Latest / The Courtroom Files / May 05, 2026 Court Hearings: Judge Boyd Revokes Probation, Judge West Hears Robbery Pleas, & Judge Mercer Sets Bonds + More | TCF Podcast #284
Transcript
- 0:00Good morning everybody. Happy Tuesday.
- 0:01Welcome to TCF Live. My name is Dan Soul.
- 0:03I will be your guide through the next three hour journey through
- 0:06Courtlandia. Today we'll start with Judge
- 0:08McNally up in Michigan. Right.
- 0:10It's a civil infraction and then they're going to dismiss the
- 0:13misdemeanor. Then that's thrown out for you.
- 0:15OK, fair enough. Is that what you want to do to
- 0:19that Chuck under section 32448738?
- 0:23How do you plead to that charge? Fishing with more.
- 0:26Two more. More than two lines in the
- 0:27water. Responsible.
- 0:29It's a responsible plea. OK.
- 0:32I'll accept your plea. You have a license down.
- 0:35Yeah. Can I see it?
- 0:36Yep. I'll believe.
- 0:38I'll believe you. That's all right.
- 0:42I'll believe you, $140. OK.
- 0:45Go right down the hall. Just make sure you have a
- 0:47license from now on. Lee, please have a good day. 140
- 0:50is your total. Thank you.
- 0:52I hope they're reminding them down there to fill out the
- 0:54surveys. Lisa, would you call down to the
- 0:59desk and make sure they're inviting people to do that?
- 1:02So we have some sample sizes. How you doing this?
- 1:06Good. We'll have to talk in a second.
- 1:09Do you have a file ready for me? Is that the sentencing?
- 1:12Madrigal. OK, give me one second here,
- 1:15please. Alexander Madrigal file
- 1:19#26G3O674 OB that's the impaired charge.
- 1:25And I'm also calling the A file which was a plea to impeding
- 1:29your, your appearance, Sir, your name.
- 1:35All right. Your client plugged the impeding
- 1:37traffic on the civil infraction. The speeding was dismissed.
- 1:40He also pled to operating well impaired with the OWI to be
- 1:44dismissed. He was referred for a screening
- 1:47and assessment. Have you had a chance to review
- 1:48the report with him and are there any material additions,
- 1:51corrections or deletions, anything that you would like to
- 1:56say? That's the matter for this type
- 1:58of matters. Unremarkable.
- 2:00Mr. Raja has the. Prior criminal records, 34 years
- 2:03old, he's deployed the test results were .11 from people and
- 2:09from this type of we would have support considered response and
- 2:13cost. No probation.
- 2:15That's that's worth it. I'm Slater is out on this right
- 2:18now. They're awful nice.
- 2:20I knew you were going to ask that on this one and I, I can't
- 2:23let my fundamental differences get in the way.
- 2:26So I don't disagree with you. Anything you'd like to say Sir?
- 2:30I mean, he's going to do some community service and that type
- 2:33of thing, but I'm not going to place you on probation.
- 2:35Anything you'd like to say, Sir? No, thank you.
- 2:39It's here. I don't agree with it, but you
- 2:42know what? It doesn't matter what I think.
- 2:46All right, Why don't you attend the Victims Impact Panel?
- 2:49That is one night put on by Mothers Against Drunk Drivers.
- 2:51OK, I'm going to order three days jail.
- 2:54Credit one, serve two. I'll let you serve those by way
- 2:56of community service. 16 hours community service.
- 2:59He's right. I can't, I cannot find a
- 3:03substantial reason, any reason really to place you on probation
- 3:07in light of that legislation. So I'm going to go 300 fines for
- 3:1050 costs, 75 victims rights fee, $50 justice assessment.
- 3:15So fines and costs are 875, screen fee is 64935.
- 3:21You have attorney fees of 40 and go right on the 975 and then
- 3:26$166.57 on the cost of the cover.
- 3:32So that should be 1075 eleven 35114157 on that.
- 3:39Lisa, will you double check that?
- 3:40So you're going to pay 114157, you're going to do 2 days of
- 3:44community service, which I'm going to give you until June
- 3:4620th to pay. And one day on the victim's,
- 3:50you're going to go to one night victim's impact panel and I'm
- 3:53going to order $150 on the MPD. So you have a total here of 150
- 4:02of 129157. Can you pay that today or do you
- 4:06need time? How much do you?
- 4:07Have today, I mean. Mother's house being.
- 4:09Paid, but I'm not sure. Well, can you pay the impeding
- 4:12today? That's 150.
- 4:14Yes, Sir. Can you pay anything more than
- 4:16that today? Yes, Sir.
- 4:17How much more? Exactly all of it.
- 4:20You sure? Yes.
- 4:21OK, your mom's going to help you out.
- 4:23All right? You have 21 days to appeal, 14
- 4:26days to apply for a court appointed lawyer.
- 4:28I wish you well. You're still going to meet with
- 4:29probation. They're going to set you up,
- 4:30help you set up the victims back then OK, and tell you where you
- 4:34can do your community service. I wish you well.
- 4:36Good luck. No more, though.
- 4:38Don't. They're never going to be this
- 4:40easy again. You understand what I'm saying?
- 4:42You got to write a letter to the legislature and thank them.
- 4:46Have a good day. Thank you, Mr. Hayes.
- 4:48Good luck, Sir. Thank you, ma'am.
- 4:50Thank. You, Sir.
- 4:52All right. Do I have Holland's logistics
- 4:55president here yet or not? Yes, he will.
- 4:59I have a Motorola that I can't identify.
- 5:02No, it's just that what is? What is your name on there?
- 5:05He's got to put a. Put I'm gonna just.
- 5:07He used to say all of this. Michael Kate's personal Need
- 5:12Room host has John will let him know is that the motorology.
- 5:17No. No, this is a a iPhone.
- 5:21OK, Hang on, hang on, hang on, hang.
- 5:23On is. Is your name Cedric?
- 5:26Yes. OK, I got it.
- 5:28All right, people against Holland Logistics 26S11841-O.
- 5:36Mr. Cedric starts your. I start your.
- 5:41There you are. State your name to me.
- 5:43Will you please? Yes, Cedric.
- 5:45Holland, OK. So you're the you're the
- 5:47president of Holland Logistics, correct?
- 5:50Correct. And as I understand it, this has
- 5:53been negotiated where you're going to the the company's
- 5:56agreed to, to plead responsible to overweight with agreed upon
- 5:59fines and costs of $1900. Is that right?
- 6:03Yes, Sir. And then you're going to have 30
- 6:05days to pay. Do you agree to that?
- 6:07Yes, on behalf of the company to the charge of overweight,
- 6:11responsible or not responsible. Responsible.
- 6:15OK, I'm going to accept the plea.
- 6:16I'll give you until June the I'll just make it June the 8th
- 6:20for you 1900 dollars, OK? OK if.
- 6:23If you don't have the money, Sir, call the court and we'll
- 6:26give you an extension. I'll talk to you online.
- 6:28All right. OK.
- 6:29Can I ask a question? Sure.
- 6:31Can we start making payments as of today towards the 1900 we
- 6:35have to be paid and one lump sum.
- 6:37Yeah, you can start paying it all now.
- 6:40Is that what you mean? Yes.
- 6:42You, you still going to be able to have it paid in 30 days?
- 6:45I'm going to that's that's why I want to start paying today.
- 6:47If I can start paying today, in 30 days, I'll tell you what I'll
- 6:50do. Listen to me.
- 6:52I don't, you know they they don't.
- 6:54I can give you more time. Here's what I'm going to say to
- 6:57you. OK, You pay.
- 6:59You pay $300 due each week. OK, OK.
- 7:04And I and I'll have you make your fit first payment beginning
- 7:07on Monday, which is May the 11th.
- 7:09All right. OK.
- 7:11So you're going to get about 7 weeks roughly to pay that.
- 7:17Not a problem. I appreciate that.
- 7:19And and then if you need more time or you don't have the 300
- 7:22on any Monday thereafter, you call the port will go on Zoom.
- 7:25OK, appreciate it. All right.
- 7:29And appreciate if you'd fill out that survey they want us to
- 7:32have. The Supreme Court wants us to
- 7:34have the surveys completed. There's a public satisfaction
- 7:37survey. If you have time.
- 7:38I'd appreciate it if you don't. Yes, no worries.
- 7:41Listen, that's the least we can do.
- 7:43No worries. Good luck.
- 7:44Thank you, Austin James. Well, real quick, that explains
- 7:48that because we've seen like QR codes and stuff with other
- 7:52courts where they've got the survey up and now we know what
- 7:55that's all about. It's ordered by the Michigan
- 7:56Supreme Court. Good morning once again,
- 7:58everybody, it's TCF live. My name is Dan.
- 8:01I got Ellie beside me. Happy to have you along for our
- 8:04journey. We'll be doing 3 hours today.
- 8:08Courts are just starting to to kick off, so we're going to
- 8:11continue with Judge McNally. Oh, OK, The officer's not here,
- 8:16right? All.
- 8:19Right. Where's Austin Messick?
- 8:21Right here. OK, you have to start your
- 8:23video, Sir. I apologize.
- 8:26Sorry. OK, Mr. Messick, tell me your
- 8:28name. Austin Messick.
- 8:31All right, you got an, You got a valid plate now.
- 8:35Yeah, it just got sent to me two days ago.
- 8:37He's dismissed. The officer failed to appear.
- 8:39I gave him 15 minutes. It's now 21 or two minutes into
- 8:45it. You're all set.
- 8:47I appreciate it, Roger. Thank you.
- 8:48Have a great day. Good luck.
- 8:50Thank you very much. You're welcome.
- 8:52The Motorola. Do we know who that is, Lisa?
- 8:56No, she won't answer my messages.
- 8:58I tried to put her in a breakout room and they won't move.
- 9:00Motorola Moto G5G. We need you to tell us who you
- 9:05are or we don't know who we're dealing with here.
- 9:08You got to tell us your name. You got to put it on there and
- 9:11if you can pop in right now and start it, start your video, then
- 9:16we'll at least know you're here and be able to direct you to the
- 9:19right place. You have to unmute too.
- 9:23Unmute and tell me your name. You have to unmute in the bottom
- 9:27left hand corner of the screen. What are they?
- 9:30I'm going to remove them. Yeah, yeah.
- 9:34Hopefully when they log back in, they'll see that they have to
- 9:36put their name in. OK, Corporal Jakota and the
- 9:41Lieutenant Rembez, do we know what they're here on?
- 9:45Felonies, I assume? All Flat Rock felonies today.
- 9:48Yeah. Hi guys.
- 9:49How you doing? The attorneys are talking to the
- 9:51prosecutor. OK.
- 9:53Are they here on felonies, both of you?
- 9:54Yes. Sir.
- 9:56OK, good enough. How you doing with Corporal?
- 10:00You're smiling. It's a good day, Sir, it's a
- 10:03good day. It's a good day.
- 10:04Well, we're getting early spring any day.
- 10:07What's that? I said it's still early, but
- 10:09it's a good day. Well, that's good and and let's
- 10:14see Corporal Shepanic. We have him on the phone with
- 10:16Julie. So John, do me a favor, go get
- 10:20the pre formal on this John Williams from from his and smart
- 10:25just talk to. Her, yeah.
- 10:26Yes, Sir. And we'll get you out of here.
- 10:29OK? Nicholas Powers Nicholas Lynn
- 10:33Powers, come on up to the podium, 26238-O36A and B Good
- 10:39morning, Good morning, Your name.
- 10:41Nicholas Powers. Did they offer you anything
- 10:44because after we dropped. The the.
- 10:46Fishing. You got license even though it's
- 10:49only three days expired. Now what?
- 10:50They're fishing. They're trying to get me on the
- 10:51knock. Telling me off that at this
- 10:53point. Which is over a week.
- 10:55'S basically $100 charge. And I I did tell them.
- 11:01Pull that up on the screen for me, will you?
- 11:03Which? One do you want?
- 11:05Mr. I want the one that's with his name, that's going to tell
- 11:09me the fine. It's a $600.00 charge, 610.
- 11:16OK. So you want a formal hearing,
- 11:18please? OK.
- 11:19When are we going to do the formal lease?
- 11:2119th at 10:30. May 19th at 10:30 will be your
- 11:25date. OK, Sir.
- 11:26So you're going to go down the hall and they're going to give
- 11:29you a paper notice and then you come back on that date.
- 11:32You do have the right to hire a lawyer if you want.
- 11:37No, it's just a civil infraction.
- 11:39I can't appoint on civil infraction.
- 11:43Will you come on back on May the 19th at 10:30 and we'll have the
- 11:51hearing, but still go down and get your paper notice.
- 11:53Any questions? All right, best of luck.
- 11:56Thanks. You have a good day.
- 11:57You too sure. Can you come up here and check
- 11:59in with him? We got to get to.
- 12:03Oakland County Jail that I just tried to follow so hopefully.
- 12:05They could have gone in. OK.
- 12:07Can I bring in a Samsung phone? Sure, I noticed.
- 12:11It's telling them they have to identify themselves, right?
- 12:14Yes. Samsung, we need to know who you
- 12:17are. Please.
- 12:18You got to tell us your name and unmute and tell us your name.
- 12:22You. Got to unmute.
- 12:23Bottom left hand corner of your screen.
- 12:25Albert Washington Woods. OK, wait one second.
- 12:29Next time you check in, you have to have your name on there, OK,
- 12:31We can't read minds. We don't know who's who.
- 12:34Everybody shows up just on with their phones and.
- 12:38Yes Sir, I'm trying to figure out how to do that right now.
- 12:40Well, we got, we changed it now, so just in the future you have
- 12:44to do that. OK, what does he have?
- 12:46He has APCC, we're just waiting on the attorney to log in.
- 12:49OK, who's his lawyer? Mr. Docs it's up for 9/15.
- 12:54OK, I'm. Going to put you back in the
- 12:55waiting room, Sir. OK, just wait there.
- 12:57And he has. Two search ones you want them to
- 12:59come in, you can. Say you can do it today every.
- 13:01Month. He'll be in your month.
- 13:03Yeah, ask them to come in. Charles Ellis Bonds the 3rd
- 13:0826M658175 Your name? Charles Bonds.
- 13:14What's the second charge here, Lisa?
- 13:16They got? I've never seen this, I don't
- 13:19think no proof of registration. Civil infraction, obviously I've
- 13:23seen that, but they got the fug checked.
- 13:27I've never seen the fug checked. I don't even know what it means.
- 13:30You're. Charged.
- 13:31We saw that when it came in and we weren't sure either.
- 13:34It looks like you tried to charge them, but I it.
- 13:36Only came through as one count. Yeah, I don't know.
- 13:41Anyway, you're charged with unlawful use of a plate and you
- 13:45have the right to a lawyer if you want 1.
- 13:47Otherwise, I can arraign you and send you to the prosecutor.
- 13:49It's up to you. I'm sorry.
- 13:52No, I'm trying to say. All right.
- 13:53So on April 19th at 26 at 9:17 PM, it is alleged that you did
- 13:58operate a motor vehicle on I-75 southbound or civilian
- 14:01Brownstown and that you unlawfully use the plate.
- 14:05That is a misdemeanor punishable by up to $100 fines, 90 days
- 14:08jail costs are all those. Do you understand that?
- 14:11And did you sign, read and understand the advice of rights?
- 14:14When you plead guilty, you'll be giving up all those rights and
- 14:17there will be no hearing your trial.
- 14:18Do you understand that? Yes, Sir.
- 14:20You still wish to waive your right to a lawyer?
- 14:22Yes, Sir. Not guilty pleas honored, $100
- 14:25personal bond. You cannot leave the state
- 14:27without the consent of the court or violate a law.
- 14:29You must appear in court as directed.
- 14:31I think he intended to charge you with the second one, but he
- 14:34checked FUG and I don't have a clue what that means.
- 14:37I don't think it means fugitive. Go, go outside in the hallway
- 14:42and he's going to the prosecutor's going to call you
- 14:44in. OK.
- 14:45And then you can talk to her. All right.
- 14:47Thanks. And then either way, you're
- 14:49coming back in front of them. All right, friends.
- 14:51All in all, it's a slower morning in Judge Mcnally's
- 14:53court. Let's change it up a little bit.
- 14:56Let's go to Newaygo County, other side of the state, and see
- 15:00what's going on with Judge Springstead. 261-3735 for
- 15:05sentencing prosecution defense was the pre sentence
- 15:09investigation report time you made available to.
- 15:11Was your honor. Yes, Judge, it was all.
- 15:16Right. And Mr. Price, I give you the
- 15:18opportunity to read the report and discuss it with the Miss
- 15:20Harris. Yeah, Judge do.
- 15:22You have any additions, corrections or challenges?
- 15:25We do not. Anything that you'd like to say
- 15:27on her behalf? We ask the court to follow the
- 15:30recommendation contained in the file.
- 15:32Alternatively, whether the court would consider giving her credit
- 15:37from time, Sir. All right.
- 15:40And then miss. Harris, have you had the?
- 15:42Opportunity to read the reporting discussed with Mr.
- 15:44Priceak. Do you have any additions,
- 15:46corrections or challenges to that?
- 15:48Is there anything that you want to say on her on behalf time?
- 15:53No. OK.
- 15:54So dude, yeah. So judge what your plan, what
- 15:56your plans. Are what you plan.
- 15:58On doing. Yeah.
- 15:59Well, after whenever I get out, I have to.
- 16:03Go to Mason County. In short time, Mason County, I
- 16:08don't know if I'm home yet. They're waiting until I get
- 16:10something here and then my mom said that I can come home and I
- 16:14no longer will be homeless and that she's going to help me with
- 16:18doing outpatient rehab and I'm hoping you've getting back on my
- 16:22feet. She's got like 2 of my kids and
- 16:24I can be back with my kids and your.
- 16:27Mom has your kids. Yeah, she's got 20.
- 16:29I I have 4 kids. So in Mason County.
- 16:32What is? What stage is that case at?
- 16:35Have you? Have you got a deal yet?
- 16:37Have you? Been there to.
- 16:37Do anything on it yet? No, I had a court day April 14th
- 16:42but they they cancelled it. OK.
- 16:44It was the weather. I believe it.
- 16:46Was really, really bad. OK, So you don't know what we're
- 16:49going to do with the update? No, all right.
- 16:52All right, Miss Walbert, any additions, corrections and
- 16:54challenges, anything that you want the court to consider?
- 16:57Nothing. Additional.
- 17:01All right, the court recognizes that the advisory guidelines
- 17:03would suggest a sentence between 0 and 11 months.
- 17:05The courts can exercise my discretion sentence consistent
- 17:07with the advisory guidelines, consistent with complete
- 17:09reviewing. In this case it would be the
- 17:11sentence of the court. This defendants served 82 days
- 17:13in jail with 82 days credit. There's a 60. $8 state cost
- 17:16assessment $130.00 crime victims rights fund fee.
- 17:20Was being placed. Around probation for two years
- 17:22during the terms and conditions of your probation, there's a
- 17:25$30.00 per month probation over safety for regular probation,
- 17:28$60.00 a month for electronic monitoring.
- 17:31There is also a $60.00 DNA fee, so here is that would be
- 17:39addressed on probation or those appearing as highly probable
- 17:43under the core Compass 8 scale. And it looks like you've got a
- 17:47lot to work on, housing stability, some work skills,
- 17:53substance abuse, how to better use your time.
- 17:58You kind of need a full a full revamp, right, Don't you?
- 18:01Yeah. I've been homeless.
- 18:03For five years and my dad after my dad passed away, my mom.
- 18:07This is the first. Time my mom's offering offering
- 18:10me. To come home and help me.
- 18:11Sounds like you burned some bridges there about 5 years ago
- 18:16now. When you say that you've been
- 18:18homeless, I mean is it you're sleeping under bridges or you're
- 18:21couch surfing or sleeping in a car couch?
- 18:23Surfing house to house whoever people let me stay.
