Latest / The Courtroom Files / April 22, 2026 Court Hearings: Judge West Revokes Bond, Kim Transfers Juvenile to Prison, Aquilina Sentences Offender + More | TCF Podcast #275

Transcript

April 22, 2026 Court Hearings: Judge West Revokes Bond, Kim Transfers Juvenile to Prison, Aquilina Sentences Offender + More | TCF Podcast #275 · The Courtroom Files

0:01
Good morning, everybody. Happy Wednesday.
0:03
Welcome to TCF LIVE. My name is Dan Soul.
0:05
I'll be your guide through the next three hours of Courtlandia.
0:09
Today, we'll start in Allegan County, Michigan.
0:12
This is Judge Scosellas. In the charge of domestic
0:17
violence, Mr. Badger, please. Thank you, Your honor.
0:20
Sam Badger appearing on behalf of Mr. Herring.
0:23
For the limited purpose of arraignment, we have reviewed
0:25
the charging document and waive its formal reading.
0:28
He's entering a plea of not guilty and does qualify for a
0:32
court appointed attorney. We would request that this
0:34
matter be set for a pretrial and a jury trial.
0:36
Your Honor. Thank you, Honor.
0:39
Not guilty plea set this for a jury trial.
0:41
Indicate you're requesting an attorney at public expense.
0:45
Court file shows you released from the Allegan County Jail on
0:48
a $500 personal recognizance bond.
0:51
This is also a protective. Bond.
0:53
Will continue bail in that amount with those same
0:56
conditions until further order of the court.
0:59
Your case to be set first for pretrial conference with the
1:02
prosecutor's office and then for a jury trial in this courtroom.
1:05
District Courtroom A. The Public Defender's Office has
1:09
determined you are indigent and they will be appointing an
1:12
attorney for you at public expense.
1:14
So an attorney from the public defender's office, we'll discuss
1:17
your case with you at your pretrial conference.
1:21
The date and time of your pretrial conference will be sent
1:24
to you by the Clerk's Office. In the mail.
1:26
So you are free to hang up from the court for sitting this
1:29
morning. Be looking for that in the mail,
1:31
OK? Alrighty, thank you.
1:45
Have. 2 Files on Angel Denise Hayes 260956 SM and X464730B St.
1:57
Both of these are based on the same citation issued by the
2:00
Michigan State Police on a charge of driving without having
2:04
a driver's license and operating an uninsured motor vehicle.
2:09
The insurance charge requires fingerprints and we do not have
2:13
any fingerprints on file at this time.
2:16
So. So I'm unable to proceed to an
2:19
arraignment. Miss Hayes, you need to get
2:21
fingerprinted on this case before I can start the court
2:24
process. We had an order for fingerprints
2:26
that went out on March 30th. Today's April 22nd, we still
2:31
don't have any prints on file for you.
2:33
How long do you need to get fingerprinted?
2:36
I never heard. They never told me that I had to
2:38
get fingerprints. Nobody got in contact with me
2:40
and told me I need to get fingerprints.
2:41
I got no paperwork on any of that.
2:45
You need to get fingerprinted. How long do you need to get
2:48
fingerprinted? You'll have to come to the
2:49
Allegan County Jail to get that done.
2:53
Well, I don't have no transportation right now.
2:55
Probably. Can I do it this Friday?
2:58
Oh sure, sure, not a problem. I'm going to instruct the
3:01
clerk's office to reset this for arraignment between now and
3:05
then. Get those fingerprints done and
3:07
your adjourned date will do it just like this over the video.
3:10
So you are free to. Hang out for the court
3:12
proceeding. Be sure to get those
3:14
fingerprints done. Be looking in the mail for the
3:16
date and time of your new arrayment.
3:18
OK. OK.
3:20
Thank you, Sir. Thank you.
3:46
The next one, Johnson next file is file 260986 SM People versus
4:00
Matthew Chandler. Johnson here today for
4:04
arraignment on multiple files based on the same citation
4:08
issued by the Allegan County Sheriff's Department.
4:10
One for operating an uninsured motor vehicle, also a civil
4:14
infraction for holding an electronic device while driving.
4:18
On the insurance violation, fingerprints are required.
4:22
We don't have any fingerprints for you on file, Mr. Johnson.
4:26
An order for fingerprints was sent out on April 2nd and as of
4:30
today, we don't have prints for you, so I'm unable to proceed to
4:34
arraignment. You will have to go to the
4:36
Allegan County Jail to get those prints done.
4:39
How long do you think you need to get that accomplished?
4:42
Why? Why am I having to get prints
4:44
done? Under Michigan law on a charge
4:47
of operating an uninsured motor vehicle, you can receive up to a
4:50
year in the county jail. That charge requires
4:53
fingerprints. OK.
4:55
This any day. Any day really.
4:57
I can do this. It has to be it.
5:00
Has to be. Before like at 12:00 after 12
5:03
I'm in. Will you need to get to the jail
5:06
while they are open? Check what hours they're
5:09
available for fingerprints. I'll instruct the clerk's
5:11
office. You're going to get that done.
5:13
They will give you a new date and time for an arraignment just
5:16
like this, and it'll be sent to you in the mail.
5:19
So you're free to hang up from the court proceeding.
5:21
Check with the jail on their hours for fingerprints.
5:24
Get those done, and you'll get in the mail the next date and
5:27
time for arraignment. OK.
5:29
All right. Thank you.
5:30
Thank you. Have a good day.
5:32
You too. This case is filed 260985 S I'm
6:02
sorry OD This is the case of People versus Steven Michael
6:09
Mills this morning for arraignment charge through a
6:12
citation issued by the Allegan City Police Department on a
6:16
charge of operating a motor vehicle as a minor with a blood
6:20
alcohol content. Mr. Badger, please.
6:24
Thank you your honor. Sam Badger appeared on behalf of
6:26
Mr. Mills. For the limited.
6:27
Purpose of arraignment. We have viewed the charging
6:30
document and waive its formal reading.
6:32
He's entering a plea of not guilty and does qualify for a
6:36
court appointed attorney or request this matter be set for a
6:39
pre trial and a jury trial. Your Honor, thank you.
6:42
Just to confirm, this is a no jail offense but you're
6:45
appointing counsel? Yes, Your Honor, he had a
6:48
previous case with a court appointed attorney and this is
6:51
part of an offer that was in that case are not guilty.
6:55
Please set this for a jury trial.
6:57
Indicate you're requesting an attorney at public expense.
7:00
We'll set bail in this case at $500.
7:02
Personal recognizance condition of bails you not possess or
7:06
consume any alcohol, marijuana or legal controlled substances.
7:10
Why your case is pending Your case will be set first for a
7:13
pretrial conference with the Allegan City Attorney.
7:17
If not resolved, will be set for a jury trial in this courtroom.
7:21
District Courtroom A. The Public Defender's Office has
7:24
determined you are indigent and they will be appointing an
7:27
attorney for you at public expense.
7:29
So an attorney from the Public Defender's Office will discuss
7:32
your case with you at your pretrial conference.
7:35
Date and time of that will be sent to you by the Clerk's
7:38
office. In the mail.
7:39
So you are free to hang out from the court for sitting this
7:42
morning? They expecting that in the mail?
7:44
OK. OK.
7:45
Thank you. 260707 SM People versus Joshua Aaron Morris this
7:53
morning for arraignment charged through a misdemeanor complaint
7:56
issued by the Allegan County Prosecutor's Office on a charge
8:00
of malicious use of a telecommunications service in a
8:04
domestic relationship. Mr. Badger.
8:07
Please. Thank you, Your Honor.
8:08
Sam Badger, appearing on behalf of Mr. Morris.
8:10
For the limited purpose of arraignment, we have reviewed
8:13
the charging document and waive its formal reading.
8:16
He is pleading not guilty and does qualify for a court
8:19
appointed attorney and we're to press that this matter be set
8:22
for a pre trial and a jury trial.
8:23
Your Honor, thank you. We're not guilty.
8:26
Pleased that this for a jury trial indicate you're requesting
8:29
an attorney at public expense. What boss shows you released in
8:33
Ellington County Jail on a $500 personal recognizance bond
8:38
available be continued in that amount at this time your case
8:41
will be set first for a pre trial conference with the
8:44
prosecutor's office and then for a jury trial in this courtroom.
8:48
District Courtroom A The public defender has determined you are
8:52
indigent. And they will be appointing.
8:54
An attorney for you at public expense.
8:57
So an attorney from the public defender's office will discuss
8:59
your case with you at the date and time of your pretrial
9:03
conference. The actual date and time will be
9:06
sent to you by the clerk's office in the mail.
9:08
So you are free to hang up the court proceeding this morning.
9:11
Be expecting that in the mail. OK.
9:15
OK. Thank you. 526-0856 SM People
9:19
versus Dorothy Jane Pitts here this morning for arraignment,
9:23
charged through a misdemeanor complaint issued by the Allegan
9:27
County Prosecutor's Office and a charge of assault and battery.
9:31
Stewart Badger, please. Thank you, Your honor.
9:33
Sam Badger appeared on behalf of Miss.
9:35
Pitts for the. Limited purpose of arraignment.
9:38
We have reviewed the charging document and waive its formal
9:41
reading. And Miss Pitts will be pleading
9:43
guilty today. Your Honor, Thank you.
9:45
Miss Pitts, is that what you've agreed to do?
9:49
Yes I've I did slap her. OK, but do you wish to plead
9:57
guilty to the charge of assault and battery?
10:02
No, I do. Not.
10:04
No, you do not. Yeah, we're going to have you.
10:06
Well, at this point, then I'm going to enter a not guilty
10:09
plea. Did you talk to her about
10:11
counsel, Miss Badger? I did, Your Honor.
10:13
She does qualify. All right, then we'll be real
10:15
quick here. We're not guilty.
10:16
Please set this for a jury trial.
10:19
Indicate you're requesting an attorney at public expense.
10:23
Court file shows you released on a $300 personal recognizance
10:27
bond. Bail will be continued in that
10:29
amount. At this time, condition of bail
10:31
is he have no contact with a Naomi Saints while the case is
10:37
pending. Your case to be set first for a
10:39
pretrial conference with the prosecutor's office and then for
10:43
a jury trial. He cut the feed, but that's OK.
10:49
So I don't know if you saw me on camera, but I was laughing my
10:52
rear end off right there. I have some familiarity with
10:56
Allegan County and that sort of thing right there is just pure
10:59
Allegan. The.
11:00
Yeah, I slapped her. Are you guilty?
11:03
Hell, no. I love it.
11:06
Good morning once again, everybody.
11:07
TCF live on a Wednesday. It's so great to have you all
11:09
with me. Let's do this.
11:13
Let's go to Lake County, Ohio. Say good morning to Judge
11:16
O'Donnell. Yes, Sir.
11:20
Prior to coming to court today, to taking any drugs or alcohol
11:23
or any prescription medication within the last 40. 8 hours.
11:28
Prescription medication? Yes, Sir.
11:30
What have you taken? Depakote and Cogentin for my
11:33
bipolar schizophrenia. When did you take it last?
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I'm approximately three hours ago.
11:47
Does it affect your ability to understand what's going on here?
11:50
No, Sir. Did you get a copy of this
12:04
indictment? Yes, Sir.
12:05
You're going to plead guilty to count 1 assault and then count 2
12:08
would be dismissed at sentencing.
12:10
Is that your understanding? Yes, your Honor.
12:13
OK, before I accept your guilty plea, I need to determine that
12:17
you know and understand the constitutional rights will be
12:20
waiving the consequences of your guilty plea and the maximum
12:23
penalty I could give you. And I need to be satisfied that
12:27
you're guilty plea is being made freely, knowingly and
12:30
voluntarily. I'm going to ask you questions
12:33
if you don't understand a question and stop me.
12:35
If you want to talk to Miss Thomas some more, let me know
12:37
and I'll give you more time. You understand that you have a
12:40
constitutional right. They have a trial either to me
12:43
or to a jury of 12 Lake County citizens.
12:45
Do you understand that right? Yes, Sir.
12:47
Are you waiving that right? No, Sir, Yes, Sir.
12:52
OK. If you go to a jury trial, all
12:54
12 members must agree to a guilty verdict before you could
12:57
be found guilty. Do you understand that right?
12:59
Are you waiving that right? Yes, Sir.
13:02
If you go to trial, the prosecutor will call witnesses
13:04
to testify against you. Do you understand the prosecutor
13:07
must prove you guilty beyond a reasonable doubt at a trial?
13:10
Understand, your Honor. After the witnesses are done
13:13
testifying for the prosecutor, you would have a constitutional
13:16
right to have your lawyer cross examine the witnesses.
13:18
Do you understand that right? Yes, Sir.
13:20
Are you waiving that right? No, Sir, Yes, Sir.
13:25
All right, if you go to trial, you have the right to have
13:27
witnesses come here and testify for you.
13:29
Do you understand that right? Yes, Sir.
13:31
Are you waiving that right? Yes, Sir.
13:35
If those witnesses refuse to come to court, I'll issue an
13:38
order called a subpoena to make them come and testify.
13:42
Do you understand that right? Yes, Sir.
13:44
Are you waving that right? Yes, Sir.
13:47
You have the right to testify a trial if you want to.
13:49
Do you understand that right? Yes.
13:51
Are you waving that right? Yes, Sir.
13:55
You have the constitutional right to not testify a trial if
13:58
you do not want to. Do you understand that right?
14:01
Yes. Sir, are you waving that right?
14:04
Yes, Sir. If you decide not to testify at
14:07
trial, nobody is permitted to comment on that decision.
14:10
Do you understand that? Yes, Sir.
14:12
If you go to trial and you're found guilty, you have the right
14:15
to appeal the guilty finding. Do you understand that right?
14:18
Yes, Sir. Are you waiving that right?
14:21
Yes, Sir. If you file an appeal, you have
14:23
the constitutional right to have a lawyer represent you in the
14:25
appeal. Do you understand that, right?
14:27
Agreed. Are you waiving that right?
14:31
Yes, Sir. If you could not afford to hire
14:34
a lawyer, one would be provided at no cost to you.
14:36
Do you understand that? Agreed, Your Honor.
14:40
If you file an appeal, you're entitled to have a transcript of
14:45
all the hearings in this case. Do you understand that right?
14:48
Yes, Sir. Are you waving that right?
14:51
Yes, Sir. If you could not afford a copy
14:54
of the transcripts, they'd be given to you at no cost.
14:56
Do you understand that? Yes Sir.
14:57
If you plead guilty today, you will not have the right to
15:00
appeal the guilty finding. Do you understand that?
15:02
Yes, Sir. Do you have any questions about
15:04
any of these rights? No, Sir.
15:06
Do you still want to plead guilty to count?
15:08
One. Yes, Sir.
15:09
Do you understand? By pleading guilty, you're fully
15:11
admitting your guilt to the charge.
15:14
Yes, Sir. You have to stand.
15:15
By pleading guilty to this felony, you're voluntarily
15:17
giving up your freedom for whatever period of time I could
15:21
sent you to prison, to jail, or to community control.
15:24
Agreed. Assault is a felony of a fourth
15:28
degree. It carries an 18 month maximum
15:30
prison sentence and a $5000 maximum fine.
15:33
Do you understand that? Yes, Sir.
15:36
Are you presently on post release control to the Parole
15:39
Authority? Cuyahoga.
15:41
I had 158 days left and I completed a halfway as I'm
15:48
trying to go to look now but it is.
15:51
It was called Oriental House. I'm not sure if you're familiar
15:54
with that. But is that were you in prison
15:57
and then you went there? No, I had almost yes, I almost
16:02
completed probation and me and my probation offered Bill
16:06
cabores were adequately talking on and off when I was at CBC yet
16:11
and I was struggling with use and then I had completed the
16:16
program successively because I had stopped being around pure
16:20
correspondence who were using and this rehab, they allow you
16:25
to smoke nicotine. And all I want to do is just,
16:28
you know, reintegrate into my community and stay sober.
16:32
So I don't plan to go here and mess up or F up.
16:36
All right. Do you understand that your
16:38
felony conviction will prevent you from owning or possessing a
16:41
firearm? Yes, Sir.
16:43
Do you understand if a prison sentence is imposed in this case
16:47
that you might have to serve a period of post release control
16:50
as part of the sentence for up to two years under the parole
16:53
authority? Yes, Sir.
16:57
If you are placed on post release control and you violate
17:00
any conditions of parole, authority could send you back to
17:02
prison for a maximum of nine months as part of this sentence.
17:07
Do you understand that? Understood, Your Honor.
17:09
If the violation of post release control is a new felony and you
17:13
could get an additional consecutive prison sentence for
17:16
that violation, do you understand that?
17:19
Understood Garner. And if that were to occur, the
17:21
maximum prison sentence for the violation of that sort would be
17:25
the greater of 12 months or the time you have left under the
17:29
post release control. Do you understand that?
17:32
Do you understand if a prison sentence is imposed, you are
17:35
eligible for judicial release? I could place you on community
17:39
control for up to five years, but if you violate any
17:42
conditions, I could send you to prison for 18 months.
17:44
Do you understand that? Yes, your Honor.
17:47
Has anybody promised you that I would be lenient on you just
17:50
because you're pleading guilty today?
17:52
No, Sir. Has anybody promised you what I
17:54
will sentence you to in this case?
17:56
No, Sir. Do you understand I do not have
17:58
to follow the sentencing recommendation of either the
18:01
prosecutor or your? Lawyer.
18:03
I understand, Your honor. Have you had enough time to talk
18:07
to Miss Thomas before pleading guilty today?
18:10
Yes, your Honor. Has she discussed?
18:12
Everything about your. Case and answered all of your
18:14
questions. Yes, your Honor.
18:15
Are you satisfied with the advice she has given you?
18:18
Yes, your Honor. Have you been threatened or
18:20
coerced in any way to plead guilty?
18:22
Today, no. Are you freely, knowingly and
18:25
voluntarily entering your guilty plea?
18:27
Yes. Do you have any questions at
18:29
this point? No.
18:31
All right. Mr. Dipiero, if this case went
18:32
to trial, what would the evidence?
18:33
Show the. Evidence would show February
18:36
21st, 2026 in Lake County, Ohio. The defendant Santez Tucker had
18:42
contact with Paintsville Police Officer.
18:44
Paintsville Police for talking to the defendant as they were
18:48
investigating an authorized use of motor.
18:50
Vehicle. Case the The officers were going
18:53
to detain Mr. Tucker at such time as Mr. Tucker physically.
19:00
We got to do an. Altercation with the police
19:01
officers through the course of the officers trying to detain
19:07
the defendant. The defendant.
19:09
Then threw an elbow. Back towards the job, Officer
19:13
Mario Maza, who's a certified peace officer who was on duty
19:18
wearing a uniform, driving a cruiser in the line of duty.
19:21
At that time, the defendant did have contact with Officer Maza's
19:26
job. Through the course of the
19:27
defendant fighting with the officers, Officer Mazza
19:31
sustained cuts on his hands and a scrape on his elbow.
19:33
And he had soreness. To the jaw, Miss Tom, is like
19:37
anything to add to those facts. Nothing of a facts, Your Honor
19:40
all. Right, Mr. Tucker, did you hear
19:42
what Mr. de Piro said, that the facts would show if the case
19:46
went to a trial? Yes, I clearly understood that
19:49
and I was saying 2 punches to the back at that time and they
19:54
slammed my head to the ground. But it's agreed I hear what the
19:58
council said. And do you and did that occur?
20:01
Yes. All right, then what is your
20:03
plea to count 1 assault, a felony of the 4th degree guilty.
20:08
What time is that? Your honor, I ever get the
20:15
Britain made guilty of Mr. Tucker before coming into court
20:17
when he's prepared to sign. So please hear and sign here
20:26
today's April 22nd. Got her.
21:12
For the record, myself and Mr. Sandek, Mr. Tucker, I've signed
21:15
the right and plea of guilty. Sorry I.
21:23
Witnessed those signatures. I signed this for myself, having
21:26
the court's permission of approaching and presenting.
21:28
Your Honor. Thank you.
21:36
All right, Mr. Tucker, is this your signature on the written
21:38
plea of guilty? Yes.
21:40
Did you sign it voluntarily? Yes, Sir.
21:42
Do you want me to accept that written plea of guilty?
21:46
Accept the written plea. Guilty.
21:47
Defendant was present. Witness Thomas Zach advised of
21:51
all of his rights and an only intelligent volunteer waiver.
21:54
He understands the nature of the charge of consequence of his
21:57
guilty plea in the maximum penalty.
21:59
Find it to be an only intelligent voluntary will.
22:01
Accept his plea of guilty. Find him guilty.
22:04
Caught one assault to felony 4. I'm going to refer this for a
22:08
pre sentence report, a psychological evaluation, victim
22:11
impact statement. Sentencing will be May 2611 AM
22:16
and the bond is revoked. Anything else, Miss Mr. De Piro?
22:20
No, your honor. Thank you.
22:20
It's Thomas, Zach. Nothing further, Your Honor.
22:22
Thank you. We're adjourned.
22:23
All right. All right.
22:29
Once again, everybody, good morning.
22:30
It's just TCF live on a Wednesday programming note.
22:32
We're doing 3 hours today, not 4, just so you're all aware.
22:37
Let's go to Michigan, Judge McNally.
22:43
Monthly or more on demand of probation.
22:47
So if you're clean on all your tests in the beginning, I'm
22:51
going to revert it to monthly testing after three months or
22:56
probation can still demand that you submit the testing.
22:59
I want you going to AANA at least three times a week now
23:02
until you're in outpatient treatment.
23:04
I'm ordering outpatient treatment.
23:06
Once you get into outpatient treatment, you no longer have to
23:09
attend to A, A or NA. So outpatient treatment A a
23:13
three times a week or NA until you're in treatment program,
23:17
attend the victims impact panel. You're not to have any contact
23:20
at all with the victims. You cannot write, phone, see
23:22
text, e-mail, or communicate with them in any way.
23:26
You're to serve five days jail credit one, serve four, and
23:29
we'll have you serve all four of those on the court work program.
23:33
So four days court work program. There's a $35 a day charge for
23:37
that for a total of $140. Pay fines 300 cost 35075 victims
23:44
rights fee, $50 justice assessment.
23:46
So fines and costs are 775. You have a $60.00 screening fee
23:50
for 835, probation fees of 300 for 11:35.
23:55
You have your port work program fees for a total of 1275 plus
24:00
$218 in cost of recovery. Your total is 1493.
24:04
You may be eligible for early discharge if you violate
24:07
probation. Your probation could be revoked.
24:09
You could be incarcerated for 93 days.
24:11
You have 21 days to appeal. You have 14 days to apply for a
24:15
court appointed lawyer for purposes of appeal.
24:22
We understand all of that. Yes, your Honor.
