Latest / The Courtroom Files / April 30, 2026 Court Hearings: Judge Stevens Revokes Bond, McBurney Hears Road Rage Shootout, O'Donnell Drops SCRAM + More | TCF Podcast #281

Transcript

April 30, 2026 Court Hearings: Judge Stevens Revokes Bond, McBurney Hears Road Rage Shootout, O'Donnell Drops SCRAM + More | TCF Podcast #281 · The Courtroom Files

0:00
Good morning, everybody. Happy Thursday.
0:02
Welcome to TCF LIVE. My name is Dan Sowell.
0:04
I'll be your guide through our next three hours through
0:08
Courtlandia. We'll start our day in Allegan
0:10
County, Michigan. This is Judge Gosellas.
0:13
I believe he's president. We should be able to proceed to
0:15
sentencing. Sir, how long you been in
0:16
custody? What?
0:18
Was that Sir? How long have you been in jail?
0:22
I'm not so sure, Sir. Mr. Klein, anything on behalf of
0:26
Mr. Monaghan? Yes, Your Honor.
0:28
Mr. Montague, I believe when we he pled to a Circuit Court
0:35
probation violation on April 9th.
0:40
He had been in jail for 14 days at that point on the assault
0:46
battery as well as the probation violations.
0:49
He's remained in incarcerated since that time.
0:52
He received 150 days with credit for 80 days served on here's
0:56
underlying probation violation. Circuit Court recommendation in
1:00
this case was for a jail term with credit for time served will
1:04
impose a jail term of five days in the Elegant County jail.
1:07
You will have credit for five days already served and to
1:10
clarify this will be non consecutive to any other
1:13
sentence. Given that I'm going to waive
1:15
the fines and costs that I'm able to waive, I'm unable to
1:19
waive a state cost of $50 and a crime victim right fee of 75 for
1:23
a total of $125.00 will not come due for payment until at least
1:30
three months out. So with that, Sir, you're all
1:33
set. Today, as the plea agreement
1:35
called for, your sentence was jailed with credit for time
1:38
served. And I've waived all the fines
1:40
and costs that I'm able to waive.
1:42
OK, Thank you. Thank you.
1:45
Thank you, Mr. Klein. You bet.
1:46
I'll be in touch going. Yes, Sir.
1:48
Thank you. Thank you.
1:50
Corey Lessman, can you hear me? You have to understand.
1:56
Hello, sorry. Just file 260087 FY People
2:01
versus Corey Anthony David Lessman here today for
2:05
sentencing. This was originally a felony
2:08
case issued by the Allegan County Prosecutor's Office.
2:12
On a charge of. Assault by strangulation or
2:15
suffocation. Prosecutor's Office also
2:17
indicated Mr. Lessman was 1/4 or suffocate consequent habitual
2:21
felon. Prosecutor's Office then
2:23
dismissed the felony charge that issued against him.
2:27
On the 2nd of April, he entered a plea of guilty to a
2:31
misdemeanor charge of domestic violence, second offense.
2:35
At that time there was a request to set this for sentencing at a
2:38
later date for private rights purposes.
2:41
Reviewing our file yesterday, we have nothing in the court file.
2:46
Is Stephanie Daley present or has she filed any type of impact
2:50
statement with your office, Mr. Ducko?
2:53
Thank you, Your Honor. We have no impact statement and
2:55
I don't believe that she is present.
2:57
Just so the court is aware. I believe alcohol use was a
3:00
factor in this one. Thank you.
3:01
Any any requests for restitution?
3:04
No restitution requests received, Your Honor.
3:07
All right. With that, Mister Lessman, this
3:09
is your chance to tell me anything you would like to for
3:12
sentencing this morning. No, well, my, I was going
3:19
through something. My mom had just passed away and
3:22
my brother's death anniversary was coming up and I'm not
3:25
normally a drinker ever. And I was, I drank and I'm and
3:30
I, it scared me and I won't ever do it again because I don't want
3:34
like that. And I apologize to her and
3:37
everybody for that. There's Klein, on behalf of Mr.
3:41
Lessman, for sentencing. Thank you, Honor.
3:44
Yeah. Mr. Lessman has been so sad
3:48
about everything that happened that day.
3:50
As he indicated, he was he was dealing with some emotional
3:59
issues because of the lost his mom and and the anniversary of
4:06
the death of his brother. And he, he knows, he knows that
4:10
alcohol is not something that's acceptable.
4:13
It's not a way to forget things. It's not a way to deal with
4:16
trauma and sadness. So I'm going to ask you just to
4:20
consider mandatory fines and costs, Your Honor.
4:25
So lastly, this is nothing new for you.
4:26
Your criminal record goes back 26 years.
4:30
You start off with cases through the juvenile court system and
4:34
then on March 22nd of 2010 you were.
4:38
Convicted of a. Felony charge of home invasion
4:41
in the first degree. Went to prison for that.
4:45
April 21st of 2006 were convicted of a felony charge of
4:50
possession of methamphetamine. March 20th of 2009 convicted of
4:57
a violent offense for resisting or obstructing of a police
5:01
officer. March 17th of 2010, pled guilty
5:06
to another drug charge. On January 2nd of 2012, pled
5:13
guilty to another drug charge, a charge of possession of
5:16
methamphetamine, operating while intoxicated.
5:19
Second or subsequent offense. Went back to prison on that for
5:23
18 to 24. Came out of prison.
5:27
May April rather 6th of 2017 pled guilty to another violent
5:33
offense of domestic violence. February 7th of 18, pled guilty
5:37
to another home invasion charge, this one home invasion in the
5:41
third degree. On the 22nd of July of 2019,
5:47
pled guilty to another drug charge, this time for attempted
5:51
possession of methamphetamine. Following year, March 16th of
5:56
2020, another felony charge. Of possession.
6:01
Of. How can you mute whoever
6:03
speaking? Kelly, March 16th of 2020.
6:10
Another drug charge, another charge of possession of
6:14
methamphetamine. So Mr. Lessman has seven prior
6:18
felony convictions. Reviewing his local record, he
6:21
also has seven prior misdemeanor convictions.
6:25
This is the third assault of offense.
6:27
He has one for resisting the police of prior domestic
6:31
violence in 2017. And now this conviction here,
6:37
revealing the facts of this case, doesn't appear to be
6:41
motivated by any more than the most common thing we see for
6:46
domestic violence. It's a fight over a cell phone.
6:50
There was a fight between Ian Stephanie regarding changing her
6:55
passcode on her phone. He got upset, grabbed her by the
6:59
neck, tried to head butter. So for the reasons as stated on
7:04
the record, specifically his extensive criminal history as
7:07
stated on the record. Also, the facts of this case
7:10
will place you on probation for a period of two years and that
7:14
will be with counseling services as directed by the Probation
7:18
department on this charge. Given your extensive history of
7:21
methamphetamines and alcohol will indicate that you're not
7:25
possessed or consume any alcohol, marijuana or illegal
7:28
controlled substances while on probation.
7:31
We'll have the authority to check you for that here at the
7:34
Probation Department. Have you checked by the police
7:37
at your home or have you physically monitored for alcohol
7:41
consumption at any point while on probation?
7:45
There is a protective bond in place indicating no contact with
7:51
Stephanie Haley. That will also be continued as a
7:56
condition of your probation. Probation Department is going to
8:01
have the authority in your case to provide counseling services
8:05
both for domestic violence and for substance abuse.
8:09
On the charge of domestic violence, second offense, first
8:14
of all, there is a $720 oversight fee for that term of
8:18
probation. Fine is $1000, court costs are
8:22
$300, state costs and fees are $125.00 for a total $2145.00.
8:33
No indication in restitution is being requested for any injuries
8:37
or damages. None is being requested at this
8:39
time regarding the fines and cost and oversight fees.
8:44
You will have the entire time on probation to pay that amount a
8:48
monthly payment plan set up through the Probation
8:51
department. As this is an assault of
8:53
offense, you have no right to early discharge from probation
8:57
on the probationary sentence. Finally, for the reasons as
9:00
already stated on the record of imposing a jail term of 30 days
9:04
in the Allegan County Jail, you will have credit for one day
9:07
already served. You will need to report to the
9:09
Allegan County Jail next Friday, May 8th at 3:00 in the afternoon
9:13
or after that time a bench warrant will be issued for your
9:16
arrest. Will indicate that I have no
9:18
objection to work release. If you qualify under the jails
9:23
work release program, our probation department's going to
9:26
contact you on the telephone to set up your probation order.
9:31
What telephone number can they reach you at this morning?
9:33
You. Have to unmute.
9:35
OK, You are free to hang up for the court proceeding, be
9:38
available at the telephone number you just gave us.
9:41
The Probation department will be calling you at that number
9:43
shortly. Good luck to you, Mr. Lessman.
9:46
Thank you Miss by. Thank you, Judge.
9:50
Miss Silverstein, are you there? Yes.
9:54
And are you here for Smith? Yes.
9:57
OK, Smith, can you hear me OK? Yes, yes.
10:10
This file 260802 FY People versus Jacob Jeffrey Smith,
10:17
originally charged in this case with a felony offense to the
10:21
Elligan County Prosecutor's Office on charge of assault by
10:24
strangulation or suffocation, Count 2, with a charge of
10:28
domestic violence. Prosecutor's Office then
10:30
dismissed the felony charge they issued against him and on a
10:35
misdemeanor charge of domestic violence, accepted a first
10:39
offense deferral, which will also result in a dismissal of
10:42
this at the end of that one year period.
10:46
At the time of the plea on the 9th of this month, the
10:50
prosecutor's office request we set this for a later date for
10:53
crime victim rights purposes. And we've had nothing come
10:58
through the court file as of yesterday.
11:01
No one is in the courtroom today.
11:03
Mr. Duffield. Is Jordan Thomas Joseph Kubani
11:07
present or has he filed any type of impact statement with your
11:12
office? Thank you, Your honor.
11:13
He is not present in our office and we have no formal impact
11:17
statement received. Having reviewed the file, no
11:20
indication of either drugs or alcohol being involved and we
11:24
have no restitution request and recommendation regarding contact
11:28
with Mr. Kubani while Mr. Smith is on probation.
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I would advise. That the no contact provisions
11:34
remain in place and that the parties all through that through
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the probation department if they deem it fit.
11:41
Mr. Smith, this is your chance to tell me anything you would
11:43
like to. We're setting up the terms and
11:45
conditions of your deferred sentence, and this is your
11:48
chance to tell me what you'd. Like.
11:50
Would I be able to get that lifted if?
11:54
If he were to contact the courts.
11:56
If he contacts your probation officer and recommends it and
12:00
your probation officer recommends it, they will then
12:03
send something to me recommending it and I will go
12:05
along with that. The main thing they're going to
12:08
be looking for is that you've already gotten yourself engaged
12:12
in some type of counseling so this doesn't happen again.
12:15
Because if it happens again, under Michigan law, if you do
12:18
anything like that, I'm required to kick you off this deferral
12:23
and a conviction will be entered.
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So we're trying to make sure this goes successfully for you.
12:27
But yes, if he recommends it and your probation officer
12:30
recommends it, I think I probably every single time I
12:35
have gone along with that. But the main thing is going to
12:39
be that you show some effort as well by getting involved in any
12:42
kind of counseling that they recommend for you.
12:44
So Yep, that's the goal is to get this is your brother I
12:48
believe. Yes, Sir.
12:50
OK. This is always the goal to get
12:51
you guys back together, OK? OK.
12:54
Anything else you wish to tell me for sentencing?
12:59
No, that's it. Miss Silverstein, on behalf of
13:01
your client for sentencing. We asked the court call the
13:04
recommendation of diversion at this time.
13:06
Thank you. Mr. Smith, as you're hopefully
13:09
aware, the probationary term is for a period of one year.
13:12
There is a $625 oversight fee attached to that.
13:15
The court file is showing you released from jail.
13:18
On a. $500 personal recognizance bond.
13:21
So all of that is due, but you will have the entire year on
13:24
probation to pay that amount on a monthly payment plan set up
13:28
through the probation department.
13:30
Probation department is going to have the authority to require
13:33
counseling services. Given you guys are brothers,
13:36
it'll be a little different than it would be for a husband and
13:39
wife or a boyfriend girlfriend type situation.
13:42
It's essentially more geared towards anger management so this
13:46
type of thing doesn't happen again.
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Again, the no contact provision of your bail.
13:51
Is going to be. Continued into a probation order
13:54
so no contact with Jordan until further order of the court which
13:58
means just that I would have to sign an amendment to your
14:01
probation order. It will be on probation to the
14:04
court till roughly May 1st of next year, 27th 2027.
14:12
If you complete it successfully, the Probation department will
14:15
notify my successor judge and he or she will send you a letter in
14:20
the mail saying your case has been dismissed.
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And of course, that's what we hope happens.
14:25
Mr. Smith, the probation department's going to call you
14:27
shortly to set up this probation order.
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What telephone number can they reach you at today?
14:32
616. 40. Yeah, the court proceeding be
14:36
available at that telephone number, receiving a telephone
14:39
call at that number from our probation department shortly.
14:42
Good luck to you, Mr. Smith. Thank you, Miss Silverstein.
14:45
Thank you. On the telephone What is your
14:49
name? On the telephone ending in 0191.
14:53
Can you hear me? Kyle McCollum all.
14:56
Right. Kyle McCollum, can you hear us
14:58
OK? Yep, OK.
15:02
It's about 260179 SD people versus Kyle Wayne McCollum here
15:07
today for sentencing in this case.
15:12
On the 27th of March, he entered a plea of guilty to a charge of
15:16
operating while intoxicated as required.
15:19
At that time, I ordered a substance abuse assessment and
15:23
he was involved in an accident. I also asked the court staff and
15:28
prosecutor's office to determine if there's any restitution in
15:32
this case. Have received a substance abuse
15:37
assessment. Have not received any type of
15:39
restitution request here through the court.
15:42
Mr. Duffield, has your office received one?
15:45
We have not received any restitution information, Your
15:47
Honor. OK.
15:48
We'll indicate no restitution request has been received and
15:52
none will be ordered. So with that, we are able to
15:55
proceed to sentencing this morning.
15:58
Mr. McCollum, I'm going to start off with a question for you
16:01
because it wasn't real clear from the materials that I
16:04
received. Are you currently on probation
16:07
or parole to the Michigan Department of Corrections?
16:09
Yeah, I got transferred out of Arkansas.
16:11
OK, so you are on probation or parole for how long?
16:16
Like 3 more years? OK, three more years.
16:18
All right. A lot.
16:19
Longer than we'd have you on probation here.
16:21
OK. So were you on probation or
16:24
parole when this happened? Yes.
16:26
What, if anything, they do? I've been talking to my
16:30
probation officer up here, but so far nothing.
16:32
Not a thing, huh? Yeah, well, that's.
16:36
That's concerning, I guess. Go.
16:38
Ahead. Yeah, OK.
16:40
Mr. Mccune, on behalf of Mr. Maneki for sentencing Shutter,
16:44
thank you. I spoke with Mr. Mccullen
16:47
regarding this matter. My understanding is that the
16:50
Probation department has not decided what sanctions he is
16:55
going to face as a result of this offense because he is being
17:01
super courtesy supervised here in Michigan.
17:06
There's a little. More of a process to determine
17:09
what they want to do and what kind of marching orders the
17:13
Michigan Probation Department want to be given from the out of
17:18
state court. But any of that.
17:22
Mister McCollum has not consumed any alcohol since this incident.
17:26
He's certainly fortunate that he didn't hurt himself or someone
17:29
else. He indicates to me he's employed
17:32
full. Time he's a.
17:33
Mechanic. Working on commercial vehicles,
17:37
he supports himself and most a lie upon him and he has
17:42
committed to making changes to make sure he can comply with.
17:46
The. Thank you.
17:49
Thank you, Honor. Thank you.
18:00
Well, I was waiting to find out what exactly was going on with
18:04
that to determine what the sentence would be.
18:06
And if I was told that they have addressed this, they engaged you
18:12
in alcohol counseling services and done some kind of a
18:16
sanction, that would be 1 route or unfortunately in this case,
18:21
they've done nothing. This happened back in September
18:25
of 2025. Tomorrow's May 1st of this year
18:28
and they've done nothing. So I'm going to treat this as I
18:31
would anyone else coming through and place you on probation for a
18:35
period of six months. That will be with substance
18:37
abuse counseling as directed by the Probation Department.
18:40
Standard condition of probation. Do not possess or consume any
18:44
alcohol, marijuana, or illegal controlled substances other than
18:47
those prescribed to you by a medical professional.
18:51
They will have the authority to check you for that here at the
18:54
Probation department. Have you checked by the police
18:56
at your home or have you physically monitored for alcohol
18:59
consumption at any point while on?
19:02
Probation on this charge will also require completion of a
19:06
victim impact panel. Also on this charge, your
19:11
driver's license, at least in Michigan, would be suspended,
19:15
and I'm not sure what your status is, but a condition of
19:18
your probation is going to be that you not operate a motor
19:20
vehicle without a valid operator's license.
19:25
The charge of operating while intoxicated, the fine is $500.
19:30
Court costs are $400.00. State costs and fees are
19:33
$125.00. There's a $180 oversight fee for
19:38
that term of probation in a $100 fee for the substance abuse
19:42
assessment that was done through the court for a total of $1305.
19:48
Quick file shows you released nailing in county jail on a $500
19:52
personal recognizance bond. So all of that is due, but you
19:56
will have the entire time on probation to pay that amount on
20:00
a monthly payment. Plan.
20:01
Set up to the Probation Department.
20:04
Finally, as to your probationary sentence, required to advise you
20:07
that you are eligible to be discharged at the halfway point
20:12
if all the terms and conditions of your probationary sentence
20:15
have been completed at that time.
20:18
So in your case, probation could be all concluded and as soon as
20:22
three months. Also, looking at your criminal
20:26
record here, it looks like you pled guilty to another charge,
20:31
assault and battery on April 10th, which should be just a
20:35
couple weeks ago. Is that set for sentencing
20:37
assault and battery? I haven't, I haven't done
20:41
anything like that. OK, maybe I've got a mistake on
20:44
this then. OK, that's fine.
20:46
So Mr. Maggie, what what does, Mr. McComb, what the situation
20:50
is going to be? Is this the probation
20:52
department's going to call you and they're going to set up your
20:55
probation order, tell them what's going on with your other
20:58
probation. If the other probation
21:02
department starts to set up things that are similar to what
21:04
we're doing here, I would have no objection to having probation
21:09
discharged here. I just want to make sure that
21:11
one of these two probation agencies is doing something to
21:15
address the issues here. So don't want to have you on
21:17
probation for both, but I want to make sure that you're going
21:21
through the same type of services you'd receive here.
21:24
So let them. Know.
21:27
Right now you're honored through mother probation.