- 18:27Until they get tired of it, yeah.
- 18:29Pretty. Much.
- 18:32What do you think your chances are of staying off of that?
- 18:35Really good with my, my mom's, you know, my mom's help and.
- 18:42She goes to the. Church.
- 18:43My grandma's a preacher and they want me to start going to church
- 18:46every Sunday and being back with my kids.
- 18:48That's a big thing because I lost custody of my kids.
- 18:50When my dad died. When I started doing drugs.
- 18:53OK, sounds like you have to deal with that grief, loss, whatever,
- 18:58and whatever guilt or whatever you feel with the kids before
- 19:02you can kind of really fully tackle the substance abuse
- 19:06issues. Think you can do?
- 19:08That. Yeah, and my mom said she'll
- 19:10make sure she can help me with the outpatient rehab and getting
- 19:15back ignores and stuff. OK, all right.
- 19:20The court will give you 90 days from your release from jail in
- 19:26Mason County to pay your financial.
- 19:29Assessments. OK.
- 19:31That is. Off today, it's going to take us
- 19:35probably till the afternoon, process the paperwork, and then
- 19:40they'll be contacting Mason County and they'll get you
- 19:43transported over there and see what happens there.
- 19:45All right, that's all. Oh, I'm sorry.
- 19:48You do have the right to make applications for your conviction
- 19:50sentence if you cannot afford it through the corresponding treaty
- 19:52represent you on the appeal. Requests for a lawyer must.
- 19:55Be filed with the court. Within 42 days.
- 19:57All righty, quick and easy one there in Newaygo County.
- 19:59Let's head a little bit South now, but stay in Michigan.
- 20:02We'll say. Good morning to Judge Middleton.
- 20:06Morning, Sir. This is Mr. Carpenter.
- 20:10Mr. Carpenter, why you come in and have a seat right next to
- 20:13the Well, why don't you come up to the public?
- 20:16We'll do it that way like we're supposed to.
- 20:20And we're already off the. Side.
- 20:24We're going to start our arraignment docket with Martin
- 20:31Lester Carpenter. The file number is 26 683 SM Mr.
- 20:37Carpenter is charged with having no insurance.
- 20:40We get lots of these. Are you Martin Carpenter?
- 20:44Yes, Sir. No insurance is a misdemeanor.
- 20:47It's punishable by up to a year in jail.
- 20:50I don't think in history of world and you ever got a year in
- 20:53jail, but that's the maximum, carries a minimum fine of $200,
- 20:58the maximum fine of $500.00. So the lowest fine would be $325
- 21:05if it was the cost. And I was asked this fundamental
- 21:08question. Do you have insurance now?
- 21:11Yes. Do you have proof of it with
- 21:13you? Yes, I do.
- 21:14All right. Who's your insurance carrier?
- 21:16Progressive. That seems to be popular.
- 21:19All right, have a seat. We're going to need to contact
- 21:22the prosecutor. There's a lesser charge, which
- 21:25is a civil infraction, which would carry $100 fine and not be
- 21:30a crime. If we can get the prosecutor's
- 21:33consent, perhaps we can dismiss this charge and reduce it to a
- 21:38civil infraction. So have a seat for a moment.
- 21:41We'll see if we can get some help.
- 21:43Our whole new configuration, we were all on the same floor.
- 21:48Prosecutor's office is at the other end of the hall,
- 21:51Prosecutors on two different floors.
- 21:55The floor is below us, at least District Court is all on the
- 22:00same floor. We've taken all of the third
- 22:02floor, every foot of it all. Right.
- 22:07Aside for a moment, let's talk to Mr. Peterson.
- 22:12Phillip Peterson? Are you Phillip Edward Peterson?
- 22:24Yes. This is file number 26697 SM.
- 22:29You got charged with domestic assault.
- 22:31It's alleged to have occurred in three hours on April 17th.
- 22:35Complaining witness is listed by initials, so there must be a
- 22:39child. Domestic assault is a
- 22:42misdemeanor. It's punishable by up to 93 days
- 22:45in jail on a fine up to $500. I see that you're here with your
- 22:49lawyer, the esteemed Mr. Ross Truckee.
- 22:54Mr. Truckee, would you simply enter a plea of not guilty and
- 22:57ask me to set an attorney pretrial?
- 22:59Yes, but we would want to be heard on an amendment to the
- 23:01bond conditions. I can't address that without the
- 23:04prosecutor. And it would simply be to allow
- 23:07family therapy to take place between mother, father and the
- 23:12complainant. Well, I'd like to hear what the
- 23:15prosecutor's opinion is. So.
- 23:17I can. Is there a?
- 23:18Plea of not guilty. Would you like me to try to find
- 23:21a prosecutor? This morning, John.
- 23:23Yes, I will. Now our next attorney pretrial
- 23:27would be Friday, June 5th, I believe is the date.
- 23:31Are you available that day? Yes.
- 23:35All right, let's take a look at the conditions here.
- 23:41You still live at 500 Maple Street.
- 23:44I'm staying at five O 4. All right, just next door.
- 23:48Yes, Sir, because of the no contact provision.
- 23:52Yes, Sir. I used to cover newspapers in
- 23:55that neighborhood. My father lived at 700 Maple St.
- 24:00about 80 years ago, give or take.
- 24:04I have a picture of my uncle. There was about a 1950 Indian
- 24:09motorcycle parked in front of that house on Maple St.
- 24:15According to the bond order, you are to not using the alcohol no
- 24:22contact with ASA. So that person is in 500 and
- 24:27you're in the house next door. Yes, Sir.
- 24:30How old? Is that person 16 1/2 Ross?
- 24:35I'm willing to hear it, but I don't want to take it up without
- 24:38the prosecutor being present. Understood.
- 24:40I also need the prosecutor's help on an insurance case, so I
- 24:44don't know. Abigail and Lucy, who authorized
- 24:47this, might have some knowledge of it.
- 24:50Signed by Deborah J Davis. I will see who is on the 3rd
- 24:56floor. All right, second floor.
- 25:00All right. Mr. Cuellar, would you come
- 25:02forward, please Come right up to the.
- 25:09Podium, if you would. They ended up sitting there
- 25:12because that was a place to set. But it's actually the
- 25:16prosecutor's side. Good morning, Mr. Cuellar.
- 25:19Good morning, Sir. This distinguished gentleman
- 25:21next year is Mr. Keith Stickley. He's the chief public defender.
- 25:25But this is file number 26698 SM.
- 25:29You're Bosephus Lee Cuellar. Yes, Sir.
- 25:32You got charged with domestic assault.
- 25:34That's the last case we just had was one of those.
- 25:37Domestic assault is a misdemeanor.
- 25:39It's punishable by up to 93 days in jail and a fine of up to
- 25:44$500. It would prohibit you from using
- 25:47or processing firearm. The complainant is your
- 25:51girlfriend. I guess we'll call her on this.
- 25:54Allegedly occurred in the city of three hours on April 18th.
- 25:58I'm sure that Mister Stickley would recommend that you plead
- 26:02not guilty. I had appointed attorney to help
- 26:04you with this set up for a free trial.
- 26:07Is that agreeable with you? Yes, Sir.
- 26:09Again, there's probably a no contact provision.
- 26:12Where are you staying? The Three Rivers at 7th St.
- 26:16Ten. Yes, yes.
- 26:17All right. Where is Emily staying?
- 26:21Truck and Miller Rd. in Constantin, Centerville.
- 26:23That's where you used to live. Yes, Sir, all.
- 26:26Right. Plead not guilty, appoint an
- 26:28attorney. Senate attorney Pretrial for
- 26:32June 5th 2O26 at 8:30 I'm going to have the bailiff take you out
- 26:39to the court office. They're going to give you some
- 26:41information with your lawyer's name and number on it.
- 26:44Some of this you've been through before, so I want you to call
- 26:47the lawyer, make an appointment to discuss this with them prior
- 26:51to June 5th. You got a little bit of a unpaid
- 26:54fine. You got $50.00 left on a long
- 26:58another to violate the Motor Vehicle Code.
- 27:00I can pay that today. So stop out at the car when you
- 27:03check on that too. My goal is to have everybody pay
- 27:07all their unpaid fines and costs by the time I retire in
- 27:09December, so it'll be $12 million if I can collect it all.
- 27:15I'll do what? I can.
- 27:17All right, Mr. Clear. I don't know anything that.
- 27:19Happened here, but don't get in any more trouble.
- 27:23You'll. Call your lawyer and discuss
- 27:25this. I'll get the police report,
- 27:27prosecutor will get some input from the complainant and you'll
- 27:31have your 50 bucks paid and all will be right in the world.
- 27:35All right, you're good to. Go.
- 27:39All right. Well, let's see if any of our
- 27:40other misdemeanors showed up. Jose Morales Garcia, Rebecca
- 27:46Heinrich, good morning. I think I need.
- 27:52Some water or something. Good morning.
- 28:03This is the place. We're going to hit the ground
- 28:06running here in a little bit when we get a prosecutor.
- 28:09You may be convening back here in the jury or whether you touch
- 28:12base with the prosecutor, you know.
- 28:14Where they were. We'll have a seat in here.
- 28:18When we find one. We'll try to connect you.
- 28:22Yes, Everything's a bit disorienting.
- 28:27Tim. I'm going to squeeze in Lonnie
- 28:31Williams. Not like we don't have a bunch
- 28:33to do, but we got a bit of a lull and I've got a bench
- 28:36warrant for him. He's a good morning, Deputy
- 28:39Keeley. Can I see Lonnie Daniel Williams
- 28:43in my courtroom? All right.
- 28:45Thanks. Bye.
- 28:48All right, Miss Heinrich, you got a ticket for driving without
- 28:52a valid operator's license. We get lots and lots of those.
- 28:56Might be our most common offense.
- 28:59It's a misdemeanor punishable by up to 90 days in jail and a fine
- 29:02of up to $100. Does carry 2 points and it goes.
- 29:07On your driving record. Oh, OK.
- 29:09Thanks. I saw you showing something to
- 29:14the public defender. Do you have your license back
- 29:17now? She she actually doesn't hear
- 29:19honor, but she's in the process of getting a permit.
- 29:21I think she's had it before. So we'd ask that you enter a not
- 29:24guilty plea. Give her a little bit of time.
- 29:25I think she can wrap some stuff up prior to coming back.
- 29:28So you're working on getting your permit?
- 29:30Yeah, we were hit with a tornado and I just didn't go and finish.
- 29:35You live on River Drive, you get it both way.
- 29:38You get flooded and you get tornadoed when you live.
- 29:41On River Drive and surprisingly we really didn't have any damage
- 29:44besides a broken window and my husband almost getting sucked
- 29:47out the door. But that was.
- 29:50Better everybody else got flooded.
- 29:51You're working on permit. What does that mean?
- 29:55Have you got an appointment with SOS?
- 29:57Yeah, I got to go to the SOS office and do it.
- 29:59I also taken I took in a juvenile do.
- 30:02You have an appointment or you have to set one up.
- 30:05I have to set one up again because it was the permit and
- 30:09then. So you had a permit and it
- 30:11expired. OK, that's common too.
- 30:17I call this getting on the driving suspended and merry go
- 30:20round. You get on it and you can't get
- 30:23off of it. If you get convicted of this, no
- 30:26operator's license, it'll go on your driving record and they'll
- 30:30prove you from getting your license for probably 180 days.
- 30:35So what Mr. Stickley proposed is that I'm sure Mr. George, the
- 30:38city attorney, will agree. We adjourn this about a month
- 30:42and see if you can come in and at least have your permit.
- 30:46There's a charge that Mister George could amend this to that
- 30:50would not go on your driving record and wouldn't affect your
- 30:53ability to get your driver's license.
- 30:56So how about if we adjourn it, I'm going to adjourn it to a day
- 31:02that I don't have pre exam conferences, which would be even
- 31:07numbered Tuesday. So let's adjourn this to June
- 31:132nd. It gives you about 28 days to
- 31:16get your permit. Bring it with you.
- 31:23I got to get a better system. All right, let's give you 4
- 31:30weeks. Would you give her a copy of
- 31:31this, please? I'll.
- 31:32Send Debbie. Could you please give her a copy
- 31:36of this? All right, Miss Henrik, you're
- 31:38good to. Go.
- 31:39Thank you. Have a great day.
- 31:44All right, once again, everybody, good morning, TCF
- 31:46live on a Cinco de Mayo. Good to have you all here.
- 31:50Let's get out of Michigan. Let's go down to Florida, say
- 31:54good morning to Wade Mercer. You have two issues.
- 31:57You've got a violation of state probations where you have no
- 32:00bond. That's signed by the Circuit
- 32:02Judge. This one's signed by Judge
- 32:04Garcia. You got no bond in that case.
- 32:06We're going to come back to that in just a moment.
- 32:08You in addition to that, you have one charge of petty theft.
- 32:11There is probable cause for the to the petty theft.
- 32:13I'm appointing the publishers office represent you in the
- 32:15petty theft. Mr. Pittman, listen to Mr.
- 32:17McDaniel and we'll see where we're going to go in the petty
- 32:19theft and then we'll deal with the violation of probation.
- 32:20Mr. McDaniel. No honor I spoke to.
- 32:22Mr. Pittman, he said. If you have no contest or
- 32:24charges listed, you understanding he'll be sent 60
- 32:26days in jail one day jail credit, judicate guilty.
- 32:29He just waived his right to jury trial and call witnesses.
- 32:32This plea can't be used against him at the VOP ever.
- 32:35The incident can be used. Is that a resolve this?
- 32:38Case, thank you. Mr. Mitchell's had agreeable
- 32:41with the state. It is your honor.
- 32:44Thank you. And Mr. Pittman, did you hear
- 32:45that agreement? Yes, Sir.
- 32:48Mr. Pittman, do you have any questions about that agreement
- 32:50on the misdemeanor? No, Sir.
- 32:52And is that the plea you would like to enter?
- 32:54Thank you. Yes, Sir.
- 32:55Mr. Pittman, I'm going to accept your plea of no contest to the
- 32:58charge of petty theft in case number.
- 33:02There's no case number on there, 25593 MMM Thank you, Mr.
- 33:06McDaniel. I'm going to adjudicate you
- 33:08guilty of that misdemeanor offense.
- 33:10I'm going to sentence you to 60 days in jail, give you credit
- 33:12for the time that you've already served, which is one day.
- 33:16Mr. Pittman. 370 court costs and fines.
- 33:18And there's a condition that the plea will not be used against
- 33:21you in the violation of probation proceedings.
- 33:22That does not prevent the state from using the incident itself.
- 33:28So that takes care of that case in the violation of probation.
- 33:30Yes, ma'am. Is there an agreement for $50
- 33:37civil judgment on the restitution, Mr. McDaniel?
- 33:41Yes, Mr. Mitchell. Yes, Your Honor, so.
- 33:45Mr. Pittman, there's a $50 civil judgment on the restitution.
- 33:48Does that change your mind about wanting to enter the plea?
- 33:50No, Sir. OK, so Mr. Pittman, that case is
- 33:53over with. But while you're serving that
- 33:55sentence, we're going to go ahead and get the VOP moving.
- 33:57So in the violation of probation, I'm going to appoint
- 33:59you a lawyer if you want one. Would you like to have an
- 34:01attorney appointed represent you in the VOP?
- 34:03Yes, Sir. I'm going to appoint the Public
- 34:05Centers office to represent you, Mr. Pittman, in the violation of
- 34:08probation. Now listen to Mr. McDaniel and
- 34:10then I'll see if you have any questions in just a minute.
- 34:13Are we going to plead not guilty?
- 34:14Yes, it's in June 4th, pretrial docket and advising the attorney
- 34:17to come visit him part of that hearing June 4th, Mr. Mr.
- 34:21Mitchell, anything. No, Your Honor.
- 34:24So Mr. Pittman, the attorney will see you before your court
- 34:26date. You have any questions, Sir?
- 34:28Yes, Sir, I got the question. I got one question.
- 34:31Do do that. Do.
- 34:34What's my time? Running from the day that they
- 34:36put the. Hold on for the VOP, because I
- 34:40just got from Washington County yesterday.
- 34:42Were you arrested only on this? No, No, Sir, I was arrested.
- 34:47I was. Arrested.
- 34:48If you have local charges, it's up to the judge.
- 34:51You don't have the right to get credit for that time.
- 34:54Some judges may give you credit. The state and your attorney and
- 34:57yourself may reach an agreement to give you credit for that
- 34:59time. So if you're arrested solely on
- 35:01this VOP and this warrant, yes, you will get credit for it.
- 35:05But if you're arrested on other charges also, no, you don't have
- 35:08the right to it. It's it's just only if the judge
- 35:10agrees and everybody's on the same page.
- 35:12So what happened to the VOP? I don't know.
- 35:14But what you've got in this case is a one day credit.
- 35:16But in our case, you certainly may get the trustee program.
- 35:19I hope you do and get you some extra game time and and to put
- 35:22this all behind you. And while you when you get
- 35:24through with this, you may have the VOP resolved.
- 35:25I don't mind. OK.
- 35:27OK. All right.
- 35:29Wish you the best, Mr. Pittman. All right.
- 35:31Sir. We have Kenneth Gilford next.
- 35:36Good morning, them. Mr. Gilford, Good morning.
- 35:38Mr. Gilford, you here for first appearance.
- 35:40You've been accused of one kind of aggravated battery.
- 35:42Mr. Gilford. There is probable cause in the
- 35:44complaint. I've also looked at your
- 35:45criminal history. I think you're entitled to a
- 35:47bond, Mr. Gilford, as far as I can tell.
- 35:49Let me listen to the attorneys and then we'll make a final
- 35:52decision on on your bond. Mr. McDaniel, anything on behalf
- 35:55of Mr. Gilford. There you go.
- 35:57And Mr. Mitchell? No, Your Honor.
- 36:00Mr. Gilford, I'm going to set you a $10,000 bond, cash or
- 36:03surety. At least you can go through a
- 36:04bondsman. You'll get a chance to use the
- 36:06phone, Sir, in a few minutes to post the bond.
- 36:08Mr. Gilford, I'm also going to have a condition of no contact
- 36:12with alleged victim. I don't want your situation to
- 36:14get any worse and no contact with that alleged victim while
- 36:17the case is pending. And I'll give you a chance to
- 36:19ask questions in just a second. Lastly, we're going to give you
- 36:22a notice for your court date for June the 2nd, June the 2nd at
- 36:288:30. The jail will give you that
- 36:30notice in just a minute. Mr. Gilford.
- 36:32Mr. Gilford, do you have any questions?
- 36:34No, Sir, I. I said that, Mister Wayne, I
- 36:37don't know you. Well, hopefully you'll Mr.
- 36:40Hopefully you'll get you'll get these phone in a few minutes.
- 36:41Hopefully you post the bond and get out of there.
- 36:43Y'all just stay away from each other while this mess is
- 36:45pending, OK? Hey, it it no problem, Sir.
- 36:47It wasn't me. So I I know what you're saying,
- 36:50Sir, but it wasn't me. Have a good have a good day, Mr.
- 36:52Gilford. All right.
- 36:53Mr. Sherry Carroll. Yes, Sir.
- 36:59Miss Carroll. Good morning.
- 37:00Miss Carroll. You have an out of county
- 37:02warrant in Calhoun County. I went and looked on the system
- 37:06this morning to see if there was a bond on that warrant and the
- 37:10telecom doesn't tell us, but the warrant itself does.
- 37:12There is no bond on it. You're accused of violating your
- 37:15probation there. There's no bond on the warrant.
- 37:17So what that means, ma'am, is you'll be held for Calhoun
- 37:19County. You'll get over there in the
- 37:21next couple of working days. You'll go to another first
- 37:23appearance, but the warrant right now has no bond on it.
- 37:26You have any questions, Miss Carroll?
- 37:28Yes, Sir. All right, man, wish you the
- 37:30best Sexual Mr. Tyler. David Tyler.
