Latest / The Courtroom Files / May 18, 2026 Court Hearings: Hears Murder Plea, Denies Parole, Sentences Domestic Violence + More | TCF Podcast #293

Transcript

May 18, 2026 Court Hearings: Hears Murder Plea, Denies Parole, Sentences Domestic Violence + More | TCF Podcast #293 · The Courtroom Files

0:00
Good morning everybody. Welcome to TCF Live.
0:01
My name is Dan Sowell. I'll be your guide for this
0:04
morning's journey through Courtlandia.
0:05
But before we get started, here's a little about me.
0:08
I'm a modern man, a streamer and a dreamer.
0:10
A courtroom man. A2 laptop, four monitor, big
0:13
board running, no AI slop. Real human commentary kind of
0:16
man. I'm gavel watching chat,
0:18
moderating, orange jumpsuit spotting, payment plan,
0:20
explaining judge, roasting defendant excuse wrecking, live
0:23
streaming truth seeker. I'm online and off the bench.
0:27
I'm hibernating behind the screens, Cat Co hosting with
0:29
Ellie, super chat reading, fact checking, the fines and the
0:32
lies. I'm loud in the cloud and louder
0:34
in the comments. I'm hypercritical of bad rulings
0:37
and occasionally hypocritical when my own hot takes land
0:40
sideways, mad about the nonsense and part of the law to base
0:44
attention seeking with thumbnails and anonymous in the
0:46
discord. I'm anti slop, pro, real,
0:49
unscripted and unedited. I've got no use for fake voices
0:52
or manufactured drama. I've got 0 Patience for the
0:55
sensational. I'm a prayer warrior at the end
0:57
of every show, an anti AI crusader and court procedure
1:01
invader. Deep dived and fully committed,
1:03
brand loyal to the gavel. My notions are preconceived by
1:06
the transcript and I still love to be surprised.
1:08
Anyway, I'm a wife supporting kid raising family man with a
1:12
belly and a plan. A 53 year old self-employed self
1:15
driven dreamer pulling 12 to 16 hour days and alpha powered by
1:19
stubbornness and sheer willpower.
1:21
I'm being buried in court feeds and I won't shut up about it.
1:24
I'm a true believer in personal accountability and an
1:26
underachiever at keeping any stream under 3 hours.
1:29
Part of the conversation but impossible to talk down,
1:32
outraged by weak stories and part of the in Group that
1:35
actually shows up. You can't shut me up, you can't
1:38
talk me down because I'm far right on the docket, far gone on
1:41
cases and far behind on sleep. I'm oversharing and under caring
1:46
about payment plans. Pro gun, pro accountability,
1:49
anti bullshit kind of guy. I'm not mad online, I'm just
1:52
watching. Everything's fine.
1:54
I commit to the bit, I commit to the chat.
1:56
I'm circling back to the cases, getting aligned with the
1:59
rulings, staying media illiterate on purpose because
2:02
the raw transcript is all I need.
2:04
I'm high touch, low impact, subscription based, gig economy
2:08
algorithm fighting and preserving the real.
2:10
I like my entertainment raw. All courtroom just for me.
2:13
I doom scroll the dockets, I chat troll the nonsense.
2:17
I'm tuned in on my big board. I pretend like piety from the
2:21
defendants is something I'm interested in, but I have zero
2:24
production jitters. I'm typing and tapping,
2:26
streaming, interacting, swiping and clicking, lying to no one,
2:31
ego inflated by the Super chats and self sustain, self sedated
2:35
by the end of the show's sign off.
2:38
A lone wolf who's part of a damn good pack.
2:40
And with that, let's roll nerds. Good morning once again
3:06
everybody. We'll get our day started with
3:07
Magistrate Eric. Good morning.
3:10
Welcome to the 44th District Court.
3:12
We are about to commence a traffic docket.
3:16
If you are here for a civil infraction issued by Officers
3:19
Francis, Stokes, Gertler or Patrone of the Royal Oak Police
3:25
Department, you are in the right place.
3:27
Please listen carefully. The court is going to explain
3:30
the informal procedure to you as a group and then we will
3:35
undertake your cases one at a time.
3:38
So to begin with, most these are civil infractions of a non
3:42
criminal nature. Nobody's going to jail this
3:44
morning on their traffic ticket, but it is considered serious
3:47
enough that the sighting officer issued you the ticket on the
3:51
date in question. As the motorist, you will be
3:54
required to make a selection from one of three options and
3:57
three options only to protect your own rights.
4:00
You may, if you wish, simply admit responsibility with portal
4:04
attach scheduled fine anywhere from zero to the maximum, and
4:09
that'll close the case. You may also, if you wish, admit
4:12
responsibility, but with an explanation that you believe
4:16
mitigates your circumstances. Your third option is to deny
4:19
responsibility. That is absolutely your right
4:22
and your privilege. If you do so, the court will
4:25
swear the parties under own the officer will testify first.
4:29
It's their burden of proof today that it is your turn to testify,
4:32
and then the court makes the finding of responsible or not
4:35
responsible. But please recall that since
4:38
we're in civil court, that burden of proof on the people is
4:42
a mere preponderance of the evidence, otherwise known as the
4:45
featherweight testing. That heavy burden of guilt
4:49
beyond a reasonable doubt is reserved for Criminal Court, and
4:52
these are not criminal charges. So with that said, the court
4:56
would simply add that if you have a documentary case
4:59
involving proof of insurance. Or.
5:03
Expired plates and you have taken care of your situation.
5:07
Have that proof of documentation handy and that will expedite
5:13
your matter. So the court's going to excuse
5:14
you, bring you back one at a time.
5:16
Please be ready with your selection bank and the court
5:19
calls Case number 26, RO 02407. This is people versus Jordan.
5:27
Amanda Barnett. That's you correct.
5:30
Yes. Miss Barnett, welcome.
5:32
You were present just a second ago and the court explained the
5:35
nature of an informal hearing. True.
5:38
Sure, yes. So you understood the court to
5:40
instruct it to you must select from one of three options to
5:44
protect your own rights, correct?
5:45
Yes, Thank you Ben Sparta. The citation for the court was
5:49
issued April 18 this year at approximately 10 in the evening.
5:55
You're operating 2019 Cherokee black in color on Woodward M1 at
6:01
or near 14 Mile Rd. in the city of Royal Oak at that place at
6:04
the time it was discovered the vehicles played and expired on
6:07
your birthday last May. So this is a simple non voting 0
6:13
point violation of expired plate.
6:15
You may admit responsibility. You may admit, explain and
6:19
display an updated registration. Or you can deny responsibility
6:23
in the court, swear the parties and conduct your trial.
6:27
What do you wish the court to do for you?
6:28
I admit and I have my registration in front of me.
6:32
Very well. So you're confirming to the
6:33
court that on the date question you're operating more today from
6:36
the city where I want to do an expired time?
6:37
Correct, correct. OK, Officer Francis, might you
6:42
have checked this before today? Oh yes, Your Honor, I did.
6:46
It's all up to date. So with that, I'd like to make
6:48
the motion to dismiss the citation.
6:50
All right, well done Miss Barnett, and a recent happy
6:54
birthday for you. This one is going to be
6:57
dismissed. You know what to do each and
7:00
every May 7th for the next 75 years, right?
7:04
Yes. All right, you take care.
7:06
Thank you. Thank you, Rana.
7:08
Case number 26 RO 02252 This is People versus Lucas William
7:17
Post. That's you, Sir.
7:18
Yes, Sir. Thank you very much, Mr. Post.
7:21
You were president earlier this morning when the court explained
7:24
the nature of an informal True. Yep.
7:27
So you understood the court to instruct that you must select
7:29
one of three options to protect your rights?
7:31
Also true. Yes, Sir.