21:28
I'm he put me on a alcohol monitoring bracelet for like 90
21:32
days and then I'm also doing a substance abuse treatment
21:35
therapy. That's what I was asking up
21:37
front and I didn't know that. All right, well, at this point,
21:41
let's do this. I'm going to leave this as is.
21:44
The probation department here will have the authority to
21:46
terminate probation if they feel that services are all being
21:49
taken care of otherwise. So let them know everything that
21:54
has been done, particularly the name and telephone number or
21:57
e-mail of your probation or parole agent, and that will
22:00
assist them in coordinating services for you.
22:02
Again, the goal is not to have your recordings to different
22:06
courts at once. OK, OK.
22:08
The probation department here is going to contact you on the
22:11
telephone. What telephone number can they
22:13
reach you at today? 918.
22:15
OK, you are free to hang up the court proceeding, be available
22:19
at that telephone number. I'm sending your file down to
22:21
our probation department. They will contact you at that
22:24
number shortly. And again, hopefully we can get
22:27
these two probations combined sooner rather than later.
22:31
Good luck to you, Mr. McCollum. Thank you, Mr. Mccune.
22:34
All righty. Good morning once again
22:35
everybody. It's TCF Live.
22:37
It's Thursday morning. Good to have you all here.
22:40
So I don't know if you caught it, but Judge Scosella said to 1
22:43
defendant when you something to the effect of when you talk to
22:47
my successor Judge. So I looked it up and just like
22:52
Judge Middleton, he is yet another one who is aged out.
22:56
So at the end of this term, he is done because he has crossed
23:01
apparently that magical line of 70 years old where in Michigan
23:05
you can no longer be a sitting judge.
23:08
At least you can't run for another term after 7.
23:10
So anywho, that's what's up with that.
23:12
Let's go to Georgia, Fulton County, see what's going on with
23:17
Judge Mcburney this morning. OK, let's get back on the
23:21
record. In Mr. Mcwell's case, it's 25 SC
23:26
004117. And last week, Mr. Mcwell, you
23:33
entered A plea. So I've accepted your guilty
23:37
plea. I learned that this is a
23:39
situation kind of near Greenbrier from June of last
23:44
year, and there was some issue with you and your car.
23:54
I think it was actually Miss Brown and her car, plus the
23:59
Watkinses, and you ultimately got out and fired some shots
24:06
near Bank of America. Fortunately, no one was hit, but
24:11
I think a couple of vehicles were hit.
24:15
Those are the trespass counts that I think you damaged some
24:18
vehicles and we were holding off on sentencing.
24:24
You have three prior arrests including this one.
24:27
No felony convictions. So Miss Smith, why don't you
24:34
start for the state? Let me know what the state's
24:37
recommendation is and if you've got any victim impact statement
24:42
from the Watkins's. I don't see anyone online SO but
24:46
you may have important info to share.
24:49
Yes, just starting with the recommendation in this case for
24:51
counts one through 3, the state is recommending 5 years to serve
24:55
2 with the balance probated. For count 4, possession of
24:59
firearm during, we're asking for five years to run consecutive
25:02
and then for counts 5 to 6, we're recommending 12 months to
25:05
serve for counts one through 3 and 5:00 and 6:00 to run
25:10
concurrent. And of course for count 4 to run
25:12
consecutive special conditions of probation, we're asking for
25:16
the defendant to complete an anger management course, to have
25:19
no contact with the victims and to be gainfully employed.
25:23
I did have an opportunity to speak with the victims who were
25:26
shotted that were in the car and also the victims of the the
25:30
people whose cars were damaged. So the people of the AG assault
25:33
charges and the people of the criminal trespass charges,
25:36
starting with the Watkins. They did not want to be on Zoom
25:39
or be in person. However, they did tell me that
25:41
this was a serious crime and they want the defendant to be
25:44
held accountable because there was a child in the car.
25:47
They just asked for updates after we got out of the court,
25:50
but they did not want to be here.
25:51
And as far as Miss Wilcox, she is one of the people whose car
25:56
was shot. She was inside of the car when
25:58
it happened. I had a conversation with her
26:00
and she said that this has changed her life drastically.
26:04
She still has a bullet hole in her car that she has not been
26:06
able to get fixed. Her window was also busted by
26:09
one of the bullets. She was able to get that fixed
26:12
but just not the bullet that's still in the car.
26:15
She said that when because she's not able to afford it, she's
26:19
been going. She didn't go to work for a
26:21
while because she was scared based off of what happened to
26:24
her and she's just been trying to navigate life since it
26:27
happened. She's been kind of taking it
26:29
hard. I spoke with the other person
26:30
whose car was shot. They were not in the car at the
26:32
time, Miss Gordon. She said that she did not want
26:36
to basically be a part of this process.
26:39
She would like restitution. However, I have not gotten any
26:41
receipts or documentation from her.
26:43
But regarding the victims in this case, those are the
26:45
statements that they've asked me to relay to the court.
26:48
OK, got it. So ten serve 2 balance probated
26:53
with the conditions that you mentioned.
26:55
Yes, Judge. All right.
26:57
Mr. Fortis, thank you Judge. We're we're seeking 10 years
27:01
probation. We're also seeking first
27:04
offender. I know that that's discretionary
27:05
with the court, but do do when we did do the plea colloquy, he
27:10
is first offender eligible and you indicated you would just
27:14
take that under advisement at sentencing.
27:16
So I just wanted to make sure that the record was clear what
27:18
we were seeking. I'm going to give you a little
27:20
background. I'm going to give you why I
27:21
think we're we're seeking this. I'm going to call his mom as a
27:23
brief witness. But outside of that, Mister
27:26
Mcwell is 30 years of age. He's living in Georgia his
27:28
entire life. He has very strong ties in the
27:31
community. He graduated high school.
27:34
He maintains a stable employment with Amazon.
27:38
He's a law abiding citizen outside of this.
27:41
It's just this was just kind of a one off.
27:43
We'll get to that in a minute. The incident kind of arose out
27:47
of a escalating situation, not really for him, but for the
27:50
driver of the car that he happened to be in.
27:53
And I believe you know the other, the alleged victims in
27:57
this case that were kind of drawn back and forth regarding
28:00
some erratic driving. And I depending on who you want
28:03
to believe, whether it was the erratic driving by the vehicle
28:07
that my client was in or the erratic driving by the other, by
28:10
the other individuals in the other car.
28:12
And that continued on and we'll get to that in a minute.
28:16
The evidence will demonstrate that really has not been
28:18
conveyed to the court in my estimation correctly and that
28:22
the alleged victim actually significantly contributed to and
28:25
escalated the confrontation. According to the police report,
28:30
the alleged victim armed herself with a brick and then challenged
28:33
the parties to a fight. This was in the police report.
28:37
This is also statement witnesses that were in the police report.
28:41
So the alleged victim in the car in the case gets out of the car,
28:45
arms herself of the brick threatens not only my client but
28:49
threatens the driver. As I indicated, there was an
28:52
independent witness that corroborated that the alleged
28:54
victim threw the brick through the rear window of the vehicle
28:58
causing extensive damage and contradicting portions of the
29:02
alleged victim statement law enforcement.
29:04
So what ended up happening is that when law enforcement
29:07
arrived onto the scene and and interviewed the alleged victim
29:12
in the case, the alleged victim indicated that there was a that
29:15
there was a verbal altercation, that that's all it was.
29:18
What escalated the situation is when the alleged victim gets out
29:22
of the car, arms herself with a brick, basically says do you
29:26
want to fight? And then proceeded to throw the
29:30
brick through the window. So when the police arrived on
29:31
the scene, she negated that she threw the brick through the
29:35
window and obviously, and I've shown pictures to the state
29:40
regarding the brick that did go through the window.
29:42
And not only that, there were independent witnesses that were
29:45
there, that's that were there on scene and stated that she threw
29:49
the brick through the window. So in essence, the alleged
29:52
victim in this case was not truthful to the police.
29:55
So it caused him to question a lot of what she asserts happened
29:59
in this case based on her ability when they arrived on the
30:03
scene to not be truthful about what her actions were prior to
30:07
the big brick being thrown. The the encounter was verbal and
30:12
that that's all it was. And then she escalated it.
30:15
And one would say if she's so concerned that there was a child
30:18
in the car, then, which my client did not know that there
30:21
was a child in the car, regardless, why would you
30:23
escalate a situation and arm yourself and threaten somebody?
30:27
And that's exactly what happened.
30:30
He recently perceived my client did.
30:31
The situation is dangerous. Once the alleged victim armed
30:35
herself, threatened violence, and then and then acted on that
30:38
violence by shattering the back window of the vehicle that he
30:43
was in. While he acknowledges his
30:45
reaction may have been excessive and he accepts responsibility
30:49
for the conduct and that's why we're here today, the the facts
30:52
clearly show that this was just not A1 sided incident where Mr.
30:56
Miguel gets out of the car based on a verbal dispute and and
31:00
starts haphazardly firing his weapon.
31:03
No individual was struck. There's no physical injuries by
31:07
the discharging of the firearm. Mr. Mcwell, as I stated earlier,
31:11
was unaware that there was a child in the other vehicle at
31:14
the time of the incident. And I think that if I'm going to
31:17
elaborate on that, as your Honor will recall, I think that
31:20
calendar call, I had indicated that we were contemplating
31:24
filing an immunity motion at that time.
31:26
And I spoke with Mr. Miguel at length about that because I
31:29
think we had a meritorious argument.
31:31
And I think they're not only that that we had the alleged
31:34
victim in this case just not being truthful.
31:36
However we talked about was the force was, was it reasonable in
31:40
nature #1 and #2 is I think that Mister Miguel felt, you know,
31:44
very bad about the fact when he learned that there was a child
31:47
in the car and, and not what happened, but more or less what
31:50
could have happened. So he decided not he decided to
31:54
forego that route and move forward with accepting
31:58
responsibility before that court.
31:59
And that's what brings us here today.
32:01
So I'm I'm. Curious, I'm looking at the the,
32:05
the original booking information just had citations, but there's
32:08
a much more thorough affidavit from seeing if it's a detective,
32:13
some officer who clearly had done some work on the case.
32:18
It references one of the Watkins's with a brick.
32:23
That person says I didn't throw it.
32:25
Mr. Mick. Well turns himself and you had
32:28
mentioned that last week. So hey, I, you need me, I'm
32:31
coming in to talk. He said that the rear windshield
32:35
had been broken by the brick, but then the officer says there
32:39
was no damage to it. I'm looking at an uploaded video
32:43
and Mr. Migwell could not confirm ever seeing a brick in
32:47
the vehicle. So I we're not trying the case
32:51
right now, but I'm just trying to work through.
32:55
I am. It's clearly more complicated
32:58
than it initially sounded. As I look at this affidavit
33:02
where we've got one of the victims admitting I got out with
33:06
a brick in my hand. She says she didn't throw it.
33:09
Someone holding a brick is different from someone throwing
33:13
a brick. And so I'm just curious.
33:16
You sure can. This is the this was.
33:19
Received by my client and this is his car.
33:21
OK, I mean, it is that that's a car with a hole in a window.
33:25
I don't know if it's if it's this car, but OK, well.
33:29
I can also tell you that they were that that there were
33:32
statements that were gathered independent on the scene and the
33:36
independent witnesses corroborated that the alleged
33:39
victim in this case through the through the brick through the
33:41
back window. OK, OK.
33:43
So regardless of what anybody what what, what they, what the
33:47
police report may say regarding that there there is corroborated
33:51
evidence through independent witnesses who were on scene that
33:55
saw her throw the the breakthrough the window.
33:56
OK, OK. And that's the court just
33:59
alluded to. The court should consider that
34:01
when Mr. Wet Miguel was contacted by law enforcement, he
34:05
voluntarily went down there immediately to give it, to give
34:08
a statement, knowing number one, that he may be arrested.
34:11
But certainly he wanted to let the officers know what his side
34:14
of the story, you know, was. And when he got there and gave
34:18
his side of the story, he was subsequently arrested.
34:21
He was subsequently there given a bond thereafter not at first
34:24
appearance hearing. We did have a bond hearing
34:26
before your Honor and during during that that bond hearing,
34:30
Your Honor put Mr. Mcgwell on an ankle monitor.
34:33
I would say that he was on roughly about six months on that
34:36
ankle monitor without incident and then it was removed during
34:40
the pendency of this case. He completed 50 hours of
34:43
community service. He did a firearm and gun safety
34:47
course and more importantly, all bond conditions from this court
34:51
as you stated, as you stated from up there to my client and
34:55
talked about the seriousness of the event and that we could have
34:58
been here for something much worse.
35:00
You basically advised my client of what those conditions were
35:04
going to be, including the ankle monitor, and he complied with
35:07
each and every one of those conditions that the court put on
35:10
him while he was out on bond without incident.
35:14
It demonstrates that I don't believe he's a danger to the
35:17
community and that he is successful.
35:19
He can be. He's capable of being successful
35:22
in any type of rehabilitation conditions.
35:25
The the state wants him to do some sort of angle anger
35:29
violence courses. We have no problems with that.
35:32
I think that that is warranted under the conditions.
35:35
He he does not know these alleged victims whatsoever.
35:39
He's had absolutely no contact with them either before this
35:42
incident nor during nor subsequent to the incident.
35:47
There are mitigating circumstances to the facts.
35:50
It's not just that there was a verbal altercation and Mr.
35:53
Mcwell jumped out of the car and started firing.
35:56
I think that one can say that he felt threatened at that point.
35:59
Just whether the response was reasonable or not and what that
36:04
reasonableness, you know, is a probationary sentence under the
36:08
first offender, would it adequately punishes him, keeps
36:11
the court with the tabs on Mr. Mcwell?
36:13
I'm sure the courts heard all that before for and being
36:16
accountable for whatever conditions you know the court
36:20
may put on him while protecting the community and preserving the
36:24
making him being a productive member of society as he has been
36:29
by working and and and helping his family and supporting his
36:34
family. He has a lack of criminal
36:35
history. There's no felonies.
36:37
At 3031 years of age, he's demonstrated his ability to be
36:41
compliance on bond, which makes in my opinion his ability to be
36:45
compliance on probation. He's here to accept
36:48
responsibility, not only through denial of filing and immunity
36:53
motion, but certainly trial. And I believe that he's got
36:58
substantial mitigation in this case.
36:59
Not only what he's done on his own, but certainly the facts and
37:03
circumstances, not only to tell the court that when the police
37:06
you when the police come to the scene and you're not truthful on
37:09
what your actions were. It leaves one to believe or to
37:12
think you know what was really said or what was really done
37:15
based on the purview that if you were to accept that from the
37:18
alleged victims. So in this particular instance,
37:21
Judge, what I'm asking for him, but I think is warranted in this
37:24
case is I think that the ten years on probation with first
37:29
offender with the anger management component, if their
37:34
court would like any additional community service, Mr. Mcwell
37:37
would be happy to complete any additional community service as
37:40
well or any of the the conditions that the court may
37:44
deem appropriate. He is holding himself
37:47
accountable for what happened. I just think that incarceration
37:51
is intended for those who cannot be rehabilitated or who pose an
37:55
ongoing danger in the community. I just don't think that his
37:58
history or his conduct or the person that I've gotten to know
38:02
demonstrates that. And if we think about what is
38:06
really going to be achieved by incarceration, I think the
38:09
message had the messaging has been sent.
38:11
Number one, he's taking it extremely serious #2 and then he
38:16
gets out, you know, however long that they hold him.
38:19
And now he's without a job, without a home, without a car.
38:25
And I mean, yes, those are conditions and circumstances of
38:27
conduct. But the reality of it is, is
38:29
that does this conduct and based on all the facts and
38:32
circumstances, does that really warrant incarceration in this
38:36
case? And I think that base and I keep
38:38
bringing up that based on the the veracity when the police
38:42
came onto the scene just caused him to question just raises a
38:45
lot more questions on then answers from the alleged victim
38:49
in this case. I think a probationary sentence
38:52
still serves the interest of justice and I think that this
38:56
young man will benefit from that.
38:58
We'll learn from that and we'll continue to grow from that.
39:01
And I think that that's what the expectation is from this court
39:05
and I think it is the expectation from any court is
39:09
that what does it look like moving forward.
39:10
And I think that the fact that there has been no hiccups along
39:13
the way that I don't anticipate there being any hiccups during
39:17
the course and pendency of any probationary period.
39:19
And I think it's warranted in this case.
39:22
I do have. I'd like to just call his mom
39:24
briefly if that's OK. Sure, and she don't need to
39:26
testify. You can just have her stand
39:28
wherever. While we wait for the mom to
39:30
come up, Barbara, thank you for the $5 treats for Ellie.
39:34
Ellie appreciates that. Thank you so much.
39:36
Tell me your name, my name. Is Wanchella Mcwill.
39:40
OK. Good morning, Miss Mcwill.
39:41
Good. Morning.
39:42
I'm Sebastian Mcwill's mom. OK.
39:45
OK. And just has he lived in Georgia
39:48
his whole life? Yes, I am OK.
39:50
Where was he born? He was.
39:51
Born here in Atlanta, GA. OK, Grady baby.
39:54
No, he's a Emory. Emory baby.
39:57
OK. Tell the court a little bit
39:58
about your son. Tell just what kind of what kind
40:02
of son is. For start of Sebastian is not a
40:05
confrontational guy. I never had problems out of him
40:09
like the last time he finished high school, went to Community
40:12
College for culinary or he been on a good path Before this
40:16
incident he was working for this tech company he was about to
40:19
convert. Overcoming this incident
40:21
happened, he lost his job. He had just bought his first
40:25
car, so the. Car that was in this situation
40:28
or a different car? This car right here, OK.
40:32
OK, who? Who is Miss Brown to him at?
40:35
The time he's girl. OK, so she was driving his car.
40:40
Got it. And ever since the incident had
40:43
been runner sabation. I think he's depressed about it
40:46
because after the last time he was here, y'all stated that it
40:50
was a child in the car and that bothers him because he love
40:53
kids. And right now, like he's doing,
40:57
he's a helper for Amazon flicks. He's doing well, but since this
41:01
incident happened, it's like he's kind of iffy by, you know,
41:06
his confidence in the work and where right.
41:08
And he he's not, he's not confrontation.
41:10
I don't have a problem, you know, and since they put the
41:13
monitor on him and everything he's done, done everything the
41:17
court asked him to do. No hip hop.
41:19
So I just, I just feel like he need a second chance because
41:24
he's not a bad person. Does he stay with you or does he
41:27
have his own place? Stays with me and I got a
41:29
disabled sister OK I work with the job in Houston he had on
41:34
Yeah, that had her me. OK.
41:36
Well, congratulations. Thank you.
41:37
And he hit me with my sister. OK, Sure.
41:40
I work a lot of hours, but like her therapy doctor's appointment
41:44
when I can't make it. Sebastian.
41:46
Anybody say Sebastian will take her for me?
