Latest / The Courtroom Files / May 15, 2026 Court Hearings: Judge Aquilina Sets $1M Bond, Oakley Discusses Trauma, Stevens Revokes Probation + More | TCF Podcast #292

Transcript

May 15, 2026 Court Hearings: Judge Aquilina Sets $1M Bond, Oakley Discusses Trauma, Stevens Revokes Probation + More | TCF Podcast #292 · The Courtroom Files

0:00
Good morning everybody. Happy Super Friday.
0:03
It's TCF Live. My name is Dan Sowell.
0:05
I'll be your guide on this three hour journey through
0:07
Courtlandia, which we're actually going to start in the
0:10
Wayback Machine as we wait for courts to open up and things to
0:14
develop. This is Judge Aqualina from
0:16
yesterday. All right, this is Docket 23845
0:20
FH and 23842 FH people of the state of Michigan versus
0:25
Rayshawn Thomas, the Second Council, Your appearance for the
0:29
record. Good afternoon, Your Honor, APA
0:31
Bar Buxton, on behalf of people of state, Michigan.
0:33
And Chairman Luke Goodrich from the public defender's office
0:35
here to represent Mr. Thomas, who's standing to my right.
0:38
Thank you, Sir. Please raise your right hand.
0:40
Do you swear or affirm the testimony you're about to
0:42
provide to me? The truth holds truth, and
0:44
nothing but the truth under builds your perjury.
0:46
Yes, ma'am. Thank you.
0:47
Put your hand down. Have you taken any medication
0:49
yesterday or today? Are you supposed to be on
0:52
medication? You're not on any sign of fever,
0:56
COVID or other illness. No.
0:59
Man. All right.
0:59
Thank you. And have you had enough time to
1:01
talk with your attorney? I have this as a plea hearing.
1:06
However, I do not have any paperwork behalf of the people.
1:09
Are we proceeding that way or Mr. Goodrich, do you want to
1:11
jump in? Your Honor, the People have
1:14
offered a plea offer. There was long conversations
1:18
with both me and Attorney Goodrich, and the people
1:21
ultimately offered a plea agreement to Count 3 floating
1:26
assault and added count 9 of home invasion. 2nd.
1:30
The Max for the felonious assault would be 4 years.
1:33
The Max for the home invasion second would be 15 years upon
1:37
successful plea and sentence. Count 1, Home Invasion of the
1:40
first Degree count 246 and 8. The felony firearm charges count
1:48
5, Felonious Assault Count 7, Possession of Firearm by a Felon
1:53
and the Habitual offender second status would be dismissed.
1:57
23-845-FH would also be dismissed in its entirety and
2:04
there would be a agreement for a fixed minimum sentence of 43
2:10
months to the Michigan Department of Corrections.
2:14
There have been talks back and forth between me and Mr.
2:16
Goodrich, and it sounds as though Mr. Thomas does not wish
2:20
to accept that plea offer. If Mr. Thomas were to go to
2:24
trial, I've had a chance to run the sentencing guidelines on
2:27
this case. If he is found guilty of the
2:30
charges as they are, I have the guidelines at 78 to 162 months
2:37
plus the additional 24 months that would run in consecutive
2:41
under the felony firearm charges.
2:44
For the plea offer that I have given, there is a guideline
2:47
range of 43 to 86 months. Is that full fair actor that
2:52
complete Mr. Beverage? Yes, that is the offer that has
2:55
been conveyed to Mr. Thomas, Mr. Thomas, at this time.
3:00
We'd like to. Decline that offer and speak
3:01
with him, Your Honor. He would like.
3:03
To be able to. Represent himself in order to
3:05
file some motions in this case and proceed while representing
3:09
himself, Your Honor. Sir, you would like to first of
3:14
all, the offer that was stated that's full, fair, accurate and
3:18
complete. Yes, ma'am.
3:19
OK, that's different than the other ones I have written down
3:22
prior. So and you are not interested in
3:27
that, is that correct? Did anyone force that your
3:30
cohort should make this decision?
3:32
Did anyone promise you anything that caused you to make this
3:34
decision? All right.
3:36
And you know, I don't want Mr. Goodrich to represent you.
3:41
How do I use that? So that's an argument I want to
3:44
make. What are you have arguments you
3:47
want to make? Yes.
3:48
OK. And did you get a law degree
3:50
while you were in the lock up? I said what did you get a law
3:55
degree while you were in lock up?
3:57
OK, tell me about this. Moment.
3:59
Sir, I know, but I know Mr. Beverage, in very, very long
4:05
time, I don't know anything about the conversations you've
4:08
had, but I have seen a lot of plea agreements and I'm
4:16
concerned first about of all about what the motions are.
4:22
Second, this is a plea agreement that's so good I might not even
4:26
take it because, I mean, you've been in a long time.
4:31
How long has he been in? I believe it's a 31 months.
4:34
Your Honor. OK.
4:35
So 31 months minus the 43 you have about another year if you
4:41
took the plea and it wouldn't even be a year in MBOC because
4:45
it will be probably 7 or 8 months by the time you get the
4:50
pre sentence investigation done and all of that under the if we
4:55
go to try and it looks to me like based on the preliminary
4:59
exam transcript that there may very well be a likelihood of
5:03
success. We'll talk about that in a
5:04
moment. But the guidelines, what did you
5:08
say, 78262 months, that's what I've written down, is that
5:12
right? Correct, you're on it plus the
5:13
additional 24 consecutive for the thelmy.
5:15
Firearm, so that's somewhere. My matches is so good, but
5:18
that's somewhere on the minimum of 8 1/2 to 15 years if I were.
5:25
I don't know anything about your case really.
5:29
If you were found guilty with the habitual, the whole invasion
5:34
first degree is punishable by approximately 30 years on the
5:38
minimum. It might be reasonable to give
5:40
you 15 years plus the two years, which would be 17 years even if
5:45
I look at the low end of the guidelines up to 8 1/2 years
5:49
plus two years. So that's what, 12 years or
5:53
something is 8 1/2, eight, 1010 1/2 years minus the two years
6:01
you've done this. Still a lot of time.
6:05
And even if you appealed, you'd be out.
6:09
If you took the plea deal, you'd be out before the appeal was
6:12
probably been read by the Court of Appeals.
6:14
I'm not understanding unless you have a really good defense.
6:18
So. That leads me to what motions?
6:22
Across the bind though, because our bind wrote no fiscal
6:24
circumstantial evidence, OK, just all statements alone.
6:28
OK. Well, I, I'm sorry, but I have
6:31
the transcript by it was put in here study over the two years
6:36
that you've been in for various reasons, I suppose.
6:38
But let me look, have you read the transcript?
6:42
I mean you were there at the preliminary exam, right?
6:45
And there's a couple of eyewitnesses, right?
6:47
And one of them is, let me see if I can find her name.
6:54
It appears someone who knows you pretty well, Miss Mays, Do you
6:58
know Elizabeth Mays? So her eyewitness testimony is
7:05
evident and she says under direct examination.
7:11
And so you were able to see his face.
7:13
Answered yes. Did you recognize him?
7:16
Answered yes. How did you recognize him?
7:19
I have a long time friendship with his girlfriend and him for
7:23
about 5 years. I've known him for a very long
7:25
time and it's more of like immediately when we caught eye
7:30
contact my mouth said before my mind could even like get
7:35
everything around it. I just immediately said, Ray,
7:39
why are you like if it's because of Anna, we will, I will leave
7:44
her alone. And then he took off and left.
7:48
OK, so we are going to leave that and come back.
7:52
Then it goes through how? You.
7:55
And she recognized you. And what was his name?
7:59
Ray Sean. We call him Ray Go.
8:03
Would you recognize him if you saw him today?
8:05
Yeah. Is he present in the courtroom?
8:07
Yes. OK.
8:09
Where is he located? He's off to the right in a blue
8:11
button up. OK, Witness identified you, Sir,
8:15
not somebody else you. And it goes on to say that you
8:20
were in the apartment and that goes to the elements of home
8:26
invasion, first degree, you were not invited.
8:29
And then we have a second witness as well.
8:31
So I sat in District Court as a District Court judge, and it's
8:37
probable cause to believe a crime was committed.
8:41
Probable probable cause that defendant committed the crime.
8:44
Just on that one witness alone, I would have found it over.
8:48
And that tells me that there is a reasonable likelihood of
8:54
conviction. And I will not wash the bind
8:57
over. Mr. Goodrich can he can write me
9:00
a brief that's so high it it lifts him 8 feet in the air.
9:05
Based on the transcript, the judge here, Stasia Buchanan, did
9:10
not abuse her discretion. And there could be a conclusion
9:17
from the evidence in here that you are the person who caused
9:22
these crimes. So quashing the bind over, you
9:25
can do it yourself. You can do it through Mr.
9:27
Goodrich or any other attorney I can appoint.
9:30
And the answer is that it will be denied just based on my
9:34
reading of the preliminary exam transcript, which is what I
9:37
would have to do. What's your next issue that you
9:40
won't buy or is there or is that it?
9:42
Well, I don't. Care what allegations a person
9:45
makes. I don't care what this person
9:47
says I am doing. There's no evidence and nothing
9:51
that proves she is. The evidence, Sir, I look, I I
9:55
don't care if you're going to the Department of Corrections,
9:57
if you want to go to the Department of Corrections.
9:59
We're going to do it. You don't have to take a plea.
10:02
All right, So let me let me let me make this very clear to you.
10:08
This is a final pretrial conference.
10:10
The offer will go away today. We're going to work toward
10:14
trial, which means if you interrupt me, we'll start with
10:19
contempt and I'll see you in 93 days. 93 days.
10:25
You want to have that attitude in this court.
10:28
Mr. Bevers, you're relieved he can represent himself.
10:31
And we're going to proceed to get a trial date.
10:35
We're done with trial date will be after the 93 days, which will
10:38
give him time to prepare. This delay is on him, and we
10:42
will proceed to a jury trial. You've got your wish.
10:45
Thank you. Next matter?
10:50
All righty. Good morning once again
10:52
everybody. It's TCF live on a Super Friday.
10:54
Good to have you all here again. We are in the Wayback Machine.
10:57
To be honest with you, I am not impressed with what's out there
11:00
for live court at the moment. A couple of courts are running
11:05
dealing with matters that just aren't that exciting and or
11:09
landlord tenant, which is generally super not exciting.
11:12
So we're going to hang out in the Wayback Machine for a little
11:15
while longer while we wait for things to develop, but let's go
11:20
to yesterday's docket with Judge Oakley and spend a little time
11:25
there. William Council, your
11:28
appearance, please. Thank.
11:34
You all right here for sentencing, correct?
11:37
All right. Have you 2 had a chance to go
11:39
over the report and recommendation council?
11:43
No corrections. Anything to add by way of
11:46
allocution? He's really, really, really
11:56
taking. This.
12:00
Serious. Good.
12:01
How long you been in? Since April.
12:05
OK. How's it going?
12:06
So fairly fresh. Yeah.
12:08
OK, So what I noticed with a lot of my participants is the first
12:12
couple months are are tough because they're just they're
12:14
trying to figure out how to juggle everything and time
12:16
management. Everything else are are you
12:18
struggling a little little bit? It's it's part of Gmail.
12:22
So at the beginning a little good, good, good, good.
12:30
I'm glad you're in. I'm glad, glad you're in the
12:32
program. All right.
12:33
Anything else? Yeah.
12:40
I'm working there. I'm doing good.
12:42
My manager wants to promote me next year.
12:43
Oh, that's a new job, too. Yeah.
12:45
Good, good. All right.
12:47
Anything else you want to add? Sounds like here I just said we
12:51
would appreciate if you could set the recommendation.
12:54
I'm going to good good. So I want to give you something
12:58
to think about and and I'm adopting in full recommendation.
13:02
We'll we'll we'll make that official in a minute.
13:05
I saw were you familiar with the adverse, adverse childhood
13:10
experiences before you took the assessment for us?
13:14
Are you are OK, So you came in at a six, which is a fairly high
13:18
number. I want to encourage you to do
13:21
some research because I'm going to guess I think you and I could
13:25
have a really interesting conversation if we sat down over
13:28
a couple of hot beverage and talked about your childhood.
13:32
And I'm going to bet that over the last 30 years, you've had
13:37
this thought through your head a lower times.
13:39
Like, what the hell was I thinking?
13:40
Why? Why?
13:40
Why am I doing that? OK, I want you to get into this.
13:44
I want you to play around on the Internet and do a little
13:47
research on adverse childhood events.
13:50
When I first got turned on to that concept at some kind of
13:54
judicial seminar, some I I went to something about trauma.
13:58
You're in your prison council. Just bear with me.
14:03
And they, they kind of wet my interest by by giving me some
14:07
like some of the high points of the whole thing.
14:09
And then I started doing some research.
14:12
And I found the. The, the like the premier study
14:14
that started the whole thing and it was, I don't remember now,
14:17
but it seems to me it was. But you know, ancient history
14:19
was like back in the late 70s, early 80s or something like
14:21
that. But adverse childhood events are
14:25
basically anything that could be traumatic and trauma.
14:28
Your trauma is not my trauma. So for example, you at 12 years
14:33
old, you might have been in a car, car accident with your
14:37
family. I could have been in the exact
14:39
same car accident with my family at 12 years old.
14:41
You might have it might have been traumatic for you and not
14:43
traumatic for me. OK, so that that's where it gets
14:46
really interesting to me. But all these different
14:50
childhood traumatic events add up.
14:54
And here's here's and I'm, I'm trying to make this short for
14:57
you, but I really, really encourage you to get into it
14:59
and, and look into it because I think it's going to answer a lot
15:01
of questions you've had about your life.
15:03
So for example, you're an engineer.
15:05
So I, I have an idea how your brain works because I, I got
15:08
buddies that are engineers. They don't think like I do,
15:10
right? I mean, you don't, you, you guys
15:12
don't process like other people process, all right.
15:15
But your brain, you know, our brains are developed or are
15:19
designed to develop a certain way and you know, our norm,
15:23
right? And then something happens,
15:24
flight or flight, right? And we peek and then things get
15:28
back to normal and then something else happens and then
15:31
we get back to normal. Well, kids that have enough
15:34
trauma in their lives, they do this and then they come down
15:37
once in a while and then they go back up and they, they spend a
15:39
lot of time up here, OK. And as a result, your brain
15:43
literally develops differently than it's designed to develop.
15:48
Your thought processes don't develop normally.
15:52
OK, So for me, what I took out of that whole thing is, and this
15:57
is the biggest part for me, and it did change the way I, I, I
16:00
operate on the bench when I'm, when I'm conscious, you know,
16:03
when I'm on my game 100%. Because instead of thinking,
16:07
when I'm dealing with somebody where you're at, instead of
16:09
thinking, what the hell is going on with this guy?
16:12
What happened to this guy? That's a big game changer.
16:15
Would you agree with me what happened to this guy?
16:18
What happened to change the way he deals with the world around
16:23
him differently than he was designed to deal with the world
16:27
around him? And, and the reason, and I
16:29
always give some version of this lecture when I see somebody with
16:31
a high number because I think if we don't know what makes us
16:36
tick, we got very little chance of dealing with it properly.
16:41
And I'm thinking that your adverse childhood events are a
16:45
big part of what make you tick and you might not even know it.
16:49
OK, So do some research on it. And one of the things that blew
16:51
my mind is not just how it changes our life, how we how we
16:55
emotionally interact with the world physically.
16:59
People that are in a high number on the childhood aces, they call
17:02
it aces. Aces score they're and I don't
17:05
remember the percentage of dumb. And just to throw numbers at
17:07
you, you know, they're 50% more likely to have heart disease
17:10
later in life, OK? They're, they're 70% more likely
17:14
to abuse substances later in life.
17:15
I mean, it's it, it's not just, you know, it's going to affect
17:19
our relationships because we, we process information differently
17:22
than everybody else we deal with.
17:23
Maybe it's crazy, but I want you to look into it.
17:27
Now. The very, very best part for me
17:31
as a guy that works with kids because I've been running a
17:32
juvenile program is you know, what can change the way your
17:35
brain works can rewire your brain love.
17:39
I think that's the coolest thing that makes my tail wag every
17:42
time I think about it, because that means that kid that's
17:44
that's living up here, what can change that kids pathway?
17:48
Literally the neural pathways in in his head is a relationship
17:52
with an adult can be a coach, can be that teacher that takes
17:56
that extra interest in them. Could be a new, you know, mom
17:59
gets a new, you know, he gets a new stepfather could all it
18:03
takes is an an adult that that kid understands that person
18:07
cares about me and that can change the way their brain
18:10
processes and that I mean, that's mind blowing stuff for
18:14
me. It's pretty cool.
18:15
All right, not, not exactly what you expected to hear today
18:18
probably, but I, I would love to hear from you after you've done
18:22
some research and ask me or tell me if it has been like V8 moment
18:27
after V8 moment for you looking back on your life through that
18:31
filter. Would you share that feedback
18:34
with me? OK.
18:35
All right, let's get to the business at hand.
18:37
OK. Yeah, yeah, that family sport is
18:50
huge. Huge.
18:51
Yeah. OK.
18:52
All right, So back to business. I'm going to adopt in full the
18:55
recommendations of the probation department.
18:57
That means. What do we have?
19:00
Items one through 10 that were recommendations that you 2 went
19:02
over, those are now court orders.
19:04
That includes the 40 hours on of community service.
19:07
That's just charity work. As long as the IRS is registered
19:09
with the organization as a 5O1C3, you volunteer with them,
19:13
get a letterhead that says you've done 40 hours, get that
19:16
to your probation officer and we're fine.
19:18
All right, And you can talk to the probation officer about how
19:20
much time you got to get that done.
19:23
Fines that cost $1500. Can you pay it today or do you
19:25
need to talk options? Do that downstairs.
19:29
Any questions? Good luck in Waterford.
19:31
You keep them happy. You keep us happy.
19:33
All right. Have a great day, Counsel.
19:36
Always a pleasure. Good.
19:38
Morning once again, everybody. It's TCF live on a Super Friday.
19:41
We're going to continue in the Way back machine here for a
19:43
little bit. I think things are starting to
19:45
kick off in the courts now, so eventually we'll go live, but
19:50
Judge Oakley seems to be on a roll, so let's stay here for a
19:52
bit. I did cross him off Carter.
19:55
Thanks. But I can't find him.
19:58
Oh, there he is. Counsel.
20:02
You're appearance for Osley. Good morning, Garner, Marshall,
20:05
Goldberg and. Good morning.
20:08
Have you fellows had a chance to look at the report and
20:10
recommendation? Do you remember?
20:12
He emailed to my. Client.
20:14
He looked it over again today and he talked about good, all
20:17
right, anything to correct that, to correct, All right, anything
20:21
to add? Go ahead.
20:24
I guess it's more Alan. I'm ready to hear it.
20:27
When we resolved this matter, I asked the prosecutor when his
20:31
thoughts were 7411 and he said it'd certainly be up to you and
20:34
the judgement, whatever probation determines.
20:37
So ultimately, I'm asking you for it to.
20:40
Impose a sentence it. Would be under 74.
20:43
I've talked to my client about employment.
20:45
We've been getting terms of legs and when surviving this may have
20:50
something to do with it. This shouldn't even be on a
20:52
record anywhere. Well, it's it's still listed as
20:56
pending. Well, that's going to be, it'll
20:58
be. It'll be pending until he gets
20:59
to the end of his deferment, though.