7:33
Thank you very much, Mr. Post. The citation before the court
7:36
was issued on April the 14th of this year at about 8:30 in the
7:42
evening. You were operating in 2006 Honda
7:45
Blue in color on Woodward Ave. M1 at a near Bamlett City Royal
7:51
Oak. At that place and time, you were
7:55
cited for driving without your headlights illuminated and
8:01
having a large obstructing object hanging from your rear
8:06
view Bureau. So the officer's remark
8:10
indicates that observed northbound Woodward with lights
8:16
off, etcetera. There's a warning that's not
8:20
before the court regarding your registration.
8:22
But regardless, today's your day in court on the lights issue and
8:27
the rear view mirror object. You may admit responsibility.
8:32
You can admit and explain, or you can deny responsibility and
8:36
the court will conduct your trial.
8:38
Mr. Post, what do you want to Portugal through?
8:40
So I'll definitely admit my responsibility, but I was
8:43
wondering if there's any way to get the lights taken off because
8:48
it was still somewhat bright out and I always make sure I have my
8:51
lights on. But it was just he didn't even
8:54
give me time to like realize it was getting dark out.
8:56
You know, the the court doesn't have the authority as the
9:01
neutral here to just quote UN quote, take a ticket off if you
9:06
believe you're not responsible for having your lights off at
9:09
dusk. You can certainly, you can
9:13
certainly conduct your trial today if that's what you wish to
9:16
do or if you wish to confirm that you are legally
9:20
responsible, but then explain it in the way you just did.
9:24
That's your right and privilege too.
9:25
But the court does need to take a plea on both of these before
9:29
it can proceed. So you can admit, admit and
9:32
explain or deny responsibility is what's the difference between
9:36
admitting and admitting explaining?
9:39
Well, if you admit, you just say yes, and then the court assesses
9:42
a fine within its discretion. If you admit and explain, that's
9:46
certainly something that the court can consider when it's
9:49
analyzing what sanction might be necessary.
9:52
And certainly the officer is free to make any motions they
9:55
wish based upon your explanation.
9:58
Yes Sir, I'll explain. Well, you can explain, but
10:01
again, it has to be in a context.
10:03
Do do you wish to admit and explain?
10:06
Yes, Sir. Very well.
10:07
So you're confirming to the court that on the date in
10:09
question, your operating motor vehicle in the city of Royal,
10:12
you did not have your lights illuminated at dusk and as well
10:17
there was an object, an obstructive object hanging from
10:21
your rearview mirror, correct? Yes, Sir.
10:23
Thank you. Court is very grateful for your
10:27
please and honestly, Mr. Post, what's going on?
10:30
What do you want the port to know?
10:32
So I was driving down Woodward and it was just getting dark
10:37
out, but it was still, there was still sunlight out.
10:40
It wasn't really like it wasn't dark yet.
10:43
And he pulled me over for it. And I just, I didn't even get a
10:46
time to like turn off my light or turn on my lights yet.
10:50
And I every other day I'm driving with my lights on.
10:52
I always make sure to turn my lights on, but it just it was
10:56
just it was almost instant. You don't mean every other day,
10:59
like, odd even. You mean every other day except
11:02
for this day? Yeah, every, every time I drop.
11:04
All right. And what was the object hanging
11:09
from your rear blue mirror? It was a.
11:11
Small little Angel my it was my grandma's car and she had to get
11:14
It was a little Angel. OK, Thank you very much for
11:18
that. The Court appreciates your
11:21
statements and the court would turn to Officer Francis.
11:27
Your Honor, it's for the lights to common, you know, common
11:31
things, sometimes they forget, right?
11:32
People forget things. So with that being said, I'd
11:34
like to make the the motion to dismiss that citation and then
11:38
nothing further for the dangling ornament.
11:40
OK, thank you very much. So Mr. Post, being a weather
11:45
nerd for a moment, sundown on that particular day was actually
11:52
12 past 8. OK.
11:54
And I think that the the hard rule basically is you can't wait
11:58
till last light to put the lights on.
12:01
You got to you got to put them on when the sun goes down, the
12:03
lights go up. Do you have the the Sentinel or
12:07
automatic feature on your on your lights on that vehicle?
12:10
No, Sir. I got to flip a switch.
12:13
OK, well that one's dismissed. And with respect to the object
12:19
standby, the court's going to reduce that fine significantly.
12:25
So you're fine on that is going to be $75 Mr. close.
12:29
That is payable through the pay portal on the 44th District
12:32
Court website. Or you can walk the past checker
12:35
charge into this port at 400 E 11 mile load Monday through
12:38
Friday between 8:30 and 4:30. Of course, marking that due
12:42
within 14 days. That completes your hearing.
12:47
And this was a teachable vote, so the court intends to not see
12:51
you again in this context. OK.
12:53
Yes Sir, have a good day. Good luck to you.
12:56
Good. Morning once again, everybody.
12:58
It's TCF live. It's Monday morning.
13:00
It's nice to have you all here. As is typical on a Monday, a
13:05
fairly slow start out there in Courtlandia.
13:07
We're going to continue to ride with the magistrate here for a
13:09
little bit. Calling case number 26 RO 01906.
13:13
This is people of the City of Royal Oak versus Luke Michael
13:18
Mischerwat. Neshwat.
13:21
Neshwat, thank you very much. Mr. Neshwat, you were present
13:25
earlier today when the court explained the nature of an
13:27
informal hearing. True.
13:29
Yes, your Honor. So you understood the court to
13:31
instruct that you must select from one or three options to
13:33
protect your own rights? Also true.
13:37
Yes, your Honor. Thank you.
13:38
Mr. Neshwat. The citation before the court
13:41
was issued by Officer Francis on April 3rd.
13:46
At 9:30. You were operating in 2025 BMW
13:52
variant color on Woodward Ave. M1 entered near Buckingham, City
13:55
of Royal Oak, and at that place and time you were cited for a
13:59
violation of the Basic Speed Law.
14:03
The officer's remark, which appears on your ticket,
14:06
indicates vehicle observed northbound N Woodward near
14:10
Normandy driving in right lane clearly over the posted 45 mile
14:16
hour speed limit. Violation of basic speed law,
14:21
otherwise known as also driving too fast for conditions, is an
14:26
overarching requirement under the Michigan motor vehicle.
14:30
That means drivers must drive at a safe and prudent speed at all
14:35
times, not any Michigan highway based upon the conditions,
14:39
lighting, etcetera. So it's not a particular margin
14:44
of speed as much as the the officers assessment of the
14:49
circumstances. Mr. Neshwin, you may admit
14:52
responsibility, you can admit and explain or you can deny
14:56
responsibility in the court, swear the parties and conduct
14:59
your trial. What do you want the court to
15:00
do? I'd like to make responsibility
15:03
with an explanation, Your Honor. Very well so you're confirming
15:06
to the court that on the date and question your operating
15:07
motor vehicle in the city of Royal Oak and you drove in
15:13
violation of the basic speed law, correct your.
15:16
Honor, thank you. What's going on?
15:19
So it was a very busy night on Woodward.
15:21
There's like a big, like car thing going on, I guess.
15:25
And I was in the right lane. The vehicle in front of me was
15:28
turning right into like a neighborhood.
15:30
And they came like extremely slow.
15:33
Like they almost came to like a full stop.
15:35
So I kind of just accelerated to catch back up to traffic.
15:39
It was all moving quick. And I didn't mean to do it
15:41
aggressively or anything. OK, but.
15:44
So you weren't drag racing? No, no.
15:47
OK, well, make make sure you don't do that because that's
15:49
actually a front. Mr. Neshwaite Court has zero
15:54
idea what your driving record looks like.
15:55
How long have you been driving? I've been driving since I turned
15:58
16, so like September 29 three I think.
16:05
Good for you. Thank you.
16:06
Officer Francis, what would you like to share?
16:09
Yeah. And I'd like to make a motion to
16:11
amend this to impeding traffic. OK, competing traffic, Mr.
16:14
Nesmit is a 0 point violation will not appear on your master
16:19
driving record permanently. That's acceptable to you?
16:24
Yes, Governor. Very well.
