Latest / The Courtroom Files / April 23, 2026 Court Hearings: Judge Oakley's Harsh Lecture, Simpson Revokes Bond, Arson Plea & More | TCF Podcast #276

Transcript

April 23, 2026 Court Hearings: Judge Oakley's Harsh Lecture, Simpson Revokes Bond, Arson Plea & More | TCF Podcast #276 · The Courtroom Files

• 0:01
  Good morning, everybody. Happy Thursday.
• 0:02
  Welcome to TCF LIVE. My name is Dan Seoul.
• 0:05
  I will be your guide through the next three hours of Courtlandia.
• 0:08
  Today, we'll start in Allegan County, Michigan.
• 0:10
  This is Judge Scosellus. The Elegant City Police
• 0:14
  Department in charge of operating while intoxicated at
• 0:20
  the time of a pretrial conference with the Elegant City
• 0:24
  Attorney shattered a plea of guilty to that charge and the
• 0:29
  indication was the city attorney would not add a charge of
• 0:32
  operating while intoxicated while having a high blood
• 0:36
  alcohol content. At that time, I ordered a
• 0:39
  substance abuse assessment as well as a criminal and driving
• 0:44
  history. Both of those were completed and
• 0:47
  the matter was set for sentencing.
• 0:49
  At that time, the City Attorney was not present for sentencing.
• 0:54
  Mr. Mccune. Miss Benenhuvel was involved in
• 0:58
  a property damage accident. Being involved in a property
• 1:01
  damage accident after operating while intoxicated makes this
• 1:05
  crime a crime victim rights case under MCL 780.81118.
• 1:15
  And. With that, your office is
• 1:17
  required to notify anyone whose property might have been damaged
• 1:22
  by her actions and indicate that they can request contact with
• 1:27
  the court through a victim impact statement and can also
• 1:30
  request restitution. I didn't have any information
• 1:34
  really from my file as to what exactly was damaged in this
• 1:37
  case, who the owner of the property was or if there's any
• 1:40
  restitution request. So I just asked, we reset this
• 1:44
  for sentencing so you would be present.
• 1:46
  And now that you are here, what did she strike in this case you
• 1:53
  are. I did reach out to the let me
• 1:56
  review my file, but I reached out to the investigating officer
• 2:00
  and and instructed them to inquire regarding any claim for
• 2:08
  damages or for restitution and we received response that they
• 2:14
  did so and that there was no request for restitution.
• 2:20
  If I I'm, I'm. Reminding.
• 2:22
  Myself of what it was, seems as though it wasn't a utility box,
• 2:31
  but I'm going to have to remind myself, Your Honor.
• 2:35
  OK. It was a loader.
• 2:38
  Excuse me? A loader used for snow removal.
• 2:41
  All right, I will indicate no restitution is being requested
• 2:47
  and accordingly, none will be ordered.
• 2:50
  And Mr. McKean, that is the only reason that we had to have you
• 2:53
  here. So you are all set.
• 2:55
  Have a good day. Thank you, Sir.
• 2:58
  Miss Vander Hoobel, Again, the city attorney has recommended a
• 3:02
  sentence of no jail. They've indicated no restitution
• 3:06
  is being requested. This is your chance to tell me
• 3:08
  anything you would like to for your sentencing this morning.
• 3:13
  I would just like to say that I am very sorry that this has
• 3:16
  happened. I have been doing everything in
• 3:19
  my power to make sure that this will never happen again.
• 3:22
  And I, I, I know I mentioned this to Hannah, my attorney.
• 3:28
  I today is my 94 day sober and I've been doing everything that
• 3:33
  I can to make it stay that way. And I will make sure that this
• 3:38
  never happens again, Your Honor. Miss Fogel on behalf of Miss
• 3:42
  Vander Hoole for sentencing. Thank you, your honor.
• 3:46
  This incident occurred on 1/19/2020.
• 3:50
  Six and only two days later, Miss Vanderhuebel admitted
• 3:53
  herself into residential treatment at Skywood Recovery on
• 3:57
  1/21/20 1:26 and successfully completed inpatient treatment.
• 4:02
  She was discharged on 2/24 and immediately afterwards on 225
• 4:08
  enrolled in Skywood Intensive Outpatient Program in Royal Oak,
• 4:11
  MI where she now works with an assigned clinician weekly for
• 4:16
  individual therapy sessions and attends a minimum of three group
• 4:19
  therapy sessions per week, each lasting 3 hours.
• 4:22
  The group therapy she attends is a psychoeducation group where
• 4:25
  patients process early recovery issues with their peers, and
• 4:28
  Miss Vanderheevl's therapist describes her as actively
• 4:32
  engaged in therapy and providing meaningful feedback to her peers
• 4:36
  due to her issues with alcohol. So clearly Miss Vanderheevl is
• 4:40
  taking this very seriously and taking steps personally to
• 4:43
  ensure that it does not happen again.
• 4:46
  Miss Vanderheevl's Due to her issues with alcohol and the
• 4:50
  events surrounding this incident, Miss Vanderhuevel did
• 4:53
  have to medically resign from her previous full time
• 4:55
  employment. However, she has been taking
• 4:58
  proactive steps to get back to work.
• 5:00
  She was working for the last month or so with her prior
• 5:03
  employer to actually get rehired.
• 5:04
  They were intending to rehire her, however they have recently
• 5:08
  gone in a hiring freeze so they've been unable to.
• 5:11
  However, she has been working with Secretary of State to get a
• 5:13
  new Idi. Believe she actually just worked
• 5:15
  with just was speaking with them a couple days ago so that she
• 5:19
  can start applying to new jobs as soon as possible.
• 5:22
  Her goals for the next year are to stay sober first and
• 5:25
  foremost, to become financially independent, to get her life
• 5:29
  back in order to keep it that way, and to make sure nothing
• 5:31
  like this ever happens again. She has been struggling for a
• 5:34
  long time and this has been a major turning point for her and
• 5:37
  she is taking control of her life.
• 5:39
  She is ready to accept the consequences that she has to and
• 5:42
  keep moving forward and ensuring nothing like this happens again.
• 5:46
  Today, as she said, she is 94 days sober and is very excited
• 5:50
  about that. She has no criminal history and
• 5:53
  the prosecutor was comfortable agreeing to a recommendation of
• 5:55
  no jail. We are requesting fines and
• 5:57
  costs only in this matter. Thank you.
• 6:01
  Miss Vander Hooverly review of materials I received for
• 6:04
  sentencing show that you have no prior drinking and driving
• 6:08
  convictions. Your blood alcohol level was way
• 6:11
  up into what's called a super drunk driving level, which is
• 6:14
  anything above .17. You were at a .209.
• 6:21
  It looks like you live in Gobles in Van Buren County, and at 2:30
• 6:27
  in the morning you hit a loader used by the city of Allegan here
• 6:32
  in the city. So I don't know if you were
• 6:34
  trying to get back home from somewhere here in Allegan, but
• 6:38
  if you did, that's a long ways to go.
• 6:42
  But obviously you didn't make it.
• 6:43
  You were arrested here on this charge.
• 6:46
  The good thing again, is no prior convictions.
• 6:48
  Bad thing is the blood alcohol level.
• 6:50
  And for that reason and the fact that you were involved in an
• 6:54
  accident, I am going to place you on a short term of
• 6:57
  probation. That will be for a period of six
• 7:00
  months, and that will be with substance abuse counseling at
• 7:03
  the discretion of the probation department. 1st order of
• 7:06
  business will be to let them know when you meet with them
• 7:10
  what you've done so far on your own Standard condition of
• 7:14
  probation on this offense Is he not possessed or consume any
• 7:16
  alcohol, marijuana or legal controlled substances other than
• 7:20
  those prescribed to you biomedical professional?
• 7:23
  They will have the authority to check you for that here at the
• 7:26
  probation department. Have you checked by the police
• 7:29
  at your home? And because of your extremely
• 7:31
  high blood alcohol content, I am going to order monitoring for
• 7:34
  the 1st 30 days of probation utilizing either SCRAM or Silver
• 7:38
  Link at the discretion of the probation agent on this chart
• 7:43
  will also require completion of a victim impact panel.
• 7:47
  Your driver's license either already is or will soon be gone
• 7:51
  because of your conviction here. A specific condition of your
• 7:55
  probation is he not operate a motor vehicle until you're
• 7:59
  allowed to do so by the Michigan Secretary of State's Office,
• 8:03
  which means getting caught driving for any reason would be
• 8:07
  a violation of your probation. The charge of operating while
• 8:11
  intoxicated the finest $500. Court costs $400.00.
• 8:15
  State cost and fees are $125.00. There is a $180 oversight fee
• 8:21
  for that term of probation and a $100 fee for the substance abuse
• 8:25
  assessment that was done for the court.
• 8:27
  According to the Allegiance City attorney, no request for
• 8:30
  restitution has been received and none is being.
• 8:33
  Ordered. The total is $1305.
• 8:38
  Court file shows you released in the Elegant County Jail on a
• 8:41
  $500 PR bond, so all of that is due.
• 8:46
  You will have the entire time on probation to pay that amount on
• 8:50
  a monthly payment plan set up through the probation
• 8:53
  department. Let me ask, your probationary
• 8:56
  sentence required to advise you that you were eligible to be
• 8:59
  discharged at the halfway point if you have completed all the
• 9:03
  terms and conditions of your probationary sentence at that
• 9:07
  time. So in your case you could have
• 9:09
  probation completed and as soon as three months probation
• 9:13
  department's going to contact you on the telephone to set up
• 9:16
  your probation order will have you sign an electronically
• 9:19
  today. What telephone number can they
• 9:21
  reach you at? That is going to be 269216.
• 9:31
  OK, you are free to hang up from the court proceeding, but be
• 9:34
  available at the telephone number you just gave us.
• 9:37
  You'll be receiving a telephone call at that number from our
• 9:40
  probation department. Good luck to you, ma'am.
• 9:42
  Hopefully, you can get this all concluded in the first three
• 9:45
  months. Thank you, Miss Bogle.
• 9:47
  I appreciate you. Thank you, Honor.
• 9:54
  Good morning once again everybody.
• 9:56
  It's TCF live on a Friday eve. It is good to have you all here.
• 9:59
  I hope that you all have a tremendous day today.
• 10:03
  Thank you for starting it here with us.
• 10:05
  We'll continue with Judge Skoselis if.
• 10:09
  You would like that sensing? Morning.
• 10:12
  Proof of services. Right, it's what proof of
• 10:15
  service? Oh, for a brief.
• 10:18
  This filed 260395 SD People versus Daniel Lee Ward.
• 10:26
  The Ward was charged in a citation issued by the Allegan
• 10:29
  County Sheriff's Department with charges of operating while
• 10:33
  intoxicated, being a person under 21 years of age in
• 10:37
  possession of alcohol, and being a person under 21 years of age
• 10:42
  transporting or possessing alcohol in a vehicle.
• 10:46
  On this file at a pretrial conference on April 3rd, he
• 10:53
  entered a plea of guilty to the charge of operating while
• 10:56
  intoxicated and the prosecutor's office dismissed the charge of
• 11:01
  possession of alcohol in a motor vehicle by a minor time, ordered
• 11:06
  a substance abuse assessment, as well as a criminal and driving
• 11:09
  history. Both of those things have been
• 11:12
  completed. So we are able to proceed to
• 11:14
  sentencing today. Again, the case was resolved at
• 11:17
  the time of a pretrial conference.
• 11:20
  In that written pretrial statement, the city, I'm sorry,
• 11:24
  the prosecutor's office made a specific recommendation of no
• 11:27
  jail. And with that, Mister Ward, this
• 11:31
  is your chance to tell me anything you would like to for
• 11:34
  sentencing. No, thank you.
• 11:38
  I don't think I have anything to say.
• 11:40
  Miss Vogel, on behalf of Mr. Ward for sentencing.
• 11:44
  Thank you, Your Honor. In speaking with Mr. Ward, he
• 11:48
  very deeply regrets this incident and when asked what he
• 11:52
  would have done differently, he first stated he of course
• 11:54
  wouldn't have drank that night at all being underage, but even
• 11:57
  then, he knows he would not have picked his keys up.
• 12:00
  He has shared that if he were ever in the situation in the
• 12:03
  future, once he is of age where he had been drinking and needed
• 12:06
  to go somewhere, he would call someone, likely his mom or dad
• 12:10
  who are a great support system for him.
• 12:12
  Try to order a rideshare or even walk if he has to.
• 12:15
  In his own words, driving is not worth it at all and you're
• 12:18
  better off asking the bartender for a ride home.
• 12:21
  He has been living with his parents who are a great support
• 12:23
  system for him. As I said, he has been working
• 12:26
  at Meyer part time about 24 hours a week.
• 12:29
  That job has been put in a great positive routine for him and had
• 12:34
  something to focus on. He's taking better care of his
• 12:36
  health, working in the yard, going on walks, spending time
• 12:39
  outside, and overall just learning how to cope with things
• 12:42
  in a more healthy way. He his biggest goals in the next
• 12:46
  year or two are to first and foremost successfully complete
• 12:49
  his court obligations so that he can move past this incident and
• 12:52
  learn from it, living a healthier life and getting his
• 12:55
  truck fixed up. He has no criminal record and
• 13:00
  operating while intoxicated is not considered a serious
• 13:03
  misdemeanor under MCL 780.811, and there is a presumption under
• 13:08
  MCL 769.5 of non jail and non probation sentence.
• 13:12
  Additionally, the prosecution was comfortable agreeing to a
• 13:15
  sentencing recommendation of no jail as well, and we would be
• 13:18
  requesting fines and costs only in this matter.
• 13:20
  Thank you, Your honor. Recognize the presumption.
• 13:25
  Also recognize Mr. Ward at the time of this arrest was 19 years
• 13:30
  old, had no right to drink at all, and his blood alcohol was
• 13:36
  exactly twice the legal limit to operate a motor vehicle at a
• 13:40
  .16. For those reasons, I am going to
• 13:44
  place you on probation for a period of six months.
• 13:47
  That will be with substance abuse counseling as directed by
• 13:51
  the Probation Department. Standard condition of probation.
• 13:54
  Do not possess or consume any alcohol, marijuana, or legal
• 13:58
  controlled substances other than those prescribed to you by a
• 14:02
  medical professional. They will have the authority to
• 14:05
  check you for that here at the Probation Department.
• 14:08
  Have you checked by the police at your home or have you
• 14:10
  physically monitored for alcohol consumption at any point while
• 14:14
  on probation? On this charge, they will also
• 14:17
  require completion of a victim Impact panel.
• 14:21
  Your driver's license already is suspended or will soon be
• 14:25
  suspended because of your plea. Specific condition of your
• 14:29
  probation is he not operate a motor vehicle until you receive
• 14:33
  a license to do so again from the Michigan Secretary of
• 14:36
  State's Office. So getting caught driving for
• 14:39
  any reason would be a violation of your probation and a
• 14:43
  potential jail sentence on the charge of operating while
• 14:47
  intoxicated. The fine is $500.00 for cost
• 14:51
  $400.00. State constant fees are $125.00.
• 14:56
  There is a $180 oversight fee for that term of probation and a
• 15:00
  $100 fee for the substance abuse assessment that was done through
• 15:04
  the court for a total of $1305. Report file shows you released
• 15:11
  from the Allegan County Jail on a $500 personal recognizance
• 15:15
  bond. So all of that is due, but you
• 15:17
  will have the entire time on probation to pay that amount on
• 15:21
  a monthly payment plan set up through our probation
• 15:24
  department. As to your probationary
• 15:27
  sentence, required to advise you that you do have the right to be
• 15:30
  discharged at the halfway point if you have completed all the
• 15:34
  terms and conditions of your probationary sentence at that
• 15:38
  time. So in your case, Mr. Ward, you
• 15:41
  can have probation completed and as soon as three months, our
• 15:45
  probation department's going to call you on the telephone today
• 15:48
  to set up your probation order. What telephone number can they
• 15:52
  reach you at today, Sir? 87, you are free to hang up from
• 16:05
  the court proceeding, but be available at the telephone
• 16:07
  number you just gave us. You'll be receiving a telephone
• 16:10
  call at that number from our probation department shortly.
• 16:14
  Good luck to you, Sir. Thank you, Miss Vogel.
• 16:17
  Thank you. Have a good day, Sir.
• 16:18
  You too. And Mr. Ray, can you hear me?
• 16:36
  All. Right.
• 16:46
  Unmute. There you go.
• 16:48
  Can you hear me OK? Yeah, I can hear you.
• 16:51
  Just my. Picture.
• 16:52
  Went off I. Don't know what happened.
• 17:00
  Oh, there it is. They want to verify you're not
• 17:04
  driving. No, I'm not driving.
• 17:07
  I'm I'm actually at work. They let me punch out and sit in
• 17:10
  the car to have the meeting. This is file 241863 SM here
• 17:18
  today for a plea and reviewing this case.
• 17:22
  You were originally charged in a misdemeanor complaint issued by
• 17:26
  the Allegan County Prosecutor's Office.
• 17:29
  Count 1A charge of receiving or concealing stolen property in
• 17:34
  the amount of $200 or more but less than $1000.
• 17:39
  Count 2 was the same charge. Count 3 was a charge of
• 17:48
  receiving and concealing stolen property less than $200.
• 17:53
  Count 4 was the same charge. I have received in the file a
• 18:04
  plea agreement which didn't make a lot of sense.
• 18:10
  It indicated that the defendant will plead guilty to an amended
• 18:13
  charge of 1 count of receiving and concealing stolen property
• 18:19
  less than $1000. There are two different charges
• 18:25
  that would qualify for that. It also indicates 1 count of
• 18:30
  receiving and concealing stolen property less than two, $200.
• 18:35
  And with that the prosecutor will dismiss the other two
• 18:41
  counts. Before we go any further, if the
• 18:47
  subwoofer, mini fridge, television and Narcan were all
• 19:00
  the property of the same individual or business, you as a
• 19:06
  prosecutor have no right to charge 4 counts in the 1st
• 19:09
  place. That law changed back in 85 I
• 19:12
  think. Something like that.
• 19:14
  You aggregate those. Over a 12.
• 19:16
  Month period if it's different victims, if it's a single
• 19:20
  victim, you can aggregate those forever.
• 19:22
  So the law since the mid 80s prohibits you from doing
• 19:27
  multiple counts when you could aggregate.
• 19:29
  So that's the first issue and the second issue was what your
• 19:33
  final resolution was because I wasn't, I wasn't clear on what
• 19:36
  those final discharges were supposed to be.
• 19:40
  So do you want to talk to Miss Strasser about this for a
• 19:43
  minute? I can take care of a few other
• 19:45
  sentences if I could, Your Honor, thank you.
• 19:47
  I again know nothing about the case of than what I just read to
• 19:50
  you on the record here. So, Sir, we're going to hold
• 19:53
  this for some legal reason. We won't keep.
• 19:56
  You too long. If we need more time, we can
• 19:58
  reset this at a later date, but the prosecutor is going to talk
• 20:01
  to your attorney and we're going to put you on hold in a breakout
• 20:04
  room. OK.
• 20:06
  OK. Sure.
• 20:07
  Thank you. Thank you.
• 20:08
  You. Don't need Mr. Duffield for the
• 20:14
  other. Sentencings.
• 20:16
  I don't think so. I I need a prostate?
• 20:23
  Felony one. For sure.
• 20:25
  Right, Carpenter. I'll see.
• 20:29
  Let me look.
• 20:43
  Andrey do that. Perfectly.
• 20:49
  Is Carpenter in this favor? Can you hear me OK?
• 20:53
  Yes I can. Yes, I can.
• 21:02
  This is filed 260221 SD People versus Judith Christine
• 21:08
  Carpenter here today for sentencing.
• 21:11
  This was originally a charge issued through the Gun Lake
• 21:15
  Tribal Police on charge of operating while intoxicated.
• 21:20
  At a pretrial conference on April 3rd, the prosecutor's
• 21:24
  office reduced this to a charge of operating while impaired.
• 21:28
  At that time I ordered both a substance abuse assessment,
• 21:31
  asked that a criminal and driving history be run.
• 21:34
  Both of those have been completed, so we are able to
• 21:37
  proceed to sentencing this morning.
• 21:40
  Case again was resolved. At the time of a pretrial
• 21:43
  conference in writing, the prosecutor's office did not
• 21:46
  request any specific recommendation as to the
• 21:48
  sentence. So with that, Miss Carpenter,
• 21:51
  this is your chance to tell me anything you would like to for
• 21:54
  your sentencing this morning. It'll never happen again, that's
• 22:01
  all. Miss Graver on behalf of Miss
• 22:04
  Carpenter for sentencing. Thank you, Your Honor.
• 22:07
  I've spoken with Miss Carpenter numerous times regarding this
• 22:11
  incident. She is embarrassed that she is
• 22:16
  in this situation. She this is her first offense
• 22:20
  regarding drinking and driving and she is very ashamed that she
• 22:24
  put herself in this situation to begin with.
• 22:27
  I from speaking with her, I'm very confident that this court
• 22:31
  will not see her again. She has been taking this very
• 22:33
  seriously and she is ready to accept the consequences for her
• 22:39
  lack of judgement and getting behind the wheel regarding this
• 22:43
  incident. There were no accidents
• 22:44
  involved. She was merely pulled over by
• 22:47
  the police. Like I indicated, there were no
• 22:48
  prior drinking and driving convictions in her history and
• 22:53
  her blood alcohol well above the legal limit was at a .13.
• 22:58
  So on the relatively low side compared to some of the numbers
• 23:03
  that this court does see, and I ask that she be sentenced to
• 23:05
  fines and costs. Thank you.
• 23:09
  Review the materials. I received yesterday for your
• 23:12
  sentencing. It does indicate, as your
• 23:14
  attorney indicates, no prior drinking or driving convictions.
• 23:19
  You were not involved in an accident in this case.
• 23:21
  Your blood alcohol was between 1 1/2 times the legal limit and
• 23:26
  twice the legal limit at a .13, but not quite high enough where
• 23:32
  I think that the probation department will be able to
• 23:34
  provide meaningful services to you.
• 23:37
  Given that, I am going to follow the presumption in this case and
• 23:41
  impose a sentence of no jail, no probation, fines, and costs only
• 23:46
  on the reduced charge of operating while impaired.
• 23:49
  The fine is $300. Court costs are $400.00.
• 23:53
  State costs and fees are $125.00.
• 23:57
  There is a $100 fee for the substance abuse assessment done
• 24:00
  through the court for a total of $925.
• 24:05
  Work file shows you released from the Allegan County Jail on
• 24:09
  a $500 personal recognizance bond, so I'll put the fines and
• 24:13
  costs out for payment over the next 90 days on this charge.
• 24:18
  We also have everyone complete what's called a victim impact
• 24:21
  panel. You can accomplish that online
• 24:25
  and our court staff is going to mail to you a list of all the
• 24:28
  various places you can go online to get that completed.
• 24:31
  When you do complete it, they send you a document back with
• 24:35
  your picture on it showing you've completed it.
• 24:38
  Please return a copy of that back to the court within the
• 24:42
  same 90 day period so that we know you have completed that.
• 24:45
  So, Miss Carpenter, you're going to receive several things in the
• 24:48
  mail. One will be a judgement of
• 24:49
  sentence which will indicate a sentence of no jail, no
• 24:52
  probation, fines and costs only with 90 days to pay.
• 24:56
  Also that list of the places to complete the substance of the
• 25:01
  victim impact panel and you'll again you'll have 90 days to
• 25:05
  complete that as well. So you are free to hang up the
• 25:08
  court proceeding, be expecting those in the mail from our
• 25:12
  court, OK. Thank you.
• 25:14
  Good luck to you, ma'am. Thank you, Miss Graver.
• 25:17
  Thank you, Your honor. Gregory Hunt, can you hear me
• 25:22
  OK? Yes, I I can.
• 25:34
  This is filed 260020SD People versus Gregory Allen Hunt here
• 25:41
  today for sentencing. Originally charged through a
• 25:45
  citation issued by the Allegan County Sheriff's Department on a
• 25:48
  charge of operating while intoxicated.
• 25:52
  At the time of a pretrial conference on April 3rd, the
• 25:57
  defendant entered a plea of guilty to that charge.