21:01
Right. 7411, at least it may not appear system.
21:07
Where you been applying? Pardon.
21:11
OK. When's the last time you had a
21:13
job? Where were you working then?
21:16
How long? What's the status of your
21:19
driving record? Your your privileges?
21:21
You're driving. OK.
21:23
Where'd you go to high school? What was your GPA?
21:25
Have you done any Have you done any school since then?
21:27
What are your What are your long term plans?
21:30
What? Are you thinking like Carpenter,
21:33
plumber? What are you thinking?
21:36
OK, where at? You got something picked out?
21:39
OK, what are you waiting for? Most applications.
21:44
I know what the process is. My question is, what are you
21:46
waiting for? Well, you're waiting because you
21:49
haven't done it yet. What are you waiting for?
21:52
How long have you decided that you want to do that?
21:55
Well, you're OK. I'm not excited.
21:58
Right. Go ahead, Council.
21:59
You rather right? He's not working.
22:03
Anyway you can minimize biasing process, I'd appreciate it.
22:06
There wasn't in the civil infraction that went along with
22:09
this because the grace of the grandmother that was taken care
22:13
of certainly is not at this point standing up Steve
22:17
Independent, which ultimately support I sure knows this isn't
22:22
going to be required. But there's no aggravating
22:27
circumstances about there's no prior record.
22:29
You can put candidate but don't need to vote.
22:33
Not up here on his record. You got his file, Miss Trolley?
22:38
No CCH. But according to my ideas I have
22:41
an association. OK, No, no prior convictions for
22:46
misdemeanors or felonies. I'm not inclined to give him a
22:48
7411. He already got the big break
22:50
when they took it from a felony down to a misdemeanor.
22:53
What are your thoughts, Miss Trolley?
22:55
Yeah. My thoughts are it gives him the
22:57
opportunity to group to you. You can totally comply.
23:00
You can set certain goals. I can do all that without giving
23:04
him that extra gift. I understand, but it's the same.
23:06
I'll tell you what you get. You get something on a plea
23:08
agreement from the prosecutor that he offers it, and then I'll
23:11
consider it. They're heading here today.
23:13
I didn't see it. No, they're not.
23:16
They're here here on Tuesdays. Tuesdays.
23:19
Say oh. We have something.
23:23
I'll tell you what. I'll tell you what.
23:24
I'll adjourn sentencing. He can do something other than
23:27
talk about doing a trade school between now and sentencing.
23:31
That will make my tail wag. And as long as the prosecutor
23:34
has no objections, then I'll consider delayed sentence.
23:37
How's that? All right.
23:40
How much time you want? Keep in mind, you got to make my
23:42
tail wag before I see you, or I'm not going to give you the
23:44
7411. Yeah.
23:46
Now. Two weeks now, brother.
23:47
That filled in what? A week.
23:49
No, their companies don't move back.
23:52
You're going to make my tail wag.
23:53
That means you're going to come back here with a job or you're
23:56
going to come back and you're going to be enrolled somewhere
24:00
so you can get a job. Let me ask a question.
24:03
Sure. Do you need a a scholarship of
24:07
some sort or a loan of some sort to begin your credit school?
24:12
No. OK.
24:13
The other thing will make my tail wag is if you have a job,
24:16
OK? I'm a matter of fact, I can.
24:18
I can do better. Now, hold on.
24:20
You got a driver's license license.
24:22
You can drive, right? Legally.
24:24
You got a car. You got you got 1.
24:26
You can borrow. Could you get to Monroe every
24:29
day for a job? OK, All right.
24:32
I got a buddy that's always hiring.
24:35
Like, I mean, I've had his cards on my desk for 15 years.
24:40
I'll tell you what. When's your next sentencing
24:41
date? June 25th.
24:43
We'll have you come back. Look at your go ahead, look at
24:46
your account. So as long as your attorney's
24:49
available on June 25th, you come back that day and you've got a
24:53
job. And I mean a real job.
24:54
I don't mean like 20 hours a week in McDonald's.
24:57
Look, I want you to understand something the way I think You're
25:00
22 years old. Are you as healthy as you look?
25:02
I mean, you don't have any health problems that keep you
25:04
from working hard, right? OK, So in my world, you should
25:08
be working 60 or 70 hour weeks because when you work that hard
25:12
in your 20s, when you're an old man like me, you don't have to
25:14
work that hard, all right? So when I see a kid that's 22
25:18
years old and he hasn't worked for months, it's offensive to me
25:21
because I know lots of people that are looking for help.
25:24
All right, so you come back, you've got a real job, like a
25:29
full time plus job, or you're in trade school.
25:32
Even even better, if you're in trade school and have a job,
25:36
then I will consider his request to put you on a 7411 deal.
25:40
OK. Are you available that day?
25:42
What time you want to do it? And give me the date again.
25:50
June what? 20/5, 9:00 AM.
25:54
Here's my note to myself because I have a terrible memory.
25:56
Tail wagging job or school? Got a plan, gentlemen?
26:00
We have a plan. All right.
26:02
All right, Council. See you then.
26:05
Thank you, gentlemen. Enjoy your day.
26:06
What do you got, Council? Oh, good morning.
26:08
What do you got? This 1?
26:19
Yeah, I'm looking for them. Almost done, Mon right?
26:26
It's not hyphenated with something, so I'm looking for
26:34
the file. There we go.
26:35
All right. Come on up with Miss Monet.
26:38
Good morning, Your honor. David Lee appearing on this, he
26:42
happened this Monette who's in the record of prices can stay
26:45
and didn't hear my ready. Good morning.
26:47
Is it Monet or Monette? You do use your keys.
26:50
OK, I said you use your keys. Yes.
26:53
OK, go ahead counsel. I know we have reviewed the
26:56
presets report. It is accurate.
26:59
You know the one. There is one thing she is not in
27:06
school. It indicates still you know
27:09
that. OK, full time homemaker raising
27:15
the children, their children. Feels really bad.
27:20
About this, he badly wants to keep this narrative at all the
27:26
me through her location period. OK, other than that I have very
27:30
little to say. I do want to ask you to adopt
27:34
the recommendations, however, I'd like you to consider that
27:37
she does suffer from several psychiatric conditions that
27:44
necessitate medications. OK.
27:47
Think she could probably as far as diagnosis, I think that she
27:51
could probably provide that real quickly.
27:54
And I just wanted you to consider that it's it's nothing
27:58
that stops her from being here, right?
28:01
And she she struggles probably I think it's important to tell you
28:07
that nothing I stand ready. That's right.
28:11
OK, you're welcome. Very much. 1 moment.
28:14
Yeah, go ahead. She does tell me that and I
28:23
indicated there is therapy going on for, you know, treatment with
28:27
second travelling friends and she is looking for a job.
28:31
Good, Good. Good luck.
28:33
OK, anything you want to add to what councils told me?
28:36
Don't feel that you have to, I'm just giving you a chance.
28:38
Just that if you guys want a New Girl that's looking.
28:41
For a job for to hire. People all the night, I really.
28:44
You might not want the job because it's it's a water and
28:47
sewer company and and unless you want to play in the mud every
28:50
day, you probably don't want the job.
28:53
Yeah, by the way. See the drug seat down off for
28:55
her? Yeah, yes.
28:57
They got some great thing. Do you get do they take the
28:59
outside off them? I have a lot of them.
29:02
Take the card. Yeah.
29:05
Over the years, I've had people show up there and actually work,
29:08
so that's even better. Yeah, we can go on.
29:13
OK. All right.
29:15
All right. I'll adopt the recommendation of
29:17
the probation department. I understand this was a delayed
29:20
sentence under 7694-A, right? It is.
29:23
Not for 12 months, All right. For cost, you're assessing the
29:26
amount of $700.00, ma'am, can you pay that today or do you
29:29
need some options? All right.
29:31
Any questions? OK.
29:34
Good luck, man. Thanks.
29:35
See you in this morning. Same here.
29:37
Mr. Graziani, you got something ready?
29:39
Yes, thank. You, Sir, give me a name.
29:40
Scott Davis. Davis.
29:42
Yes, it's a probation. Violation, Sir.
29:45
Looking for the file. All right, found the file.
29:50
Good morning your your appearance on the 4th week.
29:55
Good morning, Chuck and staff. We're here for proclamation
29:58
violation for Mr. Davis. We.
30:00
Plead guilty to him not completing the community
30:03
service, however, he will be going to the substance abuse
30:09
treatment program in fact. He's on there on Monday to get
30:12
involved at Western. Wage Center for an income based
30:15
program. Good.
30:16
He's on a limited income. He is working.
30:19
At least with the operating engineers.
30:20
They're starting off as a Sella contract.
30:24
He's a subcontractor and soon he'll be in a position where he
30:28
can. Do the community.
30:29
Service on the weekends and then indicate that to Mr. Rowley.
30:34
And we're asking. For continuation of probation
30:36
because I I do believe he's on. The right.
30:39
Path OK OK all right so you didn't do a psych eval.
30:47
I did not go and I had this done for Monday, right?
30:51
All right, so that all right, so two things we're ordered
30:55
substance abuse treatment and a psychological evaluation.
30:59
Which one do you have starting Monday?
31:01
I believe. It's OK, OK, OK.
31:09
All right. Have you gone to any a a
31:11
meetings? No, OK, not done that, but I
31:16
have got my SO. Other than pay, what have you
31:18
done? Yeah, a little over 10 of my
31:21
community service hours young since we came in and I am set up
31:25
for going to the home. I was hoping that when I go to
31:28
the western wing they have I misspoke.
31:31
You do not have to do a substance or a psych eval,
31:34
substance abuse treatment and work program community service.
31:38
OK, but now that he has transportation, he got the.
31:44
Ford. Fusion seven months ago.
31:46
They were having him also work on the weekends and that.
31:49
Was who do you work for now? I'm working for, I'm
31:54
subcontracting for tree house. I'm subcontracting with Team Z
32:01
right now. I'm doing the I'm an operator
32:05
for the the equipment place, so I can get.
32:08
Yeah. How how long have you been
32:10
working that job? I'm coming up off the month.
32:13
OK. So where would you work?
32:15
Where did you work before that? I worked at the gym.
32:17
I worked at Planet Fitness. OK.
32:19
How long were you there? 09 months.
32:22
All right, full time. Yeah.
32:24
Yeah, I was. You know I was.
32:26
Transporting myself on my bike to get down.
32:28
OK, can't. Make a living at that shop.
32:30
Yeah. So what stopped you from doing
32:32
the community service hours? Time limitations going around on
32:37
my school and my I was working from one or two to 10:00 at
32:43
night, right? And, you know, going in there
32:45
for the morning, that's a weird shift, Yeah.
32:48
Opens up at 10, yeah. In fact, there were conflicts as
32:52
you medicated me on the beach and now there's.
32:55
Not going to be any more. Excuses and stuff that you think
32:57
right and I am presently. I did my 10 hours of the
33:01
community service I've got. Where'd you do it at?
33:07
It was goodwill and we're getting OK.
33:11
I've been going. Out All right so you still owe
33:12
me 40 hours Yes, so you do owe 40 hours 40 hours OK even though
33:19
it stated 6 hours Josh there was evidence that he did the
33:22
additional hours but there is an additional 40 hours OK All right
33:27
Mr. Ole, are you satisfied with giving him another review date
33:31
See if we can get him on track the June 25.
33:34
Yeah. All right, let's review you this
33:36
at June 25. All right, so that gives you oh,
33:40
in essence, it gives you a month and two weeks.
33:41
So how many how many hours can you get done in that time?
33:45
I was actually. Planning on doing?
33:46
Today I I took the whole day off of work.
33:49
So, so bang some out today. All right, this weekend I have
33:54
my greater trade right? You know, a company that's up to
33:57
this NGN. OK, well let's do this.
34:02
I'm going to determine on June 25th whether or not I'm just
34:05
going to move you forward with probation or there's going to be
34:07
some kind of a consequence because you're what, 6 months
34:11
into probation, you haven't done much.
34:13
OK, So understanding that's the decision I make on June 25th.
34:19
It might behoove you to get a lot of hours done between now
34:22
and that. I'm not saying miss your
34:24
training this week because that's a good, that's a good job
34:26
training. So I'm not saying miss your
34:27
training to go to Goodwill, but I'm saying you want to get some
34:32
hours done. All right.
34:34
OK. So we'll see you June 25th,
34:36
8:30. And I like that too, because by
34:40
then you should have something to talk about from this
34:42
treatment, some documentation. Make sure you let them know that
34:45
they can share information with Mr. Rollie so they can she can
34:49
check with them. Is he is he showing up?
34:50
Is he engaged? How's treatment going?
34:52
All right, All right. We'll see you then.
34:54
Good luck this weekend. Mr. All right, good morning once
34:58
again, everybody. It's TCF live on Super Friday.
35:01
If you are new to us, do us a favor, say hello in the chat,
35:04
say good morning. We're a friendly folk here.
35:06
So we've been in the Wayback Machine, but there's some good
35:09
options to go live now, though I reserve the right to go back to
35:12
the Wayback Machine later, but let's go live down to Florida.
35:16
Wade Mercer. Process every day.
35:19
We have Mr. John McDaniel, Assistant Public Defender, today
35:22
at the jail. I know that you can see and hear
35:24
him. I want to make sure you can see
35:25
and hear the prosecutor also in the courtroom.
35:27
So I'm going to ask if he introduced himself.
35:29
Jake Mitchell on behalf of the state.
35:31
Audio and video working good for both of us, Corporal.
35:34
Yes, Sir. Sergeant.
35:35
I'm sorry, Sergeant. I gave you the motion.
35:37
I didn't mean to. We do have adoc inmate we need
35:39
to take first so we can get them transported.
35:44
Transporting him back. Michael Box first.
35:47
Mr. Box, good morning. Mr. Box, you're here because
35:49
you've been accused of one kind of trafficking and
35:51
methamphetamine and one kind of possession of contraband is case
35:55
#26-262. CF.
35:58
Mr. Box, there is probable cause in the complaint of I've looked
36:01
at your criminal history and I know that you're currently still
36:03
serving a sentence in the Florida Department of
36:05
Corrections. I think you're entitled to a
36:06
bond in this case, but there's no point even thinking about
36:09
posting it until you finish your other sentence.
36:11
This case may be over by the end.
36:13
It may not Frankly, I don't know.
36:15
What I'm going to do is set your bond today.
36:17
And then I'm my understanding from the jail as they're going
36:20
to transport you back to DOC and then you'll, you'll start the
36:23
process of getting an attorney, coming to court, defending
36:25
yourself, or if you want an attorney, asking for one.
36:28
And that'll be happening while you're actually in DOC.
36:30
So Mr. McDaniel, anything for bond purposes, Mr. Mitchell?
36:37
Your Honor, just if this case is still resolving, he does have a
36:40
chance to make bond in June of 2028.
36:43
We just request that the bond be a little bit higher than normal
36:46
and he have the possession or he have a condition of random U as.
36:52
Mr. Box, concerned that you already have a currency that you
36:55
were serving when you got discharged, Your bond on the
36:57
traffic is going to be $75,000. That's the first degree felony
37:01
for your bond in the possession be $10,000.
37:03
Mr. Box, your total bond is $85,000.
37:06
That's cash or surety. It does have a condition of
37:09
random urinalysis. So if any point you post bond,
37:12
you can be drug tested. But as I mentioned, you've got
37:14
you've got the other charts, you've got to deal with the
37:16
previous sentence before this becomes reality.
37:20
So we'll we'll see what happens. Mr. My understanding Mr.
37:24
Mitchell's the state's going to the Department of Corrections
37:27
going to take him back. I think I might see an officer
37:29
in the background. He's going back to DOC today, is
37:32
that right, Mr. Taylor? OK, So what do you want him on
37:36
the regular court date or do you want to give him more time?
37:39
I don't want DOC bringing him over here if he's not going to
37:43
be arraigned. So I need to make sure y'all
37:44
have time to look at it and make a charging decision.
37:47
I got you. They usually whenever like they
37:49
have defendants that are in DOC they'll usually just put them on
37:53
zoom for. Oh, they're doing all.
37:55
Arraignments. Yes.
37:56
Good. But you could put it on the July
37:59
arraignment date just to give us a little bit of extra time if we
38:02
need to do it that. Way so this was going to be a
38:04
not the normal court date because I don't want to waste
38:06
anybody's time with DOC transporting him for if the
38:10
state hasn't made a charging decision, maybe they'll do it by
38:12
soon. The July arraignment date is
38:14
July, the July 7th, so we need to give him a notice for July
38:18
7th at 8:30. And Mr. Box, they will either do
38:23
that in person by transporting you over here, or they may do it
38:26
by Zoom to get your lawyer appointed at that time.
38:29
Do you have any questions, Sir? No, Sir.
38:31
All right, Mr. Box, wish you the best.
38:33
All right. Here, the first one on the list
38:36
is Kelsey Cooper. Miss Cooper.
38:40
Good morning, Miss Cooper. You're here for the first
38:42
appearance of. It's a one count of domestic
38:43
battery, Miss Cooper. There is probable cause for that
38:47
charge, ma'am. Miss Cooper, you have no prior
38:51
criminal history that I can see at all.
38:53
And your parents are in the courtroom or your.
38:55
Your mom may have stepped out, but they're both at the
38:57
courthouse. I see no prior criminal history.
39:00
You have never been arrested or charged with a crime anywhere,
39:02
is that right? Correct.
39:05
I think you're entitled to a bond or other release options.
39:08
Mr. McDaniel. Anything on behalf of Miss
39:09
Cooper? Yeah.
39:11
We just asked for a cash bond. You know Mitchell.
39:15
No objection to a cash bond. And As for the contact?
39:19
We. I know that she shares a child
39:22
in common with the alleged victim in this one, so I guess
39:27
the condition with that we would be requesting is no contact with
39:30
the victim except if it's according to a possible DCF
39:34
family plan. Yeah, I don't think DCF would be
39:38
involved in this. OK.
39:39
All right, Miss Miss Cooper, what I'm going to do is want to
39:42
do in every case when, when the alleged victim is not here,
39:44
matter of fact, what I have to do under Florida law and in the
39:47
current administrative order we have in this circuit, and that
39:50
is no contact with the alleged victim at all.
39:52
Now, just to be clear for Mr. Mitchell's point, I'm not
39:55
keeping you away from your child.
39:57
I'm just keeping you away from that person.
39:59
So if if your family, your father, whoever wants to do you
40:02
know where the child's at now, Sir?
40:05
OK, so good. The child, the child, the child
40:07
is in y'all's custody. So if y'all want to set up
40:09
visitation and y'all handle it with the with the dad.
40:12
That's that's that's fine. In fact, I would encourage that
40:15
because you don't want a family law judge six months from now
40:17
finding out he hasn't seen his child in six months because
40:19
y'all wouldn't let it. So I would that's not a bad
40:21
situation to be in. But she can't be there.
40:24
She can't communicate, she can't be part of the exchange.
40:26
There's nothing wrong with y'all doing that.
40:27
That's probably a good thing from have that relationship.
40:30
So, Miss Cooper, I'm going to send you $250 cash bond, no
40:33
contact the alleged victim. As soon as that $250 cash is
40:36
posted, Sir, she'll be released and cash bonds are posted at the
40:39
jail. Any questions, Miss Miss Cooper,
40:43
do you have any questions? Yes, Sir.
40:45
Thank you. Have a good day.