- 37:35Good morning, Sir. Good morning, Miss Tyler.
- 37:37This is a charge I don't know I've ever seen.
- 37:39I had to read the statute. It's sexual cyber harassment.
- 37:43I think it's a pretty new statute in Florida.
- 37:46I read the complaint. There is probable cause, but I'm
- 37:48not sure that that the officer has it correct in the degree of
- 37:52the crime. Mr. Mitchell, any input on that?
- 37:56What degree is it listed? I apologize if I haven't.
- 37:59He he checks the felony box, but looks to me like your first
- 38:03offense is a misdemeanor unless it meets certain felony criteria
- 38:08where you're trying to get money out of pecuniary gains, what the
- 38:11statute says. So I think your first offense is
- 38:13a misdemeanor unless it meets certain enhancing conditions
- 38:17which aren't alleged. That's what I no to be, at least
- 38:21when it comes to cyber harassment in that situation.
- 38:24I think this is a first degree misdemeanor.
- 38:26We can kind of work out the kinks later.
- 38:29If we need to transfer it up, we can.
- 38:31We have no objection just to giving it like a misdemeanor
- 38:33date and a bond. Mr. McDaniel yeah, I don't want
- 38:40to take this prosecution side on this, but yeah, I don't.
- 38:44I thought it was based. This is my recollection.
- 38:46I thought it was based on whether it was someone was
- 38:48identified be identified within the videos and the stuff.
- 38:54And I'll also say that the complaint's not clear that that
- 38:57is the person is readily visible and identifiable.
- 39:01But so I I thought that's what the I thought that's what.
- 39:05The issue was. Yeah.
- 39:07OK. So the the statute says except
- 39:11as providing subsection B personally violates this section
- 39:15for purpose of pecuniary or financial gain commits A felony
- 39:18to the third degree where I would take that to be I'm going
- 39:21to send this video to somebody unless you pay me.
- 39:23And then above that it says except for that it's a
- 39:27misdemeanor of the first degree. There is a paragraph about you
- 39:31have to be able to identify the person from the video.
- 39:34And so it's an unusual it's an unusual allegation trying to see
- 39:41if they're specifically says that in here.
- 39:43Mr. Mcdaniel's point and we're going to just ask for a
- 39:46conditional release. I don't think he has any
- 39:47criminal history and 30 years and you know, so the only thing
- 39:55I didn't mean to interrupt you, Mr. McDaniel, go ahead.
- 39:58Yeah, we're just going to ask for conditional release no
- 40:00matter what mistake can figured out what they're going to do
- 40:02with it. I guess the only thing I say is
- 40:06a 1980 DUI in Escambia County. That's a non factor.
- 40:10For bond purposes that's what's that over 40 years ago 1981 AG
- 40:16Battery that Escambia County that's almost over 40 years ago
- 40:20and that's it and discharge. So I'm going to treat it as a
- 40:23misdemeanor for bond purposes because I think this is a
- 40:26misdemeanor charge. Now Mr. Tyler the clerk's office
- 40:29has to set it up as a felony I believe so don't let me ask this
- 40:32question. He checks felony with the
- 40:34statute number he cites here. She they don't cite the specific
- 40:40subsection. They don't cite the right
- 40:42subsection at all. So you can't go by the statute
- 40:46number. So do you go by felony the
- 40:48clerk's office going to go by felony where you check that or
- 40:50what? He's he's got the right, he's
- 40:53got a subsection, but the subsection he sites isn't the
- 40:56one that tells what's a felony misdemeanor.
- 40:58My question whether you have a different complaint than I have
- 41:00out here because mine has fully Section B and it's Yeah, no, the
- 41:05Section B says this. Section B says it is becoming a
- 41:09common practice for persons to publish the sexually explicit
- 41:12image of another to Internet websites.
- 41:14It goes on to explain it. Section B doesn't tell you which
- 41:17degree crime it is. It should have cited.
- 41:20You should have cited section 3B or 3A, not 1A or 1B anyway.
- 41:35Yeah, thank you, Ryan. Yes.
- 41:36It's going to be a misdemeanor. So he's going to have to amend
- 41:38this complaint. Mr. Mitchell, I don't see any
- 41:39way around it because we can't. The clerk can't tell from the
- 41:42complaint. It's just like grand.
- 41:44It's like theft. The theft statute has one
- 41:46section that's misdemeanor, one section third degree felony, and
- 41:49see if we got some second degree felonies.
- 41:50And if you just put a 12 point O 14, there's no way the clerk's
- 41:53office can know which specific type of theft they want to
- 41:58charge with. This is the same way.
- 42:00So Mr. Tyler, I don't know. I'm not going to give you a
- 42:02court date because I don't know which court date to give you
- 42:05because it's the complaints not not completed completely
- 42:07accurately. I'm going to treat it for bond,
- 42:09for misdemeanor purposes, for bond.
- 42:11And based on your criminal history, I'm going to let you
- 42:13pick between a bond and a conditional release.
- 42:15If you want to post the bond, the bonds can be $2500.
- 42:18If you want to accept the conditional release, I'm going
- 42:19to offer your conditional release for the reasons I've
- 42:21said and you will have a condition, no contact with
- 42:24alleged victim either way. Mr. Tyler, do you prefer the
- 42:26bond or the conditional release or do you have questions?
- 42:31I think you're going to bond Young.
- 42:33You're buying $2500 cash or surety, Mr. Tyler, with that
- 42:37condition I mentioned no contact, Sir, and you'll get to
- 42:39use the phone in a few minutes. I'm not going to give you a
- 42:41court date because of the uncertainty.
- 42:43So Mr. Tyler, just make sure the clerk has your address, which
- 42:46right now is at 3rd Ave. address, so that that way you'll
- 42:49get your notice when they do send it out.
- 42:50OK, Have a good day, Sir. Bye.
- 42:54All right, friends, let me just hit pause here for a minute.
- 42:56Thank you to Austin for bringing attention to me.
- 43:00Florida Statute 784, point O 49. I took that statute, which is
- 43:05long and obviously legally wordy, and fed it into my my
- 43:11favorite AI friend, Grok, Super grok to be exact.
- 43:16And it did super things and it summarized it as this.
- 43:21This is the Florida revenge porn sexual cyber harassment law.
- 43:26You commit sexual cyber harassment.
- 43:29If all of these are true 1 You willfully or maliciously publish
- 43:35the image to a website or send disseminated electronically to
- 43:38someone else. So it goes on a website or even
- 43:40texting it to somebody. The image is sexually explicit.
- 43:46The image contains or conveys the person's personal
- 43:50identification information such as name, address, phone number,
- 43:53e-mail, Social Security number, date of birth, or even a unique
- 43:56physical description that identifies them. 4 you do it
- 44:00without the person's consent, 5 it goes against their reasonable
- 44:06expectation of privacy. Six, you do it for no legitimate
- 44:09purpose, and seven, you do it with the intent to cause
- 44:13substantial emotional distress. So those are all of the things
- 44:18that have to be true for the charge to stick.
- 44:23First offense, as Judge Mercer said, is actually a misdemeanor
- 44:27up to one year in jail and $1000 fine.
- 44:29Second or subsequent and elevates to a third degree
- 44:31felony with up to five years in prison and a $5000 fine.
- 44:36Interestingly enough, the statute also paves way for a
- 44:40civil lawsuit with at least $10,000 in damages.
- 44:43And of course, because government is in partnership
- 44:48with big business, all big Internet companies, phone
- 44:52carrier, phone carriers, platforms, etcetera have safe
- 44:56harbor from this law. So just to give a little more
- 45:00clarity since that was new to Judge Mercer, that's what's
- 45:03going on with that. And again, thank you Austin for
- 45:06helping out with that. Let's get back to Judge I'm.
- 45:08Sorry, Your Honor, that. We have. 2500.
- 45:11Mitchell, 2500 OK Jack Savior Livingston Mr. Livingston Good
- 45:19morning Mr. Livingston. These are some additional
- 45:21charges that have come in now. I've been accused of an
- 45:24additional charge of shooting into an occupied vehicle, one
- 45:27count of aggravated assault with a deadly weapon, and one count
- 45:30of discharging firearm within 1000 feet of another person.
- 45:33Those are 2/3 of your felonies. The first and third one are,
- 45:36excuse me, two second degree felonies.
- 45:39This shooting into an occupied vehicle, discharging A firearm
- 45:41are second degree felonies. Arkansas to 3rd degree felony.
- 45:46There is probable cause. This is a separate alleged
- 45:48incident than the one that you're already in jail for.
- 45:50This is a totally separate incident.
- 45:53This supposedly occurred on. Let me give you a date.
- 45:56This allegedly occurred on April 29th at 4:17 AM.
- 46:01This is something that they're saying happened on I-10.
- 46:03So I'm going to have to set you a bond in these cases.
- 46:05I know you've already got a bond set for an attempted murder, but
- 46:08you're entitled to a bond on these charges.
- 46:10Also, Mr. McDaniel, anything regarding bond for Mr.
- 46:12Livingston? No, you are, Mr. Mitchell.
- 46:17Your Honor, I just wanted to bring to your attention also
- 46:20that State probation reached out to us yesterday.
- 46:22They received a complaint regarding his attempted murder
- 46:26charge. So it's very likely that a VOSP
- 46:30warrant will be coming in, in the following days for him.
- 46:33And 25589 CFI think it's the case number, but what whichever
- 46:391 is currently on probation for. We already have that set to come
- 46:42back next Monday, right? Yes, I I just thought it would
- 46:47be beneficial for Mr. McDaniel to hear that too.
- 46:49Thank you. Thank you, Mr. Mitchell.
- 46:51So Mr. Livingston, we're going to set the bond at $25,000 each
- 46:55on the two second degree felonies.
- 46:57The Agathol will have a $10,000 bond.
- 46:59Your total bond from today is $60,000.
- 47:01Cash or surety with a condition. No contact with alleged victim,
- 47:05let's say. 16. And well, that doesn't change
- 47:10your that doesn't change your status regarding next week.
- 47:12I'm still going to see you next week and we'll see if there's a
- 47:14bond on the VOP or if there is AVOP warrant.
- 47:17We're also going to give you a notice for all your court dates
- 47:19for the one yesterday as well as today for June 2nd at 8:30 that
- 47:24we're going to give you a notice and I'll see you next Monday,
- 47:26Mr. Livingston, and we'll see if they have a warrant or not.
- 47:29Any questions, Sir? Yeah, Yes, Sir.
- 47:32I'm being charged with another crime on the same day I just
- 47:37got. Accused.
- 47:41You'll find out this this is supposed an incident on I-10
- 47:45where you allegedly fired a shot into another vehicle on the
- 47:47highway. And according to the complaint,
- 47:502 of the people in your car identified you as being the one
- 47:53that fired the shot. That's what the complaint
- 47:55alleges. OK, have a good day Sir.
- 48:00Real esteem. Mr. Dean, Come on up.
- 48:04State versus Willis Dean. Mr. Dean, you're here because
- 48:06you've been accused of one kind of criminal mischief with
- 48:09property damage over $1000. I read the complaint and I
- 48:13didn't see in there where the the basis for the property
- 48:17damage. Mr. Mitchell, did you have any
- 48:20argument or see anything I may have missed, Sir?
- 48:23Just a moment, Your Honor. Not at this time, Your Honor.
- 48:31Mr. McDaniel, any, any argument, you know, just nothing.
- 48:36You said this is a sibling thing going on, I guess and sister.
- 48:40So nothing else. So Mr. Dean, I'm going to find
- 48:42probable cause for misdemeanor only the officer has to allege
- 48:45the basis for the damage. Does he does he get it from the
- 48:48alleged victim? They may not have estimates at
- 48:50that at that point of an arrest. I get that.
- 48:52But somebody has to say I think it's X amount of dollars in
- 48:55damage based on this and and officer doesn't never mention
- 48:58the damage until the charge point where he says he's
- 49:00charging with more than $1000 damage.
- 49:03So for it's a misdemeanor for bond purposes, you don't have a
- 49:05very good criminal history at all.
- 49:07Your bonds $3500 cash or surety. You do have a condition and no
- 49:10contact the alleged victim and you've got a this is right now a
- 49:14felony case. So right now your court date
- 49:16will be June the 2nd at 8:30. But you'll get a chance to use
- 49:19the phone Sir, if you post the bond just have no contact the
- 49:22alleged victim. Mr. Dean, do you have any
- 49:24questions? Yes Sir, I want to.
- 49:27I was going to ask if the officer never made a base like
- 49:31he never based the amount of damages done to the car, how is
- 49:35it still a felony criminal? Mischief instead of a
- 49:38misdemeanor. It's not it's I'm finding proper
- 49:41cause for a misdemeanor. I set you a misdemeanor bond.
- 49:43Oh, OK. OK.
- 49:44Thank you all. Yes, Sir.
- 49:46Have a good day. You do the same.
- 49:49Jaden Kennedy. Mr. Kennedy, Good morning.
- 49:55Mr. Kennedy. You're here because you've been
- 49:57here for one kind of trespass and a structure.
- 49:59Looks like a second degree misdemeanor.
- 50:01Mr. Kennedy, there is probable cause for this charge.
- 50:03I'm appointing the publishers office to represent you.
- 50:06Please listen to your attorney, Mr. McDaniel.
- 50:08You always just ask for a bond. Mr. Mitchell.
- 50:12Anything. No, Your Honor.
- 50:15Mr. Kennedy, looks like you just got out of jail in Bay County.
- 50:17For a trust I. Wanted to speak about.
- 50:20I've been arrested four times in a short period of time frame and
- 50:24I'm homeless. I've got an SSI check but it's
- 50:28not made it to me in over a year so I can continuously continue
- 50:32to get arrested for being in a situation in life.
- 50:37If I could just get probation or something and be able to sign
- 50:41probation to where I can go and get my check back started up and
- 50:45better myself, I wouldn't be in these predicaments over and over
- 50:49and over and over and over again.
- 50:51I don't think I've ever given probation to the homeless
- 50:53person. I don't know how you would do
- 50:55that. How can you supervise them?
- 50:56How would you get in contact with them?
- 50:58Address where I could live. I have.
- 51:01Multiple. Addresses where I can live.
- 51:04As a matter of fact. I have enough money to buy a
- 51:07trailer owed to me. I just can't even get a bond
- 51:10today. So you can post the bond and go
- 51:12ahead and get you a a living location, get your residence,
- 51:14and we'll see you when you come to court.
- 51:15Your bond's gonna be $3500 cash or surety based upon you just
- 51:19getting out of jail for a trespass.
- 51:21You'll get a chance to use the phone to try to post the bond.
- 51:23You'll be released as soon as the bond is posted.
- 51:26Mr. Kennedy. They're also going to give you a
- 51:27notice for your court date. That way we don't have to mail
- 51:30it to you. Go ahead and put it in your
- 51:31hand. And that court date will be
- 51:32when? Mr. Mitchell, June 1st.
- 51:36Yes, June 1st. June 1st at 9:00 AM will be your
- 51:40court date and they'll give you just a second.
- 51:42Go ahead. I couldn't hear what you were
- 51:46saying because I was talking at the same time.
- 51:47But your court date will be June 1st.
- 51:48Do you have any questions, Your Honor?
- 51:51Mr. Kennedy, I just spoke to him.
- 51:52I think he just wants to go ahead and resolve this case
- 51:54today. Do you understand that he's
- 51:56going to be sentenced in 60 days in the county jail?
- 51:58He have one day jail credit. He's.
- 51:59Going to sign this pre waiver. Form waiver, jury trial and call
- 52:02witnesses. And I have spoke to him prior to
- 52:05the hearings this morning, and I think he knows this.
- 52:07Probably in his best interest. Mr. Kennedy, I have no problem
- 52:11at all if you want to wait and post bond or try to post bond.
- 52:14And if you don't post the bond, I'll see you in a few days.
- 52:17But if you want to resolve this today, I have no problem with
- 52:19that either. So tell me what you want to do,
- 52:21Sir. Will the time still be rolling?
- 52:23Regardless? You're going to get credit for
- 52:25the time you're there either way.
- 52:28The difference is the difference is OK, Fair enough.
- 52:31So you've got the bond, you've got the court date.
- 52:33If he doesn't post bond in a couple days, let's get him back
- 52:35up once he talks to Mr. McDaniel.
- 52:37OK, Have a good day, Sir. What was his and Mr. Dean's bond
- 52:42again? $3500 Both of them are $3500.
- 52:46OK. Because of their histories.
- 52:50Yeah, I'll sign. It he'll, he'll, I don't know,
- 52:56he needs to think about it. If he wants to do it tomorrow,
- 52:58let's do it tomorrow. But I, we need to give him time
- 53:01to think about it. He's he's to.
- 53:04Let's work. Up tomorrow, Your Honor.
- 53:06I'm sorry. Let's just bring him up
- 53:08tomorrow. Confused about it, if he was
- 53:11still going to be getting his game time if he's sitting in
- 53:13jail. And I thought, no, you're not
- 53:14going to be getting the game time sitting in jail.
- 53:15It's not. Until you plea out.
- 53:17So that was, yeah, he gets credit for times for but not
- 53:20game time. But we'll see him tomorrow if he
- 53:22wants to resolve it. Mr. McDaniel.
- 53:24That leaves Wayne Gates today. Mr. Gates.
- 53:30Good morning. Mr. Gates, you're here because
- 53:32you've been accused of 1 count of felony battery.
- 53:34Mr. Gates, there is probable cause for the charge.
- 53:38It's technically a battery. Mr. Gates.
- 53:40It's not your typical felony battery that you think of.
- 53:43Mr. McDaniel, Mr. Mitchell, y'all may have seen the
- 53:45complaint. Think y'all.
- 53:47Both have. The allegation is he wiped blood
- 53:49on the mother of his child. That would be a battery.
- 53:52And because he has prior batteries, that would make it a
- 53:55felony battery. The problem is Mr. Gates is on
- 53:57state probation out of Washington County.
- 53:59That's where the difficulties come in.
- 54:01So Mr. Gates, I'm going to point the public service to represent
- 54:04you for first appearance purposes.
- 54:06Listen to Mr. McDaniel and we'll see what the state's position is
- 54:08after that. Yeah, we just ask the reasonable
- 54:10bond. Mr. McDaniel.
- 54:13I'm sorry, Mr. Mitchell. I apologize.
- 54:17What's the case number in Washington County?
- 54:1922-385 CF. 385 CF We just request that we hold them for
- 54:29seven days so that I can get in contact with Washington County,
- 54:32see if they want to revoke his or violate his probation over.
- 54:37There. So, Mr. Gates, I'm going to set
- 54:40you a misdemeanor bond because of the type of battery it is.
- 54:43I think it's technically a battery if what's what's alleged
- 54:46is true, but your bonds will be $2500 cash or surety.
- 54:50But don't try to post it because of being on probation.
- 54:53That's why this is so complicated.
- 54:55I'm going to ask Mr. Mitchell to notify the probation office of
- 54:57your arrest. They have seven days to seek a
- 55:00warrant. We'll see if they get a warrant
- 55:01or not. So because you have the new
- 55:03arrest, the judge over there may not sign a warrant.
- 55:05The judge may give you a notice to appear or the judge may sign
- 55:09a warrant. If they sign a warrant, they'll
- 55:10decide if they're going to put a bond on it or not.
- 55:13I'll see you in seven days. Well, I may see you before then
- 55:15if they get a warrant signed before then.
- 55:17But if not, I'll see you next Tuesday.
- 55:18We'll see if they have a warrant and if they do put a bond on it
- 55:21or not at first appearance next Tuesday, but if not before.
- 55:25Mr. Gates, any questions? Yes, Sir.
- 55:28I don't understand how I'm charged with battery and I was
- 55:31sold as and I called. I mean, let me tell you, let me
- 55:36let me try to tell you that part of the complaint, complaint says
- 55:40that you and Mr. Castillo got in an argument or a fight, but
- 55:43after you were fighting, I'm just, I'm just and I don't, I
- 55:46don't that that very well may be true.