• 25:59
  Prosecutor's office made a recommendation of no jail as
• 26:04
  part of the sentence. At that time, I ordered a
• 26:07
  substance abuse assessment, had a criminal and driving history
• 26:11
  run. Both of those have been
• 26:12
  completed, so we are able to proceed to sentencing this
• 26:16
  morning. Mr. Hunt, I can't see you
• 26:19
  because you're on the telephone. Can you hear me?
• 26:23
  Yes, I can. This is your chance to tell me
• 26:26
  anything you would like to for your sentencing.
• 26:33
  Just that I made a serious mistake and I'm ready to correct
• 26:38
  it. Miss Graver on behalf of Mr.
• 26:42
  Hunt, for sentencing. Thank you, your Honor.
• 26:45
  As Mr. Hunt indicated, he does acknowledge and is remorseful
• 26:50
  that he did make a mistake with getting behind the wheel.
• 26:53
  Since this incident, he has not consumed any alcohol.
• 26:58
  He has realized and made the decision.
• 27:01
  It is not in his best interest because he does not make the
• 27:05
  best decisions. This whole incident was a very
• 27:08
  big wake up call for him. He has expressed extreme
• 27:12
  emotions when discussing it with me when I've had contact with
• 27:16
  him. He is ready to take
• 27:19
  accountability and accept responsibility for his actions
• 27:22
  and we ask that the court take that into consideration.
• 27:24
  Thank you. Review of the materials I
• 27:27
  received for sentencing. First the criminal history all
• 27:30
  it shows that Mister Hunt was charged with domestic violence
• 27:34
  up in Kent County went through a deferral on that had that
• 27:38
  successfully dismissed. In this case, he was not
• 27:42
  involved in an accident, but blood alcohol was up at a super
• 27:47
  drunk driving level at a .17. So for that reason I am going to
• 27:52
  place them on a short term of probation that'll be for a
• 27:55
  period of six months. Standard condition of probation.
• 27:59
  Do not possess or consume any alcohol, marijuana or illegal
• 28:03
  controlled substances other than controlled substances that are
• 28:07
  prescribed to you by a medical professional.
• 28:10
  They will have the authority to check you for that here at our
• 28:13
  probation department. Have you checked by the police
• 28:16
  at your home or have you physically monitored for alcohol
• 28:19
  consumption at any point while on probation on this charge?
• 28:24
  That will also require completion of a victim impact
• 28:27
  panel. Your driver's license either
• 28:30
  already has been or. Soon.
• 28:32
  Will be suspended because of your plea of guilty.
• 28:35
  A specific condition of your probation as you not operate a
• 28:39
  motor vehicle until you receive a license to do so from the
• 28:43
  Michigan Secretary of State's Office.
• 28:45
  So getting caught driving for any reason would be a specific
• 28:49
  condition of your probation violation and how you could
• 28:53
  receive a jail sentence for that alone.
• 28:56
  The charge of operating while intoxicated the finest $500.
• 29:00
  Court costs $400.00. State costs and fees are $125.
• 29:06
  There's a $180 oversight fee for that term of probation and a
• 29:11
  $100 fee for the substance abuse assessment that was done through
• 29:14
  the court for a total of $1305. Court file is showing that you
• 29:21
  were released from the Allegan County Jail on a $500 personal
• 29:26
  recognizance bonds. All of that is due, but you will
• 29:29
  have the entire time on probation to pay that amount on
• 29:33
  a monthly payment plan set up through the probation
• 29:36
  department. Finally, asked your probationary
• 29:38
  sentence required to advise you that you were eligible to be
• 29:42
  discharged at the halfway point if you have completed.
• 29:45
  All the terms. And conditions of your
• 29:47
  probationary sentence at that time.
• 29:50
  So in your case Mr. Hunt, it could be released from probation
• 29:55
  and as soon as three months probation is going to call you
• 29:58
  on the telephone to set up your probation order.
• 30:01
  What telephone number can they reach you at today 9316398 83?
• 30:19
  You are free to hang up from the court proceeding, be available
• 30:22
  at that telephone number. You'll be receiving a telephone
• 30:25
  call at that number from our probation department shortly.
• 30:29
  Good luck to you Sir. Thank you, Miss Graver.
• 30:31
  Thank you. So Wahoo, seven months today,
• 30:36
  thank you so much for all the support that you've given me.
• 30:39
  You've been very good to me and I recognize that and I thank you
• 30:42
  for it and you've been a great member of the community.
• 30:44
  So again, thank you so much. It would not be the same without
• 30:48
  you. Wahoo.
• 30:49
  Let's let's change things up. Let's go to Judge McNally.
• 30:56
  Your name? So Council, are we adjourning
• 31:02
  this again, if that's what we're asking for, Judge, I've got
• 31:05
  video discovery. There's an issue with getting it
• 31:07
  to play. I can go into detail, but they
• 31:09
  sent it to a staff member line that needs to be sent directly
• 31:12
  to me because the warrants from CJIS 7.
• 31:16
  Mr. Booth also has a probation matter that's up from May 13th.
• 31:19
  It's kind of debatable whether we need to resolve this case
• 31:22
  first or the probation violation that's alleged resulting from
• 31:26
  this charge. So you could come back on May
• 31:30
  7th? I think that would allow us to
• 31:32
  resolve both of those issues, Judge.
• 31:36
  OK, Last adjournment, though. OK, I'm going to just make a
• 31:40
  note set for jury if not resolved on that date.
• 31:43
  OK. OK.
• 31:45
  What time do you have for me on May 7th, Heather?
• 31:48
  9:45. 945 All right, great. Thank you.
• 31:53
  All right. Anything else?
• 31:55
  No, I don't think so. OK, Have a good day.
• 31:56
  Good luck, Sir. You can go down in the hall and
• 31:58
  get your notices. Stay.
• 32:00
  Wahoo, thank you for gifting a membership, I appreciate it.
• 32:03
  Yes. Judge Miss Tremblay had to walk
• 32:06
  into another courtroom. Fine.
• 32:08
  I'll go on to the next one. Ahmed Ali Abdullah Ahmed 26 I'm
• 32:14
  sorry 25-T647-O79-A and B where is is the lawyer on Zoom?
• 32:24
  Yes, the attorney and client are together, Mr. Warbley.
• 32:31
  OK, Are you going to bring them in?
• 32:32
  Then why am I not? They are already out.
• 32:36
  They're already out there, Judge.
• 32:38
  OK, where guys, can you log in here, please?
• 32:42
  Ali Abdullah Ahmed, 25-T647-O79-A and B.
• 32:49
  Who's his lawyer? Mr. Warbling.
• 32:54
  OK, Mr. Warbling, I need you Sir.
• 32:58
  Do you have anything else down there?
• 33:20
  People against Gooch? Rebecca.
• 33:25
  Juliet Gouch. Gooch 26G3O6936.
• 33:29
  Good morning. Your name?
• 33:30
  Rebecca. Ghosh.
• 33:35
  OK. Next I'm going to set aside the
• 33:36
  default. You got to be more careful next
• 33:38
  time. OK, All right, so you went into
• 33:41
  default and you met with the department Rep and they are
• 33:46
  going to offer you impeding traffic, correct to that charge
• 33:50
  of impeding traffic responsible or not responsible.
• 33:54
  Let me just review something here.
• 34:05
  All right, how bad's your record I.
• 34:10
  Think it's. Bad.
• 34:11
  All right. Officer out there told me it was
• 34:14
  open. Take that conviction off,
• 34:16
  Heather. Take conviction off from the
• 34:20
  March 6th incident. That's the one we're here on.
• 34:23
  Default judgment set aside. Plea to it.
• 34:26
  Impeding is accepted. 165 is your total.
• 34:30
  You've already posted a bond in that mouth.
• 34:33
  Is that in your name? All right, just go down the hall
• 34:36
  and take care of that with them. OK, Cashier.
• 34:39
  Good luck. Harrison.
• 34:42
  Amanda Marie Harrison, 26 G, 330-6971.
• 34:48
  Your name, ma'am. All right, so you are going to
• 34:51
  plead responsible to impeding traffic, correct?
• 34:57
  To that charge. Responsible or not responsible?
• 35:00
  OK. I'm going to accept your plea to
• 35:02
  that. 160 is your total. OK.
• 35:13
  Right down the end of the hall to the cashier.
• 35:15
  All right. Thank you.
• 35:18
  Your people against Austin Lee Hewer sensing 266481-O2.
• 35:25
  Could I Tillery speed it up at the table here Sir, Your name?
• 35:30
  You were. Something you're charged with
• 35:32
  driving on a suspended. You have the right to an
• 35:35
  attorney. Would you like one?
• 35:36
  Yes, please. All right.
• 35:37
  We'll set you up with a lawyer. You'll be out in the hallway and
• 35:40
  you're all set. OK, Tyler.
• 35:42
  Either way, you're coming back in front of me.
• 35:47
  Tyler. Keith Tillery, 26G3O6839AB.
• 35:51
  And C Your name? Tyler.
• 35:53
  Tillery. All right.
• 35:54
  So you have an operating while intoxicated, you have a
• 35:56
  violation restrictions on license and refuse PBT.
• 36:00
  You have the right to an attorney.
• 36:01
  Would you like an attorney? All right, you are 20 right now,
• 36:07
  correct? All right, go out in the
• 36:10
  hallway. We'll set you up with a lawyer.
• 36:13
  Mr. Warbling, come on in. If you would.
• 36:15
  Ali Abdullah Ahmad, 25-T647 with 79-A and B.
• 36:24
  We have anything else down there?
• 36:30
  This one is an attorney, too? Yeah.
• 36:32
  Yeah. Alexander Madrigal, 263-0674,
• 36:37
  OANB, your name charged with operating while intoxicated.
• 36:45
  You're also charged with speeding.
• 36:47
  You have the right to an attorney.
• 36:49
  Would you like one? Yes.
• 36:50
  We'll set you up with a lawyer. You can go out in the hallway
• 36:53
  and we'll see you back here. OK.
• 36:56
  Thank you, Kaylin. You can come up here if you
• 36:59
  want. You can come in the jury by OK,
• 37:03
  OK. Anything else down there?
• 37:10
  People against murder? Jason Thomas, murder 266481-O3A
• 37:16
  and B Your name. Jason Murder.
• 37:23
  All right, you're charged with driving on an expired license
• 37:26
  and expired plate. You have the right to an
• 37:27
  attorney. If you want, I'll give you a
• 37:30
  lawyer. Otherwise, I'll arraign you and
• 37:31
  let you go talk to the prosecutor.
• 37:33
  Oh, yeah. OK.
• 37:35
  So you're going to waive your right to a lawyer.
• 37:37
  All right. It is alleged that on March 20
• 37:39
  of 26th that you did operate a motor vehicle with an expired
• 37:43
  license on Siblinger Quarry in Trenton at 8:13 in the morning.
• 37:46
  That is a misdemeanor. It is punishable by up to 100
• 37:50
  fines, 90 days jail costs are all those and two points.
• 37:54
  You understand that? Yes.
• 37:56
  You also have a second charge, civil infraction, the expired
• 37:58
  plate. Do you understand that?
• 38:00
  Did you sign, read and understand the advice of rights?
• 38:03
  You plead guilty, you'll be giving up all those rights and
• 38:06
  we will not have a hearing or a trial of any kind.
• 38:08
  Do you understand that? All right, you still wish to
• 38:12
  waive your right to a lawyer, $100 personal bond, not guilty
• 38:16
  plea. I will enter a not guilty plea,
• 38:19
  give you a personal bond. You don't post any money, but
• 38:21
  you cannot leave the state without the consent of the court
• 38:24
  or violate a law. You must appear in court is
• 38:26
  directed. You go out in the hall.
• 38:28
  Let's go to the prosecutor. Prosecutor will call you when
• 38:31
  you'll go. Talk to him.
• 38:32
  Either way, you're coming back in front of me.
• 38:33
  OK. Thank you.
• 38:35
  Thank you. Is priority waste here yet,
• 38:38
  Heather? No, she is not back yet.
• 38:41
  All right. And Mr. Rahman's not back.
• 38:44
  And Mr. Werblin. No, I'm not sure where they are.
• 38:49
  They're out here. I'm not sure what's going on
• 38:52
  though. Not either.
• 38:54
  OK. Are you?
• 38:55
  You're not going to drive now? Come on, Mr. Werblin.
• 38:58
  Give me a break. I'm not driving.
• 39:00
  You're on. I've been parked here since
• 39:01
  8:30. Ali Abdullah Ahmad,
• 39:11
  25-T647-O79-A and B. Is that Mister Ahmad next to
• 39:16
  you? That is your honor.
• 39:18
  Your name, Mr. Ahmad. Yes, Sir.
• 39:21
  Can you state your name? Ali Abdullah Ahmed, Mr.
• 39:24
  Werbling, your appearance, this is for you. 64 AI can't hear a
• 39:32
  word you're saying. You're cutting in and out.
• 39:41
  All right. Can't hear you, Mr. Warbling.
• 39:53
  I don't know if it's any better. Where are you?
• 40:08
  I don't know if that's bad or Judge.
• 40:12
  I can't. I can't speak.
• 40:13
  You're frozen. Where are you right now?
• 40:19
  Where are you? Heather, go ahead and reschedule
• 40:25
  this. We'll take is it May 7th?
• 40:29
  Judge, we can do 9:45. 9:45 They, you know, they shouldn't
• 40:39
  be in cars. So Judge Mcnally's off to an
• 40:44
  interesting start today. So Mr. Warbling is like some
• 40:48
  kind of combination between the Lincoln lawyer and DoorDash
• 40:54
  lawyer because he's got his client next to him in the car.
• 40:58
  Did he drive over to, like, the client's house or work and say,
• 41:01
  yeah, come out to the car, we'll do the hearing?
• 41:04
  And then it didn't work. Absolutely bizarre.
• 41:07
  Let's let's go to Florida. Wade Mercer.
• 41:12
  Simply, good morning. I'm Wade Mercer.
• 41:13
  I'm the county judge in Jackson County.
• 41:15
  Standing next to you in just a moment be Mr. John McDaniel.
• 41:18
  Mr. McDaniels and Assistant public defender.
• 41:20
  He's your lawyer today. Our prosecutor, Mr. Bell, and
• 41:23
  other prosecutor, Mr. Mitchell, are both in the courtroom today.
• 41:25
  We only have this one case, Mr. Simply.
• 41:28
  You've been accused of two counts of failure to register.
• 41:30
  They are somewhat related, but technically under Florida law,
• 41:34
  they're two different charges you're accused of.
• 41:36
  I think you're entitled to a bail as far as I can tell, but
• 41:39
  I'm going to listen to the attorneys to before I address
• 41:42
  that. Mister McDaniel, anything on
• 41:43
  behalf of Mr. Simply Mr. He wants to address the court.
• 41:47
  Yawn. And I've tried to.
• 41:48
  Explain to him over and over, but I I don't have anything
• 41:50
  additional. OK, Sir.
• 41:52
  Go ahead. Your honor, I've been having
• 41:55
  problems getting paperwork from Minnesota.
• 41:59
  I was supposed to have some paperwork.
• 42:01
  Done. And then?
• 42:02
  I talked to Officer Lee when I went and did my second.
• 42:06
  I know, I know, but he's still deciding if my bails or if I can
• 42:09
  remove someone with cognizance or if if anything else were if
• 42:13
  I'm just held that's his decision.
• 42:15
  So I have to explain myself to him so that he understand I've
• 42:18
  done a lot of. Those questions, but.
• 42:20
  You're honored. That's why I want to speak to
• 42:22
  myself so I have no interruptions.
• 42:26
  I take care of my mother. She's 75 years old.
• 42:28
  I go to see obviously twice a year.
• 42:31
  I asked her when I went there on the 17th, I told her.
• 42:35
  I said I have to just switch down here because I'm having.
• 42:36
  Problems getting the. Paperwork up there done.
• 42:38
  I said I'm just going to switch my registration down to here.
• 42:40
  I know it it says lifelong if you're down here, but it's not
• 42:44
  because they still have to go by the judge's decision, which the
• 42:47
  judge's decision. I have 15 years of registration.
• 42:51
  So I just seen her on the 17th and I just asked her all the
• 42:55
  stuff and she's supposed to do it and then two days later I
• 42:58
  have a officer. Come up to my house.
• 43:00
  Just to come it up, Your Honor, Your Honor, we're going to
• 43:02
  object to this. He might be getting into the
• 43:04
  facts of the case. That would be beneficial for his
• 43:05
  defense. We just request you give him a
• 43:08
  reasonable bond. I.
• 43:11
  Have no more. Have you seen the complaint?
• 43:14
  Do you know what you're accused of?
• 43:14
  Yeah, I'm not registering, but do you know specifically what
• 43:18
  you're accused of? No.
• 43:21
  It's, it's more than not registering it.
• 43:23
  It's, it's a little more, there's a little more nuance
• 43:25
  there than that. The allegations are that you had
• 43:29
  a Facebook account. I don't.
• 43:31
  That that you did not tell them about.
• 43:33
  I'm just telling you the allegations.
• 43:35
  And. The second allegations, you had
• 43:36
  an employment through that Facebook account you're not
• 43:38
  telling them about. So it's not not registering.
• 43:41
  It's it's, it's the more nuanced than that.
• 43:43
  It's more specific. That's what you're accused of.
• 43:46
  So. Without talking about without
• 43:48
  talking about what the allegations are.
• 43:51
  Do you have anything else you want to tell me for bond
• 43:53
  purposes? The bond.
• 43:55
  I'm just, I have no money and I take care of my 75 year old
• 43:57
  mother. She hasn't even 2 days because I
• 43:59
  haven't been there. I, I don't have no money.
• 44:02
  I, I'm not going nowhere. This is my home.
• 44:04
  I'm building my own home on my mom's property.
• 44:07
  I, I have, this is my home. I'm not going nowhere.
• 44:11
  Mr. Simply your criminal history.
• 44:14
  You know, the number of pages is not always accurate, but the
• 44:17
  number of pages usually will give me an idea of how long
• 44:19
  someone's criminal history is. It's probably 40 pages of
• 44:21
  criminal history I've got from many, many states.
• 44:25
  So you're not going to get a conditional release with this
• 44:27
  kind of criminal history and a felony charge, but you are
• 44:29
  entitled to a bond. I'm going to set your bond at
• 44:31
  $5000 on the first count, 2500 on the second one because they
• 44:35
  are similar and based upon almost the exact same fact
• 44:39
  pattern, but slightly different. So your total bond is $7500.
• 44:42
  Now, Mr. Simply, you don't have to come up with all that money.
• 44:45
  You can go through a bondsman, Sir.
• 44:47
  That's what a surety bond is. Let me, let me finish.
• 44:50
  If you go through. If you go through bonds when
• 44:53
  they would charge you 10% or? Are they going to?
• 44:55
  Negotiate something different with you.
• 44:57
  You get a chance to use the phone in a few minutes or to try
• 44:59
  to post a bomb. But with your history, Mr.
• 45:00
  Simply, you're not a conditional lease candidate.
• 45:02
  Your history is just too long. You do the jail.
• 45:06
  You know, you got to quit interrupting me.
• 45:07
  I'll give you a chance to ask questions, but you got to.
• 45:09
  That's about the third time you've interrupted me or Mr.
• 45:11
  McDaniel. So give us a second to finish.
• 45:12
  Then I'll be glad to listen to your question.
• 45:14
  The jail will give you a notice for your.
• 45:15
  Court date that will be it's. Still the.
• 45:18
  Fail. May the 5th will be a court date
• 45:20
  at 8:30. They'll give you that written
• 45:22
  notice in just a minute, and you'll get to use the phone in
• 45:23
  just a few minutes. Now, do you have any questions,
• 45:25
  Sir? Yeah, I just, I, I don't know.
• 45:32
  I just, I don't know, just put a gun in my head and go.
• 45:37
  Wish you the best Mr. Templar. Mr. Pat Daniel, the that's all I
• 45:50
  have. I I think that I know you got
• 45:52
  the, the e-mail. Did you get the communication
• 45:53
  about the gentleman that was submitted?
• 45:55
  To wow so short morning for judge Mercer he only had the one
• 45:59
  but let's clear something up in the chat Lindsay said to charge
• 46:04
  with having a Facebook account. I don't know if you guys caught
• 46:06
  this, but there was a failure to register in the other state.
• 46:10
  That implies to me that he probably is a sex offender and
• 46:14
  had to register. And one of the conditions there
• 46:17
  was probably no no online stuff. So they found a Facebook account
• 46:21
  that he had. That's what's probably going on
• 46:25
  there. All right, new contestant in
• 46:28
  front of Judge McNally. Let's go back there.
• 46:34
  You don't. I know he was going way over.
• 46:36
  What's your name? Why are you driving like a
• 46:39
  median? Pierce Baby.
• 46:45
  Was he respectful? Come on up here.
• 46:47
  Your name? Detective Robinson.
• 46:48
  He's been respectful of me. I don't know anything about the
• 46:50
  the traffic stop. You don't want to give him
• 46:52
  impeding, have you? I seen a citation just a month
• 46:55
  ago. Something.
• 46:56
  It was window tint. I just talked to him.
• 46:59
  Currently so much power. Let me see, let me see him.
• 47:01
  Can you bring? I'm not sure if.
• 47:02
  The court will. Allow it because of the previous
• 47:04
  citation there. Bring him up Heather or CD.
• 47:09
  Can you bring his name up? Tyler Reno?
• 47:16
  What are you driving like that for?
• 47:19
  Not too sure. How old are you?
• 47:21
  Just turned 19 also you said. Are you did you graduate?
• 47:25
  Yes, Sir. What are you doing now I'm.
• 47:28
  A travel electrician. What was the what was the
• 47:33
  original charge on that 26 R 5145 or two?
• 47:38
  Can you pull that up and see what the original charge was?
• 47:46
  What are they 6 to 10 over you just got?
• 47:50
  Why are you driving like this? You want.
• 47:55
  Pardon. Stuff like that.
• 47:57
  She's. Not driving, I know, but you're
• 47:59
  going 70 on Jefferson. Come on.
• 48:02
  I don't mind if you do. Impeding.
• 48:04
  He's going to pay some money, though.
• 48:06
  You want to do impeding or not? If you don't, that's OK.
• 48:10
  Why don't you change that? And Mr. Rena, slow down.
• 48:16
  Where do you work? I work for a small company on
• 48:19
  Rochester Hills. It's like Phillips Security but
• 48:21
  like the travel local with the electrician company.
• 48:23
  A. A local what?
• 48:25
  It's we it's Phillips security on the Rochester Hills like
• 48:29
  travel with local is an electrician company.
• 48:31
  So travel with raw Michigan and Ohio and in the end it's
• 48:34
  sometimes. We got to slow down this charge,
• 48:40
  impeding responsible or not responsible.
• 48:44
  Responsible. What would you say responsible?
• 48:48
  175, please accept it. You better slow down.
• 48:54
  All right, Good luck. Thanks.
• 49:04
  All right, who do I got then? Anything else?
• 49:09
  Nothing else. People against Loretta and
• 49:17
  Debole, 268-2677. And could I have seated up here,
• 49:22
  Jason murder in that that table right there, ma'am.
• 49:25
  Your name Loretta. You're charged with a
• 49:28
  misdemeanor of failure to respond to two civil
• 49:31
  infractions. So that doesn't become a
• 49:34
  misdemeanor. Now you have the right to an
• 49:36
  attorney. Would you like one?
• 49:39
  OK, we'll give you a lawyer. Go out in the hallway and we'll.
• 49:44
  Either way, you're coming back in front of me after you meet
• 49:46
  with the lawyer. OK.
• 49:50
  People Against Murder, Jason Thomas Murdoch, 266481-O3A and B
• 49:56
  All right, Your name, Sir. Jason Murder.
• 49:59
  So you're going to plead to impeding traffic and they're
• 50:02
  going to dismiss the expired license and expired plate.
• 50:05
  Is that right? Yes.
• 50:07
  Well should have been a lawyer to the charge of impeding
• 50:11
  traffic. Responsible or not responsible.
• 50:14
  Responsible. All right, I'm going to accept
• 50:16
  that plea, dismiss the expired plate.
