27:45
  Yeah. Well, I know there's with the,
• 2:27:49
  there will be some mental health treatment and because of that
• 2:27:54
  and because of what you guys looked at ahead of time for that
• 2:27:56
  no contact, I mean the, the no contest.
• 2:28:01
  Obviously I was looking at also the contact issue, but I think
• 2:28:07
  I'm willing to go forward. What about the restitution that
• 2:28:11
  it looks like there was a total restitution amount and.
• 2:28:13
  I want to say if everything looked correct except for there
• 2:28:15
  was 1, I believe the first item may have been a bill not paid,
• 2:28:19
  not a receipt. So I think that was the only
• 2:28:21
  question I had. I kind of forgot about that, but
• 2:28:23
  I'm not sure that was paid or not.
• 2:28:26
  Well, we're don't contest it at all.
• 2:28:27
  It's just, I just don't know if that was incurred or if that was
• 2:28:30
  the original build amount, but we're not opposed to that just
• 2:28:33
  being corrected at a later time. The way it shows it was no
• 2:28:37
  insurance payments or adjustments applied to the
• 2:28:39
  patient balance. Was that 1300?
• 2:28:42
  So if it's the patient's balance.
• 2:28:43
  But the other ones were had insurance deductions.
• 2:28:45
  There was insurance. Right.
• 2:28:47
  So here's what I'll do. I can always just order in an
• 2:28:49
  amount not to exceed that total amount.
• 2:28:52
  And that way if there's anything that comes up, he's responsible
• 2:28:55
  for it unless there's some proof to the probation department that
• 2:28:59
  that's been paid or reduced. OK.
• 2:29:02
  All right then, Mr. Stiles, at this time I'm going to find that
• 2:29:04
  you previously entered your plea of guilty freely and voluntarily
• 2:29:08
  find sufficient evidence to find you guilty.
• 2:29:10
  However, I'm going to follow the agreement that you made with the
• 2:29:13
  District attorney's office and defer all proceedings and place
• 2:29:16
  your probation for five years. You are ordered to pay $500 fine
• 2:29:21
  as well as restitution in the amount not to exceed 1605
• 2:29:27
  hundred. I'm sorry, $1655.24.
• 2:29:33
  You're also to follow all of the rules and conditions of
• 2:29:36
  probation. That includes having only
• 2:29:38
  supervised contact with the victim.
• 2:29:42
  In the case that you will have a mental health evaluation and any
• 2:29:49
  type of treatment that is required, you will be ordered to
• 2:29:52
  do that. Whether it's counseling,
• 2:29:54
  medication, whatever it is, it's now part of your probation and
• 2:29:57
  all that's just meant to make you make it where you can be
• 2:30:00
  more successful in life. And obviously on probation, if
• 2:30:03
  you do everything that you're supposed to on this probation,
• 2:30:06
  it's an excellent opportunity because you do not have a felony
• 2:30:09
  conviction on your record. And at the end of the probation
• 2:30:12
  period, if you're successful, the case is actually dismissed.
• 2:30:15
  You'll never have a felony conviction.
• 2:30:17
  The other side of that, however, is if you violate any condition
• 2:30:20
  of probation, you can be brought back into court and you could be
• 2:30:24
  found guilty and you can go to the state jail prison for
• 2:30:27
  between six months and up to two years.
• 2:30:28
  Do you understand? I'm going to hand you trial
• 2:30:35
  court certification that shows this was an agreement that I
• 2:30:38
  followed. And so you have way to right to
• 2:30:40
  appeal. You need to have a seat here in
• 2:30:43
  the courtroom. Probation is going to call you
• 2:30:45
  up to her desk when she's ready to go over your paperwork.
• 2:30:47
  Good luck. You, Sir.
• 2:30:48
  Thank you. Thank you, Austin.
• 2:31:00
  Austin Talbot. Alexa Birch, Good morning.
• 2:31:12
  You're Austin Talbot? Yes, ma'am.
• 2:31:13
  And this is cost over 20-35335. Mr. Talbot is on probation for
• 2:31:18
  aggravated assault causing serious bodily injury.
• 2:31:21
  There's been a motion to revoke file.
• 2:31:23
  Mr. Galmore, what is the announcement?
• 2:31:25
  Judge, I believe we have a proposal for the court.
• 2:31:29
  We would like the court to consider Minister of Tommy would
• 2:31:32
  enter pleas of truth and the agreement is that he would be
• 2:31:35
  extended for one year because it's probations already expired.
• 2:31:39
  He's already passed his expression date, so he'd be
• 2:31:41
  extended for one year by agreement.
• 2:31:45
  And that would be subsequent to an updated PSI on whatever terms
• 2:31:49
  and conditions you might I think necessary.