24:26
OK. And again, if you complete
24:28
everything and there's no violations of the preceding 90
24:31
days, by statute you're entitled to early discharge, file a
24:34
petition after 7 1/2 months if everything's been completed and
24:37
they've been no violations within the preceding 90 days.
24:41
Do you have all of this to pay today, Sir?
24:45
Can I work out a payment? Yeah.
24:46
How much do you have today? I can give.
24:48
You a couple 100 bucks or or what's my my total is 1400 and
24:55
something 9314. I paid 500 today.
24:57
You pay 500 now I'll let you pay.
25:01
You get paid weekly, right? I get paid monthly.
25:05
I'll let you pay $400.00 a month.
25:08
Is that good? I can make that happen. 404
25:11
hundred per month. And I'll start that beginning
25:13
May the 20th if you ever need more time.
25:17
So the 20th every month thereafter.
25:19
If you ever need more time. No problem.
25:20
Call the floor. We'll go on Zoom on or before
25:22
the due date at 8:30. Or you can walk into the honor
25:25
before the due date at 8:30. Do you understand that you're
25:29
going to go down the hall and make your payment to go over to
25:31
probation where they will instruct you, OK?
25:33
Yes, Sir. Anything else?
25:35
Council. Have a great day.
25:39
Oh, yeah, He's a good man. Tell him I said hi.
25:41
Thank you. Salaya.
25:43
Rashida Elmore, 26B15 O 523. Morning, ma'am.
25:56
Your name? All right.
25:59
You're charged with driving on a suspended license.
26:01
You have the right to an attorney.
26:03
Would you like one? I'll go ahead and arraign you,
26:06
and then I'll send you to the prosecutor to talk about it.
26:09
OK. On March 19 at 26, it is alleged
26:12
that you did operate a motor vehicle on Sibling near Dick's
26:15
Toledo in Brownstown at 8:57 PM. They think you had a suspended
26:18
license that is a misdemeanor punishable by up to $500 fines,
26:23
93 days jail costs are all those and two points.
26:26
Do you understand that? Did you sign, read and
26:29
understand the advice of rights? You plead guilty, You'll be
26:33
giving up all those rights and we're not going to have a trial
26:35
of any kind. You understand that?
26:36
And you still wish to waive your right to a lawyer?
26:41
Not guilty plea centered $500 personal bond.
26:43
You don't have to post any money.
26:45
You cannot leave the state without the consent of the court
26:48
or violate a law. You must appear in court as
26:50
directed. Do you understand that?
26:52
You understand all of that? OK.
26:55
So you can go out in the hallway.
26:56
He'll give the file to the prosecutor.
26:58
Prosecutor will talk. We'll call you in.
27:00
Thank you. Fountain.
27:03
Cornell. Lamar Fountain.
27:05
I'm still waiting on my lawyer. OK, No problem.
27:08
Who's your oh, Mr. Zelnick? OK.
27:11
Powell. Jermaine Powell.
27:14
Jermaine Powell. Jermaine Meilik Powell
27:19
24-B146938ABC24 B 147-0708 B&C Your name?
27:34
Jermaine Lee Powell. Where you been?
27:36
Mr. Powell and Morrow Mental Health.
27:41
I'm sorry. And Morrow Mental Health.
27:45
OK, I'm going to go ahead and arraign you.
27:46
I'm going to give you a lawyer if you want.
27:48
Once you Would you like a lawyer?
27:50
Let's give you a lawyer. What's this is for?
27:54
This is for this is for brownstone.
27:56
You have a super drunk charge. You have a resistant obstruction
27:59
officer charge. You have a suspend charge and
28:02
then you have Brownstown civil infractions that went unpaid
28:05
from 24. I'm sorry, those are all
28:07
Brownstown. Every one of these is
28:08
Brownstown. 2 civil infractions that were unpaid too.
28:13
So you got, well, actually, yeah, you got 4 misdemeanors and
28:20
two civil infractions. OK, so you go out in the Hall.
28:33
Who's our lawyer today? It's.
28:35
A new prosecutor for the House telling it's.
28:37
Just his name. Prosecutor, Yeah.
28:41
Oh, we have. We have Mr. Robinette here for
28:44
Miss Foley Carter today. Prosecutor That one's going to a
28:48
defence lawyer Fountain. Oh no, I'm sorry, Paul, people
28:53
against Paul Dylan, James Hall 25-B14A235A and B.
29:04
Name. Billy James off.
29:33
Did you meet with the prosecutor today?
29:34
Yeah. Let's see where he sent a
29:38
stipulation in. You met with him today?
29:42
Hang on one second. Oh, good enough.
29:48
Raise your right hand. Some of these swear affirmative
29:50
penalties of perjury that the testimony you were given, these
29:52
proceedings from the Vulture self you got.
29:55
Yes, Sir, you soundly swear to affirm that you will tell the
30:00
truth, the whole truth, and nothing but the truth, so help
30:02
you God. Yes.
30:03
OK, You had a you had a controlled substance charge that
30:08
I placed you on probation for. You also had a possession of a
30:13
concealed weapon. Since I sentenced you back on
30:24
July 30, 25, have you been arrested?
30:28
No, Sir. Any new charges?
30:31
No, Sir. Any contact with the police for
30:34
any reason? No, Sir.
30:39
OK, you did have violations before, right?
30:42
But you cleaned everything up, Right said.
30:45
Have they had something just go on?
30:47
Right. It looks like you're compliant.
30:52
You haven't had any. You're not.
30:53
You don't have any other cases pending?
30:55
No. Sir.
30:56
Stayed out of trouble. Yes, Sir.
30:58
Peace dismissed. Motion to prosecute.
31:00
Congratulations. We'll send you the probation
31:03
discharge papers. OK.
31:05
Good luck. So take everything out of lien,
31:08
if you would, on that one. Heather I.
31:12
Don't know what? What I had, but that's always
31:14
safe. All right, Jones, People against
31:42
Alyssa Christine Jones, 25 E 1 four OK 25 E 148251.
31:54
Good morning, ma'am. How are you?
31:57
Your name. Alyssa Jones, how are you?
31:59
I'm doing well. Good.
32:01
Raise your right hand. You suddenly swear affirmative
32:03
penalties of perjury to put testimony you'll give in these
32:05
proceedings would be the whole true show up you got.
32:08
Yes. So this was taken under 771.1.
32:13
It was reduced to disorderly person public intox.
32:16
Since you were arrested. Ma'am, have you had since I sent
32:21
you? I should say, have you had any
32:24
cases filed against you? No, Your Honor.
32:32
Any other cases pending? Nope.
32:36
Any any contact with the police for any reason.
32:40
No. Congratulations.
32:42
Case dismissed. I wish you well.
32:43
We'll send you the discharge paperwork.
32:46
OK. Awesome.
32:49
Thank you SO. Much.
32:51
You're welcome. Good luck.
32:53
Thank you. You as well.
32:55
Thank you so much. Bye.
32:57
Thanks Sibwenza Bryant, Amani Antonius, Sibwenza Bryant
33:02
26B15O757A and B morning your name.
33:16
You're charged with driving on a suspended and invalid
33:18
registration. You have the right to a lawyer.
33:21
Would you like one? OK, we'll set you up with an
33:24
attorney. You can go, Right.
33:28
Well, this will go to the defense lawyer, too.
33:34
Who's our defense attorney today?
33:37
OK. Robert John Gross Robert John
34:35
Gross 22B1416-O1 Your name Robert Gross.
34:43
You pled guilty to possession of a concealed weapon.
34:48
The plea was taken under 771.1, meaning the conviction is on
34:53
your record, but it will be dismissed if you're compliant
34:56
with probation at the conclusion of the probationary term.
34:59
Do you understand that? Before we go on I need to remind
35:03
you have the right to an attorney.
35:06
If you cannot afford an attorney I will appoint you wanted public
35:10
expense. Do you understand that?
35:12
Yes. Would you like an attorney to?
35:13
Represent you? No.
35:15
Did you have an opportunity to review this pre sentence report?
35:21
Adam's Lisa. John, I have a seat.
35:27
He's going to give you that to review.
35:29
I'll recall it. You tell them when you're ready.
35:31
OK, about that. Thornsbury, Johnny.
35:38
Luke Thornsbury, 258839358. I'm going to need the Jessica
35:49
and you know on this one your name, Sir.
35:56
All right, so let's backtrack and let me explain everything to
36:01
you. I sent you on February 4th of
36:03
this year. Your plea was taken under 7411.
36:07
It's a drug charge. I took it under probation for a
36:10
period of 15 months. I sent you, as I said, on
36:14
February 4 of 26. You pled guilty on March the 31
36:20
to a variety of counts, which I will cover with you anyway in
36:23
this momentarily failing to pay fines and costs, which is count
36:28
one. I'm sorry.
36:30
Count count 1 is is that you were positive for a cocaine
36:40
metabolite on a test of February 23.
36:43
Count 2, you failed to submit the testing is ordered on March
36:46
13. Count 3, you failed to refrain
36:49
from consuming drugs positive results for cocaine.
36:55
Count 4 you failed to submit the weekly testing is ordered on
36:59
March 25 and count 5, you failed to pay your fines and costs is
37:03
ordered. Miss O'Donnell, your appearance
37:06
please so. Did you do an amendment on this
37:15
one? I didn't.
37:16
Do an amendment. I issued a new one because you
37:19
took pleas on the last the 1st 5 technical violations on March
37:22
31st and then we scheduled them for sentencing today.
37:25
So I did issue a new one on there that's issued with
37:28
yesterday's date that has two new violations on there.
37:32
It should be on your page. There's one technical and now
37:34
one non-technical for picking up a new charge I.
37:40
Think I signed that, did I? No, you're not.
37:43
So I had it. Printed out yesterday.
37:44
Oh, that's OK, That's OK. OK.
37:46
Can I sign that? Do you have an original for me?
37:54
So Sir, you're also charged with fear to refrain from consuming
38:00
alcohol or drugs, cocaine metabolite on April 8th and also
38:04
that you feel to refrain from violating a law, plead guilty to
38:07
possession of drug fair family on February, on April 14th in
38:11
the 28th District Court in Southgate.
38:15
So I'm going to give you a lawyer.
38:18
I'm going to give you a lawyer. I think you need one.
38:24
You don't have to have one, but I would strongly suggest you
38:27
have one, and then you can cover everything with your lawyer
38:31
today, and then you guys can come back in front of me
38:33
whenever you're ready. Does that sound acceptable to
38:36
you? All right.
38:42
So would you take this to Mason for me and explain what has
38:46
happened? And.
38:47
And you can follow Miss O'Donnell there.
38:51
OK, Sir. And she'll set you up with a
38:54
lawyer. U.S.
38:57
Team Corp 26B15 O 589. Council, I need your appearance,
39:07
please. Yeah, sure.
39:12
Sorry. OK.
39:16
Your name. Yeah, my name is Maria.
39:19
I'm the safety manager of the company.
39:23
Where's the president at? He's not in the office, the
39:27
meeting is too early. This is why I'm appearing on
39:30
behalf of him. I need somebody to appear that's
39:33
the president, or at least the vice president, not a safety
39:36
manager. I don't mind bending these rules
39:38
a little bit on the civil infractions for corporations,
39:43
but I'm not going to have safety managers or managers handling
39:48
the case. The president has to be here.
39:50
Can you get a hold of them? Yes, give me just one second.
39:54
I'm going to give him. A Well, I, I, I'm going to ask
39:56
you to have him zoom in and I'll take the plea from him, OK?
40:00
Yes, sure. Thank you.
40:02
Angela Page, Jefferson 26 I 415290.
40:15
How are you? I'm good.
40:17
Your name. I just don't usually see people
40:20
walk up to the podium with a smile on their face.
40:23
You like being here. All right, So you're going to
40:27
plead the impeding traffic right?
40:30
Now, listen, you got to be careful.
40:32
Your record is starting to look kind of ugly.
40:35
I mean, I can do it on this one, but if you get another one,
40:38
you're not going to get impeding.
40:39
OK? All right, to the charge,
40:42
impeding traffic, responsible or not responsible?
40:46
Responsible. All right, 180, you're all set.
40:59
You're still smiling. Why are you smiling?
41:01
It's nice to see people smiling here.
41:03
Besides me. I'm the only one who?
41:06
I'm the only one who smiles in here anymore, right?
41:10
Have a good day. All right.
41:12
Let me see here. You ready, Mr. Gross?
41:17
Come on up here. Robert John Gross, 22B1416-O1.
41:26
Your name? Robert Gross.
41:28
All right, so, Mr. Gross, you've now read the report, right?
41:34
Yes. Any material additions,
41:36
corrections or deletions? Unbelievable.
41:38
By the way, I got to tell you, if I didn't already, and I don't
41:40
think I did, you have the right to an attorney.
41:43
I'll be happy to provide you with one if you would like one
41:45
at public expense. Would you like a lawyer?
41:48
All right. And you waive your right to a
41:52
lawyer, correct? Is there anything, is everything
41:55
this report accurate? In other words, at least I
41:58
guess. OK, you read it clearly and you
42:00
don't find any inaccuracy? Well, I want to make sure you
42:03
keep saying I don't believe that.
42:05
OK, Anything you would like to say?
42:10
How come you were walking around like without ACPL?
42:16
No, you. Didn't have ACPO for a video
42:19
guy. That was my mistake.
42:20
Well, they didn't. They said it wasn't a BB gun.
42:22
It says on an important BB gun. Let me read it to you.
42:27
Gross stated yes and they had to advise he had ABB gun on his
42:31
waistband. Oh yeah.
42:33
Smith and Wesson shield 177 caliber BB gun.
42:37
That's all it was. You didn't know that you had to
42:40
have ACPL to have that? The BBN, No, I didn't see the
42:43
spider man done him so I didn't know you had to have Cpl.
42:47
computer. I would not say you were
42:49
intoxicated or what was going on.
42:50
No, it was not well. You just gave me a you.
42:54
Were sitting on the side of the road.
42:57
They say you appear to be under the influence of Lockhart
42:59
narcotics and we're looking around.
43:01
Appearing parent. Nothing.
43:08
No. All.
43:17
Right. Six months probation.
43:26
You cannot leave the state without the consent of the court
43:28
or violate any law or ordinance. You change your address, your
43:31
place for employment, your home telephone number.
43:33
You must notify dilation. You have to report as directed.
43:38
You're to attend the rights and responsibilities weapons program
43:42
through Class A training center. OK.
43:46
Yes, Sir. And and you are still working at
43:53
the Ford? All right, order 24 hours of
44:06
community service. You have to have that completed
44:09
by I'm going to give you until June the 15th, 24 hours
44:14
community service, any nonprofit organization.
44:17
There is no proof other than that statement.
44:19
I'm not going to guess, I'm not going to order abstention, but
44:23
if you're, if you're using something, you better get
44:25
yourself some help. Three days of community service
44:28
by June 15. You're not to possess firearms.
44:30
You're not to possess dangerous weapons.
44:32
Again, you're to attend the Rights and responsibilities
44:34
program to Class A training center here to pay fines, 100
44:39
costs 175 victims rights fee $50, justice assessment
44:43
probation fees are 120. So your total there amounts to
44:47
445. Plus your screening fee of 60 is
44:49
five O 5. You pay that, you stay out of
44:51
trouble, you do your three days community service, you'll come
44:55
back, I'll give you a review hearing date and if you're
44:57
compliant, the case will be dismissed.
44:59
OK, so Heather, what do you have in terms of a review hearing for
45:03
me? If you violate, you could get 90
45:05
days. You understand this and the 771
45:08
status revoked and conviction would remain on your record.
45:10
You understand that Yes, OK, so it should be what Heather early
45:14
October how are. You.
45:16
Yes, Judge, we can do October 7th.
45:21
At 8:30 in the morning, October 7th at 8:30 in the morning.
45:25
Can you pay all your fines today?
45:27
No, I can pay like 100 bucks today and I can I get paid
45:30
tonight. So when are you going to pay the
45:33
rest then? Thanks sweetie.
45:36
You sure? What's the total right now?
45:40
Five O 5, you pay 100, you owe four O 5 by next Friday, so that
45:46
would be on the 20. Well, don't come in next Friday.
45:49
It's going to be kind of packed in here.
45:51
We got wallet days. So you don't want you don't want
45:54
to be coming in here that day. I'm going to give you until May
45:56
the 4th to pay everything, OK? You'll you'll go down the hall,
46:00
pay your hard. You'll get your notice giving
46:02
you your review hearing date on October 7th.
46:04
Then you're going over to probation where they'll go over
46:07
the youth with you. OK?
46:08
Yes, Sir. Best of luck to you.
46:10
Thank you. So you all know if you followed
46:14
me long enough, I am unapologetically to a.
46:18
So the the concept of needing ACPL to carry ABB gun blows my
46:25
mind. You know, I left Michigan behind
46:27
almost 20 years ago now with no desire to return and that kind
46:31
of solidifies it for me. 29 of the 50 states now have gone
46:38
constitutional carry. In other words, you do not need
46:41
a permit to concealed carry a firearm.
46:45
So the idea that Michigan wants you to have ACPL for ABB gun
46:49
just does not align with the national trends for sure.
46:53
But that's what I think. You let me know in the comments
46:55
if in the chat rather, if you feel differently, let's go to
46:58
Florida. Wade Mercer.
47:02
Kind of playing or attempting to load one kind of reckless
47:05
driving and one kind of driving while license suspended.
47:07
These are old charges. My understanding from the
47:11
complaint is that when these charges happened and the same
47:14
day after you allegedly fled in Jackson County, there was an
47:18
accident in Alabama, someone passed away, and you were
47:22
actually sent to prison in Alabama.
47:23
Is that correct? Yes, Sir.
47:25
I think it was the same continuing incident traveling
47:29
through Jackson County in Alabama.
47:30
It was the same incident, though.
47:33
So Mr. Lutz, when did you get out of prison?
47:36
Last year in June, I believe, there's a 26th of May 5th of
47:45
26th Escape in Shelby County. May 5th of 26.
47:50
Excuse me, April 5th. April 5th of 26th, which would
47:53
have been two weeks ago in Shelby County, Alabama.
47:56
Is that charge pending? No, that that is where they pick
48:00
me. That's a fusional.
48:01
Charge that they're where they pick me up for this, OK.
48:06
And then there's a August 14th of 24 violation.
48:10
That's that's where you allegedly violated terms of your
48:12
parole or something, correct? Yes, did.
48:16
You get my text. Message.
48:18
I did. I did.
48:19
I think that's the same thing. So I I think the way I'm reading
48:22
this, you haven't been charged with any new crimes since you
48:25
got out of prison. Is that accurate?
48:27
No, Sir. Yes, Sir.
48:29
OK. All right.
48:29
I just want to make sure I'm reading it right.
48:31
It looks like there may have been a violation of something
48:33
about drugs in your system. Mr. McDaniel explained that.
48:36
And then the escape is actually the warrant from another state.
48:40
So you've been in jail a couple of weeks in Alabama waiting to
48:43
get. Here Is that correct?
48:45
Yes, Sir. OK, Fair enough.
48:47
Let me see if the attorneys have any additional information.
48:49
Mr. McDaniel, anything. Just take that information in.
48:56
The court. Reason release.
48:59
Thank you, Mr. Mitchell. We just request the reasonable
49:05
standard bond for the charges that he is.
49:09
So, Mr. Lutz, these are 2007 cases and I understand that
49:14
you've been to prison for something or allegedly occurring
49:18
the same day or same when Florida was known as the same
49:21
criminal episode. So that's a factor.
49:23
For how long was the actual prison sentence?
49:25
I'm not asking how long you served him.
49:26
What was your actual sentence? 18 years, that's.
49:30
How much you OK? What?
49:31
You sent to that 18 years? Yes, Sir, because because I got
49:35
out one year before prior. So given all that I'm going to
49:40
give, those are factors that the judge and the and your attorney
49:43
obviously need to know when you get over the felony court on
49:45
this. I'm going to send you a $5000
49:46
bond on the felony charge, $2500 on a misdemeanor.
49:49
Actually, I'm not going to do that.
49:50
I'm going to tell you what I'm going to do.
49:51
I'm going to do a $5000 bond on the felony.
49:54
They didn't, they didn't file any information on the
49:56
misdemeanors. That's what I'm getting to.
49:59
Yeah. Someone had a $5000 bomb on the
50:01
felony and I'm gonna give you an RR on the 2 misdemeanors.
50:04
And let me explain why this The state asked for a warrant on all
50:08
three charges, actually, Yeah, they asked for a warrant on
50:11
three charges. But then the prosecutor only
50:13
filed only charged you with the one second degree of felony
50:17
thing and looting. So the other charges technically
50:19
have not been filed against you and they've been sitting there
50:22
for almost 20 years. So I don't know if the state can
50:24
go forward on those or not. So I'm not going to ask you to
50:26
require you to post a bond on that.
50:27
You've got the one bond to post on the felony.
50:30
And Mr. McDaniel, I'm I'm not familiar with these these
50:33
situations. This may be a conflict for your
50:36
office because of who the prosecutor was.
50:38
It probably will be I'm. Going to let him.
50:40
Know. OK, fair enough.
50:42
So, Mr. Lutz, you've got to write the post bond.
50:44
If you post the bond, you'll be released.
50:45
You'll get to use the phone in a few minutes.
50:46
Your court date should be May 5th at 8:30.
50:49
Any questions, Sir? No, Sir, I suspect.
50:52
Have a good day, Sir, if the state actually proceeds with the
50:55
case, because nothing's going to happen.
50:57
Until they get an. But there is an information file
50:59
so. There's.
50:59
Yeah. So yeah, I doubt it.
51:08
Judges just surety bonds only option.
51:13
I think given severity of the charges and also what happened
51:16
in the same event, we would just be requesting a standard surety
51:19
bond. Yeah, I can't say that surety
51:21
bond. That's both sides agree.
51:22
I'm a cash bond, so it's a surety bond.
51:24
I said 5. Yes.
51:31
And are all the other two that haven't been filed.
51:38
I was thinking the exact same thing about.
51:40
That's probably a conflict automatically.
51:46
All right. Good luck, Mr. McDaniel It's
51:49
everything I had on my first appearance list for this
51:51
morning. Anything else from the Public
51:53
Defenders office and. Short morning for Wade Mercer.
51:58
Let's go back up to Michigan Judge Desanto.
52:06
Your Honor, Good morning, Richard.
52:07
PC Ronald P33828 pairing on behalf of the 85 Plan first on
52:11
the right Eastern daytime set. First show cause matter.
52:14
Sir, please state your name. All right.
52:16
Good morning, Sir. Thank you for addressing
52:18
appropriately for court. Today's date scheduled for show
52:21
cause on your client's I mean lack of payment on the $17156
52:28
he. Owes.
52:29
From his. Conviction.
52:37
Disorderly conduct back in 2023. That's.
52:42
Correct. Runner and my client says he
52:44
does. Yesterday he made a payment.