16:25
So your plea to violation basic speed law subsumes A plea to
16:31
impeding traffic. The fine is $175 pay.
16:35
Go through the pay portal on the 44th Distant Court website only.
16:38
You can walk the cash checker charge into this port at 400 E
16:42
11 Mile Rd. Monday through Friday between
16:44
8:30 and 4:30 and that is going to be due within 14 days that
16:49
complete your hearing. Good luck to you.
16:51
Thank you and have a good one. You as well.
16:55
The court falls 26 RO 01599 and M 0261218, people versus
17:04
Crawford and people versus Kennon, respectively.
17:07
These matters were set for 8:30 with Officer Francis.
17:10
It is now nearly 9:00. Neither party has made their
17:14
presence known to the court, so the court will mark these as
17:18
failures to appear and defaults will enter.
17:23
And Officer Francis, I believe that would complete your
17:26
business throughout the morning. All right.
17:28
Thanks, Sharon. Have a good day.
17:29
You as well, Sir. Thank you.
17:32
All righty friends. Good morning once again, TCF
17:34
live. Good to have you here.
17:36
Let's go to Huron County. Judge Prill has a contestant.
17:41
Let's see what's going on with him.
17:43
Number 267450 at age time and ASAP for Raymond to show this
17:48
present represented by attorney Michael A Roski.
17:50
People are represented by prosecuting attorney Timothy J
17:54
Pouski. Mr. Roski if you received a copy
17:56
of the information that's been filed in this case.
17:58
If you and you're complying any opportunity to review it and he
18:01
gave the meeting as well. Yes, Honor Mr. results and I did
18:04
review it and when we waited in the reading there out there
18:07
today. Thank you.
18:08
My understanding there may be a plea agreement, is that correct?
18:11
Yes, your Honor. Thank you, Mr. Schultz, please
18:14
raise your right here. Do you solemnly swear or affirm
18:17
that the testimony you're about to give in this case is the
18:19
truth, the whole truth, Nothing but the truth.
18:20
So help it got. Mr. Murkowski, would you please
18:24
state the terms of the plea agreement on the yes, Your
18:26
Honor, Mr. Schultz, that he's paid all?
18:28
The restitution back to the victim.
18:29
Including the toll and storage fee, people would agree to a one
18:32
year delay of. Sentence.
18:34
The defendant successfully completes that delay of sentence
18:37
term. The conviction would enter a
18:38
larceny 200 to 1000. One year, Mr. Morosky, is that
18:42
your understanding of the plea offer?
18:44
It is. Mr. Schultz, did you hear the
18:46
terms of the plea offer outlined just a moment ago and that's
18:49
your understanding? Do you wish to accept that
18:51
offer? Are there any other terms of
18:53
this plea offer that we've not covered on the record?
18:56
I. Have a way of your honor, Mr.
18:58
Morosky? I agree.
18:59
It's for custom. It's a no.
19:00
Contest plea to your Honor. Thank you.
19:02
Appreciate that. No contest plea.
19:03
All right. Mr. Schultz, have you had
19:06
sufficient time to speak with your attorney about this?
19:09
Do you need any additional time to speak with Mr. Prosky?
19:12
You know anything affecting your mind or brain making it
19:15
difficult to make important decisions?
19:17
Do you have a clear mind in the information?
19:20
You were charged with false pretenses $1000 or more, but
19:23
less than $20,000. That is a felony carrying a
19:26
maximum prison sentence for five years and or a fined of $10,000.
19:31
Do you understand the charge of maximum sentence Very well?
19:35
Understanding that, then, Mr. Moroski, how did your client
19:38
plead to the charge of false pretenses, $1000 or more or less
19:42
than $20,000 on or about November 3rd, 2025?
19:46
Lake Township, Your own county, Michigan, No.
19:48
Contest, your honor. Reason for the no contest?
19:50
That's a civil liability. Any objections?
19:53
No objection. That is a proper basis.
19:55
You can see see. In that fashion, Mr. Schultz of
19:58
court, is the receipt of an advisive rights form.
20:00
Did you sign this document, Sir? Now, before signing it, did you
20:04
read it over? Did you also go over it with Mr.
20:07
Moroski? Yes.
20:08
Do you understand the rights on the form?
20:10
Yes. By pleading no contest, you're
20:12
giving up those rights. Yes Sir, it means you will not
20:15
have a trial of any kind or have any opportunity whatsoever if
20:18
you get your guilt and no contest please tantamount to you
20:21
admitting your guilt and all that remains after today will be
20:23
for you to sentence. If this plea is accepted, you'll
20:28
be giving up any claim that this plea is the result of any
20:30
promises or threats not disclosed to this court during
20:33
this plea proceeding. You'll also be giving up any
20:35
claim that's plea is not of your own free choice that's.
20:37
All right. That's OK, We can do it again by
20:40
pleading no contest. You will not have but let me let
20:44
me back up. You'll be giving up any claim
20:46
that was pleased result of promises or threats not
20:49
disclosed of this court during this plea procedure.
20:51
You understand that? Yes, your honor, you'll also be
20:53
giving up any claims pleased not of your own free choice.
20:55
So in other words, if you came back later and said, judge, I
20:58
had I had no choice. I had to do this, I was forced
21:01
to do this. Now is the time to tell the I
21:04
understand. All right.
21:06
Other than the terms of the plea agreement outlined on the
21:08
record, has anyone promised me such as leniency to give you a
21:11
plea? No contest.
21:12
No. You understand that no one can
21:14
make any promises from the courts to how the court will
21:16
dispose of this case. That is no one you promised.
21:18
Court will be. Easy on you in the public
21:21
sentence? Do you understand that?
21:23
Does anyone promised the court would be easy on you?
21:26
All right, Does anyone threaten you to enter?
21:28
This court. No, you're not for your own free
21:30
choice. Court costs are doing payable at
21:33
the time of sentencing unless there's good costs shown.
21:35
Are you aware of that and that you're subject to a 20% leak
21:38
penalty for any unpaid court costs?
21:40
Do 50-6 days follow your conviction and sentence.
21:44
Finally, if you're please accepted, you may be giving up
21:47
the right to appeal issues that would otherwise be appealable if
21:50
you were convicted at a trial. Are there any appeal from the
21:53
conviction and sentence pursuant to this matter?
21:56
That is will be by application for leave and not by right.
22:02
Understand that again, Mr. Schultz, any question regarding
22:05
any any of your rights? No.
22:07
You have any questions to Mr. Moroz, Mr. Murkowski, would you
22:12
present? Yes, you're right.
22:19
Any objection people propose one no, you're right people propose
22:23
1 is Huron County Sheriff's Department Incident report 25
22:26
thousand 9690 the court will review Mr. Murkowski wherever he
22:33
promises spreads are reduced the.
22:35
Other one has been. Described.
22:36
No, you're right. Has the court comply with the
22:40
court will concern please Mr. Wikowski?
22:42
It has, your honor. Mr. Schultz, there's no
22:45
agreement made by this court concerning the plea with the
22:47
final result. Is that accurate, Roski?
22:50
You. I agree.
22:51
Mr. Wikowski. Yes, Sir, the.
22:52
Court will accept. The plea, it's done freely and
22:54
voluntary in understanding a sufficient factual basis, has
22:57
been provided by People's exhibit #1 but please accept it.
23:01
We will Schedule 7 to the court check.
23:03
Your team direct. Roski.
23:05
We will be available. In Sentencing July 13, 2026 at
23:08
9:00 AM. Prior to sentencing before this
23:10
whole room, a Presets Investigation report to be
23:13
prepared, provided in both Council and the court at least
23:16
two days prior to sentencing. Sentencing guidelines shall be
23:19
scored 14 days prior to sentencing.
23:21
Provided to counsel. Any objections of the scoring of
23:23
the guidelines has been filed in writing.
23:25
The court no later than 7 days for sentencing as well as no
23:29
probation department. Mr. Schultz must appear in the
23:32
court over the time of sentencing.