• 2:31:52
  Was my intention that he enter a plea of true to the Tyler County
• 2:31:55
  DWI so that the updated PSI could take those factors into
• 2:31:59
  account. There are court dates set for.
• 2:32:01
  They don't. Believe.
• 2:32:01
  That they've. Been resolved yet so it'd.
• 2:32:04
  Be a little bit. Difficult for me to prove it up,
• 2:32:06
  but if it will enter a plea of true and and do an update, I'm
• 2:32:09
  not opposed to continuing him for some period of time or
• 2:32:13
  degrees and that's obviously the main thing.
• 2:32:16
  There's also a large arrearage, correct?
• 2:32:21
  I guess, ma'am. He did get another job.
• 2:32:25
  Now he lost his job, got another job in Newton County, right?
• 2:32:29
  Did you have to move with a toddler town or?
• 2:32:30
  Newton. No, I'm working in Angelina
• 2:32:34
  County and I'm. Working for you let's.
• 2:32:35
  Say lawn services, that's all in place that will fire me.
• 2:32:38
  So he he believes he'll be able. To knock off that arrear.
• 2:32:41
  Yes, ma'am. And I'm waiting on tax money
• 2:32:43
  too. So that's what.
• 2:32:45
  I'll look. Forward to pay it off.
• 2:32:46
  OK. I guess it looks there must have
• 2:32:51
  been an issue obviously early on with some alcohol issues and you
• 2:32:59
  went through the ATAR program. And so it looks like you were
• 2:33:03
  supposed to have an A court ordered interlock device on his
• 2:33:07
  vehicle. But part of this is that he left
• 2:33:11
  not just didn't have one, but all that happened in Tyler
• 2:33:13
  without that as well, which obviously gives me concern.
• 2:33:16
  Do you have that on your vehicle at this time?
• 2:33:18
  I have a both a lot of thing that I carry a person OK below 4
• 2:33:22
  times a day. OK.
• 2:33:23
  And you're not driving, OK. And it looks like you signed
• 2:33:30
  some time ago. I know that you would not drive
• 2:33:32
  with probation, correct? OK.
• 2:33:35
  So then I guess let's go through the motion today and we'll reset
• 2:33:39
  it for sentencing. Let me get that pulled out.
• 2:33:47
  Mr. Talent, which please raise your right hand.
• 2:33:49
  Do you swear, affirm the testimony you're going to give
• 2:33:51
  in this hearing to be the truth, the whole truth and nothing but
• 2:33:53
  the truth? Thank you.
• 2:33:55
  And will he waive the formal reading of the motion?
• 2:33:59
  So again, in clause #20-35335I have a motion to revoke your
• 2:34:04
  unadjudicated probation shows that you were placed on
• 2:34:07
  probation March 22nd of 2021 for the offense of aggravated
• 2:34:12
  assault causing serious bodily injury, a second degree felony.
• 2:34:15
  And that was a five year deferred probation.
• 2:34:17
  Is that correct? And it alleges that you violated
• 2:34:21
  your probation. Count 1 alleges that you
• 2:34:25
  committed the offensive driving while intoxicated second on May
• 2:34:29
  20th of 2025 in Tyler County, Texas.
• 2:34:32
  And is that true or not true? Thank you.
• 2:34:36
  Count 2 alleges that you failed to remain in Jefferson County,
• 2:34:38
  Texas, as you were ordered, and that you were in Tyler County on
• 2:34:41
  May 20th of 2025 without permission.
• 2:34:44
  Is that true or not true? True.
• 2:34:48
  OK, you sound like you're not sure about that one.
• 2:34:52
  Did you have permission to be in Tyler County from probation?
• 2:34:56
  No. OK, Count 3 ledges that you
• 2:35:00
  failed to provide verification of performing the community
• 2:35:04
  service hours is required. Is that true or not true?
• 2:35:07
  True. Sorry.
• 2:35:09
  Count 4 ledges that you failed to abstain from the use of
• 2:35:12
  alcohol and that on May 20th of 2025 you were arrested for
• 2:35:15
  driving while intoxicated. And Tyler, is that true or not
• 2:35:18
  true? Count 5 alleges that you're
• 2:35:21
  behind in your port assessed fees as of January 13th, 2026 in
• 2:35:25
  the amount of $4357. Is that true or not true?
• 2:35:32
  Count 6 alleges that you violated the court ordered
• 2:35:35
  interlock device by operating a vehicle on May 20th of 2025 that
• 2:35:39
  did not have that device on it. Is that true or not true?
• 2:35:48
  All right, did you enter your police of truth accounts one
• 2:35:50
  through 6 freely and voluntarily and because those counts are
• 2:35:53
  actually true? All right, then I'm going to
• 2:35:56
  find that you enter your police of truth to one through 6 freely
• 2:35:58
  and voluntarily, find those counts truth, find sufficient
• 2:36:02
  evidence to find you guilty and revoke your probation.