52:46
What did you bring in yesterday, Sir?
52:47
I paid him. I made a payment on Monday.
52:50
And what was getting on that? $30 and this court may recall he
52:55
was placed on a payment program. He is aware that he still has
52:58
obligations, although he completed the probationary
53:00
period, the monetary amounts have to be taken care of.
53:04
He's aware of that he has additional $25 a day.
53:08
The reason, your honor, the payments are in the lower range
53:12
is because he is a presently the only employment he's already has
53:15
going to call it that is he's a caregiver for grandmother whose
53:18
present court. He also is to support himself.
53:22
He said to donate blood. But right now is the reason why
53:26
is because recently at Colonis restaurant where he was a
53:30
dishwasher server closed out, so that's how he lost his
53:34
employment. You were, Excuse me?
53:38
You were just instructed all phones have to be off.
53:41
Step out into the lobby, please. Now, out in the lobby, all
53:45
phones are to be off. We have paused.
53:50
That's his grandmother, OK. So your honor, he wants to
53:54
continue to make regular and people may and bus as he can,
53:58
but right now that's all you can afford.
54:00
He's obviously here, some people just forget about it, never show
54:04
up, but my client is showing up each and every time.
54:06
So we'd like to consider that. OK.
54:14
Well, Sir, when did you fall off on your payments?
54:23
When I lost my dad. OK.
54:29
And have you been applying anywhere else for work, Sir?
54:34
Yes, ma'am. Yes, yes, Judge.
54:37
I just did an interview for contacts OK for house.
54:43
OK. All right, Sir.
54:47
So here's what I'm going to do. You made a $30 payment
54:50
yesterday. On Monday.
54:53
Oh, Monday, Sorry, yes, you said that Monday.
55:01
All right, So can you commit to $30.00 per month at this point?
55:09
Five to be OK. 25 yes, all right.
55:17
And he's speaking in England 25 today, I told.
55:20
Him, he could pay. Online as well as come in.
55:22
OK. So then what we'll do is we'll
55:24
indicate that payment plan will start today then, OK.
55:27
Yes, ma'am, Yes. OK.
55:31
All right. So then just you can get
55:35
information as well, Sir, about paying online at the window.
55:38
And Sir, in the event that you're unable to make a payment,
55:45
please e-mail into the court, OK, to let us know what the
55:49
situation is. If when you don't e-mail, you
55:52
don't communicate, that's when you have to come back to court.
55:56
OK. All right, have a good day, Sir.
55:59
Thank you. Thank.
56:00
You all right? And we are on the record in the
56:02
matter of the You're welcome the state of Michigan versus Jose
56:10
Jimenez Gonzalez 241321 Mr. Gopal.
56:38
All right, well, they sort out who's going to be up next.
56:41
Let's go down to Texas because we haven't been there all week.
56:44
Nobody's been up and running really well.
56:46
We went to El Paso, so I guess we did go to Texas, but not like
56:50
the the big judges. But Judge W is up and running
56:54
this morning, so let's say good morning to her.
56:58
Get someone hired? No.
57:01
No. So who did you talk to?
57:06
Actually, you told me at work, so I started applying for the
57:09
jobs, I guess here at 2:00. Take your hands out your
57:12
pockets. Speak where I can hear you.
57:16
Sorry, told me I couldn't do post or didn't work so I've been
57:20
applying for the jobs. OK.
57:22
Second interview today at Home Depot at 2:00.
57:25
OK, All right, So what I'm going to do this morning, Mr. Gray, is
57:28
have you fill out some paperwork to see if you qualify for a
57:30
court appointed lawyer. Make sure you fill it out
57:33
accurately and completely. You're going to swear underoath
57:35
that it's all true and correct and then I'll take a look at it.
57:38
Step in front of the clerk on the end and she'll give you that
57:40
paperwork. And Brittany Davis.
57:43
Brittany Davis, I'll recall that forfeiture.
57:56
Good morning, ma'am. Good morning.
57:57
You're Brittany Davis. Yes.
57:58
And Miss Davis, were you able to get a lawyer hired?
58:01
Oh my, talk to Jill Todd, Neil Davis and Corey Huff.
58:04
So three of them is looking pretty good.
58:07
OK. Where are they located?
58:09
In Houston County. And so where are you being able
58:12
to get one of them hired? I was hoping for if I can
58:15
request a bond reduction because it's kind of hard paying the
58:19
bondsman I. Typically don't.
58:25
Once you've made bond, reduce the bond.
58:28
I have before. Let me look at something real
58:32
quick. So you made a $10,000 bond?
58:58
No, wow. They pretty much took a portion
59:02
because I have. A Right, but that was, I mean
59:04
that was the amount that's your bond amount and then they made
59:07
you pay part of that, correct. So your bond was a $10,000 on
59:12
what you're charged with. I think it's reasonable.
59:14
I'm not going to reduce that it was a. $100,000.
59:17
Did you miss court? Did you have some positive
59:19
imports? With a patch, yeah, yes.
59:28
You still have the patch on, yes.
59:41
So the patch February was positive.
59:58
I have a seat in the jury boxes. Get you tested this morning.
1:00:00
Make sure you're clean. Broderick Gillery.
1:00:23
Good morning, Sir. You're Broderick Gillery and Mr.
1:00:26
Gillery. Were you able to get someone?
1:00:27
Hired I have the three time to get.
1:00:32
Who you talk? To I'll talk to Beris Kelly law
1:00:37
firm and she said I have to pay $5000 and pay for the rest and
1:00:44
Wayne Walker and I guess she said it was just like Kyle
1:00:48
Walker as well. Right.
1:00:50
I was trying to see if maybe if I can try to get a.
1:00:54
Are you working? Yes, I just started working.
1:00:57
Where are you working? I work in a Goodyear.
1:00:59
OK, so why don't I do this? If you just started working,
1:01:03
it's are you? What are your hours?
1:01:08
Money goes to their city, OK? 40 hours, 40 hours.
1:01:12
OK. And what is your rate, 22,000?
1:01:15
You're probably now that you're working.
1:01:17
I don't know that you would qualify making that amount.
1:01:20
You might. But let's let you go.
1:01:21
I'm going to reset your case one more time.
1:01:24
See if you can get some money saved up.
1:01:26
Talk to some other lawyers. So if you get someone hired
1:01:29
before the next court date, same thing applies.
1:01:32
Bring that from 2nd and get to them.
1:01:35
But if not, talk to the three others.
1:01:37
You can tell they all charge different amounts and stuff.
1:01:39
So if I'll talk to them, bring me those names.
1:01:42
Also, bring a pay stub in with you.
1:01:44
And if you haven't been able to hire someone, we'll talk about
1:01:47
you filling out that paperwork. OK.
1:01:48
All right. Second point of the clerk,
1:02:01
Akaya Nash. Good morning.
1:02:15
Are you Akaya Nash And Miss Nash, this is your initial
1:02:19
appearance and cause #26 DCCR 02/06.
1:02:24
You're charged with a second degree felony offense of
1:02:27
aggravated assault with a deadly weapon from November 23rd of
1:02:31
2025. Since you've made bond in your
1:02:34
case, have you had an opportunity to try to hire a
1:02:36
lawyer? Oh, I can, but I haven't.
1:02:38
Because I just started working. Sure.
1:02:40
OK, So what I do, Miss Nash, I'm going to reset your case about
1:02:43
30 days to give you some time to try to get someone hired.
1:02:46
If you get someone hired before that next court date, just bring
1:02:49
the reset notice that you get today to that lawyer and they'll
1:02:52
tell you what to do. If you're unable to hire someone
1:02:55
before the next court date, then I'm ordering that you visit with
1:02:58
at least three lawyers. They all charge different
1:03:00
amounts of different payment plans.
1:03:02
Bring me back the names of the lawyers that you've talked to so
1:03:05
I know you're trying, and then we'll discuss your options if
1:03:07
you need more time or things like that.
1:03:09
If you don't do that, then when you come back, you run the risk
1:03:12
of me raising your bond for not following that court order and
1:03:15
you'll go back to jail. Do you understand If you'll step
1:03:18
in front of the clerk, she'll give you a reset.
1:03:19
Notice. Yeah.
1:03:29
I don't think this is understand.
1:03:34
Darien Broussard. Good morning.
1:03:44
You're Darien Broussard and Mr. Broussard, you're on misdemeanor
1:03:48
probation. Answer yes or no?
1:03:50
Yes. No.
1:03:51
And it looks like I've gotten some information that maybe
1:03:53
you've been tested positive on that probation.
1:03:56
Have a seat in the jury box. I may get you tested this
1:03:58
morning. Corbin Rayley.
1:04:13
Good morning, Sir. You're Corbin Rayley?
1:04:15
Yes, ma'am. And Mr. Rayley, were you able to
1:04:16
get someone hired? No, ma'am, but.
1:04:18
I brought the. Some pay stubs like you asked
1:04:21
for. OK, let me see that.
1:04:24
Hand it to the the right side. OK.
1:04:29
I've been making sure to get them every week.
1:04:32
Perfect, so you paid each week? Yes.
1:04:41
OK, All right, So what I'm going to do, I appreciate you doing
1:04:44
that. What I'm going to do this
1:04:45
morning, Mr. Rayleigh, is have you fill out some paperwork to
1:04:48
see if you qualify for a court appointed lawyer.
1:04:50
You need to make sure you fill it out accurately and completely
1:04:54
because you're going to swear underoath that it's all true and
1:04:56
correct. So put that income in whatever
1:04:57
your bills are and things like that.
1:04:59
OK, Second front of the clerk on the end.
1:05:25
All. Right.
1:05:32
I will keep an eye on Judge West.
1:05:35
Let's head back up to Judge McNally for now, all.
1:05:43
Right, so you're standing in with Mr. Dubin and you grant him
1:05:47
permission to do that, correct? Mr. Heidi User, am I pronouncing
1:05:51
that correctly? Edo Edozu, I'm sorry.
1:05:54
So Mr. Slavin, as I understand it, your client is going to
1:05:57
plead guilty to operating while impaired. the Super drunk charge
1:06:01
will be dismissed on motion of the prosecutor and also he is
1:06:05
going to plead guilty to resist and obstruct an officer under
1:06:09
771.1 with the with the urinating in public to be
1:06:15
dismissed, correct? That's correct.
1:06:17
He's completely no different stuff speaking the alcohol
1:06:20
content, but he has memory shaky the.
1:06:24
Best he had advised of his. Rights and then he did sign the
1:06:35
best rights. He didn't, he didn't indicate a
1:06:37
no contest plea here. I'm not saying I wouldn't take
1:06:40
it. You don't remember this
1:06:43
incident, Sir, so there's a lack of memory.
1:06:47
OK, so I will go ahead. You need to find the police
1:06:52
report here. If you plead no contest to the
1:06:56
charge of operating well impaired, the possible penalties
1:07:00
are up to 300 fines, 93 days jail, 360 hours community
1:07:04
service, court costs are all those four points.
1:07:08
You know what I'm getting ahead of myself.
1:07:09
I don't even see a police report in.
1:07:12
We will step in like the. Blood out, all coming back.
1:07:16
He's also the executive statements prime lab.
1:07:20
Came back with. .29. Maybe it's so stable?
1:07:24
That I can basically. John Go.
1:07:41
Find out. He needs the answer that.
1:07:44
Hello, Mr. Dean. Mr. Robinette, can you send me
1:07:47
in a police report on Idozo here?
1:07:49
Prince Idozo? I don't have a police report in
1:07:52
the fire, Judge. I'll have that right in to you.
1:07:54
Thank you. Thanks, Judge.
1:07:56
We'll be right there. OK, so let's start here.
1:07:59
If you plead no contest to the charge operating while in
1:08:02
period, it has the same effect as a guilty plea.
1:08:04
The possible penalties are up to 300 fines, 93 days jail, 360
1:08:09
hours community service, Court costs are all those four points
1:08:12
would be out of your traffic record.
1:08:14
Your license would be suspended or revoked in accordance with
1:08:17
your record. Do you understand that?
1:08:19
Yes. And if you plead no contest to
1:08:22
the charge of resistant obstruction, officer of the
1:08:25
possible penalties are up to 500 fines, 90 days jail costs for
1:08:30
all of those penalties, you understand them.
1:08:33
And again, you understand that a no contest plea has the same
1:08:37
effect as a guilty plea. You got to keep your voice up.
1:08:42
And you understand if you plead no contest on the R&O, the
1:08:45
resist and obstruct that I'm going to take it under the
1:08:47
provisions of Section 771.1. I'll put you on probation if
1:08:51
you're compliant at the end of the specified period that I set,
1:08:54
the case would be dismissed on motion.
1:08:56
The prosecutor, do you understand?
1:08:58
That. All right.
1:09:00
And did you sign, read and understand an advice of rights
1:09:03
form here today? If you plead no contest, you'll
1:09:06
be giving up all those rights and we're not going to have a
1:09:09
hearing or a trial, if you understand that.
1:09:12
OK, we're going to And you stipulate I can use the police
1:09:15
report to bring it right up here.
1:09:16
Sir. Who who are you?
1:09:20
I'm. My name is Tony, the law clerk
1:09:23
for D OK, good to have you here. All right, so you stipulate I
1:09:27
can use the police. That stipulation is correct.
1:09:30
All right, so by stipulation, I'm going to have that mark
1:09:33
people as one and I'll review it.
1:09:34
To the charge of operating more visibly impaired, how do you
1:09:38
wish to plead? No conference.
1:09:42
To the charge of resistant obstructing officer, how do you
1:09:45
wish to plead? No.
1:09:47
Conference, All right, give me one second.
1:09:48
We're going to have that Mark. I'm going to review it and we
1:09:52
will go from there. Something bothered me here.
1:09:58
I can tell you that I alerted 3 times.
1:10:03
Is he a prior drunk? Drivings.
1:10:04
No, it was just as a result of the wood.
1:10:07
All right, let me just double check this.
1:10:11
What might have been the situation, factually, at least
1:10:13
from my name, Is that the urination in public.
1:10:17
He was in this. Driveway with computer desk.
1:10:19
A couple of times they can. Fill in the house but.
1:10:20
Obviously, they have to keep an eye on to make sure that no one.
1:10:23
Consumes. Alcohol or doesn't?
1:10:25
Say that might. Impede the investigation so
1:10:28
instead of just urinating themselves.
1:10:31
He you. Know you did not right away.
1:10:36
It's a situation, I think. Right.
1:10:40
All right. I've reviewed the report.
1:10:42
There's a factual basis for both the pleaded with operating well
1:10:45
impaired as well as RNL. Are you on probation or parole?
1:10:50
No. Anybody force you to plead no
1:10:52
contest? No.
1:10:54
Anybody promise you anything other than a dismissal of the
1:10:57
urinating in public and the Super drunk charges if you
1:11:01
pleaded no contest? Yeah, I'm going to accept your
1:11:04
plea of no contest to the charge of operating well impaired.
1:11:08
Dismiss the Super drunk on motion to prosecutor.
1:11:10
Accept your plea of no contest to resist and obstruction,
1:11:13
Officer. I'll take that under Section
1:11:15
771.1. I'm going to refer you for a
1:11:19
screening and assessment. We're going to give you a
1:11:21
sentence date. I'm also dismissing the
1:11:22
urinating in public charge on motion to prosecutor.
1:11:26
So we're going to give you a sentence date, You're going to
1:11:29
go down the hall, get your notice, and then you'll come
1:11:32
back for sentence. So what do you have for me,
1:11:35
Heather, for sentencing? We can do May 6th at 8:30.
1:11:41
Is that good with you, Mr. Slavin, that that works?
1:11:44
May 6th at 8th? That's fine.
1:11:48
May 6th at 8:30, go down the hall, get your notice and then
1:11:52
we'll see you back here. OK.
1:11:54
But you're going to go across the hall and fill out a question
1:11:57
and be interviewed before you leave Any questions?
1:12:00
All right, good luck. Thank you.
1:12:02
Thanks a lot. And he has been going a a right.
1:12:04
He just wanted to tell you that he's got all extension.
1:12:09
If you've seen him and and he's been going no problem.
1:12:11
I don't need to see it. Thank.
1:12:12
Thank you very much. Jermaine Malik Powell here.
1:12:17
Who's who's your lawyer, Sir? Mr. Gaith.
1:12:27
You want to? Well, we have to get him in here
1:12:30
first. Just wait one second.
1:12:34
You have a seated right at the table there, OK.
1:12:43
He said it could be. OK, go off the record.
1:12:51
All right, since he's off the record, we're going to do
1:12:53
something fun that just popped up.
1:12:56
This is a special stream from Judge Middleton where he is
1:13:00
explaining the courthouse that he is in.
1:13:03
You know, we went through that on the pre show, but let's hear
1:13:05
it from him. Good morning.
1:13:10
Today is the 22nd of April, 2026.
1:13:17
We tried to make this record yesterday, but we had some
1:13:19
technical difficulties when we first started our morning.
1:13:25
I'm in the historic courtroom in the Saint Joseph County
1:13:28
Courthouse. And yesterday, April 21st, was
1:13:34
the first day that District Court proceedings had ever been
1:13:38
held in this courtroom. And it's the first day in many,
1:13:42
many years that any court was held in this courtroom.
1:13:48
This courthouse was built in 1900.
1:13:51
They started in 1899. The cornerstone was laid and the
1:13:55
courthouse was dedicated in August of 1900 and started to
1:14:03
hold court. At that time, the courthouse
1:14:08
contained the Circuit Court and the probate court.
1:14:12
There was no District Court at that time, and the Circuit Court
1:14:17
was shared with Branch County, at least Branch County.
1:14:23
We didn't have a Saint Joseph County Circuit Judge.
1:14:26
We had a Saint Joseph County probate judge.
1:14:29
The Circuit Judge served in two counties, and it was originally
1:14:35
Theo Jacobs, at least in this century.
1:14:40
There were some others before that, but into the like maybe
1:14:43
30s in the last 100 years. Judge Theo Jacobs, Judge Mark
1:14:48
Andrews, Judge Robert EA Boyle, who presided in this courtroom
1:14:55
when he was first elected, Judge James Noacker, Judge Paul
1:15:05
Stutzman. That is the Circuit Court
1:15:10
chronology, and this was the circuit courtroom.
1:15:15
The new courthouse, well, there was an earlier courthouse on
1:15:19
this spot in the village square in Centerville.
1:15:22
It was built in 191842. Michigan became a state in 1831,
1:15:30
like Centerville was incorporated near that time.
1:15:34
In 1842, a courthouse was built on this grounds.
1:15:38
We have some pictures of it. There's a mural of it in the
1:15:42
hallway that was painted by someone in the 20s or 30s, had
1:15:47
two outside restrooms. And anyway, that building was
1:15:51
torn down and this building was built, as I said, in 1900.
1:15:58
It served as the County Courthouse for all of that time
1:16:03
and till the early 70s when there was an effort to build a
1:16:07
new courthouse. And that is what has become to
1:16:10
be known as the Courts Building. And that is located immediately
1:16:15
adjacent to this. It's a big square box they
1:16:18
plopped down there and opened in 1975, held all four courts,
1:16:24
District Court, probate court, Circuit Court.
1:16:28
There were only three judges at that time and this courtroom was
1:16:31
closed down in 1975. So there was one trial in here
1:16:39
that I conducted when I was prosecuting attorney in the mid
1:16:42
90s on a pyramid scheme case. We had a visiting judge from Van
1:16:48
Buren County. He said he would come if he
1:16:50
could try the case in here. And so we did and I tried the
1:16:57
case. According to the Attorney
1:17:00
General's the first pyramid scheme scheme case had been
1:17:03
tried in Michigan and anybody's memory and it was convicted
1:17:09
there were two of them. Anyway, Judge Stutzman a time or
1:17:15
two did jury selection in here in large cases, murder cases
1:17:20
that required lots of jurors to be brought in.
1:17:23
So they did use the courtroom. But from 1975 to 1995 or 96,
1:17:32
this room was all in disrepair. The roof leaked, they had some 2
1:17:39
by 4 offices built in the back. It was in very poor condition
1:17:44
and a previous county Commission decided in the 90s that they
1:17:49
would refurbish this historical court building.
1:17:52
And they did an excellent job. They had a good plan.
1:17:57
They set up a shell building and they moved all the county staff
1:18:02
that was housed in this building to that shell.
1:18:05
They completed the construction. They were very careful with
1:18:08
historical accuracy. The wallpaper you see behind me
1:18:17
was actually hand painted by the ladies from Three Rivers Floor
1:18:21
Clothes and there are a number of their pieces of artwork here
1:18:26
in the building. There is a judicial seal up
1:18:29
higher. We can't see it.
1:18:32
It's also stenciled on the wall. They did meticulous care with
1:18:36
restoring the old furniture. I'll show that to you in a
1:18:39
little bit. The original courthouse chairs
1:18:42
were all taken and professionally redone, and this
1:18:46
was then used as the county Commission chambers from 1995 or
1:18:53
so. I mean 19, 95 until present day.
1:18:59
The county commissioners use this as their meeting space and
1:19:02
it is a appropriate space for that use.
1:19:10
The courthouse that was built in 1975 is now more than 50 years
1:19:18
old and it is in shabby state. So the County Commission once
1:19:26
again decided it was time to refurbish it.
1:19:31
So when the last four years they bought the a building in Three
1:19:36
Rivers and they refurbished that and they moved the Probate
1:19:38
Court, Friend of the Court and some other county services to
1:19:42
Three Rivers and now they are refurbishing the what was
1:19:48
previously known as the Courts building.
1:19:51
It's going to have better security, better plumbing,
1:19:54
better mechanicals, better everything.
1:19:57
That will be essentially new, $12.5 million.
1:20:01
And it's a ghost town full of activity over there.
1:20:06
All the officers are stripped bare, dirty carpet, dirty walls,
1:20:11
water's turned off. The workers are over there now
1:20:17
and working on it. They did hang my nameplate on
1:20:23
this bench, but it's hung too low to for anybody to see it.
1:20:26
So maybe we'll pull it up so it's visible to the members of
1:20:30
the audience, but not on the camera.
1:20:34
So in order to facilitate the construction of the courts
1:20:40
building, it was determined by the Commission, by the builders,
1:20:44
by the building manager that it would be better.
1:20:47
We can completely empty that building, so it would go faster
1:20:53
and be easier to do. And then it turned out where
1:20:55
they really couldn't do it unless everybody was out of
1:20:57
there. So I got a higher chair.
1:21:02
I felt like I needed a booster seat.
1:21:04
But I think we're going to agree this one will be adequate.
1:21:09
So Judge Patterson and I will be sharing this courtroom as a
1:21:13
district courtroom. We also have a very small
1:21:17
hearing room which is outside of Judge Patterson's office and he
1:21:23
is operating out of there and we'll both be sharing and we
1:21:27
both have offices on this floor. What was previously Judge
1:21:32
Boyle's office behind me is now the jury room.