• 50:18
  I'm going to dismiss the expired license.
• 50:21
  On motion, the prosecutor fines and costs are 175.
• 50:26
  You can go down the hall and take care of that.
• 50:27
  OK, thank. You best of luck.
• 50:40
  All right friends, good morning once again.
• 50:42
  It is TCF live. It is Friday Eve.
• 50:44
  It is so good to have all of you here with me this morning.
• 50:46
  Judging from the amount of people currently watching,
• 50:49
  there's probably some new ones out there.
• 50:51
  If you're new, say hello to us in the chat.
• 50:54
  This is a lovely chat here. Everybody is very friendly, so
• 50:58
  please participate. Say hi.
• 51:00
  Let's let's go over to Judge Oakley, say good morning to him.
• 51:12
  There's no, Yeah, there wasn't supposed to be.
• 51:16
  Good morning. Oh, absolutely.
• 51:19
  That's all record check about experience on behalf of Mr.
• 51:21
  Strategy. Today's date.
• 51:23
  That's a sense, Mr. Genius. Right?
• 51:28
  All right, so we've got November, November 1125 failed
• 51:33
  to display a valid license, and we've got an October 2825
• 51:37
  possession of unregistered firearm.
• 51:40
  If I remember correctly, when I took the pleas, I told Mr. G to
• 51:43
  have G or GGI told Mr. G to have some kind of life plan when he
• 51:48
  came back, right? What's your life plan?
• 51:53
  How old are you? All right.
• 51:55
  What's your life plan? Basically, when I get up, I was
• 52:01
  going to try to get my CEO and slow down when I get up.
• 52:07
  Get out of where? I was on my.
• 52:12
  When I got out of jail, I was going to try to get my CEOI
• 52:16
  told. You have a life planner, you'll
• 52:18
  probably go to jail. That's what I told you.
• 52:25
  Have a life plan or you'll probably go to jail.
• 52:28
  So I wanted you to make my tail wag by telling me what your plan
• 52:31
  is. So you've been waiting.
• 52:34
  Since when was that? So you've been waiting till
• 52:38
  March to come back to go to jail.
• 52:40
  Brother, if I wanted you in jail, I would have sent you to
• 52:41
  jail that day. I gave you time so you can put
• 52:45
  together a plan. I think I said something about
• 52:50
  if you don't have a plan, I'm going to make a plan.
• 52:54
  Something like that. Who you got with you today?
• 53:00
  Your dad. OK.
• 53:06
  Can I talk to Dad? Dad, you mind coming up?
• 53:12
  Remind me, where'd you go to high school?
• 53:16
  Yeah. Did you graduate?
• 53:18
  OK. How far did you get?
• 53:22
  12 Dad, just state your name because you're going to talk on
• 53:27
  the record. Just state your full name.
• 53:31
  Thank you. Living with you.
• 53:38
  OK. Are you happy with where he's at
• 53:43
  in life? OK, I'm like, I'm going to guess
• 53:47
  you haven't been happy with that for a while.
• 53:50
  OK. All right.
• 53:52
  Are you happy with where you're at in life?
• 53:55
  Honest. Be honest with me.
• 54:01
  You got any big dreams? Anything you want to accomplish?
• 54:03
  Any place you want to go? Anything you want to own?
• 54:06
  Tell me what? Tell me you want to start making
• 54:09
  music. You want to start making music
• 54:18
  when? Oh, OK All right.
• 54:23
  OK. What kind of music you make?
• 54:26
  I mean, you sing, you play you you play drums.
• 54:28
  What? Oh, electronic.
• 54:32
  OK, that ain't my thing, but OK All right.
• 54:40
  How you pay your bills now I'm doing I'm.
• 54:44
  Working on my dad and stereo friends.
• 54:47
  What do you do? OK, OK.
• 55:00
  I'm prepared to put you in jail. I don't want to put you in jail.
• 55:04
  I didn't want to put you in jail, March.
• 55:05
  But what I don't like is what I see is what appears to me to be
• 55:11
  a healthy, You're healthy, right?
• 55:13
  You're as healthy as you look. OK.
• 55:15
  It's offensive to me to see what I think is a healthy 21 year old
• 55:19
  that doesn't seem to be doing much with his life.
• 55:21
  That's offensive to me. So give me, how many hours did
• 55:25
  you work last week? It.
• 55:35
  Was like 8 hours, 8 hours. 8 hours.
• 55:43
  OK. How many hours did you work on
• 55:45
  your music last week? OK, so all told, last week you
• 55:55
  spent 20 productive hours. That's offensive.
• 56:01
  That's offensive. Healthy 21 year old man.
• 56:09
  You should be working 60 hour weeks right now, building for
• 56:12
  your future. So here's where we're at.
• 56:22
  You want me to give you jail time today and you're on your
• 56:24
  way? Or you want me to give you some
• 56:26
  time to come back with a plan? You're going to jail unless you
• 56:36
  can come up with some positive use of your time because
• 56:38
  brother, you're, you're taking oxygen that the hard work only
• 56:43
  people in this world need. What do you?
• 56:48
  What do you you mind if I ask you a question?
• 56:52
  How old are you? Where you think you're going to
• 56:55
  be at 49 years old? Take speak up.
• 57:04
  Give me an idea what you think you're going to be doing.
• 57:05
  You're going to be a millionaire.
• 57:09
  No freaking way, dude. No freaking way.
• 57:13
  No, no, no. It's what I know and I'm going
• 57:16
  to tell you why. The only way you're going to be
• 57:19
  a millionaire at 49 with your work ethic is if you happen to
• 57:22
  hit the Lotto. There is no there's not a
• 57:28
  millionaire now anywhere on the globe that at 49 is a
• 57:32
  millionaire at 21 works 20 hours a week on his future, not one.
• 57:41
  That is not the way it happens, dude.
• 57:44
  Your life is not determined by what you want.
• 57:46
  It's determined by the decisions you make, the choices you make.
• 57:53
  First thing you need to do is go out and finish your education,
• 57:56
  get your GED, then get yourself a job that's more than 8 hours a
• 58:05
  week. So once again, I'm going to put
• 58:10
  the question to you because I got a lot of files today.
• 58:12
  You want to be sentenced today or you want to give you a little
• 58:14
  bit of time to come back with a plan?
• 58:18
  Dad, I'll listen to anything you got to say.
• 58:20
  Yeah. Your stuff again, man.
• 58:23
  I don't know if he can, but I'm willing to give him some time to
• 58:26
  try. Are you?
• 58:29
  Does he even listen to you? Yes.
• 58:32
  Good, there's hope for you. How much time do you think he
• 58:35
  needs to put together a plan? That'll make my tail wag.
• 58:42
  Give me a day we. Have 14 that enough?
• 58:50
  May 14th. So only about three weeks. 4
• 58:53
  weeks, Dad. June.
• 58:57
  What? What time, ladies?
• 59:01
  Thank you. You're welcome.
• 59:11
  All right, we'll see you guys back here.
• 59:12
  We'll get you a notice. Thank you, Dad.
• 59:26
  So real quick, I just want to say I appreciate every word that
• 59:29
  just came out of Judge Oakley's mouth.
• 59:32
  You guys tell me what you think in the chat, but I'm in my 50s
• 59:37
  and I work a 70 to 80 hour week because number one, I love to
• 59:41
  work. But #2 I want to be successful.
• 59:43
  Even in my 50s. I'm working hard because I want
• 59:46
  more out of my life. I want to be able to achieve
• 59:50
  more and to have more. So I appreciate what he's
• 59:52
  saying. Anyways, back to Judge.
• 59:58
  All right, you gentlemen had a chance to go over the report
• 1:00:00
  recommendation. Absolutely.
• 1:00:01
  We review the report recommendation.
• 1:00:03
  You've got no additions, deletions, corrections to adopt
• 1:00:06
  the recommendation and hold. OK.
• 1:00:09
  I knew Mr. Evans has some concerns about ability to comply
• 1:00:12
  due to new employment he gained. Where are you working?
• 1:00:15
  Great job he's going to do. When I was saying buildable,
• 1:00:17
  Yeah, out of fake old work. So the first.
• 1:00:20
  Gig's going to be in Ohio. OK, I think that they're.
• 1:00:25
  The ET G's are. How we're going to.
• 1:00:26
  Handle testing. There's a way to do this?
• 1:00:29
  So I don't. Think that this is going to be a
• 1:00:30
  complete impasse. I think getting more program
• 1:00:33
  schedule he's. Going to have.
• 1:00:35
  To time that that may take. A little creativity to get that.
• 1:00:38
  He's back in Michigan for some. We'll work with him.
• 1:00:41
  So if, if you know, are you going to tend to be like you're,
• 1:00:46
  you're still going to be living in Michigan, but you're just
• 1:00:48
  going to go out for the jobs, come back.
• 1:00:49
  This is home base. All right.
• 1:00:52
  So do you have any idea like your, your usual deployment will
• 1:00:55
  be for two weeks at a time and you'll be back or do you know?
• 1:00:59
  Yeah. So we're serving up in Ohio.
• 1:01:02
  I should be coming back every day.
• 1:01:04
  And then after we move to either Pennsylvania or Philadelphia,
• 1:01:07
  it'll be 3 weeks out of a week golfing.
• 1:01:09
  OK. Do you have?
• 1:01:10
  Any idea when you'd be moving out of out of Ohio?
• 1:01:14
  OK, well, here's what I'm going to suggest.
• 1:01:17
  Get as much of the boots on the ground stuff that I'm telling
• 1:01:20
  you to do. Get that as much of that done as
• 1:01:22
  you can before you go to Pennsylvania.
• 1:01:24
  We're going to do whatever we can to work your probation
• 1:01:27
  around your job because we don't want this sounds like a great
• 1:01:29
  job. So we don't want to we don't
• 1:01:30
  want to cost you this job. All right, now I got to tell you
• 1:01:34
  this. He probably already has, but I,
• 1:01:36
  I'm going to tell you this, you're under my thumb for what
• 1:01:39
  are we got like 6 months. So you're under my thumb for six
• 1:01:42
  months, right. The way to get out of this
• 1:01:44
  without being hammered is communicate, communicate,
• 1:01:48
  communicate. If if she I don't care what the
• 1:01:50
  problem is we have if she comes to me, she being miss parole.
• 1:01:53
  If she comes to me, says judge. He's been really, he's great at
• 1:01:57
  communicating with me. He's trying everything I give
• 1:01:59
  him to do. He's really making a good effort
• 1:02:02
  to be a good probationer. Then I'm going to give you
• 1:02:04
  grace, all right, If she comes to me and says we got this
• 1:02:07
  problem, this problem and this problem and I can't get a hold
• 1:02:10
  of him. He seems to have changed his
• 1:02:11
  number and he's just not doesn't seem to be walking the walk,
• 1:02:16
  then you got a problem. But as long as you're making a
• 1:02:18
  good faith effort to comply with probation and you're
• 1:02:21
  communicating with her. If if we got to extend your
• 1:02:24
  probation month just to get some boots on the ground stuff done,
• 1:02:26
  whatever we got to do, we'll get you through successfully.
• 1:02:29
  All right, because that's that's our goal is to get you in a
• 1:02:32
  probation clean, successful completion and be on your way.
• 1:02:38
  OK, that makes sense. All right so let's get back to
• 1:02:41
  sentencing. Was there anything else before I
• 1:02:43
  sentence? Yeah, Your honor room, I think
• 1:02:45
  you can get away all. Cusions.
• 1:02:47
  Individuals been left in an open book.
• 1:02:48
  He's been humbled. Except responsibility and.
• 1:02:51
  Had chances? Seriously.
• 1:02:52
  Like this could be. And you know.
• 1:02:54
  Get by the grace of God. Yeah, good.
• 1:02:56
  She's done. I have a lesson, Mark.
• 1:02:59
  Yeah. Well, it won't be receivable,
• 1:03:01
  all right. Well then, yeah, I guess, he
• 1:03:04
  said. Obviously we should give.
• 1:03:05
  Him a thought on that again, it would go.
• 1:03:07
  Out saying right he should not be drinking.
• 1:03:09
  Because that's been one of the bond conditions.
• 1:03:10
  He's actually dying. He's not drinking.
• 1:03:12
  He's got, yeah. He hasn't.
• 1:03:17
  David stayed up. I can't hear you, I said.
• 1:03:19
  And I do not believe I will start drinking.
• 1:03:20
  Good, good, good. And you learn something
• 1:03:27
  important young enough to make some changes.
• 1:03:29
  Good for you. All right.
• 1:03:30
  Anything else you want me to know?
• 1:03:37
  Yeah, I don't want to sound like Yoda, but there is no try.
• 1:03:39
  Either you're going to communicate or you're not,
• 1:03:42
  right? I mean, it's not like you got to
• 1:03:44
  get her on the phone. She's you're going to have her
• 1:03:47
  e-mail. So, you know, you can e-mail her
• 1:03:49
  at 2:00 in the morning, right? Anything else?
• 1:03:53
  All right, so I'm going to go along with the recommendations.
• 1:03:55
  I'll adopt those in full. I am going to order the four
• 1:03:58
  days on the work program. Once again, we'll work with you
• 1:04:00
  on your scheduling it to whatever extent possible.
• 1:04:04
  Let's get those days done before they got you in Pennsylvania.
• 1:04:08
  Total fines that cost $1300. Can you pay all that today?
• 1:04:13
  Go to when you get downstairs, talk about your options.
• 1:04:16
  Any questions? Good luck with the job.
• 1:04:19
  Mr. Bolas, who do you have? Jacob Kowski Kowsakowski.
• 1:04:24
  And did I hear you tell somebody he's in custody or is in
• 1:04:26
  treatment somewhere, He's in rushed, in recovery.
• 1:04:29
  You're honoring. Where's that at?
• 1:04:31
  It's in New Haven. I don't think I know them.
• 1:04:33
  Are you familiar with it? I'm not familiar with it.
• 1:04:37
  I was notified. Well, I'm actually encouraged
• 1:04:41
  that he's in treatment somewhere.
• 1:04:43
  Yeah. Yeah.
• 1:04:46
  That's. Exactly what I was going to say.
• 1:04:49
  Any idea how long he's in treatment?
• 1:04:50
  Yeah, so we were. Hoping.
• 1:04:55
  That June date, yeah. Yeah, I'll just, I'll just make
• 1:04:58
  a note that he's in treatment today and we're going to
• 1:05:00
  reschedule for June 25, just very briefly.
• 1:05:06
  Yeah, you can. What time we're going to do that
• 1:05:08
  one? Come.
• 1:05:11
  Out over here. So it's not alright.
• 1:05:16
  Yeah, I don't know if she. I don't have.
• 1:05:24
  Oh, that's. All right, I'll keep an eye on
• 1:05:26
  Judge Oakley's court. Let's continue Michigan.
• 1:05:30
  But Judge De Santo. To submit follow up proof of
• 1:05:36
  follow up appointments with your doctor.
• 1:05:39
  This doctor, not elite Health urgent care.
• 1:05:44
  That that's my personal doctor, your honor, that's where I go I
• 1:05:48
  I recently went there to physical with them.
• 1:05:50
  OK, my pediatrician that I went to my whole life, they only,
• 1:05:55
  they only work with people up to the age of 19.
• 1:05:58
  Correct. So then I switched over to them
• 1:06:00
  because they have convenient hours.
• 1:06:02
  They're. Open more late.
• 1:06:03
  OK, so is it only one doc? Well, this is even a nurse
• 1:06:06
  practitioner, not even a doctor, but is there only one doctor
• 1:06:11
  there or are there multiple doctors that you see there?
• 1:06:13
  There are multiple doctors. OK.
• 1:06:18
  So the court's going to grant your motion to use this for
• 1:06:22
  medical purposes. But again, Sir, as I stated, you
• 1:06:28
  may be required to submit proof of follow up appointments
• 1:06:32
  because just as though somebody needs medication for blood
• 1:06:37
  pressure or diabetes or anything of that, cholesterol issues,
• 1:06:41
  whatever may be right, you're utilizing marijuana for medical
• 1:06:44
  purpose similar to that. So if it's a prescription, you
• 1:06:48
  get follow up to follow up appointments for those other
• 1:06:51
  medications. This would fall into that
• 1:06:52
  category. Yes, your honor, and also like
• 1:06:54
  it. It would work well for me to
• 1:06:56
  just keep visiting the the chiropractor because like I
• 1:06:59
  said, every day I work in heavy labor, I pick up heavy things.
• 1:07:03
  I pull up to. 200 Concrete. Yards a day.
• 1:07:06
  So it's just like he could fix me up one day and I'll have
• 1:07:11
  another just for the file. For the record, I'm going to
• 1:07:15
  I'll have him submit to Michelle on a monthly basis, whatever
• 1:07:19
  he's doing on a chiropractic care basis that that.
• 1:07:26
  So I'll have him present on a monthly basis.
• 1:07:27
  The records from the chiropractor.
• 1:07:29
  He's going to go every month. He's going to need to go every
• 1:07:31
  month and so I'll just have him present that to Michelle
• 1:07:34
  whenever he talks with her. And in a minimum monthly.
• 1:07:38
  OK, very good. Thank you.
• 1:07:39
  And also. Like I said, he, he, they told
• 1:07:42
  me it's not more well it is like a bone I'm problem and stuff.
• 1:07:46
  But that is also like my nerves because of my movement that
• 1:07:50
  while they they swell up and sometimes the nerves get pinched
• 1:07:54
  by the bones. I understand that, but just so
• 1:07:56
  you know as well, Sir, right, there are certain ways to move
• 1:08:00
  that you can reduce that. And there's also other ways that
• 1:08:04
  you can, even without medication, improve your body's
• 1:08:10
  movements and joints and muscles and things of that nature.
• 1:08:13
  So just keep that in mind as well.
• 1:08:15
  All right, All right. So I've signed this order
• 1:08:19
  Council. I I just signed, I just signed
• 1:08:21
  the I did the order on the handwritten motion that your
• 1:08:24
  client did, but we can make a copy for your files if you'd
• 1:08:26
  like. I don't need.
• 1:08:27
  Will he need it for any reason? But if he wants a copy of it,
• 1:08:31
  that's fine, he can just go to probation to get that OK.
• 1:08:33
  Very good. Thank your honor.
• 1:08:35
  All right. Thank you.
• 1:08:35
  Thank you. You're welcome.
• 1:08:45
  You too thank. You OK?
• 1:08:46
  Let's go off the record. All right, Mr. Shard.
• 1:08:51
  Good morning, Judge. I'm sorry for the inconvenience.
• 1:08:53
  I we're going to waive our preliminary in this matter.
• 1:08:58
  Hold on, hold on. Which man are you on?
• 1:09:00
  I don't have. Am I miss amalsh?
• 1:09:05
  OK. And so, Council, just for future
• 1:09:08
  reference, please do not log into this court while you're
• 1:09:10
  driving. I, I had 100%, Your Honor,
• 1:09:12
  definitely understand. Same with your client, it seemed
• 1:09:15
  to be a seemed to be a mutual thing today.
• 1:09:18
  Do you need a moment with your client?
• 1:09:19
  She's on Zoom. No, we're ready to go.
• 1:09:21
  We're ready. Did you already speak to the
• 1:09:23
  prosecuting attorney? I have not.
• 1:09:25
  OK, so before we go, we you have to speak with the prosecuting
• 1:09:29
  attorney so that he can waive that as well unless he wants to
• 1:09:33
  hold it. OK all.
• 1:09:34
  Right. Thank you.
• 1:09:35
  You're welcome, Mr. Staniolo. Good morning, Judge Desanto.
• 1:09:43
  How are you? Good morning.
• 1:09:44
  I'm good. Thank you.
• 1:09:45
  How are you? I'm well, thank you.
• 1:09:47
  I'm standing in for Thomas Quartz.
• 1:09:50
  OK, APA Groton, where'd she go? She's on the break.
• 1:09:55
  Oh, OK, Breton is here on your matter.
• 1:09:59
  I know that, Mister. She said that she had been
• 1:10:01
  communicating with Mr. Quartz yesterday, so we'll put you in a
• 1:10:04
  breakout room with her. I've already spoken with her
• 1:10:07
  Judge. I'm sorry.
• 1:10:08
  Forgive me for interrupt. Yeah, I've already chatted with.
• 1:10:10
  Her all right is your client in custody or out of custody my.
• 1:10:13
  Understanding, Mr. Quartz advised the client is in
• 1:10:18
  custody, Judge, Counsel I. Need to keep your camera on
• 1:10:21
  please. Listen, I think it's White,
• 1:10:30
  Kelly. I'm sorry, did my camera turn
• 1:10:33
  off? Forgive me.
• 1:10:34
  It was just your name on there. OK, so, all right, so we'll
• 1:10:38
  we'll have to have them pull your client out.
• 1:10:40
  I don't know who that is. OK.
• 1:10:43
  Wayne County. I'm sorry.
• 1:10:44
  What's that? Council, I'm.
• 1:10:45
  Just going to share the last name Hip Hipshire.
• 1:10:48
  Yes. Yeah, Wayne County knows.
• 1:10:50
  OK, yes, he's in custody, so we'll have them bring him out as
• 1:10:54
  soon as he they can. Wayne County Jail, please
• 1:10:57
  unmute. OK, your name please, Michelle
• 1:11:06
  and Jenna. OK.
• 1:11:10
  You look a little bit different from yesterday.
• 1:11:11
  OK. All right.
• 1:11:12
  Can you grab one of the deputies please?
• 1:11:14
  Yes. Yes, ma'am.
• 1:11:16
  Thank you. What?
• 1:11:19
  Sure, she. Had well.
• 1:11:22
  Anyway. Yesterday.
• 1:11:24
  That's what we're. Trying to hit and see she had a
• 1:11:26
  port. Good morning.
• 1:11:28
  Oh yes, she does. I was just checking to see who
• 1:11:31
  else you had today. Brandon.
• 1:11:35
  Brandon Hipshire. OK.
• 1:11:38
  Is he close because his attorney is logged in with the special
• 1:11:40
  prosecutor? He's in a route right now.
• 1:11:44
  OK. All right.
• 1:11:45
  Very good. We're just waiting for Miss
• 1:11:46
  Yenna's attorney to appear as well.
• 1:11:48
  Are those the only two that you have today?
• 1:11:50
  Yeah, if Hipshire gets here you. Want me to switch her out?
• 1:11:53
  If you don't mind, please. Thank you.
• 1:11:54
  Oh. OK.
• 1:11:56
  OK, OK, all righty. So, OK, so that's all good, Miss
• 1:12:12
  Broton. Yes, your Honor.
• 1:12:16
  OK, we're just waiting for Mr. Hipshire to be brought out.
• 1:12:19
  He's in route in the Wayne County Jail.
• 1:12:22
  All right, well, she waits for the next contestant there.
• 1:12:27
  Let's do this. Let's go back to Judge Oakley.
• 1:12:29
  He has new people. Good.
• 1:12:46
  Morning, Mr. Taylor. Mr. Taylor, how are you?
• 1:12:50
  Excellent. Are you going forward today
• 1:12:52
  without an attorney? Yes.
• 1:12:55
  All right. And have you looked at the
• 1:12:57
  report recommendation of sentencing?
• 1:12:59
  Yeah, I saw it with. OK.
• 1:13:03
  Was there anything in that report?
• 1:13:05
  Oh, we don't have a report for you.
• 1:13:06
  Why don't we have a report? He came in for PSI today.
• 1:13:14
  Sentence at the end of January. 40 OK.
• 1:13:21
  Is engaged in treatment at the year.
• 1:13:23
  Good, good. Because we had an issue with
• 1:13:27
  four programs. OK.
• 1:13:29
  Testing without incident. So my recommendation would be
• 1:13:33
  that we just run. OK.
• 1:13:35
  All right. And you're going to go along
• 1:13:37
  with that? Yeah.
• 1:13:38
  You're working now. Where do you work?
• 1:13:44
  Work for a company. But what do you mean you don't
• 1:13:49
  work? Are you?
• 1:13:50
  You're self-employed. Oh, OK.
• 1:13:52
  Yeah. So you work for a company, but
• 1:13:53
  it's yours. Got you, Got you.