• 2:36:04
  However, I'm going to reset your case for sentencing, so the
• 2:36:07
  probation department can do an updated report and then we'll
• 2:36:10
  come back with the notation that it is the agreement to extend
• 2:36:15
  probation by one year. And then I'll look at any other
• 2:36:18
  conditions based on that report. I guess that might be necessary.
• 2:36:22
  That's our understanding. You are.
• 2:36:23
  OK, if you'll just stop and talk to probation at the desk over
• 2:36:26
  there on your way out, we'll see you back at 7.
• 2:36:28
  I'm sorry, man. Just a couple things while we're
• 2:36:30
  here. Yeah.
• 2:36:30
  Wait. Yeah, Wait just a second.
• 2:36:31
  Go ahead, man. Judge, I handled this case
• 2:36:35
  originally. And would you please just
• 2:36:37
  admonish the complaint that there have been no issues,
• 2:36:40
  thankfully in probation to my knowledge, to continue his
• 2:36:44
  because his probation has expired and we haven't yet
• 2:36:47
  extended it out technically. Would you, would you please
• 2:36:50
  admonish him to continue that no contact with the underlying
• 2:36:54
  complainant, Amy Barnato? And also, just so the court is
• 2:36:57
  aware. A lot of.
• 2:36:59
  Times those fees look like they're owed to probation.
• 2:37:03
  In this case it was a segregation issue and they are
• 2:37:06
  owed to an insurance. OK.
• 2:37:09
  So obviously you're because the motion is pending even though
• 2:37:13
  the time has run, you're technically still on probation
• 2:37:16
  because the motion holds it open.
• 2:37:18
  So you're still on probation. Same conditions apply that
• 2:37:21
  you've been on if the no contact and trying to get that money
• 2:37:26
  paid as quickly as possible as yes you are OK.
• 2:37:29
  Yes, you can ask me questions over.
• 2:37:32
  Here OK. And if y'all need anything just
• 2:37:34
  let me know OK? Thank you.
• 2:37:34
  Judith, thank you. I need to.
• 2:37:37
  Get your thought? We're going.
• 2:37:39
  To. All righty friends, TCF live.
• 2:37:42
  It's Monday in our final half hour.
• 2:37:45
  For today, let's go back up to Michigan.
• 2:37:48
  We'll check in with Judge De Santo.
• 2:37:51
  Plus, would you prefer to stand up?
• 2:37:53
  What's easier for? OK, I guess it's good to stand.
• 2:37:57
  OK. All right, OK.
• 2:37:59
  And so man, you're need for the record, please.
• 2:38:02
  I lost everything. OK.
• 2:38:04
  And so today is the date scheduled for sentencing for
• 2:38:08
  your client on the amended charge of disorderly conduct.
• 2:38:12
  The original charge of assault and battery was dismissed by way
• 2:38:15
  of resolution between Council. Is Tannis Margaret present?
• 2:38:20
  No. OK, all right.
• 2:38:21
  And so Council, do you have an opportunity to review the report
• 2:38:26
  and recommendation with your client?
• 2:38:27
  I did, Your Honor, and at this time there's no additions,
• 2:38:30
  deletions or corrections that need to be made.
• 2:38:32
  I would just like to highlight that Miss Patterson does not
• 2:38:35
  have any prior permanent history whatsoever.
• 2:38:37
  This stems from a bad relationship that went S She was
• 2:38:44
  in a long term relationship with the gentleman she no longer is.
• 2:38:50
  She understands that her emotions got the best of her and
• 2:38:53
  she plans to never allow this to happen ever again.
• 2:38:56
  So I do believe. She.
• 2:38:59
  Is eligible for 771.1 so I just asked that she be sat in the
• 2:39:03
  sole. And so did you break your ankle
• 2:39:11
  between the date, the date of your interview and today?
• 2:39:17
  Yes. OK.
• 2:39:19
  It did happen over this past weekend.
• 2:39:21
  Oh, OK, that's not good. All right, OK.
• 2:39:26
  And so the court will note. Well, so does that affect your
• 2:39:30
  employment as well, Ma'am? Yes.
• 2:39:33
  OK. So are you on?
• 2:39:35
  You're going to be on a leave of absence.
• 2:39:36
  Yeah, I am right now, Short term ability.
• 2:39:39
  I'm supposed to be able to return back to work in May 24th.
• 2:39:42
  OK. I'm just going to make a note
• 2:39:44
  back. And obviously any sort of
• 2:39:48
  community service or workforce would would be somewhat
• 2:39:52
  difficult. For her to.
• 2:39:53
  Please, you understand she'll need to do so at some point, but
• 2:39:56
  it'll be kind of a slow start of.
• 2:39:58
  Course to. Begin.