40:49
We have one person, more person that has friends or family here
40:52
and that is William Jackson. Mr. Jackson.
40:58
Good morning. Mr. Jackson.
40:58
You're here accused of violent in terms of your county
41:00
probation in case 25-434 CT. Your friend Ebony is in the
41:06
courtroom. I want to let you know that
41:07
she's here on your behalf. And Mr. Jackson, I'm appointing
41:10
the public affairs officer represents you.
41:11
Please listen to Mr. McDaniel and we'll see where this case
41:13
goes this morning. Your Honor, I.
41:15
Spoke to Mr. Jackson he's going to amend the values probation
41:18
understand you've. Assessed 4 months in the county.
41:19
Jail 32 days jail credit and the remaining fine is owed in the
41:23
case It work our plans and trust to you but 1420 three $1423
41:31
left. That had to be a higher.
41:34
Fine than must have been a second DUI or high breathalyzer
41:37
or something because that's more than a normal first DUI. 16. 78.
41:41
OK, Four months county jail and credit for how many days did you
41:44
say? Mr. McDaniel 32?
41:47
Thank you. Mr. Mitchell, is that agreeable
41:49
with the state? It is Mr. Jackson, did you hear
41:53
that agreement? Yes, Sir.
41:55
Mr. Jackson, do you have any questions about that agreement?
41:58
No, Sir. Andy, is that the plea you would
42:00
like to enter, Sir, or the admission?
42:03
Is that an? Issue you would like to end Mr.
42:05
Jackson. OK, all right, no problem.
42:07
I just couldn't hear you. Mr. Jackson.
42:08
I'm going to accept your admission that you violated the
42:10
terms of your probation in case 25434 CT revoke that probation
42:14
sentence you to the grade upon sentence of four months in the
42:17
Jackson County Jail. But you have 32 days credit and
42:20
you have $14123 court costs and fines left that's left off the
42:24
original sentence if you get that paid off grade.
42:26
If you don't, maybe you'll get it worked off at the jail
42:29
through the trustee program. And if you don't do that, then
42:31
it'll be a civil judgement for whatever's left.
42:33
So let me talk to Miss Ebony here.
42:36
So Miss Ebony, he has about 3 months left at most, but
42:42
hopefully he's going to get in the trustee program and cut that
42:45
down to closer to two months thereabouts.
42:48
But that depends upon his behavior at the jail.
42:50
There's no probation involved in this sentence.
42:52
When he finishes this jail sentence, he's still with this
42:54
case. Do you have any questions?
42:58
You thought he was coming home? Yeah.
43:00
His criminal history is really bad.
43:02
I think he's been in prison four times.
43:03
I'm not. Yeah, that's what it is.
43:06
What it is. All right, Mr. Jackson, she
43:09
doesn't have any questions. Do you have any questions, Sir?
43:11
No, Sir. Wish you the best Mr. Jackson.
43:14
Thank you for coming ma'am all. Right.
43:17
Yes, ma'am. Don Elrod, Miss Elrod.
43:20
Good morning. Mr. Elrod, you have a warrant in
43:22
Calhoun County? I looked it up this morning,
43:24
ma'am. It was a battery charge down
43:27
there, ma'am, and it has no bond on the warrant.
43:29
What that means, Miss L Rodgers, you'll be transported to Calhoun
43:31
County, probably even today. When you get to Calhoun County,
43:35
you go to another first appearance down there.
43:38
And when you get down there, that first appearance, that
43:40
judge will will determine if you're entitled to a bond.
43:42
Now, it gets complicated from here because you already have a
43:45
charge pending. So I don't know if this current
43:47
charge happened before or after the other charge, and I don't
43:51
know if you're on bond for that charge, but those are things
43:53
that Judge will look at when he or she decides if you're
43:56
entitled to a bond. Is it safe to assume she's
43:58
probably going to get transported today, given her
44:00
medical situation? Corporal Sergeant, you may be
44:04
muted. You're muted?
44:05
I think I can't hear anything. She's going to be transferred
44:08
today. Yeah, they're going to get you
44:09
down there today. But you probably go to 1st
44:11
appearance tomorrow morning because I think Allen County's
44:13
first appearance is about the same time as ours.
44:15
Miss L Rod, do you have any questions?
44:17
All right, ma'am, Have a good day.
44:21
We have Michael Pollock. Mr. Pollock, good morning.
44:26
Mr. Pollock, you're here. Good morning.
44:28
Good morning. You're accused of violating your
44:29
state probation conditions. I've got a copy born in front of
44:32
me. Looks like the Circuit Judge has
44:34
signed a no bond warrant for violation of probation.
44:36
What I'm going to do this morning, Mr. Pollock, is I want
44:38
to get you a lawyer appointed if you're asking for one.
44:40
Mr. Pollock, would you like to have an attorney point to
44:42
represent you in this VOP? Yes, Sir.
44:45
I'm going to appoint the Public Centers Office of the 14th
44:47
Circuit. Listen to Mr. McDaniel.
44:49
We'll see if you have any questions in just a minute.
44:51
I'm going to plead not guilty. Yes, I said this in the June 4th
44:54
court docket and I advised him that the attorney that'll come
44:56
out visiting him prior to that hearing.
44:58
Not guilty. Mr. Mitchell, anything from the
45:04
state? Nothing.
45:05
From the state here, huh? So you'll see that you'll see
45:07
the an attorney before that court date when you go in front
45:11
of Judge Garcia. Do you have any questions, Mr.
45:13
Pollock? Yes Sir, I I just want to know
45:16
who do I need to talk to about? You normally say Derek.
45:20
No, no, no, Sir. I don't have no questions.
45:22
All right, talk to your attorney in private.
45:23
That's usually the better thing to do.
45:24
I wish you the best, Sir. Thank you.
45:26
Yes, Sir. Thank you.
45:27
Mr. You have anything this morning?
45:31
Got everything worked out, Mr. McDaniel is everything I had
45:35
this morning. Anything else from the public
45:36
Center's office? Nothing else, John.
45:38
Thank you, Sarge. Anything else from the jail?
45:41
That's all right. That's everyone.
45:43
Thank you. And Mr. Mitchell from the state.
45:44
That's from the state. Dottie, you miss anything.
45:48
All righty. That's it for Judge Mercer this
45:50
morning. Good morning once again,
45:51
everybody. We can still stay live again.
45:55
It's it's a slow morning out there in Courtland.
45:57
Yeah, I've got some good backup material from the way back
46:00
machine, but Judge Flores has some people that he needs to
46:05
deal with, so let's go there. Lansing, MI.
46:09
I I'm covering for Mr. Sertz All right, William, file is in post
46:15
one on in post two. Could you please identify
46:19
yourself? Say it again, Sir Raymond.
46:25
P. Raymond P OK And that is?
46:31
And Miss Donnelly, what case are you here on?
46:33
Your Honor, I'm here on William File.
46:35
I'll be ready to go to leave this on for preliminary exam,
46:38
but I do want to have a breakout room with Mr. File.
46:41
All right, so let's put you in a breakout room with Mr. File.
46:44
Let's see. So, Mr. File, I'm going to place
46:47
you in Room 1, and then, Miss Donnelly, I'll also place you in
46:52
Room 1. Thank you.
46:54
You're welcome. And then, Mr. Milks, you're here
46:57
on, I believe. He is in.
46:59
Jail. He is in jail.
47:00
Are you going to go see him 'cause we could waive his
47:03
appearance? No other than bring him up.
47:06
Mr. Starks has already seen him for the.
47:08
PCC today, I believe. Right?
47:09
Right. I'm.
47:12
Fine with waving inquiry. The client's already spoken with
47:14
his attorney. All right.
47:16
And I can place all that on the. Record.
47:17
All right, so you want to call that case Miss Fortuna Gill?
47:21
And then we'll rely on Mr. Starks and Mr. Milks to to we we
47:25
won't ask. We know where he is.
47:27
He's incarcerated. That sounds good.
47:30
You're all right. Let's go with Iverson.
47:32
All right, so we're on the record in docket 2601185.
47:38
That is people of the city, people of the state of Michigan
47:42
versus Jeffrey Iverson appearances.
47:44
For the record, Miss Fortunigil. Haley Fortunigil on behalf of
47:48
the people. Mr. Milks and good morning, Your
47:51
honor. Steven Milks on behalf of
47:52
Jeffrey Iverson. Mr. Iverson is not present via
47:56
Polycom at this time. We are waving his in court
48:00
appearance and I will say I am standing in for Attorney of
48:02
Record Jacob Sartz. And to the best of your
48:05
knowledge, Mr. Sartz has had an opportunity to speak to Mr.
48:07
Iverson. Yes, Sir.
48:08
And there may have been explained that it's gonna be
48:10
left on. Yes, Sir.
48:11
And we, I got my case notes in front of me and he met with him
48:13
via Polycom already I believe on the 13th or earlier spoke with
48:21
him. And it's my understanding based
48:24
on the notes here from that in person conversation Mr. Sartz
48:27
had, that the client would like to leave this on for the
48:29
preliminary examination. Alright.
48:32
And is that a fair statement, Miss Fortuna Gillen, are we just
48:34
leaving this on? Yes, Your Honor, I have spoken
48:36
with Mr. Sartz about this matter as well.
48:40
There is no offer to put on the record at this time.
48:42
However, negotiations are going to continue and I do anticipate
48:46
there will be a resolution. Alright, so we are gonna leave
48:50
on for May 22nd at 9:00 AM previously scheduled date for
48:54
prelim and then we'll leave it for Mr. Sarks, Mr. Milks to if
48:59
he if he doesn't know already, he'll he should know that we're
49:02
leaving. Just leaving this on anything
49:04
else. For the record, in 2601185 Mr.
49:07
Tunigil not. For the people.
49:08
Mr. Milks. No, thank you, Sir.
49:09
All right, we're all set. Thank you for your appearance
49:11
today. That is on Mr. Iverson.
49:15
Barbara, thank you for the $5. She says that now we wait for
49:19
Dungeon Court. Very true for those of you who
49:22
are new out there. To us, Dungeon Court is our
49:25
Friday guilty pleasure here, a court so bad that it is just so
49:31
good. So be sure to stick around for
49:32
that. That'll be in the final half
49:34
hour or so of today's programming.
49:39
Yes, and then miss. Mr. Silverthorne's here on a
49:41
case. 2 yes. Which one?
49:43
The which cases are, Oh, you're here on Carter and Torres
49:47
Baltazar. We know we're gonna have a
49:49
prelim this morning, so we're just trying to move stuff so
49:52
you're so we don't have people sitting around waiting.
49:56
If the defense. Attorneys are ready on Zoom,
49:58
then I'm ready. I don't.
50:00
Know Miss Patrick's here on Woods, but I don't know if Mr.
50:04
Woods is here. I'm here on 2 cases, Mr. Woods
50:08
Miller as well Ronald Miller. Miller are either are Woods or
50:13
Miller here today are here at this time, Mr. Woods, I just
50:18
spoke on the phone. He could either be there in
50:21
person or on Zoom. And Mr. Miller is lodged in the
50:25
Ingham County Jail. That we didn't know because he's
50:29
not on our list. So is so I, I don't.
50:33
I don't. Then Mr. Miller's probably I.
50:36
Haven't. You haven't.
50:38
You have him as incarcerated. I don't have him as
50:39
incarcerated. So we might go and get Mr.
50:43
Miller to bring up. OK.
50:47
But I don't know. I don't know.
50:49
I don't have him as incarcerated, but he could have,
50:52
he could have got picked up OK. OK, I'm at the jail all.
51:00
Right. And then, Miss Wanji, what case
51:03
are you here on? I have Mr. Pavlik.
51:08
I do have Mr. Houston. All right now, Mr. Layton.
51:14
And Mr. Layton. All right, Pavlik and Layton are
51:19
are not on Zoom yet. And I but they were scheduled to
51:21
be on Zoom. Mr. Houston, I don't know if
51:25
he's here at 8:00. I don't know if he's here yet.
51:30
OK Is Jerome Houston here? OK, Mr. Houston is here.
51:34
So did you want to place that on the record?
51:36
Did you want to talk to Mr. Houston at all?
51:39
Yes. Or do you just want to leave
51:40
this on because I because I don't know if we have any, any,
51:43
any colleague, he's here and personal.
51:46
We can, we can leave it on and I'm going to talk to him again.
51:50
Let me hire another attorney. Oh, you hired?
51:55
So you hired a new a retained attorney, emailed the
51:57
prosecutor. I.
51:59
Was supposed to be. Here for you.
52:01
Soon. All right.
52:02
What's her name? David.
52:03
Carter. David So David Carter's supposed
52:05
to be here via Zoom. They, they, they allegedly,
52:10
they, they've hired David Carter and spoken to Miss Fortuna Gill
52:13
about it, Yes. OK, I.
52:15
Don't have so listen. So if he's supposed to be here,
52:20
kill. But let's see if, oh, Ronald
52:25
Miller, not Corey Miller. All right, so Miss Wanji, you're
52:28
on Ronald Miller. Is that correct?
52:30
Not Corey Miller. No, I have Mr. Layton and Mr.
52:35
Pavlik. I don't have any Miller on my
52:39
schedule. Oh, you don't have a, You don't.
52:42
You don't. You don't have a Miller on your
52:44
schedule. No, you're not.
52:46
Oh. Miss Patrick, you're supposed to
52:47
have Miller. Do you have Ronald Miller or
52:49
Corey Miller? Ronald Miller.
52:52
Ronald Miller, OK. So we're still missing Corey
52:55
Miller. All right.
52:57
Yeah, we. Have a bunch of.
52:59
Defense attorneys and a bunch of defendants.
53:01
But none that match. None that match.
53:03
That's that's what we have. And then we're waiting on Mr.
53:07
Carter. Mr. Carter said he's going to
53:08
show me a Zoom. OK.
53:11
All right, So, Miss Wanji, let's wait for Mr. Carter and we'll
53:15
place Mr. Houston's. We'll place his case on.
53:20
OK. Thank you.
53:23
All right, well, they got a lot of stuff they're trying to sort
53:25
out. I will keep an eye on that
53:26
court, but let's go to Lake County, Ohio.
53:30
Judge O'Donnell just took the bench.
53:32
Let's see what's going on there. Thank your honor, we're here
53:34
this morning in the state of Ohio.
53:36
This is Toledo McAdams case number 26 CR 458.
53:40
The fund is present open court with her attorney, Mr. Matthews.
53:43
We are here today for an in court arraignment on April, I'm
53:46
sorry, May 8th of this year. The defendant was indicted in A1
53:49
count indictment, count 1 being theft, a felony of the 5th
53:52
degree. Her bond was previously set at
53:55
20,000 dollars, 10% cash security.
53:58
The state is asking that that bond be continued.
54:00
The defendant does have two warrants out for her arrest in
54:03
the from Cuyahoga County at this time.
54:07
Matthews, Thank you, Your Honor. Miss McAdams would waive the
54:12
reading of the indictment and defects in service and enter a
54:16
plea of not guilty and not guilty plea will be entered.
54:18
Mr. Bond, Thank you, your honor. As stated, the bond is currently
54:23
20,000 cash sure to your 10%. Miss McAdams does have a holder
54:28
from Cuyahoga County. Her request is that she'd be
54:31
given an own recognizance bond. So that she may go.
54:35
On to Cuyahoga County and begin the process of dealing with that
54:38
case you run. Miss Contra I.
54:41
Think, your honor, we would just request that it continues 20,000
54:43
dollars, 10% cash assured. All right.
54:45
Finally, we continue $20,000 cash assured to your
54:47
temperature. Thank you.
55:03
Hi, Mr. Downey. Thank you, Honor.
55:06
Next case is Stape, Ohio versus Brittany S Kuhar.
55:09
This is case number 26 CR 527. President's report this morning
55:13
is the defendant with attorney Jim Matthews.
55:16
Defendant was indicted in one count indictment aggregated
55:18
possession of drugs found in the 5th degree with forfeiture
55:21
specification. Her bond was previously set at
55:26
some kind of PR bond in the UNI court and then was revoked after
55:29
that due to a positive drug screen.
55:32
It appears I don't need further information on the specifics of
55:35
that. So the state was not going to,
55:40
we're here, part of the court for potential resetting a bond.
55:44
Alright Matthews. Thank you, your honor.
55:47
Miss Kuhard would waive the reading of the indictment, any
55:49
defects in service and enter a plea of not guilty.
55:52
Alright, not guilty plea will be entered.
55:54
Esteban, Thank you, Your Honor. Miss Kuhar has been in jail on
55:58
this revoked bond for about 3031 days.
56:04
She would be residing in Meadow Lawn Dr. Unit 6 with her mother
56:10
if released. She is requesting that the court
56:14
reinstate her bond at own recognizance.
56:17
Thank. You.
56:19
Thank your honor. The defendant has three prior
56:22
mis smear OV is on her record in 131418, has a prior F5
56:26
possession of drugs for methamphetamine out of this
56:28
county which she had some probation violations for and
56:31
served six months in prison, but nothing since then.
56:34
The facts this case as alleged are pretty straightforward.
56:37
Defendant was cooperative. She pulled over to a traffic
56:40
stop and there were drugs found inside of her vehicle.
56:43
So the state with the current information has now doesn't have
56:46
any objection to having her bond set at this time.
56:49
I'm going to reset your bond into your own recognizance with
56:52
the you've got certain conditions you have to comply
56:55
with that are outlined in the in the form that you signed.
56:59
In addition, no alcohol. Mr. Matthews, she'll have to
57:03
fill out the VOR paperwork. Mr. If you don't show up for the
57:09
hearing, you'll be charged with a potentially A felony 4 for not
57:12
showing. You understand that?
57:14
Understood, Sir. Any further?
57:16
No, you aren't. Thank.
57:17
You all right? All right, just a second, we
57:23
got. To sign.
57:24
All righty. That is it for that court, my
57:27
friends, but I'm sure we'll be back later.
57:29
I'm going to put us back in the way back machine again.
57:32
It's kind of a weird morning out there in Courtlandia.
57:35
It's a lot of fits and starts for some of these courts.
57:38
They're just they're quickly in and out.
57:40
Some haven't started yet. Like I'm waiting for Judge
57:42
Stevens to take the bench and then landlord tenant, which we
57:46
generally don't deal with here, but we had some good court
57:50
yesterday, especially in the afternoon while we were offline.
57:53
So there's places to go. Let's go actually back to Judge
57:58
Aqualina. This is from yesterday.
58:00
Michigan versus Nathan Wayne Carper, counsel, your appearance
58:03
for the record. Andrea Mccrae here on behalf of
58:06
the people. Assistant Public Defender Jane
58:08
Terry is here on behalf of Mr. Carper for the arraignment.
58:12
Mr. Carper is standing to my right.
58:13
Mr. Carper, the B stage person, last name for the record.
58:17
Nathan Carper. Please raise your right hand.
58:19
Do you swear or affirm the testimony you're about to
58:21
provide for the truth, all truth and nothing of the truth under
58:24
penalty, perjury. Thank you for sharing.
58:26
And Sir, you are placed on probation.
58:29
You pledged guilty to girl sexual conduct assault with
58:35
intent to commit sexual penetration with a mutual 3rd
58:38
that's punishable by 20 years. You recall that?
58:41
Yes, ma'am. It was a plea agreement which I
58:43
was not happy with at the time, but nonetheless I honored it and
58:48
it was a caliber agreement for no further upfront jail and you
58:52
were placed on the 60 months probation and that was subject
58:59
to not violating law and. A lot of other.