23:33
If there's any supporting documentation that may be
23:35
submitted to the court no later than 7 days of sentencing.
23:39
Any objection or responsibility filed 3 days thereafter.
23:42
Bonds was set 3500 dollars 10% that's been posted.
23:46
Mr. Murkowski, your position on Bonsor?
23:49
No objection. Continuing bond, Thank.
23:51
You, Mr. Ross, we ask that bond be continued.
23:53
Bond. Will continue to as previously.
23:55
Said show us that'll be open on the right Army approach, yes.
24:02
All righty, everybody. Good morning once again.
24:04
Good to have you all here with me on our journey through
24:07
Courtlandia. Let's go to, let's go to
24:10
Crawford County. We'll say good morning to Judge
24:13
Colin Hunter. You were picked up on that bench
24:16
warrant. I issued an order remanding you
24:18
to jail until I could schedule this hearing for today.
24:21
Since you've been in the jail, have you been able to maintain
24:23
contact with Mr. Thompson? I.
24:25
Haven't seen them since last court date so there would be a
24:29
no. Mr. Thompson, were you aware
24:32
that Mister Colvin was locked? Yes.
24:34
I I don't. Agree that I haven't.
24:35
Seen him since the last court date?
24:37
When did you last see him? I don't know that I have.
24:42
The date your, your Honor. But I definitely saw him on the
24:45
Zoom system since he's been relied and I want to say three
24:48
times, I believe I saw him in person at least once.
24:52
I've sent him two separate letters, three separate letters.
24:55
Mr. Colvin, did you wish to respond to that?
24:58
I haven't seen them since our last.
24:59
Court date. I don't find your suggestions
25:02
very believable, Mr. Coleman. And the reason I say that is a
25:04
combination of a ton of different factors.
25:07
Number one is this case started in July of 2025.
25:11
There has been nothing but difficulties between you and the
25:14
court and more specifically between what you have done or
25:17
not done with respect to court orders.
25:19
There's been issues with drug tests.
25:21
There's been issues with failure to appear.
25:23
Most recently in February, I had a court hearing where you told
25:25
me you wanted to hire a new council.
25:27
I told you I'd give you a month to do that.
25:29
I set a new hearing in March and you failed to appear.
25:32
Even after you failed to appear on a bench warrant was issued.
25:35
It took nearly a month before officers were able to locate
25:38
you. You've been in the Crawford
25:40
County Jail. By my order that I signed, you
25:43
were remanding the jail on February, excuse me, March 26th.
25:47
That means 8 days short of two months you've been in the
25:51
Crawford County Jail. You said you haven't seen your
25:54
attorney or talked to him since the last court date.
25:57
I don't find that particularly credible, especially with
26:00
balance against Mr. Thompson's assertion on the open court
26:02
record as an officer of the court that he's sent letters to
26:06
you, he's met with you in person, and he's met with you
26:09
via Zoom, all since you've been lodged into jail.
26:12
So to the extent your claim, if you haven't talked to your
26:14
attorney, I lay that blame at the feet of the person who it
26:17
appears most likely to be at logistically, legally and
26:21
factually, and that's you. So it's unfortunate that you've
26:24
not maintained contact with Mr. Thompson, but it's a court's
26:26
strong view that that's a plan by you.
26:29
It's an assertion, a reassertion of the statements that you made
26:32
before, which is you were planning on hiring new counsel.
26:34
And it's the court's sense that your hope is I'll simply adjourn
26:37
and not do anything since you haven't done anything to be able
26:41
to be prepared. But the court does not choose to
26:43
grant that request, whether it's made expressly or implicitly.
26:47
I'm going to set all these matters for trial, and I don't
26:49
intend on having any additional hearings.
26:51
I'm going to hear from the attorneys which case needs to be
26:53
set first. But the time has come and passed
26:56
for any further discussions. This case is almost a year old
26:59
oldest and you've continually been again problematic during
27:02
the bond time. So.
27:04
No bond is going to be issued and the case is going to be set
27:06
for trial. Miss Cole, from the people's
27:08
standpoint, which case should be calendar 1st for trial?
27:12
I think it's. Oldest.
27:14
Mr. Goldman, did you wish to make a statement?
27:16
I had planned on accepting the plea that was offered, like I
27:20
said. Mr. Goldman, if you've not even
27:23
talked to your attorney. He told me the plea that was on
27:26
the table the morning of our the last time he came and saw me.
27:32
That was right before we went and had it.
27:34
And you adjourned it because of all, what do you call it, the
27:38
things that were happening outside, the storms and
27:41
everything. So we adjourned it that day for
27:44
another month. You pushed it out and he told me
27:45
what the offer was. He came and seen me a week
27:48
before the last court date. That's the last time I've seen
27:53
it. Mr. Thompson, did you want to
27:55
state for the record the most recent plea offer that you're
27:58
aware of? Yes, I'll put the record on your
28:00
Honor. So in 5448, which is the oldest
28:03
file, that file would be dismissed if Mr. Coleman accept
28:06
the global offer. I'm sorry, 54448 so 5527 be a
28:13
guilty plea to count one that's delivery or manufacturer of
28:17
methamphetamine, dismiss all the additional counts and dismiss
28:20
the habitual offender status in 5528.
28:25
Likewise guilty to count 1, which is Blurstein building and
28:30
then dismiss all the habitual offender enhancements.
28:35
Mr. Coleman, is that the plea offer that you were aware of and
28:38
that you were just bringing up? Yes, sure.
28:42
And should the court decide to go forward with it, is that your
28:44
plan is that you wanted to take advantage of those plea offers?
28:47
Yes. So if this matter is somewhat, I
28:51
think up to the court as well as the prosecutor.
28:53
And I say that because I said if we cut off, did the people wish
28:56
to be aired on whether or not I should allow a plea to be
28:58
accepted on today's date? He tried to enter a plea last
29:02
time and there was some confusion, so we had to adjourn
29:04
it. It was a question about what the
29:06
actual plea was. So the plea is it's peewood
29:11
meth, which which is the same as delivery manufacturer meth and
29:14
there was some confusion about that.
29:16
So I would think the court should probably accept the plea
29:18
because we we had to adjourn it because of the confusion.
29:21
Mr. Coven, did you want to enter a guilty plea under the terms
29:24
that your attorney just outlined?
29:25
Yes. Raise your right hand, please.
29:28
You solemnly swear or affirm that the testimony you're about
29:30
to revive is the truth, the whole truth, and nothing but the
29:32
truth. Yes, Mr. Coven, this plea
29:35
involves 3 different files. One of the files, the one that
29:38
originated back in, at least for this court's date, that in July
29:42
of 2025 would be dismissed. Are you aware of that?
29:46
Yes. So that would be the charges of
29:48
possession of methamphetamine as a habitual third operating while
29:51
sublicensed, suspended in open container of alcohol in a motor
29:53
vehicle. Those would all be dismissed.
29:55
Do you understand that benefit? Yes.
29:59
In the second file, which is 26-5527 FH, you would be
30:03
pleading guilty to Count 1, which is entitled controlled
30:05
substance possessing with intent to deliver methamphetamine.
30:08
Are you aware of that? Yes.
30:11
Possession with intended to deliver methamphetamine is a
30:13
felony offense and the maximum punishment for that felony
30:16
offense is up to 20 years in the state prison system and or a
30:18
fine of up to $25,000. Are you?
30:21
Are you aware of that? Yes.
30:24
In that particular file, the prosecutor would then dismiss
30:26
all of the other charges and the enhancements.
30:28
So the habitual offender third offense notice would be
30:31
dismissed, so would weapons carrying concealed, and so would
30:33
the driving license suspended charge.
30:35
Are you aware? Of the benefit of having those
30:36
other matters dismissed. Yes.
30:40
And filed 26-9528 FH. The prosecutor would offer that
30:44
if you plead guilty to count 1 larceny in a building, she would
30:47
then dismiss the habitual offender.