• 1:13:55
  But it's not established. So keep.
• 1:14:00
  OK. Why not?
• 1:14:04
  I know what I don't know, I said one of the years ago back in my
• 1:14:07
  brother. So much protection for you.
• 1:14:10
  Yeah. You should really look into
• 1:14:12
  that. Yeah.
• 1:14:13
  Yeah. You're keeping busy though.
• 1:14:15
  It's been pretty. Slow.
• 1:14:17
  It was nice during the winter time, but it's been pretty slow.
• 1:14:20
  OK. OK.
• 1:14:24
  All right. So what are you suggesting 12
• 1:14:26
  months concurrent? You got a case number on the
• 1:14:30
  other one? OK.
• 1:14:33
  Dash 0095. That's this one.
• 1:14:37
  Oops, I apologize, 25-0704. I'm sorry, one more time, 25-0.
• 1:14:43
  7. 04. OK, All right, all right, let's
• 1:14:48
  just do $1000 fines of cost concurrent probation on the
• 1:14:51
  other terms. Can you pay that today or do you
• 1:14:53
  need to talk about options? Go downstairs and you know how
• 1:14:55
  to, you know how to do that then.
• 1:14:57
  All right, get that taken care of before you get out of the
• 1:14:59
  building. Yeah, actually, it looks like
• 1:15:01
  you already owe us just under 2 grand.
• 1:15:07
  So you're currently making payments.
• 1:15:09
  Just roll it all in. Roll it all in.
• 1:15:11
  All right. Good luck to you.
• 1:15:14
  No, I'm just All right. All right.
• 1:15:18
  Good luck. Who's?
• 1:15:26
  Robin, how much is Robin you? Still need him?
• 1:15:32
  Are you guys ready? Are you waiting for an attorney?
• 1:15:34
  What are you doing? The attorney?
• 1:15:39
  What's your name? What is it?
• 1:15:49
  All right, I got your file ready.
• 1:15:50
  Just waiting for your attorney. All right, well, they wait for
• 1:16:03
  another contestant. Let's change it up.
• 1:16:06
  Get out of Michigan, go down to Fulton County, Georgia.
• 1:16:11
  Judge Mcburney. Judge, it will be an offer.
• 1:16:26
  OK, I'm just going to choose a bunch of master members right
• 1:16:31
  now. Miss Smith.
• 1:16:44
  Let me know when you're ready. OK.
• 1:16:53
  I'm ready. You are ready.
• 1:16:55
  All right, Let me check one more thing.
• 1:16:59
  Excellent. We have pretrial on as well.
• 1:17:01
  OK, Miss Rivers, good morning. Good.
• 1:17:04
  Morning, Dad, I'm ready. All right, you read my mind.
• 1:17:08
  We've got good flow this morning.
• 1:17:11
  We're going to get on the record in Mr. Migwell's case, it is.
• 1:17:16
  Got to get back in there. 25 SC 004117 Mr. Migwell is
• 1:17:24
  represented by Mr. Fortis. Both of them are here in court.
• 1:17:27
  Miss Smith is here representing the state.
• 1:17:29
  Mr. Migwell, Mr. Fortis tells me that you are prepared to enter a
• 1:17:33
  plea today. It's an Alford plea.
• 1:17:35
  We also call that best interest. So it sounds like there's going
• 1:17:38
  to be a disagreement between your version of what happened or
• 1:17:42
  nothing happened at all and what the state's going to tell me
• 1:17:44
  happened. But you've decided that you want
• 1:17:48
  to go forward with your plea. Is that correct?
• 1:17:50
  Yes, Sir. OK.
• 1:17:51
  Today, all we're going to do is the legal side of things.
• 1:17:54
  Miss Smith is going to put you underoath, ask you a bunch of
• 1:17:57
  questions about your rights and about this case, and then I'll
• 1:18:02
  let you know. If I accept the plea, then we
• 1:18:06
  stop. We're not going to get into But
• 1:18:09
  wait, Judge, let me tell you more about Mr. Miguel.
• 1:18:12
  That's important information that I will receive from Mr.
• 1:18:15
  Fortis and you'll have an opportunity to say something if
• 1:18:18
  you want to, but that'll be sometime after Friday because it
• 1:18:22
  looks like Mr. Fortis is. Is it medical records you're
• 1:18:25
  trying to get or what? What is it that is landing on
• 1:18:28
  tomorrow there? There was evaluations and things
• 1:18:32
  of that nature that. Were of your client or of people
• 1:18:35
  who are complaining with it? OK, great.
• 1:18:39
  And you have forecast for Miss Smith generally what it is or
• 1:18:42
  this is going to be news to both of you.
• 1:18:45
  I don't think that we've necessarily talked about it.
• 1:18:48
  It's just an evaluation, things of that that I want to bring
• 1:18:51
  before the court. Got it.
• 1:18:52
  And what is your confidence level that tomorrow is when
• 1:18:55
  you'll get them? My confidence level per my
• 1:18:58
  client should be getting them on Friday through the provider.
• 1:19:02
  OK, I feel pretty good about that.
• 1:19:05
  But I was out of an abundance of cost.
• 1:19:06
  So that's why that was asking for a Monday or Tuesday, just in
• 1:19:08
  case they came in a little bit later or something like.
• 1:19:11
  That got it. OK.
• 1:19:13
  So we've had meaningful conversations that we both knew
• 1:19:16
  it was heading in this direction.
• 1:19:17
  Understood. So Mr. Mcwell, as I said, Miss
• 1:19:21
  Smith's going to put you underoath in just a moment.
• 1:19:23
  It's important that during the conversation we have, if at any
• 1:19:27
  point you have a question or concern, you let Mr. Fordis know
• 1:19:30
  or me know so that one of us can address that.
• 1:19:34
  Will you do that? Yes, Sir.
• 1:19:35
  OK. This is also a first offender
• 1:19:37
  request. OK, Miss Smith.
• 1:19:39
  Yes, Judge. Mr. Mcwell, please raise the
• 1:19:42
  right hand. Do you swear or affirm that the
• 1:19:45
  testimony you shall give in the matter currently before this
• 1:19:47
  court shall be the truth, the whole truth, and nothing but the
• 1:19:50
  truth? OK, you can lower your hand.
• 1:19:53
  Please state your true, correct and legal name for the court.
• 1:19:55
  Sebastian Raphael Mcwill. Are you at this time taking or
• 1:19:59
  under the influence of any alcohol, drugs or medicine?
• 1:20:01
  No, ma'am. And is there any medication that
• 1:20:04
  you would normally take that you haven't been given this morning?
• 1:20:06
  No, ma'am. How old are you and how far have
• 1:20:09
  you gone in school? I'm. 31 years old and I got a
• 1:20:11
  GED. Are you able to read, write and
• 1:20:14
  understand the English language? Yes, ma'am.
• 1:20:17
  Do you understand that you have the right to plead either guilty
• 1:20:20
  or not guilty to these charges, and if you plead not guilty or
• 1:20:22
  remain silent, you may receive a jury trial?
• 1:20:25
  Yes, ma'am. Have you had enough time to
• 1:20:27
  speak with your attorney about all of the facts and
• 1:20:29
  circumstances known to you regarding the charges in this
• 1:20:32
  indictment? Yes, ma'am.
• 1:20:33
  Do you need more time to discuss your case with your attorney
• 1:20:35
  more? Time No.
• 1:20:39
  No. And are you satisfied with his
• 1:20:40
  services? Yes, ma'am.
• 1:20:42
  Council, are you satisfied that your client has a full
• 1:20:44
  understanding of this proceeding?
• 1:20:46
  Also, do you waive the formal reading of the indictment in any
• 1:20:49
  and all defects in the indictment for the purposes of
• 1:20:51
  this plea? I do.
• 1:20:53
  Mr. Mcwell, do you remember being arrested on these charges?
• 1:20:56
  Yes, ma'am. The State is unaware of any
• 1:20:59
  outstanding warrants related to these charges.
• 1:21:00
  Are you or your attorney aware of any outstanding warrants?
• 1:21:03
  No, ma'am, do. You understand that this is a
• 1:21:06
  non negotiated or a blind plea and that the state will
• 1:21:09
  recommend a sentence to the court.
• 1:21:10
  Yes, ma'am. Do you also understand that the
• 1:21:13
  court can impose any sentence authorized by law, including a
• 1:21:16
  higher sentence than that recommended by the state, up to
• 1:21:19
  the maximum sentence for each charge?
• 1:21:21
  Yes, ma'am. Do you understand that if you're
• 1:21:26
  placed on probation of any kind, you cannot violate any criminal
• 1:21:29
  laws of any governmental unit or any special conditions of
• 1:21:32
  probation without being subject to revocation for the balance of
• 1:21:35
  the sentence? Yes, ma'am.
• 1:21:38
  Do you understand that this is a guilty plea which is permanently
• 1:21:40
  recorded on your criminal history?
• 1:21:42
  Yes, ma'am. Do you understand that if you're
• 1:21:44
  charged with a crime in the future that this plea may be
• 1:21:47
  used to enhance that sentencing, including on a federal case?
• 1:21:49
  Yes, ma'am. Do you understand that if you're
• 1:21:52
  currently on probation or parole, your probation or parole
• 1:21:55
  may be revoked based on you entering this guilty plea today?
• 1:21:58
  Yes, ma'am. Are you a United States citizen?
• 1:22:01
  Yes, ma'am. Do you understand that there may
• 1:22:03
  be other adverse or unfavorable consequences as a result of this
• 1:22:07
  guilty plea conviction, just as there would be following a
• 1:22:10
  conviction from a trial? For example, your guilty plea
• 1:22:12
  may affect your right to vote, the right to hold public office,
• 1:22:16
  the right to serve on the jury, the right to obtain a passport,
• 1:22:19
  or the ability to obtain employment.
• 1:22:21
  Yes, ma'am. Do you also understand that by
• 1:22:24
  pleading guilty to a felony you cannot use, receive, possess,
• 1:22:28
  transport or own a firearm, and that if you did, you could be
• 1:22:30
  charged with another felony offense?
• 1:22:32
  Yes, ma'am. Are you asking to be treated as
• 1:22:35
  a first offender under the provisions of the First Offender
• 1:22:37
  Act? Yes, ma'am.
• 1:22:39
  Have you ever plead guilty or nolo contendray to or ever been
• 1:22:42
  convicted of a felony in the State of Georgia or any other
• 1:22:44
  jurisdiction? Yes, ma'am.
• 1:22:46
  No, no, no. I'm sorry.
• 1:22:47
  I'm sorry. Repeat.
• 1:22:49
  The question. Yeah, let's do that question
• 1:22:50
  again. Don't just answer yes to
• 1:22:52
  everything because one of them may be do you want to go to
• 1:22:54
  prison for four years? You say yes.
• 1:22:56
  Great. I don't know what we're doing
• 1:22:57
  with the case. I'm.
• 1:22:58
  Sorry, I'm sorry. Have you ever pleaded guilty or
• 1:23:01
  nolo contendrary to, or ever been convicted of a felony in
• 1:23:05
  the State of Georgia or any other jurisdiction?
• 1:23:07
  No, ma'am. Have you ever been sentenced for
• 1:23:09
  any crime, felony or misdemeanor under the First Offender Act?
• 1:23:14
  No, ma'am. As your lawyer explained what
• 1:23:16
  First Offender Act is? Yes, ma'am.
• 1:23:19
  Do you understand that if you violate the terms of your first
• 1:23:21
  offender sentence or commit a new offense while on 1st
• 1:23:24
  offender probation, your first offender status could be
• 1:23:27
  revoked, you could be adjudicated guilty and you could
• 1:23:31
  be re sentenced up to the maximum sentence for each charge
• 1:23:34
  and this indictment? Yes, ma'am.
• 1:23:37
  Do you understand that you waive any and all defenses, including
• 1:23:39
  any mental health defenses, by answering a plea of guilty?
• 1:23:44
  Yes. Do you understand that by
• 1:23:46
  pleading guilty, you're giving up the following rights?
• 1:23:49
  The right to a trial by jury? The right to remain silent and
• 1:23:52
  not incriminate yourself. The right to see and hear the
• 1:23:55
  witnesses called to testify against you.
• 1:23:57
  The right to the assist either hired by you or court appointed
• 1:24:01
  if you cannot afford an attorney.
• 1:24:03
  The right to the presumption of innocence, which means that the
• 1:24:05
  state must prove beyond a reasonable doubt that you're
• 1:24:07
  guilty of these charges. The right to testify on your own
• 1:24:10
  behalf or remain silent. The right to present other
• 1:24:13
  evidence of your own and call your own witnesses.
• 1:24:16
  And the right to appeal if convicted of these charges after
• 1:24:18
  a trial. Can you repeat that please?
• 1:24:21
  One more time, Real. Quick trial rights.
• 1:24:25
  So those that's what you're giving up in order to enter your
• 1:24:27
  in other words, your right to go to trial, the right to talk to
• 1:24:30
  witnesses. So just tell them you understand
• 1:24:32
  you, you're coming that up. Yes, I understand.
• 1:24:34
  I understand you. So you understand those are the
• 1:24:36
  rights that you'll be waiving by entering this guilty.
• 1:24:38
  Plea. Yes, ma'am.
• 1:24:40
  Council, are you satisfied that your client understands that
• 1:24:42
  these are the rights that they've been waving by entering
• 1:24:44
  this plea? I am.
• 1:24:46
  Mr. Migwell, has anyone forced, threatened or promised you
• 1:24:48
  anything to get you to enter into this guilty plea?
• 1:24:50
  No, ma'am. Are you pleading guilty because
• 1:24:53
  you have decided that it is in your best interest to do so?
• 1:24:56
  Yes, ma'am. Are you aware that even if you
• 1:24:58
  do not admit guilt, that this is a plea of guilty and places you
• 1:25:01
  in the same position as if you were convicted by a jury at a
• 1:25:04
  trial? Yes.
• 1:25:07
  As to indictment #25 SC 004117, how do you plead to counts one
• 1:25:15
  through 3 aggravated assault, Count 4 possession of firearm or
• 1:25:19
  knife during the Commission of or attempt to commit certain
• 1:25:22
  felonies, and counts 5 through 6 Criminal trespass?
• 1:25:26
  Guilty first offender. Is this guilty plea freely and
• 1:25:29
  voluntarily given with full knowledge of the charges against
• 1:25:32
  you? Yes, ma'am.
• 1:25:34
  Do you understand that you do not have a direct right to
• 1:25:36
  appeal from your guilty plea conviction?
• 1:25:39
  But if you believe that there's some type of error in your
• 1:25:41
  guilty plea, you can apply to the appropriate appellate court
• 1:25:43
  to request a discretionary appeal.
• 1:25:45
  Yes, ma'am. Do you understand that that
• 1:25:47
  process has to be completed within 30 days from today?
• 1:25:50
  Yes, ma'am. Do you understand that you only
• 1:25:52
  have four years from today for a felony charge and 12 months from
• 1:25:55
  today for a misdemeanor charge to file a habeas corpus petition
• 1:25:59
  challenging the voluntariness of this plea?
• 1:26:02
  Yes, Yes, ma'am. Thank you, Mr. Miguel.
• 1:26:05
  You are not this case. We're to proceed the trial.
• 1:26:07
  The statement show that on June 28th, 2025, officers of the
• 1:26:12
  Atlanta Police Department responded to a shots fired call
• 1:26:15
  on 2975 Greenbrier Parkway Southwest, That's in Atlanta, GA
• 1:26:20
  and also in Fulton County. When the officers got there,
• 1:26:23
  they spoke with the victims in this case, Asia Watkins and
• 1:26:26
  Adriana Watkins, who stated that while exiting the parking lot in
• 1:26:30
  their vehicle at 3030 Hetland Dr. SW, that's the Bank of
• 1:26:34
  America location that they were shot at by the defendant in this
• 1:26:38
  case that they previously got into a road rage incident with.
• 1:26:43
  When the officer spoke with the victim, they stated that while
• 1:26:45
  on the intersection before exiting to go to that Bank of
• 1:26:48
  America, the car that they were driving almost got into a wreck
• 1:26:53
  with the car that the victim that the defendant in this case
• 1:26:56
  was in. The person driving that car that
• 1:26:58
  the defendant was in, his name is Marquisha Brown.
• 1:27:01
  She was the driver. The defendant was the passenger.
• 1:27:04
  The victims in this case told the Police Department that once
• 1:27:06
  their cars almost collided, they got into a verbal altercation
• 1:27:10
  where they exchanged words with each other.
• 1:27:12
  After the victims got off of that exit, that Greenbrier exit,
• 1:27:15
  the defendant in this case followed.
• 1:27:17
  They then went to the victims. They went to the Bank of America
• 1:27:19
  location that I mentioned earlier to withdraw money from
• 1:27:22
  the the ATM. While at that ATM, the victims
• 1:27:25
  told the police officers that the defendant in this case got
• 1:27:28
  out of the car, shot at them a couple of times and then got
• 1:27:31
  back in the car and drove off. At this time, nobody was hurt,
• 1:27:34
  nobody was nobody was shot from those bullets.
• 1:27:38
  However, the officers were able to track down the car that the
• 1:27:41
  defendant and that driver was in.
• 1:27:44
  Eventually at the time the defendant was not on the scene,
• 1:27:46
  but the officers did get a chance to speak with the
• 1:27:48
  defendant in this case where prior to when in the police
• 1:27:52
  report states that he admitted to shooting the gun.
• 1:27:55
  However, like I said it earlier, no one was hit by those bullets.
• 1:27:58
  Because of that yarn of the defendant was placed under
• 1:28:01
  arrest and charged with the offenses we have in front of us.
• 1:28:03
  If I didn't say earlier, this also occurred in Fulton County,
• 1:28:07
  but those are the facts of the case.
• 1:28:09
  So couple questions. There are two counts of criminal
• 1:28:13
  trespass, which are basically damaged, I'm assuming to two
• 1:28:17
  cars. So Mr. Mikwell shot didn't hit
• 1:28:23
  the Watkins's, but I guess hit cars in the parking lot or near
• 1:28:29
  the Bank of America. That's correct.
• 1:28:31
  It was 2 cars that was present that the bullets went through
• 1:28:34
  their cars. I did speak with the victims
• 1:28:36
  that those cars and they would like restitution for the damage
• 1:28:40
  that was done. They were providing those
• 1:28:42
  receipts. But that criminal trespass
• 1:28:43
  charge does come from the bullets that were shot by the
• 1:28:46
  defendant going into the cars of the other two people.
• 1:28:49
  OK. And there were 3 Watkins's
• 1:28:53
  listed in the indictment, Adriana, Asia and Amana.
• 1:28:58
  Yes, Amana is the child that was sitting in the back seat.
• 1:29:02
  OK, so she's the third person that.
• 1:29:05
  Got it. And you're saying all three of
• 1:29:07
  them got out of their car and went either to an ATM or into
• 1:29:12
  the bank, but it was while they were effectively pedestrians
• 1:29:15
  that they got. I'm sorry, No, go ahead.
• 1:29:17
  It's. My understanding that they
• 1:29:18
  pulled up to a like a driver ATM OK Driver got out of the car and
• 1:29:22
  that's when defendant got out to shoot it.
• 1:29:24
  OK, And so you think the facts would show one person is out on
• 1:29:29
  her feet, the other two are still in the car?
• 1:29:31
  Mcwell, not the driver of the other car.
• 1:29:35
  A passenger gets out and fires some shots in their direction.
• 1:29:40
  OK. We also have video footage from
• 1:29:43
  the beauty supply store that's next to the miracle store that
• 1:29:45
  shows a car circling around someone getting out and stood in
• 1:29:49
  most of the. Time.
• 1:29:49
  OK, that car being Miss Brown's car.
• 1:29:51
  That's correct. OK.
• 1:29:52
  Thank you so much. Excuse me, That's Mr. Mcwill.
• 1:29:56
  So I'm sorry. We'll.
• 1:30:01
  Get there. Good morning, miss party.
• 1:30:03
  It's. My vehicle that ain't Miss
• 1:30:05
  Brown's vehicle. That's good morning, Your Honor.
• 1:30:07
  How are you? Wonderful.
• 1:30:09
  Wonderful is a great way to be. Do you have any criminal history
• 1:30:13
  information on Mr. Miguel? I have three.
• 1:30:17
  I'm showing three arrest cycles, but no felony convictions to
• 1:30:21
  report at this time. Thank you.
• 1:30:25
  You're welcome. All right, so Mr. Fortis, I'm
• 1:30:33
  happy to hear from you some now. You certainly will have a chance
• 1:30:38
  to say more later. It's clear Mr. Well wanted to
• 1:30:40
  say something. And maybe it was his car that
• 1:30:42
  Miss Brown was driving. Neither here nor there.
• 1:30:45
  In my mind, it's all about the gun.
• 1:30:49
  But I don't want to preclude you from saying something right now.
• 1:30:52
  We're not getting into sentencing right now.
• 1:30:54
  I didn't even ask the state its recommendation.
• 1:30:56
  I'm just seeing is there a factual basis, did Mr. Mcwell
• 1:30:59
  understand the questions etcetera, such that there are
• 1:31:03
  all the legal requirements for a plea that you are making?
• 1:31:07
  It sounds like under offered and want to be first offender.
• 1:31:10
  I'll defer the first offender piece because that's a
• 1:31:12
  sentencing piece until we reconvene.
• 1:31:14
  But anything you want to add on the procedural front?
• 1:31:17
  I mean, Judge, I, I, I'd like to defer because I think it, it, it
• 1:31:20
  all encompasses into the sentencing.
• 1:31:23
  The only thing that I would say that that was left out, that I
• 1:31:25
  think that the court should consider for the purposes of why
• 1:31:27
  we're here today is 2 things or three things #1.
• 1:31:32
  Mr. Miguel's story would be a little bit different in that
• 1:31:36
  while there was an argument going back and forth, Mr.
• 1:31:39
  Miguel, they were going in the same direction.
• 1:31:41
  And while they were going into the same direction, the alleged
• 1:31:43
  victims in in this case continued to follow their car,
• 1:31:48
  yelling at them. And actually, when they all got
• 1:31:49
  out of the car, the alleged victims in this case picked up a
• 1:31:53
  brick through the brick, through my client's window of the car,
• 1:31:57
  of the car window. That brick, from my
• 1:31:59
  understanding, was turned over to the police.
• 1:32:01
  And I do want the court to know that he was not arrested on the
• 1:32:04
  scene. He was actually called I think
• 1:32:07
  by South Fulton or you, not APD and asked about the event.
• 1:32:13
  And he was like, hang on, let me just come on down there.
• 1:32:15
  They asked him to come down there and he voluntarily went
• 1:32:18
  down there. And at that particular point in
• 1:32:20
  time, while he was giving a statement prior to him being
• 1:32:22
  represented, he was arrested. So I think that that's a very
• 1:32:26
  important point that that needs to be told to the court for
• 1:32:29
  consideration regarding a little bit more in depth of the factual
• 1:32:33
  scenario of what happened. That's generically what happened
• 1:32:35
  that I'd like to defer once we get to the sentencing component,
• 1:32:39
  but I do think that the state laid out at least a factual
• 1:32:42
  basis for that. So no objection on that part,
• 1:32:46
  all right. Mr. Mcwell, do you have any
• 1:32:48
  questions so far about what we've been discussing?
• 1:32:52
  OK, well I'm going to accept your guilty plea.
• 1:32:55
  I find there is a factual basis for your plea.
• 1:32:59
  I guess let me let me suss out a little bit more of the offered
• 1:33:03
  part or maybe we can. Defer.
• 1:33:05
  That as well, because I'm accepting the plea.
• 1:33:07
  It doesn't sound like your client is denying that he got
• 1:33:11
  out of the car and fired the gun you're providing.
• 1:33:14
  I'm gonna call it justification, explanation.
• 1:33:16
  We'll figure out what it is. It's it if it was full
• 1:33:19
  justification, you go to trial. But they're certainly
• 1:33:22
  extenuating circumstances that I ought to understand as I'm
• 1:33:25
  thinking about what an appropriate sentence is.
• 1:33:29
  But it doesn't sound like it's offered in the sense of I wasn't
• 1:33:33
  there. I wasn't the one who did the
• 1:33:35
  shooting, I didn't have a gun or anything like that.