59:03
Things that you were supposed to do.
59:06
So I have an alligator 2 allegations here that I need to
59:10
advise you, which is why you are arrested and in that jumpsuit
59:14
and it says count 1. On or about March 31st, 2026,
59:18
Defendant threatened and intimidated Anita Pico.
59:21
PICCO count to On or about March 31st, 2026, defendant
59:29
communicated threats toward Anita Pico, who is his former
59:34
spouse. The concern with this would be
59:37
that you were not to assault or otherwise commit a crime against
59:48
anyone that was part of the probation conditions and so and
59:54
not to have any assault and behavior that would be physical
59:57
and verbal. So there's these allegations
59:59
against you. So I understand that this
1:00:06
allegedly occurred in another state.
1:00:10
So I want to make sure you understand as we go forward with
1:00:13
this. That you have an absolute right
1:00:18
to not testify if we go into hearing to understand that give
1:00:23
a right to a hearing. The hearing is by preponderance
1:00:26
of the evidence is the people's burden to prove you don't have
1:00:30
to do anything at all and you can cross examine any witnesses
1:00:34
and evidence, but against you can also choose to bring
1:00:38
witnesses and evidence in your defense.
1:00:40
Any witnesses or order to be present and the people could
1:00:44
cross examine any witnesses and evidence you have.
1:00:48
You could also choose to testify or not testify.
1:00:50
However I just want to caution you and you have a good attorney
1:00:54
who I'm sure will advise you further.
1:00:56
But anything you say or right can be used against you.
1:01:00
And if there's pending charges, this will all be underoath.
1:01:05
So anything you say could be used in whatever case there is.
1:01:09
It's not pending in Michigan. I don't know much about it, but
1:01:12
council just advised me that there are either likely charges
1:01:16
or pending charges. I'm not quite sure.
1:01:19
But anyways, Council, are you waving further arraignment?
1:01:22
Yes, your Honor. And will this be a plea or a
1:01:26
hearing? This time I.
1:01:29
My understanding is the prosecution is requesting a
1:01:31
hearing and the defence would be the defence is would not be
1:01:36
entering A plea at this time, Your Honor.
1:01:39
And you are requesting a hearing.
1:01:41
I am. Your honor, I spoke with the
1:01:42
victim from the Indiana case just about an hour ago.
1:01:45
I am requesting that hearing. I've received all the entire
1:01:47
case file including the text messages, so I will.
1:01:51
I'm absolutely requesting a hearing.
1:01:53
I'd also like to address bond. All right.
1:01:55
So are you prepared to go into hearing today or counsel?
1:02:02
Do you need time to prepare? The defense would request time
1:02:05
to prepare. Your Honor, my I, my office has
1:02:08
my understanding is sent an appearance in regarding the
1:02:10
probation violation, which is why I'm here today.
1:02:14
However, I have not received any of the evidence regarding the
1:02:18
alleged violation that would be potentially testified to or held
1:02:22
or have a hearing held over. Additionally, I would request if
1:02:26
the court, if the court is going to set a hearing and request the
1:02:28
court potentially that had set that hearing out so we can at
1:02:32
least have perhaps some more information regarding reporting
1:02:36
Indiana regarding how this is going to proceed.
1:02:40
Are there pending charges against you in Indiana, Sir?
1:02:44
Yes, it's a felony 6 intimidation.
1:02:48
OK, I OK, sorry. So I'm having people be evidence
1:02:55
that you have, have you shared that with defense counsel?
1:02:58
So his appearance wasn't in my file when I came down to board
1:03:02
this morning, but I'm happy to. Our discovery unit gets mad at
1:03:05
me if I just forward emails, but I'm happy I will make sure he
1:03:08
gets everything by the end of today.
1:03:10
Hope, Hope, with the caveat that we have that appearance just
1:03:13
because our office requires that.
1:03:15
How much do? You need to prepare for hearing.
1:03:20
Request I guess at least 30 days, Your Honor, given that
1:03:24
need to need to check in with my office as my I do note I
1:03:30
normally am not handling felony cases or potential probation
1:03:35
violations on felony cases. I'm fine if we want to set this
1:03:40
a few months out so long as the defendant remains in custody due
1:03:43
to is dangerous to. The community.
1:03:46
All right. Further, he had, Sir, you had
1:03:48
David Carter as your attorney. Are you going to retain him or
1:03:52
would you like me to appoint you an attorney?
1:03:55
I. Actually.
1:03:55
Hired an attorney down in Indiana.
1:03:58
OK, but he's an Indiana lawyer. Or Michigan.
1:04:01
Yeah, for Indiana. OK, So he could talk with
1:04:04
whatever lawyer you have here or he could be weighed in.
1:04:07
I don't know if you want to pay him to come to Michigan, but I
1:04:11
guess he could. Appear.
1:04:12
On Zoom, but I, I don't know what your status is here.
1:04:17
Would you like me to appoint you an attorney or do you want to
1:04:19
contact Mr. Carter? If you could.
1:04:22
Appoint me when? I, I'm going to appoint you one
1:04:24
through the public defender's office.
1:04:26
I'm sorry. You decide if you handle it or
1:04:28
if someone in your office does. And I, I know my schedule is
1:04:34
very, very tight, so whether it's in two or three weeks, I do
1:04:36
not know. But I'm going to ask you all to
1:04:40
go back and get a date sufficient enough for defense to
1:04:45
prepare and counsel to be appointed and and so you all can
1:04:49
exchange information as to bond on behalf of the people.
1:04:53
What would you like me to know? Thank you, Your Honor, this
1:04:56
offender. Was sentenced in early February.
1:04:59
Less than two months later he picks up this new allegation and
1:05:03
the allegation is that he threatened the his ex-wife and
1:05:07
mother of his two children and what the specific allegation is.
1:05:13
He called her a both delusional cunt and then said go ahead and
1:05:20
block me. Just a friendly reminder, no one
1:05:23
is getting out of here alive. This is very consistent with the
1:05:27
defendant's history of treating women, quite frankly, like.
1:05:30
Trash. In her further statement the
1:05:36
victim said, My ex-husband Nathan Carper has always been
1:05:40
violent man I could give many examples that have caused fear
1:05:43
for many years. History of abuse, sexual assault
1:05:46
and death threats. The most recent threat happened
1:05:49
this morning and that was March 31st 2026.
1:05:52
I was awoken to my phone blowing up with messages calling me
1:05:55
names for blocking him on all messenger with the final message
1:05:59
saying as I read earlier about no one is getting out of here
1:06:02
alive. He has often used violence and
1:06:04
death threats to. Control me.
1:06:06
And my son's, I hide, I keep our address a secret for our own
1:06:10
safety. We have those text messages,
1:06:13
Your Honor, as well. The defendant even in his jail
1:06:17
calls from May 8th said that they, he doesn't even deny that
1:06:22
he sent this. He says that they were cropped.
1:06:24
And so there's some explanation, I guess for it, which is
1:06:29
fascinating. If your Honor will recall back
1:06:32
on this case, I had filed an other acts motion detailing his
1:06:38
history with women for several years including a 2021 case of
1:06:44
felonious assault. He was actually on probation for
1:06:47
that case when he picked up those great case here.
1:06:51
And what happened in that case is that he held the victim,
1:06:54
Sausage, for more than three hours.
1:06:56
He said he would slit her throat if she tried to leave.
1:06:59
He said I'm going to kill you, bitch.
1:07:01
He slammed her head into the bed, punched her head six to
1:07:04
seven times and threw a large board with nails at her.
1:07:08
And he fled. A.
1:07:09
He pled guilty to felonious assault on April 25th 2023.
1:07:14
He had a The other acts motion I brought to this court was an
1:07:18
incident that happened on February 21st, 2018 with his
1:07:21
ex-wife, Melissa Carper, who is different from this other
1:07:24
ex-wife for this new case where he threatened her cat with a
1:07:30
shotgun, say to her it's either the cat or it's you.
1:07:33
So, your Honor, that's two other instances that it comports
1:07:36
exactly with the kind of behavior we're seeing here.
1:07:38
Again, I would point to another incident to get another other
1:07:43
acts motion or one of his female friends, her name was Karen.
1:07:49
Let's see Karen Jones and how she discussed how he stalked
1:07:53
her, terrorized her and admit and that he to the point of her
1:07:59
needing to fire a shotgun at him to protect herself and her home.
1:08:03
He has a long criminal history. He he just can't stay out of
1:08:07
trouble. Quite frankly.
1:08:09
He's a danger to community and more seriously, he's a danger to
1:08:12
women. The way he treats women is
1:08:14
disgusting. He is terrible to women.
1:08:17
And your honor, at sentencing we you said you're out of jail
1:08:22
time, Sir, you're out of jail time.
1:08:24
This is a gift. This is a gift.
1:08:26
You could be going to prison right now.
1:08:28
You have spent 700 days in jail and what does he do?
1:08:31
He laughs in. The court's face.
1:08:33
And less than two months later is sending his ex-wife and
1:08:37
mother of his children, calling her a delusional punt and giving
1:08:40
her diabetes. That is not someone that is
1:08:42
accepting of a violate of a probation sentence.
1:08:46
This is someone who is not going to change his behavior.
1:08:48
He has shown us exactly who he is.
1:08:50
Even when we gave him the opportunity to do everything
1:08:53
right. He was given a gift.
1:08:55
He laughed in our faces, and now it's time for him to be in
1:08:58
prison where he belongs. So.
1:09:01
I think he needs to be absolutely remain in custody
1:09:04
because that's the only place the community is staying.
1:09:10
Well, your attorney, I hear him, is vehemently saying not to say
1:09:15
anything. So before you decide to speak,
1:09:17
Sir, let's have your attorney talk and then then we'll we'll
1:09:20
have a chat about that council response.
1:09:26
Regarding it's Your honor, I would regarding any instances of
1:09:31
past acts, I can't necessarily speak to those regarding the
1:09:37
alleged violations that bring us here today.
1:09:39
I would indicate that as serious as they are or can be, they are
1:09:45
allegations for which at least currently, he maintains the
1:09:49
presumption of innocence until he's either to he either enters
1:09:52
A plea or is found guilty. I would simply ask if the court
1:09:56
would consider so having some kind of bond, something that he
1:10:02
can potentially be able to post so that he can try and get the
1:10:06
case in Indiana resolved. Your Honor, thank you.
1:10:12
Sir, anything you say or write can be used against you.
1:10:16
If you think that Indiana is stupid and they won't look to
1:10:20
what Michigan's doing, you are wrong.
1:10:22
There are compacts between courts and States and we
1:10:25
exchange information all the time.
1:10:27
Law enforcement communicates, regardless of whether it's a
1:10:31
local sheriff or the FBI or state police, there's
1:10:36
communication. There's communication between
1:10:38
prosecutors. So be very, very careful because
1:10:41
the one who steps on your rights isn't going to be me, it's going
1:10:45
to be you. So if you say something that
1:10:48
impedes or effects the other case, that's on you.
1:10:52
So I would probably, if I were your counsel, echo what your
1:10:58
attorney has said. But just as a reminder from the
1:11:01
bench, it's your life, it's your decision.
1:11:04
And if you want to say something that potentially affects the
1:11:07
other case, that's on you. What's your choice, Sir?
1:11:12
You want to remain silent or would you like me to know
1:11:15
something? And if you do want to talk, you
1:11:17
probably don't want to talk about that other case.
1:11:20
I would just like a. Chance to be just I would like a
1:11:23
reasonable bond, at least have the chance to go down there and.
1:11:27
Fight with the evidence. That I have on my phone, that
1:11:31
I've already hired and discussed with an attorney, that I feel
1:11:34
more than confident getting resolved.
1:11:36
In my favor. OK.
1:11:38
Well, we have extradition and I suppose I could release you to
1:11:42
that other state. There's ways that we handle
1:11:45
cases. But Sir, here's the problem as I
1:11:49
see it every single day. And I've paid close attention
1:11:57
recently because it's just been shocking to me because we have
1:12:00
so many guns in our own community, but every single day
1:12:04
in the United States, some parent has taken themselves to
1:12:11
take a gun and kill their other spouse for their children and
1:12:19
then kill themselves every single day.
1:12:22
When I look at your history here, you escalated to criminal
1:12:26
sexual conduct. But when I look at this history,
1:12:31
you have juvenile history. A lot of juveniles have that.
1:12:35
So even if I don't look at those things, when we get to the adult
1:12:40
history, we have a very serious offenses, assault and battery,
1:12:46
operating well impaired, assault and battery, misdemeanor animal
1:12:53
abandoning slash, cruelty to one animal, misdemeanor
1:12:58
intimidation, operating well intoxicated, unlawful
1:13:05
imprisonment and felony with assault with a dangerous weapon.
1:13:10
Those were charges at arrest. Final charge was assault with a
1:13:13
dangerous weapon. We then have a misdemeanor
1:13:17
carrying a handgun without a license, and then the final
1:13:23
charges resisting law enforcement.
1:13:28
And then we end up with this criminal sexual conduct case
1:13:33
that's in front of me. And now while on probation,
1:13:36
which was meant to rehabilitate you after you spent 706 days in
1:13:42
jail, I end up with allegations that are very serious against a
1:13:48
spouse where you have children with that spouse, sons as I
1:13:53
understand it, and. You.
1:13:57
Are saying no one's getting out of here alive.
1:14:00
You're always in communication. Oh, sorry.
1:14:02
Not saying anything. No one is getting out of here
1:14:07
alive as a clear death threat. You have a history with guns.
1:14:10
You have a history of violence. There is no bond until I have
1:14:15
this hearing. And if you want to
1:14:17
constitutionally, I guess I can give you a bond, $1 million.
1:14:20
How's that? Until we have a hearing and then
1:14:23
you can change my mind and you can have a a bond report and we
1:14:27
can look and see what's going on with the other case.
1:14:30
So let's make $1,000,000. That's what I can make it a
1:14:33
zillion dollars. You can't probably pay the
1:14:35
$1,000,000, but I think your children's lives and your ex
1:14:39
wife's lives are important and so is yours.
1:14:42
By the way, Sir, this behavior has to stop.
1:14:44
That's why you were put on probation for five years, two
1:14:48
months. You violate.
1:14:49
I have serious problems with that.
1:14:50
So while there's a presumption of innocence in your other case,
1:14:55
there's also a reason that I can hold you, and that is public
1:15:01
safety, safety of others, whether they're in this state or
1:15:05
any other, I don't care. We have a history of violence
1:15:09
against women. And I certainly don't want you
1:15:12
to be another headline. So please get a date to set this
1:15:15
for hearing, and then we will. Yeah.
1:15:19
So here you go. Just so I don't end up having to
1:15:23
deal with he's entitled to a bond because of the seriousness
1:15:27
of the danger and the history here.
1:15:29
It's going to be 1,000,000 cash with the GPS tether, no contact
1:15:35
with any victims, no weapons and of course the rest of the
1:15:39
probation terms that are already in place.
1:15:44
I believe, Sir, I gave you an adequate warning at the time I
1:15:47
sentenced you and I am actually rather shocked that I'm here,
1:15:53
especially after you had over 700 days in jail and assured me
1:15:56
this would not happen again. So there is some presumption of
1:16:00
innocence I am hearing on the side of public safety on behalf
1:16:05
of the people. You'll get a date.
1:16:08
Yes, Your Honor, I don't know if Mr. Harris wants to 1st reach
1:16:11
out to the defendant's counsel in Indiana to see because we
1:16:15
might get a better idea of dates if you know, I don't know if
1:16:19
they know they have a better time you have.
1:16:21
Until next. Sorry to interrupt.
1:16:23
You have until next Friday to get me a date or else I pick one
1:16:25
of you. You'll I'll cancel your plans.
1:16:28
So we need to get a date. And your honor, if I may.
1:16:32
Yes. My understanding from Mr. Carper
1:16:35
here is that the next hearing in that case in Indiana is that
1:16:40
they're going to get to June 8th.
1:16:42
Yes. Great.
1:16:43
Well, you all figured it out. We'll figure out this hearing.
1:16:46
Understand, your Honor. So no contact with any victim in
1:16:49
any state and or any witness. No contact means no contact Sir.
1:16:56
That means no telephone contact, no sky rating, smoke signals.
1:17:01
Do not use somebody else's card in the jail to call your
1:17:07
ex-wife. Tell me about what?
1:17:09
What are the ages of your children?
1:17:11
They're 17 and 18 year old. All right.
1:17:14
Well, do you have contact with them?
1:17:15
I do. I actually.
1:17:16
Have there's? Do they have separate cell phone
1:17:19
numbers? My oldest son has gotten into
1:17:21
some trouble. I was actually sending him
1:17:23
money, helping him because he ended up in jail and that's what
1:17:27
this whole argument started. Sure don't.
1:17:30
Talk about the case. And here's the thing.
1:17:32
If your child's in trouble and you work with the spouse, the
1:17:35
ex-spouse, you don't do whatever this is.
1:17:38
It doesn't. You know, there is no shot to me
1:17:42
that your child is in trouble when he's grown up with a man
1:17:45
who has 12 felonies. Come on, Sir.
1:17:50
What? And those messages I was sent.
1:17:53
Sir. Yep, sorry again, I'm not the
1:17:58
the Trier of fact, I'm not the judge in that case, but you're
1:18:01
going to hurt your case because anything you say or right can be
1:18:03
used against you. So if I don't know what's going
1:18:08
on with your kids, as long as you don't send messages through
1:18:11
them, you can have contact with them if that's allowed.
1:18:14
I don't know what's going on in that state and I don't, I don't
1:18:17
sit in the family court there. So if it's allowed, he can have
1:18:20
contact with his children but not send messages since they're
1:18:23
basically one's an adult and one's the other one's almost an
1:18:26
adult. So if they have cell phones, you
1:18:29
can certainly call them, you can write them, but not any unless
1:18:32
they're witnesses to this. If they are witnesses, you
1:18:34
cannot talk to them. So does that make any sense to
1:18:37
you, Sir? Yes.
1:18:38
Great. I'll look for a date.
1:18:42
Within a week, or else I'll set up myself.
1:18:44
I'll see you soon, Sir. Thank you.
1:18:46
It's all for the record. So yeah, he needs to be
1:18:50
protected from himself. You know, I know that there's
1:18:53
some debate in the chat about whether she should be giving
1:18:56
legal advice or all that. And I get where you're coming
1:18:59
from in the same respect, you know, the these people don't get
1:19:06
that when they speak up every, especially now with all the
1:19:08
recording and everything, it's all being documented.
1:19:10
It's all being recorded and they need to just shut up or they're
1:19:15
going to have a problem later on.
1:19:17
Anyways, good morning. Once again, TCF live solidly an
1:19:19
hour to now. We've been bouncing around this
1:19:22
morning between live stuff and the Wayback Machine.
1:19:25
This was Judge Akalina and the Wayback Machine from yesterday,
1:19:29
but we're going to go to just this morning and check in with
1:19:34
with Judge Stevens now. Yes, Sir.
1:19:37
Mr. Go ahead, I apologize, Chad. I was telling some outlook what
1:19:44
little Vietnamese I know. That's the only way I need.
1:19:47
Just ready. Show respect, everybody.
1:19:50
Mr. Fan and Mr. Dang are. Co defendants in the same
1:19:55
matter, Mr. Fang and Mr. OK, the other person Xing Yang Yang Yang
1:20:04
is the other person and they're Co defendants.