30:49
Third offense notice. Are you aware of the benefit?
30:51
Of the plea. Yes.
30:53
Larceny in a building is a felony offense.
30:55
The maximum punishment for that felony offense is up to four
30:58
years in the state prison system and or a fine of up to $5000.
31:01
Are you aware of that? Yes, if the court determines
31:05
that you were on felony bond when you committed a new felony,
31:08
then the court would have its discretion empowered to sentence
31:11
you consecutively. Do you understand what
31:13
consecutive sentencing would mean?
31:15
Yes. If you were on parole when you
31:17
committed a new felony offense, then there's mandatory
31:19
consecutive sentencing. Are you aware of that?
31:22
Yes. So do you understand the maximum
31:25
penalties both for possession with intent to deliver
31:27
methamphetamine as well as larceny in the building?
31:29
Yes, we understand the benefit of the plea agreement across all
31:33
of these three files. Yes.
31:36
As to the offense of possession with intent to deliver
31:38
methamphetamine, how do you plead?
31:40
Guilty. As to the offense of larceny in
31:43
the building, how do you plead? Guilty.
31:46
If you plead guilty, you no longer have any automatic appeal
31:49
rights. Instead, your appeal rights are
31:50
limited. You would have to ask the Court
31:51
of Appeals for leave to appeal. Are you aware of that?
31:55
Yes, if you plead guilty, you give up all your trial rights.
31:58
Are you aware of that? Yes.
32:01
Trial rights include the right to be tried by a jury of your
32:03
peers, the right to be presumed innocent until you're proven
32:05
guilty, and the right to have the prosecutor.
32:07
Or the burden of. Proving your guilt beyond a
32:09
reasonable doubt at your trial. You would have the right to have
32:12
the witnesses against you appear and to see here and question
32:14
them. And you'd have the right to have
32:15
the court order any witnesses on your behalf to be ordered to
32:18
appear at trial. You have a right to remain
32:20
silent during your trial and not have that silence used against
32:22
you. And you would have the right to
32:23
testify at trial if you wanted to.
32:25
But by pleading guilty, you waive and give up those rights.
32:28
Are you aware of that? Yes.
32:30
Because you're giving up the right to trial itself, you also
32:33
necessarily give up the right to challenge other things that you
32:35
might have been able to challenge if there was a trial.
32:38
Are you aware of that? Yes.
32:40
Outside of the plea agreement, has anyone promised you anything
32:43
to get you to plead guilty? No has.
32:46
Anyone threatened you in any way to make you feel like you have
32:48
to plead guilty? No.
32:50
Are you pleading guilty freely and voluntarily?
32:54
Yes. Is it your own choice to plead
32:56
guilty? Yes.
32:58
Prosecutor claims with respect to the possession with an
33:00
attempt to deliver methamphetamine charge if that
33:03
happened on or about November 13th of 2025 here in Crawford
33:07
County First, do you think that date is accurate?
33:09
Yes, on November 13th of 2025. Were you present to Crawford
33:14
County? Yes.
33:16
Did you possess the controlled substance methamphetamine?
33:19
Yes. Did you know it was?
33:21
Methamphetamine. Yes.
33:24
And did you intend? To deliver it to someone.
33:26
Else, it's not a complicated question, Mr. Colvin, given that
33:31
you offered to plead guilty to possession with intent to
33:34
deliver. So I'll ask it again and I'll
33:36
slow down. Did you possess method?
33:38
But I mean on November 13th of 2025 in Crawford County.
33:42
Yes. Did you intend to deliver it to
33:45
someone else? No.
33:47
And how would I possibly find you guilty by way of a plea?
33:50
Because that was a plea that was offered.
33:52
I would find you guilty because. The prosecutor offered a.
33:55
Plea and not because of what you tell me.
33:56
Is that your intention? That's what's being offered now.
34:00
It's the best deal on the table for me, Your Honor.
34:02
Mr. Colvin, I have every reason to believe that you're being a
34:05
difficult time purpose. I'm not going to be difficult
34:09
time purpose. This is a simple process.
34:11
You told me you wanted to plead guilty, and now you're telling
34:14
me you're not guilty. Last chance.
34:17
If you want to plead guilty only because you are guilty
34:19
otherwise, I'm going to set the matters for trial.
34:21
It does not matter to me how the case resolves.
34:24
It does matter to me that it resolves, though, and it's going
34:27
to be resolved either by trial or by plea if you tell me you're
34:30
guilty, but only by plea if you tell me you're guilty.
34:33
Otherwise, I am statutorily and constitutionally prohibited from
34:36
accepting A plea. So you get to determine how we
34:39
proceed next. I can only accept the plea if
34:42
you tell me you're guilty of what you're telling me that
34:43
you're guilty of. Yes, sure.
34:46
Yes, what? Yes, I'm guilty.
34:49
Did you possess methamphetamine on November 13th of 2025 in
34:53
Crawford County? Yes.
34:56
When you possessed it, did you intend to deliver it to someone
34:58
else? Yes.
35:00
Is there any question in your mind about that?
35:03
Are you sure? Yes.
35:06
Is it also accurate that on January 5th of 2026 you were
35:10
presence in Crawford County? Yes.
35:14
On that date, did you steal Apple I Apple iPhone 14 from the
35:18
building? Yes.
35:20
And when I say steal, I mean you didn't have any legal authority
35:23
to take it and you did take it. Is that accurate?
35:26
Yes. Counsel, is there an adequate
35:27
factual basis? Yes.
35:30
Yes, Your Honor, do the attorneys believe the court is
35:32
applied with the courtroom regarding the taking the police?
35:35
Yes, your Honor. Yes, Your Honor, are either one
35:37
of the attorneys aware of any promises, threats or inducing?
35:39
It's not necessarily the record. No, yeah, no, yeah.
35:43
Mr. Golden, I accept your pleas. I find them to be freely,
35:45
knowingly and voluntarily given and there's a clear factual
35:48
basis now for me to accept the finding of guilt as to each
35:51
count and I will accept those pleas.
35:53
The next step is the Department of Corrections is going to reach
35:55
out to you while you're there in the jail and they're going to
35:57
interview you. An interview will result in
35:59
what's called a pre sentence investigative report that will
36:01
tell me more about you and more about these events and then I'll
36:04
impose sentence. The sentencing hearing will be
36:06
in person and you'll get a notice for that in person
36:08
proceeding very soon. That will be here in the
36:11
Crawford County Court. Everybody will be present in
36:13
person. Do you have any questions about
36:15
any of that? Do you have anything for there
36:20
nothing for there for today's record your.
36:23
Honor, thanks. That's all for today.
36:26
Thank you, Mr. Coleman. Is he actually guilty?
36:33
Very good question. Now that was murky and muddy and
36:36
messy. Good morning once again,
36:38
everybody. It is TCF LIVE.
36:40
Let's head back to the Thumb and Judge Prill.
36:43
Interestingly enough, this new contestant seems to have shopped
36:47
off the exact same Walmart rack as his previous contestant.
36:53
They're dressed pretty much exactly the same.
36:57
Time of day except. The defendant.
36:59
Sentencing This defender is present, represented by Attorney
37:01
Kyle T O'meara People are represented by Prosecuting
37:04
Attorney Timothy K Burkowski. Back on March 23rd of this year,
37:09
the defendant had pled no contest.
37:11
The Operating While intoxicated third fence preset report has
37:14
been prepared by Miss Karen Karen Everlyn dated May 5th,
37:18
2026. Mr. Romero, you and your client
37:21
had the opportunity to review the precept.
37:23
Yes, Sir. Any additions, deletions,
37:25
corrections, objections? No, none, Your Honor.
37:28
Any to the guidelines, Sir. Do you agree with that?
37:32
Yes, Sir. Mr. Wirkowski, any objections to
37:34
the report as well as guidelines?
37:38
Mr. Mayor, anything you'd like to stay on behalf of the
37:40
defendant before the court opposed the sentence?