• 1:33:38
  That the facts that other than maybe What Car was where and not
• 1:33:43
  talking about the brick, but the the facts to me, the operative
• 1:33:46
  facts of getting out of the car, pulling out a gun and firing the
• 1:33:49
  gun. It sounds like Mr. Mcwell is
• 1:33:52
  admitting that all those things happened.
• 1:33:54
  But context is critical and you have already begun to put it
• 1:33:59
  into do more context and we'll do more of that when we
• 1:34:02
  reconvene. So I'm I'm not opposed to
• 1:34:05
  offered, but I need to always understand it.
• 1:34:07
  And let's take the criminal, the criminal trespass.
• 1:34:10
  If you fire a gun and the bullets went messed up someone's
• 1:34:13
  car as criminal trespass, I don't know what the offered part
• 1:34:16
  of that is. Well, as far as the the criminal
• 1:34:20
  damage part of it, I think the court has a good point, but I
• 1:34:23
  think as far as the aggravated assault, was it justification or
• 1:34:25
  was it going to be, you know, us being asserting a self-defense
• 1:34:30
  argument and whether, whether it was going to rise to the level
• 1:34:33
  legally of of the self-defense argument.
• 1:34:36
  And I think that after much back and forth, I think that what we
• 1:34:39
  what my client realized is several things.
• 1:34:42
  Number one, put it accepting responsibility, putting this
• 1:34:44
  behind him, I'm in moving forward and not wanting to take,
• 1:34:48
  you know what could be an adverse decision by a jury and
• 1:34:51
  that risk. Right.
• 1:34:53
  Jury might not be impressed with you shooting at a car that had a
• 1:34:55
  little kid in it, OK. And I think that was a
• 1:34:58
  determinate factor. But was there potentially a
• 1:35:02
  self-defense argument that could have been made sure, but wasn't
• 1:35:05
  comes down to the reasonable on the standard and do we get there
• 1:35:08
  OK? I want to pause it for just a
• 1:35:12
  minute because they're talking about an Alford plea and not
• 1:35:15
  everybody might know what that is.
• 1:35:16
  Specifically, an Alford plea is a guilty plea where a defendant
• 1:35:20
  maintains their innocence but admits that the prosecution has
• 1:35:24
  enough evidence to likely secure a conviction, allowing them to
• 1:35:28
  accept a plea bargain to avoid a harsher, higher risk sentence at
• 1:35:32
  trial. I just wanted to take a moment
• 1:35:34
  because we don't often hear the whole Alford thing here, so just
• 1:35:38
  want to make sure everybody's up to speed.
• 1:35:40
  Then, Mr. Mcwell, as I said, I find there's a factual basis for
• 1:35:44
  your plea. I'll accept it as an offered
• 1:35:47
  plea to counts one through 4:00 and then a guilty plea to counts
• 1:35:53
  5 and 6. That's the criminal trespass,
• 1:35:56
  the damaging of the two other people's cars.
• 1:35:59
  Either you had really bad aim or you weren't aiming directly at
• 1:36:02
  the car you were shooting at because you get two other cars.
• 1:36:06
  That doesn't change anything we're going to do.
• 1:36:07
  I just, I don't like to Willy nilly hand out Alford.
• 1:36:10
  If there actually is fact, there are facts to support it.
• 1:36:16
  We'll. Defer.
• 1:36:17
  The discussion about first offender.
• 1:36:19
  But I do find that your plea is knowing, meaning you've
• 1:36:22
  understood what we were talking about and when you didn't, you
• 1:36:25
  and Mr. Fortis had a huddle. Then you answered the question.
• 1:36:29
  I also find that your plea is voluntary, meaning no one is
• 1:36:31
  forcing you to enter this plea, but you've decided after
• 1:36:34
  consulting with your lawyer that you want to go forward with this
• 1:36:37
  plea. Do you agree with that as both
• 1:36:39
  knowing and voluntary? Yes, I agree.
• 1:36:41
  OK, then that's what we're going to do.
• 1:36:44
  Mr. Forrest, can someone in my office sign your name to the
• 1:36:47
  indictment indicating the plea in this case?
• 1:36:50
  Yes. Miss Smith, can we sign for you?
• 1:36:52
  Yes. Judge and Mr. Mcwell, can we
• 1:36:54
  sign for you? Yes.
• 1:36:55
  Sir. All right, we'll do that.
• 1:36:57
  I think that's all we'll take care of today.
• 1:37:01
  Are you still wearing an ankle monitor?
• 1:37:02
  No. No.
• 1:37:03
  Sorry, six months was up, so it came off OK All right.
• 1:37:07
  Anything else, Miss Smith? For now, nothing.
• 1:37:10
  Further thank. You do you think you'll have
• 1:37:11
  restitution information by next week?
• 1:37:14
  It sounds like we're not going to have trial next week, so it's
• 1:37:16
  going to be easy to find time consistent with everyone's
• 1:37:19
  schedule to get Mr. Mcwell back. I.
• 1:37:21
  Haven't seen that yet. I haven't seen any restitution.
• 1:37:23
  Right. Well, you'd need to see.
• 1:37:24
  That's why I'm asking. You can't see it if she doesn't
• 1:37:25
  have it, right? I Yeah, OK.
• 1:37:29
  That mean I don't mind deferring it.
• 1:37:30
  That's that's normally how it works.
• 1:37:32
  I just was curious if we'd be able to wrap it all up.
• 1:37:34
  I'm not going to delay the sentencing for that.
• 1:37:36
  We can always revisit a modification of the sentence if
• 1:37:39
  Miss Smith gets paperwork. You look at it and say this is
• 1:37:43
  legit. Look, there's a picture of a
• 1:37:44
  bullet went through the door. It cost $400 to fix the door.
• 1:37:47
  That's restitution. That need not prevent us from
• 1:37:52
  getting to the more essential part, which is what's going to
• 1:37:54
  be the sentence for Mr. Mcwell. So I think we're at a close for
• 1:37:58
  today. I will have Miss Nelson work
• 1:38:00
  with the two of you, Miss Smith and Mr. Fordis, about scheduling
• 1:38:05
  Part 2 of this next week. Let Mr. Fordis know your work
• 1:38:09
  schedule because I think I can be pretty flexible.
• 1:38:12
  I'm. Flexible.
• 1:38:12
  So I work for Amazon Flex so OK great.
• 1:38:15
  Then it'll really be where you have to be and when throughout
• 1:38:17
  next week and we'll find a time. Next week, the minute I get it,
• 1:38:20
  I'll get in touch with Miss Nelson, I'll copy the DA and
• 1:38:23
  then we'll we'll set it down for next week and conclude the
• 1:38:26
  matter. OK.
• 1:38:28
  Sounds good. Thank you, everyone.
• 1:38:29
  Thank you. Judge, it's good to see you.
• 1:38:31
  Same. It's TCF live on a Thursday.
• 1:38:35
  I hope you're all enjoying your morning so far.
• 1:38:37
  I know I am. Got about another hour and a
• 1:38:39
  half worth of show to go. Let's go back up to Michigan.
• 1:38:43
  We'll say. Good morning to Judge Simpson
• 1:38:46
  Report in the office. Of the public defender.
• 1:38:48
  Both people do not believe that any such conflict issue make
• 1:38:51
  this waiver and avoidance all there.
• 1:38:54
  What it does Porsche Feast of Press assistant public offender
• 1:38:59
  be likewise. Why were you I'm?
• 1:39:00
  Looking for my boss. What?
• 1:39:02
  Looking for my boss. This is no movie.
• 1:39:04
  She took scans. Oh, where is she?
• 1:39:06
  I don't know. She was here a second ago.
• 1:39:08
  I like her better. Than I know that's why I'm going
• 1:39:09
  to find. It for you, Judge.
• 1:39:11
  Thought I'd point it out, but go ahead I'll.
• 1:39:13
  I'll hear. Thank you, Judge.
• 1:39:14
  We likewise do not believe that the conflict exists but should
• 1:39:17
  have conflict Iraq. We would wave said conflicts for
• 1:39:19
  any and all cases before the armed court today asked this
• 1:39:21
  court to please hear them to be honest.
• 1:39:24
  The court for each part also does not believe that there's a
• 1:39:26
  conflict either any court rules or the cases provided there
• 1:39:29
  under. To the extent a conflict does
• 1:39:31
  exist, given the waivers, the court will consent to hear the
• 1:39:34
  matters. Court does call the case of the
• 1:39:36
  People versus Derek Stewart putting on a ring to cook those
• 1:39:39
  events. Stewart.
• 1:39:52
  Jordan start. We're just waiting for your
• 1:39:58
  attorney to enter the courtroom. Well, before we go ahead, is
• 1:40:29
  there a, is there a new report in Mr. Short's case?
• 1:40:34
  Julie Gaines, Senior Assistant Public Defender Yes, there is
• 1:40:37
  Joanna. We received a report last week
• 1:40:40
  before last because. I don't have a copy of that.
• 1:40:43
  Report. I can.
• 1:40:46
  Was that a report finding him confident?
• 1:40:48
  That is correct, Joanna. Can you send that?
• 1:40:51
  Let me pass it briefly. Send that to Anne.
• 1:40:54
  She'll get it to me. And that way I can review it.
• 1:40:56
  We can handle it today. All right, Mr. Stewart, I'm
• 1:41:00
  going to pass your matter briefly.
• 1:41:01
  OK. All right.
• 1:41:07
  Thank you, Mr. Stewart. Court calls the case, People
• 1:41:11
  versus Will Nisha Crosby. Good.
• 1:41:14
  Morning, your honor. Ashley Bells for the people.
• 1:41:18
  Your Honor System Plug founder Davi Lee.
• 1:41:20
  Before him is Crosby and I do the Green Sheet.
• 1:41:23
  Great. Good morning, Crosby.
• 1:41:27
  Crosby, how are you doing? I'm doing great.
• 1:41:30
  How are you? OK, could be better.
• 1:41:33
  Yeah, I got it. I don't even know why I asked,
• 1:41:35
  Right. You're seeking to adjourn this?
• 1:41:39
  Yes, John. I've reached out to the Wayne
• 1:41:41
  County Jail and left a message, but unfortunately I haven't yet
• 1:41:43
  been able to actually have a meeting with SB.
• 1:41:48
  And how much time did you need? 2 weeks or three?
• 1:41:51
  I would hope we could get this done in two weeks, Your Honor.
• 1:41:54
  Probable cause conference in this matter.
• 1:41:55
  Then we'll be into May 7th, 2026.
• 1:42:00
  Nine AM Bond will continue. Thank you.
• 1:42:04
  Thank you. Recent.
• 1:42:11
  Court that's called the case People versus Anthony Reeves.
• 1:42:14
  And your Honor, Reagan, 50. Yeah, or Alex can get it.
• 1:42:25
  I'm sorry, I didn't mean to go off after Anthony Reese.
• 1:42:29
  Anthony, would you state your name for the record?
• 1:42:32
  Yes, My name is Anthony Lamar Reese.
• 1:42:35
  Thank you, Sir. Judge, I don't have all the
• 1:42:37
  discovery yet. I should have it this week.
• 1:42:41
  Hopefully I can arrange a visit with Mr. Reed in Lapeer, the
• 1:42:45
  correction facility. Could we?
• 1:42:47
  Is it possible to adjourn this out about 3 weeks?
• 1:42:50
  I want to adjourn. I'm sorry.
• 1:42:53
  I want an adjourning. I want to go for a dismiss.
• 1:42:58
  You want to do what it It can't be dismissed at this point, Sir.
• 1:43:03
  You say it can't. It cannot.
• 1:43:06
  But your your attorney is indicating he doesn't have all
• 1:43:09
  the discovery to be able to talk about the case with you.
• 1:43:13
  Well, I ain't got a chance to. Can I get like a second to talk
• 1:43:19
  to the attorney before y'all journey?
• 1:43:21
  Because I don't really want an adjournance to three weeks.
• 1:43:28
  OK. Mr. Mr. Reeves.
• 1:43:33
  If you, if you would let me adjourn it, maybe.
• 1:43:35
  Two weeks I could hopefully set a visit for you and get you to
• 1:43:38
  discovery. I know you're anxious to deal
• 1:43:41
  with this, but you and I need to talk about the case.
• 1:43:46
  How about one week, man? Well, I don't.
• 1:43:49
  I can't do one week that this isn't a negotiation really.
• 1:43:53
  I can't do one week. The shortest period is 2 weeks
• 1:43:56
  because we have to do a video writ for you, but that's the
• 1:44:00
  best. If you're looking to speed this
• 1:44:02
  up, that's the best we can do. All right, Rubble cause
• 1:44:12
  conference May 7th, 2026 9:00 AM.
• 1:44:15
  Thanks. Attention workouts case people
• 1:44:22
  versus Torino Rogers on your honor reading book for the
• 1:44:26
  people. Torino, Rogeron.
• 1:44:32
  Assistant Bug Thunder Davi leave on behalf of Mr. Rogers, Sir.
• 1:44:36
  Rogers, state your name again, Sir.
• 1:44:39
  Torino's Molly Rogeron. Thank you, Sir.
• 1:44:42
  There. I've been requesting
• 1:44:43
  adjournment. I have not been able to meet
• 1:44:44
  with Mr. Rogers. However, I do have that set up
• 1:44:46
  for tomorrow. You what?
• 1:44:48
  I do have that set up for tomorrow.
• 1:44:50
  Tomorrow you're going to meet with us.
• 1:44:51
  Yes. So 2 weeks would be good.
• 1:44:53
  That'd be perfect, Your Honor. Thank you. 7026 nine AM fine to
• 1:44:57
  continue. Or does call the case of the
• 1:45:05
  people versus Evan Sherbert, Senator Davi Lee bound Sherbert.
• 1:45:18
  Sherbert, can you state your name, please, again, Evan
• 1:45:21
  Sherbert. All right, I have before me a
• 1:45:23
  plea form. Is that what we're doing today?
• 1:45:25
  It is your honor. Plea form indicates that the
• 1:45:27
  defendant will be pleading to the stated count to a receipt on
• 1:45:32
  a stolen property, 200 to 1000. That's a one year misdemeanor.
• 1:45:36
  Upon a successful plea to that charge, count 1 would be
• 1:45:39
  dismissed. There is that is the court's
• 1:45:42
  full understanding of the agreement.
• 1:45:43
  That's correct, Your honor. Correct, Your Honor.
• 1:45:45
  All right, Sir, if you can, please raise your right hand.
• 1:45:50
  Do you solemnly swear or affirm? Testimony you're about to give
• 1:45:53
  will be the truth, the whole truth.
• 1:45:54
  It's nothing but the truth to help you get.
• 1:45:56
  Yes, your Honor. State your name please.
• 1:45:59
  All. Right.
• 1:46:01
  You can put your hand down, Sir. It is this court's understanding
• 1:46:04
  that you're going to plead guilty to the charge of receipt
• 1:46:06
  and concealment of stolen property 200 to 1000.
• 1:46:09
  That is a misdemeanor punishable by up to one year incarceration.
• 1:46:12
  At $2000 fine plus court cost, the fine could be increased at
• 1:46:15
  three times the value of the property taken.
• 1:46:17
  If that's greater than $2000, that would become the maximum
• 1:46:20
  fine. You understand that, Sir?
• 1:46:22
  Yes, you're right. You also understand, Sir, that
• 1:46:25
  while I'm taking your plea, I would not be your sentencing
• 1:46:28
  judge and you would be sentenced before Judge Fresh Hour in the
• 1:46:31
  1483 District Court. Yeah, you're right.
• 1:46:35
  Still wish to plead guilty? I couldn't hear you.
• 1:46:39
  I'm sorry you still wish to plead guilty.
• 1:46:42
  Yeah, you're right. And to that charge, how do you
• 1:46:45
  plead? Yes.
• 1:46:50
  I didn't hear you, Sir. I.
• 1:46:52
  Couldn't hear you, I'm sorry. OK.
• 1:46:55
  To that charge, how do you plead, how guilty, Your Honor?
• 1:46:59
  And you understand that by pleading guilty, you'll not have
• 1:47:01
  a trial of any kind. Yes, your Honor.
• 1:47:04
  You signed an advisive rights form or had one signed on your
• 1:47:07
  behalf, is that correct, Sir? Yes, Your Honor.
• 1:47:10
  Do you have any questions regarding any of those rights?
• 1:47:13
  I do not, Your Honor, do. You understand that you're
• 1:47:16
  waving all those rights, including your trial rights,
• 1:47:19
  which are contained in paragraph 5.
• 1:47:21
  Yes, your Honor. You understand you're giving up
• 1:47:23
  your right to appeal of right? Yes, you're on it.
• 1:47:27
  Are you on probation or parole? No, you're.
• 1:47:29
  On it, has anybody promised you anything other than what's been
• 1:47:33
  stated here today to get you to plea?
• 1:47:35
  No, you're on it. Anybody threaten your coercion?
• 1:47:39
  No. You're doing this voluntarily
• 1:47:42
  and of your own free will. Yes, I am.
• 1:47:45
  And because you believe that you are indeed guilty.
• 1:47:48
  Yes. You're on it.
• 1:47:50
  September 3rd, 2022 at the location of 9429 Main St. in
• 1:47:55
  Northfield Township, Washtenaw County, State of Michigan.
• 1:47:59
  What'd you do that makes you think that you're guilty of this
• 1:48:02
  offense? I rented a storage locker and.
• 1:48:05
  Taking some items, going back home, you are echoing there.
• 1:48:14
  So you rented the storage locker.
• 1:48:17
  Did you have stolen items in that storage locker?
• 1:48:22
  They were at my house. So at some point, at some point
• 1:48:30
  you came into possession of stolen property, is that
• 1:48:33
  correct? All right.
• 1:48:35
  And you knew that it was stolen? Yes.
• 1:48:41
  All right. And you tried to conceal the
• 1:48:44
  whereabouts of that stolen property from its rightful owner
• 1:48:48
  and or authorities. Is that correct, Sir?
• 1:48:51
  Yes, you're right. All right.
• 1:48:53
  And was the value of the property that you were
• 1:48:56
  concealing, was that in excess of $200?
• 1:49:00
  I believe so, yes. Your.
• 1:49:02
  Honor, All right, Council, you'd stipulate to the value of being
• 1:49:05
  overseas. Yes, your Honor.
• 1:49:06
  Yes, your Honor. All right, Sir, I do have to
• 1:49:09
  advise you that if I accept your plea, can you commit misconduct
• 1:49:12
  between the time of my acceptance of your plea and the
• 1:49:14
  time of sentencing? Misconduct is defined at a
• 1:49:16
  Michigan court rules. You would not be entitled to
• 1:49:19
  withdraw your plea and the court would not be bound by any
• 1:49:21
  sentence evaluation or recommendation.
• 1:49:23
  You understand that, Sir? Absolutely, Your Honor.
• 1:49:26
  All right, just Council aware of any other promises, threats or
• 1:49:29
  other reducements which have led to this plea?
• 1:49:31
  No, Your Honor. And have I complied with the
• 1:49:34
  court? Yes, Your Honor, Court will
• 1:49:36
  accept the defendant's plea of guilty. 2 Count 2 Count 1 is
• 1:49:38
  dismissed. Pre sentence investigation and
• 1:49:40
  report is ordered at 14 Three Probation sentencing in this
• 1:49:45
  matter will be May. 18th at 9:00.
• 1:49:48
  AM May 18th, 2026, 9:00 AM before Judge Fresh Hour.
• 1:49:53
  Thank you Honor bond will continue.
• 1:49:55
  Thank you, Sir, Thank you. Court does call the case of the
• 1:50:04
  People versus Derek of Braddock. I am here.
• 1:50:11
  People Assistant plug Fender Dove.
• 1:50:16
  You leave them on behalf of Miss Braddock and I do the green
• 1:50:18
  sheet. OK.
• 1:50:25
  Miss Braddock, did you state your name?
• 1:50:27
  Yes, my name is Dereka Braddock. Do you have a camera please
• 1:50:32
  ma'am? No, my camera just currently
• 1:50:35
  broke. My son just currently broke it.
• 1:50:37
  I mean my back camera works. I'm going to adjourn it this
• 1:50:40
  time, but if you don't get a camera fixed, you can't appear
• 1:50:43
  by zoom. You got to come down to the
• 1:50:44
  courthouse, you understand that? I understand, yes.
• 1:50:50
  You have not received, don't worry.
• 1:50:52
  Is that the issue? I have received it as of this
• 1:50:54
  morning. I received it this morning.
• 1:50:59
  Got it this morning. OK.
• 1:51:03
  Probable cause conference will be adjourned on May 14th, 1026,
• 1:51:07
  9:00 AM. Thank you.
• 1:51:09
  Bye. Thank you.
• 1:51:12
  Thank you. Court does call the case through
• 1:51:14
  versus Jason Maples. Yeah, we got the people.
• 1:51:21
  Morning, Your Honor. Enjoy the ANC, our system Public
• 1:51:24
  defender representing Mr. Maples.
• 1:51:28
  Mr. Maples is approaching. Would you please state your name
• 1:51:30
  for the record, Sir? Jason, you're in Maples.
• 1:51:33
  Your Honor, this morning we have been able to finalize a
• 1:51:37
  resolution for plea agreement in this matter which would allow
• 1:51:43
  Mr. Maples to continue in the felony recovery Treatment Court.
• 1:51:49
  We just got the the information moments ago that it would be
• 1:51:54
  that the plea agreement we are negotiating is appropriate.
• 1:51:57
  So we're asking for an adjournment in order to
• 1:51:58
  formalize it in writing. There is also a stipulated order
• 1:52:03
  for Mr. Maples to be released. All of that correct?
• 1:52:25
  So what I will do next in fact these and firstly I'll adjourn
• 1:52:29
  it out one week to 30th April, 30th, 2020.
• 1:52:35
  Thanks Ron. We'll continue.
• 1:52:37
  Thank you. Recalls the case of the People
• 1:52:46
  versus Derek Stewart. Thank you, Raymond.
• 1:52:50
  Cook. For the future.
• 1:52:52
  Order 20 AC the public defender representative.
• 1:52:55
  Work. Mr. Derek Stewart, OK, Thank
• 1:53:00
  you, Sir. I now have this order.
• 1:53:05
  Do the people have any additional evidence?
• 1:53:08
  No, you aren't. We would.
• 1:53:08
  Stipulate to the report. We would stipulate to the report
• 1:53:12
  as well. I also believe I submitted A
• 1:53:14
  proposed order. Yes, ma'am.
• 1:53:16
  The court, in reviewing the report and that being the
• 1:53:18
  evidence it was, would find that at this time the defendant is
• 1:53:22
  competent to stay in trial, specifically that the defendant
• 1:53:25
  can understand the nature and objects of the proceedings and
• 1:53:28
  can rationally assist in his defense.
• 1:53:31
  Therefore, the defendant is being competent.
• 1:53:32
  I have signed the order. What would you like to set for?
• 1:53:35
  We would like to set up for a preliminary exam.
• 1:53:42
  He is there, Sir, Yes. That is correct.
• 1:53:49
  What is my three-week date say? Hateful.
• 1:53:56
  It's all discovery. Complete my scan.
• 1:53:59
  That is my understanding. And would the people have their
• 1:54:02
  witnesses available May 12th? Is that three weeks out here?
• 1:54:06
  That is 3 weeks. That should work with us, sorry.
• 1:54:11
  Preliminary examination in person May 12th, 2026, 9:00 AM
• 1:54:16
  before Judge or Judge Moore and will continue.
• 1:54:24
  Thank you. Thank you.
• 1:54:32
  Court does call the case people versus Jenny Liu.
• 1:54:39
  I'm sorry, your honor. Keith Clark, there we are, Your
• 1:54:45
  Honor. Keith Clark, Assistant Attorney
• 1:54:46
  General, on behalf of the People, good morning.
• 1:54:50
  Good morning, Your Honor. Pretty Jeff Torture assistant
• 1:54:54
  boat defender on behalf of Miss Jenny Lewis, who should be
• 1:54:57
  present on Zoom. You're on you.
• 1:55:00
  Have her perfect. You're not a hammer.