1:21:37
In the days this court was used, it was certainly a different
1:21:42
time, same place, but different time.
1:21:46
The lawyers would come into town for the terms of court in those
1:21:53
days. And even when I first started in
1:21:55
1980, the Circuit Court ran on terms.
1:21:59
I had a January, April, July and October term of court and they
1:22:06
would call all the cases. On the first day of the term of
1:22:09
court, the lawyers would come into town, many of them on a
1:22:15
train from Sturgis to Wasipi of all places, which is really in
1:22:20
the middle of nowhere. And then they would take a
1:22:22
carriage from Wasipi to the Centerville House, the hotel
1:22:26
that's Kitty corner from the court square, and they would
1:22:30
stay there. And then all the lawyers would
1:22:31
come in and they would start to conduct their business.
1:22:35
As I understood it, it was everything civil matters,
1:22:41
criminal matters, divorces. They would address them on the
1:22:47
first day of the term of court and maybe schedule what needed
1:22:50
to be done after that. And those were the lawyers that
1:22:56
were here before us. Most of the lawyers that
1:23:00
practiced here passed away are two senior members of the bar,
1:23:06
Pat O'Malley from Three Rivers and Howard Bush from
1:23:12
Constantine. Howard was born in 1941.
1:23:15
I believe he actually may have practiced in this courtroom.
1:23:20
Judge Nowaker was a prosecutor in this courtroom, and many of
1:23:25
our attorneys that preceded us, like the Ray Dresser senior who
1:23:32
was president of the State Bar, Rotary Governor, practiced in
1:23:38
here. Ray Dresser junior was a fine
1:23:42
attorney and Sturgis practiced in here.
1:23:45
Leonard Weiner, Dick Wade, Leonard Bullard, the attorneys
1:23:51
that preceded me, they'd be all be over 100 if they were still
1:23:54
living. They practiced in this
1:23:57
courthouse and this courtroom, and things were certainly more
1:24:01
genteel than they didn't hold court in the summertime.
1:24:07
It's too hot. They didn't have any air
1:24:09
conditioning. So if they could avoid it, they
1:24:11
didn't try any cases in the summertime.
1:24:16
Judge McManus came to Saint Joseph County and I believe 1963
1:24:21
from Lenawee County, and he became the county prosecutor.
1:24:27
He was young at that time, and when I took over as prosecutor's
1:24:32
office, he had a box that said felonies 1963 to 1969 had about
1:24:40
20 cases in it. The whole box held six years
1:24:43
worth of felonies. It's a different world that we
1:24:46
live in today. And it was gentler and quieter,
1:24:51
but not always because you could go to prison for things like
1:24:54
stealing something out of somebody's garage.
1:24:57
It was a harsh time to, particularly if you were of
1:25:05
color. The District Court was created
1:25:11
by the Michigan Legislature and courts, I believe night the
1:25:18
Constitution of 1969 created the District Court and bit away with
1:25:23
the justices, the peace. So they had to find a place for
1:25:27
the District Court, which was what's now in the historic room.
1:25:32
All of my staff, Judge Patterson and my staff is now housed in
1:25:37
that room. It's full of books on shelves.
1:25:40
They did carpet it to protect the floor.
1:25:42
And for the next year and a half or so, they'll be operating out
1:25:45
of there. There were some famous cases
1:25:51
tried here over the years, homicide cases, and we didn't
1:25:55
have very many, maybe one every several years.
1:25:59
And there was a homicide here in Centerville in the 60s that I
1:26:02
think it was tried in here. There was a famous case from
1:26:06
Detroit that was tried here in the 70s, about 1972, maybe 71.
1:26:15
And a Giacalone, who was at that time believed to be the head of
1:26:18
the Detroit crime family, had a change of venue.
1:26:26
I believe he was charged with possession of a bludgeon, which
1:26:30
is an obscure statue that encompasses like a blackjack or
1:26:36
ASAP. He was charged with that.
1:26:39
And the venue was changed and they sent the matter out to
1:26:44
Centerville to be tried. And somebody came either from
1:26:49
the Wayne County Prosecutor's Office or the Attorney General's
1:26:57
office. And I think Judge Boyle tried
1:27:00
it. Well, maybe he wasn't here yet
1:27:04
anyway. Maybe they brought a judge from
1:27:06
Detroit. Anyway, they had a trial, a jury
1:27:09
trial in here regarding Anthony Jacoloney and his possession of
1:27:15
a bludgeon. And I believe he was convicted.
1:27:21
Anyway, that's the history that precedes me and precedes Judge
1:27:26
Patterson and precedes everybody that's going to follow.
1:27:30
So it's certainly going to be a inconvenient time while we're
1:27:38
all crammed into a small amount of space for the next year and a
1:27:43
half or so, maybe 2 years. But it's a privilege to be in
1:27:47
this historic courtroom where people that practiced before me,
1:27:52
lawyers, judges, prosecutors, defense attorneys, people I
1:27:58
knew, Michael Gurgley practiced in this courtroom.
1:28:07
Ordell Jones, Judge McManus, many of the older lawyers that I
1:28:12
had a lot of respect for practiced in here.
1:28:17
So now it's our privilege to be able to utilize this courtroom
1:28:20
for the next couple of years while they modernize and
1:28:26
securitize our old courtroom. This courthouse is not very
1:28:32
handicap accessible. It's not particularly user
1:28:41
friendly in some aspects. There's only one small elevator
1:28:46
and the steps are quite steep. And but we're going to do it for
1:28:52
the next several years. My tenure will end on December
1:28:56
31st. It will be somebody else's turn
1:29:00
and the filing deadline to file for 3B District Court Judge was
1:29:04
yesterday at 4:00. So the only person to file was
1:29:10
certainly a qualified candidate. Mr. Tim George, with support of
1:29:14
all the other 4 judges, has been designated as the only candidate
1:29:20
for my seat. So it certainly appears that Tim
1:29:23
George has got to be the judge to succeed me, and he has my
1:29:28
support, so I'll try not to make too much of a mess of things for
1:29:32
him before I go. Anyway, I wanted to give you
1:29:37
guys a little historical sense, and anybody can watch this for
1:29:42
anything. I'm going to take my camera and
1:29:45
I'm going to turn it around. You might not want to be in this
1:29:47
shot. I'm going to show what the part
1:29:50
of the courtroom that you can't see looks like.
1:29:55
You see a portion of the courtroom.
1:29:56
They've got that screen over there, so they've got ugly tech
1:30:00
mixed with historical context. There's also too many chairs in
1:30:05
here. There's boxes of stuff.
1:30:06
We're still working on it. I'm going to take the camera and
1:30:15
let you see the part of the courtroom that you can't see.
1:30:24
Oh wow. Not working and it's a bit of a
1:30:37
delay. They've hung the pictures of
1:30:40
Judge Welty and Judge McManus. There's what is going to be the
1:30:45
jury box. There are the windows that shine
1:30:50
in here. It's hard to do this because
1:30:53
it's not on real time, but that is the part of the courtroom
1:30:57
that you can't see. And behind that, to the right of
1:31:05
that picture is where the jury room is.
1:31:07
So I've got lots of bright windows, lots of sunshine, and
1:31:14
it'll be hot in the summer and cold in the winter, I suspect.
1:31:34
We did not have any other court today, at least I didn't.
1:31:37
This would have been a jury day and we didn't schedule any jury
1:31:41
trials because of the move. I have jeans and a work shirt
1:31:46
on. I put a tie on for this purpose.
1:31:48
But I'm moving finally to get completely moved in.
1:31:54
I brought Tim George in this morning and said here's what
1:31:56
your office going to look like. And I wish him all the best.
1:32:02
SO for the next 8 months or so, we'll be in here.
1:32:07
Judge Pattison and I will be sharing it from time to time.
1:32:10
I will be using the small courtroom, see how that goes.
1:32:16
And so thank you everyone. I let the comments run.
1:32:25
Prisoner transport is not ideal. We'll be seeing some as if we
1:32:29
work through our issues. This is only the second day
1:32:33
we've been here. We're working on it and maybe
1:32:38
I'll talk about some of the other questions later.
1:32:40
But anyway, that is that's it. Or I didn't make a record of
1:32:51
this, just a YouTube video. All right, thank you all for
1:32:54
taking your time. I don't expect to be back on the
1:32:57
record today because I didn't have anything immediate custody.
1:33:04
Tomorrow, I'm going to Berrien County.
1:33:06
I'll be at the Niles Courthouse on a case that I was specially
1:33:10
assigned to in that county and I'll be back in the afternoon
1:33:17
for our court. So thank you all, everybody have
1:33:22
a good day wherever you are and. I did have a first line, but I
1:33:34
guess we'll save it for tomorrow.
1:33:36
All right, For those of you that live here, maybe it's a little
1:33:40
historical update. For those of you that don't,
1:33:42
that's a little visit to the County Courthouse in Saint
1:33:46
Joseph County, Michigan. So I hope you all enjoyed that.
1:33:54
Some people didn't. We shed viewers during that, but
1:33:57
I think it was totally worth it. They don't make them like they
1:34:02
used to, do they? And that's not just buildings,
1:34:05
that's also judges in a lot of ways, isn't it?
1:34:09
You know, we've seen Timothy George in Judge Milton's
1:34:13
courtroom. I don't know a whole lot about
1:34:14
him. I don't know his position on
1:34:16
streaming. So I'm going to do a little bit
1:34:18
of homework since we know that's going to be who's replacing him
1:34:21
since there's only one candidate.
1:34:23
But I really enjoyed listening to Judge give the story of that
1:34:28
courthouse. It amazed me, as it did somebody
1:34:30
else in the chat, that he did all of that from memory.
1:34:33
He did not have notes he was reading off of.
1:34:35
So that was impressive. And that building is just
1:34:38
stunning. They, we need our culture back.
1:34:46
If I may just for a minute, get off on a tangent.
1:34:49
We stopped building culture. I mean, real culture and we need
1:34:56
to really get back to that because it's what makes us who
1:34:58
we are. You know, we've talked about
1:35:01
this in other spots, maybe it's on sidebar ones, but I'd
1:35:04
mentioned, and this is true, you know, the same contractors that
1:35:08
build schools and hospitals and all of that are the exact same
1:35:11
ones that build prisons. You know, it's just the same,
1:35:17
the same standard concrete box that's just built over and over
1:35:21
and over again. There's there has to be a beauty
1:35:24
to things, there has to be an art to things.
1:35:27
And that's why I love buildings like that.
1:35:30
And I really wish we'd get back to it.
1:35:33
And, you know, I appreciate the fact that Judge Middleton has an
1:35:36
appreciation for those things and took the time to tell the
1:35:39
story. So we all understand the space
1:35:41
that he's occupying now. And I mentioned this yesterday.
1:35:44
I think this is the best way for him to finish his career, to be
1:35:48
in that courtroom. The the older judge who
1:35:54
appreciates where he came from, going back to kind of where it
1:35:59
all began in that area. I think it's just poetic.
1:36:02
Any who enough of me. Let's go back to.
1:36:07
Well, let me find where we can go.
1:36:10
Let's Yeah, let's do this. Let's go back to Judge W It's.
1:36:14
Been a long time. It does, doesn't it?
1:36:17
Good morning. Good.
1:36:18
Morning, Sir, You Allen Lewis. And this is cause #26 DCCR 0256.
1:36:24
Mr. Lua is charged with possession of a prohibitive
1:36:27
weapon. And what is the announcement?
1:36:29
Your Honor, Mr. Lua has a pending federal case which is
1:36:32
the same, and I'm working through the discovery in it
1:36:36
which will result in a plea at some point.
1:36:39
I'd ask that this be reset. However, according to their
1:36:44
schedule, they would have it all set for June 1st, but I don't
1:36:47
think. I need that long.
1:36:49
Yeah, I know. I mean.
1:36:50
It would it be your intention to wait on what happens over there
1:36:53
as well? Yes, ma'am.
1:36:54
So why don't I do this? I'm going to reset it 90 days.
1:36:58
And I know that process takes a while.
1:37:01
We'll see where you are in that process once we get there.
1:37:04
Make sure you stay in touch with Mr. Macon.
1:37:06
Take care of everything you're supposed to with your bondsman
1:37:09
and over in federal court. We'll see y'all back in 90 days.
1:37:12
Thank you. All right.
1:37:12
Thank you. That.
1:37:57
You did. Is Mr. Nichols coming down
1:38:01
today? OK?
1:38:10
Is his client going to be here? David Hatcher.
1:38:26
Morning, morning. I'm not sure if Mr. Hatcher is
1:38:29
going to be here just because Mr. Burks had already said he
1:38:32
could not be here today, but announced ready for trial.
1:38:36
And what's your announcement on that?
1:38:40
All right, I'm not going to fork it.
1:38:41
I think they probably told him not to be here.
1:38:42
So Mr. All right, that close up of that
1:39:06
guy's hands is just absolutely amazing.
1:39:08
But that having been said, not good for the podcast side.
1:39:13
So let's go over to Judge McNally. 24 incident.
1:39:18
I also have 24-B146938-AB and C and those emanate from the same
1:39:26
date it looks like. For.
1:39:33
Arraignment. Purposes, Judge, We'll stand.
1:39:38
All right. I'm entering not guilty, Please.
1:39:41
I need to check into this one. Where's he been just after this?
1:40:01
The incident, Mr. Powell. We got to have you for issues,
1:40:06
namely the mental health issues and he was in treatment.
1:40:10
He was committed to the hospital board period of time, Judge.
1:40:15
It's just now that he's been able to get back on track, he's
1:40:19
actually had the result of this, had to apply for SSI as well.
1:40:23
What was the blood, Blood, blood or breath results?
1:40:26
Allegedly. Don't tell your lawyer.
1:40:33
And he refused to Pvt. please. Ultimately gave me to the
1:40:37
hospital. I didn't see him.
1:40:40
I didn't. See what the?
1:40:41
They charged him with super drunk.
1:40:43
Here's what I'll do. He's posted charity bonds.
1:40:45
If you miss again, we're going to have a big problem.
1:40:50
No contact with Officer Washburn.
1:40:53
So I'm continuing all your surety bonds.
1:40:55
You got five of them, but you got to come up with some money
1:40:57
on these civil infractions. They're old.
1:41:00
You cannot leave the state without the consent of the
1:41:02
court. You cannot violate a law.
1:41:04
You must appear in court as directed.
1:41:05
No contact with Officer Washburn or prosecution witnesses.
1:41:09
You're not the purchase possessor.
1:41:11
Consume alcohol, marijuana, or illegal drugs.
1:41:13
You're to attend 8 Ana at least two times per week.
1:41:17
I want you to go in person. OK, So he's going to hand you a
1:41:20
form every time you go. You have to have the form signed
1:41:23
every time you come to court. You have to bring the form with
1:41:26
you. OK.
1:41:27
You're not to possess firearms. You're not to possess dangerous
1:41:30
weapons of any kind. You cannot leave the state
1:41:33
without the consent of the court or violate a law.
1:41:36
You must appear in court as directed.
1:41:38
You understand that, Sir? All right, So we're going to
1:41:41
give you a pre trial date you're going to have to fill out.
1:41:44
Actually, you're not working right.
1:41:47
No, I just, I just need you to fill out a petition and I'm
1:41:52
going to set a pre trial. I'll give you a court appointed
1:41:54
lawyer going forward. What are we doing on this one
1:41:59
Heather? Is it going to be the 6th?
1:42:01
May 6th at 10:00. OK.
1:42:04
So May 6th at 10:00 will be your court date on all these and you
1:42:08
still live on Stewart Rd. So that will all be taken into
1:42:13
account and we'll go from there. OK, So listen to me.
1:42:19
You're going to go down the hall and get your notice, but first
1:42:22
you're filling out your petition for a court appointed lawyer and
1:42:24
you have to come back May the 6th.
1:42:26
All right. Best of luck to you, Sir.
1:42:30
Brian, which one do you have? Mr. Brian, Brian, Shane Grind,
1:42:35
25-B149713-AB and C and I also, wait a minute.
1:42:42
I have one. Hang on one second.
1:42:44
I have 79713 BI have 25-B149678-AB and C OK, go
1:42:55
ahead, Council. Good morning.
1:42:56
Judgment Brian. Brian Shane better.
1:43:01
So he's going to plead guilty to the added count and no
1:43:04
operator's license on person, correct The careless pardon as
1:43:09
well as a careless driver. We need HR.
1:43:14
I got it. So the no OPS he'll plead to the
1:43:17
suspense going to be dismissed and then he's going to plead the
1:43:20
careless and they're going to dismiss the he did not have and
1:43:28
they're also dismissing the drywall suspend right, correct.
1:43:32
Wait a minute. What about this other one?
1:43:34
The left center accidents? He didn't address all of those
1:43:39
That that's the soap on good. The grant was pretty.
1:43:42
Guilty sellers to pay on that and then he did a direct he did
1:43:45
also pay off the the expired plea, the expired plea ticket
1:43:49
needed to pay that. So the careless is going on the
1:43:54
still didn't stop. All right.
1:43:58
If you plead the careless driving, Sir, that's a
1:44:00
three-point civil infraction. Do you understand that?
1:44:03
Yes, Sir. If you plead guilty to no valid
1:44:05
operator's license on person, that is a possible penalty as
1:44:09
follows, up to 100 fines, 90 days jail costs for all of those
1:44:13
penalties. Do you understand them?
1:44:15
If you plead on those two, I'm going to dismiss the suspend.
1:44:18
I'm going to dismiss the leave the scene charge, but you'll
1:44:23
still have to deal with the left center accident and no proof of
1:44:26
insurance shell causes. Do you understand that?
1:44:29
Did you sign, read and understand the advice of rights?
1:44:33
If you plead guilty, you'll be giving up all of those rights
1:44:36
and there will be no hearing or trials.
1:44:38
You understand that to the charge of careless driving, by
1:44:41
the way, you understand that's three points to that charge.
1:44:44
You plead responsible or not responsible to the charge.
1:44:48
No valid operator's license on person.
1:44:50
How do you plead? Were you operating a motor
1:44:53
vehicle in Brownstown Township on November 15 at 25 on Dicks
1:44:57
near Sibley in Brownstown and did you have a valid license
1:45:01
with you on your person at the time?
1:45:05
Are you on probation or parole? Were you on probation or parole
1:45:10
on November 15 at 25? Nothing.
1:45:13
So he's not he was not so this would not be violating another
1:45:16
probation. Has anybody forced you to plead
1:45:18
guilty? I'm going to accept your plea to
1:45:21
a careless driving accept your plea to no valid operator's
1:45:25
license on person. I'm going to dismiss the leave
1:45:27
the scene in the drywall suspend on motion The prosecutor he owes
1:45:31
285 on 78C and he owes I think Heather, you can correct me.
1:45:36
He owes 282 + a clearance fee on 713-B, right?
1:45:42
Is that right? SO78C he owes 285 and then the
1:45:52
other one, I'm sorry, was that one 3B you were looking?
1:45:54
AT-713-B-713-B It looks like he owes 282 plus his clearance fee
1:45:59
of 45. That's a no insurance charge.
1:46:01
So yes, 327 total, that's what the clearance. 280-2570 You owe
1:46:07
plus 45 in the clearance. Can you pay all of that today?
1:46:12
Mr. Mr. Griner's had some medical issues.
1:46:14
He he bought his back. He's been there before for a
1:46:18
long period of time just so he's got a new income at this point.
1:46:21
He also has another issue out of Monroe in which.
1:46:24
He was ordered to. Pay on he was. 13. 100 on that
1:46:28
and. His.
1:46:31
Finances are extremely. Limited.
1:46:32
At this point. How long you been out of work?
1:46:34
A couple years. How did and you?
1:46:39
You broke your back. Yeah, I got 3 ups.
1:46:42
Your best. Well, three birds in three
1:46:44
places. How are you supporting yourself?
1:46:52
I'm. Tough I just odd jobs little
1:46:54
yard clean up, cutting grass. Odd jobs would I'm going to do
1:47:06
this. I'm ready to sent some and we'll
1:47:10
we'll go from there. OK.
1:47:12
Anything you'd like to say on his behalf?
1:47:14
Let's just talk about the careless driving and the no OPS
1:47:17
just that Mister Gray, I understand that he needs to get
1:47:21
his situation take care of with the license thing.
1:47:24
And again, it is a financial affiliate.
1:47:28
That's. Preventing him from being able
1:47:29
to get his privileges reinstated.
1:47:32
As far as the careless driving judge he did, it wasn't mended
1:47:39
down, but originally there was an accident that was involved
1:47:43
and. We I did.
1:47:45
Speak was that was that with another vehicle?
1:47:47
No, he hit a light, he lost control, hit a ditch and then he
1:47:51
hit a light bulb. But there was no other vehicle
1:47:54
that was involved. How'd you manage that?
1:47:59
Lost control? Why'd you lose control like
1:48:03
that? He doesn't recall much.
1:48:06
What happened, Judge? Because of the.
1:48:08
Initial impact, so his memories pretty limited.
1:48:13
Pretty hard though as to what happened before and after.
1:48:17
He took a very bad hit from the airbag to the face, that's
1:48:24
called, and then he left the scene.
1:48:26
Well. Did you leave the scene?
1:48:31
He left the scene, Right, Judge? That's that's, that's that's
1:48:34
disputed. That's the reason why they were
1:48:36
they were willing to work with us on this.
1:48:38
Because there's a question of factor into what?
1:48:40
Why did the police office hang on?
1:48:42
Slow down, Judge. According to the report, when
1:48:45
the officer arrived on the scene, he didn't see Mr. Powell.
1:48:47
Mr. Grinder, I apologize at at the vehicle.
1:48:51
However, Mr. Griner was still in the area and when the officer
1:48:55
called him back, he did come back judge, however.
1:48:57
So there's a there's some dispute here as to whether
1:49:00
that's completely accurate the initial study.
1:49:03
That's why I didn't. Want to amend?
1:49:04
It now there's. Nothing.
1:49:11
Anything else on the no OPS 100 fine 70 cost 75 victim charts
1:49:17
$50 Justice assessment 295 or 60 days on the careless driving 2
1:49:24
1/4. So you owe $420.00 then and you
1:49:31
still owe 327 on the no proof including the clearance fee and
1:49:35
you still owe 285 on the left to center.
1:49:38
So how are you going to pay those and when?
1:49:45
Just to help. Model a little bit as far as the
1:49:47
privacy costs, and I wouldn't mind doing that if he had shown
1:49:52
up. He didn't show up.
1:49:53
That's my issue with it. He never showed up on this.
1:50:00
You know, you got it. You got to show a little bit of
1:50:03
respect. I am does I think.
1:50:06
It was just maybe in. Financial issue.