• 2:39:59
  OK, all right. And.
• 2:40:01
  Obviously, depending on how you're healing, we can, we can
• 2:40:06
  communicate with your probation officer to see if there's some
• 2:40:09
  adjustments that need to be made for that.
• 2:40:12
  All right. The Court will note after
• 2:40:14
  hearing from counsel, hearing from Miss Patterson, reviewing
• 2:40:16
  the report, the recommendation, the Court does find that there's
• 2:40:21
  reasonable grounds to department on sale 769.5.
• 2:40:25
  Given this and also given that you're eligible under 771.1
• 2:40:30
  status. And the Court also finds the
• 2:40:37
  following son is to be in the best interest of justice to be
• 2:40:39
  reasonable proportion to the seriousness of the matter.
• 2:40:41
  Taken into account the circumstances surrounding Miss
• 2:40:44
  Patterson, the Court's going to order six months probation.
• 2:40:47
  You're eligible for early discharge.
• 2:40:49
  You're also eligible under 771.1 status.
• 2:40:52
  You're not to violate any criminal law of any unit of
• 2:40:54
  government. You're not to leave the state of
• 2:40:56
  the consent of this court. You are to report truthfully to
• 2:40:59
  your probation officers. Opposite probation officer may
• 2:41:01
  require in person writing or virtually.
• 2:41:04
  You are notified probation officer immediately of any
• 2:41:06
  change in address or employment status.
• 2:41:08
  You're not in order to participate in a one day in your
• 2:41:11
  management class. The rehabilitative goal for that
• 2:41:13
  condition is to give you additional assistance in
• 2:41:16
  learning how to properly express your feelings and means when you
• 2:41:21
  are in an emotionally upsetting situation so that hopefully this
• 2:41:25
  matter won't happen again. The courts also going to order
• 2:41:28
  three days on the court workforce, the rehabilitate to
• 2:41:30
  go for that condition so you can further develop life skills that
• 2:41:32
  get back to the community. Obviously, if your healing
• 2:41:42
  doesn't allow you to do that, again, communicate with
• 2:41:44
  probation so that we can see if there's any adjustments that can
• 2:41:47
  be made. Will do $200 fine, $100
• 2:41:52
  screening assessment fee, $300.00 for the supervision
• 2:41:55
  oversight fee. That's $50.00 a month at six
• 2:41:57
  months. And since you're eligible for
• 2:41:58
  early discharge, up to half of that could be waived, $300.00
• 2:42:02
  for the cost of prosecution. Crime victim assessment fee of
• 2:42:04
  $75, Justice system assessment fee of $50.
• 2:42:08
  Workforce is $120.00. That's three days at $40 a day.
• 2:42:18
  So I believe that that's $11145.00.
• 2:42:22
  And as I did indicate, you're eligible for early discharge as
• 2:42:25
  long as all the following have occurred.
• 2:42:27
  You've completed at least half of the original term of
• 2:42:29
  probation, all probation requirements have been
• 2:42:32
  completed, You've had at least three months without any
• 2:42:34
  violations and all money have been either paid in full or
• 2:42:36
  you've made a good faith operator making full payment,
• 2:42:38
  OK. And yes, you did post a bond and
• 2:42:41
  so that can get applied and then you can work out a payment plan
• 2:42:45
  with. OK, good luck to you, Matt.
• 2:42:48
  Just have some information. Somebody will be with you
• 2:42:50
  shortly. You're welcome.
• 2:42:52
  All right, we are on the run. Well, I just had something fun
• 2:42:56
  happened. Friends, do you remember?
• 2:42:57
  You remember cash? Remember how we used to have
• 2:43:00
  that thing called paper money that we used to throw around all
• 2:43:02
  the time? And every now and then you'd get
• 2:43:04
  lucky and you'd put on a jacket that you hadn't worn in like
• 2:43:07
  forever and there'd be like a $20 bill.
• 2:43:09
  You'd fine and it'd like make your day.
• 2:43:12
  I, I had a, a $37 deposit show up in one of my accounts this
• 2:43:16
  morning that I was not planning on and it's only $37, but you
• 2:43:21
  know what? It's $37 and no, I was going to
• 2:43:23
  have so yay. Just saying.
• 2:43:27
  Let's. Go back to Judge West.
• 2:43:34
  Barlow, and this is 1726688. Mr. Barlow's on probation for
• 2:43:40
  possession of a controlled substance.
• 2:43:42
  There's been a motion to revoke file.
• 2:43:44
  What is the announcement? Judge, I think we've come to an
• 2:43:47
  agreement with the state and for us to that would allow Mr.
• 2:43:50
  Barlow to continue with his probation also thus resolve the
• 2:43:54
  issue with the case in AS. County and I I.
• 2:44:02
  Somewhere, I don't know if we want to enter the pleas now or
• 2:44:06
  how do you I would want to handle that.