- 55:49But the allegation against you is that afterwards you went up
- 55:54to the mother of your child and you notice you're bleeding and
- 55:56you wipe some of the blood off of your face on the her face and
- 55:59said here you go. And then allegedly you admitted
- 56:02to that. That is a battery.
- 56:04Now, if that's true, so neither of you were charged with the
- 56:07five before then it appears officer doesn't mention charging
- 56:10anybody. But technically that's a battery
- 56:13and you are on probation. So you have reduced rights when
- 56:15you're on probation. So right now you got no bond
- 56:18until we see what they do. OK, So on the Hill for seven
- 56:21days, for seven days at most. If Washington County comes back
- 56:25tomorrow and tells the prosecutor here's a warrant
- 56:28judge signed and it's got a $500 bond bond or whatever the judge
- 56:32does over there, we'll bring you back up as soon as we know that.
- 56:35So seven days at most. I may see you before then.
- 56:37OK. Yes, Sir.
- 56:40Have a good day. Yeah, we'll give them a court
- 56:42date once we. Yeah.
- 56:44That also gives time for Mr. Mitchell to look at it and see
- 56:46if it's going to stay in felony court or not.
- 56:48All right, so we've got we've got Mr. McDaniel.
- 56:53We have a couple of cases in the courtroom.
- 56:55And I can't tell from this position where they have private
- 56:58attorneys or not. None of these have private
- 57:00attorneys. None of them have public
- 57:03defenders. OK, so we got 3 requests for
- 57:06extension, Mr. McDaniel, but they were all played without
- 57:09your services at arraignment or pretrial?
- 57:11Must have been arraignment, Mr. McDaniel.
- 57:13Anything else from the Public Defenders office?
- 57:15No, Your Honor. And Corporal, anything else from
- 57:18the jail? No, Sir, Your Honor.
- 57:20And Mr. Mitchell, I know that you've got to hang around for
- 57:23these. Mr. Mitchell, anything else you
- 57:24need to jail for or Mr. McDaniel, Your Honor.
- 57:28All right. Thank you.
- 57:28Ladies and gentlemen, that concludes first appearance.
- 57:30We do have these other three cases.
- 57:32Corporal, is someone waiting on this connection?
- 57:34Does Judge Garcia need this connection today?
- 57:36Yes, Sir. We have some zooms.
- 57:38Are they at 9:00? Yes.
- 57:42OK, what do we have, 859? We're going to get off this
- 57:44connection. Then, ladies and gentlemen,
- 57:46we'll put these other cases on a different Zoom room so we can
- 57:50free up this connection with the jail so Judge Garcia can use it.
- 57:53First appearance. Court is adjourned.
- 57:55Thank you. Alrighty friends, that brings
- 57:57that to a close. For the moment, let's let's head
- 58:01over to Texas. Judge W is getting her day
- 58:04started. Right, just a second to the
- 58:06court with winners. She's not there.
- 58:57All. Right.
- 59:00Well, it's fascinating as all of the mumbling in the background
- 59:03is. It's not overly engaging for
- 59:06live stream. So let's go across the hallway
- 59:09to Judge Stevens. We'll come back to Judge W
- 59:11later. Johnny sent the court and.
- 59:15I know, I wish. I might have come in person
- 59:17because we just have writing and then everybody else is live and
- 59:21they can explain the writing doesn't explain it.
- 59:23So he came in again today without a patch on and my
- 59:27understanding is he doesn't have one on today either.
- 59:29Is that right? Is there?
- 59:31They had failed off. They had failed off yesterday
- 59:33when I was inside. I'm sorry, sit over there.
- 59:36They specifically stated they've never even had a chance to.
- 59:40See that? I know, but I'm about to, I'm
- 59:43about to revoke his bond and put him in jail, but not just on
- 59:49people whose he due processes. He gets your representative.
- 59:55Yeah, you get a chance to question and that's not
- 59:57happening because nobody shows up and it just we just can't do
- 1:00:01it on A1 sided statement on in writing we had it has to get
- 1:00:06tested by cross examination and. Things like that.
- 1:00:11But. No, I'm, I'm sorry.
- 1:00:13Everybody else has to follow the rules.
- 1:00:15I'm picking up this file from somebody else.
- 1:00:17Hey slow judge and I I'll be glad to yeah we we're going to
- 1:00:21have it takes a hearing but it's his word against whoever saying
- 1:00:26this and then this just writing and and hearsay is it is an
- 1:00:30objection that would be raised and I just we just can't make it
- 1:00:35up out of. Things like the rest of the
- 1:00:36week. Be back here.
- 1:00:38But anyway, we're going to get somebody over here right now and
- 1:00:41deal with one step at a time. If you know what I.
- 1:00:44Mean. Yes, Sir.
- 1:00:45OK, Do I understand? Fine.
- 1:00:48They didn't. Depending upon where it goes.
- 1:00:51Oh. David Carter.
- 1:00:53He's here. President, it's your honor.
- 1:00:55I think Mr. making this this it takes over 1/4 point and just
- 1:00:59make it's been retained. Is that correct?
- 1:01:01Yes, yes. And I'm not ready.
- 1:01:05Where is the. Defendant.
- 1:01:06Come forward, Professor. I'm sorry, David Rogers.
- 1:01:10Where is he? Stand up.
- 1:01:12Come on up. Does he speak English?
- 1:01:15Yes, you are OK. He's just having trouble.
- 1:01:18Communicating. You're David Lee Rogers.
- 1:01:20Yes, Sir. You were charged here with a
- 1:01:22second degree felony of aggravated assault with a deadly
- 1:01:24weapon, and if convicted, you face up to. 20.
- 1:01:30Years in prison. So this is a most serious
- 1:01:34allegation here. She appears to have picked up at
- 1:01:40least two different misdemeanors while he's been held on bond on
- 1:01:43this. Who is Charlatha?
- 1:01:45My wife. OK.
- 1:01:46Need. Do you know you cannot have any
- 1:01:48contact with her even though they're married?
- 1:01:51You haven't? No, Sir.
- 1:01:52OK. If we find out, your bond would
- 1:01:54be revoked and you would sit in jail until this thing came to
- 1:01:58trial, which could be a while. Back on January 8th of 2025 he
- 1:02:01made admissions if he was around her and the report went through
- 1:02:06extensive explanations about the violations and then ordered that
- 1:02:10he have AGPS and that's what you have GPS device.
- 1:02:16So what else you you had said something the state your honor,
- 1:02:20since he's gotten this bond of looking over this file coming
- 1:02:25down he's. Spent.
- 1:02:27Three additional misdemeanors since his bond was was set.
- 1:02:32OK, I don't know. I don't know anything about
- 1:02:34that. I'm showing on the system.
- 1:02:37Mr. Macon represents him on the DWI from April 26th. 20. 4 and
- 1:02:43unlawfully carrying a weapon, and I informed Mr. Macon that he
- 1:02:47has an additional charge coming from February 22nd of this year
- 1:02:52for assault causing bodily injury.
- 1:02:54On him. Since it's deferred, I don't
- 1:02:58have the victim. 'S name on that.
- 1:03:00I think it would be important to know, yes Sir, I agree would be
- 1:03:03somebody we know. In this case.
- 1:03:05Yes, Sir, I agree. But I don't have that on my
- 1:03:09watch. You're going to pick up all
- 1:03:10these arrests on my watch? First bond condition, don't
- 1:03:14commit a crime that starts. That's the very first one, Sir.
- 1:03:19Because it's the most important and.
- 1:03:21You're going to run up arrests. When did all of this occur?
- 1:03:25The the latest was February 22nd.
- 1:03:29Of the share judge. Can I get a charging?
- 1:03:31Instrument. A copy of a charging.
- 1:03:34Instrument that that's what was deferred.
- 1:03:36I don't have that information, Judge I.
- 1:03:38Don't have anything. When was it deferred placed on?
- 1:03:41When was he placed on deferred? It was.
- 1:03:44Sent back for us to get proper. It was it was a oh, he's not
- 1:03:48he's not on deferred adjudication.
- 1:03:50It was OK deferrals from our office.
- 1:03:52Yeah. You got to be clear if we're the
- 1:03:54listed name, we use it in different ways.
- 1:03:56Sorry, Judge. That's OK.
- 1:03:58The listed name is Damari, spelled DMAURI Fisher.
- 1:04:04And what's the charge again? That's misdemeanor last name.
- 1:04:09Misdemeanor assault. What?
- 1:04:11What's the? Can I get a probable cause by
- 1:04:14any chance if I had it? I'd give it to you what's.
- 1:04:16Next on him. He's got three of them.
- 1:04:18Hilarious. Putting out the informations on
- 1:04:20the 2 misdemeanors. Those arise those two arise out
- 1:04:25of the same date which is April 26th, 2024.
- 1:04:30That is the offensive DWI is and Karen was cut off with carrying
- 1:04:35a weapon to see is also out of when what day 2 charges same day
- 1:04:41April 26th 2024 OK that was before he was indicted in this
- 1:04:46and before he committed the July 5th you're.
- 1:04:48Right. That's staying correct.
- 1:04:52Thank you. But you said there was a third
- 1:04:54one that was the one that's been deferred by our office for
- 1:04:59additional information. So you make a big deal about.
- 1:05:02This. Yes, Sir.
- 1:05:04Assaults are just you're charged with aggravated assault.
- 1:05:09Problem is you picked up these two assaults, DWI on April 26th
- 1:05:18and then an assault. No, it's a unlawfully carrying a
- 1:05:22weapon while intoxicating and those were handed up on those
- 1:05:29were filed on February 25th, but they alleged to have been
- 1:05:34committed and I guess you were arrested on April 26th of 2024.
- 1:05:39And then three. Two and a little over two months
- 1:05:43later, you're charged with this aggravated assault.
- 1:05:49Can I have? Is this a copy for me?
- 1:05:51Or is this she got? That's right, you she got.
- 1:05:55What bothers me is handguns are your favorite thing according to
- 1:05:59these charges. The misuse of handguns is seems
- 1:06:04to be something that you make mistakes over.
- 1:06:09OK, what's? Happened since July 5th of 2024.
- 1:06:14Any other charges or less according to the this is the one
- 1:06:17that I'm need to do some follow up from this year judge.
- 1:06:21And what data do you have that you can tell me now about it?
- 1:06:25I've been looking at there's nothing in there judge, that I
- 1:06:28can share with your owner. Anyway, I apologize.
- 1:06:30I think seeing the 25 date I thought it was after the date.
- 1:06:34That's OK. That's not a problem, Mr.
- 1:06:37There's. We're smelling smoke here.
- 1:06:39We're looking for the fire. Yes, Sir.
- 1:06:41There's too much smoke. Maybe you've done something that
- 1:06:44you don't want. You've got my.
- 1:06:46Attention. close attention. OK if.
- 1:06:49We reset this for about two weeks.
- 1:06:51I believe I can have follow up on the other and we can consider
- 1:06:55the bond at that time. You know, well, it's.
- 1:06:59What I'm more? Interested in is.
- 1:07:01What we're going to do? In this case, so this case has
- 1:07:04been kind of been a stall process while he was trying to
- 1:07:10get into veterans court. He was declined.
- 1:07:13And you made an order that if he was, if that occurred, he had to
- 1:07:18hire an attorney. He's apparently done that.
- 1:07:21And it was all a trial docket in March.
- 1:07:27But we've not had an opportunity to visit with Mr. Macon about
- 1:07:30the case. When's the next?
- 1:07:32Where? When's the next setting?
- 1:07:34What are we? It wasn't.
- 1:07:34It was in March you said was the trial March was the last
- 1:07:37setting, you know, the trial docking.
- 1:07:40Well, I end it just. Rolling over to the next
- 1:07:42setting, we can do that. Chuck, that's what we're going
- 1:07:45to do and. We'll just think, try it as soon
- 1:07:47as we can. It's now getting, it's headed
- 1:07:50toward two years and he's got other issues.
- 1:07:55You know that. That's Bobby Jim.
- 1:07:59Does he have any prior convictions?
- 1:08:04See public safety link will shows.
- 1:08:11Nothing for them I'll. Be in the state of Texas, Judge,
- 1:08:15All right. Let's put this on the trial doc.
- 1:08:21I'll be in. Touch with Mr. Handy on.
- 1:08:24OK. Good, Chase.
- 1:08:27And if somebody come in, yeah, just I want to check in before
- 1:08:31he leaves. With.
- 1:08:32In the penalty box, OK, I see Jean Claude Butler.
- 1:08:37Jean Claude, What are? We doing judge we're.
- 1:08:44Waiting on some medical. Records We've issued the
- 1:08:46subpoena Ford need to get a get a reset.
- 1:08:49On that please. When did when did they get sent
- 1:08:52out? April maybe like last month.
- 1:08:58April 8th is when they were last month.
- 1:09:02Yes. What you're saying, yes.
- 1:09:07We're going on a. Year and a half.
- 1:09:08Since this thing's been indicted and now a year and a half later,
- 1:09:11then we start sending out things.
- 1:09:15No. It's time to go forward with the
- 1:09:18other We'll put on the Trump. You have the PC.
- 1:09:22I have one. In terms of my representation,
- 1:09:25it just began in February, so whatever happened before, I
- 1:09:31can't. I don't know, but I.
- 1:09:34Know who is? Who is the complainant here?
- 1:09:36What relationship is Mr. Butler to the complainant?
- 1:09:40I'm asking you. Your aunt, you know you can't
- 1:09:44have any contact. With that person.
- 1:09:46You did you go to jail? And we'd wait that out until we
- 1:09:50got to trial specifically. It's it's great.
- 1:09:58Does grandmother's sister judge OK?
- 1:10:01All right, I'll watch you. Now, under this allegation, she
- 1:10:06was 80. 3. 83 years of age? 83 years of age?
- 1:10:12Yes, Sir. When is that?
- 1:10:1483 years of age I believe. That.
- 1:10:19She hit. Herself.
- 1:10:20No, that he may have been in a postdictal state from seizure.
- 1:10:27Everyone has been wrong. Well I don't know about that but
- 1:10:31I apparently 100 bucks for very Jesus sis.
- 1:10:42The assault is on video. Yes, Sir, says the person was
- 1:10:49not only elderly but also disabled.
- 1:10:51It shows dementia. We've been dealing with this.
- 1:10:53Someone who's got her medical power.
- 1:10:57All right. OK, so today what is it put?
- 1:11:02It on the travel. And because of the nature of
- 1:11:07this. Accelerated.
- 1:11:09I want it. In the next.
- 1:11:10Month or two. Please.
- 1:11:12And we'll put it first. Get it?
- 1:11:15Resound Taylor Nephal. Give her 7th.
- 1:11:21Taylor Neville. You can.
- 1:11:24Judge on this, Neville, we've engaged the state and some
- 1:11:28discussion. I've been What are we doing
- 1:11:30today? That's all.
- 1:11:32Need to reset judgement. OK.
- 1:11:36Until when and why? 30 days to discuss with my
- 1:11:41client though the essentially the last or best dates offer.
- 1:11:46OK, four weeks, you guys anybody were we how we doing on
- 1:11:57probation, we got to go into a trial all?
- 1:12:00Right. We'll keep an eye on Judge
- 1:12:01Stevens Court. Let's go back across the hallway
- 1:12:03to Judge W They seem to be actually ready to do some
- 1:12:07business now. Jermaine Gibson, senior and Mr.
- 1:12:12Gibson's has four cases set for trial to begin with jury
- 1:12:15selection next Monday. And what is the announcement?
- 1:12:18No, no, we're going to ask for a little bit more time.
- 1:12:20We got supplemental evidence, a notification of it and then a
- 1:12:24notification if you get up yesterday evening.
- 1:12:26So I haven't even had a chance to review what the supplemental
- 1:12:29evidence is. It all came in from the DNA from
- 1:12:32the DPS lab. Concerning the DNA stuff, it's
- 1:12:35their lab notes and everything that we're now required to give
- 1:12:40defense of. It just came in.
- 1:12:42So we can. Turn it over as soon as we.
- 1:12:43Got it. Judging.
- 1:12:45Obviously that's important for miss delays to go over and go
- 1:12:49over with you before we go to trial.
- 1:12:51Is it lengthy? Is it?
- 1:12:52It was on a jump drive. I haven't even had a chance to
- 1:12:55look at it yet. And I haven't even picked it up
- 1:12:56yet. Right.
- 1:12:57Well, I guess my question, my concern is if it's, is it you've
- 1:13:03already received results? Yes, ma'am.
- 1:13:06So it's not new results, it's just their notes and things like
- 1:13:10that. All of their.
- 1:13:13Right. Everything that's.
- 1:13:15Required to be. But there's no change in having
- 1:13:18the new testing, new results or anything like that.
- 1:13:21So what I'd like to go ahead and do is unless I want you to get
- 1:13:25it, take a look at it today, I'd like to go ahead and number the
- 1:13:29case. Obviously, if we can.
- 1:13:32And there's some others that are potentially going to go above it
- 1:13:37anyway. But I don't want to just reset
- 1:13:39it today based on that or take a look at it because if it's not
- 1:13:42really new results, it's just kind of how they got there, then
- 1:13:46let me know if you need some more time.
- 1:13:48But otherwise, I'll number the case.
- 1:13:49OK, sounds good and state ready as well.
- 1:13:53OK, All right. And has there been any change?
- 1:13:55It looks like the last rejection was for 15 years and the two AG
- 1:14:01cases with dismissals in the others, is that correct?
- 1:14:05No change on any type of want to take any plea agreement,
- 1:14:08Correct. All right.
- 1:14:09I'll number the case. Then again if there's something
- 1:14:11in there that looks like it's going to take more time then
- 1:14:14just let me know. Otherwise I'll no problem.
- 1:14:16Does that mean that we're going to keep the same date next week?
- 1:14:18Yes, but I have several cases set for each week, it's not just
- 1:14:23one. And So what we do is we have a
- 1:14:25pre trial, some places, some cases do need to be reset.
- 1:14:30And then the ones that I have left after docket today, I will
- 1:14:33put them in a trial order based on the nature of the case,
- 1:14:35whether the defendant's in custody or not, how old it is
- 1:14:39and things like that. So I'll set that trial order as
- 1:14:41soon as we're done with docket today that.
- 1:14:44Time is not the time that we'll be able that I'll be able to see
- 1:14:46exactly what everything they have against me.
- 1:14:49Well, in trial misdelays should have go over but.
- 1:14:52We're going to go through. Yeah, she'll be out there and
- 1:14:55show you everything they have. If something that based on what
- 1:15:00you show him, you need to let me know immediately.
- 1:15:04All right, Well, she's. I'm going to ask Miss Elijah if
- 1:15:06you'll get out there quickly. All that should have been gone
- 1:15:09over everything before. Really.
- 1:15:10It was put on the trial docket. So if you get out there, I need
- 1:15:12to know that. Yes.
- 1:15:14OK. Thank you.
- 1:15:15Thank you, ma'am. Yes, Mr. Lewis, on Paulo
- 1:15:21Dominguez, 2 cases. Good morning.
- 1:15:25Are you Paulo Dominguez? Yes, ma'am.
- 1:15:29Paulo Dominguez, server Second. I'm here to Goodman.
- 1:15:32OK, so this is clause numbers 25, DCCR 0764 and 2240372.
- 1:15:42I'm going to take judicial notice of the court's files.
- 1:15:45In each of those cases, Mr. Dominguez was evaluated for
- 1:15:49competency to stand trial by Doctor Hamza.
- 1:15:53I've received that report dated April 8th of 2026.
- 1:15:57The finding in that report is that Mister Dominguez is
- 1:16:01currently not competent to stand trial and that inpatient
- 1:16:06treatment for competency restoration would be warranted.
- 1:16:09Is there any other evidence with regard to competency?