1:50:08
He did, ultimately. You did walk in on these,
1:50:11
correct? He walked in on his own jet on
1:50:13
these day. He wants to take care of them.
1:50:15
Wasn't here in December. Drunk on the leave.
1:50:18
The scene we show caused him. He didn't walk in here until
1:50:23
December or March the 16th, it looks like.
1:50:26
Is that right or not? Does that sound right?
1:50:34
Yeah. You didn't walk in until March
1:50:35
the 16th or 17th. Did you hear what I said?
1:50:41
So you didn't show up for five months?
1:50:44
If you weren't working, there's no reason for you to have not
1:50:47
shown up. I didn't know I had warrants.
1:50:49
I thought it was just financial. They gave you tickets, right?
1:50:52
No. They.
1:50:53
Didn't the officer didn't give you the tickets?
1:50:54
He filled them out, threw them in the garbage can or what?
1:50:57
I didn't get no tickets at the scene.
1:51:01
I'm not going to wait anything here.
1:51:07
I'm sorry, it looks to me like they were handed to him period.
1:51:13
So he's going to tell me when he can pay these?
1:51:20
Is he just prohibited from working?
1:51:22
I don't want to get into his medical condition too much, but
1:51:26
yet he said he could do side jobs.
1:51:27
If he can do side jobs, I don't know why he can't do other jobs.
1:51:30
He hasn't worked in two years. Some days I can work or some
1:51:33
days I can't. Just tell me when you can pay
1:51:37
these. Six months.
1:51:45
Six months. When's the last time you went to
1:51:48
the doctor? Sorry, about a year ago.
1:51:56
So you're just kind of sitting home hoping this heals on its
1:51:59
own. You're not going to doctors.
1:52:01
You haven't been there in a year when you haven't worked and
1:52:03
you're doing something. So I'm trying to get myself
1:52:07
together, get what I'm saying.
1:52:26
I don't know. I don't know what your diagnosis
1:52:28
is. I don't really want to sit here
1:52:30
and talk about it. I'm the no OPS charge I'm going
1:52:34
to give you that's $295. I'll give you until June the
1:52:37
15th to pay that. OK, June 15th.
1:52:43
You understand what I'm saying? Yes Sir.
1:52:46
I'll give you until August 15th to pay the careless Dr. You
1:52:51
don't have the money on those. You call the court will go on
1:52:53
Zoom. I'll give you an extension on
1:52:55
the no proof of insurance. I'm going to give you until
1:52:58
October the 15th and I'm the left center December 15th.
1:53:04
Now if you don't have the money, I don't have a problem.
1:53:07
If you call the court, we'll go on Zoom or you can walk in here
1:53:09
and I'll give you an extension. But don't get into just thinking
1:53:13
you're going to ignore me because if you do, I'm going to
1:53:15
send you to jail on you. Understand what I'm telling you.
1:53:18
So I'm offering you the opportunity if you don't have
1:53:21
the money to come in here at 8:30 on and before that due date
1:53:23
or to call the court and go on Zoom with me on it before the
1:53:26
due date. I'll be glad to give an
1:53:27
extension. I don't care how many times you
1:53:29
have to do it, but you just strike me as a guy that's going
1:53:32
to ignore me, and that's not gonna work well for you.
1:53:34
OK, You understand what I'm telling you.
1:53:36
All right? So I'm dismissing the show
1:53:38
causes on those. I'm just setting up a payment
1:53:40
plan. Heather.
1:53:41
Thank you. Cornell.
1:53:43
Omar Fountain, 261. Five or two, 398 B&C.
1:53:47
Where's your client? Is he here?
1:53:49
Mr. Zelnick, What'd you call fountain?
1:53:51
I got fountain. Oh, no, I got chopic.
1:53:52
Your fountain's out. Sorry.
1:53:55
I judge. That's all right.
1:53:57
Scott Anthony Chopic 26I76-O91-AB and C will be next.
1:54:03
Judge I just. Want to get the High Court?
1:54:04
Foundations out of here. I got it.
1:54:07
I hope nobody was hurt in this, were they?
1:54:10
No, it's already been resolved with.
1:54:12
Financial settlement. Oh, it has.
1:54:15
Good morning, Mr. Cho Pack. Your name.
1:54:18
How you doing? Good.
1:54:19
How about you? Good.
1:54:20
Your appearance. Edward Zelnick for the defend.
1:54:24
All right, so this is going to be a responsible plea.
1:54:28
You know. I know, Mr. Cho Pack.
1:54:30
Of course you know that. I'm sure.
1:54:32
Why you? I just.
1:54:35
So is the girl's heel. He's here and should be great.
1:54:40
Miss Cordis. Yes, we got us back there.
1:54:43
That's what taught me. So that's fine.
1:54:44
That's not a problem. Call her in here real quick.
1:54:46
So this can be a plea of responsibility to dog license.
1:54:49
No dog license. What happened with this other?
1:54:55
The misdemeanor, They're dismissing it.
1:54:58
But I mean, the dog's been disposed of.
1:55:00
There's just some. So your dog you put down.
1:55:03
Yes, yes, I'm sorry. All right, Heather, I I want to
1:55:08
make sure I know, though. Dog licensing charge and she
1:55:11
actually breaks sewer. Whatever you bring in whoever.
1:55:15
Yeah. So, first of all, does the
1:55:18
Stanley wave formal reading on the miscoming?
1:55:20
Yes, She doesn't. I thank you for your indulgence
1:55:23
both days. I was just set for.
1:55:25
I was out of. Town.
1:55:26
Don't worry about it, it's fine. So he's going to plead to the
1:55:30
civil infraction No dog license. They're going to dismiss file C,
1:55:35
which is the animal violation vicious act.
1:55:39
And he's they're going to dismiss file B, which is the
1:55:43
Sibil infraction dog at large, right?
1:55:46
Yes. And you said there was some kind
1:55:48
of restitution. The dog, Mr. Chopek's dog was
1:55:51
euthanized. And then what?
1:55:53
What happened with any restitution cash?
1:55:56
Settlement. With the individuals the victim
1:55:58
of the bike. Yeah, and another dog got dead
1:56:01
and we covered the cost of the bed bills and they had some
1:56:04
other expenses for their vacation.
1:56:06
Got interrupted because of the bike.
1:56:08
OK, good enough. Come on up here.
1:56:11
Somebody for the Township. Come on up, please.
1:56:13
How you doing, Sir? I I think we got to put the
1:56:16
detective on the road. For what?
1:56:19
Because. Come on up.
1:56:20
He's. He's your your name.
1:56:23
Morning, Your Honor. Man Graham.
1:56:24
Yeah. Counsel for Garcio.
1:56:25
So the defense dog was put down, euthanized, and I just want to
1:56:31
make sure they're telling me the prostitution was made and then I
1:56:35
presume the victim satisfied here the owner of the dog.
1:56:39
There's formally restitution, but there's financial
1:56:41
compensation. But I just want to make sure the
1:56:44
victim is good with this. Let's say I.
1:56:48
Would have to confirm it again because there was financial
1:56:50
compensation that was that was made.
1:56:53
That's my understanding from Julie.
1:56:55
Courtesy. Where is she at?
1:56:58
She's she went back into B. Yeah.
1:57:01
Call her up. Tell her Zoom in.
1:57:02
Will you please just have her call in?
1:57:05
She can do it right now. She can pull over and I'll be
1:57:08
happy. Just just do that for me.
1:57:10
Will you please just bear with me?
1:57:12
Mr. Joe Peck? I'll be out of here in a minute.
1:57:14
OK. OK.
1:57:16
Joseph. Poor Joseph Edward Poor.
1:57:18
26B15O417A and B&C your name. Council.
1:57:26
Good morning, Your Honor. Way, please record.
1:57:28
Ezra Goldman P48965I have Mr. for who's sitting on my right.
1:57:32
All right. Your name, Sir.
1:57:35
For. OK, I I need you to get a little
1:57:39
closer to the device. I didn't hear you very well
1:57:42
there. All right, Council.
1:57:45
So he's charged with operating while intoxicated, resistant
1:57:47
obstructing officer in possession of a concealed
1:57:50
weapon. Does he stand mute and wave
1:57:51
formal reading on all of those? Yes.
1:57:53
Reverse is arraignment. Yes, Sir.
1:57:54
Your Honor. All right, so now he's going to
1:57:56
plead guilty to operating while impaired.
1:57:58
The OWI will be dismissed, and the prosecutor's also going to
1:58:02
move to dismiss the RNO as well as the possession of a concealed
1:58:08
weapon. Is that true?
1:58:10
A deal too good to turn down? Yes, it's true.
1:58:14
All right. And is that what you want to do,
1:58:16
Mr. Poor? Yes, Sir.
1:58:19
I just can't hear you. Yes, your Honor.
1:58:22
All right. So if you plead the operating
1:58:23
while impaired, the OWI will be dismissed, the concealed weapon
1:58:28
charge will be dismissed, the resistant obstruction officer
1:58:30
will be dismissed, and the possible penalties are up to 300
1:58:33
fines, 93 days jail, 360 hours community service, court costs.
1:58:38
Are all those four points license suspension or revocation
1:58:41
in accordance with your record. Your vehicle could be or might
1:58:44
have to be immobilized depending upon your record.
1:58:46
You understand that, Sir? Yes, yes, you rather.
1:58:50
If you are presumed innocent, they have to prove you're guilty
1:58:52
beyond a reasonable doubt. If you plead guilty, you're
1:58:55
waving your right to remain silent.
1:58:56
You're waving your right to a trial by court or jury.
1:58:59
You're right waving your right to question their witnesses, to
1:59:01
bring in your own, to use the subpoena powers of the court to
1:59:05
bring in those witnesses. You understand that?
1:59:08
Yes, I do, your honor. If you plead guilty, you're
1:59:10
waving all those rights, you're waving your right to a trial,
1:59:13
you're waving the presumption of innocence, and you're you're
1:59:15
waving the requirement that they prove you're guilty beyond a
1:59:17
reasonable doubt. Do you understand that?
1:59:20
Yes, I do. To the charge operating well,
1:59:22
visibly impaired, how do you wish to plead?
1:59:27
Guilty. Were you operating a motor
1:59:29
vehicle in the Township of Brownstown on February 21 of 26
1:59:35
at 11:11 PM on King near Marvin? Yes, I was.
1:59:39
Prior to that, did you drink alcohol, and if So, what did you
1:59:41
drink and how much? I had about 3 beers at the bar.
1:59:45
It was just regular beer. What else did you have?
1:59:51
That was it that that might have had. 4 How big were the Did you
1:59:55
have any shots? No.
1:59:57
How big were the beers? 12 oz.
2:00:00
Was your ability to operate the motor vehicle impaired because
2:00:03
of the alcohol consumption, and if so, in what way?
2:00:06
Yes, it was, Sir. Why were you pulled over by the
2:00:09
police? I'm not exactly sure I met it
2:00:13
was it was snowing out so I I may have been swerving a little
2:00:17
bit. You think you were swerving a
2:00:21
little bit. Probably I was.
2:00:23
I was eating while I was driving, so I think you were.
2:00:26
Swerving a little bit, at least in part because your alcohol
2:00:28
consumption. Yes.
2:00:30
Council, do you stipulate that the Intoxalyzer results of .12 O
2:00:35
was an accurate plea or accurate reading for purposes of the
2:00:39
plea? Yes, I do for purposes of the
2:00:41
plea and I want to suggest that if he had three or 4 beers, I I
2:00:43
think with his size it's probably .12.
2:00:46
Are you on probation or parole right now, Mr. Poor?
2:00:50
I am not, Sir. Anybody force you to plead
2:00:52
guilty? No.
2:00:54
Please accept it. I find it to be an accurate plea
2:00:56
to the charge. Operating well appeared that
2:00:58
drunk driving or OWYRNO and possession of concealed weapon
2:01:02
are all dismissed. On motion to prosecutor, $1000
2:01:06
personal bond. No alcohol, controlled
2:01:08
substances or marijuana. No alcohol, illegal drugs or
2:01:14
marijuana. You're not the purchase
2:01:15
possessor. Consume any one of those.
2:01:17
We're going to have to have you screened and assessed.
2:01:19
So I'm going to ask you. You live way up in Chelsea.
2:01:22
Yes, I do, Sir. Counsel, I'm going to have you
2:01:24
call, write this down, please. You call our probation
2:01:27
department, 734-671-0201, ext 245.
2:01:37
That's 671-0201, ext 245. Tell him I told you to call,
2:01:41
find out when would be a good time for him to come over.
2:01:45
Tell him I I asked you to call there and that he's coming from
2:01:47
Chelsea. OK.
2:01:50
And then we're going to give you a sentence date.
2:01:52
What do you have for me, Heather?
2:01:55
We can do May 6th at 8:30. May 6th at 8:30.
2:01:59
Good with you. Yeah.
2:02:02
Makes 6830 is OK. Is that in person or can we do
2:02:04
that? As long as you're both in your
2:02:06
office, I don't mind if you're there.
2:02:08
You either both have to be here or both have to be there.
2:02:10
OK. Sounds good, Judge.
2:02:12
And we'll call right away. OK.
2:02:14
Good enough. Thanks a lot.
2:02:15
Have a good day. And you have to submit to that
2:02:19
screening, Sir. And we'll see here.
2:02:20
Makes sense. With your lawyer on Zoom or in
2:02:22
person, whatever you guys want. OK.
2:02:25
Thanks very much, Judge. Good morning once again,
2:02:28
everybody. It's TCF live on Wednesday, just
2:02:30
about to enter our third and final hour for the day.
2:02:34
Let's stay in Michigan, but let's go over into Ingham County
2:02:39
and say good morning to Judge Jacquelina.
2:02:43
I like doing that. Is this the public defender to
2:02:56
Joseph Party and back? Mr. Carter?
2:02:57
We're standing here to my right. Please raise your right.
2:02:59
Hand to swear or affirm the testimony.
2:03:01
You're about to provide me the truth culture and nothing but
2:03:04
the truth. And it comes to perjury.
2:03:05
Yes, Thank you. Put your hand down, Sir.
2:03:07
He was plied guilty to count 1, failure to file income tax with
2:03:15
defraud, punishable by five years, and count 2, failure to
2:03:18
planning tax with intent to defraud, punishable by five
2:03:21
years. Recall that.
2:03:23
Yes. And I have a probation violation
2:03:25
that's alleged and it reads on or about October 28th, 2025,
2:03:32
defendant open or took ownership of a business where it handles.
2:03:35
Other people's money is. That the extent of violation is
2:03:38
gapped. Yes.
2:03:39
You're on. All right.
2:03:40
Counsel, is that what you and your client have discussed?
2:03:42
Yes. All right.
2:03:44
And are you waiting further arraignment?
2:03:46
Yes. Will this be a plea or hearing?
2:03:49
At this point, we. Would like to set for a hearing
2:03:51
just because we built the AG is. Not here, so I don't care.
2:03:57
What do you want to do about that?
2:04:00
What's? Going to make the difference
2:04:01
with the AG. Well, we'd like to as I guess
2:04:06
discuss the their what discuss their, what their approach is
2:04:12
going to be, but. Well, right now it's nothing.
2:04:15
I think they're letting probation.
2:04:16
Handle it. They had an opportunity to be
2:04:19
here and they're not. Here I mean.
2:04:21
Let me ask you this. Do you want to hear him or is he
2:04:23
going to plea? I mean, here's the thing.
2:04:26
Have you talked to probation? Yes.
2:04:28
OK. And you're not happy with
2:04:30
whatever they are recommending. Well, I believe after speaking
2:04:35
with Miss Miss GAIL that they were, that they believe the
2:04:42
recommendation. Is going to.
2:04:43
Be jail time with an extension on probation.
2:04:46
However, there was concerned that he would not be able to pay
2:04:49
restitution if these recommendations were indeed
2:04:51
followed. After speaking with my after
2:04:54
speaking with my client, you know, it's his contention that
2:04:59
there he did not open a new business.
2:05:02
So at this time we would like to set forward here.
2:05:05
Did you open? Half the people are probation.
2:05:11
What kind of business is this? He opened a oil change business
2:05:17
titled Executive Car Wash and Oil Change LLC OK, and you have.
2:05:23
Evidence. Of that.
2:05:25
Yes, you are. And he's.
2:05:26
Not just working there, he owns it and is handling other
2:05:29
people's money. Yes.
2:05:30
You're. Paying restitution, he has paid
2:05:34
$15,650 and he owes 19,262. Yes, you are.
2:05:39
Is there any evidence of defrauding someone else in this
2:05:46
business? Yes, your honor, there's
2:05:47
concerns. The reason it was brought to my
2:05:49
attention, not only did we not know that he had the new
2:05:52
business, but someone contacted us saying he owed. 5. $1000 in
2:05:56
bulk oil to an oil company called Leiden Oil.
2:06:01
All right, we're going to set this for hearing.
2:06:03
How much time do you need to get them and work with the attorney
2:06:06
general? How much time do you need to
2:06:07
prepare? And you all need to talk about
2:06:09
this because I don't want to have another hearing date,
2:06:11
another dock of time, and we're not prepared to go.
2:06:14
Everybody should have been prepared to go today.
2:06:18
How much time? To go see I.
2:06:21
Would refer to to probation. Whatever you deserve.
2:06:26
I don't honestly, I don't know if anyone for the oil company
2:06:29
will come to testify. So if I can reach out to them.
2:06:32
When I talked to them today, they said they did not.
2:06:34
Have a. Police report as they chose not
2:06:36
to file 1 because they did not to publicly damage their image.
2:06:40
So I. OK, well that's stupid, but OK.
2:06:43
I, I I don't. Understand that rationale.
2:06:46
I never understand that rationale, but there must be a,
2:06:48
a bill that says unpaid, right? I mean, so you have some
2:06:52
evidence and you have some evidence it's paid.
2:06:55
Probably by the time a hearing it will be paid, huh?
2:06:59
That is my hope. However long the court is
2:07:03
willing to give, because my my client is in the current state
2:07:10
of making payments, we want to give him a chance to possibly
2:07:14
bring any type of alleged ranges up to date.
2:07:36
Be there contested inventory there.
2:07:49
Thank you. Thank you.
2:07:55
Thank you. Ratio will continue Sir.
2:08:01
Figure it out. Both.
2:08:05
Both. Thank you, Governor.
2:08:06
Don't say. Anything else just.
2:08:09
Figure it out and please. Contact the Attorney General.
2:08:13
Yes, Sir. And you all have a chat.
2:08:14
Thank you. Thank you. 1:30 at 1:30, May
2:08:18
12th of February. Yes, we're good to go on,
2:08:27
George. All right, we'll probably come
2:09:00
back after she racks up another contestant, but let's go back to
2:09:03
Judge W for now. Mitchell's case is set for trial
2:09:07
to begin with jury selection next Monday and clause #24 DCCR
2:09:11
0170. I've gotten some information
2:09:14
that Mister Burbank, you're set, apparently in Orange County on a
2:09:21
murder case, The judge, R King. That I will tell you that.
2:09:30
Case had problems with witnesses from our towns.
2:09:35
So what? That's what he said.
2:09:38
OK, I don't know why but. Caller no, that I mean it sounds
2:09:43
like we've already received some information that it was
2:09:45
specially said with witnesses being flown in.
2:09:47
Is there any anticipation that that's could potentially get
2:09:50
worked out? I know things change at the last
2:09:52
minute, but. Last communication I had with
2:09:55
corn and. He's in custody so do y'all have
2:10:08
any a pre trial set this week or just getting started next week?
2:10:14
OK Miss French, obviously I know the the cases that have to do
2:10:21
with children do take precedence at least in my court if I have
2:10:26
to number them. But I don't know that I can get
2:10:28
him if there's somebody in custody with the case.
2:10:32
I think it's about as old or the same approximate age is this
2:10:35
one. So what I'm going to do is just
2:10:38
maybe hold it, just double check that there isn't anything that's
2:10:42
going to cause that to be reset with witnesses because if it is,
2:10:48
then this is definitely going to be numbered.
2:10:50
Is the state ready? If we go, The state is ready.
2:10:53
I would just say that with the caveat that I have a tendency to
2:11:00
not want to re traumatize, I'm making people making children
2:11:05
talk about these things too early.
2:11:07
And so if I could just have a little leeway if at the last
2:11:11
minute this is the case that goes because I, I don't want to
2:11:16
have to bring her in unless I know we're going to trial.
2:11:22
Well, you're not always going to know, unfortunately.
2:11:25
And so I would think in this one, we're already on Wednesday.
2:11:29
You know, it's different than most weeks.
2:11:31
I'll see what I can do to double check that the courts not going
2:11:35
to have any issues over there and number of the cases today at
2:11:39
the end of the docket. So I'll let you know at the end
2:11:42
of the day states otherwise ready to go on.
2:11:44
All right. Thank you.
2:11:50
Jalen Eli. Mr. Burbank, Mr. Coleman.
2:11:58
Jalen, Eli. You have doc at 1:30.
2:12:06
Today. We're doing jail this afternoon.
2:12:11
11 I'm sorry. Thank you.
2:12:20
How about? You're suburban.
2:12:23
You know. I know you could get rid.
2:12:25
I got rid of one over. There, give me half something
2:12:31
out. Good morning, Sir.
2:12:48
Are you Jalen Eli? And this is 25 DCCR 1004.
2:12:53
Mr. Eli's charged with forgery of a financial instrument.
2:12:56
And Mr. Burbank, what is the announcement?
2:12:59
Your Honor, I'm. Going to be candid with the
2:13:01
court, I dropped the ball on this one.
2:13:03
There is some banks from Minnesota with you and I looked
2:13:09
at yesterday afternoon and I was like, oh.
2:13:13
More than you expected are and it looks like you you this isn't
2:13:16
very old you were hired looks like in February talked.
2:13:19
Back this morning, Judge, and I'm not.
2:13:20
Opposed to a reset. So I'll just do a normal reset,
2:13:23
give you some time to kind of get through that.
2:13:25
And then was he? I have.
2:13:27
To talk to him about money to be resolved.
2:13:31
So, Mr. Eli, make sure you stay in touch with Mr. Burbank, make
2:13:34
an appointment, visit with him before that next court date once
2:13:36
he goes through everything, and that way we'll be able to get an
2:13:38
announcement. OK.
2:13:40
All right. Thank you.
2:13:46
Thank you, Mr. Burbank. Thank you, Ron.
2:13:48
I'll see you soon. Mr. Moran, you've got Carolyn
2:13:53
Whitaker, Miss French. Oh, Mr. Burbank, we hold on.
2:14:05
We added one on. Oh yes.
2:14:08
I'll be here, judge, when you. Have all right.
2:14:10
I'll take care of that in just a minute.
2:14:12
Thank you. Good morning, ma'am.
2:14:14
You're Carolyn Whitaker. Morning.
2:14:17
And Miss Whitaker's cases are set for trial to begin with jury
2:14:21
selection next week. And what is the announcement?