41:49
OK, but he has a place to stay then, in the form of the house
41:52
that you and your sister occupy. Your home.
41:56
And your sister is there. Got it.
42:05
So your sister lives on her own, but you help care for her, as
42:09
does your son, and your son lives with you.
42:12
Got it. Well, I appreciate you being
42:15
here. Thank you.
42:16
Thank you so much. You're welcome.
42:17
Because I think that that's all I have for the court.
42:20
OK, Mr. Mickwell, anything you want to?
42:24
Add if it was a child involved, I apologize because that really
42:27
did like mess with me, especially when I was sending
42:29
out and when I got out and I was on the ankle monitor, it was
42:32
just, it was on the heavy. But now I lie.
42:34
I'm trying to get around the curve, you know, find
42:37
employment, get over this situation and just move on with
42:39
my life. OK.
42:40
All right, you can take a seat. You don't have to stay right
42:44
there. Miss Smith, in the warrant that
42:48
I'm going to say it's Detective Leonse.
42:51
LEONCE completed her affidavit. She says that this car that now
42:58
I know is Mr. Mcwell's car, but that Miss Brown was driving was
43:03
impounded for processing. I'm just curious if you have any
43:08
information from the police reports.
43:11
If there was a hole in the back window, it would have been there
43:14
when they processed it. And this seems to be a point of
43:18
contention. I've seen a picture and you've
43:20
seen a picture. There's a picture of a window
43:22
with a hole in it. I can't tell if that's a Kia or
43:25
not. I don't know that it's Mr. Mick
43:26
Wells car. I'm not doubting Mr. Fortis, but
43:29
anyone could have given him that picture and said, hey, that's
43:32
that's the car. I'm curious what your file shows
43:37
about what law enforcement learned about the state of the
43:43
vehicle. Yes, Judge.
43:44
It was kind of something that was mentioned but never followed
43:46
up on. Even when the car was impounded,
43:48
they didn't say much about it. There was a brick found in the
43:52
car or some type of hole that was in the car.
43:55
When I spoke with the victim is walking, she did say that she
43:58
never threw a brick. So that was something that she's
44:00
still saying. But as far as what happened
44:02
after the car was placed in the property of the agency, they
44:05
didn't follow up regarding if there was a hole in the car.
44:07
OK. Then if they photographed the
44:09
car, those photos didn't get to you and then ultimately to Mr.
44:13
Fordes. That's correct.
44:14
OK. And judge, if I can just say
44:16
this, that there in the police report there's a narrative by
44:19
Officer Taylor Washington. In that narrative he states
44:24
multiple this reading from the multiple witnesses including
44:28
Lenise Gordon stated that during the verbal dispute between Asia
44:32
Watkins and the suspects, Asia did throw a brick into the
44:36
suspects back windshield first while trying to physically fight
44:41
and then the male suspect fired his weapon at Miss Watkins.
44:45
So that's in the. Got it.
44:48
And did you say, Miss Smith, that one of the, I'm not
44:52
remembering the names of the two car owners, was one of them Miss
44:56
Gordon? Yes, it was.
44:57
OK, so that's the same person. I'm assuming yes.
45:00
OK, got it. All right.
45:03
Well, Mr. Mick, well, I've already accepted your plea, so
45:07
now we're just sorting out what ought to happen next.
45:10
I see both sides of this. It, it, it, I don't understand
45:16
how things spun up this much. And I'm fussing at Miss Watkins
45:20
as much as I'm fussing at you and Miss Brown.
45:24
But escalation is indeed what happened.
45:27
People have attitudes when they're behind the wheel of a
45:30
car and it sounds like one of the Watkins's got out, that's
45:35
escalation and had a brick that's escalation.
45:39
Maybe through the brick, that's escalation.
45:42
And then someone brought a gun to a brick party and fired that
45:45
gun. That's escalation in a way that
45:49
in my mind is a whole lot more dangerous than throwing the
45:52
brick. And I don't condone the brick
45:53
throwing. I think that Miss Watkins could
45:56
be, maybe should be charged for damage to your car and to
46:00
aggravated assault that that's an assault, throwing a brick at
46:03
someone. There's this notion of
46:06
proportionality. Do you respond to that, you
46:09
being, I'm assuming, larger and stronger than Miss Watkins by
46:14
shoving her to the ground or making sure she stops or calling
46:17
the police? Or do you pull out a gun and
46:20
fire it 3 or 4 times? And then in my perspective, that
46:25
was disproportionate and it further escalated in a way that
46:30
could have killed a kid, could have killed Miss Gordon, who had
46:33
nothing to do with anything. She's just sitting in her car.
46:35
So I don't know where people were standing and if you were
46:38
aiming at Miss Watkins or aiming at her car, but you can see what
46:42
happens when someone pulls the trigger of a gun.
46:44
Bullets go straight. They don't go where you want
46:47
them to go. And two of them went straight
46:50
into Miss Gordon's car. She's still driving with one of
46:54
your bullets around, stuck in the side of her car.
46:57
And none of that is OK. All of that is, is about as
47:00
dangerous as can be. The one mitigating piece, and
47:06
Mr. Fortis is doing his usual good job, is that it wasn't
47:10
completely non linear by you. It's not that Miss Watkins said
47:14
that your key is ugly and you jump out and you start shooting
47:16
everyone, but that she did something that damaged your car.
47:22
It's crime endangered you or Miss Brown.
47:25
A brick going through a window is also a dangerous situation.
47:29
So I get it that it it wasn't just she's minding she Miss
47:34
Watkins is minding her own business.
47:36
And you didn't like the way she cut your girlfriend off or the
47:40
word she said when when you guys were were fussing at each other.
47:45
I don't have nearly as much information as Mr. Fortis.
47:49
I'm not as confident as he is that an immunity motion would
47:52
have ended with a ruling in in your favor and and thus the
47:59
extinguishment of the case. But we're here now.
48:02
You are taking responsibility. I appreciate that.
48:06
Here's what I'm going to do and hear out the sentence and then
48:08
know that you still got your final plea right.
48:11
So you can talk with Mr. Forest and decide.
48:14
You know what, I don't, I don't want to go to trial.
48:17
I don't know what will happen then.
48:18
So this is what I'm going to do. But let me ask Miss Simpson a
48:22
question. My recollection, and this was
48:25
relatively new news to me and maybe to you, is that people can
48:30
report to the PDC. Yeah.
48:33
OK. Mr. Miguel, I am sentencing you
48:37
on counts one through three to five years.
48:44
Count 4 has to be 5 years. It will run consecutive to count
48:49
1-5 and six will both be one month.
48:53
And here's how those breakdown. Five and six are one month to
48:58
serve, one through three are probated and four is probated.
49:05
So it's a total of 10 years probation.
49:07
It's actually 10 years to serve one month with the balance on
49:11
probation. But the first special condition
49:14
of your probation is that you complete 180 days.
49:17
That's six months. That's half a year at a
49:20
probation detention center. The 2nd special condition is
49:23
that you have no contact with any of the Watkins's.
49:27
It sounds like you didn't know them at the time.
49:30
Strangers to you? Good.
49:32
Keep it that way. You don't look them up.
49:34
No family member looks them up. I don't know if you and Miss
49:37
Brown are still talking. She doesn't look them up.
49:40
The Watkins is need to have no contact from anyone associated
49:44
with you. I will sentence you as a first
49:47
offender. Your lack of criminal history
49:50
justifies that. And I appreciate your mother's
49:55
information that you're just trying to keep moving in the
49:58
right direction, but this isn't something that you get to walk
50:01
away from quite that easily. So to recap, that's six months
50:08
at the probation detention center, but that's something
50:11
that you report to when they have an opening.
50:14
So you don't need to go into custody today should you choose
50:17
to go forward with a sentence. But you will be notified by a
50:21
probation officer. And it's usually a couple months
50:23
wait, give or take, hey, they've got an opening and then you
50:27
report the detention center. You do your time.
50:30
You're getting credit for your probation time while you're in
50:33
there and then you are back out and hopefully moving forward
50:38
with work or school or whatever it is you're going to do.
50:41
I don't see straight probation as an appropriate sentence, non
50:47
custodial sentence. I should say a non custodial
50:50
sentence as commensurate with the seriousness of what happened
50:55
here. Even with the provocation.
50:57
I'm not ignoring anything Mr. Ford has said.
50:59
I hear it and that would be a complicated trial.
51:01
I don't know what the jury would do.
51:03
And you may decide that's what you want to do.
51:05
So, Miss Smith, anything from the state about that sentence?
51:12
Nothing further. OK.
51:14
Mr. Ford has any questions about the sentence before you and Mr.
51:17
Mcwell discuss it. Judge just 180 days.
51:20
I think that he spent some days prior to getting a bond hearing
51:24
you did would that would that time is the 180 days is that
51:28
negotiable based on either a the time that he spent in jail
51:33
before he made a bond #1 and #2 with the because I know it
51:37
sometimes varies from 90 to 120 to 180 days depending on what
51:40
the court orders. Right.
51:41
And then number 2 with the court, take into consideration,
51:45
you know, the six months, not the entire six months, but to
51:48
some of the time that he at least spent on the anchor
51:51
monitor, you know, without without incident.
51:55
I've thought about all those things.
51:57
I don't think the state's recommendation was off base in a
52:02
vacuum. You've helped me understand that
52:05
it was a more complicated situation and that there were
52:12
aggravating factors on the Watkins side.
52:15
That helps put into context what Mr. Mikwell did.
52:19
And so instead of two years, I think 6 months is appropriate.
52:24
I'm aware of the 48 he did and he gets credit for those against
52:28
the month that I sentenced him for the two misdemeanors.
52:32
So he's not going into custody today.
52:35
But I do you understand what my sentence is?
52:38
So I guess the short answer is no, it's not negotiable.
52:41
That's the sentence that I intend to impose.
52:44
But Mr. Mcwell has his final plea, right?
52:48
So you and he should talk about how this is structured, the fact
52:52
that he'll get to turn himself in, not go into custody today,
52:56
and that it's six months, not two years.
52:59
And he can decide. I'll respect his choice and your
53:02
advice to him on that. And if we need to try this, then
53:06
the state needs to bring the Watkins's in and and we'll learn
53:10
more about what really went down and the chips will fall where
53:16
they do. Sure, of course.
53:19
Okie dokie friends, I will keep an eye on that and we'll check
53:22
back in, assuming they reappear later.
53:24
Good morning once again, TCF Live.
53:26
My name is Dan. It's good to have you all here.
53:28
If you are new to the show this morning, do take a moment and
53:31
say good morning to us in the chat.
53:33
We're a friendly folk here. I think you'll like us.
53:36
Let's head a little further South, say good morning to Judge
53:41
Mercer. You've been accused of violating
53:43
the terms of an injunction centered against you.
53:45
There is probable cause for that charge, Mr. Tyndall.
53:48
I think you're entitled to on as far as I can tell so far, but
53:51
I've got to listen to the attorneys to see if they know
53:53
anything that I'm not aware of. Mr. McDaniel, anything on behalf
53:55
of Mr. Tyndall, nothing. You honor me.
53:59
He's local, you know, I think he, I don't know if he's ever
54:01
not appeared. But he's local here.
54:03
Thank you, Mr. Mitchell. Just a.
54:06
Few things, Your honor, we have been in contact with law
54:10
enforcement regarding some information regarding this
54:13
injunction. It has been told to the state
54:16
that since this injunction was enforced, I think on 426 or 427
54:22
of this year, he is consistently been in contact with the
54:28
petitioner in this case. There is a hearing set for May
54:32
20th in which you're actually the one that's overseeing it.
54:35
And, you know, there's just concerns that if he gets out,
54:41
it's out. It appears he's not going to
54:43
follow the rules and terms of the injunction.
54:47
And he even says so in the complaint where he was talking
54:50
about how he was just testing the waters last night.
54:54
He admitted to sending it to the petitioner.
54:57
And you know, he's just, he admitted to all this post,
55:01
Miranda. So we're requesting a little bit
55:04
higher than normal bond when it comes to this and the obvious
55:07
conditions of no contact with the victim in this case
55:10
whatsoever. Thank you.
55:12
Mr. Tyndall. I just said a little higher bond
55:15
for violation of injunction anyway than other misdemeanors.
55:17
And the reason is the person's accused of violating the judge's
55:20
order. So sometimes I think it's kind
55:22
of presumptuous to think that someone's going to follow my
55:24
order when they didn't follow Judge Garcia's order allegedly.
55:28
So it's usually a little bit higher bond than most
55:30
misdemeanors anyway. And also taken to a fact that
55:32
into account the criminal history, your bonds can be $7500
55:36
cash or sure. Do you have a condition?
55:37
No contact the alleged victim at all?
55:40
I know that the complaint alleges she had been agreeing to
55:42
contact. That's what you you told law
55:44
enforcement. According to the complaint.
55:45
Mr. Channel, I need you to be clear.
55:47
It doesn't matter if she contacts you or not, or if she
55:51
agrees to talk with you if you talk to her and there's credible
55:53
evidence of it now that there's a bond set.
55:56
And that starts. Today, even after, even while
55:58
you're still in jail, if you have contact with her and
56:00
there's evidence to support that, that bond will be revoked
56:03
and you'll have no bond at all. You'll just be there.
56:06
In the meantime, you have the right to a bond.
56:08
That's the bond I'm setting. It's cash or surety you'll get
56:10
to use. The phone in a.
56:11
Few minutes to try to post the bond.
56:13
I'm also going to ask the jail to give you a notice for your
56:14
court date, and that will be June the 2nd.
56:17
June the 1st, June the 1st at 9:00 AM will be your court date.
56:21
Mr. Tyndall. But if you do post bond, or even
56:23
if you don't, you can have absolutely no contact with the
56:25
person who's named in the injunction.
56:28
Mr. Tyndall. Do you have any questions, Sir?
56:30
That's it. All right, let's just hang on a
56:33
second. Just a second.
56:34
Mr. Tyndall, our clerk has a question.
56:37
Mr. Tyndall, we've got your first name spelled a couple
56:39
different ways. What's the correct way to spell
56:41
your first name, Sir? NICHOLES.
56:45
ES so the jail sheet is not correct.
56:48
The complaint is correct, Sarge. If y'all can make that
56:51
correction out there. Mr. Chandler, wish you the best,
56:53
Sir. You'll use the phone shortly.
56:54
We have Rita Lynn Cobb. I'm sorry.
56:56
Rhea Lynn, not Rita Rhea. Miss Cobb.
56:59
Good morning, Miss Cobb. I saw you yesterday.
57:01
First appeared you on one charge.
57:02
You now have a second charge of resisting obstructing a law
57:05
enforcement officer. Miss Cobb, I'm going to tell you
57:08
there is probable cause in the complaint.
57:10
This is based upon you allegedly giving a false name for a Co
57:13
defendant who I'll see in just a minute.
57:16
I'm appointing the public defenders office represent you
57:18
both the charge from yesterday and the charge from today.
57:21
And I'm asking that you listen to Mr. McDaniel, your attorney,
57:23
ma'am, Your honor, and case number 26222.
57:26
MMM. She's going to no contest to the
57:28
two charges standing four months in the county jail, 2 days of
57:31
jail credit $370 fine. She has waived the right to
57:34
retry and call witnesses. That'll resolve this case today.
57:37
Thank you. Mr. Mitchell.
57:38
Is that agreeable with the state?
57:39
It is your honor. And Miss Cobb, did you hear that
57:41
agreement? Yes, Sir.
57:43
Do you have any questions about that agreement?
57:45
No, Sir. And is that the plea that you
57:48
would like to intermount? Yes, Sir.
57:51
Miss Cobb, I'm going to accept your plea of no contest of these
57:53
two misdemeanor charges, resisting an officer without
57:55
violence and petty theft. I'm going to judge you guilty
57:58
sentence you to four months in the Jackson County Jail, give
58:00
you credit for the two days you've already served.
58:02
Impose the standard court costs and fines in the amount of three
58:05
7 Is that right now $370 and count 1 weighed the court costs
58:09
and fines and count 2 and just to clarify it's four months and
58:12
each case. Actually it's not it's 60 days
58:15
is the most you can do in the petty theft.
58:16
It didn't have an amount in the complaint.
58:18
Remember from yesterday I. Remember you they.
58:20
Can't they can't can't be a first degree because I found
58:23
probable cause. I found probable cause only for
58:24
a second degree, regardless of how they you mean in the statute
58:28
subsection? Yeah.
58:29
So there's no probable cause for first degree.
58:31
I found probable cause for second degree because I asked
58:33
Mr. Mitchell to notify the officer to put the amount in
58:35
there for. Purposes of today's plea, we can
58:38
amend the charge to a second degree petty theft and make it
58:41
easier that way. So just to clarify, you have a
58:44
60 day sentence on that petty theft because that's the maximum
58:47
for that charge. Then you have a four month
58:49
sentence on the new charge of resisting.
58:51
They're running at the same time, though.
58:53
So essentially the longer sentence is the what's called
58:56
the controlling sentence because that's the one that controls
58:58
your release date. And that was four months in
59:00
jail. And I think I already said it,
59:03
but I waived the court costs and fines and the second count
59:07
resisting. So Miss Cobb, I do wish you the
59:10
best, ma'am. There's no probation involved in
59:12
this sentence. When you finish this sentence,
59:13
you're through with this case. Miss Cobb, you have any
59:15
questions? No, Sir.
59:17
All right, ma'am. Wish.
59:18
The best we have. Emery.
59:21
Shower next, Mr. Schauer. Good morning Mr. Schauer.
59:25
Also saw you yesterday. But it was.
59:27
Not under the name Henry Schauer.
59:29
It was under the name Robert Thompson.
59:32
Robert Thompson. Mr. Schauer.
59:34
So you're accused of 1 count of petty theft from yesterday under
59:38
the Thompson name. You also have a new charge of
59:40
resisting an officer without violence.
59:42
And you have a hold out of Franklin County in case 26-670,
59:48
CF that hold out of Franklin County.
59:50
It appears to have no bond on it.
59:52
I'm appointing the Public Defenders office to represent
59:54
you in Jackson County. There is probable cause for the
59:56
two charges against you here. Listen to Mr. McDaniel, please,
59:59
and we'll see if you have any questions in just a moment.
1:00:02
Your Honor, in case number. 26223 MMM is going to be of no
1:00:06
contest and. Charges.
1:00:07
Just listed you understanding since six months in the county
1:00:09
jail you have two days jail credit $370 fine.
1:00:12
Wait this right for three trial and call witnesses that are
1:00:15
resolved this case today. Thank you.
1:00:17
Mr. Mitchell, is that approval with the state?
1:00:18
It is Mr. Shiver, did you hear that agreement?
1:00:21
Yes, Sir. Mr. Shiver, any questions about
1:00:23
that agreement? Yes.