- 1:16:15So at this time, in each case, I'm going to find that Mister
- 1:16:18Dominguez is currently not competent to stay in trial.
- 1:16:21That inpatient restoration program would be called for and
- 1:16:26ordered that he be placed in the appropriate competency
- 1:16:31restoration facility for a period of not to exceed 120 days
- 1:16:34from the day he gets to that facility.
- 1:16:36And then we will await their report.
- 1:16:40Also have a note that the state was going to either amend.
- 1:16:45Yes, Jeff, we have to amend the indictment.
- 1:16:48It's not done yet. We were just going to strike
- 1:16:51language. In both cases, I have a notation
- 1:16:53that you guys were going to file an amendment.
- 1:16:58I was just going to hold the amendment.
- 1:17:00I mean, let's do this since I've since he's not competent.
- 1:17:03If you can get something filed that would be cleaner for the
- 1:17:05file. And if you'll explain, Mr. Mr.
- 1:17:10Dominguez, we're going to send you to a hospital so that you
- 1:17:13can get better, so when you can understand everything, and then
- 1:17:16we'll get you back in court after that.
- 1:17:21Mr. Parker, you have Justice Lewis.
- 1:17:24Justice Lewis, good morning. Thank you.
- 1:17:27Good morning, ma'am. Are you Justice Joanna Lewis And
- 1:17:30Miss Lewis Best? You can raise your right hand.
- 1:17:31Please. Do you swear or affirm?
- 1:17:33The testimony you're going to give in this hearing will be the
- 1:17:35truth, the whole truth, and nothing but the truth.
- 1:17:38Thank you. You can put your hand down.
- 1:17:39Mr. Parker, will your client wave the formal reading of the
- 1:17:41motion? Miss Lewis and clause #24 DCCR
- 1:17:460766. I have a motion to revoke your
- 1:17:49unadjudicated probation shows that you were placed on
- 1:17:51probation September 30th of 2024 for the offense of aggravated
- 1:17:57assault with a deadly weapon, a second degree felony, and that
- 1:17:59was a five year deferred probation.
- 1:18:01Is that correct? The motion alleges that you
- 1:18:04violated your probation. Count 1 alleges that you failed
- 1:18:08to report as directed to the Probation Department January,
- 1:18:12February, March, June, July and August of 2025 and is that true
- 1:18:19or not true? True or not true?
- 1:18:21Thank you. Count 2 alleges that you failed
- 1:18:24to provide verification and performing the community service
- 1:18:27hours as directed. Is that true or not true?
- 1:18:29Count 3 alleges that you failed to enroll in services at Spindle
- 1:18:33Top as you were ordered. Is that true or not true?
- 1:18:37And then count 4, OK, we'll talk about what happened after.
- 1:18:43So count 4 alleges that you're behind in your court assessed
- 1:18:45fees and is that true or not true?
- 1:18:47He gave. Me opportunities, OK.
- 1:18:51So did you enter your place of truth accounts 123 and 4 freely
- 1:18:56and voluntarily? And did you plead true to those
- 1:18:58counts because they're actually true, Right.
- 1:19:01Then I'm going to find that you entered your place of truth
- 1:19:02accounts one through 4 freely and voluntarily.
- 1:19:05Is there any evidence that Miss Lewis is not competent?
- 1:19:09Find, find those counts true. Find sufficient evidence to find
- 1:19:13you guilty and revoke your probation.
- 1:19:14I'm not going to do that today. I'm going to reset your case for
- 1:19:17sentencing and ask the Probation department to do an updated
- 1:19:20report that'll give me more information about you and what's
- 1:19:24been going on with your case, and then we'll come back later
- 1:19:27for sentencing. Anything that you think's
- 1:19:29important for me to know, talk to Mr. Parker about that and
- 1:19:32he'll present it to me on your behalf when we come back.
- 1:19:34OK. All right.
- 1:19:35And go back with the bailiffs, Mr. Parker on Mercedes Saez to
- 1:19:40sentencing. Good morning, ma'am.
- 1:19:43You're a Mercedes Saez and this is 1829442 and Miss Science is
- 1:19:50on probation for driving while intoxicated with a child under
- 1:19:5415 from January 7th of 2019. And it looks like she was
- 1:20:00previously here and her police have Trude accounts 1-2 and
- 1:20:03three, I've received an updated report.
- 1:20:07Has everyone had an opportunity to review that report?
- 1:20:10Yes. Any additions or corrections?
- 1:20:12No. So the the probation actually it
- 1:20:17would have expired January 6th of this year and the motion is
- 1:20:21what kept it open. Looks like the defendant is
- 1:20:25receives monthly disability and so had issues obviously paying
- 1:20:29and finding employment which are the main allegations.
- 1:20:33And so I guess Mr. Smith looks like the probation has really
- 1:20:38one of two ideas for us. What are your thoughts on that
- 1:20:42I? Mean.
- 1:20:45I understand the situation, she was given every opportunity and
- 1:20:49I just don't think probation is. Well, it's either to revoke her
- 1:20:54or to just let it. I guess I let the cat case to
- 1:20:59close because primarily it's the fees and the inability.
- 1:21:03Everything else has been OK with regard to probation.
- 1:21:07Other than that, I don't know that I would be able to make
- 1:21:10those findings that she could have paid.
- 1:21:13Well, I will help just in addition to that judge, she, she
- 1:21:16is part of the, she's had jobs and she can't keep them because
- 1:21:18she has seizures. And that was part and that was
- 1:21:21part of her problem with that. You know, she can't keep the job
- 1:21:24because of her health condition and she can't make it to work.
- 1:21:27Well, she can't pay and that's pretty much it.
- 1:21:30She's told me she's about the seizures for a long time.
- 1:21:32And right, so I mean based on the Probation department's
- 1:21:37recommendations and summary here with regard to really kind of an
- 1:21:42inability to pay and inability at times to find employment, I
- 1:21:46don't know that I would be able to legally find that she could
- 1:21:48pay anyway. And so at this time, what I am
- 1:21:50going to do, Miss Sias, is allow your case to close with fees
- 1:21:55owed. That means your probation will
- 1:21:57be over. All right.
- 1:21:58You've done everything else it looks like that you're supposed
- 1:22:00to do. So I appreciate that.
- 1:22:03And it looks like for the most part, you've done very well.
- 1:22:06And the issues that cause this case aren't what the issues are
- 1:22:10now. It's just paying and employment.
- 1:22:12So your case is over. All right.
- 1:22:14Good luck to you, ma'am. Thank.
- 1:22:16You. Judge delays on Ariberto Chavez.
- 1:22:20OK, never mind. Never mind on that one.
- 1:22:23But she asked me to text from her case.
- 1:22:25That's fine. I'll.
- 1:22:26I'll hold it while she's taking care of some of that.
- 1:22:28Thank you, Mr. All. Righty friends creeping up on on
- 1:22:33the start of our three already we're power 47 into this time is
- 1:22:40flying this morning. But good morning to you TCF live
- 1:22:44on Cinco de Mayo. Let's let's go back down to
- 1:22:48Florida. Judge Mercer said he had a
- 1:22:50couple of other cases and he restarted his his stream.
- 1:22:55So let's check those out. T And let me make sure we've got
- 1:22:59Mr. Mitchell. He is with us.
- 1:23:00So Mr. Martin, it looks like you're here.
- 1:23:02In this case, you entered a plea of no contest, the charge of no
- 1:23:06valid driver's license back on March 6th.
- 1:23:08It looks like I sent you the 10 days in jail or $400.00 fine.
- 1:23:12That final is going to be lower to 300 if you got a driver's
- 1:23:14license before the due date, which was yesterday.
- 1:23:19So you can pay $300 or you could come in today and ask for an
- 1:23:22extension if you needed one. So my first question I ask
- 1:23:26everyone, Mr. Martin is in the two months you've had, have you
- 1:23:30been able to pay anything towards this court cost and
- 1:23:32fine? No, Sir.
- 1:23:33It's been Hector trying to look for a job and plus my aunt just
- 1:23:36died. I was in Fort Walton for that.
- 1:23:39And it's just I'm just trying to find a job and I just got 1.
- 1:23:44I actually start today at 1:00. You were not working when you
- 1:23:48came to court and played then. No, Sir, I was not.
- 1:23:51OK, So what are what are you asking me to do, Mr. Mark?
- 1:23:54I'm just. Wondering if you can give me at
- 1:23:56least 10 days? In 10 days I'll have it to be
- 1:23:58paid, maybe even before then. Tell me what's going to change
- 1:24:01if I give you 10 days. How's that going to change
- 1:24:03things? I'm going to pay the court.
- 1:24:05Bond. How are you going to get the
- 1:24:06money though to pay it in 10 days?
- 1:24:08Job they told my job holds a week back on money my check so
- 1:24:13as soon as I get they hold a week back I work that and then
- 1:24:16I'll be able to pay the. So you think you're going to get
- 1:24:19a check within if they hold a week back?
- 1:24:21How you going to get a check within 10 days?
- 1:24:22When's your first paycheck? Yeah, no, my bad.
- 1:24:26They're going to hold a week back, so I'm.
- 1:24:28Yeah. So it would be 20 days then.
- 1:24:30My bad. OK, So what I'm going to do in
- 1:24:33your case, Mr. Martin, is Mr. Mitchell.
- 1:24:35What's the state's position? We have no objection to an
- 1:24:39extension. I know you were throwing around
- 1:24:4210 or 20 days, maybe 15 days or something like that.
- 1:24:46Well, I want to give him enough time.
- 1:24:47My plan is to give him enough time to do it or do community
- 1:24:50service. And I'm not going to give
- 1:24:51another extension if he either pays it or does community
- 1:24:53service, I'm fine with that. But if he comes up having done
- 1:24:56nothing again, it's too late to get your, it's too late to get
- 1:24:59your driver's license. You didn't get your driver's
- 1:25:00license either, right? So you forget about that.
- 1:25:02The saving the $100 is gone because you had to do that one
- 1:25:04in 60 days. So what?
- 1:25:05I'm going to give you a 30 day extension for it to come back to
- 1:25:09court down the closest court date to 30 days from now.
- 1:25:15You just go to the 5th of June. Is that on a weekday?
- 1:25:18OK, so we're going to make it June 4th.
- 1:25:22It'll be due June 4th $400.00 or be in court June 5th to start
- 1:25:27your 10 day sentence. It also my bad.
- 1:25:30It's OK. It also got me in a pickle
- 1:25:33because I didn't have my Social Security card, so I had to wait
- 1:25:36that two weeks for them to process all that and get in my
- 1:25:40car. But I just got my security card
- 1:25:41and my everything I just got into the system up there.
- 1:25:44I start today at 1:00 we're. Going to give you an amended
- 1:25:46disposition with the June 4th and June 5th date.
- 1:25:50If you get it paid by June 4th, great.
- 1:25:52If you don't need to be back in court June 5th at 8:30 to start
- 1:25:55your 10 HL sentence. What were you saying Don?
- 1:25:58I just wanted to be in the court file.
- 1:26:00So whichever is easiest for you. It's easier just to do a notice.
- 1:26:02That's fine, as long as the court file reflects that.
- 1:26:06So Mr. Mark, we're going to give you that notice, Sir.
- 1:26:07We'll give you a copy of that. We'll get you out of here.
- 1:26:09Thank you, Joe so much. Yes, Sir, yes, 400 is the same
- 1:26:14amount he was originally ordered two months ago.
- 1:26:16If you don't pay it and you don't show up, then that's when
- 1:26:19the war will be issued for your arrest.
- 1:26:20We're going to give you the community service form also, so
- 1:26:23you'll have that option. If you prefer to do community
- 1:26:25service at the rate of $15.00 an hour, that's fine too.
- 1:26:28That'll be 27 hours. So, Mr. Martin to step over
- 1:26:32here, if you will, Megan Lanham. Mr. Mitchell, I believe Miss
- 1:26:36Lanham is a similar situation. She's on her way up.
- 1:26:39This is case 26-70 CT. She appeared before me back on
- 1:26:44March 2nd. Charge of driving license
- 1:26:46suspended or revoked. Knowingly sentenced to 10 days
- 1:26:49in jail or $300 fine because she did not have a public defender
- 1:26:53fee, apparently should get to file a driver's license.
- 1:26:56It'd be reduced to $200. And that was two months ago.
- 1:26:59So, Miss Lanham, tell me what have you paid?
- 1:27:02Anything at all towards this? No Sir, I got fired from my job
- 1:27:05probably a week or two after I came to court for not being able
- 1:27:09to work on Sundays because my kids.
- 1:27:11OK, so I I'm sorry they were talking at the same time.
- 1:27:13Say that again. I got fired from my job probably
- 1:27:15a week or two after I came to court because I couldn't work on
- 1:27:19Sundays for my kids. OK.
- 1:27:21So you haven't paid anything at all?
- 1:27:24Did you get a driver's license? No, Sir.
- 1:27:26OK, So what are you asking for? I do need an extension.
- 1:27:29I'm supposed to be starting work on the 25th.
- 1:27:31I was able to find another job. The 25th of May.
- 1:27:34Yes, Sir. OK, so I'm a Mr. Mitchell
- 1:27:37State's position. We have no objection to an
- 1:27:40extension. We're.
- 1:27:42Going to do the same thing we did in the last case, that's
- 1:27:44going to give you an extension of approximately 30 days.
- 1:27:50You also get the opportunity to the community service.
- 1:27:54There will not be another extension either do the
- 1:27:56community service. If you don't start a job until
- 1:27:58the 20 something, you almost got to do the community service
- 1:28:00because I only think you have time to get to get get it paid.
- 1:28:02Yes, Sir. So either do the community
- 1:28:05service or get it paid by this court date or be in court the
- 1:28:07next day, which I'm going to give you to start your 10 day
- 1:28:10jail sentence. Exact same disposition.
- 1:28:12If you don't, if you don't show up, you don't get it paid, don't
- 1:28:16show proof of community service, then there'll be a warrant
- 1:28:18issued for your arrest and there'll be a 10 day jail
- 1:28:20sentence, which you will do eventually.
- 1:28:21Yes, Sir, Hers will be fewer hours.
- 1:28:24You're right, because it's, yeah, 20 hours of community
- 1:28:28service. We're going to give you that
- 1:28:29disposition, ma'am. But that that new notice for the
- 1:28:32new court date, of course, if you get it paid, get the
- 1:28:34community service turned in, you don't have to come to court.
- 1:28:36Yes, Sir, do. You have any questions?
- 1:28:38Yes, Sir. All right, ma'am, we're going to
- 1:28:39get you that paperwork in just a second.
- 1:28:43Shumar Manual. Mr. Manual's coming up in case
- 1:28:4626-41CT. Mr. Manual, the first question I
- 1:28:51have for you is you were supposed to be here at 8:30.
- 1:28:54You showed up about in the courtroom about 9:00.
- 1:28:57Yes, I was really late and you're running late.
- 1:29:00You got a Mariana address. It's not like you're coming from
- 1:29:02far away. So why are you, why are you 30
- 1:29:04minutes late for court if you live in Mariana?
- 1:29:07Accidentally woke up late as well.
- 1:29:10Had a long night as well. But I don't know.
- 1:29:16I just lost one of my family members.
- 1:29:18Miss Mercer. OK, so let me let me get this,
- 1:29:20let me get on the record where we stand.
- 1:29:21So Mr. Manuel was here on March 2nd, 60 day about two months
- 1:29:25ago, same thing, 10 days in jail.
- 1:29:27His fine was only $200 because he had a valid driver's license
- 1:29:31given 60 days to pay it, which was due yesterday or be in court
- 1:29:34today. So tell me what you mean by long
- 1:29:36night. I got to decide if I'm going to
- 1:29:37add to the fine because you're not showing up for court out of
- 1:29:40three people. You'd only want it didn't show
- 1:29:41up on time. So what would you mean when you
- 1:29:43say you had a long night last night?
- 1:29:44I mean, I just lost, lost my last night.
- 1:29:46You lost a family member. OK, That's what that's.
- 1:29:49And that was here in Jackson County.
- 1:29:51No, Sir. They live in live in Gaston
- 1:29:53County. OK.
- 1:29:54What happened? I just took on a natural passing
- 1:29:56or they die in an accident or something.
- 1:29:58Yeah. So accident.
- 1:29:59OK, I'm sorry to hear that. That's understandable if you've
- 1:30:01been late. So let's talk about have you got
- 1:30:04anything paid towards this $200? You've had the two months to do
- 1:30:07it? No, Sir, I haven't.
- 1:30:08I just got started with a job. I'm supposed to start Thursday.
- 1:30:14The note in the system say that you called last week or
- 1:30:17yesterday. Someone called on your behalf of
- 1:30:20yesterday. It says she, so I'm assuming it
- 1:30:22was this young lady with you. That's where the note in the
- 1:30:24system says you've got $100.00 of it.
- 1:30:26OK, That's helpful. Because that cuts it in half.
- 1:30:28It gets it down. So you can pay $100 today to to
- 1:30:31get this, to cut this number in half.
- 1:30:34OK And then how much time do you need, Mr. Daniel, to pay their
- 1:30:37other hundred other 10, maybe 15 days maybe if I give you the
- 1:30:42same amount of time as I gave the other two people.
- 1:30:44Can you get it done in 30 days? Yes, Sir.
- 1:30:46And you do have the $100 cash to pay today, Mr. Mitchell.
- 1:30:51No objection to the same extension, your honor.
- 1:30:55So what we're going to do is provided the $100 is paid today
- 1:30:58and the officer show you downstairs so you can get that
- 1:31:00done. Ma'am, I'm going to grab the
- 1:31:02same extension, Mr. Manuel to the to that you had already as
- 1:31:06the other individuals. That's a 30 day extension or
- 1:31:09very close to 30 days. We're going to give you a court
- 1:31:11date to come back to start attend a jail sentence.
- 1:31:13Hopefully that's never going to happen because you're going to
- 1:31:15have it paid so you don't have to come back to court.
- 1:31:17The court date is only if you need it, Mr. Manuel, and those
- 1:31:21dates again. Import.
- 1:31:24To have it paid or being pulled. On Tuesday.
- 1:31:27OK. So we're going to give you that
- 1:31:28in writing. And if you take this downstairs,
- 1:31:31they'll let you make the $100 payment, ma'am.
- 1:31:33They'll give you a receipt for that.
- 1:31:34All yours is $100.00. So you got 30 days to pay $100.
- 1:31:37I'm sorry for your loss. We'll give you the paperwork.
- 1:31:40Do you have any questions? We'll give you that paperwork,
- 1:31:43Mr. Manuel, and we'll get you out here in just a second,
- 1:31:45please. Thank you, Mr. Mitchell.
- 1:31:47That's everything I had on my docket this morning.
- 1:31:49Anything else from the State Attorney's Office?
- 1:31:52No, Your Honor, all righty friends, TCF live.
- 1:31:55It's Cinco de Mayo and we are about to enter our three of our
- 1:31:58three hour show today. Let's head back up to Michigan
- 1:32:03Judge Liam Marie Hakim, see what's going on with her today.
- 1:32:08Calling 25 RV 02361 people versus McDonald.
- 1:32:13I'm your honor, Susan Donovan, here for Mr. McDonald.
- 1:32:16Mr. McDonald, tell the judge your name, please.
- 1:32:19Bear McDonald. Thank you Judge.
- 1:32:22As far as I can tell, he just owes money on this ticket.
- 1:32:24That it looks like he paid everything and it's just a $100
- 1:32:27benchmark fee. I'm going to waive that fee and
- 1:32:28close it back. Wow.
- 1:32:29Perfect, he told me his parents were in the process of paying so
- 1:32:32they. Must have done.
- 1:32:32They're all set now. That's left $100 benchmark fee.
- 1:32:35I'm just going to waive it. Thank you, Josh.
- 1:32:37You're all. Set.
- 1:32:38Thank you so much. You're welcome.