37:42
Yes, Your Honor, as indicated in the report, this is a true third
37:46
offense of no. I believe Mr. Bender's most
37:51
recent conviction was nearly 12 years ago, so it's been some
37:55
time. He did previously participate in
37:58
a successful Fleet Sprite court program.
38:01
Mr. Bender reports extended periods of sobriety.
38:08
He acknowledges he has a problem with question as to whether or
38:11
not you can return to using alcohol or not.
38:14
Unfortunately, in this circumstance, your honor,
38:16
there's really been a lot of unfortunate circumstances kind
38:20
of piling up in Mr. Bender's life.
38:24
He details A wish for for his privacy.
38:27
He's as to not the court, but unfortunately those things
38:33
really kind of snowballed and he made the poor decisions to to I
38:37
can cope with that self Medicaid with alcohol.
38:42
I'm really pretty confident that Mister Bender is going to be
38:44
well on probation. He's respectful, works hard,
38:49
he's disciplined, he's pleasant to to deal with.
38:54
I think this was truly a circumstance with someone fell
39:00
off the wagon as it were and unfortunately now he's he's got
39:05
to deal with the concept of that decision.
39:06
Mr. Vendor is namely employees got a history of being for
39:09
employment. I reviewed the recommendation
39:12
reviewed with my client. I think that it's fair I support
39:16
to hold in advance any period of incarceration is permissible by
39:21
law. Also, your Honor, in light of
39:24
the extended amount of time since Mr. Bender's last
39:28
conviction, I have support to consider last standard, three
39:31
years of supervision. I propose 2 years.
39:34
I really think Mr. Bender's done very well On bond again,
39:37
previously compliant with Friday Court.
39:40
I don't think he's going to. Give the court of the department
39:43
any issues so I'd ask for the court to take that into consider
39:46
it. Thank you.
39:47
Did your client wish to address the court letter The no contest
39:51
I'd just. Like to say that?
39:53
High motion. There's a stupid choice.
39:55
I'm not going to stay here and make excuses.
39:57
I. Know what I did?
39:58
Was ignorant. It was kind of a one off just
40:02
it's that high motion and active updated 1st and very high cost
40:07
and make sure that we. Agree with Mr. O'mara's
40:13
assessment, I mean, Mr. Bender successfully completed TRSC.
40:17
We've had no issues while he's been out on bond.
40:19
So based on that, we asked to consider the recommendation.
40:24
Sorry, I forgot that's all Mr. Bender has.
40:28
He's had some some medical issues again that I won't go
40:31
into the details of. He had an appointment scheduled
40:34
for tomorrow that he was rescheduled in light of the
40:36
recommendation here today. But I would ask, first of all,
40:40
the court specifically allow work release and then Mr. Benner
40:43
be permitted to report to the jail in order to do so tomorrow
40:47
at 6:00 PM so they can make final arrangements.
40:49
For work release I have a. Question though.
40:53
For the probation department, there was a recommendation for
40:56
jail time, but a lot of it deferred.
40:58
Was there any explanation for that?
41:01
No. Well, it's a true third.
41:03
There's no question about that prior conviction for 2013,
41:08
defendant served seven days in the county jail for an impaired
41:11
driving 2014 second offense, 150 days in the jail with sobriety
41:17
court and placed on probation successfully completed the
41:19
program, which is significant for whatever reason, high stress
41:26
situations, whatever it may be, The defendant comes before the
41:28
court on a truth third drinking and driving.
41:31
And obviously we hope that sobriety court would be the fall
41:35
back, say, hey, look should be doing this.
41:38
However, defendant was operating a motor view and there was a
41:43
situation where an ambulance was involved and not that there was
41:48
any damage or anything like that, but people could have been
41:51
put in the harm's way. On top of that, the defendant's
41:54
blood alcohol content is a .243 times the legal limit.
41:59
And there's no justification or excuse for that.
42:02
Now understand, and it's really easy to say back here on the
42:05
bench, but it's one thing to operate or you should say one
42:10
thing to consume alcohol. We have substance use disorder,
42:13
tissues rampant in this country, in this world.
42:17
But when you make the conscious decision to get behind the wheel
42:22
of a motor vehicle with that blood alcohol time, no business
42:25
on the roadster and you have to be held accountable for that.
42:29
I wasn't, frankly, the court wasn't too hip on this idea of
42:34
deferring jail time because clearly vendors should have
42:39
known best, even though it was 10 years ago, more than 10 years
42:43
ago, frankly. But considering the present
42:48
report and every present report is unique.
42:52
It's not cookie cutter boilerplate language.
42:55
They just, they plot facts in and all that.
42:57
They're tailored to each and every individual.
43:00
And even though I I have no explanation as to why the
43:03
recommendation is as it is, I think I'm getting it filtered
43:06
through here from council, both council frankly giving the court
43:10
an understanding of what's going on here.
43:13
But Mr. Bender, you come before this court or any court again on
43:16
a life charge. Don't worry about probation.
43:20
You know better, Sir, will be the sentence.
43:23
This court is going to be placed on the term of probation for
43:27
three years. Your your attorneys asked for
43:30
two, but in light of the jail recommendation, I think it's
43:34
appropriate. The idea here is to have a total
43:37
line during this time period which includes standard
43:40
conditions not to violate any criminal law from either
43:42
government not to leave the state of Michigan without prior
43:45
approval. Support notifying the probation
43:48
agent lease monthly or such times and places the agent be
43:50
required. No use of possession of
43:52
alcoholic beverages or other toxicants or entering bars or
43:55
other places where the primary purpose is to serve alcohol for
43:59
consumption on the premises. There are no substance abuse
44:03
related issues other than alcohol, so I give you credit
44:06
for that. However, you're complying with
44:09
all the requirements of alcohol. Testing is directed by the field
44:12
agent not to submit any fraudulent or adulterated
44:15
samples for testing or hinder or struck, tamper, otherwise
44:18
interfere with any of the testing procedures.
44:20
You are to complete a substance abuse assessment of patient or
44:24
residential substance abuse treatment as well.
44:27
If referred by the field agent, you're a waive confidentiality
44:30
logging treatment programs you're required to attend
44:33
disclose that information to the agent.
44:35
You will comply with DLC electronic monitoring program
44:39
480 hours of community service. If three years to do it, we need
44:44
to get it done. No assault or abusive,
44:46
threatening or intimidating behavior.
44:48
Not to engage in any verbal, written, electronic, physical
44:51
contact with anyone involved within an MDOC facility, nor the
44:55
same type of interaction with anyone engaging in the behavior
44:58
that constitutes a violation of any criminal law by the
45:01
government. You must not use any object as a
45:04
weapon. You're a convicted felon.
45:08
You can't have own use under your control area control weapon
45:13
of any type Cannot possess an invitation weapon.
45:15
Can't be around anyone that possesses those items.
45:18
You're to contact the supervisor field agent no later the first
45:21
business day follow your release from jail replacement on
45:24
probation. All written and verbal orders
45:26
need to be complied with. You were to allow the field
45:28
agent to your residence of any type of probation supervision
45:32
where you're subject to a search of your personal property,
45:34
including but not limited to your home, vehicle or computer
45:37
without the need of a warrant. If the agent is reasonable cause
45:40
you items that violate the terms of your probation.
45:42
Any arrests, please contact loss of employment or change of
45:45
residence must be reported to the probation officer within 24
45:48
hours. You are not to operate a motor
45:50
vehicle. Secretary of State will take
45:52
appropriate license sanctions. You are employed.
45:55
However, the standard employment requirements as well.
46:01
Crime Victims assessment of $130.00 will get a due date here
46:05
momentarily. Probation supervision fee $30.00
46:08
per month. Regular 60 electronic core cost
46:11
of $200, payable at the rate of $20.00 a month.
46:14
A fine of $500 payable at the rate of $30.00 a month.
46:18
DNA testing fee of $60.00 sixty $8 the same cost.