• 2:44:09
  We go back to court there on Thursday.
• 2:44:11
  So. I guess is it agreed here?
• 2:44:15
  Yes. Judge, it's not.
• 2:44:16
  Understanding that those cases will not be prosecuted in Harris
• 2:44:21
  County, if we can receive confirmation of that on
• 2:44:23
  Thursday, I have no reason to doubt what Mr. Lewis has told me
• 2:44:26
  on that. And.
• 2:44:28
  Possibly. Extend Mr. Barlow, he's set to
• 2:44:31
  expire next year. If you refer to the original PSI
• 2:44:35
  judge, you will recognize his name from some other more
• 2:44:39
  egregious offenses that he was able to get out from under, so
• 2:44:44
  to speak. I would ask the court if you
• 2:44:47
  feel like we have time today, we can drug test him today just to
• 2:44:51
  make sure he's negative today. And then we wanted to defer to
• 2:44:55
  you with respect to entering, please or waiting to see what
• 2:44:58
  happens on Thursday. If we can maybe put it in a week
• 2:45:01
  or two that might might help us do whatever you want.
• 2:45:03
  OK, let's let's just double. Just make sure you're playing
• 2:45:06
  today, Mr. Barlow, have a seat in the jury box.
• 2:45:08
  We'll do that. And then I guess probably easier
• 2:45:12
  to just reset it a couple weeks and make sure that's gone.
• 2:45:14
  That way you can abandoned them instead of complete.
• 2:45:18
  Not true. Whatever.
• 2:45:19
  Let's do it that way. Typically I'd say let's take the
• 2:45:22
  place, but let's let's wait since it's just this week, OK,
• 2:45:24
  But let's do this first. Let's all take note of that
• 2:45:28
  important safety reminder from Mr. Barlow.
• 2:45:30
  They're always attend court wearing reflective yellow for
• 2:45:34
  your own safety. Good.
• 2:45:48
  Morning, are you Alyssa Bush? Thank you for filling that in on
• 2:45:54
  the front page. If it's put the courts
• 2:45:58
  information, maybe a state's offering in the agreement of the
• 2:46:02
  parties reflect the fact that the defendant has a paid full
• 2:46:05
  restitution upfront. Thank you.
• 2:46:08
  And So what we're going on is what?
• 2:46:12
  That's your employee that. Attended OK.
• 2:46:21
  And will your client with the formal reading of the
• 2:46:23
  indictment. Miss Bush in cause #25 DCCR
• 2:46:27
  1754. The state has elected to proceed
• 2:46:30
  on the lesser included often so the Class A misdemeanor of
• 2:46:33
  attempted credit or debit card abuse from September 6th of
• 2:46:37
  2025. And how do you plead to that
• 2:46:39
  charge? Are you pleading guilty freely
• 2:46:42
  and voluntarily? And because you did what they
• 2:46:45
  charged you with, I have here on the tablet some documents that
• 2:46:48
  have your signature on them that the states marked as exhibit #1
• 2:46:52
  Before you sign these, did you go over them with Mr. Lewis?
• 2:46:56
  Do you fully understand that? And do you understand if I
• 2:46:59
  follow the agreement that you've made with the District Attorney
• 2:47:02
  that you'll be waiving or giving up any right to appeal?
• 2:47:05
  And it looks like the agreement that you've reached just for a
• 2:47:07
  two year deferred probation there would be a $250 fine.
• 2:47:11
  Sounds like restitution has already been paid, so that won't
• 2:47:14
  be an issue. And you would be required to
• 2:47:16
  follow all all of the rules and conditions of probation.
• 2:47:18
  Is that your understanding? Yes, really.
• 2:47:20
  And are you AUS citizen state tenors #1?
• 2:47:24
  No, Jason. It's admitted.
• 2:47:26
  Is there any evidence that Miss Bush is not competent?
• 2:47:29
  OK. All right, ma'am, I'm going to
• 2:47:30
  find that you entered your plea of guilty freely and
• 2:47:33
  voluntarily. Find that you're mentally
• 2:47:35
  competent and understand the nature and the consequences of
• 2:47:37
  your pleas. Find sufficient evidence to find
• 2:47:40
  you guilty. However, I'm going to follow the
• 2:47:42
  agreement that you made with the District Attorney and defer all
• 2:47:45
  proceedings and place you on probation for two years if
• 2:47:48
  you're ordered to pay the 250 fine and to follow all of the
• 2:47:51
  rules and conditions of probation.
• 2:47:53
  If you do that, this is a great opportunity because you don't
• 2:47:56
  have a conviction on the record. And at the end of the probation
• 2:47:59
  period, if you satisfactorily complete it, the case will
• 2:48:02
  actually be dismissed and you'll never have the conviction.