- 1:32:43You can go out, Sir. Oh, OK.
- 1:32:48Where are you housed at? Oh, so let's get you the
- 1:32:51doctor's to check the hearing now.
- 1:32:54All right, can we have Williams next?
- 1:32:58Williams All right, so. Where are you at?
- 1:33:07Oh. I'm sorry.
- 1:33:09That's OK. Calling 19 Fr 03861 people
- 1:33:12versus Williams. Where are your answers are gonna
- 1:33:14be here for Mr. Williams. Tell the judge your name.
- 1:33:18Terrence David Williams. Thank you, Judge.
- 1:33:22He's here on this 2019 case. I don't believe he was ever
- 1:33:26arraigned on it. You.
- 1:33:27Told me that he was living in. Pennsylvania for a few years.
- 1:33:29And that's why he never he didn't know.
- 1:33:31That it was off. All right.
- 1:33:34Judge, for your information also he's been in Macomb County Jail
- 1:33:37and he had an attempt arson case he got he received 12 months in
- 1:33:42Macomb. County jail for that.
- 1:33:44And now he's able. To be released but as often.
- 1:33:47They. Found this.
- 1:33:48In the system. Forum.
- 1:33:51I'm going to cancel the warrant at this time.
- 1:33:55Where do you live, Sir? 8724 Lake St.
- 1:33:58No. What state?
- 1:34:00Michigan. You're living here now.
- 1:34:03Yeah. All right.
- 1:34:07He was arraigned. He was arraigned in June of
- 1:34:092021. He had a lot of Ftas in 2020.
- 1:34:14He was arraigned in June of 2020.
- 1:34:15So we don't need to do the arraignment.
- 1:34:16He had a bench trial date. You've been here a bunch.
- 1:34:21He eventually in January of 2021 set for a pre trial on July 20th
- 1:34:26of 2021. He failed to appear September
- 1:34:2921st of 2021. They reset him for April 19th of
- 1:34:342022, got set again for May 10th, and now we're here today.
- 1:34:39OK, I'm going to cancel the warrant on the file.
- 1:34:42Sir, I just need you to appear in court.
- 1:34:45Yes, ma'am. How are we going to make sure
- 1:34:47that happens? Now that you guys have my
- 1:34:50correct address and I'm receiving mail, I should get
- 1:34:54everything that I need, right? You should.
- 1:34:56I'm going to give you a $500 personal bond.
- 1:34:59This is a traffic banner. I'm going to set a free trial
- 1:35:02for June 2nd, 2026 at 8:30 AM on zoom.
- 1:35:07That zoom number will be on the disposition sheet when you're
- 1:35:10released from the jail. Make sure you zoom into me or
- 1:35:13appear in my second of 2026, OK? OK.
- 1:35:17Thank you, ma'am. You're all set today.
- 1:35:26Can we have Andrew White please? What?
- 1:35:31Hello. 2415289 People versus white.
- 1:35:37Susan Dodd. Mr. Mr. White, for his attorney,
- 1:35:42I mean for his arraignment this morning.
- 1:35:43Mr. White, tell the judge your name.
- 1:35:46J Andrew White. Judge, I don't believe he was
- 1:35:49ever arraigned for those purposes.
- 1:35:51We may formal reading stand new he has for a court appointed
- 1:35:54attorney in this colony. Did you talk to Miss Son today?
- 1:35:59Yes. Did she go over your rates with
- 1:36:01you? Yes.
- 1:36:03Did you understand all of those rights?
- 1:36:06Yes. Is anybody do?
- 1:36:08You have any? Questions regarding your rights?
- 1:36:11No. I'm going to enter, not.
- 1:36:13Guilty for purposes of arraignment at this time with
- 1:36:15regard to plan Kristen. Yeah, sure.
- 1:36:18So this is 20 4 Casey, in case he didn't really know anything
- 1:36:23about it, he didn't intend to ignore this matter.
- 1:36:28He has five children, and he who will.
- 1:36:34Be with. Him and his wife.
- 1:36:36He is not working right now. He's looking for a new
- 1:36:39employment. I'm asking for a personal.
- 1:36:43Bond. All right, I am going to give
- 1:36:45you a $5000 personal bond. Thank you.
- 1:36:49I'm going to set a. Probable Cause Conference of May
- 1:36:5113th, 2026 at 8:30 AM. In person with Judge Choco.
- 1:36:57It's May 13th, 2026 at 8:30 AM and then you'll have an exam
- 1:37:02date of May 20th, 2026 at 8:30 AM, also in person with Judge
- 1:37:07Joko. You're all set.
- 1:37:08Today thank. You.
- 1:37:12Alrighty friends, our three of TCF live.
- 1:37:14It's Cinco de Mayo. I hope you're all having a good
- 1:37:16day. We weren't even planning this
- 1:37:18last night, but we were looking through our refrigerator and our
- 1:37:23pantry, looking at leftovers and stuff we haven't used in a
- 1:37:26while, and we came up with some weird rice queso Mexican dish
- 1:37:30thingy that we're going to make tonight.
- 1:37:31Not even thinking it was Cinco de Mayo today, so it should be
- 1:37:34fun. But let me know what you're
- 1:37:37eating tonight. Put that in the chat.
- 1:37:38We like to talk about food here. Let's stay in Michigan, but
- 1:37:42let's go back to Judge McNally. Fresh new set of contestants
- 1:37:46there. Good morning.
- 1:37:48Your name, Sir? All.
- 1:37:51Right so just complaining witness notified victim dodge
- 1:37:56victims advocate dodge and said she did not want to proceed only
- 1:38:01witness aware of date also tried calling her twice.
- 1:38:04So they're moving to Nollie. Press this.
- 1:38:07I'll go ahead and dismiss the case.
- 1:38:09We need to cancel all the bond conditions here, Lisa.
- 1:38:14And there's no bond to return. If you are going to get a
- 1:38:17destruction of prints order, take it to the prosecutor.
- 1:38:20Just get her to approve it. If you want to hand fill it out,
- 1:38:22I'll sign it now. OK.
- 1:38:24OK. Yeah, right down at the end of
- 1:38:27the hall at the clerk's office. OK.
- 1:38:29OK. Congratulations there.
- 1:38:31Good luck to you. Thank you.
- 1:38:33Brett Norris, Brett Norris, Brett James Norris Q6W7O953-O
- 1:38:40Morning, Mr. Norris, Is there your name?
- 1:38:44Brett. Norris So did he execute a
- 1:38:47waiver of the bench trial, Lisa, are we giving them those the
- 1:38:54waivers of bench trial? Just can we?
- 1:38:57Just do a a quasi waiver just to see if she's shows up or
- 1:39:02cooperates. I think if we move it.
- 1:39:04That's why not need. It's a sleep full case.
- 1:39:07Why? Like literally she says that her
- 1:39:10sleep was. Full.
- 1:39:12I'm calling the prosecutor here, John, Lisa, out of the way.
- 1:39:17Lisa, are we giving them, are we giving them waivers of bench
- 1:39:21trial forms? Hold on one second.
- 1:39:23He's asking me a question. Yes, they are in the rooms.
- 1:39:28I need Miss Holloway and I need This is Mara.
- 1:39:32So your appearance. So Mr. Smith is here, his client
- 1:39:40is here. When they're going to request a
- 1:39:43bench trial, can you have them fill out that form, please
- 1:39:46waiver a bench trial. They should be in your in your
- 1:39:50correct. We've been we have a jury trial
- 1:39:52and then you have to make sure you have no objection.
- 1:39:55You have to tell me that on your form.
- 1:39:57No objection to bench trial. It's OK without doing it here.
- 1:40:01I'm just saying in the future doing the waiver of jury trial
- 1:40:03would help me a lot. So why are we rushing on this?
- 1:40:08Are we going to do another pre trial or what are we going to
- 1:40:11do? He's a reserve officer for
- 1:40:12Woodhaven man for here and this is Cpl. is now he also works for
- 1:40:17security. Cpl. is now been.
- 1:40:19Fact in he's. Going to lose his job once I get
- 1:40:22this thing straightened out. Given the circumstances of the
- 1:40:25facts of the case, I think an immediate best trial prosecutor
- 1:40:29will be in a position of contact and trying to get the person to
- 1:40:32come in and they don't show up. Just like the last case.
- 1:40:35What? Do you what do?
- 1:40:36You have you talked to the victim?
- 1:40:39This space, Your Honor. She just got back from.
- 1:40:42Vacation. So she just did not get a
- 1:40:45chance. I have not.
- 1:40:46No, just because I did just get back and.
- 1:40:48This was recently. And I do not recall right now
- 1:40:51if. Anybody in our office is at
- 1:40:52contact. Sir, if you waive your right to
- 1:40:54a jury trial and you're you're waiving the requirement 6 people
- 1:40:57being paid, although all six would have to agree that you're
- 1:40:59guilty beyond a reasonable doubt in order for you to be
- 1:41:01convicted. Do you understand that?
- 1:41:03Yes, I'm waiving your right to a trial by jury.
- 1:41:06You understand I will be the one who solely decide your guilt,
- 1:41:08for instance. Is that what you wish to do?
- 1:41:12Yes. Anybody force you to do that?
- 1:41:13No, Sir. All right, here's what I'm
- 1:41:15doing. I'm accepting the waiver.
- 1:41:16We're going to set a final pre trial in two weeks.
- 1:41:18That'll be May the 19th. Bench trial will follow in two
- 1:41:22weeks thereafter. What time am I doing my bench
- 1:41:25trial on whatever that would be? What would that be?
- 1:41:28The second Lisa. That would be June 2nd.
- 1:41:32Yeah, June 2nd. What time?
- 1:41:34Do you want to do the afternoon? I don't know how long it'll be.
- 1:41:37Do the final. Creation on next week.
- 1:41:38Because I have AI, have a huge exam up at 4, hearing on the
- 1:41:4119th. Well, then let's do it the 26th.
- 1:41:43I want to give them time to have the victim here.
- 1:41:45We'll do the 26th and then we'll do June 2nd.
- 1:41:49At what time do? You want to do afternoon?
- 1:41:52Yeah. Is Judge Hudson going to be done
- 1:41:55with her state docket info by then or?
- 1:41:58Yeah, right now she doesn't have anything.
- 1:42:01June 2nd at one. May 26th that.
- 1:42:04Can you make it here at 830? Yeah.
- 1:42:06May May 26th at 8:30. June 2nd at one.
- 1:42:10OK. Thanks.
- 1:42:11Have a good day. Take care.
- 1:42:13Thank you. Good luck, Sir.
- 1:42:16Oh, wait a minute. You said something about no
- 1:42:17objecting to travel. Is he leaving the state?
- 1:42:19Yeah. You're on the phone, so on the
- 1:42:22record I have no objection to the travel dates of.
- 1:42:25The defense counsel. Provided me.
- 1:42:26He also provided a confirmation. Of the flight ticket.
- 1:42:29Go where? You go to Tampa.
- 1:42:32Can leave state to go to Florida between it looks like May 10th
- 1:42:36and 16th, right? Yes, Sir.
- 1:42:38All right, good enough. I'll grant that permission, Sir.
- 1:42:40All right, you're all set. Thank you.
- 1:42:43OK. Can I have Kalicki?
- 1:42:45Nicholas Wit and Kalicki 26 W 719-5671.
- 1:42:49All right, Who do I have here? Mr. Browsing on?
- 1:42:52Yeah, they just sign in for Mr. Schwimdan so I was doing
- 1:42:55formulated and sign. Yeah, I have to wait for your
- 1:42:58lawyer. I'm sorry.
- 1:43:00Nice having you here at Council. You too.
- 1:43:03I've been watching you on. It's.
- 1:43:08Entertaining. I'm not trying to be
- 1:43:10entertained. I'm not trying to be
- 1:43:14entertaining. Believe me, if you did this,
- 1:43:17you'd be entertaining too. You follow me.
- 1:43:19I get it, all right. But it's not the intent.
- 1:43:21Where's your go? Get your lawyer and I'll get you
- 1:43:23out of here. Mr. Kolicki OK, so we're going
- 1:43:27to adjourn this, Lisa. They're going to talk to adjourn
- 1:43:303 weeks to May 19th. Oh, OK, we'll get.
- 1:43:35It and that's on Palicki. So what time do you want to do
- 1:43:39that? 1045.
- 1:43:41At 10:45. OK.
- 1:43:43Is he coming in? He didn't answer his phone.
- 1:43:46He just found very students. Miss Jenkins, have I met you
- 1:43:50talking about the? Yes, I've.
- 1:43:52Been in your court before Sir? OK, I just didn't remember I've
- 1:43:56been off the state docket for so long, for four months.
- 1:43:59OK. I'm trying to get re acclimated
- 1:44:01here. Good to have you here.
- 1:44:02Thank you. Thank you.
- 1:44:03Thank you. It's good to be here.
- 1:44:05Corporal Japaniac, do you have a case here?
- 1:44:08What? I'm not sure what you're waiting
- 1:44:09on. You've been on there all morning
- 1:44:12to see your lawyer. All right, just have a seat.
- 1:44:14We'll, we'll go off record here, OK.
- 1:44:18All righty, friends. Well, he's off record.
- 1:44:20Let's move along our channel's promise of 9 to 11% more.
- 1:44:24Judge Boyd. Let's go there I.
- 1:44:29Think Paul. Good morning.
- 1:44:37I'm doing great. How are you doing?
- 1:44:38Thank you. Thank you.
- 1:44:40All right. So I think we've come up with a
- 1:44:44plan to help you. And when I say we, I mean
- 1:44:47probation, your attorney and all of the medical personnel.
- 1:44:51So there's a couple of things that your attorney is going to
- 1:44:53want to go over with you today. And if you can talk to him about
- 1:44:58the information they're requesting, his brother may or
- 1:45:00may not have access to that or may have it because I think his
- 1:45:04brother may be his guardian, I'm not 100% sure.
- 1:45:08And so he may have that information I can check judge
- 1:45:12and if not I will contact the liaison and maybe you would just
- 1:45:16have this to see what we can do and.
- 1:45:17Hopefully we'll see. 3rd and phone.
- 1:45:19Back so I was trying to see if she's ever screened someone in
- 1:45:21class. And then we'd.
- 1:45:23Also have to check with us for you and see if Mr. Kane can be
- 1:45:25transported directly we. Can't be transported his.
- 1:45:29Brother or but. I feel we.
- 1:45:36OK. And then I don't know if the
- 1:45:39jail did any type of assessments, but.
- 1:45:44I think the. The most current and the one
- 1:45:46that they would want as it's asking for daily updates with
- 1:45:49the UHS to say the one giving him medication.
- 1:45:53All right, So maybe we'll try something, get some.
- 1:45:56OK. All right, Awesome.
- 1:45:58I'll check this. Oh, thank you.
- 1:46:00Well, thank you. And you're looking better, too.
- 1:46:05We're going to try to get you out as quickly as possible.
- 1:46:07OK. All right.
- 1:46:09All right. Thank you, Sir.
- 1:46:11I'll look in the I'll look in the probation file to see what
- 1:46:15we have, but. There are certain medical
- 1:46:25medical things that I would not be able to release unless I had
- 1:46:29some type of subpoena or court shoulders.
- 1:46:32OK. I'll do a court charter.
- 1:46:34I'll do that right now. Thank you.
- 1:46:36And then you'll get the release. So let me do that right now.
- 1:46:42All right? Thank you.
- 1:46:45All. Right, Mr. Sealoff, Are you
- 1:46:51ready? Yes, your Honor, we're ready.
- 1:46:54He wants to make an announcement to the court.
- 1:46:57All right, and what's your client's name?
- 1:47:00Eric Guzman. He has two charges, possession
- 1:47:05by a felon in a short. Case.
- 1:47:08All right, Yes, all right. If you want to hire an attorney,
- 1:47:13then Miss Ferguson set this in 30 days.
- 1:47:18Mr. Seedloff, you're still the attorney.
- 1:47:20I understand. I see how this one.
- 1:47:21I gave him a card of Mr. Young. He is very good.
- 1:47:25And. So.
- 1:47:26Hopefully he can make some arrangements with him.
- 1:47:28Right. What date Miss Ferguson?
- 1:47:30June 4th. June 4th I don't need any
- 1:47:33further notification, right? I guess.
- 1:47:36All right, thank you. All right, thank you.
- 1:47:37Thank you. Go back.
- 1:47:41Oh, you're only sorry? Yes.
- 1:48:02All right, we'll check back there at some point perhaps, but
- 1:48:06let's go back to Judge McNally. They got a new contestant lined
- 1:48:10up, now we need to. Exercise.
- 1:48:12Your name, Sir? To make a list, call again.
- 1:48:15We're adjourning this two weeks to May 19th, 10:45.
- 1:48:19That's what you want, right? Yes, Judge.
- 1:48:20And may we approach? The bench may have stopped us
- 1:48:22tomorrow. Have an issue?
- 1:48:24Even though we don't think it'd. Be your way significant.
- 1:48:27Issue. I don't.
- 1:48:28Think it is an issue nonetheless.
- 1:48:30I don't have an issue I'm. Sorry behind you.
- 1:48:32I'm sorry. So I was talking.
- 1:48:35If you can. Just want to go just this.
- 1:48:37Well. She.
- 1:48:38Had a case since. When she leave that we presented
- 1:48:40her and. And she's.
- 1:48:46Not. Fit to be an issue, I wouldn't
- 1:48:49have a problem. No, I.
- 1:48:53Don't even know. I just want to let you know she
- 1:48:55felt compelled. I didn't think it was an issue
- 1:48:58anyway. OK, that's OK.
- 1:49:01OK, thank you. All right.
- 1:49:03So. We're going to join this to May
- 1:49:0419th it to 1045. OK, Thank you.
- 1:49:07Go down the hall, get your notice.
- 1:49:09Thank you very much. Have a good day.
- 1:49:10Thank you. And you have another one or two
- 1:49:13for me, Mr. One more judge. Yes.
- 1:49:15OK, I'll wait here if you want. Is that the last one?
- 1:49:19Then Judge will be the last one. Take your break.
- 1:49:22It's going to take. Several minutes.
- 1:49:23Take a break, yeah? Whatever you want to do.
- 1:49:26Thanks, I appreciate it, Miss Grazian.
- 1:49:29Even though you don't need my permission.
- 1:49:30Jack. All righty.
- 1:49:33Well, that was quick. Let's go back down to Texas.
- 1:49:38Judge W I'll. E-mail you.
- 1:49:41Thank you. Good morning, Sir.
- 1:49:43You Nevada Bates and Will your client with the formal reading
- 1:49:46of the indictment. Yes, ma'am.
- 1:49:48Mr. Bates in cost #25 DCCR 0834, you're charged with a first
- 1:49:53degree felony offense of aggravated robbery from May 16th
- 1:49:57of 2025. And how do you plead to that
- 1:49:59charge? Guilty.
- 1:50:01Are you pleading guilty freely and voluntarily, and are you
- 1:50:05pleading guilty because you actually did what they've
- 1:50:07charged you with? I have here on the tablet some
- 1:50:10documents that have your signature on them.
- 1:50:12But the State's marks exhibit #1 before you sign these, did you
- 1:50:16go over them with Mr. Bradford, the papers on the on the tablet?
- 1:50:20And do you fully understand those papers?
- 1:50:23And do you understand if I follow the agreement that you've
- 1:50:26made with the District Attorney that you'll be waiving or giving
- 1:50:29up any right to appeal? Do you also understand, if
- 1:50:33you're not AUS citizen, that a plea of guilty or no contest may
- 1:50:36result in your deportation, exclusion from admission to the
- 1:50:39country, or denial of naturalization under federal
- 1:50:42law? Do you understand that as well?
- 1:50:44State tenders #1 no objections. It's admitted.
- 1:50:47Is there any evidence that Mister Bates is not competent?