• 1:55:04
  Your Honor, my office did speak to her yesterday.
• 1:55:06
  She indicated she'd be here. I do not know why she's not
• 1:55:09
  present. For the record, I'm putting
• 1:55:10
  adjournment but I do not know where she is.
• 1:55:13
  You're asking for an adjournment.
• 1:55:14
  You don't know where she is. Go ahead.
• 1:55:17
  Your honor, we did receive information.
• 1:55:19
  I shared it with defense counsel yesterday that Miss Liu, after
• 1:55:22
  she was given personal bond, took a flight and left the
• 1:55:25
  country. Well, not left the country.
• 1:55:27
  I'm sorry, left the state. She sent a what's called AJ pay
• 1:55:32
  message. To a a.
• 1:55:34
  Fellow prisoner or who was a fellow prisoner at?
• 1:55:36
  The at the. Department of Corrections She
• 1:55:38
  was hopping on a. Plane and leaving.
• 1:55:41
  I can provide that to the court. We have prepared a protective
• 1:55:45
  order. Some of the information in this,
• 1:55:47
  in some of the some of the discovery in this case would be
• 1:55:52
  a threat to community safety or to the safety of the prison.
• 1:55:56
  So there is a protective order. Hopefully Council has a copy
• 1:55:59
  that the court can sign and when the court signs the protective
• 1:56:02
  order, I will provide all the discovery to the defense.
• 1:56:06
  I'm sure we have it have it in our file judge.
• 1:56:08
  I can print the out of the. OK.
• 1:56:10
  You can give it to say I understand and I would sign that
• 1:56:14
  protective order, but her not being in the representations,
• 1:56:19
  what is the bench warrant for the press time because if the
• 1:56:27
  court is going to that benchmark will issue no bound.
• 1:56:30
  Thank you, Judge. Thank your honor.
• 1:56:32
  And your honor, I'm sorry the the court issued the bench
• 1:56:35
  warrant and the bench warrant was for no bond, No bond.
• 1:56:40
  Sorry, Raymond. Thank you, Your honor.
• 1:56:42
  Thank you. Bond.
• 1:56:45
  Yes, and then immediately that warrant will issue immediately
• 1:56:50
  court does call the case so that people versus Abdul Rahman 2
• 1:56:56
  cases. For the people you're on.
• 1:57:03
  Good morning, your honor. Sir, I'm with on behalf of Mr.
• 1:57:05
  Bashir have. Your name please?
• 1:57:13
  Your name, Sir? Come on, I'm the mom, Bashir.
• 1:57:18
  Arrest hasn't virtually set these for exam.
• 1:57:20
  Discovery is complete. The people have their witnesses
• 1:57:25
  available. We're on the 5th, correct?
• 1:57:27
  Did you have have their witnesses available?
• 1:57:29
  The 5th. Possibly go one that's told me.
• 1:57:33
  These are kind of old cases and given the playing the time it
• 1:57:37
  was passed since then, I likely won't be exceeding new officer
• 1:57:40
  for those for these matters. I just have to show you.
• 1:57:45
  Is there going to be any objection to that?
• 1:57:50
  Yes, and I would just leave it to the court and and note the
• 1:57:53
  case. Cyril All right, You good?
• 1:58:01
  All right. We're tougher, right?
• 1:58:07
  Kind of tricked you. No, I think so too.
• 1:58:11
  I'm going to file charges all right you want is he in custody
• 1:58:18
  on anything else and the the people want the additional time
• 1:58:27
  because of the age of the case got to get new that's correct 1
• 1:58:33
  Standish bowl 1-6 year left reason that they are so.
• 1:58:43
  Noting the objection, but also noting that the defendant that
• 1:58:48
  the reason that people have to do what they are doing is
• 1:58:51
  because of the defendant's failure to appear.
• 1:58:53
  I will give that additional week.
• 1:58:55
  I will set these for preliminary examination.
• 1:59:02
  So every being late, I'll set it for May 12th, 2026, 9:00 AM on
• 1:59:09
  both cases. All right, fine.
• 1:59:11
  We'll continue. Which judge left for a?
• 1:59:13
  Second, oh, before Judge, I'm sorry, before Judge Washington.
• 1:59:18
  Thank you. Court does call the case People
• 1:59:21
  versus Darius Cadell. You don't even cook for the
• 1:59:24
  people. Ready, Your Honor.
• 1:59:30
  Good morning to you. Good to see you, Matthew
• 1:59:32
  Mansour, on behalf of Mr. Cadell, who's approaching.
• 1:59:39
  Am I right? Mr. Cadel, could you please?
• 1:59:42
  State your name for judge since. Yes, it is.
• 1:59:48
  Your Honor, I have two things for you have a green sheet and a
• 1:59:51
  Bond violin or yeah, you can get that up to me at some point.
• 1:59:57
  OK. Thank you.
• 2:00:00
  Thank you. You're asking Courtney German.
• 2:00:02
  Yes, please. Your honor, I'm going to start
• 2:00:05
  the negotiation process. I just got the discovery, the
• 2:00:08
  media discovery yesterday so. It's about done.
• 2:00:13
  Why hasn't he gone over to community correction, Your
• 2:00:15
  honor? I've talked to him about that
• 2:00:17
  and him and his mother. He's had transportation issues.
• 2:00:20
  That is not going to happen anymore.
• 2:00:23
  He understands. I know that because I let him
• 2:00:26
  know how serious these matters are, that this court is not one
• 2:00:30
  to play around with. And he knows that he could
• 2:00:34
  potentially incarcerated for not drug and alcohol testing
• 2:00:39
  something like this. It.
• 2:00:42
  Can be fixed and it will be fixed if you just allow.
• 2:00:46
  He will test today. You're not going to test clean
• 2:00:51
  for everything. Yeah.
• 2:00:53
  Yes, Sir. Even marijuana.
• 2:00:57
  You're one second here. Please.
• 2:01:02
  OK, Well next, well the last year you gave me was Washington.
• 2:01:09
  Last time I did it on. Two centers.
• 2:01:13
  You're all right to be. Really.
• 2:01:16
  Honest with you, of course. So what changed that?
• 2:01:20
  Just, you know. Oh, go ahead, I'm listening.
• 2:01:22
  You got to be. Honest and upfront with you
• 2:01:24
  aren't I know how it is. Yes.
• 2:01:26
  Yeah, that's the problem. Marijuana traces might appear,
• 2:01:31
  but he knows marijuana traces might appear.
• 2:01:34
  Upset me. He he used marijuana a few weeks
• 2:01:37
  ago. I don't know if it's in there or
• 2:01:38
  not, but just letting you know, just being honest with you.
• 2:01:41
  And he knows he'll So he got out of jail.
• 2:01:43
  He's not supposed to be using any drugs.
• 2:01:45
  Does he have a medical marijuana card?
• 2:01:47
  No, but he will not use anymore. I.
• 2:01:50
  Didn't use it. Like the day before the day.
• 2:01:54
  It was before, Your Honor, Pardon.
• 2:01:56
  It was before he used marijuana, before he got arrested.
• 2:01:59
  I didn't use it after. And we can track the level.
• 2:02:02
  He will. He's going to comply.
• 2:02:04
  I know he will. I don't know that you can make
• 2:02:11
  that representation, that you know that he will, because he's
• 2:02:13
  not. Thus far I have faith, OK.
• 2:02:34
  OK friends, something tells me that we'll see him again.
• 2:02:39
  Even if he gets past today, I think he'll test positive again.
• 2:02:46
  We're a little bit in the way back machine, so let me bump
• 2:02:49
  past this. Here we go.
• 2:02:53
  Yeah, I'll just put it this way, There is, well, this might seem
• 2:02:58
  minor on this case. Defendant is also on, and I'm
• 2:03:03
  not going to go into detail, but he's on probationary status at
• 2:03:06
  the time of this defense. Part of that probation includes
• 2:03:12
  that he should not be using drugs, should not be using
• 2:03:14
  anything, shouldn't have been using marijuana at that time.
• 2:03:18
  So what I will do is give council time to check into that
• 2:03:22
  and his potential violation of that probation.
• 2:03:25
  I'll adjourn this out one week to April 30th, 2026, 9:00 AM.
• 2:03:31
  At this time, the defendants bond is revoked.
• 2:03:34
  Defendants remained. Or does call the case people
• 2:03:42
  versus Kurt Bushland have? To call this for the people.
• 2:03:45
  They may not be able to bring him out.
• 2:03:48
  Morning, Your Honor. Jay Grant Miller, P58658-ON
• 2:03:51
  behalf of Mr. Bushland, who approaches from the back,
• 2:04:05
  please state your name, Sir. Bushland.
• 2:04:09
  I had before me a plea form that indicates the defendant will be
• 2:04:12
  pleading to an added count 2 of the use of cocaine.
• 2:04:17
  The one year offense punished successfully to that charge.
• 2:04:19
  Count 1 would be dismissed. There is a sentence agreement to
• 2:04:25
  credit for time served in fines and costs.
• 2:04:28
  That's the court's full understanding of the agreement,
• 2:04:31
  correct? That's correct.
• 2:04:32
  Your honor. May.
• 2:04:33
  I haven't sworn. Ryan, you're telling me swear to
• 2:04:37
  affirm. The testimony you're about to
• 2:04:38
  give would be the truth, the whole truth, and nothing but the
• 2:04:40
  truth to help you God. Yes.
• 2:04:41
  State your name, please. Sir, it is this court's
• 2:04:44
  understanding that you're going to be pleading guilty to the
• 2:04:46
  charge of use of cocaine. That's a misdemeanor punishable
• 2:04:49
  by up to one year incarceration and a $2000 fine, plus court
• 2:04:53
  cost. You understand that?
• 2:04:58
  You also understand, Sir, that while I'm taking your plea, I
• 2:05:01
  would not be your sentencing judge and you would be sentenced
• 2:05:03
  before Judge Perry in the 15th. OK.
• 2:05:07
  And that understanding all of that, do you still wish to plead
• 2:05:10
  guilty? Yes, Sir.
• 2:05:13
  You that charge, how do you plead?
• 2:05:15
  Guilty. Do you understand it?
• 2:05:16
  By pleading guilty, you'll not have a trial of any kind?
• 2:05:18
  Yes. Sir.
• 2:05:19
  Signed any advice of rights form or had one signed on your
• 2:05:22
  behalf, is that correct Sir? Any question regarding any of
• 2:05:26
  those rights? Please look at paragraph.
• 2:05:28
  Five. You'll see a copy on the podium.
• 2:05:30
  Those are your rights which are part of a trial, You have said
• 2:05:32
  By pleading guilty you'll be giving up those rights as well
• 2:05:34
  as all the rights on that. Form you.
• 2:05:35
  Understand you're giving up your right to appeal love, right?
• 2:05:37
  Yes, Sir. Are you on probation or parole?
• 2:05:40
  No anybody promised you anything other than what's been stated
• 2:05:43
  here today to get you to plea Nelson.
• 2:05:46
  Anybody threaten your coercion? You're doing this voluntarily
• 2:05:50
  and of your own free will and because you believe that you are
• 2:05:53
  deed guilty. September 22nd, 2026, at the
• 2:05:57
  location of 100 S 4th St. City of Ann Arbor, Washtenaw
• 2:06:00
  County, State of Michigan. Did you have cocaine in your
• 2:06:03
  possession? Had you used it?
• 2:06:06
  Did you know what you were using?
• 2:06:07
  Was cocaine? All right, Sir, I do have to
• 2:06:11
  advise you that if between the time of my acceptance of your
• 2:06:13
  plan and time of sentencing, if you commit misconduct as defined
• 2:06:16
  in court rules, that would not be entitled to withdraw your
• 2:06:20
  plea and the court would no longer be bound by any sentence
• 2:06:22
  evaluation or recommendation. You understand that, Sir?
• 2:06:25
  Is Council aware of any other promises, threats or other
• 2:06:27
  inducements which have led to this plea?
• 2:06:29
  No, your Honor. No, your Honor.
• 2:06:31
  And have I complied with the court rule?
• 2:06:32
  People are satisfied. Yes, your Honor, the court will
• 2:06:34
  accept the defendant's plead guilty 2 Count 2, Count 1 is
• 2:06:37
  dismissed. Pre sentence investigation and
• 2:06:40
  report is ordered at 15th District Court Probation.
• 2:06:42
  Sentencing in this matter will be May 8th, 2026, 8:30 before
• 2:06:49
  Judge Perry. Bond will continue.
• 2:06:52
  Thank you, your honor, thank you for counts case of the people
• 2:06:57
  versa play ask the call to the people.
• 2:07:11
  Good morning, your honor. Wendy Barnwell, P42545I believe
• 2:07:16
  you may have called Andrea Clay when you heard.
• 2:07:20
  Yes, that is the one I called. OK.
• 2:07:23
  Yes, thank you, Judge. She here.
• 2:07:29
  Andrea Clay. She is not here, Miss Barnwell,
• 2:07:33
  Much like you. No, I'm kidding.
• 2:07:36
  Because you won't come see me. It's OK.
• 2:07:39
  My feelings aren't her. You have any notion of her
• 2:07:44
  whereabouts? You know, Judge, I talked to her
• 2:07:48
  godmother this morning and I had also, I had heard from her
• 2:07:53
  godmother had responded. Now let me say this.
• 2:07:58
  I had sent her a text before I saw at 1:00 this morning, I saw
• 2:08:03
  that the the the JA had sent me an e-mail saying that she has to
• 2:08:09
  be here physically, she cannot come and Zoom.
• 2:08:14
  When I initially sent a text message, I told her she may come
• 2:08:19
  in person. I used the word may, but I also
• 2:08:22
  gave her the Zoom number assuming because I asked for I I
• 2:08:28
  accepted the case recently and I asked for resume.
• 2:08:31
  So that has happened where I did.
• 2:08:36
  But then this morning when I saw it, I sent her the text
• 2:08:39
  immediately. Then this morning I called her
• 2:08:42
  godmother and she had enough time to get there.
• 2:08:47
  I called early in the morning. So I, I'd ask that we hold off,
• 2:08:52
  but it, I, it's within your discretion, judge.
• 2:08:57
  I know, Thank you. Thank you though for letting me
• 2:09:00
  know. That go ahead I'm.
• 2:09:02
  Aware that there's a community. Fractions violation as well.
• 2:09:04
  I requested for it. Venture will issue for
• 2:09:07
  dependence, failure to appear bond.
• 2:09:08
  We'll be sending out a $25,000 cash surety.
• 2:09:11
  That warrant will issue immediately.
• 2:09:14
  Thank you, Miss Barnwell. And at some point, you're going
• 2:09:16
  to come back down and actually see us in.
• 2:09:18
  Person, aren't you? Yes, you know, I had a a trial
• 2:09:22
  in an hour that took up a lot of time and I wasn't taking cases
• 2:09:26
  while preparing because it was a big one.
• 2:09:30
  Got it. OK.
• 2:09:31
  Well, we'll. See you soon all.
• 2:09:33
  Right. Thank you.
• 2:09:34
  Have a good day everybody. Court calls case people state of
• 2:09:38
  Michigan versus Michael Burge. Alexander people here are.
• 2:09:44
  Assistant public defender representing Mr. Burge against
• 2:09:49
  coaching. Yeah.
• 2:09:54
  And we are requesting an adjournment for on the ongoing,
• 2:10:00
  ongoing negotiations. You have a green seat.
• 2:10:11
  Two weeks. Yes.
• 2:10:14
  Please all right, Probable Cause Conference will be adjourned May
• 2:10:18
  7th, 2026 9:00 AM by Continue. Thank you.
• 2:10:25
  Thank you, Mr. Burr. All righty friends.
• 2:10:27
  Bonds will continue to continue with Judge Simpson, but as we
• 2:10:32
  enter our final hour of the day here for TCF, let's move along,
• 2:10:37
  go back to Judge McNally. We did, my baby said.
• 2:10:44
  All of a sudden I have a step aside.
• 2:10:47
  I can't hear you, I think. You dismissed my case.
• 2:10:50
  Now I you pled the careless driving the reckless was
• 2:10:52
  dismissed. It was $200 in fines and cost.
• 2:10:56
  I didn't know anything about that second part.
• 2:10:59
  I thought this was when you dismissed it.
• 2:11:02
  I thought that was the entire. I dismissed just the reckless
• 2:11:07
  prosecutor. The prosecutor would have sent
• 2:11:11
  in a stiff form saying that he you were going to plead to be
• 2:11:16
  responsible to him, careless and he was going to dismiss the
• 2:11:19
  records. So that's what it is.
• 2:11:23
  Do you have that $255 to pay? No, I don't.
• 2:11:28
  Why not? Did I do that bad of a job that
• 2:11:34
  day where I didn't explain that to you?
• 2:11:38
  Because I thought when you dismiss, I haven't dismissed
• 2:11:40
  papers. And then I.
• 2:11:43
  Got Pam. I just dismissed the reckless in
• 2:11:44
  the tyranno that was on motion. The prosecutor, I did it because
• 2:11:49
  they asked me to and you pled the careless.
• 2:11:52
  They didn't dismiss both cases with nothing.
• 2:11:54
  I told you $200. That was on July 16th.
• 2:11:57
  That's what I thought I was paying.
• 2:12:02
  But you didn't pay it, did you? I was paying off sent in a week
• 2:12:07
  or something. That's what last I'm just.
• 2:12:09
  Saying they want. I don't even see where I gave
• 2:12:12
  you time to pay. I thought you were supposed.
• 2:12:14
  I thought you were going to pay it all that day, the way it
• 2:12:16
  looks to me. How much money do you have
• 2:12:21
  today? OK.
• 2:12:27
  Did we cancel the warrant on this, Heather?
• 2:12:31
  Yes, yeah, it was cancelled. I see it now.
• 2:12:36
  It just wasn't written on the register.
• 2:12:37
  All right. It defended to pay 100 today.
• 2:12:41
  Does she owe 255 still? I believe now.
• 2:12:46
  Now probably 280 because you missed the show cause on March
• 2:12:49
  31 too. It's 255, Judge.
• 2:12:54
  All right, so you owe 155 after you paid 100 today.
• 2:12:57
  When can you pay that? Am I able to?
• 2:13:02
  Make the payments. Tell me what you can afford to
• 2:13:04
  pay weekly, bi weekly, whatever the case may be. 20, what can
• 2:13:12
  you pay 100 today balance to be paid at rate of you said 2020 bi
• 2:13:21
  weekly. And I'll start that two weeks
• 2:13:23
  from today on May the 7th. Is that OK?
• 2:13:27
  And if you don't have the money, you call the court, We'll go on
• 2:13:29
  Zoom. You know how to use Zoom.
• 2:13:32
  Then we'll go on you call, you call the court, say I want to
• 2:13:35
  talk to the judge. We'll go on Zoom.
• 2:13:37
  I'll give you an extension. OK.
• 2:13:40
  Is that OK? All right, If you don't have the
• 2:13:43
  money, don't be scared. Just call the court and I'll
• 2:13:45
  give you extensions. I don't care how many times we
• 2:13:47
  have to do that. All right.
• 2:13:49
  Thank you. That best of luck to you.
• 2:13:51
  Appreciate it. Where?
• 2:13:53
  How do you support your side? Where at?
• 2:14:01
  How many hours do you work? How much do you make per hour?
• 2:14:08
  I have a lot of. Experiences plus just that is
• 2:14:12
  diagnosis when it's there. I'll tell you what, I'll reduce
• 2:14:15
  your balance, Heather, we're going to reduce your balance.
• 2:14:26
  I'll just indicate the fence balance after the 100 paid today
• 2:14:29
  is 100, not 155, OK. OK.
• 2:14:34
  So you're going to owe $100 after you pay the $100 today?
• 2:14:37
  Yes. All right.
• 2:14:45
  Good luck to you. Thank you.
• 2:14:49
  Thank you. You're welcome.
• 2:14:56
  All right, Matthew, Donald, Jack Mackey, the 3rd, 26648-O92A and
• 2:15:03
  B. Mr. Mackey, your name?
• 2:15:09
  Your name? Donald Mackey, the third.
• 2:15:11
  You're charged with driving on a suspended and equipment
• 2:15:14
  violation. You have the right to an
• 2:15:15
  attorney. Would you like one?
• 2:15:17
  I'll go ahead and arraign you and I'll send you to the
• 2:15:19
  prosecutor then. OK, it is alleged that on March
• 2:15:22
  29th of 26th that you did operate a motor vehicle that
• 2:15:25
  suspended license in the city of Trenton, County of Wayne on West
• 2:15:30
  near Veterans Parkway at nine O 5 in the morning.
• 2:15:32
  That is a misdemeanor punishable by up to $500 in fines, 93 days
• 2:15:36
  jail costs are all those and two points.
• 2:15:38
  Do you understand that? Yes, Sir.
• 2:15:41
  And did you sign, read and understand the advice of rights?
• 2:15:44
  If you plead guilty, you'll be giving up all those rights and
• 2:15:47
  we're not going to have a hearing or a trial.
• 2:15:48
  Do you understand that? Yes, Sir.
• 2:15:50
  You also have a second charge of detective equipment.
• 2:15:52
  You understand me? I had that.
• 2:15:55
  Hey, I have fixed that problem. Did you take it?
• 2:15:59
  That says I fixed it. Show that to the prosecutor.
• 2:16:03
  OK, I'll send you to the to the prosecutor.
• 2:16:09
  I'll enter in a guilty plea, $500 personal bond.
• 2:16:12
  You don't have to post any money, but show him that you got
• 2:16:14
  that repaired. And then you come back in front
• 2:16:18
  of me after you speak to the prosecutor.
• 2:16:20
  OK. Yeah.
• 2:16:23
  That's. So that's prosecuted.
• 2:16:25
  Thank you, Adam. Scott Schrung, 26-T6477-O6A And
• 2:16:31
  B, we have an unregistered vehicle here, charge here and
• 2:16:37
  speeding your name. All right.
• 2:16:40
  So you want a lawyer or you want me just to ring you and send you
• 2:16:43
  to the prosecutor? Yeah, send me to prosecute.
• 2:16:48
  OK, I'll. So I'll go ahead and arraign
• 2:16:49
  you. It is alleged that on February
• 2:16:51
  18 of 26th that you operated an unregistered vehicle on
• 2:16:55
  Jefferson near Slocum and Trenton at 1:43 PM.
• 2:16:59
  That is a misdemeanor punishable by up to $100 fines, 90 days
• 2:17:02
  jail costs of all those. You understand that?
• 2:17:05
  And did you sign, read and understand this advice of
• 2:17:07
  rights? If you plead guilty, you'll be
• 2:17:09
  giving up all those rights and there will not be a hearing or a
• 2:17:12
  trial. Do you understand that you also
• 2:17:15
  have a charge of speeding? That's a one point civil
• 2:17:18
  infraction. Do you understand me?
• 2:17:20
  Yes. You still wish to waive the
• 2:17:21
  right to a lawyer? Yes.
• 2:17:23
  I'm entering a not guilty plea, $100 personal bond.
• 2:17:27
  You cannot leave the state without the consent of the court
• 2:17:29
  or violate a law. You must appear in court as
• 2:17:31
  directed. You understand all that?
• 2:17:33
  Yes. All right.
• 2:17:38
  So this is going right to the prosecutor.
• 2:17:39
  Go speak to the prosecutor and then you're coming back in front
• 2:17:42
  of me either way today. OK.
• 2:17:44
  Thank you. All righty friends, let's head.
• 2:17:52
  Let's head back down to Georgia and new contestant with Judge
• 2:17:56
  Mcburney. One second before we get on the
• 2:18:20
  record, Mr. Heinz. I saw that in the Jeteric Brown
• 2:18:35
  case. There's a need for Mr. Brown to
• 2:18:37
  go out of town. Yes, Your Honor.
• 2:18:39
  Actually, since I sent you that e-mail about his grandfather
• 2:18:43
  being in a coma, his grandfather is sadly succumbed.
• 2:18:46
  OK. Is there still a need to go for
• 2:18:49
  services? Celebration of life.
• 2:18:51
  Yes, Sir. OK, I'll address that.
• 2:18:54
  I know I owed you and Miss Willingham a response on how we
• 2:18:58
  modifying the bond she did get. And I saw you were copying on
• 2:19:01
  them letters from the victim's family.