2:14:23
State is ready, Your Honor. It's ready, Your Honor.
2:14:26
There's just a few preliminary things I'd like to take up with
2:14:29
the state, with the court. There's just a couple of
2:14:32
promotions that I filed my standard motion such as my, you
2:14:37
know, seven O2 witnesses and things like that.
2:14:41
I've sent those. I believe I filed those over a
2:14:45
year ago. Those are still preliminary
2:14:48
things I would like to address and I don't believe there's any
2:14:51
issue. But other than that, I mean,
2:14:52
we're ready. OK, So what I'll do?
2:14:57
I'm going to. I've got jail docket this
2:14:59
afternoon and as soon as I'm finished with that I will number
2:15:04
the cases. If this turns out to be the
2:15:06
number one case, then we can set a time at to take care of those
2:15:12
before jury selection. And if you'll just go through
2:15:15
all of those, make sure if there's anything that hasn't
2:15:17
been taken care of just because I know you got on the case after
2:15:21
probably those were filed. So I will say that I did work
2:15:25
with your assistant last week on Friday to go through all of the
2:15:30
discovery and make certain that you have everything that we
2:15:34
have. And Judge, we bait stamp all of
2:15:36
our discoveries sent it to the state to make sure that
2:15:38
everything I had I sent over that five bait stamps on and I
2:15:41
believe we've correspond. I think we did or we sent every
2:15:44
we sent a list of everything we had or I might be the
2:15:46
difference, but I know that we've corresponded between the
2:15:48
states. OK, everybody, what you have
2:15:51
every? Which y'all have?
2:15:51
OK. And and just for the record,
2:15:54
these, these motions I filed are my standard, just standard
2:15:57
pretrial stuff. Nothing crazy, no, no
2:15:59
suppressions or. Anything.
2:16:00
If there's anything that you think is kind of a stand out
2:16:05
that this French needs to look at, let her know that.
2:16:08
Otherwise, if it's number #1 we'll take care of it at the
2:16:10
appropriate time. Any other negotiations with
2:16:14
regard to any agreements or anything like that?
2:16:18
You're always not an all for a while passing the small powers
2:16:21
on the case that the offer was protected.
2:16:24
I've got my week blocked off for next week.
2:16:26
All right, then it will be numbered again.
2:16:29
It'll be the end of the day today, probably first thing
2:16:31
tomorrow morning, potentially, because we're doing everything
2:16:33
today. I'll number the cases, but based
2:16:36
on the one that I thought was going to be #1 this one just
2:16:39
kind of moved up the list, so I'll let you know.
2:16:42
And is it just? I don't know.
2:16:43
I'm not holding. You to it just from planning
2:16:46
purposes, is it looking like this one's going to be set #1?
2:16:49
And if you don't know and I'm not trying.
2:16:51
To press anybody, I just. Mike.
2:16:54
Just asking. Is there anything here that you
2:16:58
think you don't have, or are you just looking for a ruling on
2:17:00
your motion? Just ruling the whole motion,
2:17:02
just as I have things done. You know, it kind of there's one
2:17:05
that I have in a murder case that's in custody that we'll
2:17:08
know about this afternoon, that it's about the same age as this
2:17:12
one. And so if that one, for some
2:17:14
reason is ready, it might go ahead, but you'll know by the
2:17:18
end late this evening. Thank you.
2:17:20
OK, I appreciate. Thank you.
2:17:22
And your honor, who? Who do I need to talk to?
2:17:24
About get top, is this there any less and everything like that?
2:17:26
If you'll get with. Miss Holmes.
2:17:28
Thank you. Yes, thank you.
2:17:30
Yes, Sir. Yes.
2:17:31
Thank you so much. All right, See y'all next week.
2:17:50
So is Mr. Padgett. All right, let's go back to
2:17:56
judge, Judge Jocolino. This is Doc at 256463 FH People
2:18:15
State of Michigan versus Gregory Leroy Jordan Council, your
2:18:20
parents department. Good morning, Your Honor.
2:18:22
APA for books on behalf of People, State of Michigan.
2:18:25
Good morning. You're Honor Assistant.
2:18:26
Public Defender. Stephen.
2:18:27
Feidelson. Do you have a Gregory Jordan
2:18:30
standing to my right today? Sir, please raise your right
2:18:34
hand. Do you swear or affirm the
2:18:36
testimony? You're about to provide me the
2:18:38
truth, whole truth, and nothing but the truth that affects your
2:18:40
perjury. Thank you.
2:18:41
Put your hand. Have you taken any medication
2:18:43
yesterday or today? Yes.
2:18:46
Is it anything that would? Interfere in your ability to
2:18:48
understand the court or your attorney.
2:18:50
No. Is there medication you're
2:18:51
supposed to be on or not? No.
2:18:53
Any sign of fever, COVID or other illness?
2:18:55
No, no. Have.
2:18:57
You had an opportunity to review the pre sentence investigation
2:18:59
report and talk to your attorney.
2:19:01
Yes. All right.
2:19:02
On behalf of the people, any corrections, additions,
2:19:04
solutions? Not to the body.
2:19:07
Judge the defense. Has one to the body OK?
2:19:09
Is education level is the 11th grade as opposed to the 12th
2:19:13
grade? That's on the cover page and
2:19:17
also probably the inside. Yeah, the education section on
2:19:25
page 10 of the report. And it does say under the
2:19:32
narrative, 11th grade. So now it's all consistent.
2:19:35
I had no other changes to the report.
2:19:38
In regards to that change on the basic information report, it
2:19:41
also says highest grade completed.
2:19:45
Thank. You.
2:19:50
Changes have been made and what about?
2:19:52
The guidelines, I guess, Your Honor, in regards to the
2:19:55
guidelines, OV-12 is currently scored at 0 points.
2:20:01
However, Your Honor, OV-12 should or yes, OV OV-12 is
2:20:08
scored at zero. It should be scored at 10.
2:20:10
OV 12 is contemporaneous criminal acts.
2:20:14
And Your Honor, there were three charges that were dismissed as a
2:20:17
result of this plea. Meaning that OB 12 should be
2:20:21
scored at 10. Points.
2:20:23
Any objection? No, you're right.
2:20:25
I. Think that's.
2:20:25
Correct, it is 10. That means total OB is 20 is at
2:20:28
still level 2. That is.
2:20:30
Yours thank you and I'm changing the basic information sheet to
2:20:34
reflect. On behalf of the people.
2:20:39
I guess, Your Honor, I believe that the recommendation from
2:20:43
probation should be followed in this matter.
2:20:46
The people, I will say, are a little concerned reading the
2:20:49
report that the defendant, despite stating that he has a
2:20:53
issue with substance abuse, does not believe he would benefit
2:20:56
from substance abuse treatment. I'm also concerned, Your Honor,
2:21:01
that based off this crime being a case where the defendant
2:21:08
thought he was making sexual contact with a 14 year old, he
2:21:13
does not believe he would benefit from sex offender
2:21:15
treatment. So both of those very concerned
2:21:19
in your honor. However, I do believe that the
2:21:21
recommendation for probation would be appropriate, Your
2:21:23
Honor. So it asks you follow the
2:21:24
recommendation of a sentence of 48 months to 240 with credit for
2:21:31
182 days. Thank you, Honor.
2:21:38
Thank you, Council. Yes, Your Honor, the defence as
2:21:41
well would ask for the recommendation to be followed is
2:21:44
in the line with the Gilwood really agreed to between.
2:21:48
The people and Mr. Jordan, Your Honor, he made a poor decision.
2:21:51
He recognizes that, Your Honor. He also recognizes he makes poor
2:21:55
decisions when he's under the influence of illicit substances.
2:21:59
Your Honor, we'll leave it. To him whether he wishes.
2:22:03
To benefit from. Yeah, I'll.
2:22:08
Leave that to. Him.
2:22:09
I do want to know. One thing that's parents,
2:22:12
because my honesty are merely court.
2:22:13
In your honor. They are supportive of him, but
2:22:15
they also. Are.
2:22:17
Unhappy with the choices that he made.
2:22:20
The one thing I want to point out here in honor is there
2:22:22
there's a phone who comes to give the the Michigan State
2:22:26
Police. I believe that phone was used in
2:22:29
evidence, but I believe that phone also is on a family plan.
2:22:33
I think the mother wish to get that phone back so she could
2:22:36
turn that into Verizon. I understand this case is over,
2:22:40
but the people want to. Have to hold that.
2:22:41
Phone. For.
2:22:43
The retention period in case. There's an appeal.
2:22:46
I would ask that if we just. Have to pay a.
2:22:50
Phone bill for for no reason. Sir, anything you want me to
2:23:05
know? I just heard that the prosecutor
2:23:12
said that it was a 14. Year old who up?
2:23:15
It's that was true. Say on my on my report, it said.
2:23:20
15. Year old.
2:23:22
Well, Sir, under. 16. Yeah, I understand.
2:23:25
I'll just point out that she said that.
2:23:28
OK 1415 is under 16, can't consent is a minor and.
2:23:35
You knew it and I believe. That's what you played too,
2:23:36
correct? OK.
2:23:39
So police report may not have a right, I don't know.
2:23:42
It's really a little affected, doesn't change the outcome here.
2:23:45
So I appreciate you telling me anything else you want me to
2:23:48
know. I'm sorry.
2:23:52
I have nothing else to say. Sir, you obviously have a
2:24:06
family. That cares about you.
2:24:08
When you were in. Front of me.
2:24:08
You told me you were homeless. Because I've been awake from.
2:24:12
Family I left, left home and then running around homeless for
2:24:18
real. I don't have to.
2:24:21
Be so you didn't like the members?
2:24:22
Rules. I mean 38 years old I.
2:24:27
Didn't want to be under. The house where?
2:24:31
So you. You.
2:24:32
Preferred homelessness. To.
2:24:34
Following. Family.
2:24:36
Rules helping out? Is that what you're telling me?
2:24:43
No, not really. I.
2:24:44
Just. Let me ask you.
2:24:51
This I got under the influence of the drug influence and I.
2:24:53
Didn't want to be in front of their.
2:24:55
Face with it. Well, I appreciate that.
2:24:58
So what was so bad that you had to shove it down with drugs, do
2:25:02
you know? The situation like relationship
2:25:07
situations with my baby mothers and kids and stuff like that.
2:25:11
So. Illegal drugs don't bring you
2:25:13
together, they drive you apart. You can't be with your children.
2:25:17
You're not a fit parent if you're using drugs.
2:25:19
Do you understand? That.
2:25:22
So didn't help situation. Did it?
2:25:24
It. Made everything worse.
2:25:31
All right, Sir. You are remanded to the
2:25:33
Michigan. Department of Corrections for 48
2:25:35
months to 240 months with credit for 182 days.
2:25:40
You'll pay a crime victims amount in.
2:25:45
Of 100. And $30 and $68 state cost,
2:25:48
that's $198 that you'll owe, but that won't be due until the year
2:25:52
after. You're you're.
2:25:53
Released while you're in custody.
2:25:57
Whether you like it or not, they're under their control.
2:26:02
You're going to. Get out of.
2:26:03
Bed and do the. Things you should have been
2:26:05
doing to include substance abuse treatment, attending AANACA,
2:26:13
individual and group therapy, whatever they have to offer, you
2:26:16
will participate. In.
2:26:18
You will go through trauma treatment if they have that so
2:26:22
you can get the underlying. Issues.
2:26:25
That you have as a result of your relationships or lack of
2:26:28
relationships and figure out how to handle it other than shoving
2:26:32
it down with drugs. You will participate in
2:26:36
cognitive behavioral treatment so you learn to make better
2:26:39
decisions. You will also participate in sex
2:26:42
offender treatment. You will have to comply with
2:26:45
SORA, the Sex Offender Registration Act, as part of the
2:26:48
statute and comply with that once you're released and before
2:26:53
you are released, they will go over the.
2:26:55
Requirements of that. You will complete your GED and
2:26:59
trade school while you are in there as well.
2:27:01
Is there anything I have missed aside whom the rights?
2:27:06
I think you covered everything earlier.
2:27:11
Sir, you have. 42. Days to appeal for Bus
2:27:14
Department Council as to the return of the phone.
2:27:21
The phone can be returned to his mother.
2:27:23
What is your mother's name? Time TOAIN.
2:27:29
For Jordan, the. Last name is you.
2:27:32
Yes. And.
2:27:35
That will be after the retention period and law enforcement will
2:27:39
of course be to wipe clean any child porn or whatever's on
2:27:43
there that is illegal. And so she'll have to deal with
2:27:51
the arresting agency because they do keep that evidence.
2:27:56
And I, I'm sure they have dumped it.
2:27:58
Probably it's not on the phone at this point, but I don't know
2:28:01
their policy. So we have to be compliant with
2:28:03
that. All right, Sir, do you
2:28:07
acknowledge receiving your appellate rights?
2:28:09
Yes, we have the life to, Sir, it's your life.
2:28:13
You decided you want to be a freeman or one who remains the
2:28:16
rest of his life in prison? Yeah, on the right Rd. before
2:28:21
it's too late, Sir. Good luck to.
2:28:24
You. That's all.
2:28:32
All right, friends, let's let's head back down to Judge W, you
2:28:36
know? Corn and Sir, you Michael
2:28:38
Harrison, and this is 25 DCCR 1859.
2:28:42
Mr. Harrison is charged with driving while intoxicated third
2:28:45
or more. And what is the announcement?
2:28:47
Your Honor, we've received everything but the videotape and
2:28:50
I expected and I just unfortunately requested a little
2:28:53
bit later than the regular discovery.
2:28:55
I've also received an offer from Miss Mofino.
2:28:58
I assure you that as soon as I receive the video, we'll make
2:29:00
tracks. I have good communication.
2:29:03
Any issue? OK.
2:29:04
And Mr. Harrison? Or do you have the auto ignition
2:29:06
interlock advice on your vehicle?
2:29:09
All right, Make sure you keep that on and don't drive any
2:29:11
other vehicle that doesn't have it.
2:29:12
OK. And I'll just do a normal reset.
2:29:14
Stay in touch with Mr. Gadget. Once he gets that video, you can
2:29:17
go over that with him and we'll get an announcement.
2:29:19
All right, free to go. Thank you, Ronnie.
2:29:21
Thank you, Sir. May I have an excuse?
2:29:22
Yes, Sir. Mr. Parker, you got Brian
2:29:30
Belvin. I don't know why he's on.
2:29:48
He's on JCD app. He's in JC.
2:29:52
Thank you. JCDR who's told him to go to
2:29:54
JCDR? Is it JCDR?
2:29:57
Yeah, yeah, he's. He's on free trial JCDR as a
2:30:02
diversionary that makes. If he complete the program,
2:30:05
cases dismissed a. Little bit dismissed.
2:30:07
So he's on pre trial diversion. Yes, it's just a drug called
2:30:10
track. Sorry.
2:30:12
That's OK, but according to some changes there are not dismissals
2:30:17
at the time of entering correct to send.
2:30:19
Contract. Any longer, OK.
2:30:21
And so with the lengthy reset judge, I'd have no reason to
2:30:24
believe he's not doing great. OK.
2:30:26
And he's a compliant, so he's passed on the test.
2:30:29
Lengthy 99. OK.
2:30:31
Good morning, Sir. You're Brian Belvin.
2:30:33
It's a year program. Right.
2:30:34
And I'm only a month in. All right.
2:30:37
So what we'll do is just so that I can keep track of how things
2:30:42
are going, I'm going to set it out about 3 months or so.
2:30:44
We'll just kind of check back in, make sure everything's still
2:30:46
going well, and then we'll do the same, maybe even a little
2:30:49
longer that second time, OK? So keep doing what you're doing.
2:30:52
Sounds like everything's going well, right?
2:30:54
Down. Here.
2:30:54
Yes, Sir. And I have one other one Judge.
2:30:58
Yeah, Christopher Rhodes. Season Hallway.
2:31:03
It's Christopher. Chris Charles.
2:31:08
Christopher Rhodes. Sorry.
2:31:36
Good morning, Sir. You're Charles Rhodes.
2:31:38
Yes, ma'am. And this is 26 DCCR 02/09.
2:31:42
Mr. Rhodes is charged with driving all intoxicated with a
2:31:44
child passenger. And what is the announcement?
2:31:47
We I think we about have something worked out.
2:31:49
I need to provide some documents to Miss Mofino and I think we'll
2:31:53
have it worked out next time. Any issues?
2:31:56
All right, Mr. Rhodes, I'm going to reset your case.
2:31:58
Just a normal reset. Make sure you stay in touch with
2:32:01
Mr. Parker and he'll let you know what's going on before that
2:32:03
next four day and we'll get an announcement then you're free to
2:32:06
go. See you this afternoon.
2:32:07
J Thank you, Sir. Is there a Mr. Charles Nesmith?
2:32:12
Good morning, Sir. So I was going to print
2:32:15
something, Your Honor. If I may.
2:32:16
Approach, yeah. Thank you.
2:32:18
Your Honor, for Deshawn Robertson this morning, she'd be
2:32:20
patient to stay upside right. I'm here for two things, your
2:32:24
Honor. One is 1 good morning in the
2:32:27
case. Hold on just a second.
2:32:30
Let's get is is, let's get Deshawn Robertson, please.
2:32:36
Hey. John Roberts.
2:33:03
Good morning, ma'am. You're Deshaun Robertson.
2:33:06
All right, Go ahead, Sir. I'm sorry.
2:33:07
Yeah, sure. Definitely.
2:33:08
Please court. I'm here this morning on behalf
2:33:12
of Miss Robertson. There's a couple of things and
2:33:14
evidence that I request is criminal history of the alleged
2:33:17
victim, Mr. Sanders, as well as requesting time from the court
2:33:21
for two things. One, I found an ex parte for an
2:33:24
investigator this morning, not just for criminal history, but
2:33:28
for any exculpatory mitigating evidence in this case because
2:33:32
there may be an issue of self-defense.
2:33:34
And that ties into C enter, which would be at a trial if
2:33:38
necessary for Miss Robertson because she's been MHMR all the
2:33:42
life. OK.
2:33:44
Going towards intent for an assault journal.
2:33:47
I can get him criminal history to complain.
2:33:49
I actually was just looking at it when he walked in.
2:33:51
It's great. It's expensive.
2:33:52
So I'll do a. A normal reset, and I'll take a
2:33:55
look at that motion and let you know what my ruling is on that.
2:33:59
Miss Robertson, make sure you stay in touch with Mr. Nesmith.
2:34:01
He'll let you know when you need to be back, and he'll visit with
2:34:04
you about anything that he's learned between now and the next
2:34:06
court date. OK.
2:34:07
All right. Thank you.
2:34:08
It probably is still pending. Because I thought.
2:34:10
Yeah, it. It'll take a day, maybe this
2:34:12
afternoon. I'll take a look at it as soon
2:34:14
as it comes through. I had to.
2:34:15
Fix a can in printer late last night.
2:34:17
Oh, all right, thank you. Y'all are free to go.
2:34:19
Thank you. Yeah.
2:34:22
See, Mr. Rojas, you have Brandel Griffin on sentencing Which?
2:34:28
1. Open, open.
2:34:34
What was his? Name Motion list.
2:34:43
Today read motion. I have checked my.
2:34:45
Emails. I just.
2:34:51
Want to make sure? So a couple things.
2:35:10
This is 24 DCCR 1666 and Mr. Griffin was hearing for and
2:35:17
entered a plea of guilty to a lesser included offense for a 30
2:35:20
day sentence. Gave him some time for
2:35:22
sentencing to come back today. So the first thing I'm going to
2:35:25
do is forfeit his bond for non appearance and reset it at 100
2:35:29
dollars, $100,000. I am also going to reject that
2:35:34
plea offer or that plea agreement.
2:35:36
We'll delete all of that paperwork and see I guess what
2:35:39
happens once we get a hold of Mr. Griffin.
2:35:42
If for some reason you get a hold of them this morning and
2:35:44
get them here, if there's some, you know, legitimate excuse,
2:35:48
just let me know and we'll take care of it.
2:35:49
Yes, ma'am. I'll.
2:35:51
Make a few phone call right now. OK, thank you.
2:35:53
You. Just.
2:36:13
Mr. Vasquez, I don't see that you have anything this morning.
2:36:16
Well. That gives you.
2:36:19
I'm going to. Probably have Mr. This is at
2:36:22
1:00 this morning. We're doing bond docket this
2:36:24
afternoon. Jail docket.
2:36:26
We'll be here all day. See you at 1.
2:36:30
Thank you for doing my thinking for me.
2:36:32
That's OK. Let's see.
2:36:38
See, Mr. Kamler, when I do it it.
2:36:43
It'll be in the pace. Mr. Broussard.
2:36:50
OK, I'll take care of it in just a minute.
2:36:57
So again, you're Darien Broussard.
2:36:59
And so, Mr. Broussard, you're here in my court in clause #25
2:37:07
DCCR 1441 and charged with hold on a second, It's right now.
2:37:23
You're charged with a third degree felony offense of evading
2:37:25
arrest or detention with the use of a vehicle.
2:37:27
And I've given you some time to try to hire a lawyer.
2:37:30
Hang on. That's, that's not even what my
2:37:32
biggest concern is at this point, because you're already on
2:37:36
misdemeanor probation and for some reason you've been testing
2:37:43
positive for THC since last October while you were on that
2:37:48
probation. And they let me know that, but I
2:37:53
don't know why they haven't filed a motion or done anything
2:37:55
about that. So.
2:37:56
I paid it off and that's what the judge almost told to pay it
2:38:00
off because he was like, I don't know why you still going to
2:38:02
probation? You're still going to probation
2:38:04
because you're still using marijuana while you're on
2:38:06
probation and while you have a felony court case pending,
2:38:10
right? So I don't know what makes you
2:38:12
think that that's OK because it's not.
2:38:14
And the fact that you were on probation and doing that and now
2:38:17
you're still doing it. I was still doing it.
2:38:19
I was telling my probation. I was smoking wax or risen
2:38:23
through TAC, you know, I was telling him that I was doing it
2:38:27
30 days. It was kind of hard to come out
2:38:28
my system still and I told him I needed another 30 days.
2:38:31
He said all right, come back, made a savement because he like
2:38:34
he was going out the system. But I don't know.
2:38:36
But you've been doing it the whole time, right?
2:38:40
Yeah, I was doing it the whole time.
2:38:41
Then when I got out, I stopped and it was stealing.
2:38:44
I got out. I went to jail.
2:38:45
You got out. What'd you go to jail for this?
2:38:47
Yes, and I got out like 3 days after that.
2:38:50
So you're telling me you haven't used since you've been to jail
2:38:53
in this case? And the only reason it's
2:38:55
stealing myself because I use I smoke wax and a bone like a
2:38:59
liquid THC. And I explained it to my
2:39:02
probation. I'll be explaining to
2:39:04
Superintendent she would like it probably take 120 days or so
2:39:07
because it's pure THC. It's been out since September.