• 2:48:05
  The other side of that, though, is if you are violate your
• 2:48:08
  probation in any way, you can be brought back into court.
• 2:48:11
  You can be found guilty of the offense and sent to the
• 2:48:13
  Jefferson County Jail for up to one year.
• 2:48:15
  Do you understand? I'm handing you the trial court
• 2:48:18
  certification that shows this was an agreement that I
• 2:48:21
  followed. And so you've waived your right
• 2:48:23
  to appeal. Excuse me.
• 2:48:25
  If you'll just have a seat here in the courtroom, probation is
• 2:48:27
  going to call you up to her desk when she's ready to go to your
• 2:48:30
  paperwork and she's sitting at that desk right over there.
• 2:48:33
  So just watch for her to call your name.
• 2:48:34
  All right, good luck to you. Thank.
• 2:48:36
  You OK?
• 2:48:55
  I did this like probably 6 months ago so let me see if I
• 2:48:59
  can remember it. I think it was something like
• 2:49:01
  this. Let's head W from Judge W to
• 2:49:05
  Judge Boyd. Who's the best with purses and
• 2:49:08
  flowers where birdies might nest.
• 2:49:09
  Yeah, that's it. There you go, Judge Boyd.
• 2:49:18
  Oh, you're not going to have any objections to my reviewing it.
• 2:49:23
  Judge. All right.
• 2:49:24
  Are the parties ready on Robert Barnett?
• 2:49:27
  Ready, Judge. All right, the Court is calling
• 2:49:30
  2025 CR 000166 State versus Robert Burnett.
• 2:49:37
  Can I have parties announced for the record?
• 2:49:41
  Jamie Rich, your honor, for Mr. Barnett.
• 2:49:42
  And are you Mr. Barnett? Yes, ma'am.
• 2:49:47
  All right. Mr. Barnett, did you review the
• 2:49:49
  motion to enter adjudication of guilt and revoke community
• 2:49:53
  supervision and State's motion to supplement pending motion to
• 2:49:57
  enter adjudication of guilt and revoke probation with your
• 2:50:01
  attorney? All right.
• 2:50:03
  And what I can tell you is this supplement was filed today.
• 2:50:10
  Defense, do you have any objections?
• 2:50:13
  No judge, it just. Modified notice.
• 2:50:14
  No judge, it just modifies the dates and not reporting.
• 2:50:18
  All right. And Mr. Barnett, are you the
• 2:50:20
  same Robert Drilling Barnett who is placed on deferred
• 2:50:23
  adjudication 2025 CR 000166 for the offensive credit card or
• 2:50:30
  debit card abuse on May 25th, 20 I'm sorry, on May 27th, 2000,
• 2:50:36
  2020 5 for a period of three years.
• 2:50:38
  Is that you all right Steve violated condition #2 on or
• 2:50:44
  about the 24th day of September 2025 in Fair County, Texas.
• 2:50:49
  The defendant Robert Billy Barnett did then and there
• 2:50:52
  failed to submit to our testing as directed by the court court
• 2:50:56
  officer, revision officer and or if you the authorized even of a
• 2:51:00
  certain. Violation of condition number.
• 2:51:02
  2. How do you plead to that true or
• 2:51:04
  not true violated condition #4 in Bear County, Texas?
• 2:51:09
  The defendant, Robert Dillon Barnett, did then, in their
• 2:51:12
  guilty report to the supervision officer as directed for the
• 2:51:15
  month of October and November 2025, in violation.
• 2:51:19
  Of condition #2. How do you plead to that true or
• 2:51:21
  not true? See only.
• 2:51:23
  Everything in violation? Any objections to the waivers?
• 2:51:27
  No judge, no objection. Did you understand by pleading
• 2:51:36
  true to violations 2 and 4 the court for finally true grant the
• 2:51:39
  motion find your guilty sentence you up to two years in the state
• 2:51:43
  jail facility and up to $10,000 fine.
• 2:51:46
  Knowing that do you still wish plead true to violation of
• 2:51:49
  conditions two and four quote will find violations of
• 2:51:53
  conditions two and four true. Is there a proposed agreement?
• 2:51:57
  Yes, Judge, there is a proposed agreement to grant state's
• 2:52:00
  motion and turn adjudication of guilt.
• 2:52:04
  It's an underlying, I'm sorry, overlying 2 years 2 / 30 and
• 2:52:09
  then I'll turn them in conditions to add the 30 days
• 2:52:13
  GPS in a town. Is out of reach.
• 2:52:15
  All right, so why would he follow this agreement he's been
• 2:52:17
  missing? He was, he was been on parole.
• 2:52:22
  He's been reporting the parole officer is going to be removing
• 2:52:28
  or withdrawing the the OR what? What is he doing close to
• 2:52:33
  discharge laws this charge last week?