1:00:25
Sir, is that the plea you would like to enter to resolve these
1:00:27
two misdemeanor charges? Yes, Sir.
1:00:29
Mr. Shiver, I'm going to accept your plea of no contest to the
1:00:32
charge of resisting an officer without violence and pay theft.
1:00:35
Adjudicate you go to both offenses, find the plea is
1:00:37
freely and voluntarily entered with the advice of counsel.
1:00:40
Sentence you to six months in the county jail on the
1:00:42
resisting, 60 days on the petty theft.
1:00:46
But they're concurrent, so it's essentially 1 total sentence.
1:00:49
The controlling sentence is the longer one, which is a six month
1:00:51
sentence. Court costs and fines imposed a
1:00:54
370 only in Count 1. Waive the court costs and fines
1:00:58
and Count 2. Just like Miss Cobb, you have no
1:01:01
probation involved. Mr. Schauer, you finished the
1:01:03
jail sentence. This case is over with.
1:01:05
Mr. Schauer. Do you have any questions, Sir?
1:01:09
Mr. Schauer, I wish you the best, Sir.
1:01:11
Thank you. Sir, Mr. McDaniel, I know
1:01:15
there's a a case that you emailed us about yesterday that
1:01:18
we need to talk to the jail about.
1:01:19
That was that motion. What was that defendant's name?
1:01:23
Mr. McDaniel. Sandy King.
1:01:26
State versus Sandy King. So Mr. McDaniel has made Mr.
1:01:30
Mitchell and myself aware of a motion for early release.
1:01:34
So what I did, gentlemen, let me let me get the style of the case
1:01:36
on the record. I know Mr. King's not here.
1:01:38
We'll we'll bring him up. Obviously.
1:01:39
I just wanted to talk to you about it.
1:01:41
Page 26-22. CTI went and watched the
1:01:44
sentencing. So my question, Sergeant, is Mr.
1:01:48
Mcdaniel's asking that Mister King be released early for a
1:01:51
child's high school graduation, but when he was first appeared,
1:01:54
he had a hold for Orange County. Does he still have that hold
1:01:57
that was dismissed, Your Honor? So the Orange County hold is
1:01:59
gone. So, Sergeant, according to Mr.
1:02:04
Mcdaniel's motion In Mr. King's case, his regular release date
1:02:08
would be early June around the. 1st June 1st Yes Sir.
1:02:12
Yeah, so. Is it safe to assume he's in the
1:02:14
trustee program and had no problems and doing well?
1:02:16
Yes, Sir, he is doing good. And Mr. McDaniel, you're asking
1:02:19
for a release date of when, Sir? Yeah, I'm.
1:02:21
Thinking June 20. May 22nd is fine and I.
1:02:26
Sent it to his wife. Last night and she emailed me
1:02:29
back and she didn't have anything.
1:02:30
She didn't say anything about the 22nd date.
1:02:32
So I think that that's fine. The graduation's the 23rd, so if
1:02:35
they got out the 22nd, they just drive back to Orlando.
1:02:37
And I think 20 seconds is enough time.
1:02:40
Mr. Mitchell, you may not. You may remember this case.
1:02:42
The offer was originally 60 days right before the pretrial, after
1:02:46
the arraignment, before the pretrial, you change the state's
1:02:48
recommended offer to six months, then it come time to plea you
1:02:52
weren't here. Yes, Mr. Gill covered the
1:02:54
sentencing and I listened to both sides.
1:02:56
He had a job. He had a horrible driving
1:02:59
record, but he did have a job and According to him, he was
1:03:02
driving a very short distance from one solar panel field to
1:03:05
another. And I sentenced him to four
1:03:06
months and even told the jail that he could be released a
1:03:10
couple weeks early to go deal with the Orange County warrant.
1:03:13
So I guess my question is what's the state's position on Mr.
1:03:16
Mcdaniel's motion for him to be released, his sentence to be
1:03:19
amended and show it be completed as of May 23rd so it can go to
1:03:23
his daughter's graduation? We have no objection to that.
1:03:25
OK, I don't have a problem with that either.
1:03:27
May 22nd, I'm sorry, May 22nd, but I think I may be out.
1:03:30
May 22nd. Great.
1:03:33
Yeah, that's fine. Let's just bring him up
1:03:34
tomorrow. We'll go ahead and put it on the
1:03:36
record that his, whatever his sentence will be, it'll be
1:03:38
considered completed as of May 22nd.
1:03:40
That way it'll be on the record. Y'all will know now.
1:03:43
Now we'll make it subject to him staying in the trustee program,
1:03:46
obviously. So if he does something to to
1:03:48
lose the game time that y'all think he's going to earn,
1:03:50
that'll change things. So Sergeant, if we can add him
1:03:53
to the list for tomorrow, since I'll be out on the 22nd, we're
1:03:55
going to deal with it. No one else have No one else
1:03:57
have to deal with it. Yes, Sir.
1:03:59
Sergeant, anything else from jail today?
1:04:01
No, that's everything. Mr. McDaniel?
1:04:04
No, Your Honor and Mr. Mitchell. Nothing for the state, Your
1:04:06
Honor. All right.
1:04:07
Ladies and gentlemen, that concludes first appearances.
1:04:08
Mr. McDaniel and Mr. Mitchell, I promise y'all I would get you
1:04:11
some information on on those coverage dates we're going to do
1:04:14
that off of. Okie dokie friends, that brings
1:04:16
to an end his day. Let's go back to Judge Mcburney.
1:04:19
That previous defendant is back. All right, let's get back on the
1:04:25
record and state versus Mr. Mcwell.
1:04:30
Mr. Fortis, you and Mr. Mcwell took an understandable break to
1:04:33
discuss. Does he want to go forward or
1:04:36
does he want to withdraw his plea?
1:04:37
Judge, he would like to go forward.
1:04:39
I did discuss the court's recommendation or the sentence
1:04:42
rather and he think he believes it to be in his best interest.
1:04:46
I indicated with him that I was willing to try the case.
1:04:51
I talked to him about the same things that we talked about
1:04:53
before, which were, you know, some of the pros and cons of the
1:04:56
case and was. It the case.
1:04:57
I think that this is a good outcome and the fact that the
1:05:01
courts allowing him to enter his plea under the first offender I
1:05:04
would ask for for two things. Number one, I would ask the
1:05:07
court to consider restricting his record.
1:05:09
I can send a, a proposed order so that when he gets done with
1:05:14
this, because obviously he's going to lose his job.
1:05:17
But in retrospect, without this on his record, I think that if
1:05:20
the court were inclined to grant my request that I think that he
1:05:23
would be actually more employable, more employable to
1:05:26
would be employers for probably a better job than he has now.
1:05:31
And I would ask the court to consider that.
1:05:32
And I do believe that he's entitled to a behavioral
1:05:34
incentive date. OK, Mr. Mcwell, I will
1:05:39
certainly, and you should send a copy to Miss Smith.
1:05:43
The state rarely objects, but I will certainly enter an order
1:05:47
that restricts access to this case.
1:05:52
Because you're being sentenced as a first offender.
1:05:54
It's not a conviction, which means as you're thinking about
1:05:57
going back to school or getting a job, it's not the kind of
1:06:00
thing that ought to pop up. An employer ought not to be able
1:06:04
to see it, but that employer could right now.
1:06:07
But if Mr. Fortis gets me those proposed documents, then I will
1:06:14
certainly get those in place. As for the behavioral incentive
1:06:17
date, I already thought about that.
1:06:20
I think first offender is the right opportunity here and I
1:06:24
think you, Mr. Mcwell, will control how quickly probation
1:06:29
would reach out to me to say, could we just close this case
1:06:32
down? If you are on probation the way
1:06:35
you have been on bond, probation is very quickly going to get
1:06:39
tired of having to supervise you because you're not presenting
1:06:43
any challenges at all. And they can reach out as they
1:06:46
typically do when there's a longer term of probation to say,
1:06:50
can we terminate this early? But I'm not going to build in
1:06:54
the bid. Given the fact that you're
1:06:56
getting first offender, I think that benefit ought to carry with
1:07:00
it the ability to monitor things a little bit longer and
1:07:05
certainly to give me the ability, if something doesn't go
1:07:10
well while you're on probation, for there to be some pretty
1:07:14
meaningful consequences. I hear your mom loud and clear
1:07:19
and basically your life story that I'm hearing about your one
1:07:22
worst moment, and I'm not painting a picture of Mr. Miguel
1:07:26
as this gun toting, dangerous guy.
1:07:29
Your worst moment just happened to be super dangerous with a
1:07:32
little kid in the car and a completely innocent bystander
1:07:35
sitting in a car that got hit twice.
1:07:38
That's what's yielding these consequences.
1:07:40
It doesn't define you. And that's why I think first
1:07:43
offender is appropriate and that first offender is really not a
1:07:46
risk for you. You're not someone who's going
1:07:48
to have issues going forward and and so you'll be able to take
1:07:52
full advantage of it. Anything else, Mr. Fortis?
1:07:55
Okay, Miss Simpson, we need to give Mr. Mcwell reporting
1:08:00
instructions. Do you want to meet with him?
1:08:03
Yeah, we'll get on the record. You live in Fulton County, OK,
1:08:10
so May 7th and that'll you'll be given a piece of paper, but
1:08:13
that's about a week from now, 8:00 AM.
1:08:15
Don't miss that report date. And to be clear, that report
1:08:18
date is you meeting your probation officer.
1:08:20
You're going home that day. That's not going to the
1:08:22
detention center. It's plugging in with probation
1:08:25
so they can figure out, do a home visit and connect with you.
1:08:31
OK. All right.
1:08:32
Thank you. Thank you, Josh.
1:08:33
It's good to see. You all righty, friends, That
1:08:35
closes out that case. We might come back to Judge
1:08:37
Mcburney later, but let's go up to Lake County, Ohio.
1:08:41
Judge O'Donnell. Thank your honor.
1:08:44
We're present today in Case 26 CR 124, State of Ohio versus
1:08:48
David Weinberger. The defendants present
1:08:51
represented by counsel William Watson.
1:08:53
We're present on a hearing on defendants motion to modify a
1:08:56
condition of his bond. The State has filed a motion in
1:08:59
opposition to that. Thank you.
1:09:02
Watts. Thank you, Adam, may I please
1:09:04
the court. During my client's preliminary
1:09:08
hearing, I believe out of Willoughby Municipal Court, he
1:09:11
was granted a bond along with some conditions including having
1:09:16
a SCRAM bracelet. My client does currently have
1:09:19
that on. There is a cost involved with
1:09:23
that SCRAM bracelet. I believe it is roughly $400.00
1:09:27
a month. My client is a senior citizen,
1:09:32
lives on a fixed income Social Security.
1:09:34
He, he simply can't afford it. I've talked to him several
1:09:37
times. You know, he, he, he's staying
1:09:41
at home, He's not drinking, he's not driving.
1:09:46
Most importantly, in fact, he got a ride here this morning.
1:09:50
He apologizes for being a little late.
1:09:52
They got apparently a little lost.
1:09:53
But but your honor, he simply can't afford the $400.00 a
1:09:57
month. You know, I can appreciate the
1:10:01
state's position of wanting him to not drink and drive.
1:10:05
I'm not trying to undermine the seriousness of the of the
1:10:07
charges here in this case, but but the fact of the matter is if
1:10:12
you were a wealthy individual, then he could stay at home.
1:10:15
And if he's not, which he isn't, then apparently the state wants
1:10:19
him to sit in jail. And I'm simply asking the court
1:10:22
to consider removing the SCRAM bracelet if the court wants to
1:10:25
add any other conditions of bond.
1:10:28
We're, we're certainly more than welcome to it.
1:10:31
And I apologize, your honor, for having my, my phone out.
1:10:34
I, the court had brought this up in chambers, but just to let the
1:10:37
court know I was looking at this before your honor came in.
1:10:40
The first e-mail from Ohio AMS about the non payment was dated
1:10:45
March 16th to Craig Berry. As far as the non payment goes,
1:10:51
though, it wasn't brought to my attention until April 14th of
1:10:55
this year, so approximately 2 weeks ago, about a month after
1:10:59
the first e-mail. And, and I believe at this
1:11:03
point, Mr. Weinberger's at least two months behind according to
1:11:07
Ohio AMS. I, I'm respectfully asking the court the, you know,
1:11:11
take a look at my client. Feel free to ask some questions,
1:11:14
but but he, you know, he, he, he can't afford it.
1:11:18
And in order to prepare for his defense, I'd respectfully
1:11:21
support to allow him to stay out on bond.
1:11:23
Thank you, Your honor. Thank you, Anna.
1:11:25
The State does oppose the defendant's request to remove
1:11:28
that SCRAM monitor due to the serious nature and alcohol
1:11:30
related nature of this offense. The defendant was the driver of
1:11:34
a motor vehicle that was involved in a head on collision
1:11:37
that caused serious physical harm to the driver of that other
1:11:40
vehicle. He's required at least one
1:11:42
surgery for an injury to his wrist caused by the defendant.
1:11:46
At the time that that crash occurred, the defendant's blood
1:11:48
alcohol was at .139g per 100 milliliters.
1:11:54
There was also THC found in his blood at the hospital.
1:11:57
He did consent to that blood draw.
1:11:59
There is a long history of alcoholism, it seems, as
1:12:02
reported by the defendant's family, the defendant's
1:12:04
passenger in his motor vehicle, as well as his hospital records.
1:12:08
The defendant had open containers of alcohol in his
1:12:11
vehicle at the time that this crash had occurred.
1:12:14
So keeping those factors in mind, we would request that the
1:12:16
SCRAM monitor stay in place. It is an appropriate condition
1:12:20
of bond. It is the only way that we can
1:12:21
assure that there is not another instance of drinking.
1:12:26
Well, not really, because he could theoretically start
1:12:30
drinking and get in his car and drive the SCRAM.
1:12:33
Does the SCRAM prevent the car from starting?
1:12:35
It doesn't, but it would give us a notification if there was
1:12:37
alcohol detected in his system. And then what happened?
1:12:39
Then. Then then AMS gets a
1:12:41
notification. Where is AMS located?
1:12:43
I believe somewhere in Lake County, but I'm not.
1:12:47
They they then notify who? Adult Probation.
1:12:50
And by that time, Mr. Weinberger theoretically is driving all
1:12:53
over Lake County by the time probation.
1:12:55
So it doesn't solve that problem.
1:12:57
What it does is causes another problem that if Mr. Weinberger
1:13:02
or substitute any other name represented by the public
1:13:05
defender or appointed counsel can't afford it, then they then
1:13:10
then they should be in jail because they're not meeting the
1:13:13
condition of bond, right? That's a condition of bond and
1:13:15
they're not paying. Then the the answer from your
1:13:18
side of the table is to put them in jail until the case.
1:13:21
Is that would? Be the only way to assure that
1:13:22
there's not alcohol. Well, it's not because we just
1:13:25
went through a scenario where you can use alcohol, get in the
1:13:27
car and drive and and eight hours later that word gets to
1:13:33
whoever and Mr. Weinberger is grabbed.
1:13:35
Up so that doesn't. Solve the problem.
1:13:38
What it does is subject people like him and those who have
1:13:41
appointed counsel at least a great a great percentage of from
1:13:45
being able to be out on bond because they can't pay the 400
1:13:48
bucks to AMS for a SCRAM unit. So I'm going to remove the SCRAM
1:13:52
unit as a condition of of bond. Your bond is at OR still no
1:13:56
drugs or alcohol, no driving, you're not to reside in any
1:14:00
residence where there is alcohol present and you are subject to
1:14:04
random chemical testing. If probation contacts you and
1:14:08
says get to probation now and subject yourself to a chemical
1:14:12
test and you're to do that. If you don't do that, then
1:14:14
you're in violation of bond and then I will put you in any
1:14:17
questions. Not at all.
1:14:19
Anything else, Miss Tuttle? Would you like this to prepare
1:14:21
the order, please, Mr. Watson Nothing further, Your Honor.
1:14:24
All right. Thank you.
1:14:24
Thank you. Fairly short hearing with Judge
1:14:30
O'Donnell, no doubt we'll check in there later.
1:14:32
But let's go down to Texas, Judge Stevens.
1:14:34
T-shirt, that's what you got that's what you've got AT shirt
1:14:38
you're looking at a total of 30 years in prison, right?
1:14:43
And you think your life's future you.
1:14:47
Know. Like that's your best foot
1:14:50
forward AT shirt. Look around, everybody else,
1:14:53
look around, you see ties. The guys have ties and.
1:14:57
Because it's a. Place of importance, respect the
1:15:00
Constitution, Important things. They may not be important to
1:15:04
you, but they're important to most people, and they're
1:15:07
supposed to be important for everybody.
1:15:09
Maybe that's why you're here. The rules aren't important, but
1:15:13
you're going to be held accountable because people do
1:15:15
think they're important. It's the way we live together
1:15:18
peacefully so we can all enjoy the blessings of liberty.
1:15:23
All right. What is the issue today Patch
1:15:27
You just pulled the the second piece of paper you have in there
1:15:29
just so highlighted here. Did you get a copy of this?
1:15:34
And I have it in front of me. All right, well, this looks like
1:15:38
last month a drug patch was collected and showed positive
1:15:44
for cocaine as a result of the testing and.
1:15:48
Anybody wants to? Say anything?
1:15:50
Yes, Your Honor. So my client just recently was
1:15:53
released online and while. It's in the.
1:15:56
When? I don't remember the exact date.
1:15:59
Let's find the date. OK, whatever that is.
1:16:02
Anybody know? But while he was in.
1:16:07
Find the date. Yes, Sir.
1:16:08
So we can go off some things that are certain.
1:16:13
That show was from 2020. Four no it.
1:16:16
Was released February 27th, the 26th.
1:16:19
OK, I'll. See it now?
1:16:21
Yeah, OK. Go on.
1:16:22
Thank you. So while he was incarcerated,
1:16:24
Your Honor, he was on some medication and then.
1:16:29
OK. No, they had him on cocaine.
1:16:32
No. OK.
1:16:33
But it but it wasn't a medication for mental health and
1:16:36
when he was released that he didn't realize it was showing up
1:16:39
on his drug patch until I notified him when I was
1:16:42
notified. What was not showing?
1:16:44
The COVID. That anything was showing up in
1:16:46
his system I. Mean, how's that supposed to be
1:16:48
until he's something is collected and then tested and
1:16:50
analyzed and then reports back to us.
1:16:52
Understood. But but since then, Your Honor
1:16:56
and his drug patch numbers have gone down.
1:16:59
The last drug patch should clean and immediately when I notified
1:17:03
him of the drug patch results he went and on his own and had AUA
1:17:08
and a hair follicle which he does have with him today.
1:17:11
That both showed he was clean. So he did do the best he could
1:17:15
to show. What's the date of that?
1:17:17
Blinder owner, give me a second. Which one is the hair?