2:39:21
You've been out of jail since September.
2:39:23
No, yeah, no, I went to jail since I went out of jail since
2:39:26
November. It's April.
2:39:32
Yeah. OK.
2:39:32
So I'm going to find that you have violated the conditions of
2:39:35
your bond. I didn't buy anything.
2:39:36
There's no way it's still in your system If the last stop
2:39:39
talking because you're going to make it worse.
2:39:41
OK, There's no way I don't care what you're smoking out of
2:39:45
whatever you're smoking and out of hang on, because if you if
2:39:49
the last time you did that was in September of last year or
2:39:54
November of. No, it was January.
2:39:57
That was my last time because I was like.
2:40:00
So you're not seizures, You're not telling me the truth?
2:40:03
Yes, ma'am, I'm saying my last time when I got out of jail was
2:40:07
in stock of November. That was first I got on November
2:40:11
the 1st. I didn't go report to I think
2:40:14
September on yeah, September and I pissed at and then I pissed at
2:40:22
three more times after that. Now I told him I'm like, sure, I
2:40:25
I was smoking hardcore. TACI didn't smoke.
2:40:28
None of that. None of that.
2:40:31
Would make you test positive today.
2:40:34
I tested positive again. Why do you think we're having
2:40:37
this conversation? Yes, you tested positive.
2:40:40
Keep tested. Positive because you're keep
2:40:42
using. Come on now, here's what we're
2:40:44
going to do. I'm going to make sure that
2:40:45
you're not using at least for some amount of time.
2:40:47
I'm not. I'm going to raise your bond for
2:40:51
violating your bond conditions. The fact that you've been using
2:40:55
while you're on probation and they let you keep going makes no
2:40:58
sense to me. Hold on.
2:40:59
It makes no sense to me at all. I'm going to raise your bond in
2:41:02
your case for violating the condition of your bond.
2:41:08
Hold on a second. To $50,000.
2:41:13
Condition of that bond, if you make it, is that you will be
2:41:17
required to have a drug patch on at all times.
2:41:20
Holodefin. I told him that I'm.
2:41:25
I'm serious, Miss Willis. OK.
2:41:26
Well, now you're going to get one, but the drug patch is
2:41:30
what's going to make you stop using.
2:41:32
That doesn't make any sense. Either that's what I'm saying,
2:41:35
OK. I don't believe you.
2:41:37
So I'm going to make sure of that because it doesn't make
2:41:39
sense what you're telling me on the date.
2:41:40
So again, you have to have a drug patch on within 24 hours of
2:41:44
your release if you make that bond.
2:41:47
And so if you don't make the bond, you're going to get a
2:41:51
court appointed attorney. I will consider at some point
2:41:55
and we'll let that attorney know, reducing your bond back
2:41:58
down after I know you have sat for some amount of time and not
2:42:01
used. All right, you can get back with
2:42:03
the bailiff. If you'll make a note.
2:42:07
To choose level he's going to get that.
2:42:12
Just that I would consider after he's hips for a minute and then
2:42:16
reducing the bond back to that. Oh, Charlie, Mr. Rojas, that's
2:42:33
yours, the one that I was just talking to.
2:42:37
So if he doesn't make bond, if you'll visit with him and by
2:42:41
that next Fort day, I would consider just bring it back to
2:42:45
my attention, reducing the bond back down with the with the
2:42:48
patch. But we're going to, we're going
2:42:51
to get you clean. Yeah.
2:43:03
Okie, dokie, friends, let's try something new.
2:43:05
We're going to stay in Texas, but this is Judge Alex Kim in
2:43:10
the 323rd District Court, Tarrant County, Texas.
2:43:30
OK, let's start this then. Court class cost #323-124614-24
2:43:38
style. The matter of Samuel Lee
2:43:39
Blackmore, we're here for a hearing under 54.11 of the Texas
2:43:43
Family Code on a parole transfer hearing.
2:43:47
Mr. Blackmore, just so you understand that there's a
2:43:49
hearing to make a determination on whether I should transfer you
2:43:53
to the Institutional Division of the Texas Department of Criminal
2:43:55
Justice or if I should release you into the community with
2:44:00
approval for release under supervision.
2:44:04
This is a hearing that I told you about the last time we saw
2:44:07
each other. You do have certain rights of
2:44:08
this hearing. You have the right to remain
2:44:10
silent. You have the right to an
2:44:11
attorney. You have the right to cross
2:44:12
examine and confront adverse witnesses.
2:44:15
You have the right to present evidence and argument.
2:44:17
You do not have a right to a jury and you have the right to
2:44:20
examine any report that is being used through your attorney.
2:44:23
Mr. Newman, because there is no agreement.
2:44:25
You do have a right to appeal my decision, Mr. Blackmore.
2:44:31
This is a hearing where the law allows me to make a
2:44:34
determination, because you are a determinate sentence offender,
2:44:37
on whether you should be released into the community or
2:44:40
transferred to TDC. There are factors I must
2:44:43
consider that the law requires me to consider.
2:44:45
I must consider the experiences and character of you before and
2:44:48
after commitment to the Texas Juvenile Justice Department.
2:44:52
I must consider the nature of the penal offense that you were
2:44:54
found to have committed and the manner in which it was
2:44:57
committed. I must consider the abilities of
2:44:59
you to contribute to society. I must contribute.
2:45:02
I must consider the protection of the victim of the offense and
2:45:06
any member of the victim's family.
2:45:07
I must consider the recommendations of the Texas
2:45:10
Juvenile Justice Department, the county juvenile board, local
2:45:13
juvenile probation department, and prosecuting attorney.
2:45:16
I must consider the best interest of the person.
2:45:19
And finally, I must consider any other factor relevant to the
2:45:21
issue to be decided. After considering these factors,
2:45:27
I must decide whether you should be released under supervision or
2:45:30
transferred to TDCI can order you held in the county jail
2:45:34
waiting for your pickup to buy TJJD or TDCI can also order your
2:45:39
return to TJJD with or without approval for release under
2:45:44
supervision. The Court at this time will take
2:45:49
judicial notice of the courts file and all of its contents.
2:45:52
Specifically, on January 30th of 2025, this Court found the child
2:45:56
delinquent for the felony offense of aggravated robbery
2:46:00
and also found the child delinquent for the felony
2:46:02
offense of Aggravated assault with a with a Deadly weapon.
2:46:06
At a separate and distinct hearing, this Court found a need
2:46:09
for disposition and committed the child to the Texas Juvenile
2:46:12
Justice Department for a period of eight years.
2:46:14
Remember, Mr. Blackmore, at that time I told you that we would
2:46:17
see each other again for me to make a decision whether I should
2:46:20
transfer you or to parole you. And then I would consider
2:46:23
everything that you've done between that date and the day we
2:46:26
saw each other again. I originally told you I would
2:46:28
see you shortly before your 19th birthday, as the case may be.
2:46:32
There's a request for early transfer from TJJD.
2:46:35
That is why we're seeing each other before I expected to.
2:46:38
All right, so Miss Therio, your first witness.
2:46:45
State would call Tammy Coy and. Miss Coy, All right, Please
2:46:48
raise your right hand. Do you solemnly swear the
2:46:50
testimony you're about to give will be the truth, the whole
2:46:52
truth? Nothing but the truth.
2:46:52
So I'll be God. I do all.
2:46:54
Right. Thank you, Miss Terry.
2:46:55
Please proceed. Miss Coy, can you state and
2:46:58
spell your name? For the record, my name is Tammy
2:47:01
Coy TAMICOY. And how are you currently
2:47:07
employed? I work for the Texas Juvenile
2:47:10
Justice Department. And what is your role with the
2:47:13
Texas Juvenile Justice Department?
2:47:15
I oversee the sentence defender department and we process
2:47:20
sentence defender youth out to either TJJD parole, TDCJ parole,
2:47:26
return to court for required hearings at 19 and return to
2:47:29
court for early transfer hearings like today.
2:47:33
And. And I guess, and as was
2:47:40
mentioned earlier, we're here in court today because you're
2:47:42
requesting T Texas Juvenile Justice Department is requesting
2:47:46
an early transfer of Samuel Blackmore.
2:47:49
Yes. OK.
2:47:50
And do you see Samuel Blackmore in the court via Zoom today?
2:47:56
Yes. OK.
2:47:58
And can you identify him by an article of clothing he's
2:48:00
wearing? He's wearing a green jumpsuit.
2:48:04
Your Honor, may the record. Reflect that the witnesses
2:48:06
identified the respondent. So reflect.
2:48:11
And in preparation today, did you was a master file containing
2:48:15
all of the respondents records along with the request for
2:48:18
transfer created? Yes.
2:48:22
And was that provided to all parties including the state, the
2:48:25
court and the defense attorney? Yes, Your Honor, at this time
2:48:30
the State and respondent have agreed to stipulate to the
2:48:33
admission of petitioners Exhibit One for all purposes, 1A for
2:48:37
record purposes, which contains the Master file.
2:48:42
All right, then, petitioners 1 is admitted for all purposes and
2:48:47
1A is admitted for record keeping purposes only.
2:48:52
So Miss Coy, I want to talk a little bit about why we're here
2:48:55
for the early transfer, OK. When is the respondents sentence
2:49:02
set to expire? October 9th of 2032, OK.
2:49:08
And what is his, when would his Marriott minimum period of
2:49:12
confinement be like? When would that what is that
2:49:14
date, October 9th of 2027 and how old would he be on that
2:49:19
date? He would be 18 1/2
2:49:30
approximately. OK.
2:49:32
And if this case was to proceed as normal, when would his
2:49:36
transfer release hearing be? Actually, if it were to proceed
2:49:42
as normal, he wouldn't require one because he can complete his
2:49:46
minimum period of confinement before turning 19, so TJJD would
2:49:50
have paroling authority over him.
2:49:52
If TJJD chose not to parole him and to keep him past his minimum
2:49:56
period of confinement, when would the hearing be scheduled
2:49:59
for? One would have to be scheduled.
2:50:05
We'd either release him at 19 to adult parole or one would have
2:50:08
to be scheduled prior to 19 for another early transfer.
2:50:12
OK, and how old is the respondent?
2:50:15
Currently he is 17 years, one month.
2:50:19
And why is Texas Juvenile Justice Department requesting
2:50:23
early transfer? While Samuel has been with us,
2:50:29
he has had multiple incidents, behavioral issues and aggressive
2:50:35
behavior. OK.
2:50:37
Is there a criteria that is in place for someone to qualify for
2:50:42
early transfer? Yes.
2:50:44
And what is that criteria? They have to be at least 16
2:50:49
years old. They have to have been with us
2:50:51
at least six months. And if they commit a new felony
2:50:56
or Class A misdemeanor, that would make them could make them
2:50:59
eligible. 3 or more major rule violations confirmed through a
2:51:03
Level 2 hearing would also meet eligibility and an unwillingness
2:51:09
to progress in treatment. OK.
2:51:12
And obviously Mr. Blackmore met the criteria in this case,
2:51:17
correct. Yes.
2:51:19
Was he made aware that he was in danger of being transferred
2:51:23
early? Yes.
2:51:25
And what was his response to that?
2:51:29
His response at some points has been he wants to go to TDC and
2:51:34
does not want to work the programming.
2:51:36
OK. Did you see any improvement in
2:51:38
his like massive improvement, his behavior when he knew that
2:51:41
he was in danger of being transferred?
2:51:44
So yes, we saw an improvement. We initially started his packet
2:51:49
in the end of July and at that point he had already met the
2:51:54
full criteria by having five major rule violations confirmed
2:52:00
at that time. After that his behavior did
2:52:03
improve at which point the packet was placed on a 60 day
2:52:07
set off to to give Samuel time to continue working to continue
2:52:12
to see if he would maintain that positive progress.
2:52:18
Although during that time he did, he did initially, but then
2:52:22
he reverted back to his aggressive behaviors.
2:52:26
How since his commitment, how many incidents reports has he
2:52:30
incurred? 95, all right.
2:52:34
And how many admissions to the Regulation and Safety Unit 11?
2:52:39
And how many Level 2 hearings has he had?
2:52:42
He's had five Level 2 hearings confirming 8 major rule
2:52:47
violations. OK.
2:52:48
Can you? Briefly list those infractions
2:52:50
in the dates Yes, March 4th of 2026 Fighting bodily injury.
2:52:58
March 27th, 2026 Fighting no bodily injury.
2:53:04
December 31st, 2025, exposure. June 26th, 2025 Assault of
2:53:12
staff, bodily injury, Assault of staff, no injury, Possession,
2:53:16
use of a prohibited substance, white powder and May 28th, 2025
2:53:22
tampering with safety equipment and fighting no injury.
2:53:28
What interventions were given to Mr. Blackmore to assist him in
2:53:34
trying to complete the Texas Juvenile Justice Department
2:53:36
programming? He has been placed on egregious
2:53:43
behavior protocol approximately I believe 7 times and repair an
2:53:48
additional five times which both programs help the youth to work
2:53:53
specifically on the behaviors that they're exhibiting and
2:53:56
better ways to handle their their problems.
2:54:02
As well as having the 60 day set off where he was noted that he
2:54:07
would, we would be pausing that decision to move forward and
2:54:12
then attending regular general programming.
2:54:15
And were any of this, these interventions effective only for
2:54:22
a short amount of time? They do tend to.
2:54:24
He can pull it together and respond well, but then
2:54:29
eventually reverts back to his old offense patterns.
2:54:34
Were there any specialized treatments that were recommended
2:54:37
for Mr. Blackmore? Yes, he was recommended for
2:54:43
power source and substance use services.
2:54:47
He has not been in either program to date.
2:54:50
However, we're no longer using power source and he is receiving
2:54:56
individualized DBT to address the violent offender programming
2:55:00
need. What's DBT?
2:55:03
Dialectical behavioral therapy. OK.
2:55:07
So is there a reason that he was never enrolled or started the
2:55:11
two programs that you just mentioned?
2:55:14
Likely it, it's probably a combination his behavior was not
2:55:19
stable as well as his minimum period of confinement not being
2:55:24
up for well over another year and a half now.
2:55:27
OK. So I also read was he referred
2:55:31
to the violent offender program? Yes.
2:55:35
OK. Has he had an opportunity to
2:55:38
participate in that program at all?
2:55:40
No, that would be power source, which we're no longer doing.
2:55:44
OK, so if you're no longer doing that, do you have an alternative
2:55:49
program instead? Yes, he's getting the individual
2:55:54
DBT which is specific and above and beyond.
2:55:57
So normally youth meet with case managers and do their DBT groups
2:56:02
twice a week. Additionally, now they're
2:56:05
meeting with an in mental health professional and having
2:56:09
individualized DBT with them as well.
2:56:12
And how is that working out again, kind of like his behavior
2:56:18
up and down. Some days he works, some days he
2:56:21
refuses to go to group. He some days he has his
2:56:26
assignment, some days he's lost his diary cards.
2:56:30
It just really kind of depends on where he's at at that time,
2:56:33
OK? And.
2:56:35
What is Mr. Bikemore's current stage?
2:56:41
He is a Stage 3. And that's.
2:56:43
About. Middle of the pack, right?
2:56:46
Correct. OK, so with him being a stage 3
2:56:49
and when did he get his last promotion?
2:56:52
April 1st. So would you agree with me that
2:56:57
that shows improvement? It did, yes.
2:57:01
It did show some improvement. OK, so with him reaching a level
2:57:05
4, I'm sorry, Level 3, why is TJJD still recommending his
2:57:12
early transfer to the Texas Department of Corrections?
2:57:17
It's his overall behavior while he's been with us.
2:57:22
His last fight occurred approximately a month and a half
2:57:26
ago when he knew he was still under review, and he tends to do
2:57:33
well for short times and then reverts back to his aggressive
2:57:38
behaviors. OK.
2:57:42
How is or is his behavior affecting or having an impact on
2:57:46
the other use that are at the at the facility?
2:57:51
Yes it can. OK.
2:58:01
And you mentioned he keeps reverting back.
2:58:02
Is, is that the primary or I guess I should ask, what is the
2:58:06
overall primary concern when you have this, this that TJJD has
2:58:10
when it comes to the respondents behavior really that he more
2:58:19
often than not will choose not to follow programming, not to
2:58:22
use the skills that he's been taught and is learning and
2:58:26
continues to revert back to his aggressive behaviors to handle
2:58:30
problems rather than using skills that are taught that
2:58:33
would keep from that happening. And then one last time, what are
2:58:38
you requesting of the court today?
2:58:41
The agency's requesting he be transferred to the criminal the
2:58:45
the the Correctional Institution Division of TDCJ Past witness,
2:58:50
Your Honor. Cross examination.
2:58:53
Thank you, Judge. Good morning, Miss Coy.
2:58:57
Morning. All right, I want to talk to you
2:59:01
about a statement you said a second ago.
2:59:03
First, I think it might be a bit hyperbolic, he said.
2:59:06
More often than not, he's not complying.
2:59:11
Yes. He has 95 incident reports and
2:59:16
he's been there longer than 190 days.
2:59:21
Is that fair? Yes.
2:59:24
All right, I just. Want to clarify that now I want
2:59:28
to. Talk to you about the stage.
2:59:29
System that you use, there's a five stage system.
2:59:32
Is that accurate? Yes.
2:59:34
All right, there's 4 numbered stages and there's one that has
2:59:37
a word as its stage. Is that fair?
2:59:40
Correct. All right.
2:59:42
And so when you say somebody's in the middle of the pack in
2:59:44
Stage 3, we're talking about somebody who's engaged in their
2:59:48
academic and behavioral program. Is that fair?
2:59:54
Yes. Additionally, they're otherwise
2:59:58
complying in the dorm. Yes, all.
3:00:02
Right. And so when we talk about those
3:00:04
95 incident reports, as of August of last year, we had 75.
3:00:14
I would have to don't know the exact.
3:00:19
Do you think it might refresh your recollection if you reread
3:00:23
the master file? Oh, are you referring to the
3:00:29
site the the Time the Psychological?
3:00:32
Yeah, I was going to direct you to bait stamp #9.
3:00:35
Yes. So is it fair to say over the
3:00:44
last seven months there's been 20 incident reports?
3:00:51
Yes. And so when we talk about
3:00:55
somebody making this type of progress, part of what TJJD does
3:01:01
is cognitive behavioral therapy, but all rolled into
3:01:07
rehabilitation. Correct.
3:01:10
That's ultimately the charge of TJJD is rehabilitation.
3:01:15
Yes. I want to talk to you about the
3:01:18
availability of those programs, specifically the power source
3:01:22
program before it was done away with.
3:01:24
Was Mr. Blackmore ever number one on the list to go for the
3:01:28
waiting list? No.
3:01:32
Was he ever number one on the list for the SUS treatment?
3:01:38
No. And so a big factor was the
3:01:42
waiting period in why he wasn't able to engage in that.
3:01:47
Yes. And the purpose of these
3:01:51
programs was to address his criminogenic needs and to
3:01:54
provide him with skills and tools to not re offend.
3:01:59
Yes. And he wasn't given the
3:02:02
opportunity to participate in either of those.
3:02:05
Not in either one of those, no. OK.
3:02:07
And so I want to talk to you about the power source program.
3:02:10
Has it gone by any other name in the last five years?
3:02:15
Sometimes people refer to it as violent offender programming.
3:02:18
All. Right, and TJJD has done away
3:02:22
with the violent offender programming.
3:02:24
We've done away with that specific.
3:02:27
We still have the Capital and series violent offender program
3:02:30
and now rather than youth going doing power source, we're doing
3:02:36
individualized DBT with the mental health providers.
3:02:41
All right, let's talk about the Capital Serious Violent Offender
3:02:44
Treatment Program. All right.
3:02:46
And that is a program offered through TJJD.
3:02:49
Yes. And that program has certain
3:02:52
criteria to get into it. Yes.
3:02:56
And at the orientation stage of somebody stay in TJJD, they
3:03:00
would be evaluated whether that program is necessary.
3:03:05
Correct. And at Mr. Blackmore's
3:03:07
orientation, it was determined it was not.
3:03:10
Correct. And at his orientation it was
3:03:15
recommended he do the power source program.
3:03:19
Correct. The Power Source program has
3:03:21
some similarities to the Capital Serious Violent Offenders
3:03:24
Treatment program. Yes.
3:03:28
It addresses individual needs as well as provides a group setting
3:03:34
so there may be reflection amongst peers.
3:03:38
Yes. And the purpose of that
3:03:40
treatment is to encourage empathy, to encourage
3:03:44
understanding, and to allow individuals to progress with
3:03:50
similarly situated peers. Yes.
3:03:55
And instead of that, what TJJD offers now is simply individual.
3:04:03
I was it DBT therapy? Yes, we do have that all.
3:04:08
Right, so the violin offender program is effectively gone and
3:04:13
replaced with an individual program.
3:04:16
It still has. So it has 22 prongs to it.
3:04:19
It still has a group program setting that's done with the
3:04:22
case manager where they meet for those groups twice a week.
3:04:25
And then additionally, on top of that, they're also doing
3:04:28
individualized DBT with the mental health professional.
3:04:33
OK. And so as somebody progresses,
3:04:36
they would be engaged in the group setting.
3:04:41
Actually, I mean they start that the day one that when they come
3:04:45
in. OK, that's why I wanted to
3:04:46
clarify. So power source is gone, but we
3:04:50
have many of its elements. Yes.
3:04:54
And is Samuel engaged? In those elements.
3:04:58
Yes, at times he is. And he was placed in TJJD in
3:05:04
what month? He arrived to orientation on
3:05:09
April 10th of 2025. And when you say April 10th,
3:05:15
2025, that is when he was transferred from our facility in
3:05:19
Tarrant County to the TJJD facilities.
3:05:23
Correct. And at that time, he entered the
3:05:26
orientation program. Yes.
3:05:30
And his needs were assessed. Yes.
3:05:34
And then he begins rehabilitation.
3:05:36
So in those first 4 1/2 months, he had 75 rule violations.
3:05:44
Correct. In the next seven months, he
3:05:47
only had 20. Correct.
3:05:51
And Samuel is scheduled to be placed on Stage 4 in the near
3:05:55
future, is that correct? I It would depend on his
3:06:02
behavior as well as him being meeting the certain criteria for
3:06:10
stage 4. All right, but that can be done
3:06:14
relatively quickly. Possibly, if he were working,
3:06:19
yes. Could be done in about a month
3:06:21
or six weeks. I would tend to think maybe a
3:06:25
little longer than that. As you get higher in stages,
3:06:28
they take longer because there's more criteria that they need to
3:06:33
be meeting and they also have to be meeting all the criteria
3:06:37
that's from stage 1, stage 2 and stage 3, as well as meeting the
3:06:41
stage 4. OK.