• 2:19:04
  So I need to process through that independent of that
• 2:19:06
  decision. I'm very comfortable saying 100%
• 2:19:09
  he should. I don't remember where it was
• 2:19:11
  out of town that he needed to go Chicago that that he should go
• 2:19:17
  there. If you can just get a window of
• 2:19:19
  time that that makes sense to get up there, be with family, be
• 2:19:24
  there for the celebration of life and get back.
• 2:19:28
  I, I will do an order to that effect.
• 2:19:30
  Thank you, Honor, I appreciate it.
• 2:19:31
  I know Mr. Brown does too. OK.
• 2:19:35
  But we are here to talk about Miss Scott's case.
• 2:19:38
  So we're going to get on the record.
• 2:19:39
  It's position 5 on our trial calendar. 25 SC 004011.
• 2:19:46
  Miss Scott is here with her lawyer, Mr. Heinz.
• 2:19:49
  Miss Smith is here for the state.
• 2:19:52
  And Miss Scott, Mr. Hines tells me you're ready to enter a plea.
• 2:19:56
  Is that correct? OK.
• 2:19:59
  When you're answering questions, make sure you speak a little
• 2:20:03
  more with an outside voice so the court reporter can hear you
• 2:20:06
  and you just move closer to the microphone, which is great.
• 2:20:09
  I know we looked for a number of other potential resolutions in
• 2:20:13
  your case. People tried and things just
• 2:20:15
  weren't quite the right fit sometimes.
• 2:20:17
  It was good news. You're doing a whole lot better
• 2:20:19
  than some of the programs. They're treating people in in
• 2:20:23
  worse situations. So that was sort of happy sad
• 2:20:25
  news, but I know your lawyer worked hard to see if there
• 2:20:29
  there were other outcomes. But Are you ready to go forward?
• 2:20:33
  Yes. Sir.
• 2:20:34
  OK, Miss Smith will put you underoath in just a moment and
• 2:20:37
  ask you a bunch of questions. If at any time you're confused
• 2:20:41
  by the questions or you just need to talk with Mr. Hines
• 2:20:44
  about what's going on, will you let me know that?
• 2:20:46
  Yes. OK, Miss Smith?
• 2:20:48
  Yes. Sir, Thank you.
• 2:20:50
  Miss Scott, please raise your right hand.
• 2:20:51
  Do you swear or affirm that the testimony you shall give in the
• 2:20:57
  matter currently before this court shall be the truth, the
• 2:20:59
  whole truth, and nothing but the truth?
• 2:21:00
  Yes. OK, you can lower your hand.
• 2:21:03
  Please state your true, correct and legal name for the court.
• 2:21:05
  Alexis Tatiana Scott, are you at this time taking or under the
• 2:21:09
  influence of any alcohol, drugs or medicine?
• 2:21:11
  No. Is there any medication that you
• 2:21:14
  would normally take that you haven't been given this morning?
• 2:21:17
  No. How old are you and how far have
• 2:21:19
  you gone in school? I am 30 and I just graduated
• 2:21:25
  with my bachelor's degree in psychology in May.
• 2:21:28
  Are you able to read, write and understand the English language?
• 2:21:31
  Yes. Do you understand that you have
• 2:21:34
  the right to plead either guilty or not guilty to these charges,
• 2:21:37
  and if you plead not to or remain silent, you may receive a
• 2:21:39
  jury trial? Yes.
• 2:21:42
  Have you had enough time to speak with your attorney about
• 2:21:44
  all of the facts and circumstances known to you
• 2:21:46
  regarding the charges in this indictment?
• 2:21:48
  Yes. Do you need more time to discuss
• 2:21:50
  your case with your attorney? Yes.
• 2:21:54
  No. No.
• 2:21:56
  OK, Well, if you so the question was do you need more time, go
• 2:22:00
  outside, talk with your lawyer about the case or are you good?
• 2:22:04
  If we keep moving forward, we're good, OK.
• 2:22:07
  It's not Mr. Hines wouldn't let you be in here if you needed
• 2:22:10
  more time. So it's a question whether you
• 2:22:12
  are OK going forward. Yes, Yes.
• 2:22:15
  OK. And are you satisfied with your
• 2:22:17
  attorney services? Yes, yeah.
• 2:22:20
  So are you satisfied that your client has a full understanding
• 2:22:22
  of this proceeding? I am Also do you waive the
• 2:22:25
  formal reading of the indictment in any and all defects in the
• 2:22:28
  indictment for the purposes of this plea?
• 2:22:30
  I do for the purposes today. Miss Scott, do you remember
• 2:22:33
  being arrested on these charges? Yes.
• 2:22:36
  The State is unaware of any outstanding warrants related to
• 2:22:38
  these charges. Are you or your attorney aware
• 2:22:40
  of any outstanding warrants? No, we're not.
• 2:22:43
  So, do you understand that this is a negotiated plea of guilty
• 2:22:46
  which means that the state will recommend to the court of
• 2:22:48
  sentence of five years probation?
• 2:22:51
  Yes. Are you aware that the court
• 2:22:53
  does not have to accept that recommendation and the court can
• 2:22:56
  send you to the maximum on each charge and can run those
• 2:22:59
  sentences consecutively? Yes.
• 2:23:02
  Do you understand that if you're placed on probation of any kind,
• 2:23:05
  you cannot violate any criminal laws of any governmental unit or
• 2:23:09
  special conditions of probation without being subject to
• 2:23:11
  revocation for the balance of the sentence?
• 2:23:14
  Yes. Do you understand that this is a
• 2:23:17
  guilty plea that will be permanently recorded on your
• 2:23:20
  criminal history? Yes.
• 2:23:22
  And your honor, just not to sorry to interject.
• 2:23:25
  We are hoping to tender this plea under the principle of
• 2:23:29
  North Carolina fee. Alfred.
• 2:23:34
  All right. We'll talk about that with Miss
• 2:23:36
  Scott. Do you understand that if you're
• 2:23:39
  charged for the crime in future, that this plea may be used to
• 2:23:42
  enhance that sentencing, including on a federal case?
• 2:23:45
  Yes. Do you understand that if you're
• 2:23:48
  currently on probation or parole, your probation or parole
• 2:23:50
  may be revoked based on you entering a guilty plea today?
• 2:23:53
  Yes. Are you a United States citizen?
• 2:23:56
  Yes. Do you understand that there may
• 2:23:58
  be other adverse or unfavorable consequences as a result of this
• 2:24:02
  guilty plea conviction, just as there would be following a
• 2:24:05
  conviction from a trial? For example, your guilty plea
• 2:24:08
  may affect your right to vote, the right to hold public office,
• 2:24:11
  the right to serve on a jury, the right to obtain a passport,
• 2:24:15
  or the ability to obtain employment.
• 2:24:18
  Yes. Do you understand about pleading
• 2:24:20
  guilty to a felony you cannot use, receive, possess,
• 2:24:24
  transport, or own a firearm and that if you did, you could be
• 2:24:27
  charged with another felony offense?
• 2:24:30
  Yes. Are you asking to be treated as
• 2:24:32
  a first offender under the provisions of the First Offender
• 2:24:35
  Act? Yes.
• 2:24:38
  Have you ever pleaded guilty or nolo contendrary to or ever
• 2:24:42
  been? Have you ever pleaded guilty or
• 2:24:45
  nolo contendrary to or ever been convicted of a felony in the
• 2:24:49
  State of Georgia or any other jurisdiction?
• 2:24:51
  No. Have you ever been sentenced for
• 2:24:53
  any crime, felony or misdemeanor under the First Offender Act?
• 2:24:58
  No. And has your attorney explained
• 2:25:00
  the First Offender Act to you? Yes.
• 2:25:04
  Do you understand that if you violate the terms of your first
• 2:25:06
  offender sentence or commit a new offense while on 1st
• 2:25:09
  offender probation, your first offender status could be
• 2:25:12
  revoked, you could be adjudicated guilty, and you
• 2:25:15
  could be re sentenced up to the maximum sentence for each charge
• 2:25:18
  in this indictment? Yes.
• 2:25:21
  Do you understand that you waive any and all defenses, including
• 2:25:23
  any mental health defenses, by entering a plea of guilty?
• 2:25:27
  Yes. Do you understand about pleading
• 2:25:29
  guilty? You're giving up the following
• 2:25:31
  rights. The right to a trial by jury.
• 2:25:34
  The right to remain silent and not incriminate yourself.
• 2:25:37
  The right to see and hear the witnesses called to testify
• 2:25:39
  against you. The right to the assistance of
• 2:25:42
  counsel, either hired by you or court appointed if you cannot
• 2:25:44
  afford an attorney. The right to the presumption of
• 2:25:47
  innocence, which means that the state must prove beyond a
• 2:25:49
  reasonable doubt that you're guilty of these charges.
• 2:25:52
  The right to testify on your own behalf and remain silent.
• 2:25:56
  The right to present other evidence of your own and call
• 2:25:58
  your own witnesses, and the right to appeal if convicted of
• 2:26:01
  these charges after a trial. Yes.
• 2:26:04
  Counselor, are you satisfied that your client understands
• 2:26:06
  that these are the rights that they'll be waiving by pleading
• 2:26:09
  guilty to these charges? I am.
• 2:26:11
  Miss Scott, has anyone forced, threatened or promised you
• 2:26:14
  anything to get you to answer into this guilty plea?
• 2:26:16
  No. As to indictment #25SC004011,
• 2:26:24
  how do you plead to count 1, Criminal Damage to Property in
• 2:26:27
  the first degree and Count 2, arson in the first degree?
• 2:26:35
  Guilty under. Under offered Are you pleading
• 2:26:43
  guilty because you have decided that this is in your best
• 2:26:46
  interest to do so? Yes.
• 2:26:48
  Are you aware that even if you do not admit guilt, this is a
• 2:26:51
  plea of guilty and places you in the same position as if you were
• 2:26:54
  convicted by a jury at a trial? Yes.
• 2:26:58
  Is this guilty plea freely and voluntarily given with full
• 2:27:01
  knowledge of the charges against you?
• 2:27:03
  Yes. Do you understand that you do
• 2:27:05
  not have a right to appeal directly from your guilty plea
• 2:27:08
  conviction? But if you believe that there's
• 2:27:10
  been some type of error, you can apply to the appropriate
• 2:27:13
  appellate court to request a discretionary appeal.
• 2:27:16
  Yes. Do you understand that that
• 2:27:18
  process has to be completed within 30 days from today?
• 2:27:21
  Yes. Do you understand that you have
• 2:27:23
  only four years from today for a felony charge to file a habeas
• 2:27:27
  corpus petition challenging the voluntariness of this plea?
• 2:27:30
  Yes, thank you, Miss Scott. Your honor, this case we're to
• 2:27:34
  proceed to trial. The state would show that on
• 2:27:37
  July 20th, 2024, officers of the Atlanta Police Department were
• 2:27:42
  dispatched to 1011 Northside Dr. NW Atlanta, GA apartment 1215
• 2:27:49
  that's also in Fulton County in reference to a resident breaking
• 2:27:53
  items inside of an apartment. To the state's understanding,
• 2:27:56
  this was a a shared housing building for students that
• 2:28:01
  attended Georgia State University and the person that
• 2:28:04
  called was the roommate of Miss Scott.
• 2:28:07
  When the officers got there, they met Kyla Brown that is one
• 2:28:10
  of the roommates of Miss Brown and also the person who called
• 2:28:13
  911. When they got there, Victim told
• 2:28:16
  the officers that Miss Scott was inside of the apartment,
• 2:28:19
  breaking items, breaking their personal items, and just kind of
• 2:28:23
  blowing up on them. The officers made contact with
• 2:28:26
  Miss Scott when they went into the dorm room or the apartment
• 2:28:29
  complex, and at that time they separated Miss Scott from the
• 2:28:34
  They separated Miss Scott from the apartment complex.
• 2:28:37
  While the officers were doing a search of the apartment, they
• 2:28:40
  went into Miss Scott's room, where they saw that a fire had
• 2:28:43
  begun. They don't.
• 2:28:44
  They didn't, they don't know what materials were used to
• 2:28:47
  start that fire, but it was a fire that had started inside of
• 2:28:50
  Miss Scott's apartment after she had been separated from the
• 2:28:53
  apartment. At this time, the fire alarm
• 2:28:56
  went off, the sprinkler started and those items that were inside
• 2:28:59
  of the apartment were damaged. That first degree criminal to
• 2:29:04
  the criminal damage to property in the first degree kind of
• 2:29:06
  comes from the apartment complex and the fact that they had to
• 2:29:09
  replace those sprinklers and also replace some of the damage
• 2:29:12
  that was made inside of the apartment.
• 2:29:15
  At this time time, Miss Scott was escorted downstairs by the
• 2:29:18
  police. Also, people that were on that
• 2:29:20
  hallway were escorted because everyone had to leave.
• 2:29:22
  When they got downstairs, they spoke with Miss Scott and
• 2:29:26
  eventually arrested her for the charges we have before us.
• 2:29:28
  I did speak with the victims. They're not listed as the
• 2:29:32
  victims in the indictment, but I talked to her.
• 2:29:35
  Her roommates. And she told me that, well, I
• 2:29:37
  talked to Caleb Brown and she told me that this was an
• 2:29:42
  incident that was occurring with Miss Scott where she was just
• 2:29:44
  blowing up on them. It was something she had never
• 2:29:46
  really encountered before. And she was not seeking
• 2:29:49
  restitution at this time. So there's no restitution that
• 2:29:51
  the state is asking for. However, those are the facts of
• 2:29:54
  the case here. When it comes to the negotiated
• 2:29:57
  plea between the state and the defense, we're asking for on
• 2:30:00
  Count 1, five years probation and for Count 2, five years
• 2:30:03
  probation for both of those counts to rank concurrent and
• 2:30:06
  also to be suspended for the special conditions of probation.
• 2:30:11
  The state is recommending for the defendant to stay away from
• 2:30:13
  the incident location, to have no contact with the roommates in
• 2:30:18
  this case because they're not listed as the victim, so no
• 2:30:20
  contact with those roommates for the defendant to complete an
• 2:30:23
  anger management course and also for the defendant to have a
• 2:30:26
  mental health evaluation and treatment if deemed necessary.
• 2:30:30
  And that is all from the state. Gardner.
• 2:30:33
  OK. Did Miss Brown relate to you at
• 2:30:37
  all what she thought was happening?
• 2:30:39
  Was Miss Scott mad at them? Was Miss Scott just having sort
• 2:30:43
  of a nervous breakdown? And it wasn't so much that she
• 2:30:46
  says to Miss Brown, I'm going to burn you up, It's that I'm upset
• 2:30:50
  or what? What?
• 2:30:50
  How did she describe you keep you kept saying blowing up at
• 2:30:54
  them. And so I was just curious if it
• 2:30:56
  was Miss Scott is mad at her roommates or just Miss Scott is?
• 2:31:00
  She's having a moment. It was my understanding that
• 2:31:02
  talking with Miss Brown, that it was something separate that had
• 2:31:05
  occurred. Nothing that they did to her,
• 2:31:07
  nothing she did to them, but that she was having.
• 2:31:11
  When I say blown up is because that's what the victim and I
• 2:31:14
  talked. About I believe you the.
• 2:31:15
  Language but she just, I had a problem not with them.
• 2:31:18
  And when it came to the fire, that was something separate.
• 2:31:20
  So she didn't sit say any of their things on fire.
• 2:31:22
  That was something that occurred in her dorm.
• 2:31:24
  Got it. OK.
• 2:31:25
  So they kind of had a suite unit. 1215 was Miss Brown and
• 2:31:29
  Miss Scott and IT. Was the third roommate also.
• 2:31:32
  OK. Three, it was 3 rooms and one
• 2:31:34
  apartment. OK, if you could e-mail to Miss
• 2:31:37
  Nelson the two names because you are asking that I require Miss
• 2:31:41
  Scott to stay away from the two roommates and you've got Miss
• 2:31:44
  Brown in here, the other name. But you could get those two
• 2:31:47
  names to Miss Nelson. She'll include them as a part of
• 2:31:50
  the condition of probation. All right, thank you.
• 2:31:55
  Miss Hardy. Any criminal history information
• 2:31:58
  for Miss Scott? I'm here, Sharon.
• 2:32:02
  We're showing 2 arrest cycles. No felony convictions to report
• 2:32:06
  at this time. Thank you, Mr. Hines.
• 2:32:11
  Yes, Sir. What do you want to share with
• 2:32:13
  me? Yes, Your Honor.
• 2:32:15
  I have. Some of you requests my sort of
• 2:32:21
  minor request. That I've talked.
• 2:32:23
  Over with the state, but as far as Your Honor, giving the
• 2:32:27
  effects of the plea agreement and considering the offer
• 2:32:32
  implications. So Miss Scott was arrested for
• 2:32:37
  this case. So this is her second arrest.
• 2:32:39
  Her first case I believe was a misdemeanor that was dismissed.
• 2:32:42
  No props. So she has no criminal history,
• 2:32:45
  no convictions of any sort. She was arrested for this case
• 2:32:49
  July 10th, I'm sorry, July 20th, July 20th of 2024, and released
• 2:32:59
  on August 14th. She spent that time in the
• 2:33:02
  Atlanta City Detention Center, and it was a very harrowing time
• 2:33:07
  for her first time in jail, but I also believe a transformative
• 2:33:12
  time for her. I was Miss Scott's public
• 2:33:15
  defender back then and when she was able to bond out after her
• 2:33:20
  preliminary hearing and thereafter her case was indicted
• 2:33:25
  now in private and she hired me. So I've known her for about two
• 2:33:30
  years. I've been very, you know, with
• 2:33:34
  the whole question of mental health treatment port, as you
• 2:33:37
  said, that's like a happy, sad moment because I was glad to
• 2:33:41
  hear that she had worked so much on herself.
• 2:33:44
  You know, to the extent mental health is sort of out of our
• 2:33:48
  hands a little, but to the extent she could work on it and
• 2:33:51
  get to a point where those professionals deemed her low
• 2:33:56
  risk, right? I just, I commend her for that.
• 2:34:00
  Since this is and this was a GSU dorm, I agree with Miss Miss
• 2:34:06
  Smith's recitation. She has completed her degree in
• 2:34:13
  psychology. She has two years of nursing
• 2:34:16
  school under her belt. And she's been, this case has
• 2:34:21
  made it hard for her to complete that.
• 2:34:23
  And she's hoping to go back and complete that.
• 2:34:26
  And get into the nursing field that she always tended as you
• 2:34:31
  know she had a child late last year.
• 2:34:36
  Xavier he's he's been in every court date as as her
• 2:34:40
  grandmother, her sister and her mother some combination of them.
• 2:34:44
  Her mother couldn't be here today and her her partner
• 2:34:48
  Xavier's father has been here also to support.
• 2:34:52
  She has a strong support system. So these I am in receipt of Miss
• 2:35:01
  Scott's pretty much entire mental health history.
• 2:35:07
  Miss Scott was hospitalized once when she had a mental health
• 2:35:11
  break and this was also a mental health break.
• 2:35:15
  My offer concerns are mostly relate to the legality and what
• 2:35:22
  a jury will find as far as you know, the common law definitions
• 2:35:25
  of arson and whether this will be criminal damage in the first
• 2:35:29
  degree or the second degree because it was a fire that was
• 2:35:35
  created just in Miss Scott's. Room.
• 2:35:38
  It was on a. Desk I believe it was an
• 2:35:41
  accident. I believe the evidence was
• 2:35:42
  showed it was an accident because she was going through a
• 2:35:46
  mental break and she was trying to.
• 2:35:52
  I believe the evidence would show she was trying to part of
• 2:35:55
  pictures and it just got out of hand.
• 2:35:58
  You see on the body Cam the officer go in and see the fire
• 2:36:02
  on the desk. So those legal concerns and I
• 2:36:09
  guess a little bit of factual concern because she was under
• 2:36:12
  the influence of a mental break, but she had, she knows and we
• 2:36:18
  talked at length. She knows that.
• 2:36:21
  And she wants you to accept this plea because it's in her best
• 2:36:24
  interest to not expose herself to a jury's possible possible
• 2:36:33
  finding that she was legally guilty.
• 2:36:40
  Miss Scott is trying to, like I said, get into the nursing field
• 2:36:45
  just to find a, to get into the workforce again, because as your
• 2:36:52
  honor is, you know, I'm sure your Honor and Miss Smith are,
• 2:36:56
  you know, know that when their mental health illness is at
• 2:36:59
  play, one of the biggest things that can help us staying busy
• 2:37:06
  and, you know, feeling useful to the community.
• 2:37:08
  So I would, you know, we had talked about community service.
• 2:37:14
  And I'm not. You know, I don't want to step
• 2:37:17
  on this Smith's toes, but I'm not sure if anger management for
• 2:37:23
  this case would be as helpful to Miss Scott as community service
• 2:37:28
  would be. I just know that Miss Scott,
• 2:37:31
  I've watched her become a mother, I watched her step into
• 2:37:35
  that role and it's, it's really been inspiring to see if, if I
• 2:37:40
  do say so myself, I'm very proud of her.
• 2:37:44
  She's just trying to work. She's trying to be the best
• 2:37:45
  mother she can and she's trying to take responsibility for what
• 2:37:50
  was going on in July 2024, but also put it behind her.
• 2:37:54
  So in conclusion, I'm asking, your honor, I think that Miss
• 2:37:59
  Smith and I will have a little bit of a difference on the
• 2:38:02
  behavioral incentive date. And also, I have a order that I
• 2:38:06
  often use in these cases of first offender under OCGA 42-8,
• 2:38:14
  dash 62.1, subsection B, sub subsection one through 3,
• 2:38:19
  sections one through 3 to seal her record during dependency of
• 2:38:25
  whatever her behavioral incentive date is.
• 2:38:28
  And I just asked you to give effect to the plea.
• 2:38:31
  Your Honor. Thank you.
• 2:38:32
  You're welcome. Thank you for that presentation,
• 2:38:34
  Miss Scott, I've got a couple questions for you.
• 2:38:36
  And then if there's anything you want to add, I'm happy to hear
• 2:38:39
  from you. So it sounds like you just
• 2:38:42
  recently got your degree, but it was from Georgia State.
• 2:38:45
  You finished up there? Yes, congratulations.
• 2:38:48
  Thank you. Xavier is how old?
• 2:38:50
  He's he'll be six months this week.
• 2:38:52
  OK, halfway to his first year. Does he live with you?
• 2:38:57
  Yes. OK.
• 2:38:58
  And with whom do you stay? I stay with his father.
• 2:39:01
  Oh, so the three of you are a household unit.
• 2:39:04
  OK. And are you in Fulton County?
• 2:39:06
  We're in DeKalb. County, All right.
• 2:39:10
  And next stop for you is nursing school.
• 2:39:14
  Yes, Sir. Do you already have a school in
• 2:39:16
  mind? Yes, Sir.
• 2:39:17
  Where is that? Well, I started at Georgia
• 2:39:20
  State, so I was going to finish here.
• 2:39:21
  Just stay there. Yeah.
• 2:39:22
  OK, Well, good. One of the questions Miss Smith
• 2:39:26
  asked you is whether you take any medication, and you said no.
• 2:39:31
  Well outside of my mental health medication.
• 2:39:33
  OK, but I want to stay inside of that.
• 2:39:35
  So tell me what medication you take or really the names don't
• 2:39:40
  matter so much. As for what are you taking
• 2:39:42
  medication? Yes.
• 2:39:43
  So after the incident about, well, actually around the time I
• 2:39:50
  got pregnant, I found that I got pregnant in February.
• 2:39:53
  So I wanted to make sure that I was in my best mindset before I
• 2:39:57
  brought my child into this world.
• 2:39:59
  So when I went to the psychiatrist they diagnosed me
• 2:40:03
  with bipolar 2 disorder. So they were trying to
• 2:40:06
  understand maybe if the event was a manic episode or if it was
• 2:40:11
  like a depressive episode. So I've been on Zoloft for the
• 2:40:15
  depression and then Buspirone for like anxiety.
• 2:40:19
  At first they did have me on lorazidone I think, which is
• 2:40:22
  like a mood stabilizer, but it was affecting the baby in the
• 2:40:27
  womb so I stopped taking that one.