1:20:07
Co defendants. I'll keep them together.
1:20:09
Judge today I'm hand delivering a cell phone download to both
1:20:16
attorneys. I just gave knowledge this lot
1:20:20
or copying and but in fairness, they're going to need a little
1:20:26
additional time to do that. Before these matters are ready
1:20:32
for announcements, All right, what's going on?
1:20:35
What's going on in Harris County?
1:20:37
Are there other cases in Harris County?
1:20:40
Yeah, actually he was in probation for Harris County case
1:20:45
2 days ago. He was reinstated into the
1:20:49
probation probation program. Is there a motion to revoke
1:20:52
probation filed or anything? No, he's still in probation.
1:20:57
What is he on probation for? Some case related to fake does.
1:21:05
That have anything to do with that not to my knowledge mention
1:21:09
it's similar in nature as to the type of offense because it's
1:21:12
both fraudulent activity or this attorney has provided some
1:21:18
additional documentation to us today in an effort to try to
1:21:23
convince the state about their defense on this matter.
1:21:28
We're checking into that judge to see whether what that
1:21:33
exonerates him or not. So, well, we made the additional
1:21:36
fund for that. I will say.
1:21:38
Is there a is there a victim here who lost it?
1:21:41
It it's showing in the proper concept, it's a victim had
1:21:45
already provided a male subject $20,000 and then there was
1:21:51
another 30,000 of the victim was in the process of withdrawing to
1:21:57
another individual meeting him in a surreptitious manner here.
1:22:01
I mean, how much is the victim out right now?
1:22:05
Luckily, law enforcement got involved before he turned over
1:22:08
the other 30,000. What's this all?
1:22:10
It was a. Scheme in which the victim was
1:22:14
duped into believe the the scheme was there was a claim
1:22:19
that $50,000 was wrongfully given to him so the individual
1:22:25
that was on the phone with our complainant convinced him to
1:22:33
give back some of the money so that it wouldn't get in trouble.
1:22:36
That was the basis the faces of the scheme and Mr. Lee do it
1:22:43
actually when he got the 20,000 and and turned that over and
1:22:49
then they continue to try to collect the remaining $50,000
1:22:53
had never actually transferred one way or the other.
1:22:56
What's the age of Mr. DeWitt, the victim here?
1:22:58
He. Is he is in 53 is his date is
1:23:04
the year. Give me a moment to do the last
1:23:07
bit. He's close to 75 years 72.
1:23:12
Thank you. Yes Sir.
1:23:15
And that's part part of I'm checking does this, does this
1:23:20
defendant have cases in other courts?
1:23:23
Does he have cases in this in Harris County?
1:23:26
This defendant was on deferred adjudication for a third degree.
1:23:30
The one that you mentioned for what the third degree of what
1:23:34
similar camper campering with government records.
1:23:38
He was placed on the third four months before this particular
1:23:41
incident out of Harris County, correct.
1:23:44
He was initially charged as a second.
1:23:48
Degree. It was it LED down to a third
1:23:51
degree fellow placed on four years on April 9th, OK, 2025 and
1:23:57
this offense was August 19th, 2025.
1:24:00
What's his mark please? Ruined.
1:24:05
Ruined that day. August 19th.
1:24:08
That's the others celebrated. That was the day.
1:24:10
I was married on that day too. A lovely lady.
1:24:15
It's 100,000 and he's supposed to have AGPS but I think there's
1:24:18
some notes in the file about Harris County covering like he's
1:24:21
GPS out there and they was trying to see if it could be the
1:24:24
same. Yes sure.
1:24:25
When you reviewed this at his last four parents came up that
1:24:29
he was being monitored out of Harris County because of an MTR.
1:24:35
PSA the is the defendant still living this?
1:24:39
He still reside in Las Vegas, NV.
1:24:41
Yes. You.
1:24:43
Didn't have to leave Las Vegas to victimize people to come over
1:24:47
here to Southeast Texas and victimize.
1:24:49
If this is true, what are we going to do today?
1:24:53
This is this has this kind of case.
1:24:55
Obviously is has an intention of this court.
1:24:59
Any time citizens have somebody's accused of fraud,
1:25:07
which is what this is. I want to move this quickly.
1:25:11
Not going to languish in Lollygag.
1:25:13
We're going to move forward. Actually.
1:25:15
When can everybody be ready to move this case to trial?
1:25:19
This this was the last item of discovery that was needed,
1:25:22
Judge, the state actually acquired that on May 6th.
1:25:29
And since both attorneys are out of town, I'm just doing the
1:25:35
courtesy of hand delivering it to him today.
1:25:37
OK. What else is necessary to get
1:25:39
ready? Nothing.
1:25:40
Anything else? When you review the fold out the
1:25:44
new evidence I'm. Going to set it for trial.
1:25:47
I'm going to what are trial settings now?
1:25:50
August 3rd, that particular week I'll be attending the seminar,
1:25:54
but I can throttling week the 17th.
1:25:58
I'm sorry. August 17th would be next.
1:26:00
Available August 17th. Set for trial be get ready.
1:26:04
That is all. Better reset and can continue.
1:26:07
We'll check in the Marvin when you're ready.
1:26:11
Yes, Sir. OK, come on up.
1:26:14
Thank you. It's the last probation, so
1:26:31
we'll need double bars. TCF live on a Super Friday,
1:26:49
Friends, where your host is currently pinned down by Ellie.
1:26:52
Maybe not. I guess she's moving now.
1:26:54
Anyways, we're going to continue to ride with Judge Stevens for a
1:26:57
bit. We have a motion to revoke
1:27:00
probation in one base and a new case in the other.
1:27:05
Two cases are now called 23 CR 826 and 25 CR 877, the State of
1:27:15
Texas versus Donald Barnes that you OK and we were here with Mr.
1:27:21
Lewis, your attorney and the State's attorney.
1:27:23
Does the defendant wave formal readings of the motion to revoke
1:27:27
probation in one case and the newer indictment in the other?
1:27:30
Can we proceed in summary? You can just.
1:27:33
Let's do them. I'm dismissing the near matter.
1:27:37
Judge 877. No 877.
1:27:42
Isn't that the newest matter? Yes, Sir.
1:27:44
I'm sorry. Yes, Sir.
1:27:45
What's your final answer? My final answer is I am signing
1:27:48
the dismissal on 25 DCC on O8710.
1:27:53
You don't want to change your mind?
1:27:54
No, Sir, I'm not. I'm already done.
1:27:56
I'm locked in 23 CR 826. In summary, Sir.
1:28:03
And by the way, raise your right hand, do you solemnly swear or
1:28:06
affirm Any statement you make during this hearing shall be the
1:28:09
truth, the whole truth, and nothing but the truth so help
1:28:11
you God. So in summary, this motion to
1:28:14
revoke probation filed on October 1st of last year states
1:28:18
that on June 9th of last year, 2025, in this Criminal District
1:28:24
Court of Jefferson County, Texas, you were sentenced to 10
1:28:28
years in prison and that was suspended.
1:28:31
You were placed on regular probation for 10 years for the
1:28:34
first degree felony of manufacturing or delivery of a
1:28:38
controlled substance, which was, it looks like MDMB anyway.
1:28:44
Is all of that true and correct, Sir?
1:28:48
Yes, Sir. Are you kidding?
1:28:50
Saying. One allegation 1 states that you
1:28:54
committed the offense of illegal possession of a controlled
1:28:58
substance on or about September 12th, 2025, which was what,
1:29:04
three months after you were placed on probation, and that
1:29:08
was a violation of condition one of your probation order, man,
1:29:13
this was alleged to be synthetic marijuana.
1:29:18
Yes. Is all of that true and correct?
1:29:21
Yes, Sir. Are you pleading true and
1:29:23
correct to this allegation voluntarily and because it is
1:29:26
true? Do you understand that
1:29:29
voluntarily and knowingly made leave true to one or more
1:29:33
violations of probation, That's enough to grant motion to revert
1:29:37
probation by preponderance in the evidence or greater.
1:29:40
Your probation can be revoked and you can be sentenced to no
1:29:45
less than 5 nor more than 10 years confinement in prison
1:29:50
because this is a first degree felony that you were placed on
1:29:52
probation. Knowing all of that, do you
1:29:55
insist on pleading true today? Yes, Sir, I found you pleading
1:29:59
true voluntarily. You understand and appreciate
1:30:03
the consequences of pleading truth.
1:30:06
It's open. OK.
1:30:11
An agreement has been reached between the parties that your
1:30:13
probation would be revoked. You would be sentenced to 8
1:30:16
years in prison. Is that your understanding?
1:30:18
Yes, Sir. If I follow this agreement, Sir,
1:30:21
you have no right of appeal of your case.
1:30:24
Do you understand? Yes, Sir.
1:30:29
Show you what's marked as States Exhibit One there.
1:30:32
Did you sign that document voluntarily?
1:30:34
Understand it, discuss it with your attorney or the contents of
1:30:37
States Exhibit One. All true and correct.
1:30:39
States Exhibit 1 is moved into evidence without objection.
1:30:44
It isn't me. Among other things, Service
1:30:46
states that you were waiving all rights of appeal if I follow
1:30:49
this agreement, which I intend to do.
1:30:52
OK, anything else to add? I will make the following
1:30:56
findings that you, Donald Barnes, have pleaded true
1:31:00
voluntarily knowing we intelligently advice from legal
1:31:05
counsel to a violation of your probation that you were placed
1:31:09
on last year, June 9th of 2025 in this Criminal district report
1:31:14
of Jefferson County, Texas. And by violating your probation
1:31:18
by committing the offense of illegal position of a controlled
1:31:21
substance on or about September 12th, 2025 in Jefferson County,
1:31:26
Texas as alleged in violation one in this motion to revoke
1:31:31
probation. That is enough to grant this
1:31:33
motion to revoke probation by the confidence of the evidence
1:31:36
all greater your motion. The motion to revoke probation
1:31:39
is hereby granted and your probation is hereby revoked.
1:31:45
Earlier in that case, you had pleaded guilty voluntarily.
1:31:48
You were mentally competent to do so.
1:31:50
You understood and appreciated the consequences.
1:31:53
There was sufficient evidence supporting your guilty plea from
1:31:55
the State's Exhibit 1 admitted at your earlier plea hearing in
1:31:59
this case when we placed you on probation on June 9th of 2025 to
1:32:04
find you guilty beyond a reasonable doubt.
1:32:07
Now that your probation is hereby you vote, I find you
1:32:11
guilty and actually I duplicate and reaffirm our earlier finding
1:32:18
of you being guilty of this underlying offense.
1:32:23
The first degree felony of illegal possession of a
1:32:25
controlled substance that you were placed on probation for.
1:32:29
The probation is revoked. I'm following this agreement.
1:32:32
You were hereby sentenced to confinement in the Institutional
1:32:35
division of the Texas Department of Criminal Justice Prison for a
1:32:39
term of eight years. Do you understand what has
1:32:42
happened? 2 days.
1:32:43
Yes, Sir. I have a second case before May
1:32:48
and this feels 25 CR 877, a motion to dismiss by agreement
1:32:57
of the parties, the court is signed on this at this time and
1:33:02
that case is hereby dismissed. Marvin, anything else to add?
1:33:07
Thank you. Good to see you.
1:33:08
You too. Be careful going back.
1:33:11
Yes, Sir. Barbara, thank you for gifting
1:33:13
the membership. I very much appreciate that.
1:33:15
Let's go to, let's go back up to Judge O'Donnell in Ohio.
1:33:22
Let's do that. We are present this morning in
1:33:29
the matter of signal high versus.
1:33:30
Floyd J Smith. This.
1:33:31
Is case number 2626 CR 501. President of the report this
1:33:35
morning is the defendant was Attorney Ted Mulkey.
1:33:37
The defendant was indicted in A5 count indictment by the Lake
1:33:40
County Grand Jury, 2 misdemeanor thefts and three counts of
1:33:44
receiving stolen property. Fellows of 5th Degree.
1:33:46
Defendant has been served with the copy of his indictment.
1:33:51
This case originated out of Willoughby Municipal Court.
1:33:53
His bond was previously said at OR and has been revoked.
1:33:57
And be heard on bond after defense of the curb again,
1:34:01
welcome. Thank you, your Honor.
1:34:03
All those recitations by the state are accurate Today.
1:34:06
My client would acknowledge your seat of the indictment, waive
1:34:09
any defects in time and our place and service of that
1:34:12
indictment, waive its reading and open court enter plea of not
1:34:15
guilty to all counts contained in the indictment, Your Honor,
1:34:18
and then respectfully, we would ask to be heard on bond.
1:34:21
All right. Not guilty plea will be entered
1:34:22
as to bond. Thank you, your honor.
1:34:26
I consulted with my clients, with my client today regarding
1:34:29
several positive steps that he is is taking in his life to not
1:34:34
only resolve this matter, but certainly to show up for court
1:34:38
to do so. So we've been asked this court
1:34:40
quite simply to reinstate Mr. Smith's bond and here's why.
1:34:44
Judge, he has goals for himself including pursuing a a culinary
1:34:49
arts a degree in skills at Edwin's Culinary Arts School.
1:34:53
He's taking the trouble to procure and write all this
1:34:55
information down that's on Cedar Rd. in Cleveland Heights, OH.
1:35:00
Furthermore, he graduated this year.
1:35:02
He represents to me from a CBCF at the McDonald's Center on
1:35:06
Croton Ave. in Cleveland, OH. He is receiving and on his
1:35:10
medications right now. Furthermore, your honor, he has
1:35:13
presented me with a 12 step program that he is working on.
1:35:19
He is filling out the step one questions currently.
1:35:23
He was taking an active role and getting control of his addiction
1:35:27
which led to these charges here also, Judge, he has he's got a
1:35:32
voucher that expires in in 30 days.
1:35:34
I think there's some issue with him getting access to some food
1:35:38
with that voucher. If the court has any questions,
1:35:40
certainly the court can inquire my client as to that.
1:35:43
He was on Wellbutrin and Trazodone.
1:35:46
He's also been in contact with Lake House for further treatment
1:35:50
and he does have a sponsor through Narcotics Anonymous who
1:35:54
can provide him reliable and consistent transportation to his
1:35:58
further court appearances. On the date that he missed in
1:36:01
Willoughby, where he his bond was revoked, he was in contact
1:36:04
with me. There was an issue with finding
1:36:06
some supervision for children. We had a heart to heart on that
1:36:10
matter and he will. He certainly understands that
1:36:13
his kids do not have the power to put him in jail, but judges
1:36:17
do. And so he will come to court.
1:36:19
He will come to court clean. He will come to court on time.
1:36:22
Judge, for those reasons, we would ask the court to reinstate
1:36:24
his recognizance bond. He also knows that if he doesn't
1:36:27
show up to court, the stakes are different and that the charge
1:36:30
for not showing up to court is a higher level degree felony than
1:36:33
the one that he has been charged now.
1:36:35
And very easy to prove that somebody has not come to court
1:36:39
for a fourth degree felony, which carries up to a year and a
1:36:41
half in prison. Judge, thank you.
1:36:43
Donnie. There you are.
1:36:46
The facts alleged this case. The defendant stole a
1:36:49
misdemeanor amount of goods from the Giant Eagle in Willowick.
1:36:51
He was trespassed from that store. 2 days later he was found
1:36:55
doing the same thing at Mark's in the same shopping Plaza just
1:36:58
the other end. He was arrested.
1:37:01
He was also found with numerous credit cards that were stolen
1:37:04
belonging to somebody else in his person, which is the basis
1:37:07
for the felony RSP counts. He had his initial appearance on
1:37:11
February 3rd of this year. His bond was set at OR by
1:37:15
Willoughby Munich Court and was given a date to appear a week
1:37:18
later for a preliminary hearing. He did not appear for that
1:37:21
preliminary hearing on February 10th and his bond was revoked.
1:37:25
He was not arrested on that warrant until March 31st and the
1:37:31
basis for his arrest is that he was found at that same Giant
1:37:35
Eagle again, which he was trespassed from, and so he was
1:37:38
charged with a misdemeanor trespassing offense.
1:37:41
The defendant also has a lengthy history for numerous theft
1:37:46
offenses dating back to 2000. He has four separate prison
1:37:50
numbers, his most recent case being in 2024 for attempted
1:37:54
weapons that are disability and aggravated theft, which were
1:37:57
felonies. Has numerous parole and
1:37:59
probation violations given the fact that he was previously
1:38:02
given an OR bond and was not able to appear at court and in
1:38:08
addition was not been arrested until he committed an additional
1:38:11
crime in his criminal history. I don't believe that you know
1:38:14
our bond in this case would be appropriate and that asked the
1:38:17
court to either keep bond revoked or set bond accordingly.
1:38:21
All right, the bond will remain revoked all.
1:38:24
Right. Ashley, 10 gifted memberships.
1:38:32
Thank you so much For those of you who are new here, who might
1:38:35
not know Ashley and what she does for this channel, she is
1:38:39
the de facto court reporter for TCF, the record keeper, the
1:38:45
historian appears on sidebar for us, and she does all of this
1:38:53
just out of the goodness of her heart.
1:38:55
It's not a paid position or anything, but she is very much
1:38:59
the backbone, heart and soul of what we do here at TCF.
1:39:02
So, Ashley, thank you for all of that, for everything you do for
1:39:07
us. Let's go.
1:39:10
Let's go back to yeah, Let's go back to Judge Stevens.
1:39:14
I'm ready to move. Forward all the.
1:39:16
Stuff and I'll ask. For.
1:39:18
Recess as to the end 23 CR 2013 is called the State of Texas
1:39:22
versus Kiana Kincaid. Is that you the present with Mr.
1:39:27
Turk, your attorney and the State's Attorney raise your
1:39:30
right hand. Do you soundly swear or affirm
1:39:32
any state that you make during this hearing shall be the truth,
1:39:34
the whole truth and the nothing but the truth so help you God.
1:39:37
Does the defendant wave a formal reading of this first amended
1:39:41
motion to revoke probation? Can we proceed in some In
1:39:44
summary, this motion to revoke probation filed on March 24th
1:39:49
this year states that on July 14th of last year in this
1:39:55
criminal District Court of Jefferson County, Texas, you
1:39:58
were sentenced to 10 years in prison.
1:40:00
That was probated and you were placed on probation for 10 years
1:40:06
or the third degree felony of evading arrest or detention with
1:40:09
a motor vehicle. Is all of that true and correct?
1:40:13
One states you've committed the offense of abandoning or
1:40:17
endangering a child on or about November 30th, 2025 in Jefferson
1:40:21
County, Texas in violation. Of condition one of your
1:40:25
probation orders that true or no or untrue 2 you failed to
1:40:30
immediately report to the probation office your new arrest
1:40:33
which is a violation of condition nine of your probation
1:40:37
order is that true or untrue are you pleading true to untrue to
1:40:43
all of these is there anything you want to plead true to out of
1:40:47
the 9 violations alleged because.
1:40:51
You. You can do that and then the
1:40:54
state will have to present evidence.
1:40:56
Is that what you want? Untrue in all of these.
1:41:00
Not. Quite.
1:41:02
OK. Three states you failed to
1:41:05
provide verification of performing community service
1:41:07
hours as required. Is that true or untrue?