- 1:50:49No, ma'am. All right, Sir, I'm going to
- 1:50:51find that you entered your plea of guilty freely and
- 1:50:53voluntarily. Find that you're mentally
- 1:50:55competent and you understand the nature and the consequences of
- 1:50:58your plea. Find sufficient evidence to find
- 1:51:01you guilty and at this time finds you guilty of the first
- 1:51:03degree felony offense of aggravated robbery.
- 1:51:06Sentence you in accordance with your agreement to a term of 18
- 1:51:09years in the institutional division of the Texas Department
- 1:51:12of Corrections. You will receive credit on that
- 1:51:15sentence for any time that you've been in custody that the
- 1:51:17law gives you the right to receive.
- 1:51:19I am making an affirmative finding of a deadly weapon.
- 1:51:23I'm handing you now the trial court certification.
- 1:51:26This shows that this was an agreement that I followed and so
- 1:51:29you've waived your right to appeal.
- 1:51:31I've also handed you a written admonishment regarding your
- 1:51:34ineligibility to possess a firearm or ammunition.
- 1:51:38Because of the judgment entered against you, you're ineligible
- 1:51:41under Texas law to possess a firearm or or ammunition.
- 1:51:45Possession of a firearm or ammunition could lead to charges
- 1:51:47against you. If you have questions about the
- 1:51:50laws that make you ineligible to possess a firearm or ammunition,
- 1:51:54or about how long that lasts, you can talk to Mr. Radford.
- 1:51:57And I'm going to sign a dismissal in clause #25 DCCR
- 1:52:011698 as part of that agreement. All right.
- 1:52:03Good luck to you, Sir. You go back with the payload.
- 1:52:06Thank you, Sticky. I just found another one.
- 1:52:11Mr. Nichols. Mr. Burbank has a Raul Karina.
- 1:52:15We didn't bring him over. Mr. Burbank is still in trial,
- 1:52:18correct. And he announced that he can be
- 1:52:20ready if it is set at the top. And what is your announcement?
- 1:52:25Understanding that Mister has been in trial.
- 1:52:28And court has other stuff. It's a kid case in custody, so
- 1:52:32it might be up there. We'll see.
- 1:52:34They've got to be close over there, I would think, but we'll
- 1:52:37see. Do something else.
- 1:52:40Danny Johnson. Danny got it.
- 1:52:42Danny Johnson. What's your names?
- 1:52:47That's right. I already forgot.
- 1:52:48It's been 2-4 minutes. Good morning.
- 1:52:51Are you Danny Johnson and Mr. Parker?
- 1:52:54Will your client waive the formal reading of the
- 1:52:56indictment? Mr. Johnson and cause #26 DCCR
- 1:53:000097 the state has elected to proceed on the lesser included
- 1:53:04offense of a second degree felony of robbery and that's
- 1:53:08from October 23rd of 2025. And how do you plead to that
- 1:53:12charge? And are you pleading guilty
- 1:53:15freely that I. Didn't I don't know if I lesser
- 1:53:18included. I said that.
- 1:53:19I'm sorry, I didn't know if I heard it.
- 1:53:21Apologize. Did I say it?
- 1:53:23I said it. Yeah, you said it.
- 1:53:24OK. Thank you.
- 1:53:26OK. He's paying attention.
- 1:53:28Sorry. And are you pleading guilty
- 1:53:30freely and voluntarily to the lesser included offensive
- 1:53:33robbery? Yes, ma'am.
- 1:53:34And are you pleading guilty because you actually did what
- 1:53:36they charged you with? Yes, ma'am.
- 1:53:38I have here on the tablet some documents that have your
- 1:53:40signature on them that the state has marked as exhibit #1.
- 1:53:44Before you sign these, did you go over them with Mr. Parker?
- 1:53:48Do you fully understand them? And do you understand if I
- 1:53:51follow the agreement that you've made with the District Attorney
- 1:53:54that you'll be waiting or giving up any right to appeal?
- 1:53:57Yes, ma'am. Do you also understand if you're
- 1:53:59not AUS citizen, that a plea of guilty or no contest may result
- 1:54:02in your deportation, exclusion from admission to the country,
- 1:54:06or denial of naturalization under federal?
- 1:54:08Law. Yes, ma'am.
- 1:54:09State tenders #1 No. Objection.
- 1:54:11It's admitted. Is there any evidence that
- 1:54:12Mister Johnson's not competent? All right, Sir, I'm going to
- 1:54:16find that you entered your plea of guilty freely and
- 1:54:18voluntarily. Find that you're mentally
- 1:54:20competent and you understand the nature and the consequences of
- 1:54:23your plea. Find sufficient evidence to find
- 1:54:26you guilty and at this time find you guilty of the second degree
- 1:54:28felony offensive robbery sentence.
- 1:54:30You in accordance with your agreement to a term of 10 years
- 1:54:33in the Institutional Division of the Texas Department of
- 1:54:36Corrections, you will receive credit on that sentence for any
- 1:54:39time that you've been in custody that the law gives you the right
- 1:54:42to receive. There will be an affirmative
- 1:54:44finding of a deadly weapon. It's a knife.
- 1:54:48And also I'm handing you the trial court certification that
- 1:54:51shows this was an agreement that I followed.
- 1:54:53And so you've waived your right to appeal.
- 1:54:56I have also handed you a written admonishment regarding your
- 1:54:58ineligibility to possess a firearm or ammunition.
- 1:55:02Because of the judgment entered against you, you're ineligible
- 1:55:04under Texas law to possess a firearm or ammunition.
- 1:55:08Possession of a firearm or ammunition could lead to charges
- 1:55:10against you. If you have questions about the
- 1:55:13laws that make you ineligible to possess a firearm or ammunition,
- 1:55:16or about how long that lasts, you can talk with Mr. Parker.
- 1:55:19Good luck to you, Sir. You can.
- 1:55:20Go back with the baby. See you all, everyone.
- 1:55:23So Speaking of armed robbery, join us for sidebar tonight
- 1:55:27right here on this channel, 8:00 PM Eastern, 5:00 PM Pacific.
- 1:55:30We're going to discuss the idea that somebody can be guilty of
- 1:55:35armed robbery without actually having something like a gun.
- 1:55:40So that should be fun. Join us there again right here
- 1:55:42on this channel, 8:00 PM Eastern, 5:00 PM Pacific
- 1:55:44tonight. Let's go back to Judge Boyd all.
- 1:55:50Right court is calling 2020 CR 7507 state versus Desiree Garza.
- 1:55:56Can I have parties announced? Derek M is from Miss Garza.
- 1:55:59And are you Miss Garza, all right?
- 1:56:01Did you review the document entitled Motion to enter
- 1:56:03Adjudication of Guilt and revoke community supervision with your
- 1:56:06attorney? Did you understand it?
- 1:56:08Are you the same Desiree Garza who's placed on deferred
- 1:56:10adjudication in 2020 CR 7507 for the offensive possession of a
- 1:56:16controlled substance penalty group 1/4 to 200 grams on May
- 1:56:204th, 2021 for a period of six years.
- 1:56:22Is that you all right State? Violated can do.
- 1:56:25On or about the 22nd day of August 2025 in Bear County,
- 1:56:30Texas, Desiree Garza did then and there failed to submit to
- 1:56:34Drug Tech Court, Court office officer and or a duly authorized
- 1:56:38agent of the court in violation. How do you preach that true or
- 1:56:40not true? Violated condition #2 Honor
- 1:56:44about the 18th day of November, 2025, in Bear County, Texas.
- 1:56:48The defendant Desiree Garza did then and there failed is to drug
- 1:56:52testing as directed by the court court officer, supervision
- 1:56:55officer or and or a duly authorized agent of the court in
- 1:56:59violation too. How do you plead to that true or
- 1:57:00not true? Violated condition #2 On or
- 1:57:04about the 9th day of December, 2025, in Bear County, Texas, the
- 1:57:08defendant, Desiree Garza did them in there.
- 1:57:10Fail to submit drug testing as directed by the court court
- 1:57:14officer, supervision officer and or do the authorized agent of
- 1:57:17the court and violators. Are you pleased to that sure or
- 1:57:20not sure? And finally violated condition
- 1:57:22#2 on there about the 30th day of January, 2026, in Bay County,
- 1:57:27Texas. The defendant Desiree Garza did
- 1:57:29then and there failed to submit drug testes as directed by the
- 1:57:32court Court officer, supervision officer and or is the authorized
- 1:57:36agent of the court in violation too?
- 1:57:38How do you plead to that? State will waiver me.
- 1:57:40Any objection to the waivers? No objections.
- 1:57:43All right. And that's four number twos.
- 1:57:47All right. Did you understand by pleading
- 1:57:48true to violations 222 and two, the court can find it true.
- 1:57:52Grant the motion, find your guilty and sentence you up to 20
- 1:57:54years in prison and up to $10,000 fine.
- 1:57:58Knowing that, do you still wish to plead true or we'll find 222
- 1:58:03and two true? Is there a proposed agreement?
- 1:58:05Yes, there's the. Proposed agreement is to grant
- 1:58:07state's motion and turn the dedication of guilt.
- 1:58:10Revoke incentives for years and you'll also six EF 1457.
- 1:58:16Hi. Did she do any inpatient
- 1:58:17treatment? She did it, George.
- 1:58:19All right. So why is she not testing?
- 1:58:22This is her third MTR so can somebody explain?
- 1:58:26To me. All right, if you want to
- 1:58:28explain, you'll have to raise your hand and I'll take you
- 1:58:32under you. Do you solemnly swear, Affirm.
- 1:58:34The testimony you give will be the truth and nothing but the
- 1:58:37truth so help you God. All right, you can lower your
- 1:58:39hand. State your name for the record.
- 1:58:41That's Jerry Garza. Miss Garza, the judge asked the
- 1:58:43question why you were not submitting to the US.
- 1:58:45Can you actually judge why you're not submitting to the
- 1:58:47news or why you misconnect? What happened in life?
- 1:58:49Why that happened? I was going.
- 1:58:51Through a lot at the time and I knew I was dirty.
- 1:58:55And. I'm not going.
- 1:58:56To that I knew I was dirty yet. So that still doesn't explain
- 1:59:00why you didn't report because you have responsibilities so you
- 1:59:05were just not following through on anything.
- 1:59:09And if you've been in inpatient treatment, they've talked to you
- 1:59:13about what you need to do in order to stay clean and sudden
- 1:59:15you just choose not to do that. So I don't know why I should
- 1:59:19give you 4 years and why it shouldn't be more, but does
- 1:59:24anybody have an answer for me? Because I understand the court's
- 1:59:27position, she has been a safety, There's been some expense that
- 1:59:30the state has put out there for her rehab.
- 1:59:32Obviously addition's a difficult thing people deal with and she
- 1:59:35is something she has dealt with. One of the recommendations in
- 1:59:40the probation officers file was revocation of courts as well as
- 1:59:44safety special needs. I guess that's a separate safety
- 1:59:48program from what she's done before.
- 1:59:51I've explained to her judge that on a revocation, she's going to
- 1:59:54repeat it from here and out. She'll have APDC trip.
- 1:59:57She's not over this trouble again.
- 1:59:59She's assured me that she has a daughter that started as in the
- 2:00:03military has got her to graduate at this boot camp on the scene.
- 2:00:06She wants to prep what's behind her.
- 2:00:09Obviously her tracker is not really showing that she's
- 2:00:11capable of doing that as of yet. We understand that, Judge.
- 2:00:13We're asking the court to consider, you know, the four
- 2:00:16years to see there's a lot of bite to that because she will be
- 2:00:20a convicted felon now. She understands that.
- 2:00:22So she's trying to put this behind as quick as she can move
- 2:00:25forward in a positive threat. Is this her first?
- 2:00:29Felony. And the reason why I asked that
- 2:00:31because the plea bargain agreement, the state was silent
- 2:00:36on your application and so the court gave you deferred
- 2:00:40adjudication and at that time they were asking that you be
- 2:00:44sentenced to two years in the prison.
- 2:00:46It's. Going to be a comedy holder.
- 2:00:47There have several arrests. All right, this is what the
- 2:00:51court is going to do. The court is going to grant the
- 2:00:53motion, find you guilty of revoke, sentence you to five
- 2:00:55years in the prison, give you credit for any time served.
- 2:00:58There's to be no unsupervised contact with minors, no residing
- 2:01:02in households with minors, therapeutic community and I will
- 2:01:06give you credit for any successful inpatient treatment
- 2:01:12completion. Thank you, Judge all.
- 2:01:14Right. Did you?
- 2:01:15Yes. She has a monitor on her ankles.
- 2:01:17Well still I think the court ordered it from what she shared
- 2:01:20with me is RMS monitor. They got her have a, they have
- 2:01:24her with a monitor and while she's at the jail.
- 2:01:27Yes, and I've never encountered that before, Judge, But the
- 2:01:29deputies told me that it happens more often than you thought.
- 2:01:32I thought I could just call retrial GPS and have them come
- 2:01:35removed because maybe they didn't need a monitor for
- 2:01:37someone else yet, but she's sharing with me that is actually
- 2:01:40through, which I think is something you might have ordered
- 2:01:42on her last MTR. OK.
- 2:01:44She she you had ordered it when I got released from say P like 3
- 2:01:49apps. All right, Yes, Miss Abrams.
- 2:01:52Did we order a monitor for her? Are they letting you?
- 2:01:56Are they letting you charge the monitor at the jail?
- 2:01:58All right, All right. I'll order removal of the
- 2:02:02monitor. All right, Did you review the
- 2:02:05document entitled trial court certification or defendants
- 2:02:07rights to appeal with your attorney?
- 2:02:09Did you understand it and sign it?
- 2:02:10You have a limited right to appeal.
- 2:02:12That right to appeal is as it relates to the allegations in
- 2:02:15the motion, not the fact that you're on deferred adjudication.
- 2:02:17Because this is a felony conviction.
- 2:02:19You're not allowed to own or possess any weapons or
- 2:02:22ammunition. If you have a question about
- 2:02:24what that is, you will need to speak to an attorney.
- 2:02:27Do you understand? And also you all are taking
- 2:02:31something in consideration, correct?
- 2:02:33Yes Sir, I emailed the. NT All right, so and also for
- 2:02:36the record, taking in consideration 2026 PF 14573 All
- 2:02:42right, we can go off the record. Here's the thing.
- 2:02:44If you don't change your life, you know what's going to end up
- 2:02:46happening. You're going to end up going
- 2:02:49back and forth to prison or you may end up somebody identifying
- 2:02:53your body because you never know what you're going to get when
- 2:02:56you're taking drugs, when you're released from.
- 2:02:58Take advantage of the therapeutic community.
- 2:03:01A therapeutic community doesn't increase the time you're in
- 2:03:04custody, but it's designed to help you.
- 2:03:09So what will end up happening? I've ordered it.
- 2:03:12They're going to see it on the judgment, but I don't have
- 2:03:14jurisdiction to force you into that program, so you're going to
- 2:03:17have to ask for it as well. When you're released from
- 2:03:20prison, the first thing you need to do go to lifetime recovery,
- 2:03:25go to felony drug court. And This is why I'm suggesting
- 2:03:28you go to felony drug court. Felony drug court will have all
- 2:03:31the resources for you to get you in an inpatient treatment
- 2:03:35facility. Do you understand?
- 2:03:37Yes. All right, I don't want to read
- 2:03:38about you on the news. OK.
- 2:03:40All right, Good luck to you. Baby schools.
- 2:03:43Church. Yes.
- 2:03:44Who's next? My Dear Page 6 Linda Fargo.
- 2:03:51Linda Esparza. Yes, I was.
- 2:03:57Going to represent Miss Linda and Barbara back in November.
- 2:03:59I had not seen her and it's my understanding she picked up a
- 2:04:02new case in March. I was under the understanding
- 2:04:06she was out on bond. She is not.
- 2:04:07She's incarcerated. And so they were going to bring
- 2:04:09her up and she just had a medical episode.
- 2:04:12So she's on her way to the hospital.
- 2:04:13I was asking for a a reset all. Right, Miss Ferguson, on this
- 2:04:18case, I'm going to give you a date in June.
- 2:04:21But if you want her brought back sooner or you think she can be
- 2:04:25brought back sooner, just let us know.
- 2:04:26I'm going to put it at the end of June.
- 2:04:28That clears me of everything and I'll try to get a hold of her
- 2:04:31when she's out. Of the house, Miss Ferguson, End
- 2:04:33of June, June 29th. All right.
- 2:04:35June 29th. Is that a good date for you?
- 2:04:40Yes, Your Honor, Perfect. All right, we'll see you back
- 2:04:41then. Thank you.
- 2:04:42You're welcome. Yes.
- 2:04:44I bet you're back. Thank.
- 2:04:48You. I'm working on 2 please.
- 2:04:51All right. Thank you.
- 2:04:52You said June 29th, right? Yes, Sir.
- 2:04:55Thanks. All righty, friends, we'll
- 2:05:01continue to dance around Texas. Let's go back to Judge West.
- 2:05:05Joshua Smith And this is 25 DCCR 1439.
- 2:05:10And Mr. Smith, in that case you're charged with the first
- 2:05:12degree felony offense of fraudulent use or possession of
- 2:05:15identifying information. 50 or more, and that is from August
- 2:05:2120th of 2025. What that means, Sir, is that if
- 2:05:25you go to trial and you're found guilty, the range of punishment
- 2:05:28would be between five years and up to 99 years or life in
- 2:05:31prison. Do you understand, and I have
- 2:05:34here on the tablet a plea bargain rejection that you've
- 2:05:36signed with Mr. Lewis that shows that the state's attorney has
- 2:05:40made an offer. If you wanted to enter a plea of
- 2:05:42guilty for a cap of 10 years in prison, which means you would be
- 2:05:47leaving your punishment up to me, I could give you 10 years, I
- 2:05:50could give you less. It would all depend on the
- 2:05:51information that was brought to me at a sentencing hearing.
- 2:05:54You have every right to reject that and have a jury decide if
- 2:05:57you're guilty or not. And then if they find you
- 2:05:59guilty, you could leave your punishment up to that jury.
- 2:06:02I just want to make sure you understand what the possible
- 2:06:04consequences are if you go to trial and what your options are.
- 2:06:07And do you understand all of that and do you want to reject
- 2:06:10that offer and have your case set for trial?
- 2:06:12All right, we'll get that done. And Mr. Smith, Mr. Lewis has
- 2:06:15been appointed to represent you at this point.
- 2:06:18He's one of the attorneys who handles a lot of cases for me as
- 2:06:20a court appointed attorney. With your permission, I can
- 2:06:23release him and appoint another attorney today who could begin
- 2:06:26preparation for trial a little quicker.
- 2:06:28Is that OK with you? You'll keep Mr. Lewis.
- 2:06:31All right, Mr. Lewis, we'll begin preparation for trial
- 2:06:33then. All right, we'll see you back
- 2:06:34And Hakeem Thomas. Mr. Lewis.
- 2:06:38Good morning, Sir. Are you hooking Thomas?
- 2:06:41Yes or no? And this is 25 VCCR 0843.
- 2:06:44Mr. Thomas is charged with aggravated robbery.
- 2:06:47And Mr. Lewis, what is the announcement?
- 2:06:50Yes, there should be a rejection that's.
- 2:06:52That's been filed I've. Been up here?
- 2:06:54I hadn't. Had a chance to send it.
- 2:06:55OK, just I need to hold that one for just a minute until it comes
- 2:06:59through. I'll take care of it in just a
- 2:07:01minute. Mr. Rafford?
- 2:07:03You have a Jacobean Dorsey. Oh, did I lose Mr. Rafford?
- 2:07:08Hold on that one. I'm here, Judge.
- 2:07:10Oh, OK, go. Ahead so I have one we need to
- 2:07:13visit about, not when when everything is muted.
- 2:07:16On the docket today? Yes, ma'am.
- 2:07:18OK. Mr. Fleming's.
- 2:07:20I don't have a Mr. Fleming. 'S on the.