46:22
Probation is authorized and empowered under statute to
46:25
affect your apprehension, detention and confinement above
46:28
the 72 hours on a reasonable cause you of items that violate
46:30
the terms of your probation if referred to or to successfully
46:34
complete any PA 511 programming based upon eligibility.
46:38
The guideline range here is 0 to 9 months.
46:40
It will be the sets of this court.
46:41
These are 270 days in the county jail, Thirty of which would be
46:45
upfront. The remaining deferred with
46:47
credit for one day served so be 29 days.
46:51
We'll give you the credit upfront.
46:53
You can report to the county jail actually this Friday.
46:57
What time do you get off work? Where?
47:00
Where you work? National but where near the
47:04
backs, yes. Go over by a case.
47:07
So thank. You OK?
47:08
I know the business, but do you know where you'd be sitting
47:11
there working regularly around tension case for like it's
47:14
changing? Can you be at the jail by?
47:16
Seven Yes 7. PM Your report to the jail is
47:20
Friday. To begin your.
47:21
Sentence can I report tomorrow? Instead of Friday.
47:23
Would you rather tomorrow? It is 6:00 PM tomorrow.
47:30
Did you wait returning these? I am not.
47:34
Any other thing, Your Honor? Can we set a due date that the
47:36
community service has to be completed by so we don't run
47:40
into issues like we have been? So a recommendation by the
47:44
prosecutor's office need that suggestion.
47:46
Do you have a? Suggestion regarding the date,
47:49
usually something like that, probably about 18 months.
47:52
Your Honor, I, I'd ask you instead of a, we're talking a
47:56
three-year probationary term. I don't think it's appropriate
47:58
for the court to to require the entire balance that would be
48:02
done in 18 months. Instead I'd ask for some
48:06
benchmark, perhaps half of that time to be completed by a year
48:10
and a half. Yes.
48:11
Or if we could do it a year. Let's see if we're just.
48:14
Doing a benchmark Benchmark in a year to go back to see.
48:16
Where we're at? That's not a bad idea either.
48:18
Any problem with that? So we'll add to the probation
48:24
basically a status review from the probation officer to see how
48:26
we're doing regarding your community service.
48:30
And if it requires a review hearing, so be it.
48:32
We'll have a review here just. Take that in one year can you do
48:35
service? I would say at least half.
48:38
So. Here here.
48:40
We'll do a review in one year. Yeah, informal review.
48:45
It won't be on the record. Just say to review probation
48:47
within one year, or I should say community service within one
48:51
year. Or it.
48:54
Is July 13 July 13 Court costs are due subject to the 20%
49:00
administration. It's my duty to inform the
49:02
defendant he has right to seek leave to appeal if he's
49:04
financially enabled to provide counselors choice Court will
49:08
assign council form the public expenses to initially receipt
49:11
question, therefore requesting the assignment of council, both
49:14
of which must be executed underoath and filed with the
49:16
Clerk of the Court within 42. Days.
49:33
Good. Morning once again, everybody.
49:38
It's a Monday here at TCF Live. So real quick in the chat, CMS
49:44
or no? Excuse me, not CMS Joe, Joe
49:47
Sears, good morning to you, Sir. Talking about how in his opinion
49:52
a first offence for DUI should be automatic prison.
49:55
That's one of the things we debate a lot here on this
49:57
channel is DUI and how to handle it and what not.
50:01
I come down personally on the side of if there's no injury,
50:05
there's no accident, that first one should probably be a go
50:10
light but be scary kind of situation.
50:13
So I don't personally think it would need prison or jail time,
50:17
but some hefty fines may be a suspension of driving privileges
50:20
for six months, something like that.
50:23
And my reasoning for that is every one of us at some point
50:27
has gone to a restaurant, for example, for an anniversary or
50:32
whatever, We have two glasses of wine, we think we're fine, and
50:38
then we go and drive. Now some of us will get pulled
50:42
over and you'll blow like a point O 9 or something like
50:46
that. You feel like you're in control.
50:48
You probably are, but you just like barely over.
50:52
You were out celebrating and something bad happens.
50:55
Does that mean it was a good choice for you to do that and
50:57
then go drive? No, but it's something that's
51:00
common. So I'm personally of the opinion
51:02
that that first one, if there's no injury, no accident, should
51:05
be a little bit of a warning with like scary kind of warning
51:10
type of thing. But we definitely debate that
51:13
here. So I welcome your views and good
51:16
to have you because I don't think we've seen you here before
51:18
or if you have, you've been quiet.
51:19
So thank you, Joe, for joining us.
51:21
Let's go to it's kind of Florida.
51:26
Looks like Wade Mercer's got stuff going.
51:29
Diaz soy giordani Ricardo interpreter para ques E pueda
51:32
comunicar con El ques say you can hear me.
51:38
Thank you, Mr. Gonzalez. You will first appear this
51:40
weekend for two new charges. Senor Gonzalez tuba la
51:43
comparescencia nissi El este fin de semana por dos cargos nuevos.
51:47
You're being brought back up this morning to make you aware
51:50
that the United States Immigration Service has placed
51:52
a. Detainer on you.
52:01
This doesn't change the bond that you were set this weekend.
52:03
You still have the right to post that bond.
52:06
Eston no cambia la fianza que Le Figaro Durant El finde semana
52:09
siger de niendo de recho A fijares afian.
52:13
But if you post the bond, you will be picked up by the United
52:15
States Immigration Service within two days.
52:18
You will not be released. Pero si paga la fianza.
52:26
If you don't post the bond, you'll resolve our charges
52:28
first, then you'll go through the immigration process.
52:32
Y no paga la fianza entonces resolveria nuestros cargos
52:35
primero Y despues pasaria El proceso de immigration.
52:39
And what happens once you get to immigration custody?
52:42
I have no idea. They may hold you or they may
52:44
not. I don't know.
52:45
Y lo que passe una vez que yegue a la custodia de immigration do.
52:53
You have any questions? So it's best to pay the bond
53:02
then? No, I'm not saying that.
53:05
What I'm telling you is if you post the bond, you'll be cut.
53:08
Go to custody of the immigration service.
53:10
No, no, it's local estoy de siendo.
53:12
Local estoy de siendo ES Casey paga la fianza BA pasar bajo la
53:15
custodia del servicio de migration de Estados Unidos.
53:19
I want to talk to a lawyer about what you think is best for you.
53:22
You have any other questions, Pregunta?
53:37
I just wanted to ask if I if you could go ahead and deport.
53:40
Me. You don't have that option when
53:42
you have pending criminal charges in Florida.
53:45
No DNS option cuando DNS cargos penales pendientes in LA
53:49
Florida. That would be just ignoring the
53:51
allegation against you, and that's not going to happen
53:53
unless the state decides to do that.
53:56
ESO seria ignora Las a legaciones en SU Contra Y ESO
53:59
Nova pasara nocer que El estado lo decia.
54:02
Wish you the best, Sir. Mr. Ricardo.
54:06
I think that's the only one we had that needed your service, as
54:08
far as I know. Anything else today, Sir?
54:10
That's far. That's it as far as I know.
54:13
Your Honor, what were the charges on this defendant,
54:15
please? He was accused of two counts of
54:18
Luda lascivious conduct. It looks like Judge Garcia sent
54:22
him a bond of $50,000 each this weekend.
54:25
Very well. Thank you so much.
54:26
Your Honor. May I be excused?
54:28
Yes. Absolutely.
54:29
Have a good day, Sir. You too, your honor.
54:31
Mr. Matt Danny, we do not have any friends or family in the
54:33
courtroom. So we have Nathan Kroger next,
54:36
and I couldn't tell for sure because the way the first
54:38
appearance sheet is done, but it looks to me like he's just being
54:40
brought out to made aware of the purge from Brevard County.
54:43
Is that right? Yes, Sir.
54:46
So, Mr. Kroger, you were first here this weekend.