1:41:11
4 states you were at a location other than your residence and
1:41:14
this says his. I'm sure it was meant to be her
1:41:17
her residence at approximately 11:51 PM on November 30th, 2025,
1:41:23
which was a violation of your curfew restrictions which is
1:41:31
states that you must be inside your home every day between
1:41:34
10:00 PM and 6:00 AM. Is that allegation true or
1:41:38
untrue? That's.
1:41:40
True, it's me. Working at that time?
1:41:43
Yes, ma'am. I was working on.
1:41:44
That at that time. OK, So what does that mean?
1:41:51
Were you either in your home or not?
1:41:53
Did you have special arrangements made?
1:41:56
Because this says be be in your home.
1:41:58
It doesn't say except for work, does it?
1:42:01
Actually, I think it might judge.
1:42:03
It does condition 19 does say except for employment purpose
1:42:06
standby 19. I think it said nine, Condition
1:42:09
19, Condition 19 be inside your phone every day between 10:00 PM
1:42:17
and 6:00 PM except for employment purposes.
1:42:20
You were working somewhere where?
1:42:23
It's a. Driver and I was working at that
1:42:26
time. Well, what are your hours?
1:42:30
Sometimes. It ranges only in the morning,
1:42:32
8:00 AM to later. Well, who decides which one ever
1:42:36
you get a call? Yes.
1:42:38
Well what if they call it 3 in the morning?
1:42:40
Do you go out and do something? Not quite.
1:42:44
I don't understand what not quite means.
1:42:46
It's like yes or no. It's like, you know there are
1:42:50
certain average you don't work yes.
1:42:52
Which ones are those? I don't work.
1:42:56
From 11:00 to 7:00 AM. Unless you've had a.
1:43:00
Fire and she was working for someone.
1:43:02
That's your take. You're supposed to be in your
1:43:04
home every day between 10:00 PM and 6:00 AM.
1:43:07
But look, if that's what your hours of work are, I don't want
1:43:10
to come up here and have horse around with semantics of work.
1:43:13
We're an hour off around and I was working.
1:43:17
If you're 11 to 7, we can change this and modify this to be
1:43:23
inside your home every day between 11:00 PM and 7:00 AM.
1:43:27
Probation officers telling me that she's wasn't aware of this
1:43:31
job nor it's scheduled checked. I would assume that we're in
1:43:38
the. I mean, we can't read your mind.
1:43:41
Did you, did the officer know that you were working at that
1:43:43
time? Nothing.
1:43:44
I. Just.
1:43:45
Well, how are we supposed to? We're not clairvoyant.
1:43:48
How are we supposed to know? You signed an order here.
1:43:52
It's up to you to follow the order.
1:43:54
And if you're going to modify it, if it's going to be
1:43:56
modified, it's not you who do it, it's me.
1:43:59
And I'm always willing to work fairly.
1:44:01
But we've got to be informed. You can't tie the ball.
1:44:06
Yeah, because I'm supposed to supervise and she's supposed to
1:44:09
supervise. But we can't supervise if we
1:44:11
don't know what you're doing out there.
1:44:14
Which we're supposed to trust you.
1:44:17
We can have AGPS device. I guess we can add that if we
1:44:19
can't trust you, so we know where you are at all times.
1:44:23
You. Is that what you want?
1:44:25
Oh, you do that? No, I wouldn't want AGPS device
1:44:30
lugging around on my body. But that's what we may have to
1:44:34
do if we can't trust you to follow the rules.
1:44:37
Because I'm not going to revoke somebody for something like
1:44:40
this. But here we are at a hearing
1:44:44
that we should have known more about it because you're the one
1:44:48
who has everything to lose, not us.
1:44:51
And you're looking at 10 years in prison.
1:44:53
I'd be awfully certain that my probation office knew any issues
1:45:00
that might come up that could affect my probation.
1:45:04
My focus to have the officer that pulled her over, that's the
1:45:09
count, one that leads to that. Count 4.
1:45:13
Judge that. The.
1:45:15
Two children. Her two children were in the
1:45:18
back of the vehicle. Unrestrained is what the charge
1:45:21
of abandoning ends endangering an endangerment issues there,
1:45:27
judge, and we're prepared on you that the state can't make that
1:45:30
case. They can't prove the law of such
1:45:32
that I don't. Know are you?
1:45:34
Doing something today or not if if I can get the officer there
1:45:37
here. Alex the officer.
1:45:39
Yeah. I want to remind you that this
1:45:41
was set on Monday stock. I'm just asking where is he on
1:45:45
the is he or she on the way or we're going to have a hearing
1:45:47
today or I've got an investigator working to try to
1:45:51
get them judge, but I'm what are you, if I may, you're on this
1:45:55
was on Monday's documents and we set it for today and I've been
1:45:58
in trial with you all that time. I did recall that.
1:46:03
I'm just making. Sure.
1:46:04
The records. I'm here.
1:46:06
Yes, Sir. Go ahead.
1:46:07
That was almost insulting. I apologize.
1:46:10
Yeah. Are you ready?
1:46:10
Are we ready? If you're not, we'll reset it.
1:46:13
The officer in question were graveyard last night.
1:46:15
We're having trouble getting holding.
1:46:16
Because this was. Since this was set on such a
1:46:20
quick turn around from Monday to this week, so we need to reset
1:46:23
to get ready all right? You don't get more time.
1:46:25
Something on a reset the Dunkin I'll be ready for.
1:46:27
We'll reset this. Thanks, Joe.
1:46:31
Thank. You, Jeff.
1:46:32
Thank you, love. Jovan Hopkins.
1:46:38
First, Jovan. He's investigating this.
1:46:43
We did too, with so-called Elmo after you.
1:46:51
And we could keep it on the seminar that we have.
1:46:55
We have both minutes. OK, this is I'm going to do the
1:46:59
side here. So you please go with this up on
1:47:01
the 1 discovery, please. Right.
1:47:03
Absolutely. 17-27711 is called the state of Texas versus
1:47:08
Giovanni Hopkins. Is that you?
1:47:11
Yes, with Mr. W, your attorney who's going to what are we doing
1:47:16
right. This is having a hearing on the
1:47:18
issues. These are all administrative.
1:47:20
So we've shed it from money to today.
1:47:22
So there's nothing. Does the defendant waive a
1:47:25
formal reading of this motion to revoke on a judiciary probation?
1:47:28
Gosh, that was filed a long time ago on October 2024, year and a
1:47:33
half. Can we proceed in Sunday?
1:47:36
Yes. Charles, please.
1:47:37
Has he been an absconder or something?
1:47:39
He has not been any. He's been in the wind since we
1:47:41
found this motion for about the probation.
1:47:44
This has not been. OK.
1:47:45
Amended to Add all the non reporting day.
1:47:48
Raise your pay. Go ahead Judge, I apologize.
1:47:51
What was that? What was that important?
1:47:55
Shouldn't is that important? I would love.
1:47:58
To be able to add a non reporting because he is an
1:48:01
absconder and as it stands with this motion to revoke probation.
1:48:05
On. Your currently you will be
1:48:08
looking at whether or not he's paid restitution or completed
1:48:13
the MRT program and are going to be to listen let him out of jail
1:48:19
evade. This and come back in. 3-4
1:48:21
months to see if he's back on track.
1:48:24
Wait has he been? Has he failed to report?
1:48:29
While he was with me, no, we filed the motion.
1:48:31
And then he stopped. Reporting.
1:48:33
You filed a motion, you mean in October of 24th, correct?
1:48:37
When that happened, Correct. And he has not reported?
1:48:42
That's correct. Judge, where has he been?
1:48:46
That's specifically what I asked counsel, defense counsel to find
1:48:50
out for me so that I would have a position and never got a
1:48:53
response other than the Syrian say I just wished I had a
1:48:59
dollar. Every time I've said this, I'm
1:49:00
gonna say it again because I'm building up a cash supply in my
1:49:05
mind. You don't report, you're not on
1:49:08
probation. That's the most important thing
1:49:10
to do. If you can't do anything else
1:49:13
but you got to report or else you're not on probation.
1:49:15
You're either on probation or not.
1:49:19
You don't report on your own. You've taken off and you're not
1:49:23
on. We're not able to supervise you.
1:49:26
That's the first most important thing.
1:49:29
You have to be available, present reporting so that we can
1:49:33
monitor and supervise you. Without that, we cannot do that.
1:49:37
You're on your own probation, which is not the court's order,
1:49:42
so it becomes the most important thing out of all of this.
1:49:46
Everything else is under that. Everything flows from that you.
1:49:51
Can't. You have to be supervised and we
1:49:53
can't supervise it by telepathy. We have to do it but in person
1:49:59
actions records show that he was arrested on March 28th 2026.
1:50:05
So we've got was the last time you had reported on probation
1:50:08
and just to. August 29th, 2024.
1:50:11
Going on two years. All right.
1:50:14
I'm going to order the motion to revoke probation to be amended
1:50:19
please if we can get whatever papers to add this most
1:50:23
important allegation that's not in here so that we can deal with
1:50:27
that primarily. And you, what's his bond right
1:50:31
now? There isn't one, there isn't 1
1:50:34
and there's not going to be hold until.
1:50:36
Hearing. Yeah, like we can trust you to
1:50:38
go out on a bond and come back. You were ordered to be here
1:50:44
regularly and now we're talking about going on two years.
1:50:48
You've been a wall. Shame on get that motion to me
1:50:52
amended as soon as possible. And as soon as we can have a
1:50:56
hearing, we will have it as soon as that is available and
1:51:00
possible under law. You're in custody until that
1:51:04
hearing. OK, Xing Yang.
1:51:14
Xing Shang Yang, please. Attorney Brent Zarate, President
1:51:19
as well my quiet and my translator.
1:51:20
President Portum, my apologies for turning this.
1:51:28
Is this case related to the other case that we had earlier
1:51:31
that was another person from Las Vegas?
1:51:34
What are the odds of that? He's an allegedly.
1:51:36
Defendant. Yes.
1:51:41
Is it? Co defender or you say alleged,
1:51:43
I mean he's he's identified as that person, right, Sir, is the
1:51:47
Co defendant in this? Or your education.
1:51:50
Yes, the answer is yesterday. All right, in 25 CR 1342, what
1:51:56
are we doing today? I just provided supplemental
1:52:00
discovery to defense counsel this.
1:52:02
Morning, Your Honor. As I detailed with the Co
1:52:06
defendant, we received some cell phone information from law
1:52:13
enforcement after our last sharing in April.
1:52:17
Ironically, it's what this attorney asked me to check into
1:52:22
and law enforcement was actively working on it and I received it
1:52:26
made copies of handily with that to both counsel.
1:52:31
You set the Co defendants case for August 17th for trial over
1:52:36
there. So we keep these measures
1:52:37
together. August 17th, yes.
1:52:40
Sir. Yeah, I just did that a little
1:52:41
while. Yes, Sir.
1:52:42
Anything else stop from CD, You may have some annotes for this
1:52:45
year. So yeah, the last word setting,
1:52:49
I believe the only outstanding evidence I was requesting at
1:52:51
that time, or at least I was aware of, was the. 2.
1:52:55
Phone dumps I believe the alleged Co defendant.
1:52:56
My clients and songs were both taken by police officers at the
1:52:59
time of arrest. I've been given a flash drive
1:53:03
and told it's a phone no no matter which when you get it on.
1:53:06
Just now I'm sitting at the. Council table.
1:53:11
As far as that I intend on filing a further on property
1:53:15
since the state has fulfilled its desire to download and copy
1:53:19
the phone so my client can get his phone back.
1:53:23
That is not filed at this time but I will be filing that
1:53:26
shortly. Now that state has done what
1:53:28
they need but the evidence as far as going to trial the last
1:53:33
word setting we did assert our request for trial speed trial So
1:53:38
we go forward. I don't believe the state for
1:53:40
this case. We have a reasonable doubt my
1:53:42
client is claiming innocence. OK, so August 17th is that what
1:53:45
you're saying set for trial August 17th.
1:53:47
Can we do sooner? Can we do sooner than we maybe
1:53:52
end of July? They, they only tried one at a
1:53:57
time. And everybody knows I've just
1:54:01
finished my 610th felony jury trial, which according to the
1:54:06
Internet, no one's ever done that.
1:54:08
So we're doing we're fighting fires here. 22nd largest county
1:54:12
with the 16 times. And then in this court, a lot of
1:54:16
people after trials, which is their constitutional right and I
1:54:20
honor that, but I can only try one at a time and apparently no
1:54:24
one has ever done that many. Absolutely.
1:54:27
So we're and so we're booked up as as as much as we can be.
1:54:34
We just finished a trial yesterday another 610.
1:54:37
So we're we'll we do this and we're all booked up and until
1:54:44
then should have been taken both.
1:54:46
I'm sorry, it should have been taken both.
1:54:49
Anyway, that's what we're going to do is we'll set it for them.
1:54:51
Yes, Sir. Yeah.
1:54:53
What we'll do is also, so we know we'll prioritize as a per
1:54:58
set as a primary setting for everybody because we generally
1:55:05
there's like 20 cases. On the docket on a.
1:55:08
Trial docket every Monday, and now it's just for this one
1:55:13
judge. We will need to make
1:55:14
arrangements for a Mandrill interpreter.
1:55:18
Who's going to do that? I'm just.
1:55:21
I do not know. You don't need to work together
1:55:24
to see if you don't agree to somebody.
1:55:26
And because I don't know if there's one in Beaumont, but we
1:55:28
may have to go to Houston to get it.
1:55:30
I think we did discuss this at the.
1:55:32
Well, let's let's not. Wait until that day to get one.
1:55:36
Let's get somebody who y'all can agree on what's capable and
1:55:41
lawfully available to lawfully fits the requirements so that we
1:55:47
don't have to scramble around because that could take a while.
1:55:50
Let's and we got three months here.
1:55:52
How would the court like to do? Because I know, like, you know,
1:55:55
we're going to get a translator all the way down here and I
1:55:57
don't want. The court.
1:55:58
Have to pay for a translator all the way down here to sit here
1:56:01
with a 20 case docket and not go.
1:56:05
That's what that happens sometimes.
1:56:06
That's what the court would like to do, but I, I want to
1:56:09
prioritize this if it's specially said, but I, I wish I
1:56:13
had a dollar every time specialty set cases didn't go
1:56:16
for whatever reason. It's not because I didn't
1:56:20
specially set them and everybody agreed to do it.
1:56:22
Things happen and in three months things can happen, but
1:56:26
you're going to get a trial there and there'll be a trial
1:56:30
unless I'm ill, there will be a trial on something that day and
1:56:35
hopefully we'll I'm ready willing an agent would do it.
1:56:39
But if yeah, let's dot all the IS and.
1:56:43
One of those. Is make sure that a capable,
1:56:47
qualified, agreed upon translator is here ready.
1:56:51
Feeling a nasal as well. How long do you think this case
1:56:53
would take Mr. Ham to present? Yes Sir.
1:56:57
How long would it take to present in your witnesses?
1:57:00
I have not analyzed that at all, Jeff.
1:57:03
I'm saying I'm sorry, I, I have not figured out because I don't
1:57:06
have a grip on it at all. You know, I, I got to rely on
1:57:09
the world. It's not, it's not going to take
1:57:11
longer than the weeks the court would provide.
1:57:14
I can assure, assure you that anyway, that's what we can do.
1:57:19
But we we've already got fires. Absolutely.
1:57:21
That bonfires going that we will continue to to deal with.
1:57:29
I just wish there was a way to try more than one case at a
1:57:32
time. But if I can figure it out, I'll
1:57:35
do it. But but my just like I tell
1:57:40
people, welcome to the Criminal District Court, Jefferson
1:57:44
County. And nobody's tried more that I'm
1:57:46
aware of. And I think there's an article
1:57:48
in the Internet on it. Nobody's researched it and I
1:57:51
found nobody's ever done such a thing.
1:57:53
So we are pioneers. Every case we try is a new
1:57:56
record. Then that's all I can do.
1:57:58
I can promise you then people get there.
1:58:01
Everybody wants a trial. I understand it.
1:58:03
But I'm the last person people can complain about because I
1:58:08
know their courts say don't try hardly anything.
1:58:12
Yeah. You know, I'd say the only judge
1:58:14
that could probably give you a run for your money would be
1:58:16
Judge Andrew Abnell. And probably if he where she's
1:58:20
Harris County. Yeah.
1:58:21
I'm sure because. But I'm sure there are others,
1:58:24
but nobody's reported. I have the same bailiffs from
1:58:29
when I began and they said that when we started, they said,
1:58:32
well, you're trying a lot of cases, man, and, and we're going
1:58:36
to keep count on them. So it's this my same bailiff and
1:58:39
he, one of them is the same. So he's been, he's the official
1:58:44
keeper of the amount of cases. And we just finished sixteen.
1:58:50
Yes, yesterday. One more thing.
1:58:54
Can my client be read his offer on the record just so it's on
1:58:59
the record that I have a translator put it into the
1:59:02
record. Yeah, that's that's not an
1:59:04
unusual event. And then you want him.
1:59:08
You want him to understand, make an expression.
1:59:12
He understands. And he's making a voluntary
1:59:17
choice to pass on that offer and go to trial.
1:59:21
Yes. That's not all the time.
1:59:23
OK. Raise your right hand.
1:59:27
Sir. Do you solemnly swear or affirm
1:59:31
that the testimony that you were about to give shall be the
1:59:35
truth, the whole truth, and nothing but the truth?
1:59:39
So help you God, blow your hand. Thank you.
1:59:43
Have I made you enough? On this case.
1:59:45
Because I don't recall doing it. You mentioned jail time at the
1:59:48
last setting, but I don't remember the time that you
1:59:50
provided. You don't want to take a moment
1:59:53
to discuss that. OK.
1:59:57
What do we have left? Is it Mr. Bordash that's still
2:00:01
left? Left.
2:00:02
That's all we have. Yes, Sir.
2:00:04
OK, let's finish this matter so we can just devote the rest of
2:00:10
the time. Yes.
2:00:12
I'm sorry but. I did have an.
2:00:17
Offer. I did have an offer.
2:00:22
Are you ready to charge the state's offer on this case to
2:00:27
both? Code of finance is a cap of five
2:00:30
years. Does he know what that means?
2:00:33
You can. Talk to him about what a cap
2:00:36
means because that that's, as you know, it's a variety of
2:00:40
options that the court would have, which would include
2:00:45
probation. Yeah.
2:00:47
So a cap would be, in other words, going to the judge with
2:00:52
the states for the whatever the penalty imposed would be. 5
2:00:57
years, no more than, I'm sorry, no more than five years.
2:01:02
That would be the most severe. But there are two other options
2:01:13
as well that are probationist. I can let you.
2:01:16
Explain it if you'd rather. There are three options that a
2:01:22
cap when it's cap, it means whatever sentence shall not
2:01:26
exceed the most severe option. And that is in this case, this
2:01:32
was a. Was it a third degree found?
2:01:35
Yes, Sir. OK.
2:01:37
The punishment range for a third degree felony is no less than
2:01:41
two nor more than 10 years confinement in prison and also a
2:01:50
fine up to $10,000 can also be assessed.
2:01:54
A cap of five years in the agreement means whatever
2:01:58
sentence, even though the punishment range by law is up to
2:02:03
10 years, then with this agreement the defendant cannot
2:02:08
be sentenced to more than five years.
2:02:10
That would be the highest that would subvert.
2:02:26
There are two other options available, forms of probation
2:02:33
which are not confinement, not in prison.
2:02:38
One form is what we call regular probation, where someone is
2:02:44
found guilty, sentenced in this case to no less than two nor
2:02:49
more than five years confinement in prison with a cap of five.