- 2:07:22It's not on to 1000. OK, Right Sir, Are you at the
- 2:07:25Kobe and Dorsey? Yes, ma'am.
- 2:07:27And this is 25 DCCR 1896. Mr. Dorsey is charged with
- 2:07:31manslaughter. And what is the announcement?
- 2:07:34Judge Mr. Dorsey was recently bench warranted from TDC.
- 2:07:39I have visited with him initially.
- 2:07:41I need to get the media, and Mr. Coleman and I have had some
- 2:07:45initial plea bargain discussions, but I'd like a
- 2:07:47little more time so that I can get the media, the surveillance
- 2:07:50videos and go over them with Mr. Dorsey.
- 2:07:52No objection, Judge. All right, so Mr. Dorsey, I'll
- 2:07:54just do a normal reset. That way Mr. Rapper can get out
- 2:07:57there, go over everything that the state has, what their offer
- 2:07:59is, and if you guys can work it out, great.
- 2:08:01If not, we'll know what we need to do with that next court date.
- 2:08:03All right, you go back to the bailiff.
- 2:08:05Thank you. Mr. Fleming.
- 2:08:06I don't know anything about it. It's not on my docket.
- 2:08:09Mr. Reynolds on Carl Lidet, good morning.
- 2:08:12Good morning. Good.
- 2:08:13Morning. Excuse.
- 2:08:14Yes, thank you. Good morning.
- 2:08:16Are you Carl Lidette and this is 25 DCCR 0579 and Mr. Lidette is
- 2:08:22charged with the aggravated sexual assault of a child.
- 2:08:24And Mr. Reynolds, what is the announcement?
- 2:08:27Judge to believe he's previously entered a rejection of 30 years.
- 2:08:32Yes, he'll stand by that. He's asking for a trial.
- 2:08:35I am the 4th lawyer on this case and it's been going on for over
- 2:08:39a year. It has.
- 2:08:41We'd ask if it be expedited. There's some media at the DA's
- 2:08:44office, hopefully, if I could certainly be able for the next
- 2:08:47process. Sounds good.
- 2:08:49We'll get it set for trial. Nothing's changed.
- 2:08:51Mr. Lidette, with regard. You wanted to go forward with
- 2:08:53trial, correct? And so if you need, if one of
- 2:08:56those things is the guard house and y'all need to watch that
- 2:09:00with Mr. Lidette, get with Miss Holmes and she can schedule to
- 2:09:04have Mr. Lidette brought over. You guys can use the jury room
- 2:09:07here. The state can bring down that
- 2:09:09video since you're not to take it and y'all can watch it here
- 2:09:13in the jury room. But in the next couple of weeks
- 2:09:17just get with her and she'll schedule that to have them
- 2:09:18brought over. All right, all right.
- 2:09:20You can go back with the bailiff.
- 2:09:22Thank you. Yes, ma'am, you can judge.
- 2:09:24Yes, that's my. Own case.
- 2:09:25Yes, thank you. Have a good day, Mr. Wilkerson
- 2:09:28on Tyree Hartley. Hartley, Good morning.
- 2:09:35Morning, Sir. Are you Tyree Hartley?
- 2:09:37This is 25 BCCR 0842. Mr. Hartley's charged with
- 2:09:42aggravated robbery. And what is the announcement?
- 2:09:45Judge, it's going to be a trial case.
- 2:09:47If you recall, we were waiting on some additional discovery
- 2:09:52materials from last time. I did receive some additional
- 2:09:55materials. I believe the state is still
- 2:09:57working to secure the videos from Chambers County related to
- 2:10:03the actual stop, but again, similar to last.
- 2:10:09Time I I'm. I don't think it's.
- 2:10:11Going. It's going to change anything.
- 2:10:13So it looks like the previous offer, Mr. Hartley, we've
- 2:10:17already gone over that. If you're found guilty, you
- 2:10:19would be considered a habitual offender with those prior
- 2:10:21convictions are true, which would mean a minimum 25 years.
- 2:10:25It looks like the offer was for 20 years on count 1.
- 2:10:29And you are ready to go forward with trial, is that correct?
- 2:10:32OK, we'll get it set on the trial docket.
- 2:10:34Obviously, the quicker I know you're waiting on them, Mr.
- 2:10:37Nichols. But if you'll let them know it's
- 2:10:39now in the trial docket, it'll be important to get that as
- 2:10:41quickly as possible. Yeah, sure.
- 2:10:43All right. Thanks, y'all.
- 2:10:43You can go back with Payless. Thank you, Judge.
- 2:10:46Thank you. And then you've got Don Jones.
- 2:10:48Yes, Sir, yes. Ma'am, can we?
- 2:10:49Hold that one. Sure, that's fine.
- 2:10:51Thanks. That goes on.
- 2:10:55I think this is one of the Jon Jones.
- 2:11:00Yeah, there's yeah, this one that.
- 2:11:09She's muted, friends. We might.
- 2:11:12Well, let's wait a minute, see if she unmutes.
- 2:11:15All right. Are you here Roberto Chavez?
- 2:11:17And this is 25 DCCR 0559. Mr. Chavez is charged with
- 2:11:22deadly conduct, discharging a firearm.
- 2:11:24And what is the announcement, Your Honor?
- 2:11:26We were able to meet. We had some trouble.
- 2:11:29We tried to meet here, found out he was no longer at the unit at
- 2:11:34LaSalle. He was now in our county court.
- 2:11:39So then we did a second meeting last week at the county court,
- 2:11:43went over every bit of his media and paper discovery.
- 2:11:48He was hoping that the offer would come down just a little
- 2:11:52bit. It has not.
- 2:11:53I could not get Miss Birch here today, so I can't explain all of
- 2:11:57that to him in detail, but I think we might get close to an
- 2:12:03agreement at the next setting. OK.
- 2:12:05And it could be a quick setting. OK Yeah.
- 2:12:07And if you have trouble with her, we can get someone else
- 2:12:09here. Just let us know.
- 2:12:10And so we'll reset. Let's just do maybe three weeks
- 2:12:14on that, and that way we'll get somebody here and we'll have an
- 2:12:19interpreter. OK.
- 2:12:21You can go back with the bailiff.
- 2:12:22Thank you. Thank you very much.
- 2:12:24Yes, ma'am. Appreciate all.
- 2:12:25Miss Holmes, you have Thorawayne fields.
- 2:12:28You still have something. I'm missing.
- 2:12:30Oh, OK. Oh, that's right.
- 2:12:32The rejection. Good morning.
- 2:12:34Good morning. How are you?
- 2:12:36He's still not OK. He's done here.
- 2:12:43OK. He's going to get mad because
- 2:12:45he's not answering. All right, this is pause number
- 2:12:531829467 on their Wayne Fields. I'm going to take judicial
- 2:12:57notice of the court's file and that Mister Fields has filed a
- 2:13:03waiver of appearance and trial by jury dated April 28th of
- 2:13:082026. He is currently in state custody
- 2:13:13based on a competency. Him not achieving competency
- 2:13:19yet. Miss Holmes, do you join in Mr.
- 2:13:23Fields waiver of his right for a trial and to be here?
- 2:13:25Yeah, sure. All right, so then we'll go
- 2:13:27forward. I'm also going to take judicial
- 2:13:29notice of the examination report that I received from the Rust
- 2:13:35State Hospital dated April 8th of 2026.
- 2:13:39That's an 18 page document. It's the trial competency
- 2:13:44evaluation report which was done by the evaluator, Dr. Kan Kan
- 2:13:52goes through everything that she reviewed as well as medications
- 2:13:59and the fact and her finding also is that he is still not
- 2:14:06competent to stand trial and requires ongoing hospitalization
- 2:14:11to manage his risk to himself and others.
- 2:14:14Also, I have physician certificate of medical
- 2:14:17examination for mental illness from a doctor Sys TSYSS.
- 2:14:23The finding in that report is that Mister Fields is mentally
- 2:14:29ill and suffering severe and abnormal mental, emotional,
- 2:14:32physical distress, and that further inpatient treatment
- 2:14:39would be required for additional competency restoration attempts.
- 2:14:44There is a second physician certificate of IT, Medical
- 2:14:47Examination for Mental Illness prepared by Doctor Owen OUAN.
- 2:14:54They all have such difficult names.
- 2:14:56And that has that same finding that Mister Fields is currently
- 2:15:02mentally ill and also suffering severe and abnormal mental,
- 2:15:05emotional, physical distress, and that further inpatient
- 2:15:09treatment would be required for competency restoration.
- 2:15:12OK, that's it. Is there any other evidence with
- 2:15:14regard to competency? And.
- 2:15:17At this time based on the two physicians examinations for
- 2:15:21mental ill criminal illness as well as the trial competency
- 2:15:26evaluation report that Mister Fields is still not competent to
- 2:15:30strength stand trial. Further inpatient treatment is
- 2:15:33warranted for competency restoration.
- 2:15:36Going to order him to remain in the appropriate facility for a
- 2:15:42period of not to exceed one year for competency restoration and
- 2:15:46we will await any report at that time.
- 2:15:51I would probably need to start looking at the dates maybe
- 2:15:55unless. I'll look at that this week,
- 2:15:57Your Honor. It's a second degree though.
- 2:15:59I guess so. Well, it's enhanced to a
- 2:16:01secondary as indicted. It's a third, I believe.
- 2:16:05OK. And if if we are, if we're going
- 2:16:09to consider dismissal, want to make sure something's in place
- 2:16:12civilly? Yeah, if you're trying to start
- 2:16:15taking a look at, I think we're just a year out from the 10
- 2:16:17years, that's correct. And so by the next setting next
- 2:16:22year, we'll need to have that looked at, certainly.
- 2:16:24All right. Thank you.
- 2:16:25This Holmes on Michael Kell. All righty friends, let's go
- 2:16:29back to Judge Boyd's court and we will finish off our day
- 2:16:33there. State versus Steven Lamon, Can I
- 2:16:36have parties announced? Renee Munoz on behalf of Mr.
- 2:16:39Lemon. And are you Mr. Lemon?
- 2:16:41Yes, ma'am. Council, have you received all
- 2:16:43discovery? Did you review it with your
- 2:16:44client? Yes, your Honor.
- 2:16:45Mr. Lemon, did you review the application for community
- 2:16:48supervision with your attorney? Did you understand it?
- 2:16:50Yes. John, did you review the true
- 2:16:52bill of indictment with your attorney?
- 2:16:53Did you understand it? Yes, Sir.
- 2:16:55Council, do you waive the reading of the indictment?
- 2:16:57Yes. Judge State, are you proceeding
- 2:16:59on the indictment as presented? What we'll find at the state is
- 2:17:03in compliance with discovery. Mr. Lamon, did you review the
- 2:17:07court admonishments with your attorney?
- 2:17:08Did you understand it and sign it in all the appropriate
- 2:17:11places? You're charged with driving
- 2:17:13while intoxicated, third or more.
- 2:17:15That's a third degree felony. Range of punishment is anywhere
- 2:17:18from 2 to 10 years in prison and up to $10,000 fine.
- 2:17:22If you have a plea with the state, the court does not have
- 2:17:24to follow your plea. If the court does not follow
- 2:17:26your plea and gives you more than you bargained for, the fact
- 2:17:29that you entered A plea will not be used against you and you will
- 2:17:31be allowed to withdraw your plea.
- 2:17:33You have a right to jury trial, a right for you or your attorney
- 2:17:36to cross examine and confront any witnesses.
- 2:17:39The state, we're calling the right to remain silent.
- 2:17:42By entering this plea, you're giving up those rights.
- 2:17:44Did you intend to give up those rights and enter into a plea in
- 2:17:47this case? Yes.
- 2:17:49Your Honor. Counsel, has your client been
- 2:17:51able to provide you with any defenses?
- 2:17:53Yes, Josh, do you believe he has a rational as well as a factual
- 2:17:57understanding of the charges against him?
- 2:17:59That is correct. Do you believe he's currently
- 2:18:01competent and was legally sane at the time of the offense?
- 2:18:05Mr. Lemone, has anyone threatened you, coerced you, or
- 2:18:08placed you in fear to get you to enter this plea?
- 2:18:11Anyone promise you anything other than the plea?
- 2:18:14Are you satisfied with the way you've been represented?
- 2:18:18If you're not AUS citizen by entering this plea, you will be
- 2:18:22deported, denied naturalization and re entry.
- 2:18:24Did you understand? Court will find that defendant
- 2:18:28has known only and voluntarily waived his right to jury trial.
- 2:18:31Did you review the plea bargain page with your attorney?
- 2:18:34Did you understand it? According to the plea,
- 2:18:37punishment is to be assessed at eight years in the prison.
- 2:18:40There's a $0.00 fine. The state is recommending
- 2:18:44community supervision. This is Ronnie concurrent with
- 2:18:472025 CR 007431, restitution if any, and two year driver license
- 2:18:56suspension or affidavit of non driving.
- 2:18:58Did you understand that to be your plea defense?
- 2:19:01State, did you review the waiver of appeal paragraph with your
- 2:19:04attorney? Did you understand it and sign
- 2:19:06it in both places? By signing that, you're waiving
- 2:19:09your right to appeal. The only items that can be
- 2:19:11appealed are written pretrial motions that have been filed,
- 2:19:13heard and ruled upon by the court.
- 2:19:15Did you understand any such motions outside the agreement?
- 2:19:19The state is requesting that your community supervision be
- 2:19:21for a term of five years. There'll be a TAP evaluation,
- 2:19:24200 hours community service restitution, 10 days in the Bear
- 2:19:28County Jail, participation in the felony drug court, DWI
- 2:19:32intervention, VIP live and ignition interlocked for half
- 2:19:35the term. Did you understand those were
- 2:19:37recommendations from the state and the court does not have to
- 2:19:39follow those recommendations? So the offense, how do you
- 2:19:43plead? Guilty, not guilty or no
- 2:19:44contest, State any evidence, no objection.
- 2:19:48All right. Did you review the waiver and
- 2:19:49stipulations with your attorney? Did you understand it and sign
- 2:19:52it in all the appropriate places?
- 2:19:54Again, did you understand you have a right to jury trial, a
- 2:19:57right for you or your attorney to cross examine and confront
- 2:20:00any witnesses the state would call, and the right to remain
- 2:20:02silent? Did you understand that today
- 2:20:04the State will be presenting evidence in the form of
- 2:20:06witnesses, statements and police report courts and most
- 2:20:09importantly, there'll be no live testimony.
- 2:20:12Did you understand Court will find that Defendant has
- 2:20:14knowingly, involuntarily waived and consented to stipulation of
- 2:20:18testimony and stipulations. Court will accept into evidence
- 2:20:22State's exhibits, one in attachments and review the same.
- 2:20:25All right, After reviewing State's exhibits one in
- 2:20:27attachments, the court will find there's sufficient evidence to
- 2:20:29find you guilty. The court will find you guilty.
- 2:20:31Are we proceeding with sentencing?
- 2:20:33Yes. Wrong.
- 2:20:34And I'm assuming he's already been accepted into felony drug
- 2:20:36court. He has judged in that case that
- 2:20:38is to run concurrent is. Also, All right, so here's the
- 2:20:42thing, and I know I probably told this to you before when you
- 2:20:46were placed on probation, you can't drink alcohol, period.
- 2:20:49And if you continue the way you are, one, you're going to end up
- 2:20:52destroying your liver. And then you're going to be on
- 2:20:56some site asking for somebody to donate a liver.
- 2:21:01You're going to destroy your kidneys or you may end up
- 2:21:04killing someone. You understand, and I understand
- 2:21:07that you have military service, but any issues that you have
- 2:21:13that's related to that, you're going to have to start
- 2:21:15addressing those and not through alcohol because otherwise it's
- 2:21:18not going to end well, you understand?
- 2:21:20All right, this is what the court will do.
- 2:21:23The court is going to send in to you, as previously stated, the
- 2:21:25court will state you maybe excuse.
- 2:21:27As previously stated, the court is going to find you guilty.
- 2:21:30The court is going to sentence you to 8 years in the prison.
- 2:21:33Suspended and probated for five years.
- 2:21:35There should be regular random UAS, regular reporting by Zoom
- 2:21:41or in person. Proof of employment within 45
- 2:21:45days of release. No employment as a home health
- 2:21:49care provider or with minors. He's to remain in custody
- 2:21:55counsel until released by felony drug court.
- 2:21:59Yes, you are. There's to be a two year license
- 2:22:02suspension. This is around concurrent with
- 2:22:052025 CR 007431200 hours of community service restitution.
- 2:22:14I'm going to deduct an hour for every sober support meeting
- 2:22:18that's completed. Field visits one time per month
- 2:22:22until further notice. DWI intervention, DWI education
- 2:22:28VIP live restitution, if any, to Paul Sparks, Miss Ferguson.
- 2:22:37I need a restitution date. State how long will it take to
- 2:22:40get restitution? But two weeks.
- 2:22:42Is fine. All right.
- 2:22:44Can you set it 3 weeks, right? That'll be May 26th for the
- 2:22:50restitution hearing. And I assume they said in here
- 2:22:55that they would allow an affidavit of non driving.
- 2:22:58But what I'm going to tell you if there, if you have access to
- 2:23:02any vehicles like it's in your parking lot, I don't care if
- 2:23:05it's if it's somebody you're living with and it's their
- 2:23:08vehicle, then for the court you have access to that vehicle and
- 2:23:11that vehicle will need ignition and a lot, you understand.
- 2:23:14All. Right, so.
- 2:23:17One quick question regarding the restitution hearing, if he is in
- 2:23:20an inpatient facility, can he appear through Zoom?
- 2:23:23Yes so that's ignition interlock full term or affidavit of non
- 2:23:31driving with proof of no access to vehicles and probation.
- 2:23:38I know it's hard for people to prove a negative but once you
- 2:23:41all go to the home you'll be able to see if he has access to
- 2:23:44vehicles. So it's admission interlock,
- 2:23:48full term or affidavit of none driving with proof of no access
- 2:23:51to vehicles and that will be with a portable alcohol
- 2:23:56monitoring device. 10 days in the Bayer County Jail as a
- 2:24:01condition of probation. Probation.
- 2:24:04Is there anything else? Is there anything else you need
- 2:24:06from the court to be successful? You're welcome.
- 2:24:08Did you review the document entitled trial court
- 2:24:10certification of defendants rights to appeal with your
- 2:24:12attorney? Did you understand it and sign
- 2:24:15it? Because this plea bargain
- 2:24:17agreement, because I followed your plea bargain agreement and
- 2:24:19because you waived your right to appeal, you do not have the
- 2:24:22court's permission to appeal because this is a felony
- 2:24:25conviction. You're not allowed to own or
- 2:24:26possess any weapons or ammunition.
- 2:24:28If you have a question over what that is, you need to speak to an
- 2:24:31attorney. Do you understand?
- 2:24:32All right, so here's the thing. You got to figure out why you're
- 2:24:35using and you've got to figure out what works for you to
- 2:24:39maintain your sobriety. And if there are people who are
- 2:24:42around you who realize that you shouldn't be drinking and they
- 2:24:46tell you, oh, it's just one drink, those are not your
- 2:24:49friends and you're going to have to cut them off.
- 2:24:50Your sobriety needs to be your number one priority.
- 2:24:53OK, excellent. All right, Good luck to you.
- 2:24:55OK, Thank you. You're welcome.
- 2:24:57Okie Dokie friends that will do it for today will be back.
- 2:25:01Well, not for today. We're back tonight 8:00 PM
- 2:25:04Eastern, 5:00 PM Pacific for sidebar right here on this
- 2:25:06channel. So join us for that and then
- 2:25:08we'll be back tomorrow morning, 9:00 AM Eastern, 6:00 AM
- 2:25:11Pacific. I hope you all had fun.
- 2:25:12I appreciate you joining me. Go have yourselves a great day
- 2:25:16and we'll see you soon. Take care, God bless.