1:17:21
Here's the hair follicle right here.
1:17:23
It was collected on April 17th and the report was issued on
1:17:27
April 24th of 2026. Would you like to see it?
1:17:31
No, your word's good enough for me.
1:17:32
But on March this collection, on March 13th, he he had been
1:17:36
released from jail. He had the same week he did go
1:17:39
take a drug test for employment and passed with flying colors,
1:17:46
which is also one of the documents in here.
1:17:50
This would be the drug test he took for employment during the
1:17:54
time of the. Patch and he had been released
1:17:56
from jail when. February 26th or 20. 7th, 27th
1:18:00
February 27th. At 26.
1:18:02
OK. So how do you explain the
1:18:05
positive in March? He believes it had to do with
1:18:08
something that was in the medication he was taking at the
1:18:11
jail. There is a log of the medication
1:18:13
as well. That he believes that's from his
1:18:15
medical experience and your own medical training.
1:18:20
Anything from the standard no, I don't know what medications he's
1:18:23
taking and had a chance to even look and see if anything like
1:18:26
that has any false positives. Here's a list.
1:18:29
I don't know if any of that rings a bell for you right away,
1:18:33
but that's what he was issued in the jail.
1:18:34
I. Don't know anything that does
1:18:36
test positive as cocaine cocaine metabolites.
1:18:39
But here's the problem with all of this is that the nobody's
1:18:47
giving me anything about what he's supposed to be taking, but
1:18:50
what what he is taking and why. But the fact that matter is, is
1:18:54
that he tests positive for cocaine.
1:18:57
So far what I've heard, all I've done is open a door for
1:19:00
everybody, everyone to come out of jail and test positive and
1:19:05
say I want the old demon Sergeant rule.
1:19:09
He may, I may or may not have have been given medication.
1:19:15
But the point is is. If.
1:19:18
I test positive. I'm going to use his rule and
1:19:21
presume that it had to be something that the jail gave me,
1:19:26
which I can't, which I don't know and I can't answer to
1:19:30
because I don't know what they gave me.
1:19:33
The problem is, is that it tests positive.
1:19:35
It's going to be held accountable.
1:19:38
I can always he's, he's going to be held accountable.
1:19:41
His bond is going to get revoked on this.
1:19:44
It's just the way it gets you want to get some more
1:19:48
information? I, I'll open this door up for
1:19:50
another hearing from experts. Anybody you want from the jail
1:19:55
to revisit this? But unless something else
1:19:59
happens, this is the way I'm going to rule.
1:20:01
I'm going. I'm not going to presume that
1:20:03
the jail is giving them cocaine so that they can test positive a
1:20:07
few weeks afterwards and then claim it's the jail's fault.
1:20:11
Not mine, please. Let's say I have you.
1:20:13
Prophy and says. Apparently I.
1:20:18
What's his bonds in each case please?
1:20:21
Judge on the AG's fault, It's 110,000.
1:20:25
Dollars. And on the harassment, it's
1:20:27
20,000. OK, you test positive for a
1:20:30
controlled substance, cocaine. That's a second degree felony.
1:20:33
My hair fog and their your bonds are doubled.
1:20:36
This hair fog did come back clean.
1:20:40
When? Just April.
1:20:42
A month later, ma'am, Not when this test was taken a month
1:20:46
before. He did have some employment
1:20:48
tests that came back clean the week.
1:20:50
Of us thinking. The patch was taken.
1:20:53
I trust these people. That's who we use.
1:20:57
People who are. I can hear something.
1:20:59
Please leave the room when you disturb this court.
1:21:02
Leave the room, Kendall. I'm going to have.
1:21:05
Yeah, we're doing business here. This isn't a cry fest.
1:21:10
Hey, ma'am. Ma'am.
1:21:12
Ma'am. Your outburst just made you in
1:21:14
contempt of court. Ma'am, you can be placed in jail
1:21:17
for up to six months. Would you please just be polite?
1:21:21
Thank you. That's all we ask of people.
1:21:24
Be polite. We're taking care of serious
1:21:26
business up here. People don't like what happens
1:21:29
and so they make a an outburst. You can all, everybody know
1:21:34
that's the rule. You can be held in contempt
1:21:35
before it if you make an outburst and disrupt the
1:21:38
proceedings. Please don't do that.
1:21:39
I don't want to put people in jail unless they're necessary.
1:21:44
I made my ruling. So you you got you had cocaine
1:21:47
in your system. It's a scientific test and the
1:21:50
court that isn't does not believe the explanations y'all
1:21:53
have given. So I'm presuming the test is
1:21:55
correct. Your bonds are revoked, you're
1:21:58
in jail and you must have a drug patch if you post your bond
1:22:03
period in the ball game. What's next?
1:22:06
We set this for trial or what? Yes, your honor is.
1:22:08
That what we want to do on. These well, I haven't had a
1:22:11
chance to speak with Counsel A on.
1:22:14
How about in an announcement In what, two or three weeks?
1:22:17
That would be a permanent. Because maybe something could
1:22:20
get disposed of, brief him along, get him back on on his
1:22:26
feet. He is working for Rice.
1:22:30
Well, of course he'd have to because of this.
1:22:33
I mean, we'd have to test him to make sure that he's negative if
1:22:37
something is fashioned to where he would be released, yes, but
1:22:42
he's got to pass that our drug test to to get released.
1:22:47
What is his criminal history? He.
1:22:50
He has no history. You have no criminal history,
1:22:54
Sir. Just a minute.
1:22:55
No, I'm talking about felonies. Just to be clear, Judge just
1:22:59
muted himself. That's not on us.
1:23:01
We're a couple minutes on the way back machine and try to bump
1:23:03
forward. Hello, nice throat.
1:23:06
Morning. 25 CR 862 is now called the state of Texas versus
1:23:12
Lorenzo Walker. You're charged with the second
1:23:15
degree felony of aggravated assault causing serious violent
1:23:18
injury, which carries with it up to 20 years in prison.
1:23:21
Is it? What is this announcement?
1:23:23
Oh, OK. What are we doing today, ma'am?
1:23:25
If we. Could get one more reset.
1:23:30
That's at my request, Judge. I'd like to visit with the
1:23:32
victim before I make a final offer on that.
1:23:37
It's four weeks. Good.
1:23:38
Yes, Sir. OK.
1:23:38
Yes, Sir. Please.
1:23:40
A Labron Hebert, Right? Just.
1:23:49
Get a resetting from that Lady. Yes Sir.
1:23:54
In one case, yes. Yes. 25 C 499.
1:24:03
Rayburn, James Hebert. Yes, Sir.
1:24:05
You've appealed. Mr. Talley's your attorney.
1:24:07
State's attorney, State jail, Felony publishing.
1:24:12
Threatening to publish an intimate, visual manner.
1:24:14
That's a state jail felony. If convicted, you're facing up
1:24:17
to two years in the state jail. Not a local county jail, but the
1:24:22
state jail, which is like a penal facility.
1:24:25
What are we doing today, Your Honor?
1:24:27
We are working toward a resolution with the court.
1:24:31
Give us six weeks, please. OK.
1:24:34
Six weeks got it better. Thank you State you're sure
1:24:38
talkative during that. Did you want to add it?
1:24:40
He said what we needed to. OK, I didn't.
1:24:43
Thank you. We'll worry.
1:24:44
Darren Pete's is it OK? Actually it's on the on the
1:24:52
docket, but I don't have the file.
1:24:54
So that means somebody pulled the file.
1:24:56
So notification yesterday. David Medina.
1:25:00
Charlie. Hey, Ryan, could you please read
1:25:04
more quietly? But you can just generally just,
1:25:08
you know, could you be more quiet, TomTom saying that you
1:25:11
were, you know, over and over when you're with your loud
1:25:15
thinking, You thought this. You thought for both games.
1:25:19
Yeah. You've got that scholarly
1:25:22
appearance right now. I didn't even recognize him.
1:25:27
OK. This.
1:25:29
Is 24 CR 1338 the State of Texas versus David Medina?
1:25:35
Correct, Sir. Mr. Mr. Rojas is here
1:25:37
representing you. Earlier in this case, you
1:25:42
pleaded guilty to collision involving serious bodily injury
1:25:46
or death, which was a third degree felony which carried with
1:25:49
it up to 10 years in prison. An agreement had been reached
1:25:53
when you entered. Has he entered his plea?
1:25:57
We have just Yes, Sir, because it's not showing that.
1:25:59
Back on March on. The file, I don't even have
1:26:01
anything out here. What was the date?
1:26:06
March 19th. Yes, a pre sentence report has
1:26:09
been prepared and the parties had an opportunity to hear it.
1:26:14
We have. And are there any corrections or
1:26:16
changes to this? Not from the state.
1:26:20
No. No, judge.
1:26:26
It's made a part of the record for all purposes.
1:26:50
There been a determination of restitution.
1:26:53
How much? No, Sir, I don't have anything.
1:26:55
Any correspondence. You know, if I saw looking on
1:26:57
the computer, see there's something that came in that I
1:27:00
didn't know about. My client tells me that his
1:27:02
insurance has paid has settled with Mr. Jones on what are
1:27:05
forcing their their responsible. I don't know those policy limits
1:27:07
or not. There may be some amount above
1:27:09
that. There's a complainant here by
1:27:11
any chance the the victim? No.
1:27:15
OK, no where to begin. The circumstances here are
1:27:20
disturbing that at in February at approx 2024, which would have
1:27:27
been two years ago, a little over two years ago at about 7:30
1:27:30
PM, 7:13 PM. So that would have to be dark.
1:27:34
Yes, Sir. If not dusk, it's certainly was
1:27:39
dark. And Beaumont police went to
1:27:42
College Ave. F, I guess that's College and
1:27:47
Avenue F, an intersection there is Beaumont investigating a
1:27:50
collision between a vehicle and a cyclist and a witness had been
1:27:55
following the vehicle involved in this.
1:27:58
I guess that's the defendant's vehicle at F Ford F-150.
1:28:03
And they officers subsequently located, detained the driver who
1:28:07
was the defendant, Mr. David Medina, and he confessed to
1:28:12
hitting what he thought was a bicycle, panicking and fleeing
1:28:16
to his home without providing assistance.
1:28:18
Investigation later showed that the cyclist suffered multiple
1:28:22
fractures, significant laceration and was arrested and
1:28:29
then ultimately charged with this third degree felony of a
1:28:34
collision involving serious modelling injury or death.
1:28:39
And as far as the injury was concerned to the cyclist, he
1:28:45
sustained severe injuries requiring approximately 8 months
1:28:49
of hospitalization. In 2024, Big Boss 3 separate in
1:28:54
three separate medical facilities undergoing a surgical
1:28:58
procedure in which part of his skull was removed as well as the
1:29:02
insertion of approximately 25 pieces of metal into his hip.
1:29:07
Due to the severity of his injuries, he's no longer able to
1:29:10
return to his prior employment as a Carpenter and is now
1:29:13
significantly limited in his ability to earn an income.
1:29:18
He is currently trying to work for Uber Eats but is unable to
1:29:24
achieve comparable earnings to his previous employment when he
1:29:28
was not injured and that he has an ongoing financial hardships
1:29:32
that has resulted in his current residence in a homeless shelter
1:29:39
of all things. All right, let's just get sadder
1:29:42
and sadder the more you read all right what to do The agreement
1:29:47
here is whatever sentence shall not exceed a cap of eight years
1:29:50
imprisonment. So you were looking at no less
1:29:54
than two no more than eight years can find it in prison.
1:29:56
So can I give him regular probation?
1:29:59
Yes Sir. This is not a one you do the
1:30:01
deadly weapon finding on because because there it was a a vehicle
1:30:06
is but is in its usual and it caused serious bodily injury is
1:30:11
case it means it fits a deadly weapon so we're not foreclosed
1:30:16
you're not because it's not a you cannot make a finding of a
1:30:18
deadly weapon on a failure to render aid the and there could
1:30:23
be deferred or unadjudicated probation.
1:30:25
Yes Sir. Is that what you say?
1:30:27
Charlie Banks are going at stake Judge looking at the victim
1:30:32
saying 8 year sentence is not enough for the most we give him
1:30:35
is 10 and giving him credit for taking response responsibility
1:30:38
is at least now and and pleading guilty and confessing to it at
1:30:41
the scene. I thought the eight-year cap was
1:30:44
appropriate that I still think the eight-year sentence is
1:30:47
appropriate in this because it just leaving somebody there with
1:30:51
those injuries he could have died and it could have been a
1:30:54
second degree felony. Then we would have been looking
1:30:56
at that, that something else, possibly manslaughter charges,
1:30:59
things of that nature. But because of the way the.
1:31:02
Grand jury indicted it and looking at the seriousness of
1:31:05
the injuries, 8 year sentences is pretty light, but it is
1:31:10
within the upper range of the the actual offense charged.
1:31:15
I just can't imagine leaving somebody there on the side of
1:31:17
the road, no matter how much you fear the cops, it's just your
1:31:20
instinct is to just stop and help somebody when they're hit
1:31:23
and he just took off. So we would ask for eight-year
1:31:26
prison sentence. Go ahead.
1:31:29
Just certainly his injuries of Mr. Jones injuries are are
1:31:32
severe. Mr. Medina made a terrible
1:31:36
decision to leave the scene. I don't think anybody can argue
1:31:38
with that. If you look at Mr. Medina's
1:31:41
statement, he is he panicked, went home and his intention were
1:31:44
to call the police. It's just the police got there
1:31:45
before he could he could make that phone call.
1:31:48
We're asking the court to consider probation.
1:31:52
He is accepted responsibility accepted.
1:31:56
He wants the police got there. He, he didn't deny that it was
1:31:58
him that was driving the car. He readily accepted it was him.
1:32:00
He's coming to court and plead, plead guilty to a judge.
1:32:04
Mr. Jones is asking for restitution.
1:32:07
As I say, is it Mr. Medina's insurance is paid?
1:32:10
I don't know. I don't have the information.
1:32:12
For me, I would believe policy limits about $30,000.
1:32:15
Certainly his bills are more than that.
1:32:17
Being in the hospital for eight months.
1:32:20
Mr. Medina is working. He's always had a job.
1:32:23
He's working construction now. He would be in a in a.
1:32:26
Position to make payments towards restitution.
1:32:28
The court could order that payments go first to
1:32:31
restitution. Then if we were to put him on
1:32:33
probation to try to make some restitution to, to, to, Mr.
1:32:37
General said. We hopefully had given a little
1:32:41
bit better life than he's got right now, which he certainly
1:32:43
deserves. If I'm going through this, Mr.
1:32:47
Maybe even has a limited criminal history.
1:32:48
He's got one case where he was on probation for marijuana and
1:32:51
deferred adjudication. Looks like he successfully
1:32:53
completed that. As far as I think that's the
1:32:56
only adjudication that he's got in the in the pre sentence
1:32:59
investigation. He has a support system.
1:33:03
Both parents are available to him, he has a sister that lives
1:33:06
here in Beaumont and and it appears that they get together
1:33:09
regularly. They are able to support him in
1:33:11
any way possible. We're asking for a chance on
1:33:14
probation. Judge I, I looked at the PSI.
1:33:17
It looks like they're recommending that if you were to
1:33:19
give him probation safety. And if that's something?
1:33:22
The court wants to do obviously we can't complain about that if
1:33:26
he just is asking for a chance to continue his life.
1:33:30
Make restitution pay restitution payments to to Mr. Jones.
1:33:34
How much is the restitution I? Don't have anything there's.
1:33:37
No amount Mr. Jones it's it's that's something question can
1:33:41
determine some point. I think the victim in this case
1:33:45
wishes restitution, but we but there's nothing based that I
1:33:50
have a basis to order except to order restitution in an amount
1:33:55
to be determined, I guess. But and it doesn't look like I
1:34:00
think the probation is to determine restitution.
1:34:02
I don't think they have a problem getting in touch with
1:34:04
Mr. Jones. They gave a pretty detailed
1:34:05
statement. I'm going to ask that because
1:34:08
that no matter what happens, restitution is going to be
1:34:11
ordered in an amount to be determined.
1:34:15
But we all, all the parties agree that restitution is owed
1:34:18
here and it is going to be ordered in some amount.
1:34:22
But I can't just say a number now because there isn't anything
1:34:26
here that causes me to be certain.
1:34:29
And I want to be accurate. And the victim needs to be heard
1:34:33
into how much as to how much he's going to he needs to
1:34:38
receive in his losses based upon his losses.
1:34:41
But I anything else? No, just, but I think Mr.
1:34:45
Mcdean. Would like to make.
1:34:46
A brief statement. Go ahead, Sir.
1:34:47
Yes, Sir. And I understand that I did it
1:34:50
wrong. What did you do wrong?
1:34:53
Leaving that man. Why did you do that?
1:34:56
So you knew somebody had been injured, somebody's laying on
1:35:00
the ground and you just drove off, Sir, That's correct.
1:35:06
I was glad somebody didn't run over him after he had been
1:35:09
injured. He's just laying on the road for
1:35:12
somebody, for others to clean up the mess that you would cost.
1:35:17
That's so inhumane. Understand.
1:35:20
OK. I wish I would have done things
1:35:21
different. Well, but the police arrested
1:35:25
you later that day. How long after the event even?
1:35:30
The. Hour that time, but up until
1:35:32
that time you weren't about to turn yourself in right I?
1:35:35
Wouldn't. Yes.
1:35:36
Sir, you didn't, apparently. 30 minutes with somebody knowing
1:35:40
someone was laying on the ground that you had caused injuries to
1:35:44
that and for for 1/2 an hour that didn't bother you to call
1:35:47
the police and say it's me, What do I need to do?
1:35:50
They had to come get you, right? Yes, OK.
1:35:53
It's a bad thing all together. All right, anything else?
1:35:57
Here's what the court's going to do.
1:35:59
We have a multi level ass, a set of circumstances here.
1:36:05
This is like a bar exam because there's different dynamics
1:36:09
involved in this one. I'm going to find that you and
1:36:12
Mr. Medina have pleaded guilty to this third degree felony of
1:36:16
collision involving serious bodily your death guilty
1:36:21
voluntarily. You are mentally competent to do
1:36:24
so. You understand and appreciate
1:36:26
the consequences of pleading guilty.
1:36:28
There's sufficient evidence supporting your guilty plea from
1:36:31
stones Exhibit 1 admitted in your plea hearing to find you
1:36:35
guilty beyond a reasonable doubt.
1:36:37
I I now find you guilty beyond a reasonable doubt of this third
1:36:43
degree felon. Now the agreement is whatever
1:36:47
sentence shall not exceed a cap of eight years confinement which
1:36:51
puts the court in a position of three different options,
1:36:54
deferred or unadjudicated probation which is foreclosed.
1:36:58
Now, because I have found you guilty of this felony beyond a
1:37:01
reasonable doubt, we have regular probation up to 10 years
1:37:06
in length and confinement in prison.