• 2:40:28
  OK. Have you started taking it again
• 2:40:31
  or you're just taking the 2 that you mentioned?
• 2:40:33
  Those two. OK.
• 2:40:35
  Do you take those in the morning or at night?
• 2:40:38
  One of them I had to take twice, so I take the Zoloft in the
• 2:40:42
  morning and then the anxiety one is twice, so I take in the
• 2:40:45
  morning and in the evening. OK.
• 2:40:47
  And did you take both of them this morning?
• 2:40:49
  Not this morning. OK.
• 2:40:50
  Does the fact that you didn't take the medicine make it hard
• 2:40:53
  for you to understand what we're doing here?
• 2:40:56
  No, because I'm also pumping. I try to be careful of the
• 2:41:01
  medication because it's I'm messing with my lactation so
• 2:41:05
  that's why I haven't taken it. OK.
• 2:41:07
  And I'm not criticizing you not taking it, that that's you're
• 2:41:09
  going to manage it in the right way as long as you're taking
• 2:41:12
  good care of your mental health. I need to make sure that the
• 2:41:15
  fact that you did not take it isn't leaving you overly
• 2:41:19
  anxious. So you don't understand what's
• 2:41:20
  going on or feeling manic or anything like that.
• 2:41:23
  Do you feel like you've understood what we've been
• 2:41:25
  talking about? Yes, Sir.
• 2:41:27
  OK. Do you have anything you want to
• 2:41:29
  add? So over the past two years, it's
• 2:41:34
  been very difficult for me to obtain employment.
• 2:41:37
  That's one of the biggest reasons why I went back to
• 2:41:40
  school. But however, now that I've
• 2:41:42
  graduated, I have student loan debt and with me not working
• 2:41:47
  even before I had my child, it's caused a little friction in the
• 2:41:50
  household. So I think the reason why we've
• 2:41:54
  been trying to help to give me an employable or community
• 2:41:58
  services so that I can kind of get back into the job market
• 2:42:01
  because, you know, I don't know what next tomorrow is going to
• 2:42:05
  bring. And I just want to make sure
• 2:42:07
  that my son is, you know, that he's taken care of.
• 2:42:11
  Does his father? Work.
• 2:42:12
  Yes. What does he do?
• 2:42:14
  He works as a paralegal. All right.
• 2:42:17
  Yeah. Household.
• 2:42:19
  Well, Miss Scott, I find there's a factual basis for your plea.
• 2:42:23
  I appreciate the points that Mister Heinz has made about some
• 2:42:28
  of the legal niceties. I don't mean that in a demeaning
• 2:42:31
  way, but there are, there's some questions about legally, was
• 2:42:35
  this arson legally, was it criminal damage in the first
• 2:42:39
  degree? I think a jury could find that
• 2:42:41
  it was. I don't know that they would,
• 2:42:43
  but because they could, I'll accept the plea with a factual
• 2:42:47
  basis. I'll accept it as an Alford
• 2:42:50
  plea. I better understand why Mr.
• 2:42:53
  Hines pushed back in that way. I also find that your plea is
• 2:42:57
  knowing and voluntary. Voluntary means no one's forcing
• 2:43:01
  you to do this, and knowing means that you've understood the
• 2:43:05
  things we discussed. Do you agree with that?
• 2:43:07
  Yes. Sir.
• 2:43:07
  OK, Mr. Hines, can someone in my office sign the indictment for
• 2:43:11
  you, Miss Smith? Yes, Judge.
• 2:43:14
  And can we sign the indictment for you, Miss Scott?
• 2:43:17
  I have a question, Is it like just five years or can the five
• 2:43:22
  years? So I'm not there yet.
• 2:43:23
  Right now we're just talking about do I accept the guilty
• 2:43:26
  plea part? And part of that process in the
• 2:43:29
  olden days is that the indictment we'd hand around and
• 2:43:32
  you'd sign it and it would say guilty offered and Miss Smith
• 2:43:35
  would sign it. We do a lot of that
• 2:43:36
  electronically. But I need to have you say on
• 2:43:39
  the record, if you're OK with it, that it's OK for us to
• 2:43:42
  electronically sign your name to the indictment indicating you're
• 2:43:45
  guilty plea. OK, great.
• 2:43:48
  Now we'll get the sentencing. So I'm going to follow what's
• 2:43:52
  been negotiated here and I'm sentencing you on both counts to
• 2:43:55
  five years. It's five years probation and
• 2:44:00
  they'll run concurrently with each other.
• 2:44:02
  So it's a total sentence of five years.
• 2:44:04
  The special condition number one is that you need to stay away
• 2:44:07
  from the Catalyst Apartments on Northside.
• 2:44:10
  It's where you used to live. Don't go back there.
• 2:44:14
  Special condition number 2 is that you should have no contact
• 2:44:18
  with either of those roommates. So hopefully you guys hadn't
• 2:44:20
  become fast friends, but you guys need to stay apart #3 is
• 2:44:26
  that you are going to have another mental health
• 2:44:30
  consultation just to confirm the diagnosis.
• 2:44:35
  And then if any treatment is recommended by your provider of
• 2:44:38
  choice, you got to make sure you maintain that treatment.
• 2:44:41
  That could be counseling. It could be medication.
• 2:44:44
  But of course, medication you take consistent with your need
• 2:44:47
  to keep your kid healthy as well.
• 2:44:50
  But it can't be. I'm not taking anything.
• 2:44:53
  It just needs to be done in a thoughtful way.
• 2:44:55
  And finally, I'm going to have a condition that you complete 66
• 2:44:59
  zero hours of community service and those you need to complete
• 2:45:03
  within the first six months of your probation, not way down the
• 2:45:07
  road. I will set a behavioral
• 2:45:09
  incentive date of April 24th of 2029.
• 2:45:13
  That means that if things have gone well for you, then
• 2:45:17
  probation can come to me to say, can we just close this case out?
• 2:45:20
  We don't really ever have to meet with Miss Scott.
• 2:45:23
  She's headed in her way. Zero issues with her unless in
• 2:45:27
  the case early first offender is appropriate for you.
• 2:45:32
  First offender is primarily a benefit.
• 2:45:34
  It means that this is not a conviction as long as you stay
• 2:45:38
  out of trouble while you were under sentence.
• 2:45:41
  That's essential for going back to school because one of the
• 2:45:43
  first questions on applications are you a convicted felon?
• 2:45:46
  And you might as well. Throw the application away.
• 2:45:49
  Also important with job applications you don't need to
• 2:45:52
  check the box. Yes, I am because you're not.
• 2:45:54
  You're what we call a first offender probationer.
• 2:45:57
  For you, it's basically going to be a benefit, but you need to
• 2:46:00
  understand there's a risk to 1st offender.
• 2:46:03
  If for some reason over the next few years you get into a
• 2:46:07
  situation with Xavier's father or this or that or you just feel
• 2:46:11
  like an episode is coming, that's not a defense to you
• 2:46:16
  doing something dangerous to others.
• 2:46:19
  If you were to get in trouble again, while you're a first
• 2:46:21
  offender probationer and I were to find cuz you get a hearing,
• 2:46:25
  Mr. Hines could be there for you, etcetera.
• 2:46:27
  But if I were to find that you were willfully not taking good
• 2:46:31
  care of yourself or for whatever reason you just lost it and I'm
• 2:46:34
  making this up, but you hauled off and save your dad with a
• 2:46:38
  frying pan in the head. Not only would you have new
• 2:46:42
  charges, but I could take away your first offender status that
• 2:46:48
  turns into a felony and I could resentence you to both these
• 2:46:52
  offenses. I don't see that.
• 2:46:53
  Happening, and I don't say it to scare you, but I need you to
• 2:46:56
  understand that there's a risk and it's a risk for you probably
• 2:47:02
  because if it is a risk for you, it probably would be because
• 2:47:06
  you're not taking good care of your medical regimen.
• 2:47:09
  But it's out there. I need to make sure you
• 2:47:11
  understand that there's a risk to 1st offender.
• 2:47:14
  Yes, Sir. OK, Understanding the risk and
• 2:47:16
  appreciating the benefit. Do you want to be sentenced as a
• 2:47:18
  first offender? Yes, Sir.
• 2:47:20
  OK, I'll do that. The last thing I think unless
• 2:47:23
  Miss Smith, do you have anything else?
• 2:47:26
  Mr. Hines? Your Honor, I know you've
• 2:47:28
  already stated your inclination as far as the bid, but I would
• 2:47:32
  ask to be heard because I'm asking for a shorter.
• 2:47:36
  OK, I'm listening. Yes, Your Honor.
• 2:47:39
  So reiterating everything I already said about Miss Scott's
• 2:47:43
  progress and what she said as well, I would just say, as you
• 2:47:47
  know, Your Honor, the previous posture of this case was that it
• 2:47:52
  would be dismissed after, if accepted, if Miss Scott was
• 2:47:55
  accepted, she would be, the case would be dismissed after mental
• 2:47:59
  health treatment court. And then after that, the
• 2:48:02
  understanding was that it would be if, if Miss Scott was
• 2:48:05
  accepted, it would be dismissed after diversion.
• 2:48:08
  So I'm asking that we have a behavior incentive date more in
• 2:48:13
  line with that instead of three years before she can get up
• 2:48:17
  closer to 1 year. Got it.
• 2:48:20
  I appreciate that perspective. I'd probably tether that to more
• 2:48:24
  like 18 months to 24 months if I were linking it that way.
• 2:48:29
  I'm going to. Keep it at three years.
• 2:48:30
  But I'll tell you this, Miss Scott, I suspect you'll quickly
• 2:48:34
  turn into an unsupervised probationer because you're going
• 2:48:36
  to be just fine. And so there are steps that
• 2:48:39
  probation will take as they ratchet back.
• 2:48:41
  At first, they don't want to know what's going on in your
• 2:48:43
  life. They need to see where you're
• 2:48:44
  living, make sure everything's going OK.
• 2:48:47
  But if you continue to be no nonsense and no trouble for
• 2:48:50
  them, then they'll pivot to let's just make this you phone
• 2:48:53
  in and then let's just make it, you know what, we're not even
• 2:48:56
  supervising you. If you get arrested, we'll learn
• 2:48:58
  about it. And those are all good steps to
• 2:49:00
  be taken towards then ultimately, let's just terminate
• 2:49:03
  it early. So I'm going to leave it as is,
• 2:49:05
  but I appreciate the argument. The last thing we need to do is
• 2:49:09
  give you reporting instructions because you live in DeKalb.
• 2:49:12
  Think you have to report in Conyers, that's where their
• 2:49:15
  office is, but Miss Simpson is going to meet with you outside
• 2:49:19
  and give you. She's probably going to need to
• 2:49:21
  get a little contact information from you, but she's going to
• 2:49:23
  give you a time and place you need to be.
• 2:49:27
  Do not miss that intake appointment because if you're
• 2:49:30
  not there, they give you maybe one or two phone calls and then
• 2:49:33
  they just send me a warrant. So make sure you make that
• 2:49:36
  appointment all right. Anything else, I don't.
• 2:49:41
  Have. Good luck with everything.
• 2:49:44
  Thank you. All right, Thank you.
• 2:49:46
  Your Honor, may I submit that proposed order to seal the
• 2:49:50
  record? You should submit 2 proposed
• 2:49:53
  orders, in this case copying Miss Smith the order to seal and
• 2:49:56
  we'll see if she has any objection.
• 2:49:58
  And then in the Brown case, the order authorizing out of state
• 2:50:02
  trap. Yes, Your Honor, absolutely.
• 2:50:05
  And I just wanted to say thank you to your Honor.
• 2:50:09
  Thank you to Miss Nelson with her patience and flexibility.
• 2:50:12
  I was in trial this week, expected to be in trial today,
• 2:50:16
  but we won on Monday. Big murder.
• 2:50:19
  All right, say thank you to Miss Smith for all your help with
• 2:50:23
  negotiations and everything. You're welcome.
• 2:50:28
  Thank. You.
• 2:50:30
  Thank you. Good luck with everything.
• 2:50:33
  Thank you. They would be excused.
• 2:50:34
  And happy you may. Happy 1/2 year birthday to
• 2:50:37
  Xavier. Thank.
• 2:50:38
  You have a good one. Hello, Miss Wood.
• 2:50:41
  Hello, Judge. All right, friends, TCF live
• 2:50:46
  about 15 or so minutes left. Let's go back to Judge McNally.
• 2:50:52
  Good morning, Your honor. For the record, James Schloff,
• 2:50:54
  30720. Your name, Ma'am?
• 2:50:57
  Cameron. Whitman.
• 2:50:58
  So she's simply going to plead guilty to disorderly with the
• 2:51:01
  RNO to be dismissed. True.
• 2:51:03
  Correct. Is that what you want to do,
• 2:51:04
  ma'am? Yes.
• 2:51:05
  If you plead guilty to that, possible penalties are up to 500
• 2:51:09
  fines, 90 days jail costs for all those.
• 2:51:11
  Do you understand that? Yes.
• 2:51:12
  And did you sign, read and understand the advice of rights?
• 2:51:15
  Yes. If you plead guilty, you'll be
• 2:51:17
  giving up all those rights and we're not going to have a
• 2:51:19
  hearing or a trial. Do you understand that?
• 2:51:20
  Yes to the charge. Disorderly conduct.
• 2:51:24
  How do you plead? Were you in the city of the
• 2:51:27
  Trenton at her near 2711 Veterans Parkway near Fort,
• 2:51:31
  September 21 at 23. And what did you do?
• 2:51:36
  You ran from the police and refused to put your arms up so
• 2:51:42
  they could. You ran away from the officers
• 2:51:45
  and you placed your arms and hands underneath your body so
• 2:51:48
  they couldn't handcuff you. Is that true or not?
• 2:51:53
  They I was, I didn't. Have my hands.
• 2:51:55
  What did you do wrong? Tell me what you did wrong that
• 2:51:58
  makes you guilty. I just didn't want to give up my
• 2:52:00
  information about that. As being harassed.
• 2:52:03
  Did you do anything wrong? No, no.
• 2:52:06
  Why are you pleading guilty to this thing?
• 2:52:08
  Disorderly. I know, but why are you pleading
• 2:52:11
  guilty in anything if you didn't do anything wrong?
• 2:52:14
  I'm not trying to argue with you, I'm just asking did you do
• 2:52:18
  anything wrong? I didn't show my information.
• 2:52:25
  Guilty. OK, slow down.
• 2:52:27
  So what kind of information did they ask you for your license?
• 2:52:31
  Yes. Yes.
• 2:52:33
  Yes. Sorry.
• 2:52:34
  And did you refuse to provide that to them?
• 2:52:36
  Maybe it shows the warrant cancellation under the regular B
• 2:52:40
  ticket, not under the R. Heather, I can hear you.
• 2:52:43
  That's OK. Anybody force you to plead
• 2:52:45
  guilty? I'll accept your plea.
• 2:52:48
  I'll dismiss the RNL. I'm ready for sentence, Your
• 2:52:51
  Honor. Her life is.
• 2:52:52
  Beginning to improve. A bit.
• 2:52:54
  She has found a more stable place to stay.
• 2:52:57
  She is working but closely in exchange for her.
• 2:53:01
  Rent and things like that. And.
• 2:53:03
  She is still looking for other employment as well, which would
• 2:53:07
  provide any more stable environment.
• 2:53:10
  Who does she live with in Southgate?
• 2:53:13
  I'm I'm living with. I'm living at the at the shop.
• 2:53:17
  Right now. It's it's.
• 2:53:19
  By the shop you mean? By the shop you mean a person.
• 2:53:23
  Who is helping you? Store.
• 2:53:25
  Right, you've been in trouble ever before.
• 2:53:32
  Yeah. It was retail fraud in 24,
• 2:53:36
  right? And then you had another R&O in
• 2:53:41
  25. Look, I'll go light on you, but
• 2:53:46
  I don't want to see you back here again, OK?
• 2:53:49
  We got it. Anything else, Mr. Sloth?
• 2:53:54
  Anything else you want to say, ma'am?
• 2:53:55
  No, 25 Fines, 50 costs 75 Victims rights $50.
• 2:54:00
  Justice assessment 200 or 30 days.
• 2:54:02
  OK. Can you pay anything today?
• 2:54:05
  No. Would you rather do community
• 2:54:08
  service? Sure.
• 2:54:10
  Here's what I'm going to say to you.
• 2:54:12
  Another make sure we get this defendant to pay 200 or serve 12
• 2:54:29
  hours of community service by June 15th.
• 2:54:34
  So you can either pay or you can do 12 hours of community
• 2:54:37
  service. If you're going to do community
• 2:54:40
  service, it has to be at a nonprofit organization, a
• 2:54:42
  church, Saint Vincent de Paul, Salvation Army, you name it.
• 2:54:46
  Any nonprofit organization. OK.
• 2:54:49
  An animal shelter. Fair enough.
• 2:54:53
  Yeah. So you understand everything
• 2:54:56
  I've said. Yeah.
• 2:54:57
  So you either have to pay up or do 20 hours of community service
• 2:55:00
  by June 15th. You understand that?
• 2:55:03
  Yes. And if you don't, you're going
• 2:55:05
  to be subject to a 30 day jail term.
• 2:55:07
  OK. All right.
• 2:55:08
  I wish you well. Good luck.
• 2:55:10
  You're free to go. You you understand where you
• 2:55:13
  could do your community service at now and a church, Saint
• 2:55:18
  Vincent de Paul, Salvation Army. Would she be still going to
• 2:55:23
  probation? I mean placed on probation?
• 2:55:25
  I'm not putting her on probation.
• 2:55:26
  I'm just ordering her to pay $200 or serve 30 days or instead
• 2:55:32
  of paying the $200, she can do 12 hours of community service.
• 2:55:37
  The money is due or the community service is due of 12
• 2:55:40
  hours by June the 15th. OK, OK.
• 2:55:44
  Make sure it is. Document you have to have it on
• 2:55:47
  letterhead. They have to send you a letter
• 2:55:50
  give give you a letter under letterhead that says yes.
• 2:55:54
  Miss Whitmer performed community service on these dates totaling
• 2:55:58
  12 hours. And it has to be on their
• 2:56:00
  letterhead. You know what I mean when I say
• 2:56:01
  letterhead. Letterhead.
• 2:56:04
  Yeah. Stationary.
• 2:56:05
  Yeah. OK.
• 2:56:07
  All right, good luck. Stay out of here now.
• 2:56:11
  Thank you. Austin Lee.
• 2:56:11
  You were sensing 26-T6481-O2. Good morning again.
• 2:56:21
  Good morning, rider. For the record, Jamie Schwab on
• 2:56:23
  the air for Mr. Hewer. Sensing.
• 2:56:27
  All right, Sir, your name. Austin Lee.
• 2:56:29
  Hewer. Sensing does he stand mute and
• 2:56:31
  wait for more reading? He does, your honor.
• 2:56:33
  And so you know who's going to plead to no OPS?
• 2:56:35
  They're going to dismiss the suspense.
• 2:56:37
  True. If you plead to no ballot UPS on
• 2:56:40
  person, Sir, the possible penalties are up to $100 fines,
• 2:56:43
  90 days jail costs are all those.
• 2:56:44
  Do you understand that? And did you sign, read and
• 2:56:47
  understand the advice of rights? If you plead guilty, you'll be
• 2:56:50
  giving up all those rights. So we're not going to have a
• 2:56:52
  hearing or a trial. Do you understand that for the
• 2:56:55
  charge no valid operator's license on person?
• 2:56:57
  How do you plead On the 30th of March of 26 week operating a
• 2:57:01
  motor vehicle in the city of Trenton on Fort near Harrison at
• 2:57:04
  3:18 in the morning? Do you have a valid license with
• 2:57:08
  you on your person at the time? Are you on probation or parole?
• 2:57:12
  For what? Possession of methamphetamine
• 2:57:15
  and possession of cocaine. I'm on a. 7411 probation through
• 2:57:18
  Wayne County. Were you on probation on March
• 2:57:21
  the 30th, 26th? I have, and I ended up taking a
• 2:57:24
  probation violation through Wayne County and I'm in the
• 2:57:27
  process of dealing with all of that right now.
• 2:57:29
  I go back. I just want to make sure that
• 2:57:31
  you understand if you plead guilty here, this is technically
• 2:57:34
  a violation of that probation. That probation could be revoked,
• 2:57:37
  your 7411 status revoked, the conviction entered, and then
• 2:57:40
  you'd be subject to imprisonment on that charge.
• 2:57:42
  Do you understand that you still wish to plead guilty anybody
• 2:57:46
  force you to plead guilty or promise you anything to induce
• 2:57:48
  you to plead guilty accept your guilty plea.
• 2:57:51
  I find it to be inaccurate plea made voluntarily and
• 2:57:54
  understandingly how the status of his license right now it's
• 2:57:58
  still suspended I'm. Told.
• 2:57:59
  That he is in the. Process, get his Portage and all
• 2:58:02
  that type of thing to clear up what's outstanding.
• 2:58:05
  You've got to go take care of your case, yeah?
• 2:58:09
  I'm in the process of doing. That the last time.
• 2:58:10
  Process. About a week and a half ago, my
• 2:58:13
  counselor gave me a list of where they were.
• 2:58:16
  So I've been in the past week, I've been calling all these
• 2:58:19
  courts and getting Gates scheduled and seeing what I've
• 2:58:21
  come in. And I hope that's a habit you're
• 2:58:23
  going to break. You can't ignore courts like
• 2:58:25
  that. Yeah.
• 2:58:26
  No, no. More, and I get this all taken
• 2:58:28
  care of. It's So you're suspended until
• 2:58:31
  November of this year on an implied consent to begin with.
• 2:58:34
  So get all these other tickets cleared up, will you?
• 2:58:37
  Yes, Sir. All right.
• 2:58:38
  Anything else? Anything else?
• 2:58:41
  100 fines, 100 cost, 75 victims rights, $50 justice assessment,
• 2:58:46
  three, quarter three and a quarter or 60 days could have
• 2:58:49
  been a lot worse. Do you have all that to pay?
• 2:58:52
  No need time to. Pay you?
• 2:58:53
  How much does he have today? I have nothing.
• 2:58:55
  Today I have. The owner I was doing
• 2:58:57
  maintenance over at just tell me when you can pay.
• 2:59:01
  I could probably be $20.00 at about mid next week.
• 2:59:05
  How much do you pay weekly? $40 a week.
• 2:59:09
  All right, we'll make it 40 per week and I'll start, but I'm
• 2:59:12
  telling you don't ignore me like you have these other courts no
• 2:59:14
  longer $40 per week. I'll start at beginning on May
• 2:59:18
  the 18th. How's that?
• 2:59:20
  Thank you. If you need more time, you you
• 2:59:23
  heard what I've said to others. Come back in here or call Zoom
• 2:59:26
  on over fourth of the day. I'll be glad to give you an
• 2:59:28
  extension. Stop ignoring courts.
• 2:59:29
  Judges don't like that. Thank you.
• 2:59:32
  Good luck. Thanks.
• 2:59:34
  Hello. You're.
• 2:59:37
  All right friends, this is a logical place to leave it for
• 2:59:39
  today. I hope you all had fun, I know I
• 2:59:42
  did, and I appreciate you giving me your time this morning.
• 2:59:45
  It always means a lot. We will be back tonight for
• 2:59:48
  sidebar. 8:00 PM Eastern, 5:00 PM Pacific.
• 2:59:52
  If you stick around when I end this stream, YouTube will send
• 2:59:57
  you over there automatically so you can set a reminder.
• 3:00:00
  But look forward to seeing there tonight and then obviously we'll
• 3:00:02
  be back tomorrow. 9:00 AM Eastern, 6:00 AM Pacific 1/2 an
• 3:00:05
  hour earlier if you're a channel member.
• 3:00:07
  It is my intention, at least for now, to go back to four hours
• 3:00:12
  tomorrow. I've just needed that extra hour
• 3:00:14
  a couple of days this week. So go have yourselves a great
• 3:00:17
  day. Hopefully we'll see you tonight.
• 3:00:19
  If not, we'll see you tomorrow. Take care, God bless.