2:02:55
And that confinement could be suspended.
2:02:59
And I would place you, I could place you on probation and I
2:03:05
could place you on probation for up to 10 years in length.
2:03:10
There would be and there would be terms and conditions of
2:03:13
probation which are normal and customary in all cases.
2:03:17
But in this case it looks like restitution would be an issue.
2:03:22
Is there a loss here at all? 20,000.
2:03:26
Yeah, one of the conditions of probation is if restitution is
2:03:33
actually proven, then I would order the person responsible or
2:03:40
persons responsible on probation to pay back the loss to the
2:03:44
victim. If you failed on probation, then
2:03:57
your probation could be revoked. If you failed to perform the
2:04:02
conditions of probation, it could be revoked and then you
2:04:07
could be sentenced by the court to up to five years in prison if
2:04:11
that happened. So probation is a second chance.
2:04:19
You don't go to prison as long as you follow the terms at the
2:04:23
end of the time. If you did well, the the case is
2:04:27
terminated, but you have been found guilty and that could
2:04:33
affect future you've been found guilty of a felony in that case
2:04:38
and that could affect job opportunities, maybe
2:04:44
citizenship, maybe I don't know. Now there's there's a third
2:04:53
option. It's a form of probation.
2:04:57
It's called deferred or unadjudicated probation.
2:05:02
And in that case, if that were done, I would make a finding
2:05:07
that there is enough evidence to find you guilty.
2:05:12
But but I would I would defer for postpone any finding of
2:05:20
guilt as long as you follow the terms and conditions of
2:05:25
probation. If you did that at the end of
2:05:30
your probation, the case would be dismissed and you would not
2:05:39
be found guilty. If if you failed on deferred
2:05:47
probation, your probation could be revoked, then I could find
2:05:52
you guilty and you could be sentenced up to this, the cap in
2:05:59
this case up to five years in prison.
2:06:09
Now that third option is the kind of probation that we use
2:06:16
most regularly on probation because people have a second
2:06:20
chance, but they have to perform probation properly or else their
2:06:35
probation could be revoked. So deferred or unadjudicated
2:06:38
probation, If you do well, the case is dismissed, you move on,
2:06:43
and you're not found guilty. On regular probation, on regular
2:06:53
probation, you were found guilty.
2:06:56
You were sentenced, placed on probation.
2:06:59
If you do well, at the end of your probation, if you do well,
2:07:06
the case is terminated, but you are still found guilty.
2:07:12
You just don't go to prison. That's important.
2:07:19
And then again, the 3rd, the final option is prison, no less
2:07:24
than two nor more than five years confinement in prison.
2:07:30
So those are the three options. Yeah, nobody wants prison, of
2:07:34
course. But that's why when people
2:07:38
generally, very, very, very few people ever say I want to go to
2:07:42
prison, but some people are before me and they're not
2:07:48
confident that they can can successfully complete probation
2:07:54
because they know they have issues and problems.
2:07:58
But out of the people who are placed on probation in my court,
2:08:03
93% are successful probations, 93 averages, national average is
2:08:11
75. I think it's very high, 93 is
2:08:16
very high because we have a good probation office that work with
2:08:21
the defendants, because we don't want to see failure and we're
2:08:26
very proud of that. That's good for the probationer,
2:08:29
good for everybody. The important issue here, I
2:08:33
think in this case is restitution, and that's
2:08:38
generally the most important issue in all theft cases.
2:08:44
We we're going to make sure that the person who's victimized gets
2:08:48
their money back, whatever they lost.
2:08:51
That's important. That's all.
2:08:53
And that's then that's what's right and fair.
2:08:57
So those are your three options and your attorney seems like a
2:09:02
smart man and he'll help you understand the the good and the
2:09:07
bad on each of those and what decision will help you in giving
2:09:13
you information so you can make the right.
2:09:15
Choice. Now we're not going to do that
2:09:18
today. Absolutely.
2:09:20
So what do you want to do today? I just want my client to.
2:09:24
Be. Made aware on the record what
2:09:26
his current offer is a record present.
2:09:29
That he does. Have a translator present
2:09:30
ensuring that that has been conveyed up since the appellate
2:09:34
cases where that come up. I'll make sure we're getting
2:09:37
ahead of anything like that and that my client wants to proceed
2:09:41
to trial. At this time.
2:09:43
I'm unaware of this. We're going to set this for
2:09:45
trial. If y'all, if you want to decide
2:09:51
to plead guilty and make a deal, maybe on those probation offers
2:09:57
or whatever, let us know because we have a lot of cases on trial.
2:10:08
We try more than anybody here. But if it can be disposed of
2:10:14
without a trial, let's do that. And if he wants to get on
2:10:18
probation, then let us know so that we can move it off the
2:10:24
trial docket. The quick, the important thing
2:10:28
is the quicker you get on probation, if that's what you're
2:10:32
going to do, the faster you're on probation, the faster it
2:10:37
ends. Delay, delays in this court
2:10:43
don't help anybody. It's not good for anybody, so
2:10:49
make a make a decision as soon as possible.
2:10:54
Until then, we'll put it on the job license anything else, no
2:11:00
further from the defense. Thank you.
2:11:03
Please get a resetting. You know, he brings up often
2:11:08
Judge Stevens about how well the probation department in
2:11:12
Jefferson County performs like a 93% success rate or whatever
2:11:19
number he throws out there. But the number he threw out that
2:11:22
most caught my attention was that they are the 22nd county in
2:11:26
size and the 16th in crime rate. And we've remarked before how it
2:11:31
feels like everybody in that county has a case pending.
2:11:34
So I guess it's good that their probation department does so
2:11:38
well because they have such a volume that they deal with
2:11:41
there. I don't know, but it's crazy.
2:11:43
Barbara gifted a membership a little bit ago.
2:11:45
Thank you for that, Barbara. Again, for those of you who are
2:11:49
new here, Barbara is the official link dropper here in
2:11:54
the TCF chat. And I would also say she's
2:11:57
probably the official cheerleader.
2:11:59
Very supportive. So thank you so much, Barbara.
2:12:03
We'll be going to Dungeon Court soon, but before we go there,
2:12:07
let's make another stop in Lake County and Judge O'Donnell.
2:12:13
Thank you. We are present this morning in
2:12:15
the matter of state of Ohio versus Magentia.
2:12:17
This is case number 19 CR 1073. President from court this
2:12:23
morning is the defendant with his attorney.
2:12:27
We are present on a motion for digital release.
2:12:30
This is actually the second motion motion for this release
2:12:33
filed in this case and request for a hearing.
2:12:37
State did receive the motion and should follow a response not
2:12:43
objecting to this. The victim's family is also here
2:12:48
and was informed of this prior to the state's response and the
2:12:52
state is prepared to proceed today.
2:12:54
All right, Mr. Quiz, thank you, Ronan here.
2:12:58
We submitted a motion on this case that is pretty extensive on
2:13:03
behalf of Mr. TMPS. His name is Majiba.
2:13:06
He goes by Max to everybody who knows him.
2:13:09
He's been incarcerated for about 5 years, 8 months.
2:13:12
He made a bad decision long time ago by the year 8 years, about
2:13:16
six years ago, he regrets that decision.
2:13:19
He's done tried to apologize and I think he's written a letter to
2:13:24
the the family that the new consent have been by this whole
2:13:29
situation where the the victims here, he's very remorseful.
2:13:33
He's done everything he can while he's been incarcerated to
2:13:36
prove to the court and the community that he's a worthwhile
2:13:39
candidate to be a full time citizen.
2:13:43
He obtained a college degree while he's incarcerated.
2:13:46
Court might recall before this event occurred, he was attending
2:13:49
Cleveland State and would have had an engineering degree in a
2:13:52
couple of quarters had he remained out.
2:13:56
He has done more incarcerated than any client I've ever had.
2:14:00
I've submitted numerous exhibits of all his accomplishments.
2:14:03
He've attended basically every program that is available.
2:14:09
He's had going remarks from prison personnel, the wardens,
2:14:15
from the guards, the teachers he's had while he was in there.
2:14:21
He has tutored other inmates in addition to everything else he's
2:14:25
done. I think the court can be assured
2:14:28
that if he is released and put on probation, that he will
2:14:31
comply with any of the rules of probation, that he will not harm
2:14:35
anybody in the community. He's not a risk to anybody.
2:14:38
So there's so much I could say about him.
2:14:41
I'm going to submit an extensive motion with all his
2:14:45
accomplishments, all the certifications, all the support
2:14:50
he has in the community, his family and other community
2:14:54
members are here in support of him.
2:14:56
I, I, I'm very impressed with him with what he's done since
2:15:00
this incident. I'm impressed with how
2:15:03
remorseful he is, how well he understands what he did was
2:15:07
wrong and he is genuinely remorseful.
2:15:10
He's not, he's not just saying that.
2:15:12
So I would ask the court to consider everything we've
2:15:15
already filed rather than rehashing it all in front of the
2:15:17
court at this time. I've attached, you know,
2:15:20
numerous exhibits to the motion to outline everything he's done,
2:15:24
support from community members of the members of the community.
2:15:29
And we would ask the court to grant him judicial release.
2:15:31
I don't think he needs any transitional control because of
2:15:35
the fact he's taken every course it would be offered at Neocamp
2:15:38
or anywhere else. He's tutored other individuals
2:15:42
in those same areas while incarcerated.
2:15:46
He's a low risk before he went in.
2:15:48
He's a low risk at this point based on the the prison
2:15:52
guidelines. So I, I would ask the court to
2:15:56
consider granting him shot probation without transitional
2:16:00
control. He has a job waiting for him,
2:16:05
his family, He'll be living with his family here in Manor, I mean
2:16:09
in Willoughby Hills, right, Manor Manor, with this family
2:16:13
and mentor. And I have every confidence that
2:16:18
you'll be a great candidate for a probation judge.
2:16:21
Thank you. Mr. Otia, what do you want to
2:16:22
tell me in support of this motion for judicial release?
2:16:26
Well, honestly, Your Honor, I applied myself, man.
2:16:29
I try to better myself each and every day.
2:16:31
While I was in prison, I did everything I can.
2:16:35
I took advantage of all the resources that are available to
2:16:37
me. I completed all the programs
2:16:38
that I could. I'm sorry for what I did that
2:16:41
day. I'm not a bad person, I just
2:16:42
made a bad mistake. I apologize.
2:16:45
I understand the seriousness of my offense.
2:16:48
I understand the ripple effect behind it.
2:16:49
I didn't just affect my family and the Fanucan family, I
2:16:53
affected the whole community and I have a lot of love for this
2:16:56
community. So I I regret it and I'm
2:16:58
honestly embarrassed by what I did and I apologize to you guys.
2:17:02
I hope you guys can forgive me, if not today, maybe sometime.
2:17:04
Never mind, you guys didn't deserve that.
2:17:07
So, Mr. Downey, Your Honor, the victim's family is here and I I
2:17:12
think I want to give them an opportunity just to make a brief
2:17:14
statement. All right?
2:17:15
Just state your name for me, please, Joe, Your Honor, our
2:17:19
family trust the court in this regard, whatever decision the
2:17:22
court makes. Will be OK.
2:17:24
All right, Thank you. Go ahead.
2:17:27
Your Honor, in reviewing this this motion for judicial
2:17:31
release, I had extensive discussions with the victim,
2:17:35
victim's family, the police, and our response in this case was
2:17:42
not taken lightly given everything about this case.
2:17:48
But ultimately, I think what Mr. Fanucan just stated is exactly
2:17:53
how the court feels or exactly how the state feels as well,
2:17:57
which is if this court determines the judicial release
2:17:59
is appropriate, the state doesn't want to stand in the way
2:18:03
of that and trust the decision of the court.
2:18:06
We noted that in our response, not objecting.
2:18:09
And so we refer to the court obviously, on this.
2:18:12
All right, thank you. OK.
2:18:13
I've gone back and reviewed the presence report and the victim
2:18:16
impact statement, the docket in this case.
2:18:19
And I remember the trial well. It was in 2020, I believe, the
2:18:25
fall of 2020. And what what struck me during
2:18:30
the course of that trial is how somebody who's so intelligent
2:18:35
can do something so stupid. And you managed to manipulate
2:18:41
this other fellow, I forget his name and escapes me at the
2:18:43
moment, into into doing what you did.
2:18:46
Mr. Downey had mentioned when we were in chambers about in
2:18:49
reviewing Mr. Perez's motion with the attachments, what was
2:18:55
accomplished while you were away and quite a bit was accomplished
2:18:59
while you were away. By comparison, most individuals
2:19:03
who go to prison accomplish drug usage while they're away.
2:19:06
And that's about, that's about all they do.
2:19:10
So that I've taken that in a into great consideration.
2:19:14
I, I've reviewed in this motion. I know you filed a motion
2:19:19
previously last fall that I denied, but I went back and
2:19:24
reviewed all the information that was the exhibits in that
2:19:28
motion and review this motion as well.
2:19:31
So how old are you right now, Max?
2:19:34
I'm 27 years old. OK.
2:19:37
And when this all happened, I think you were 20 or 21 on your
2:19:40
way to a engineering degree, right?
2:19:44
What? What else?
2:19:45
What do you I let you out? What are you going to do?
2:19:48
Go work for my family's business.
2:19:50
I'm going to take care of my family, Start my own family.
2:19:55
I'm thinking about going back from my chemical engineering
2:19:57
degree too. How much did you have left in
2:20:00
order to get that? I have one year left.
2:20:03
Franklin University also offered me to take a master's program
2:20:06
online, so I was thinking about it that as well for the
2:20:08
business. All right.
2:20:10
Well, in consideration of the entire record, I'm going to
2:20:13
grant your motion for. Judicial.
2:20:16
Release, I'm going to place you on community control for five
2:20:21
years. You're to not utilize drugs in
2:20:25
any manner, including marijuana, which in Ohio may be legal, but
2:20:31
you're not to use it. You'd have no contact with the
2:20:33
victims, at least at this point. You know, I'm not sure if your
2:20:38
license is still valid or not, but you're to get a valid
2:20:42
license, you're to maintain full employment or full full time
2:20:49
schooling or a combination that equates to of of both that
2:20:53
equates to full time and you're going to complete 200 hours of
2:21:00
community service. Miss Warren.
2:21:02
And the other terms you think are applicable?
2:21:04
OK, You understand the terms? Yes, Sir.
2:21:08
OK if you don't. Comply with the terms.
2:21:10
The state will file a motion to terminate your community control
2:21:13
and if it finds you violated, there's what, another 2 1/2
2:21:16
years or thereabouts left up to another 4 after that.
2:21:22
So when when I sentenced you back in 2025, 1/2 years ago and
2:21:34
I looked at your record, you had no record and I gave you the
2:21:39
definite minimum I gave you of eight up to an indefinite 12 was
2:21:43
the was the most you can get is an indefinite minimum.
2:21:45
And I did that for a reason. OK.
2:21:48
So here's your opportunity to avoid any more of that stuff.
2:21:52
Thank you. Anything else, Mr. Downing?
2:21:55
So As for an additional condition, no contact with the
2:21:58
Co. Defendant.
2:21:58
Duan Lewis. No contact with Louis either.
2:22:03
Mr. Perez, anything further? No, Your Honor.
2:22:05
All right. We're adjourned.
2:22:06
All right. So I have to say I don't think
2:22:11
we have ever heard applause out of Judge O'donnell's courtroom.
2:22:17
A lot of swearing, but never applause.
2:22:19
So different kind of moment out of Judge O'Donnell.
2:22:24
About to enter the last half hour here at TCF Live Lindsay
2:22:27
gifts 5 memberships Thank you Lindsay.
2:22:30
So again I've kind of been giving BIOS this morning for the
2:22:33
new people. Lindsay is, I would say, the
2:22:38
unbridled enthusiasm of TCF. She actually came to me and it's
2:22:44
like I need to be on sidebar, put me on sidebar.
2:22:49
And she's been a permanent panel member for some time there now.
2:22:54
She does the the Blotter reporting for her hometown on
2:22:59
the pre show, usually on Fridays.
2:23:02
Her support of me personally in this community in general is
2:23:07
just amazing. And Lindsay, in my mind, is
2:23:10
probably the the rising talent of TCF.
2:23:15
So Lindsay, thank you for everything that you do for us
2:23:17
here. It's very much appreciated.
2:23:20
Okie Dokie. It is time, my friends, to go to
2:23:25
that wonderful place. For those of you who are new,
2:23:28
you'll love it. You'll hate it, but that's the
2:23:31
whole idea. It's the court that's so bad.
2:23:34
It's so good. The blood red carpeting, the
2:23:38
Soviet Cold War era lighting. The eternal wall of tears behind
2:23:43
the judge. The faint screams from the
2:23:46
background. The printer that never stops
2:23:49
running, The over modulated microphones across the
2:23:53
courtroom. The grumpy judge.
2:23:58
It is said that apple atch injustice is best had in a cold,
2:24:02
dank basement where people used to be tortured.
2:24:06
Ladies and gentlemen, to finish out our final half hour, I give
2:24:09
you our guilty pleasure. Dungeon Court do.
2:24:14
You have a payment on your fronts today?
2:24:16
I think I got $10. Yeah, we've got to make room,
2:24:26
people. OK.
2:24:39
See the clerk to make your payment and you have to set your
2:24:42
next change from June 15th. June 15th.
2:24:44
Yes, Sir. Thank you.
2:25:16
I'm talking in the. Courtroom.
2:25:18
Be quiet. John Benson. 20. 2046 set.
2:25:29
Family. Recovery air report for them.
2:25:36
New * Good screens, new report. OK, So what we've got now since
2:25:50
you finished STAR, you've got 5 days of community service.
2:25:54
And. Your fines and costs.
2:25:56
So yes Sir, take care of those. When can you get some community
2:26:00
service done? I was going to talk to him today
2:26:02
about because I'm in Colegrove. I was going to see if I can
2:26:05
maybe do some community service down there because I don't, you
2:26:08
know what I mean. I don't have a vehicle right
2:26:09
now. You're living in Colegrove?
2:26:12
Yes, Sir, I'm. Marked and dog panel.
2:26:14
OK, Yeah, there's. A dog panel, it's right there.
2:26:17
You have to call them and make an appointment.
2:26:20
I don't believe during the week but on weekends and and holidays
2:26:23
you will. OK.
2:26:25
You got to. Get it done, let's get working
2:26:26
on it. June. 15th will be here.
2:26:29
Next here at 9:00. Thank you, Sir.
2:26:33
Oh, can you pay anything on your phone today?
2:26:35
No, I ain't got a job. But I just got a job for
2:26:37
verdict, so it should be soon. OK.
2:26:39
We'll look forward next time. Thank you for the next year.
2:26:44
Jeremy Caldwell. Jeremy Caldwell is 20. 5338.
2:27:15
OK. I'm going to mark him completed.
2:27:17
He's finished his community service and paid all his
2:27:19
comments off so and there is a report from his treatment in the
2:27:23
file so he is complete. We were a Campbell this year and
2:27:36
I did have a report. Yeah.
2:27:41
I got that they already gave me the case numbers 10627. 123025,
2:27:49
they report. From.
2:27:50
Rs. You paying anything on your
2:28:10
funds? Yes Sir, I have 50.
2:28:11
Dollars. 50. Yes, Sir.
2:28:14
All right, making progress. Go.