1:37:10
The state is asking for confinement and your attorney is
1:37:15
asking for probation. The state's request is certainly
1:37:22
reasonable. It's also based upon what the
1:37:24
victim wants to judge complaining in the case here,
1:37:27
here's here's what and I've seen this the victim has all between
1:37:33
his physical problems and his monetary loss, he is in a bad
1:37:38
situation. Here's what the court is going
1:37:40
to do. I'm going to sentence you to 8
1:37:46
years in prison. Everybody listen and hear me
1:37:50
out. You that will be suspended.
1:37:52
You were placed on regular probation for 10 years #1 as a
1:37:57
condition of probation, I can place you in a jail for 180
1:38:03
days, and I'm going to do that. You're going to have to do 6
1:38:06
months in jail. After that, you are going to go
1:38:10
directly to a substance abuse felony punishment facility and
1:38:15
complete a substance abuse program.
1:38:20
You will also be ordered to pay restitution to this man and
1:38:25
it'll be whatever his full losses off that that are still
1:38:30
that we all all the parties agree are necessary but are not
1:38:35
determined at this time. Your statements here in this pre
1:38:39
sentence report about your let's see marijuana use, which is
1:38:47
overwhelming for years, daily from the age of 15 to December
1:38:54
2025. How old are you now?
1:38:58
17 years of marijuana, cocaine from 28 to December 25 frequency
1:39:07
on weekends. You're also going to do this.
1:39:10
You're going to be ordered to fully cooperate with law
1:39:14
enforcement on the sources of these drugs that you have
1:39:19
acquired. And you might take a polygraph
1:39:21
test. And if I catch a line, that'll
1:39:24
be another reason that could be used where your probation could
1:39:27
be revoked. The state's request is certainly
1:39:31
reasonable, but you need, you need some other help as well as
1:39:38
confinement and you're not going to get it by going to prison.
1:39:42
And the poor victim here needs his value and his expenses paid,
1:39:48
which are going to be thousands of dollars, which you're going
1:39:51
to be responsible for, which you would not be if you go to
1:39:54
prison. But you're going to be in a
1:39:57
facility of be a prison like facility for at least nine
1:40:02
months, which is maybe less than what you deserve from what the
1:40:07
victims. Problems are you've made a big
1:40:10
mess here, but but the biggest mess is your decision to use
1:40:15
drugs illegally. Then every one of those
1:40:20
instances is a crime in itself. So every one of those and you're
1:40:25
doing it for years, you've been doing it for years, but between
1:40:30
but long between cooperating with law enforcement as a
1:40:34
condition of your probation, going to confinement in jail for
1:40:41
180 days, which is the most I can order and say, and going
1:40:44
from there directly to substance abuse.
1:40:47
I don't want his feet put touching the ground until all of
1:40:51
this is accomplished. And and you cooperate with law
1:40:56
enforcement and they send something back to me that you
1:40:59
have been that they're satisfied that you cooperated.
1:41:03
Those are going to be included with the conditions of the other
1:41:08
conditions of probation that we normally assess.
1:41:12
Do you have orders sets that probation's asking if you have
1:41:14
set of orders underneath your file.
1:41:16
Is this underneath your file Here is this I'm sorry, I know
1:41:19
I'll do probably here they always that it couldn't.
1:41:22
Here's some special You have special conditions as well.
1:41:32
This is the substance abuse felony punishment facility
1:41:37
special condition. I'm signing on this day.
1:41:43
Oh, you're good, but. There's no fine because the
1:42:04
restitution is going to be. Thank you, Jeff.
1:42:07
Is going to be I'm putting TPB to be determined.
1:42:13
Yes, Sir. OK.
1:42:21
Also 180 days and when do we begin this?
1:42:26
You report in Friday on the before 6:00 PM, you understand
1:42:30
Sir, it'd be this is coming Friday.
1:42:35
There's 31 days in April, right? 30. 3030 in April.
1:42:39
Yeah. OK, Tomorrow's Friday.
1:42:41
OK, Got it. Check all.
1:42:46
That's that's all I was in. And once you sign all those
1:42:49
orders and they can send over to the jail, that safety hold will
1:42:51
be placed on him anyway. Once he completes that 180 days,
1:42:54
he'll have that hold so he won't be able to step foot off the
1:42:56
ground. Thank you.
1:43:03
Anything else that is all you're an assess on this.
1:43:09
Fingerprints. You guys let me know what you
1:43:11
think in the chat, but that sentence works for me.
1:43:14
I mean the guy had a whole ton of injuries and stuff, but he's
1:43:17
going to need restitution and if you put him away for eight
1:43:21
years, then he's there's no chance of him seeing a dime.
1:43:25
At least now he's got a chance. So I think that works.
1:43:28
If you see a different, let me know.
1:43:30
Let's let's go back up to Michigan.
1:43:33
Judge McNally just got his day started a few minutes ago.
1:43:36
So late start for him, but let's see what's going on.
1:43:38
Your name, Mr. Reynolds. You got to slow down, Sir.
1:43:43
If you see mine hat, please. You see mine?
1:43:47
You have to my name on it next time.
1:43:49
You just know that I'm not going to give you impeding.
1:43:52
OK? All right.
1:43:53
To the charge of impeding traffic.
1:43:55
Responsible. Not responsible.
1:43:58
I'll accept the plea. Dismissed.
1:43:59
The limited access fines cost 180.
1:44:02
You can go down the home and take care of that.
1:44:04
You're all set. Thank you.
1:44:05
I'm going to take that misdemeanor now if you guys can
1:44:08
get it to me. Faith Aloma owning 26R514621,
1:44:13
your name. Good morning, ma'am.
1:44:16
You're going to plead the impeding traffic, correct?
1:44:19
All right. To that, you plead responsible
1:44:21
or not responsible. All right, I got you.
1:44:24
Got a clean record. I'll accept the plea.
1:44:26
Dismiss the speed 150. You're all set.
1:44:28
Guess you're into the hall. You're right.
1:44:30
Good luck. Give me that file, guys.
1:44:31
Come on. I need your help today.
1:44:33
Where's that file at? He's having a problem signing
1:44:35
judgment. Crane, Brian Charles Crane,
1:44:38
26-F2656-O5. John, Give that file to Mr.
1:44:43
Pellen when you get it back on earth.
1:44:46
Good morning, Council, your appearance.
1:44:48
Morning, Your honor. My name is Edward Paul M.
1:44:50
NHL PP7115. Sir, your name?
1:44:55
Brian Crank. All right, so your client's
1:44:57
charged with malicious use of a communications device.
1:45:01
How is he going to proceed? Your Honor.
1:45:03
We, we are waving the reading of the charities and we are sending
1:45:07
you all right. I'm entering an act guilty plea.
1:45:10
I'm going to set up bonds, all right.
1:45:13
He's been employed. Closed office for 25 years yet
1:45:16
for the opinion record. OK, well, I'll give them a
1:45:19
personal bond. I don't have a problem with
1:45:20
that. But I'm telling you, no contact
1:45:23
with her. If I find out you had any
1:45:24
contact with her own error, then I want you to understand.
1:45:27
I'm going to go ahead and set a bond.
1:45:29
You're not going to be able to make.
1:45:30
OK. So no contact at all with the
1:45:32
victim in this case. You cannot write, phone, see
1:45:35
text, e-mail, or communicate in any way with Susan Sherbrooke.
1:45:40
No contact, direct or indirect. Either you direct or through
1:45:44
another person. No contact with prosecution
1:45:47
witnesses. You're not to enter or go near
1:45:49
or go near 258 O1 Valley Creek Dr., Valley Creek Dr., Apt 1-O O
1:45:55
one in the city of Flat Rock. You're not to leave the state
1:45:58
without consent. You're not to violate a law.
1:46:01
He must appear in court as directed.
1:46:02
You cannot possess firearms or dangerous weapons.
1:46:05
And you have to go over to the Flat Rock Police Department to
1:46:07
get fingerprinted and photographed today, and they
1:46:10
have to do that by noon. OK, So you'll leave here.
1:46:14
We're going to give you your notice, and then you'll go over
1:46:16
there. You'll get printed,
1:46:17
photographed. We'll send a copy of the order
1:46:20
over and we'll go from there. Any questions, Mr. Mall?
1:46:24
Anything else? Nice to see you, Mr. Mall.
1:46:27
All right, go down the. Oh, wait.
1:46:29
I have to give you a date. I'm sorry.
1:46:30
What do you have, Heather? We can do May 7th at 9:45.
1:46:36
Good with you, Mr. Mall. Yes, you're on there.
1:46:38
That's. Right, May 7th at 9:45.
1:46:41
OK, best of luck to you. Thank you.
1:46:44
I'm sorry, what was the bond you were doing for him?
1:46:47
I thought I let me see 1000. I think I said yeah. 1000
1:46:54
Personal. 1000 Personal. OK.
1:46:57
John, Freddy Arango Canons 26-F245835-AB and C All right,
1:47:04
Miss Bill. And you're still Underoath.
1:47:07
OK, Sir, Your name. John, Freddy.
1:47:14
Mr. Mays, good morning. All right.
1:47:19
So he stood mute. Wave formal reading.
1:47:22
Now there's going to be a plea of guilt to the charge of
1:47:25
operating while visibly impaired with the driving while
1:47:29
unlicensed, operating while intoxicated and avoiding traffic
1:47:32
control device. All to be dismissed, Correct?
1:47:35
Correct. Is that what you want to do,
1:47:37
Sir? Why was there an accident?
1:47:44
No, judge, it's a. Do you remember what happened
1:47:48
when you were driving, Sir? No, I didn't.
1:47:54
I didn't ask you that. I'm asking, do you remember what
1:47:57
happened? Police officer stopped me.
1:48:06
The recollection doesn't recall what you drank and how much you
1:48:08
crank. You know it doesn't recall.
1:48:09
What happened directly out? All right, but you remember
1:48:13
driving, right? Yes.
1:48:18
All right, I'm going to take a guilty plea.
1:48:20
Yeah. If you plead guilty to operating
1:48:23
while impaired, the possible penalties are up to $300 in
1:48:27
fines, 93 days jail, 360 hours community service, court costs
1:48:33
are all those four points would be added to your traffic record.
1:48:39
Your license would be suspended or revoked in accordance with
1:48:42
your record. Your vehicle could be or might
1:48:44
have to be immobilized depending upon your record.
1:48:46
Do you understand all that? Yes.
1:48:48
All right, did Miss Villa rule? Read the Advice of Rights form
1:48:52
to you. Yes.
1:48:57
If you plead guilty, you're giving up all of those rights
1:48:59
and we're not going to have a trial of any kind.
1:49:01
You understand that? Yes.
1:49:09
Do you still wish to plead guilty?
1:49:13
No contest. I'm not taking a no contest
1:49:16
plea. Yes, guilty.
1:49:29
I'm. Going to ask you again to the
1:49:31
charge of operating well impaired.
1:49:33
How do you plead? Yes, yes, guilty.
1:49:43
Were you operating a motor vehicle in the city of Flat Rock
1:49:49
on Telegraph near East Huron River Drive?
1:49:55
Near East Huron River Drive on March 30th, 26 at 12:44 in the
1:50:02
morning. Prior to that, did you consume
1:50:08
alcohol? Yes.
1:50:12
What kind of alcohol were you drinking?
1:50:19
Beer. Corona.
1:50:20
That's it. OK.
1:50:22
Do you have more than eight of those?
1:50:25
The ultra service I don't. Remember.
1:50:27
OK, but you did you? Do you remember drinking?
1:50:29
It took me 1/2 hour do. You remember drinking several
1:50:32
Coronas? Well I was drinking for 1/2
1:50:39
hour, I don't know how many I can.
1:50:42
Why were you pulled over by the police?
1:50:47
Because the traffic light. And were you ultimately arrested
1:50:55
and transported to the hospital? No.
1:51:03
First to the police station. But ultimately, did you go to
1:51:06
the hospital for a blood test? After about 5 hours, maybe 4.
1:51:16
And Council, do you stipulate that the blood draw was accurate
1:51:20
for purposes of the plea with the result of O .195?
1:51:24
They had also already given me some water.
1:51:27
Are you on probation or parole? Before they took me to the
1:51:30
hospital, they gave me water. Are you on probation or parole?
1:51:41
Do you understand that there could be immigration
1:51:43
consequences associated with this?
1:51:58
You still wish to plead guilty? I'm asking you, do you want to
1:52:07
still plead guilty? Sir, we're dealing with file
1:52:26
that I reviewed the potential immigration consequences of
1:52:37
consequences, yes, and at that time.
1:52:41
You were made aware. That it could possibly be issued
1:52:45
with regard to your status based on.
1:52:55
Yeah, I can answer all your questions, regard any concerns.
1:53:09
Yes, and you will agree to the author knowing well the
1:53:15
immigration consequences would be correct.
1:53:25
Yes, Sir. All right, I'm going to accept
1:53:27
your guilty plea. I find it to be inaccurate plea.
1:53:30
I'm going to dismiss the OWI, dismiss the disobey traffic
1:53:35
signal, and dismiss the driving while on license charges.
1:53:41
I'm going to refer you for a screening and assessment.
1:53:44
You're going to fill out a questionnaire and be interviewed
1:53:46
today. Probation will prepare a report
1:53:49
and recommendation. You will have a chance to review
1:53:51
that with your lawyer when you come back for cents.
1:53:54
OK. Do you have any questions?
1:54:00
I do want. To I have to address bond too?
1:54:02
Go ahead. Mr. The defender here did pay
1:54:07
EDC charge he paid $135.00 but that that was ultimately
1:54:12
dismissed. Would the court be able to?
1:54:15
Yeah, he's paid that, Heather. He he showed, he showed me he
1:54:19
did pay 100. Yes, it looks like he did Judge.
1:54:22
I'm double checking that right now.
1:54:23
Yes, he did. We will.
1:54:26
I'm dismissing. That and that 100.
1:54:27
And $35 will apply. Put that as a bond.
1:54:31
OK. I will make the bond on this
1:54:33
case on the drunk driving $135 cash.
1:54:38
So you're going to transfer that money over to the A file?
1:54:42
OK. Here are your bond conditions.
1:54:44
Sir, I'm I'm going to give you $135 cash bond.
1:54:48
We'll apply the money that you paid to this case.
1:54:52
You cannot leave the state without the consent of the
1:54:54
court. You cannot violate a law.
1:54:57
You must appear in court as directed.
1:54:59
No alcohol. You're not the purchase
1:55:01
possessor, consume alcohol. You're not the purchase
1:55:03
possessor, consume marijuana or illegal drugs.
1:55:07
You're not to have any contact or prosecution witnesses.
1:55:12
You cannot have any contact with prosecution witnesses.
1:55:16
You have to go to AANA at least one time per week.
1:55:19
My court officer is going to hand you a form.
1:55:22
Probation will tell you where a Spanish speaking a a group may
1:55:26
be. You also have to go over and get
1:55:28
fingerprinted and photographed at the Flat Rock Police
1:55:31
Department by today at 1:00 PM. I'm filling out an order and you
1:55:36
have to go over there today. We are going to give you a
1:55:39
sentencing date. The sentencing date in this case
1:55:42
will take place on. What is that that phone's going?
1:55:46
To be out of the building. You'll take it out of the
1:55:48
building, $5. Go ahead.
1:55:50
What do you have, Heather? May 7th at 8:30.
1:55:54
May 7th at 8:30. Beginning right here.
1:55:58
Correct. You're going to be screened and
1:56:00
assessed today, like I said. So you're going to go down the
1:56:04
hall, get your paper notice, then you're going back to
1:56:07
probation where you'll be interviewed, Miss Villarreal
1:56:10
will be with you, and then you'll come back on May 7th.
1:56:13
We're going to give you an, a, a verification form.
1:56:16
Every time you go to a A, you have to bring that form with you
1:56:20
and you have to have it signed. Every time you come to court,
1:56:23
you have to bring that form with you.
1:56:24
OK, Do you understand all of that?
1:56:28
Yes. All right, good enough.
1:56:32
You're all set. I wish you well.
1:56:34
Good luck. Any questions at all?
1:56:52
But he's going to have to go over and try.
1:56:53
I'm sure they can do it with the left hand.
1:56:55
I don't know. I don't know.
1:56:57
That's a good question. What's that?
1:56:59
He's completely separate his. Two fingers.
1:57:02
That's not good. All right, go over there.
1:57:04
And if you can't, I'm sure they're going to print him with
1:57:07
his left hand. All right.
1:57:09
Good luck, Sir. Thank you all.
1:57:11
Righty friends TCF live 20 or so minutes and hour 3 already.
1:57:16
Time flies. Let's go down to Texas, Judge
1:57:21
Boyd. On the schedule day, Judge, we
1:57:24
approach on that schedule for May 15th for the mental health
1:57:27
court. I think that this court date was
1:57:29
a status to see about his entrance into that program, OK.
1:57:32
I already reset. That till to May 7th.
1:57:35
Yeah. Do you want it on a different
1:57:37
day? Can you?
1:57:38
Would it be possible judge to for him to for you guys to reset
1:57:41
it to the May 15th the mental health court date?
1:57:43
What's the cause number? Do you know?
1:57:45
Well, you know what his name is? It's on the Oh, just one second.
1:57:49
OK, 2025 CR 006971. We were just looking to see
1:57:56
about on on the same dates 'cause he rides the bus, he's
1:57:59
currently at cross point. So for just to come 2/2 times in
1:58:03
two weeks, he might be a little bit difficult, but he he advised
1:58:05
me his meeting with Crystal and abiding by the terms of the
1:58:08
program and looking forward to be successful in the program.
1:58:11
Awesome. How are you doing?
1:58:12
I have a word to tell you. I.
1:58:14
Have you allow that? Yes, of course I know I have and
1:58:18
I know I look very bad, but I want to come back to I was 11, I
1:58:24
broke my and you just tell you maturing at old age.
1:58:27
Let. Me just tell you right now
1:58:30
number one you don't look bad you're looking great today OK so
1:58:34
I always tell people wherever you start in life that's your
1:58:37
starting point it's not supposed to be your ending stuff I
1:58:40
started learning I. Think you could?
1:58:42
Have learned that, you know, you're saying, yeah, so this is
1:58:47
the thing about the program you're going to enter into.
1:58:49
We're all going to want to help you.
1:58:51
That's how the treatment programs are supposed to be.
1:58:54
So The thing is, you got to reach out for the help.
1:58:56
If you see yourself struggling, don't think you have to struggle
1:59:00
alone because we're all there to help you and we want you to be
1:59:03
successful, OK? I would appreciate.
1:59:05
Any kind of good words towards the rehab so I can have a better
1:59:10
life because I got I got school. I need to set my life up and be
1:59:24
an adult now, make good to slice of God and I.
1:59:28
I want to go to school so I've been in school for a month.