• 2:52:37
  But I mean, I don't understand why he hasn't been reporting for
• 2:52:40
  this probation. That's that's why I'm, I don't
• 2:52:46
  know why I should call this agreement.
• 2:52:48
  He hasn't been present. You want to raise your right
• 2:52:52
  hand. You solemnly swear.
• 2:52:54
  Affirm. The testimony you give will be
• 2:52:56
  the truth, and nothing but the truth will help you God.
• 2:52:57
  Yes, ma'am. All right, you can lower.
• 2:52:59
  Your hand state your name for the record.
• 2:53:00
  All. Right, so and and Council, do
• 2:53:03
  you want him to ask answer these questions?
• 2:53:05
  Yes, Judge. All right, so why have you not
• 2:53:07
  been recording? Just I was going to help from my
• 2:53:10
  family, just trying to, I thought from her and just
• 2:53:13
  everything I was doing just became alive.
• 2:53:15
  So we just got off track a little bit.
• 2:53:18
  But I don't know why you didn't pick up the phone and call
• 2:53:19
  somebody. Did you pick up the phone and
• 2:53:21
  call somebody and tell them you have issues?
• 2:53:23
  What about my probation? Actually my grandmother.
• 2:53:27
  My grandmother we just got over 1 and A2.
• 2:53:40
  Probation. Is there any restitution owed in
• 2:53:42
  this case? All right.
• 2:54:07
  And this issue with his grandmother, do you have
• 2:54:11
  knowledge of that counselor he had?
• 2:54:13
  Mentioned it to me judge but I do not have anything to verify.
• 2:54:17
  All right, where's the verification?
• 2:54:20
  Call her anything, I don't have to move all that.
• 2:54:22
  Number, but your attorney can talk with her.
• 2:54:24
  All right. Once you talk with her, I mean,
• 2:54:26
  if you want to call her today, then I'll come back with my
• 2:54:29
  decision. OK, well you want to want me to
• 2:54:32
  try right now or you have a number for us?
• 2:54:42
  Oh. No, no, y'all can go talk over
• 2:54:43
  there. Who's next?
• 2:54:46
  I'm not going yet this may I approach?
• 2:54:50
  Yes, we've spoken with the state.
• 2:54:52
  They don't want to dismiss, so we're just going to be a reset,
• 2:54:55
  OK? And I don't.
• 2:54:56
  Think she's competent to take a plea at this time because of the
• 2:54:59
  medications that she's under? All right, Norma all.
• 2:55:06
  Right. Good morning.
• 2:55:07
  Please remove your hands from your pockets and today is
• 2:55:10
  scheduled for sentencing in. This matter on your client's
• 2:55:13
  plea to public. Intoxication and Council, do you
• 2:55:16
  have an opportunity to review the report and recommendation
• 2:55:19
  with your client? I did, Your Honor, at the time.
• 2:55:21
  There's no additions, deletions or corrections that need to be
• 2:55:23
  made. But I would just like to note
• 2:55:25
  that Mister Jenkins does not have any part from whatsoever.
• 2:55:30
  He is eligible, so I would just ask that you'd be given
• 2:55:36
  consideration for the YTA status.
• 2:55:39
  All right. OK.
• 2:55:45
  And so Sir, you are working part time.
• 2:55:49
  Are you a server or bartender? I'm a server, server OK.
• 2:55:53
  And while you've been on probation and you haven't been
• 2:55:57
  permitted to consume any alcohol or drugs that.
• 2:56:00
  Are not prescribed. And given where you're working,
• 2:56:04
  Sir, is that an issue for you to not use any alcohol?
• 2:56:08
  It is not you, OK? You don't have any marijuana in
• 2:56:13
  your system, correct? I did not hear that.
• 2:56:16
  I'm sorry. You don't have any marijuana in
• 2:56:19
  your system, do you? Shouldn't I?
• 2:56:21
  Should not hear other OK. Do you know?
• 2:56:29
  The individual at the home. On Chestnut I runs it out in the
• 2:56:36
  apartment or oh, so it was your, it's your neighbor.
• 2:56:45
  I I didn't hear the question the individual.
• 2:56:50
  That is alleged you were that. It says you were yelling at
• 2:56:54
  that. Was an in.
• 2:56:55
  That's a neighbor. Or did you know that person?
• 2:57:00
  I didn't know I was telling anybody here other.
• 2:57:02
  OK. Her neighbors.
• 2:57:03
  What? So it's my neighbor?
• 2:57:05
  Yes. All right.
• 2:57:05
  Well, presumably. The .177 level is.
• 2:57:10
  What gets into? That.
• 2:57:12
  Lack of recollection, correct? Yes.
• 2:57:14
  OK. And Sir, I have to tell you, So
• 2:57:18
  did you? Did you walk home from?