2:28:19
Make your payment. Do you want to keep it on
2:28:23
Fridays or does it matter? It doesn't matter, Sir.
2:28:26
Any day of the week. Yeah, that's.
2:28:28
Fine. OK.
2:28:29
And we'll make it actually the 19th of June is a Friday, but
2:28:34
it's a holiday summer and we will have 4:00 on the 18th.
2:28:36
So Thursday June 18th June 18th 9:00 see the 1st place yes.
2:28:45
Sir. Naaman Cox is here.
2:29:04
I apologize. You're over.
2:29:09
I saw you sitting out there 213O622166323569.
2:29:16
You're paying off your fine. So you have a payment today.
2:29:19
A small $140 is all I got with me.
2:29:21
I'm a. $20 is all I got with me. I'll put you down for 20 and get
2:29:26
you back in a month. So 20 today, next year.
2:29:31
Will be the. 15th of June. Thank you.
2:29:47
Have a good day marking or is this here 192674?
2:30:03
You got a. Payment on your phone.
2:30:05
Yes, Sir. How much I'm going to pay a day,
2:30:08
but then I'm going to pay, I'm going to pay.
2:30:12
For the I'm. Going to pay Who's $20 a day Sir
2:30:17
20? Yes, Sir.
2:30:18
And you got to do some community service.
2:30:20
Well, I don't, Sir. OK, when when can you get out
2:30:23
here? I'm going to talk to you.
2:30:26
But I started this past month. I went to jail.
2:30:28
Then I went. To jail.
2:30:30
Here more county you. OK.
2:30:34
Try to stay out of there. I do.
2:30:39
You're like me. You're getting too old to go to
2:30:40
jail. Oh, you helped her.
2:30:43
It's not a good. Place to spend any time.
2:30:45
No. But I'm pretty good on that,
2:30:47
right? I went to court, now I'll be in
2:30:49
the court. OK, I'll set your next hearing
2:30:53
for June the 18th. That's a third Thursday.
2:30:59
See the park to make your payment you got here and do some
2:31:03
of your community services. You got to get that.
2:31:05
That or you got to put you back in jail.
2:31:07
I heard that. Oh.
2:31:10
How would your birthday go? Fine.
2:31:13
Yeah. They're just coming too fast
2:31:14
now. Yeah, I don't know.
2:31:19
OK, we'll. Do the next.
2:31:21
Set I don't guess your name. What's your name, Sir?
2:31:23
Deborah Perry, Yes, he's in. The next.
2:31:25
Set you're in the next group. Misty.
2:31:27
Dodson, Isaac. Hall, Corey Hudson.
2:31:31
The. City of McCartney Evelyn Perry
2:31:33
and Veronica Reynolds Misty Dotson 23706 just working on
2:31:48
your fines and. You got something?
2:31:51
For me, thank. You.
2:31:54
For Mark Marshall, all right. Thank you.
2:32:09
OK. You did very good report for
2:32:11
Marshall Health. Good job on that.
2:32:14
Thank you. What?
2:32:16
Are you going to do when you're? Fine, you got a penny that
2:32:18
you're. Going to not today.
2:32:19
I'm going to try to paste him on it next week.
2:32:23
You know you can do because you've already got an extra.
2:32:26
Community. Yes.
2:32:28
We don't have any. I'm going to set you.
2:32:37
For June 12th is your next hearing.
2:32:41
Thank you, Your honor. That's a Friday, June 12th, 9:00
2:32:45
Isaac Hall 2668 that he did several hours of community
2:32:54
services your last year still got a couple days left.
2:32:58
I bet you're fine. What are you going to do on
2:33:00
that? I'm.
2:33:00
Going to pay $20.00 I think. OK.
2:33:02
How many days do I have left on community surgery for 2/2?
2:33:05
Days, OK. And you if you do extra, you get
2:33:10
$50 a day for every day you do towards your time.
2:33:19
OK, Yours is a newer case. I'm going to go further.
2:33:21
For your next hearing. I'm going to set it for the 26th
2:33:25
of June. June 26th once you get this paid
2:33:30
off. What kind of these hearings
2:33:37
Corey Hudson 25718 Corey Hudson it's not here, hasn't done
2:33:43
anything. The events weren't for failure
2:33:46
here. Mistia McCartney set focus, Got
2:33:58
a report for. Focus.
2:34:11
Says you're a compliant. She's working on housing now.
2:34:15
She got an apartment, Sir, doing very well.
2:34:18
Good. How do you feel about things,
2:34:22
Miss McCarty? They're going great.
2:34:25
Good. All right.
2:34:43
So she's not. Finished, though, I don't see
2:34:44
that she's finished with. She's doing outpatient, but
2:34:46
we're stepping her out. She's doing very.
2:34:48
Well. I'm going to go a couple months
2:34:50
out for your next chance. So, so we'll go into July.
2:34:54
You don't. Have to come back.
2:34:57
So. Two months out because you've
2:35:00
been doing this. For a while and you're doing
2:35:02
really good. Thank you.
2:35:04
Congratulations on that. So let's make it July 17th.
2:35:09
July 17th will be your next hearing, 9:00.
2:35:13
Thank you. You're welcome.
2:35:15
All right, Deborah Perry 25982 Is that United Family recovery?
2:35:36
Thanksgiving report Are you able to pay anything on?
2:35:41
Your time? Not today, I'll.
2:35:42
Be working here within the next month OK.
2:35:45
All right. Good job.
2:35:48
I'll set you. In June, then.
2:35:57
Let's make it the 18th. That's a Thursday.
2:35:59
June the 18th is a Thursday because of the holiday on 19th,
2:36:04
so June 18th 95. June, you said June what, 18?
2:36:10
18. Thank you, Ron.
2:36:11
Thank you, Veronica Reynolds. Veronica Reynolds is 12/24/85,
2:36:22
12:34, 8/13. 1069. She.
2:36:25
Hasn't appeared, so the new. 1. Ricky Scarberry, Amy Slaughter,
2:36:33
Robert Slaughter, Jimmy Sparks, Ron Witherl,
2:36:55
Peaky Scarberry. 20. 4/12/17. And you did some.
2:37:05
Finish over since your last hearing you still got.
2:37:08
Yeah, I've completed the community service since court.
2:37:13
The last time I paid off the fines.
2:37:16
Also, I went to the animal shelter and they let me bring
2:37:22
this, but they couldn't type me up a letter like I have, but I
2:37:27
could get a letter. Talk to Your Honor.
2:37:29
She's saying it's what she's saying is there's some community
2:37:32
service she's done. That hasn't been turned in.
2:37:35
Yeah, I've, yeah. OK, Well, just I mean usually we
2:37:38
don't have any trouble with the animal shelter turning, but.
2:37:41
I believe you went there on your own.
2:37:42
Did you come here and sign? In on the animal shelter, yeah.
2:37:46
And I have their contact information they didn't get in
2:37:49
the office until. I'm not contacting the animal
2:37:52
shelter. That's.
2:37:52
Up to you. You know every person is a
2:37:56
judge. You need to call here verify.
2:37:58
No, I'm not calling anybody. It's on you because.
2:38:01
You got a jail sentence that's suspended if you do the
2:38:04
community service. Prove to me that you did the
2:38:06
community service. OK, You got it.
2:38:10
OK, I'll give you more time to get that done.
2:38:15
All right. June the 22nd for next hearing.
2:38:19
9:00 Amy Slaughter 25391 You just have to pay on the.
2:38:34
Fines do. You have a payment today.
2:38:38
Not today. I do believe Robert did it
2:38:41
online. OK.
2:38:44
Tuesday. How much?
2:38:45
50. All right, it's actually showing
2:38:49
up. You did.
2:38:54
All right, I'll set your next hearing.
2:38:58
June 26th, 9:00 Robert Slider 2539 the same.
2:39:05
Thing and it is showing up. And I'll set you June 26th also
2:39:09
all. Right.
2:39:10
Thank you, Sir. You're welcome.
2:39:18
Jimmy Sparks, 2639. Your honor, we had a mix up in
2:39:24
court dates today. He's on his way here.
2:39:26
He is compliant and then he also got a job at.
2:39:28
Speedway. OK.
2:39:29
He's on his way here now. All right, I'll recall when he
2:39:32
gets here. Thank you.
2:39:34
Ron Liberal. Is here. 14844 Sixteen 4698.
2:39:40
Is. That Andy grieves, he's
2:39:45
compliant. Thank you, Hon.
2:39:51
Anything on your funds? Yeah.
2:39:53
Pay 20 today. See the card to make your
2:40:00
payment. Does it matter what day of the
2:40:12
week you're No, you're on? OK, we're going to do that
2:40:15
Thursday and June the 18th. That's the Thursday, 9:00.
2:40:20
Thanks, John. You're welcome.
2:40:22
That's all the reviews. OK, so we're going to start what
2:40:28
the lawyers call arraignments. So what does that mean?
2:40:32
First hearing Our case is called the arraignment hearing, purpose
2:40:36
of which is to tell you what the charges are.
2:40:38
You don't have to agree with them.
2:40:39
And I don't decide the charge. I usually don't even see them
2:40:42
until they bring it open the folder in front of me.
2:40:45
That's what the prosecutor decides.
2:40:48
They may be false, they may be totally bogus, but you need to
2:40:51
understand what they charged you with me.
2:40:54
So that's why I'm going to hear the charges with you in the
2:40:57
possible penalties. If it's a misdemeanor, I'll ask
2:41:01
you for a plea. That's your answer to the
2:41:02
charge. If you don't know what plea to
2:41:06
enter, if you're confused, if you don't understand what's
2:41:09
happening, or if you want to trial or you want to talk to a
2:41:12
lawyer, you should enter not guilty as your plea.
2:41:16
That preserves all the rights you have and the rights that you
2:41:20
have are, let's go over those. You have the right to remain
2:41:23
silent. You don't have to say anything.
2:41:25
You don't have to incriminate yourself, but people do.
2:41:28
So one thing you need to understand everything in this
2:41:31
courtroom, you can see I'm being videoed right now as I'm talking
2:41:34
to you. You're being videoed when you
2:41:36
get up and talk to me and everything you say is on the
2:41:41
record and in the law. Admissions are a big deal.
2:41:45
You can't say yes, I did it and then later coming to court.
2:41:48
Well, you can, but it's really hard.
2:41:50
To get out of. Them and say, yes, I did and
2:41:52
then later said no, I didn't. I want a trial.
2:41:54
You're going to get that played back to you by the prosecutor
2:41:58
and that has a lot of weight. So best less said the better
2:42:02
about the facts because today's not the trial.
2:42:05
I'm not going to say, oh, you're right.
2:42:07
I'm going to throw the case out because what you just told me
2:42:09
today that's not happening. You have a right to have an
2:42:12
attorney. You can have one appointed for
2:42:14
you if you meet the financial guidelines I have.
2:42:17
If you want one appointed because you can't afford it, I
2:42:20
have to ask you about your income.
2:42:21
You have a right to bail. You have a right to make the
2:42:24
stable. I approve the charge they filed
2:42:26
against you beyond a reasonable doubt.
2:42:27
That's the highest level of proof.
2:42:29
In the law so. You don't know what to do.
2:42:33
Not guilty is. The best choice you can make all
2:42:36
the first case state of Ohio where training could be in the
2:42:39
courtroom now arraignment first time being here have a warrant
2:42:43
just to hear James Cook case number TRC 26756AD and C answer
2:42:54
you're James Cook. Yes.
2:42:58
Mr. Cook, the state has filed A complaint alleging that on May
2:43:03
the 10th of this year at 7 O 6:00 PM in Rome Township, you
2:43:10
were driving a vehicle while you're under the influence of
2:43:13
alcohol or drugs or a combination of those things.
2:43:19
States alleging that you've got some fires.
2:43:21
It looks like there's just one. Well, yeah, just one in the look
2:43:27
back period. So this would be considered a
2:43:31
second offense under Ohio law. On a second offense, the maximum
2:43:36
penalty is 6 months in jail, $16125.00 fine, five year
2:43:45
license suspension, the minimum is 10 days in jail and just
2:43:50
after the fine. The minimum fine now is $750 on
2:44:05
a second fence and I already think I told you that 10 days in
2:44:11
jail if the vehicle. 'S titled to you.
2:44:14
It's also it's required to be impounded for a period of 90
2:44:19
days on a second test if you're found guilty.
2:44:25
And the states? Allege you to refuse to take
2:44:27
tests, Do you? Do you understand those
2:44:30
political penalties? Yes.
2:44:33
You're also charged with not wearing a safety belt.
2:44:36
That's a. Mandatory $30 fine.
2:44:38
If you're found guilty and you're charged with having a
2:44:45
tail light out, that's a minority maximum coming for.
2:44:49
That's $125.00 fine. Do you understand these charges?
2:44:54
Yes. How do you plead to the charges?
2:44:57
Not guilty do. You want a lawyer appointed to
2:45:00
representative. Yes, do.
2:45:02
You have a job. No.
2:45:04
Do you have any income at all? Just check.
2:45:08
Social Security. Social Security?
2:45:12
Well, how much do you get? That's right in $1000.
2:45:16
OK, Well, you're eligible. I'll point Mr. Holt's here or
2:45:22
Mr. Holt is here, but he said he did not want any appointments
2:45:25
around. There.
2:45:26
That's the only attorney I've seen.
2:45:29
I'll. Point, Mr. Stratton, who had
2:45:31
this. Card I believe.
2:45:35
Mr. Stratton is running late, but he said he should be here
2:45:38
anytime soon. He would be here between 10:00
2:45:40
and 10:15. So if you want to stick around
2:45:42
and talk to him where you can try to call him,
2:45:56
I'll set your next team for June the 12th.
2:46:02
There's a form there in the basket to put down your next
2:46:05
handgate on June 12th for a free trial at 10:00 and he can sign
2:46:14
$1000 of our bond. He will have to go to the jail
2:46:18
to get fingerprints. This.
2:46:21
Major will bring you a form take back to the jail for
2:46:27
fingerprints. I need you to sign.
2:46:29
Right here. This is the OAF bond meeting it.
2:46:33
It's a piece of paper saying I promise I'll come to court.
2:46:36
If I don't, I get a warrant for not showing up and I have.
2:46:40
To pay 1000. Dollars as a penalty for not
2:46:42
showing up. So it's kind of the court you
2:46:43
want if. You wait out in the.
2:46:53
Hallway, I'll bring it out to you.
2:46:55
And you take it. All right.
2:47:05
State of. Ohio was Mariah Panel 6, number
2:47:08
TRC 26755. AMD.
2:47:17
Sorry, you need to remove. Your hat Sir.
2:47:24
You need to remove your hat also.
2:47:26
Anybody's got? A hat on the courtroom.
2:47:27
Need to remove it. All right, Sir, or.
2:47:34
You said. Hannah yeah.
2:47:39
So last on May the 10th at 3:21 AM in Fayette Township, you're
2:47:47
operating a vehicle under the influence of alcohol or drugs
2:47:53
and that you submitted to urine screen.
2:47:57
It takes a while for those results to get back.
2:47:59
So I don't have any test results today.
2:48:01
I'm all for several weeks. The state's alleging if you do
2:48:05
get a conviction, it will be your first one under this
2:48:08
statute. So this penalties go up as you,
2:48:12
the more you get, the stronger the penalties are.
2:48:14
So on our first offense, the maximum is 6 months in jail, a
2:48:18
$1075 fine, three-year license suspension.
2:48:23
The minimum is 3 days in a treatment program, a $560 fine,
2:48:30
and a six month license suspension.
2:48:34
Do you understand that charge and the possible penalty?
2:48:36
Yes, Sir. You're also charged with turn
2:48:40
signal violation. That's a minor misdemeanor.
2:48:43
Maximum penalty is $150.00 fine. So you have two charges.
2:48:47
Do you understand them? Yes, Sir.
2:48:49
How do you wish to plead to these charges?
2:48:51
I'm not guilty. You want a lawyer appointed.
2:48:53
Yes, Sir, do. You have a job.
2:48:55
Yes, Sir. I.
2:48:57
Do yes what What's your work? What do you?
2:48:59
Do I work converted? Are you paid by the hour?
2:49:03
Yes. How much per hour?
2:49:05
$16. How many hours a week do you
2:49:07
work? Just depends right now.
2:49:10
Sometimes it's seven days a week, sometimes it's for.
2:49:12
Just depends. So you're working more than 40
2:49:15
hours. A week, not this week, but next
2:49:17
week, yes. It just it goes like on a win
2:49:19
schedule with them. I'm trying not trying to be
2:49:22
difficult or nosy, but under the rules.
2:49:26
I practice as a judge. I have to determine your gross
2:49:30
annual income so. You know what?
2:49:32
You know what? You show in your income tax
2:49:33
return is your gross income. No.
2:49:36
Well, then I'm going to have to figure it out.
2:49:38
What do you think you average 45 hours a week?
2:49:41
Or I would just say 40 like flat.
2:49:48
So I'll get you're making about 33,000 a year gross.
2:49:54
That's sound all right. Yeah.
2:49:56
OK. Do you have dependents?
2:49:59
No. That Well, I can't appoint a
2:50:01
lawyer for you. You're making too much money for
2:50:02
me to appoint a lawyer for you. So you don't have to hire a
2:50:05
lawyer on your own. You think if I give you a month
2:50:10
you can get that done? Yeah, I can try.
2:50:13
OK, so I'm going to set your next.
2:50:15
Well, actually, let's see. We.
2:50:18
Can go longer than that because it'll be it'll be longer than
2:50:21
that before we get the results back on your urine screen you
2:50:24
know from past cases it's been taking probably 9 weeks to get
2:50:29
the results back so let's look at that so I'm going to set it
2:50:33
actually for July 10th July the 10th will.
2:50:38
Be your next hearing. Will be a.
2:50:41
Pretrial. At 10:00 and then you're going
2:50:44
to not guilty plea for you. There's one thing you could do.
2:50:49
You could wait and see what the state's election and the test
2:50:51
results are and then decide if you want to hire a lawyer.
2:50:54
OK, I'm. Going to let you sign a
2:50:55
signature. Bond.
2:50:57
Of $1000. And.
2:51:05
You'll have to go to the jail to get fingerprinted, so we'll get
2:51:09
you a form back or a piece of paper to take with you to the
2:51:12
jail for fingerprinting and do that before your next hearing.
2:51:18
You understand what an OR bond is.
2:51:21
Yes, Sir. OK.
2:51:23
Assist you with getting that signed.
2:51:27
Any questions from any concerns? No, Sir.
2:51:29
You are not under an automatic license suspension.
2:51:32
Since we don't have any test results, Your your your license
2:51:35
apparently is valid. They didn't charge you with
2:51:37
anything with regard to you're not under a suspension.
2:51:40
Currently you don't. Have to wait.
2:51:57
Outside. Alrighty friends, that is it for
2:51:59
today. Thank you all so much for
2:52:01
joining me today. Thank you to everybody who
2:52:04
showed their generosity via super chats and gifted
2:52:08
memberships. Thank you to all who
2:52:09
participated in the chat and just thank you for watching.
2:52:14
We'll be back on Monday 9:00 AM Eastern, 6:00 AM Pacific, 1/2 an
2:52:18
hour earlier for channel members.
2:52:19
We'll probably post some videos during the weekend, so be on the
2:52:22
lookout for those, but have yourselves a great weekend and I
2:52:25
look forward to seeing you all on Monday.
2:52:28
Take care of God bless.