1:59:31
And 1/2. Oh awesome, what are you taking
1:59:33
right now? Reading.
1:59:34
I'm about to my nose. Good.
1:59:35
And city too. OK.
1:59:38
So I I just. Got.
1:59:42
So here's the thing, sorry you're doing great.
1:59:45
I just would do later on. That's OK.
1:59:48
I heard that 12 month. It's a 12 month program at
1:59:51
minimum, then my only. Starting from when I like last
1:59:54
week, starting from when you you started.
1:59:57
Yeah, it was like, I think, oh wow, April 13th, it was about a
2:00:01
week gonna happen. Is that OK, Judge?
2:00:04
Sure. I mean, we're can you, can you
2:00:06
try to? I mean, I want to be in college
2:00:08
by the time I get out and I, I, I'm throwing up now.
2:00:11
I'm not going to be enough. Of it I promise.
2:00:13
Anymore. All right, so here's.
2:00:15
The let. Me just tell you the way things.
2:00:18
Let me just tell you the way things work, yeah, no problem.
2:00:21
Wrong people, wrong crowd outside, you know.
2:00:25
So let me tell you the way treatment programs work and
2:00:28
specifically this treatment program.
2:00:31
This treatment program is a pre trial diversion program.
2:00:33
So what that means is if you complete everything, it's not
2:00:36
going to be on your record. If you decide you know, this
2:00:40
program is too much for me, I think I can do it on my own.
2:00:44
Then what will end up happening is your case will go back to an
2:00:47
originating, originating court and they will proceed with those
2:00:51
charges, whatever those charges are.
2:00:54
That's what we don't want. Manly because.
2:01:01
The Europe lady is. Always.
2:01:02
And I'm old and I'm I was simply offended myself, but I was still
2:01:07
in the wrong for being. In that situation.
2:01:10
I shouldn't be. I shouldn't be outside, just
2:01:13
shouldn't have a secret reminder.
2:01:16
And now that I'm going to school, my mind is developing
2:01:19
like I'm in the 12th grade and my mind is is a lot younger.
2:01:24
Like like the things I should have done at 18.
2:01:26
I was hurt still because I go to 24 and I do I look back and I
2:01:31
say I can't really have delays. I don't want to delay.
2:01:35
I want to get my education. I want to go to college.
2:01:38
I want a degree to psychology, sociology, math, science,
2:01:43
business mysteries and dispatch me peer science off.
2:01:49
This is a program that this program will work with you on
2:01:54
that. That's the only way I learned
2:01:56
the hardest 10 years ago. Me out there, it was no good for
2:02:00
me. That's why anything you asked,
2:02:02
I'm willing to tell you a lot about it.
2:02:05
Thank you so much. Yeah.
2:02:06
I'm not hiding anything from you because my my family, they're
2:02:10
caught. They're in the harmony.
2:02:12
I made a. Terrible decision to go to the
2:02:14
streets. I didn't join the game.
2:02:17
I didn't do any of that. I never shot.
2:02:19
I never stabbed. Anybody.
2:02:21
I never robbed the body. I never did drugs.
2:02:25
I just, I'm like a kid that went out.
2:02:27
When the parents said my parents on church, they said don't go
2:02:30
out. I went out, they said don't go.
2:02:33
Over there and you get over there.
2:02:34
And I got in. Trouble a lot.
2:02:36
And I the. The first time I was supposed to
2:02:38
be injured and that had lots of medication, I was hurt.
2:02:42
I was. Well, what I can tell you is
2:02:44
this program. I was.
2:02:46
My mind I was always hers guys, but it's better than that Well,
2:02:49
I will tell you this program is to help you to get on track and
2:02:53
we want you to be on track OK So what I'm going to do is I'm
2:02:57
going to reset you and you wanted it when.
2:03:00
If we could respectfully judge May 15th, that's mental, his
2:03:03
mental health court setting on it.
2:03:04
All right, so we're going to reset you for May 15th, OK?
2:03:07
And when you come for that setting, I'll remember my mind's
2:03:11
a steel trap. I'll remember everything that
2:03:12
you told me. But this is what I want you to
2:03:15
do when you come on May 15th. Let us know what your schedule
2:03:18
is for school so we can see Monday to Thursday anywhere from
2:03:23
9:00 to 8:00 PM, OK? Usually works out so.
2:03:26
With meds, may I get a Zyprexa note in there?
2:03:28
Because the Zyprexa is the real light one.
2:03:31
Here's the thing. What you'll need to do is you
2:03:33
need to talk to your doctor because I'm not a medical
2:03:36
doctor. You'll need to talk to them.
2:03:39
I always tell people if there's any issue with medications, side
2:03:43
effects or something of that nature, talk to your doctor.
2:03:46
Because I'm not a medical doctor, OK?
2:03:51
I don't need medicine, but I'm spiritual.
2:03:55
I love God. I know that the right thing
2:03:58
would be a good way. That's all I ever.
2:04:00
Tried to do like. I can promise you that.
2:04:03
And I'm so sorry for coming before you in this position in
2:04:07
life. And and I know you're a great
2:04:09
woman. You have a good heart.
2:04:10
I appreciate everything you're doing for me.
2:04:13
No problem. And thank you so much.
2:04:14
And like I said, where we are in life, we're all all of us are
2:04:18
trying to improve. Like I'm on my path of
2:04:20
improvement. We just try to do make
2:04:23
improvements every single day and that's what you're doing.
2:04:25
So I appreciate it and I want you to let you know I see that
2:04:28
you're doing that. He gave me the light of the day
2:04:30
today for the rest of my life. Great opportunity for.
2:04:32
You thank you. Does he need a reset form or
2:04:35
would that help? Would you be helped by having a
2:04:38
reset form? Yes, it's a court, wouldn't mind
2:04:41
judge just so I guess he has the paper we.
2:04:42
Could just reset form for the 15th maybe?
2:04:46
Yes. Maybe you speak from him.
2:04:47
Yes, thank you. All right, who's ready?
2:04:54
Ready I have page. Two, do you have maybe another
2:05:00
copy of the document? Thank you.
2:05:03
All right, we may check back in with Judge Boyd later.
2:05:06
We'll see. But let's go back up to Judge
2:05:08
O'Donnell in Ohio. We're here in the matter of the
2:05:12
State of Ohio versus Melissa Jenkins.
2:05:14
This is Case 26 CR 113. Miss Jenkins is president Court.
2:05:19
She's accompanied by her attorney, Mr. James Matthews.
2:05:22
We are here today for a change of plea and the State has agreed
2:05:26
that we would move to amend Count 1 from a felony of the
2:05:30
third degree to a felony of the 4th degree, thereby making the
2:05:34
possession of heroin felony of the 4th degree.
2:05:38
And with that amendment, it's my understanding she will tender a
2:05:41
plea of guilty to that charge as well as count to operating a
2:05:44
vehicle under the influence of alcohol or a drug abuse or a
2:05:47
combination thereof, a misdemeanor of the first degree.
2:05:51
We would ask for a pre sentence investigation.
2:05:54
Mr. Matthews, that is all correct.
2:05:56
Your Honor. Miss Jenkins, how old are you?
2:06:02
51 years old. How far did you go through
2:06:05
school? I graduated.
2:06:06
I have my GED, Your Honor. Are you AUS citizen?
2:06:09
Yes, I am. Are you able to read, write,
2:06:11
understand the English language? Yes, I can, Your Honor.
2:06:15
Prior to coming to court to be taking any drugs or alcohol or
2:06:18
any prescription medication within the last 48 hours.
2:06:21
I am on 75 milligrams of Zoloft, Your Honor, that's all.
2:06:25
When's the last time you took? That this morning.
2:06:27
Does it affect your ability to understand what's going on here?
2:06:30
No, Sir. Did you get a copy of this
2:06:33
indictment? The understanding of pleading
2:06:36
guilty to the lesser included offensive count 1, possession of
2:06:39
heroin a felony 4, and also count 2O VIA misdemeanor 1.
2:06:43
Is that your understanding? Before I accept your guilty
2:06:48
plea, I need to determine that you know and understand the
2:06:50
constitutional rights you'll be waving, the consequences of your
2:06:53
guilty plea and the maximum penalty I could give you.
2:06:56
And I need to be satisfied that you're guilty plea is being made
2:06:59
freely, knowingly and voluntarily.
2:07:02
I'm going to ask you questions. If you don't understand a
2:07:04
question, stop me. If you want to talk some more to
2:07:07
Mr. Matthews, let me know and I'll give you more time.
2:07:09
Do you understand that? Yes, thank you.
2:07:11
You have a constitutional right to have a trial either to me or
2:07:14
to a jury of 12 Lake County citizens.
2:07:16
Do you understand that right? Are you waving that right?
2:07:20
If you go to a jury trial, all 12 members must agree to a
2:07:23
guilty verdict before you can be found guilty.
2:07:26
Do you understand that right? Are you waving that right?
2:07:29
If you go to trial, the prosecutor will call witnesses
2:07:32
to testify against you. Do you understand the prosecutor
2:07:34
must prove you guilty beyond a reasonable doubt at a trial?
2:07:39
Yes. After the witnesses are done
2:07:41
testifying for the prosecutor, you have the constitutional
2:07:44
right to have your lawyer cross examine the witnesses.
2:07:46
Do you understand that right? Are you waiving that right?
2:07:49
If you go to trial, you have the right to have witnesses come
2:07:52
here and testify for you. Do you understand that right?
2:07:54
Yes, Sir. Are you waiving that right?
2:07:56
If those witnesses refused to come to court, I'll issue an
2:07:59
order called a subpoena to make them testify.
2:08:01
Do you understand that right? Yes, I do.
2:08:03
Are you waiving that right? Yes, Sir.
2:08:06
Do you have the right to testify at trial if you want to?
2:08:08
Do you understand that right? Yeah.
2:08:09
I do, your honor. Are you waving that right?
2:08:11
Yes. You have the constitutional
2:08:14
right to not testify at trial if you do not want to.
2:08:16
Do you understand that, right? Yes.
2:08:18
Are you waving that right? Yes, sure.
2:08:20
If you decide not to testify at trial, nobody's permitted to
2:08:23
comment on that decision. Do you understand that?
2:08:26
Yes, you're honor. If you go to trial and you're
2:08:28
found guilty, you have the right to appeal the guilty finding.
2:08:31
Do you understand that right? Yes.
2:08:33
Are you waiving that right? Yes.
2:08:35
If you file an appeal, you have the constitution, right?
2:08:37
They have a lawyer representing in the appeal.
2:08:39
Do you understand that right? Yes, Sir.
2:08:41
Are you waiting that right? Yes.
2:08:43
If you could not afford to hire a lawyer, one will be provided
2:08:45
at no cost to you. Do you understand that?
2:08:47
Yes, Sir. If you file an appeal, you're
2:08:50
entitled to have a transcript of all the hearings in this case.
2:08:53
Do you understand that right? Are you waving that right?
2:08:56
If you could not afford a copy, those transcripts, they'd be
2:08:59
given to you at no cost. Do you understand that if you
2:09:02
plead guilty today, you will not have the right to appeal the
2:09:05
guilty finding? Do you understand that?
2:09:06
Do you have any questions about any of these rights?
2:09:10
No, Sir. Do you still want to plead
2:09:12
guilty to these charges? Yes, sure.
2:09:14
Do you understand by pleading guilty you're fully admitting
2:09:17
your guilt to the charges? You understand by pleading
2:09:20
guilty to the felony in count 1, you're voluntarily giving up
2:09:23
your freedom for whatever period of time I can sent you to
2:09:25
prison, to jail, or to community control.
2:09:29
Unless you're included offense in count 1, possession of heroin
2:09:32
is a felony of the 4th degree. It carries a an 18 month maximum
2:09:37
prison sentence and a $5000 maximum fine.
2:09:39
Do you understand that count 2 OVI is a misdemeanor one.
2:09:43
It carries a maximum 180 day jail sentence and a maximum fine
2:09:47
of $1075. Do you understand that the fine
2:09:52
range is mandatory? It's from 375 to 1075.
2:09:58
Do you understand that? Yeah, sure.
2:09:59
Do you understand that your plea on count one will result in a
2:10:04
driver's license suspension of at least one year up to three
2:10:07
years? Yes.
2:10:09
Do you understand your? Is that right?
2:10:10
Carolyn on. Count 2.
2:10:12
On count 2 what I say count. One, you said count.
2:10:15
OK, Count 2, the OVI, it's one to three years on count one on
2:10:19
the possession of heroin. It's a license suspension
2:10:22
potentially of between six months and five years.
2:10:24
Do you understand that there is a This is a first time OVI.
2:10:29
Apparently. There is a mandatory jail
2:10:31
sentence of at least three days. Do you understand that?
2:10:34
Any question about the penalty if I he gave you a consecutive
2:10:39
sentence, which will be one sentence after another, The
2:10:42
maximum prison sentence would be 18 months and the maximum fine
2:10:45
would be $6075. Do you understand that?
2:10:49
Do you understand that your felony conviction will prevent
2:10:52
you from owning or possessing A firearm?
2:10:55
Do you understand if a prison term is imposed in this case,
2:10:58
you might have to serve a period of post release control as part
2:11:01
of your sentence for up to two years under the parole
2:11:04
authority. If you are placed on post
2:11:06
release control and violate the conditions of parole authority
2:11:09
could send you back to prison for up to nine months for each
2:11:11
violation up to 1/2 of my sentence.
2:11:13
Do you understand that? If the violation is a new
2:11:16
felony, then you could get an additional consecutive prison
2:11:19
sentence for the violation. Do you understand that that
2:11:23
would have happened? The maximum prison sentence for
2:11:25
the violation would be the greater of 12 months or the time
2:11:28
left under post release control. Do you understand that?
2:11:32
Do you understand that if a prison term is imposed in this
2:11:34
case, you are eligible for judicial release?
2:11:38
I could place you on community control, on Count 1 for up to
2:11:41
five years, but if you violate any conditions, I could send you
2:11:44
to prison for 18 months. Do you understand that?
2:11:47
Has anybody promised you I would be lenient on you just because
2:11:50
you're pleading guilty today? Has anybody promised you what I
2:11:54
will sent you to in this case? Do you understand I do not have
2:11:57
to follow the sentencing recommendation of either the
2:12:00
prosecutor or your lawyer? Have you had enough time to talk
2:12:04
with Mr. Matthews before pleading guilty today?
2:12:08
Has he discussed everything about your case and answered all
2:12:10
of your questions? Are you satisfied with the
2:12:13
advice he has given you? Have you been threatened or
2:12:16
coerced in any way to plead guilty today?
2:12:18
No, Your Honor. Are you freely, knowingly and
2:12:20
voluntarily entering your guilty?
2:12:22
Plea. Yes, your Honor.
2:12:23
Do you have any questions? No, Sir.
2:12:25
I do not. All right, Miss Mulligan, if the
2:12:27
case with the trial, would the evidence show?
2:12:29
The state would be prepared to show that on January 17th of
2:12:32
this year, just after midnight, the defendant was driving on
2:12:35
I-90 in Concord Lake County, Ohio.
2:12:38
Highway Patrol officer observed her travelling at 30 mph for no
2:12:42
apparent reason and pulled her over.
2:12:45
Later observed some indicators of impairment.
2:12:48
She performed poorly on field sobriety tests, and she was
2:12:52
arrested for an OVI. Chemical tests later to turn
2:12:57
show that she was under the the influence of a heroin
2:12:59
metabolite. Upon her arrest, it was
2:13:02
discovered that she had concealed in a body cavity of
2:13:05
substance that was tested and confirmed to be 6.49 grams of
2:13:08
heroin. All right, Mr. Matthews, And
2:13:10
then in the head of those facts. No your.
2:13:14
Honor, Miss Jenkins, did you hear what Mr. Matthews said or
2:13:16
Miss Mulligan said the facts would show if the case went to
2:13:19
trial. Yes.
2:13:20
Sure. Are those facts true?
2:13:22
Yes, sure, Honor. What is your plea to the lesser
2:13:24
included offense of count 1, possession of heroin, a felony
2:13:27
for? Guilty, Your Honor.
2:13:29
What is your plea to count to OVI and misdemeanor 1?
2:13:33
Guilty your. Honor.
2:13:35
Thank you, Your Honor. Private.
2:13:36
Hearing I did review that she understood it and that she
2:13:40
intended to sign it, Your Honor. Miss Jenkins has signed the
2:13:55
written plea of guilt. First, Miss Jenkins, is this
2:13:58
your signature on the written plea of guilty?
2:14:01
Did you sign it voluntarily? Do you?
2:14:04
Want me to accept your written plea of guilty?
2:14:06
I'll. Accept the written plea of
2:14:08
guilty. Defendant was present with Mr.
2:14:11
Matthews advised of all of our rights been an only intelligent
2:14:13
voluntary waiver. She understands the nature of
2:14:15
the charge of consequence of the guilty plea in the Maxwell
2:14:18
penalty. Find it to be knowing,
2:14:19
intelligent, voluntary. I will accept her plea of guilty
2:14:22
and find her guilty of Count 1, the lesser included offensive,
2:14:25
Count 1, possession of heroin, a felony 4, and Count 2 OVI, A
2:14:29
misdemeanor one. I'll refer this for a presense
2:14:32
report and a drug and alcohol evaluation sentence.
2:14:34
It'll be June 10:10 AM and the bond is continued.
2:14:38
Anything else Miss Mulligan? No, you're.
2:14:40
Not Matthews. No, you're not.
2:14:41
Thank you all. Right, all righty, friends,
2:14:45
let's head up to Michigan. We'll check in with Judge De
2:14:49
Santo this time. State your name you.
2:14:51
Mean Miss Tucker Brardi. All right, good morning and
2:14:54
thank you for addressing. Appropriately for Court and
2:14:58
Council, today is a date scheduled in this matter for the
2:15:04
arraignment. Yeah, many PCC also, Judge.
2:15:07
Today, OK, that's fine. OK, we can address that also.
2:15:10
But as to the arraignment? Waive the reading S according to
2:15:13
standard view. Can you repeat?
2:15:15
OK, well. Laid the formal reading, ma'am.
2:15:19
You do have the right to have an attorney.
2:15:21
You're unable to afford an attorney.
2:15:22
You may ask for one to be appointed to represent you.
2:15:24
And you have exercised your right to retain your own
2:15:26
counsel, Correct. All right.
2:15:28
You also, ma'am, have the right to be present innocent, to
2:15:31
approve the guilt, to be on a reasonable doubt.
2:15:33
You have the right to have a trial by a judge or by a jury.
2:15:36
You also have the right to remain silent.
2:15:38
Anything you say or in writing may be used against you in
2:15:41
court. Do you understand those rights,
2:15:42
Sir? Yes.
2:15:43
I'm sorry, ma'am. Also going to Mr. O'Brien.