• 2:57:22
  In a bar. Earlier I was drinking at home
• 2:57:25
  and I left for a year's eve and soon as I went outside I blacked
• 2:57:29
  out and don't. Really.
• 2:57:29
  Remember anything after that? OK.
• 2:57:32
  So hopefully, Sir. Does the learning.
• 2:57:36
  Moment for you? Oh, it sure is, because
• 2:57:39
  fortunately you didn't. Walk out into some mainstream
• 2:57:42
  traffic or get hit by a car or do anything else that you don't
• 2:57:46
  recall as a result of your alcohol consumption.
• 2:57:50
  All right. And so then counsel.
• 2:57:53
  The court does find after hearing from counsel, hearing
• 2:57:55
  from Mr. Jenkins, reviewing the report, the.
• 2:57:58
  Recommendation. The court does find that there's
• 2:58:00
  reason in the status eligible to your client that your client's
• 2:58:05
  eligible for. The Court does find that there's
• 2:58:07
  reasonable grounds to department MCL 769.5.
• 2:58:10
  The Court also finds the following sentence to be in the
• 2:58:14
  best interest of justice to be reasonable and appropriate.
• 2:58:26
  Due to the circumstances. Surrounding Mr. Jenkins and the
• 2:58:29
  legislative guidelines, the court's going to order nine
• 2:58:31
  months probation. You're eligible for early
• 2:58:33
  discharge, which I will go over. Shortly you're also eligible
• 2:58:37
  under the whole the Home Youthful Training status.
• 2:58:48
  You are not to violate any criminal law of any union.
• 2:58:51
  Of government you are. Not to leave the.
• 2:58:53
  State office in front of this court.
• 2:58:55
  You are to report truthfully to your probation officer as
• 2:58:57
  office. Your probation officer may
• 2:58:58
  require in person and writing or virtually.
• 2:59:01
  You are to notify your probation officer immediately of any
• 2:59:04
  change in address or employment status.
• 2:59:06
  You're not using the alcohol or drugs unless prescribed to be
• 2:59:08
  subjected to random testing. The rehabilitative goal for that
• 2:59:11
  condition is so the court can monitor your progress in
• 2:59:14
  maintaining abstinence and sobriety.
• 2:59:16
  The court's also going to order you to participate in the
• 2:59:18
  chemical awareness program. The rehabilitative goal for that
• 2:59:21
  condition serves so you can further educate yourself
• 2:59:23
  regarding drug and alcohol use so you can make better informed
• 2:59:25
  decisions moving forward. And then the court's going to
• 2:59:29
  order three days on the court workforce.
• 2:59:30
  The rehabilitative goal for that condition is so you can further
• 2:59:33
  develop life skills and give back to the community.
• 2:59:36
  Any questions regarding those conditions, Sir?
• 2:59:41
  All right, the court's going to order a $200 fine, $100
• 2:59:44
  screening assessment fee, $300 supervision oversight fee.
• 2:59:47
  That's $50.00 a month. At 9:00.
• 2:59:51
  At six months. At nine months, that's the wrong
• 2:59:54
  amount. So 450 dollars, $50.00 a month
• 2:59:57
  at nine months. Since you're eligible for early
• 2:59:59
  discharge. Up to half of that can be waived
• 3:00:02
  $300.00 for the cost of prosecution.
• 3:00:04
  Crime victim assessment fee of $75.
• 3:00:06
  Justice system assessment fee of $50.
• 3:00:09
  Chemical awareness program of $75.00 in workforce is $120.00.
• 3:00:13
  That's three days of $40 a day. I believe that totals 1500 and
• 3:00:29
  $70. Probation will confirm that
• 3:00:32
  amount, Sir, and as I did indicate, you're eligible for
• 3:00:36
  early discharge. As long as all the following
• 3:00:38
  have occurred, you can get at least half of your original term
• 3:00:40
  of probation, all probation requirements have been
• 3:00:43
  completed, you've had at least three months without any
• 3:00:45
  violations, and all monies have been either paid in full or
• 3:00:48
  you've made a good faith after making full payment.
• 3:00:50
  OK, Sir, you did post a bond so that bond can be applied and you
• 3:00:53
  can set up your payment plan through probation.
• 3:00:55
  All right, luck to you, Sir. All right, All right, friends.
• 3:01:01
  That is it for today. I will be joining Michael.
• 3:01:05
  Groff tonight for in the. Blind with Mike and Dan just
• 3:01:07
  hang around here once I. Log off the stream, YouTube will
• 3:01:11
  take you over there so you can set your notification for that,
• 3:01:15
  and we'll be back here on this channel tomorrow morning, 9:00
• 3:01:17
  AM Eastern, 6:00 AM Pacific. So look forward to seeing you
• 3:01:20
  all next time. Take care, have a good day.