3:06:44
And so let's talk about how much time we have left.
3:06:47
We've used approximately 11 months of his stay.
3:06:51
Is that fair? Yes.
3:06:53
All right. And that's just in TJJD.
3:06:55
He had several months before that in the Tarrant County
3:06:58
Juvenile Detention Center. Correct.
3:07:01
And just for his minimum length of stay, we have 14 months left.
3:07:09
Yes, well, it's October of 2027, so. 13 and some change a little
3:07:17
bit more accurate. Oh.
3:07:22
I'm back closer to. I was going to say, I would say
3:07:24
closer to 16 or 17, I think. Thank you.
3:07:28
Lawyers not known for their math skills.
3:07:30
All right. So we have about 16 months left
3:07:33
before even his minimum length of stay and we have a downward Y
3:07:38
intercept showing that his behavior is improving through
3:07:40
the programming. Yes.
3:07:46
And there is every possibility that in continued programming
3:07:51
that he would progress to Stage 4 and stage yes.
3:07:56
It is possible. I didn't hear that every what,
3:08:00
Mr. Newman? Every possibility that in.
3:08:03
The. Next 17 months he would achieve
3:08:05
stage 4 and stage yes. Now I want to talk to you about
3:08:18
the Level 2 hearings. All right, You testified a
3:08:24
moment ago about a Level 2 hearing in June of 25, and I
3:08:29
have some documentation in the master file related to a
3:08:33
prohibited substance. I have gone through this file
3:08:37
and I cannot find what prohibited item or substance
3:08:41
we're talking about. Can you direct me to where it's
3:08:44
located in the master file? Now I'm going to hopefully
3:09:25
provide you a little guidance. I see something on 447 in my
3:09:28
notes at bait stamp 447. Oh, you're looking for the
3:09:33
actual level 2? I was looking for the incident.
3:09:37
I'm looking for the 225. OK, the 225, I'm almost there.
3:09:48
The 225 is going to be on page 598. 598.
3:09:53
Thank you. And so was this substance
3:10:10
tested? I.
3:10:20
Do not know. Ultimately, he was referred to
3:10:24
the psych, the psychiatrist per Bait Stamp 447.
3:10:37
Yes. And he received some type of
3:10:41
medical follow up. Yes.
3:10:52
And was Mr. Blackmore on any type of prescription medication
3:10:58
at the time? Yes, he was.
3:11:03
And was that consistent with what was observed?
3:11:11
But explain what you mean. Well, was the white powder
3:11:15
consistent with the prescription medication he identified?
3:11:20
Well, according to the youth, he stated that it was his
3:11:23
medication that he had crushed up.
3:11:25
OK. Do you have any information that
3:11:30
would show that this prohibited substance was an A non
3:11:33
prescribed narcotic? No.
3:11:38
And all of this happened ten months ago.
3:11:42
And please check my math, I'm not doing great on it this
3:11:44
morning. Yes, I believe so.
3:11:47
All right. And so if the judge were to
3:11:51
return Mr. Blackmore to Texas Juvenile Justice Department, it
3:11:57
would be the Texas Juvenile Justice Department's obligation
3:11:59
to continue his programming. Yes.
3:12:02
And could you commit to the court that you would continue
3:12:05
the programming and assistance rehabilitation?
3:12:08
Yes, we would. If he was successful, you would
3:12:12
have the opportunity to parole him.
3:12:16
Correct. If he was unsuccessful, you
3:12:21
could seek another early transfer, correct?
3:12:25
There's no bar to you seeking another one later.
3:12:28
Correct. And.
3:12:32
If he is somewhere in between those two stages, you could keep
3:12:36
him past his minimum length of confinement.
3:12:38
Is that fair? Yes.
3:12:41
And are you committing to the court that if that were to
3:12:44
happen? That you would.
3:12:46
Abide by the Director of the Legislature and continue your
3:12:49
program. Yes.
3:12:52
And despite the fact that we see a downward Y interceptor
3:12:55
behavioral intercept incidents, it is still the recommendation
3:12:59
of the Texas Juvenile Justice Department to transfer Samuel
3:13:03
Blackmore to the Texas Department of Criminal Justice.
3:13:08
Yes. I'll pass the witness, Judge.
3:13:11
Misterio. No questions, Jerona.
3:13:17
All right, so on your kind of the summary on Page 3.
3:13:32
Yes. Underneath the chart it talks
3:13:41
about the egregious behavior protocol EBTEBP, right?
3:13:46
Is that I don't? Is that a new program or new
3:13:50
title? It's newer, we've had it for a
3:13:53
while, it's replacing repair, so repairs going away and EBPI want
3:14:02
to say we've had it well over a year, but.
3:14:09
That's fine. I just hadn't seen it before.
3:14:11
All right, So this is kind of a timing thing that I saw.
3:14:23
Do you know when the decision was made by the the committee to
3:14:27
request early transfer? Initially it was back in July of
3:14:34
2025 when the packet was started and then in September Mr. Grove
3:14:41
on September 24th did a 60 day set off of that decision.
3:14:48
Who's Mr. Grove? He's our deputy executive
3:14:50
director. So I committed him January, I
3:14:55
think 25th or January 30th of 25.
3:14:59
When did he come into the community care?
3:15:01
When did y'all pick him up? April 10th of 2025.
3:15:06
And then in July y'all started the the packet for the early
3:15:11
requesting early transfer. Yes.
3:15:14
And then Mr. Grove did a six day set off, so I would have pushed
3:15:18
it off to roughly September or so.
3:15:20
Yes, the end of September. So I think we were, we received
3:15:25
the letter originally requesting early transfer in February and
3:15:30
So what what happened in the delay between September to
3:15:34
February? So when there's a 60 day set
3:15:37
off, that packet goes basically on hold and then after that 60
3:15:42
days we kick it back to the facility for updated
3:15:46
recommendations or feedback and with what the youth is doing.
3:15:51
And at that point they the facility updates their feedback
3:15:56
and then it goes back to Mr. Grove and then he will re review
3:16:00
it and make a final decision. I'm just going to ask you this,
3:16:07
from the time you took possession of Mr. Blackmore, so
3:16:11
in from April until July when you started the the red packet
3:16:16
to transfer, how would you grade his attitude on A through F?
3:16:22
It was. It was close to an F.
3:16:25
OK. Then during the Mr. Grove's 60
3:16:27
day set off, that means from July, well July until September
3:16:33
or so. How would you grade Mr.
3:16:35
Blackmore's attitude at that point?
3:16:39
At that point it had improved I. Mean can you give me a grade?
3:16:49
I would probably give him at that Point C + B minus.
3:16:59
Then from September so then during the setup y'all started
3:17:04
the packet again after that set off.
3:17:07
It's not started, it's it's just kicked back for updated
3:17:12
information. So it's basically placed on hold
3:17:15
or pause to see if he's going to continue with that behavior.
3:17:19
He had shown behavioral improvement and to make sure
3:17:22
that he was going to continue with that improvement was the 60
3:17:26
day set off. Then it goes back to the
3:17:28
facility for their feedback again.
3:17:32
So it seems like his attitude improved then, but then TJJV
3:17:36
started I guess going down the path of recommending early
3:17:40
transfer again after September. After, I would say that it was
3:17:48
probably it was after December because the packet was approved
3:17:56
in February. What?
3:17:59
What happened between September and December then?
3:18:03
So September he had one incident, in October he had
3:18:08
none, in November he had one. And then starting December 15th,
3:18:13
his, his behavior started going back up.
3:18:20
And then come the beginning of February, it it was, it started
3:18:26
even more. We say up not we're not talking
3:18:30
up as a positive, we're talking up as in the severity.
3:18:34
OK. And then February is when you
3:18:37
decided to go ahead and send the request to the court for the
3:18:39
early transfer. So I know in Bates 298 and then
3:18:49
multiple times throughout the master files, Mr. Blackmore is
3:18:52
repeatedly saying he wants to go to TJJD.
3:18:55
He would rather go to, I'm sorry, TDC, he would rather go
3:18:57
to TDC, just send them to TDC. And so I understand we're
3:19:04
dealing with children, They say things that they may not mean.
3:19:07
But how often does this happen where children say just, I
3:19:10
remember the the master files like it were where these youth
3:19:13
will say, I don't care, right? And I know they kind of care,
3:19:17
but I don't think I've ever seen a child actually say I want to
3:19:21
go to TDC. Like how often does that happen
3:19:24
in your experience? It happens.
3:19:30
It doesn't happen a lot, but it does it does happen with some
3:19:35
youth. Will they say it over?
3:19:42
I'm trying to figure out, and I just don't have the experience
3:19:45
with this, like the degree of sincerity when a child says
3:19:49
that. I mean, are there youth in your
3:19:51
experience that actually do want to go to TDC?
3:19:54
Yes. I also see multiple references
3:19:59
to a diary card and I haven't seen that before.
3:20:01
What is a diary card? It is part of the DBT
3:20:07
programming where the youth has a card where they're going to
3:20:10
write down what has been going on and their feelings and
3:20:14
everything with it and kind of identifying it helps them
3:20:17
identify what's going on, what's happening when they're starting
3:20:21
to feel a certain way. Like some days he may like, I
3:20:25
haven't felt like fighting in a week or I, you know, I feel like
3:20:28
fighting every day. Just depends on what's going on
3:20:30
to make them more aware of what's going on with their
3:20:33
feelings and how to better handle them and have you and use
3:20:37
those coping skills that they're learning in the programming and.
3:20:42
Then so you had mentioned in your testimony he had lost his
3:20:46
diary card. I mean, tell me, tell me about
3:20:48
like, what are the rules involving the diary card?
3:20:52
Well, that's part of their treatment program.
3:20:55
So that would be an issue if it was, if it was lost.
3:20:59
And then he would have to make sure that he had requested to
3:21:01
get another one to be able to continue monitoring himself.
3:21:06
It's really a tool that they that he uses to monitor himself
3:21:09
and what he's doing, but and then meets with the MHP to go
3:21:14
over it and identify where he's at and focus what his focus
3:21:19
needs to be on. So it would it would be a
3:21:21
problem if he lost it and would need to get a new one.
3:21:35
Oh, I did notice one where one of his level twos was for head
3:21:40
butting one of the detention staff and so was there ever a
3:21:44
criminal case filed with that in the local county?
3:21:48
There was a review of that through OIG but not sustained
3:21:53
for enough to go up for prosecution.
3:22:05
And there's one other time where I saw an involved Priya.
3:22:09
And I'm sorry, I'm just not that familiar with Priya since I
3:22:13
don't work in a detention facility.
3:22:16
So if I recall, there was a time when I guess he was in his pod
3:22:23
and it looks like, I think a female, I think the name was
3:22:25
Maria, was doing checks. And this young man had, I guess
3:22:31
he was laying on his bed naked, which was against the rules.
3:22:36
And then she called for somebody else and then he had covered
3:22:42
himself after that. Is there, can you tell me a
3:22:44
story? Like my assumption was if a
3:22:47
female encounters naked male, that they need to call for a
3:22:50
male to come by and deal with it.
3:22:51
Is that what it is? Or I've never seen that where
3:22:53
they called for somebody else. Looking.
3:23:02
Because I think that's the one that that he received the Level
3:23:06
2 hearing for in December. And I think she called to notify
3:23:12
the the CSA on duty, the who's our administrator on duty at
3:23:18
that time to let them know that that that incident had occurred.
3:23:24
There's also another so I saw that can't figure this out.
3:23:27
It said he had urinated under his door.
3:23:30
Can you tell me how that happens?
3:23:34
Like don't the individual pods have toilets in them?
3:23:40
I don't believe on the dorms, no, not each individual.
3:23:44
It depends on the actual facility and the the makeup of
3:23:49
that. Do you remember approximately
3:23:51
when that happened? No, there were two, two times
3:23:54
where he urinated inside his his dorm, but one of them was it
3:23:59
said he urinated under his door. And I can't.
3:24:15
Yeah, I didn't write the page number.
3:24:18
I mean, at the time it seemed odd, but it kind of came to my
3:24:23
mind right now talking to you. That's that's fine.
3:24:29
I'll. I can look through and and get
3:24:30
that information back. OK.
3:24:42
I'm sorry, Bates 619. I did write it down,
3:24:55
Samuel informed me. He urinated under his door while
3:25:00
other youth were being disruptive.
3:25:06
Yes. Like I'm just wondering how that
3:25:18
happens. It's possible that if there was
3:25:30
a big disruption going on, they could not have been able to let
3:25:33
him out to go to the restroom. I don't know if he had asked or
3:25:37
not or if he just did it to be involved in the disruption.
3:25:40
I mean, it could be any of those.
3:25:49
I think there's some questions earlier about not being at the
3:25:53
group program, like the I know you don't do power source
3:26:00
anymore, but the violent offender program, Mr. Newman
3:26:02
touched on this. Was he not enrolled that because
3:26:05
he was just too early in the program?
3:26:06
I know y'all are. It's kind of whack A mole.
3:26:09
You're trying to get kids in a program kind of time with their
3:26:11
release dates. Is it because Mr. Blackmore just
3:26:14
hadn't gone far enough on the wait list yet?
3:26:18
Yes, that was definitely a big part of it and then his behavior
3:26:22
as well. But yes.
3:26:26
OK. All right.
3:26:28
That that's all the questions I have for Miss Corey Misterio.
3:26:30
Did you have follow up questions?
3:26:31
No, Your Honor. Mr. Newman?
3:26:33
No, judge. OK.
3:26:34
I just want to give you all the chance in in case I triggered a
3:26:38
a curiosity. All right.
3:26:39
Thank you. Mr. Coy Misterio, your next
3:26:41
witness. Oh, we have no further
3:26:43
witnesses, Your Honor. Mr. Newman, your first witness.
3:26:47
Judge, may I have a brief recess to confirm with my client or?
3:26:50
Do you want me to put you in a breakout room or actually just
3:26:52
since y'all are still thanks to each other.
3:26:54
Is there anybody else in or do y'all have privilege or do y'all
3:26:57
need? I would like to go to the back
3:27:00
hallway or the holding cell just because we.
3:27:03
Do have a game? Left in the room with us.
3:27:04
OK, let's just let's take a recess.
3:27:06
We'll just wait for you to pop on screen.
3:27:07
Mr. Newman all. Right.
3:27:08
Thank you, Judge. OK, friends, we're a little bit
3:27:13
in the way back machine here, so I'm going to try to bump past
3:27:16
this so we can finish this. Hopefully they're not gone long.
3:27:19
All right, there we go. Let's pick it back up.
3:28:05
All right. Hello, Dad.
3:28:07
OK, everyone can hear me still. Yes, Judge.
3:28:13
Yes, Judge. OK, so back on the record, Mr.
3:28:16
Newman, do you have any witnesses?
3:28:17
At this time, respondent will rest.
3:28:22
Mysterio. Yes Sir.
3:28:24
Closing arguments. Judge, we would just ask that
3:28:27
you follow the recommendation slash request from the Texas
3:28:30
Juvenile Justice Department. OK.
3:28:33
Miss Newman posing argument. Thank you, Judge.
3:28:37
In reviewing the statute, obviously there are the criteria
3:28:40
the court has outlined, but also any other relevant factor.
3:28:43
And I think one of the relevant factors this court ought to
3:28:46
consider his time, the amount of time he has available left in
3:28:50
the Texas Juvenile Justice Department.
3:28:52
Ultimately, when we're looking at the experiences and
3:28:55
character, the person before and after commitment, let's talk
3:28:58
about after commitment. After commitment.
3:29:01
We started out in a place where we were getting approximately 20
3:29:05
violations a month. Over the course of the last
3:29:09
seven months, that has dropped to approximately 3 rule
3:29:12
violations a month. He only achieved another 20.
3:29:17
This is an individual who is demonstrating inability to be
3:29:21
changed by the Texas Juvenile Justice Department.
3:29:24
That is what we're seeing in this file.
3:29:27
And I think this court should undertake the opportunity that
3:29:31
the Legislature affords for you to refuse it at this point and
3:29:35
give up effectively nothing other than give him the
3:29:38
opportunity to get on the program, complete it, get to
3:29:41
stage guess and be a productive member of society.
3:29:46
And if that does not happen, this court still has the ability
3:29:49
to conduct another early transfer hearing because we
3:29:52
wouldn't be bound by any procedural protection for that
3:29:56
reason. I would ask.
3:29:57
The court to deny it at this point, order him back to the
3:30:00
Texas Juvenile Justice Department and let's see what
3:30:03
happens when he's given the chance to complete violent
3:30:05
offender programming. Thank you.
3:30:17
So this Court, having considered all the competent evidence.
3:30:22
Having considered the experiences and character of the
3:30:24
person before and after commitment to the Texas Juvenile
3:30:26
Justice Department. Having considered the nature of
3:30:29
the penal offense that the person was found to have
3:30:31
committed and the manner in which the offense was committed.
3:30:34
Having considered the abilities of the person to contribute to
3:30:37
society. Having considered the protection
3:30:39
of the victim of the offense or any member of the victim's
3:30:42
family. Having considered the
3:30:44
recommendations of the Texas Juvenile Justice Department,
3:30:47
county Juvenile Board, local juvenile probation department,
3:30:50
and prosecuting attorney. Having considered the best
3:30:52
interest of the person and having considered any other
3:30:55
factor relevant to the issue to be decided or order the return
3:30:59
of the person to the Texas Juvenile Justice Department
3:31:02
without approval for release under supervision.
3:31:05
Mr. Blackmore. I am transferring you to the
3:31:07
Institutional Division of the Texas Department of Criminal
3:31:09
Justice because you have been respectful to me, not just this
3:31:13
time, but every time we saw each other in court before.
3:31:15
I do want to tell you why, because I think you're entitled
3:31:18
to know that. I think that's part of my job as
3:31:21
a judge is to explain this. There are a couple things.
3:31:24
One is just how serious this offense was.
3:31:26
There was an armed robbery of a gas station involving A firearm.
3:31:30
This is clearly dangerous behavior.
3:31:33
While it was when you were younger, it wasn't that much
3:31:36
younger. It was only a year or two ago,
3:31:39
clearly there was a need for rehabilitation from your violent
3:31:42
behavior and that's why you were sent to TJJD.
3:31:45
Now, while you were there, this, your attitude has been poor.
3:31:50
I mean, I can't, I think there's maybe half a dozen times, 10
3:31:54
times that you said send me to TDC, send me to TDC.
3:31:58
What you will learn as a man is that when you say something,
3:32:00
people believe you. And I can't help but think as
3:32:04
many times as you said you want to go to TDC, the fact that
3:32:08
you're assaulted on staff, the fact that as many times as
3:32:11
you've been disruptive dozens and dozens of times in such a
3:32:14
short period of time, too, you were in TDC less than a year or
3:32:18
right about. Yeah, you were in TDC for eight
3:32:22
months, 10 months before they made the decision that they just
3:32:25
can't help you. It is truly remarkable the
3:32:29
number of violations that you had.
3:32:32
When you look at the numbers that I saw in your master file,
3:32:34
that's comparable to somebody who's been in TDC or TJJD for
3:32:38
three or four years, not less than one year.
3:32:42
But you, you were just to the point where you're so violent
3:32:45
and aggressive and non compliant that I just don't think you will
3:32:49
be rehabilitated in TJJD and that now you need to be
3:32:54
transferred to an incarceration environment mostly just to
3:32:58
protect the community from you. I'll also let you know that part
3:33:01
of my factor on this one is, is the fact is, is just your high
3:33:07
level of disruption on everything.
3:33:10
I, I find it truly remarkable. That being said, since you are
3:33:17
being transferred to TDC, you will fall under some parole, the
3:33:21
guidelines that they have here. This is a 3G offense.
3:33:24
This is aggravated robbery and aggravated assault with a deadly
3:33:27
weapon. You are not eligible for parole
3:33:29
in the adult prison system. You would be eligible under
3:33:33
mandatory release guidelines that we have in the state for
3:33:35
adults, but not the traditional parole rules that we have.
3:33:40
My hope is that you go to TDC and and hopefully learn from
3:33:43
your mistake and do better. But at this point I believe, and
3:33:48
also I want to let you know, part of this is a policy
3:33:51
decision. There are many youth in TJJD who
3:33:54
are trying to do better and keeping you there would just
3:33:57
delay them from getting the treatment.
3:33:59
There are youth here in our defection facility that are
3:34:01
waiting for TJJD and they can't go as long as you're occupying a
3:34:05
bed there. Honestly, you had your chance.
3:34:08
You had multiple chances. They gave you the six day set
3:34:10
off and you chose not to take advantage of that.
3:34:13
I can't devote more state resources to you for somebody
3:34:16
who does not want to be helped at the sacrifice of somebody
3:34:20
potentially who wants to be helped that can go to TJJD and
3:34:24
be rehabilitated and return to our community because there was
3:34:28
no agreement. You do have a right to appeal.
3:34:30
I have a yellow piece of paper copy of the the notification of
3:34:35
right to appeal. Your attorney will hand that to
3:34:37
you before you. They take you back to the
3:34:39
Tarrant County Jail. That does explain that you have
3:34:41
the right to appeal. If you cannot afford an attorney
3:34:43
for the appeal, I will provide one for you.
3:34:45
Is there anything else that we need for the record, Miss Tario?
3:34:49
And nothing from a state, Your Honor.
3:34:50
Mr. Newman. Nothing from respondent.
3:34:53
OK, that shall be the order of the court Bailiff for Mr.
3:34:56
Blackmore, if you can just not take them away quite yet, let
3:34:59
give a chance for Mr. Newman to give him a copy of his
3:35:01
certification of right to appeal.
3:35:03
All right, I'll conclude this hearing.
3:35:04
Thank you everyone. Well, friends, I'm not sure how
3:35:08
I feel about that one. I need to give it some thought.
3:35:11
And Ashley, give it some thought.
3:35:13
Maybe this is Thursday's sidebar topic.
3:35:16
I certainly think it's something we could discuss.
3:35:18
Doesn't have to be, though, but consider it.
3:35:22
But yeah, I hope you all enjoyed today.
3:35:23
We had some interesting court for sure.
3:35:25
We got the history lesson from Judge Middleton, so that was all
3:35:28
good. I do have to run because I went
3:35:30
further today than I'd intended to, but we will be back tonight
3:35:35
for In the Blind with Mike and Dan Stick here.
3:35:38
YouTube will send you over there right after I close out here so
3:35:42
you can set a reminder for tonight.
3:35:43
That'll be 7:00 PM Eastern, 4:00 PM Pacific, and I'll be back
3:35:46
here tomorrow morning for the live show. 9:00 AM Eastern, 6:00
3:35:49
AM Pacific, 1/2 an hour earlier. If you are a channel member, go
3:35:53
have yourselves a great day and hopefully I'll see you this
3:35:55
evening over it in the Blind. Take care, God bless.