2:15:46
OK and the court will enter a plea of not guilty on your
2:15:51
behalf. Schedule this manner for
2:15:53
probable cause conference. Well, first, counsel, are you
2:15:55
waving time? We'll waive all the time
2:15:57
requirements and Judge, I will be back here in two weeks with a
2:16:01
request for an exception on a previous case and Mr. Rodney
2:16:05
thinks two weeks would work. We're going to make application
2:16:07
here to the mental health court. Doc, may I have a pre screen
2:16:10
today to meet individuals? I don't know that we have the
2:16:14
ability to do the pre screening today, but we can you can you
2:16:21
can contact Courtney to see what those what that deal would look
2:16:25
like. All right.
2:16:26
And so then Ally. There should be no unnecessary
2:16:29
delay if we're here in two weeks.
2:16:31
This is a true third the low breathalyzer score and could be
2:16:35
any other issues that need to be addressed by the board.
2:16:38
And you agree, right, Then you're going to get that 20 good
2:16:40
day when you like to apply for the very well done.
2:16:44
By the way, apologize for her Sherpa speaking in court.
2:16:48
I apologize about my friend talking.
2:16:51
I apologize about that. They were actually signing the
2:16:53
form where they're paying for the form which run the car, and
2:16:56
he was explaining it to me. He shouldn't have done it.
2:16:57
The court judge, I apologize. I appreciate that.
2:17:00
OK, Allie, what's her name? May 14th at 8th.
2:17:04
Perfect. May 14th at 8:30 AM.
2:17:07
All right. As two bonds.
2:17:09
Judge, she's voluntarily turned herself in this arrested a place
2:17:12
some time ago. When the warrant came, she
2:17:14
presented herself to the court. Yeah, they gave.
2:17:16
Me a we we only attorney speaking right now, ma'am.
2:17:20
And that's because he had blood drawn.
2:17:21
He didn't have any evidence at that time.
2:17:23
And at this point, Ron Reed asked for the usual terms.
2:17:25
Do you think testing is necessary?
2:17:27
You should know that she's basically indigent.
2:17:30
So whatever you do or subject her to, I would think if it's
2:17:34
testing, I don't think she can afford each other.
2:17:36
I think she should be tested and the usual terms for the bond.
2:17:41
I'd ask for a substantial personal bond.
2:17:43
I know you resources. OK.
2:17:45
And so, ma'am, if you test right now, what's in your system, do
2:17:48
you? Have prescription drugs and.
2:17:50
Take prescription medications. OK.
2:17:53
And so when's the last time you consumed any alcohol?
2:17:56
February 4th. My arrest.
2:17:58
Have you ever failed to appear in court for any reason?
2:18:01
All right, given the nature of the charges being a third
2:18:03
offense, the court to ensure the protection of the community.
2:18:07
So what the court's going to do is the court's going to order a
2:18:11
$25,000 personal bond with the following bond conditions.
2:18:15
You're not to possess or consume the alcohol and drugs unless
2:18:17
prescribed. And then you, the court is going
2:18:20
to have your client participate in random testing.
2:18:24
So, man, you're going to go over to probation where you'll get a
2:18:26
copy of your bond conditions as well as information regarding
2:18:30
your testing, OK? No drugs, no alcohol.
2:18:33
You don't have a marijuana card, right?
2:18:35
You don't. Still marijuana.
2:18:36
Just my prescribed medication, all right.
2:18:37
We'll have her give a list of probation what she's taking.
2:18:40
Just thank. You.
2:18:41
Thank you. Have a great day.
2:18:43
All right. Thank you.
2:18:44
You as well. All right, let's go off the
2:18:46
record for a moment. Council, what matter are you
2:18:48
here on? I'm here.
2:18:49
In violation of probation advocate.
2:18:53
OK, yeah, I have that right here.
2:18:54
OK. And then Mr. O'Brien, then we
2:18:58
have you. Yes.
2:18:59
OK, let's go on the record in the matter of the state of
2:19:03
Michigan. Where's Gary Williams 25839?
2:19:06
Hey, Carter, Craig Padlock hearing on behalf of Mr.
2:19:08
Williams. He's coaching the podium in lieu
2:19:11
of his attorney of record, Julian Buda.
2:19:14
Sir, do you have the injections need standing in for Mr. Buda?
2:19:17
No. All right now.
2:19:18
So I need you. Well, hold on, hold on council.
2:19:20
I need you to place your your P number on the record.
2:19:23
P56669. OK.
2:19:26
Catalog P. As in Peter AV.
2:19:27
As in Victor LFCK, Oh. Pavlock, As I said, Pavlock.
2:19:31
OK, All right then. So, Sir, your name for the
2:19:35
record please. Gary Williams.
2:19:37
OK, so today is the date scheduled for a jail review as
2:19:40
well as a probation violation. This court had sentenced your
2:19:45
client to 10 days jail certified suspend 5 and those probation at
2:19:54
sentencing and so it appears as though your client.
2:20:00
A charge of driving a license suspended as well as testing
2:20:03
positive for alcohol on April 13th for the positive test and
2:20:07
so Council as to that allegation.
2:20:11
Thank you. I've got the opportunity to go
2:20:13
through the allegations with my client, obviously testing drugs
2:20:17
for drugs, positive for drugs, I'm sorry alcohol, that drugs
2:20:22
back on April the 13th of this year.
2:20:25
He's intending to enter a plea of guilty with regard to that.
2:20:29
He also has driver license suspended.
2:20:31
That's pending. That is set for at this point in
2:20:35
time, June the 16th in the city of Troy.
2:20:41
Judge, I've had an opportunity to speak to him about this.
2:20:43
He's not denying the fact that he had tested positive for an
2:20:46
alcohol. He wishes that a pleaded guilty
2:20:49
at this time, obviously, because the pending criminal offense is
2:20:53
still to be determined. He does admit that he was
2:20:57
charged. You'll pass some driving
2:20:59
licenses, but. OK.
2:21:00
Judge and I'll. Address that saying at the
2:21:03
appropriate time. OK, Sir, please raise your right
2:21:06
hand. You soundly square or from the
2:21:08
testimony you're not to give in this matter be the truth, the
2:21:10
whole truth and nothing but the truth.
2:21:11
Yes. OK, much louder please.
2:21:16
Yes. OK.
2:21:17
All right. And sorry, you heard those
2:21:18
allegations that were placed on the record, correct?
2:21:22
Yes. As to those allegations, Sir,
2:21:25
how do you plead? No contest to the gun that was
2:21:28
suspended and guilty to the alcohol charge.
2:21:32
OK. And and you have gone over your
2:21:35
advice of rights with your attorney correct?
2:21:37
Yes. As to probation violation, for
2:21:40
your rights for probation violation hearing and you to
2:21:44
understand all of those rights. You also understand Sir the
2:21:48
possible penalty as a result of your plea, whether in this
2:21:51
court, any other court or administrative agency.
2:21:55
You understand as well Sir that there would be 1 technical
2:21:59
violation being entered and one non-technical violation being
2:22:02
entered. Do you understand that?
2:22:04
Knowing all of that, do you want to continue with your plea?
2:22:07
Has anybody promised you anything, threatened you or
2:22:09
coalesced you have any way for you to enter into a plea?
2:22:11
No. Any immigration issues?
2:22:14
No. And Council, if you can, please
2:22:17
varde your client. Sir, back on April the 13th,
2:22:20
2026 is the truth you had consumed alcohol and tested
2:22:23
positive when you had gone for a test for the ETG, Yes and
2:22:29
obviously you're pleading no contest for driving is suspended
2:22:31
at this time. You're not disputing the fact
2:22:35
you're perhaps. Involved in a.
2:22:37
Operational Motor vehicle at this time and it is pending the
2:22:41
Troy District Court, correct? OK.
2:22:47
The court is also satisfied the plea is known, voluntary and
2:22:51
factually accurate. The court will accept your plea
2:22:53
to the violations indicate technical violation #1 for the
2:22:57
positive alcohol test and technical violation #2 on the
2:23:01
driving. While I suspended no contest
2:23:03
plea and counsel as to sentencing.
2:23:06
As the sentencing judge, I've had an opportunity to speak with
2:23:09
Miss Shaw with regard to the sentencing recommendation.
2:23:12
I would just ask the court. Obviously, you suspended 10
2:23:15
days. You suspended 5 of 10 days when
2:23:18
you sentenced them six months ago.
2:23:20
He's been on probation for six months.
2:23:22
He's completed almost everything.
2:23:24
He's still in counseling right now for alcohol, substance
2:23:27
abuse. He has approximately $1000 to
2:23:30
finance cost left to pay for this court.
2:23:34
These are serious violations and he will address those with the
2:23:37
court. He's very remulsible at this
2:23:39
time, Judge. He's also a master plumber.
2:23:42
His job right now has a great contract with Utica Schools.
2:23:49
They're going to be there at Utica, Utica schools.
2:23:52
Doing plumbing work. Through the end of May,
2:23:55
obviously he's a single dad with two kids, 1A minor.
2:24:01
I would just ask you consider since 1 is a technical
2:24:05
violation, consider perhaps five days instead of 10 days.
2:24:09
I know it's a lot to ask for an individual.
2:24:12
Yeah, in front of you. He's he's facing this is his
2:24:15
third drive driving. Being quite frank and honest
2:24:18
with you judge he will address why it is or what the
2:24:22
circumstances were with regardless violations.
2:24:25
Obviously it's the impact that could possibly happen with
2:24:29
regard to if he served the full 10 days and how it may impact
2:24:32
his job that he can explain the other recommendation from from
2:24:37
probation 60 days alcohol tether and if you know there's an
2:24:40
expense associated with that. But primarily what we're looking
2:24:43
at is an individual that has a self abuse issue.
2:24:47
He clearly unfortunately violated your terms of probation
2:24:51
by consuming alcohol. Once again, the alcohol tether
2:24:55
can prevent that. I would ask you to consider
2:24:58
instead of 60 days, perhaps doing 90 days.
2:25:01
It is an expensive thing. He's got a really good job.
2:25:04
And the goal here for for obviously for him is not to lose
2:25:09
his job. And he is throwing himself on
2:25:11
the mercy of this court. You know, he doesn't have a lot
2:25:15
of a lot of things to offer because of the violations that
2:25:19
he's facing at this point in time.
2:25:21
We will be representing him on the matter that's in Troy.
2:25:26
I would leave to my client to address the point of small OK
2:25:30
Judge, with regard to jail too. If you do impose jail time on
2:25:33
this, I'm just asking you allowing the opportunity to turn
2:25:37
self in as well on a date other than today just because he
2:25:42
doesn't need to make arrangements for his minor child
2:25:44
and also the possibility of maybe moving things around with
2:25:49
his lawyer to see if he can continue from there.
2:25:54
OK, so we're going to make a few comments and then I'll allow you
2:25:58
an opportunity, Sir, if you so choose.
2:26:01
Your original charge in this court was a high BAC, your .323
2:26:06
OWI and driving what license is spending the high BAC.
2:26:10
The high BAC was dismissed. The driving what license spend,
2:26:13
it was amended to a no OPS. This court ordered 10 days jail
2:26:18
served 5 suspend 5 gave you a report date.
2:26:20
The court also ordered, in addition to the conditions that
2:26:23
this court put forth mandatory and additional mandatory
2:26:26
incarceration for any probation violation.
2:26:29
And you're here with a positive alcohol test and another driving
2:26:33
while license suspended charge. OK, which that's significant as
2:26:37
well. But what this Court's most
2:26:38
focused on today is the positive alcohol test, because Sir, you,
2:26:44
if I recall correctly, are the sole provider for your children
2:26:47
and the sole caretaker for your children, correct?
2:26:50
Because their mother passed away, correct?
2:26:53
My daughter's father. Your daughter's mother passed
2:26:56
away. OK, so do you think your
2:26:58
daughter wants to watch another one of her parents pass away?
2:27:01
Then why aren't you getting it together?
2:27:04
One thing I would like to say, your Honor, is when I started on
2:27:08
probation, I was very optimistic about my sobriety and something
2:27:13
that I wanted for at least two years that I seriously wanted
2:27:19
and something that I put off, I shouldn't have.
2:27:23
So that it was an opportunity that I was going to have to, I
2:27:26
was going to have to face that. And I took it very serious.
2:27:30
And I can say that I was just shy of nine months sober.
2:27:35
And before this I probably couldn't tell you that I was
2:27:40
over 90 sober. So I am proud of that and I am
2:27:44
disappointed you. Should be.
2:27:45
You should be proud of that, Sir.
2:27:47
Thank you and but I am disappointed.
2:27:49
I I did have a weak moment. I will tell you I did not drink
2:27:54
in excess. That's still no excuse for it.
2:27:57
I know I wasn't supposed to. I'm not going to make excuses
2:28:01
for that. I know what the what was against
2:28:04
me. My daughter is graduating from
2:28:07
high school right now. I really screwed up.
2:28:11
I understand that I'm back sober, then sober.
2:28:16
I plan to stay that way. I feel that I should be held
2:28:19
accountable. I want to be held accountable.
2:28:22
I want sobriety. So all I can ask you is to give
2:28:27
me that opportunity to prove that and to take care of my
2:28:30
kids. So what did your daughter say?
2:28:32
Does your daughter know that you violated probation?
2:28:35
Yeah, she knows I'm here. I didn't go into too much with
2:28:39
her about it, but trust me, she wants it as well.
2:28:43
What did she say to you about? Violating.
2:28:46
Or about drinking. She doesn't like it, Your Honor.
2:28:49
I for sure that's something that has come up in the past as well
2:28:53
before any of this has taken place, you know, and that's a
2:28:57
change that I want to make. I want to make it for my kids.
2:29:01
I have done my kids very well. Over the years.
2:29:04
And it really takes me back that I could have even done better.
2:29:09
So I can't change the past, but I can change the future.
2:29:14
And that's what I'm. That's what I want.
2:29:16
And So what happens Sir, you said you started off probation,
2:29:20
wedding, sobriety and what not. What happened that you tested
2:29:25
positive for alcohol on April 13th?
2:29:27
That's it's I've been working on in counseling, finding what
2:29:32
triggers, you know, I've had depression over the years, you
2:29:36
know, so I've been working on that.
2:29:38
I guess I didn't really think about it until after is that I
2:29:45
believe my work schedule right now.
2:29:48
I've been working evenings so I haven't been home.
2:29:51
As much as I want. I think I kind of went into a
2:29:55
depression and that's something I have to work on.
2:29:59
OK. And So what are your work hours,
2:30:01
Sir? Right now I'm doing, we're
2:30:04
working four 10s. We're generally starting.
2:30:07
Sometimes we start at 2, sometimes we start at 4:00.
2:30:10
We're working in schools right now.
2:30:11
So it depends on how the school gets out.
2:30:13
And so it could be from anywhere from 2 or I'm sorry.
2:30:18
Yeah, two in the in the evening till about midnight.
2:30:22
OK. And so are you sad that you're
2:30:25
not at home with your daughter or is that you're not having as
2:30:28
much time with your daughter? Why does that make you sad that
2:30:32
you're not at home in the evening?
2:30:34
That's basically it. When I took this project, I
2:30:37
didn't realize what it was going to.
2:30:39
Do to me. Mentally, honestly, what I I
2:30:42
seen my son a few weeks ago and I look like he's drone and I
2:30:45
felt like I I missed missed that.
2:30:48
So I didn't realize what it was going to, the effect it was
2:30:51
going to have. And so how long is this project?
2:30:55
It's going to May 29th is the end of this project.
2:30:58
OK. And when did it start?
2:31:00
I believe February. OK, so it's a, it's a, it's a
2:31:05
short temporary time, right? So you work 4 times, that means
2:31:09
you're off 3 days, yes. OK, so on those three days, do
2:31:14
you see your children? Do you?
2:31:15
What is it you do on those three days?
2:31:16
Yes, I do. Yes.
2:31:18
OK. Now my son is with his mother on
2:31:21
the weekends. I take care of him through the
2:31:23
week. So I have not had the
2:31:25
opportunity to spend a lot of time with him and I think that.
2:31:30
Did you have a conversation with his mom about maybe doing a
2:31:32
temporary swap? We do that in the summertime.
2:31:36
Right during your project time. No, I do not.
2:31:39
That may that may have helped you, I don't know.
2:31:42
And. And very well could have.
2:31:44
Right. OK.
2:31:45
So what I'm going to do is I'm going to follow my order that
2:31:51
I've indicated during sentencing.
2:31:55
And Sir, let me just say this, that it is an accomplishment for
2:32:00
you to have been sober for nine months, right?
2:32:03
And I understand that it is a difficult challenge that you
2:32:06
accepted and that you did very well on.
2:32:10
So now the next challenge is to remain sober and acknowledge
2:32:13
that you really can't drink any alcohol.
2:32:15
So I mean, even for the sake of a relationship with your
2:32:19
children. And it's also notable, Sir, that
2:32:24
you are wanting to help accountable.
2:32:26
I'm not offering excuses and you're owning up and
2:32:30
acknowledging your mistake. So what the court's going to do
2:32:34
is the court's going to order on the jail review.
2:32:39
The court's going to order the five days jail.
2:32:42
What I'm going to do Sir, is I will allow you to report
2:32:46
tomorrow. Oh wait, when?
2:32:48
When do you work? Monday?
2:32:49
Is it Monday through Thursday? Yes.
2:32:51
OK, so I will allow you to report tomorrow.
2:32:54
You can serve 3 days and I will allow you to report the
2:32:57
following weekend to do your two days following Friday.
2:32:59
Then what did I say the following?
2:33:01
Well. You said the following weekend.
2:33:03
Oh yes, Friday, yes. And the probation violation, the
2:33:06
court's going to order you to continue and complete all terms
2:33:10
of probation. The court's going to order an
2:33:14
alcohol tether through the Wayne County Jail.
2:33:17
Report for the tether on May 15th.
2:33:20
Going to order five days jail suspended.
2:33:23
Any questions? No.
2:33:25
All right, so you're going to go over to probation and you're
2:33:28
going to receive your next steps.
2:33:29
OK, Sir. Right.
2:33:31
Good luck to you. Thank you.
2:33:33
Thank you. Already friends that will do it
2:33:35
for this morning. We'll be back tonight on this
2:33:38
channel for sidebar. 8:00 PM Eastern, 5:00 PM Pacific.
2:33:41
Do join us for that. It is the last Thursday of the
2:33:43
Monday, which means the chat controls the topics.
2:33:47
So y'all need to show up. So we got something to talk
2:33:49
about. We can answer your questions, we
2:33:51
can discuss any cases that interest you, whatever it may
2:33:54
be. So arm yourselves with ideas and
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join us again right here on this channel and I'll be back
2:34:01
tomorrow morning, 9:00 AM Eastern, 6:00 AM Pacific.
2:34:04
Hope you all have a good day. We'll see you soon.
2:34:05
Take care, God bless.