54:48
Looks like there's a purge from in Brevard County that that
54:51
someone didn't know about. They didn't know about.
54:53
You have a child support matter there with a $700.00 purge.
54:56
That's in addition to whatever you have locally.
54:58
Mr. Kroger, do you have any questions?
55:00
No, Sir all. Right, Sir.
55:02
I wish you the best. Yes, Sir.
55:04
Nicholas Kendall. What?
55:06
I'll just send him back. He's.
55:08
Not interested in any kind of police.
55:10
So as far as scheduling, he's already been set up after I just
55:14
had his bond revoked. As far as scheduling, what do
55:17
you want to do with him? Put him on the jail docket, Mr.
55:18
McDaniel. Yes.
55:21
Your Honor. OK.
55:22
And then the felony arraignment docket.
55:24
Yeah, he'll go on both. So we need to give Tyndall a
55:27
notice for both the felony docket and the misdemeanor
55:29
docket, which will be in June the 2nd and June 3rd.
55:32
Yes, June 2nd is misdemeanor, June 3rd is.
55:35
June 2nd is going to be felony. June 3rd was the moved up jail
55:38
date. Oh, June 3rd is the jail date,
55:40
and for misdemeanor, June 2nd is the arraignment date for the
55:44
felony. That one's at 8:30.
55:46
The misdemeanor dates of course, at 9:00.
55:48
Thank you. Your Honor, right quick.
55:49
I want to address this. I know the original motion I
55:52
filed to revoke his bond was just strictly based on contact
55:57
with the victim. Do you want me to send you a
55:58
proposed order or? No, I took that order this
56:01
morning and modified it OK to make it based upon the arrest
56:05
and I signed the order revoking bond because that's what I did
56:07
this weekend. It was signed this morning.
56:09
The church house may not have ported over yet.
56:12
I think. It was probably signed it, I was
56:14
probably here by 7, maybe before 7.
56:17
So did you get that? Did y'all get the e-mail on that
56:19
one while we're talking about it?
56:21
Yeah, Did you? Understand what I was saying, I
56:23
understand. I think if you attach a
56:25
complaint to it or if it's not a complaint, the sworn affidavit
56:28
is sufficient or you have testimony in court.
56:31
But if I'm wrong about that y'all let me know.
56:32
But I don't think you can revoke a bond just because an assertion
56:35
without something underoath. That's my understanding anyway.
56:38
I got you. I don't think I ever have
56:39
before. Mr. Adams is next.
56:42
A versus Curtis Adams. Mr. Adams, good morning.
56:44
You were working here this. Weekend.
56:46
Good morning. You were first here this weekend
56:47
for the charge of petty theft and the judge put a hold on you
56:50
for violation of probation potential.
56:53
So I'm going to appoint the public center's office to
56:54
represent you this morning only in the petty theft case and ask
56:57
that you listen to Mr. McDaniel. You know, I spoke to Mr. Adams.
57:00
He's going to approve no contest of the charges listed.
57:02
You understand? He'll be sentenced to 60 days in
57:04
the county jail, 2 days. Two days jail credits and a
57:13
$307.00 fine. I think $6.99 restitution or 599
57:20
I can't recall. You guys waived this right to
57:23
three trial and call. Witnesses and that'll resolve
57:25
this case today. Thank you.
57:29
And Mr. Mitchell's out of Riverwood State.
57:34
So you got 60 days jail, two days credit 370.
57:36
And how much restitution, Mr. Mitchell?
57:39
When I'm going to. Look back and see if I can find
57:41
OH. I got it right here, too.
57:43
It was $6.99, but it may have been about 9.
57:49
Suppose it's 690, nine, $6.99 restitution, it'll be a civil
57:53
judgment. Anything else, Mr. Mitchell?
57:56
No, you're. Right, Mr. Adam, I'm sorry.
57:58
But that is agreeable. Thank you, Mr. Adams.
58:01
Did you hear that agreement, Sir?
58:02
I did, Sir. Mr. Adams, is that the plea you
58:05
would like to enter? I I did but.
58:09
I did but. Can you honor a?
58:12
Real ask that this plea not be used against him in the
58:15
violation of state probation. He does have defenses to it and
58:17
I think he has a valid, you know, just.
58:20
Caused the. Flu.
58:21
So I mean I I mean that had to. Prove these allegations.
58:23
To violate this application and Mr. Adams, you got to be, you
58:27
got to be definitive. Do you want to enter this plea
58:29
or not? You kept saying I did, but do
58:32
you want to enter the plea? Well, yeah, see, I'm, I'm
58:35
concerned about I live here alone, all right, and I have no
58:39
family here. I have no friends here.
58:40
I'm here by myself. I'm I'm concerned about my
58:44
animals. I live by myself.
58:46
I don't have family here. You know, I'm, I was two weeks
58:51
from getting getting ready to get off on that, you know, be
58:55
away from this, you know, so that I can go back to, I'm got
58:58
to go back to Illinois, you know, so I'm not a flight risk.
59:03
I know that I just I'm more concerned about the animals in
59:07
my home and losing my home for the next 6.
59:11
Mr. Adams, you're a theft risk. Based upon your history, you
59:14
have multiple prior theft convictions and I believe that's
59:17
why the judge did what she did this weekend.
59:19
You have no bond. I have.
59:20
I'm not involved in that case at all.
59:22
Either you want to take care of this case today or you want to
59:26
wait and see what happens with violation of probation.
59:28
And I have no preference. But if you want to enter this
59:30
plea, you got to tell me that you want to do this.
59:32
Do you want to do this or not? And it doesn't matter to me at
59:35
all. Yes, Sir.
59:36
We'll just OK. Yes, Sir.
59:37
Alright. I'm gonna sceptically have no
59:39
contest to the charge of petty theft.
59:41
I'm going to adjudicate you guilty of that misdemeanor
59:44
offense. I'm going to send you to 60 days
59:45
in jail. And Mr. Mitchell, I didn't even
59:47
ask. Is that agreeable with the
59:48
state? Yes.
59:49
The state's agreeing to hell. This is a misdemeanor.
59:51
If you please. Today.
59:51
Yes. 60 days in jail. Give you credit for two days.
59:54
You've already served 370. Court costs and fines $6.99.
59:57
Restitution will be reduced to civil judgement.
59:59
As Mr. McDaniel said, part of this plea is a condition that
1:00:02
this plea will not be used against you to violate your
1:00:04
probation. Again, that does not prevent the
1:00:07
state from using the incident, but as Mr. McDaniel said, they
1:00:09
would have to call witnesses if they can't reach an agreement
1:00:11
otherwise and prove that you you did this intentionally.
1:00:15
So what you're doing today won't be used against you to violate
1:00:18
your probation. But they still may try to use
1:00:19
what allegedly happened this weekend.
1:00:21
Mr. Adams, there's no probation involved in this Senate.
1:00:24
You finish this sentence, you do with this case and I'll see you
1:00:26
in seven days. I know that's what Judge Garcia
1:00:29
held you for, to see if they've got a violation of probation.
1:00:33
Mr. Mitchell, please make sure the probation office is
1:00:35
notified. Mr. Adams, do you have any
1:00:36
questions, Sir? Do I have to pay the fines
1:00:40
immediately? I mean, the fine is the the fine
1:00:44
and court calls. You may get it.
1:00:45
You get a chance to work those off.
1:00:47
You can't work off the restitution under Florida law,
1:00:50
but you can work off the fines and court calls.
1:00:52
So hopefully you'll get in the trustee program, get the fines
1:00:54
and court calls worked off and not owe those at all.
1:00:57
And then all you owe is the $6.99 once you get out.
1:01:01
OK, OK. So.
1:01:03
I'll be here for about 45 days. At least depending on what
1:01:07
happens with the VOP. Yeah, you'll be there somewhere
1:01:10
in that neighborhood. Venema.
1:01:11
OK. OK.
1:01:12
Thank you very much. Have a good day, Sir.
1:01:14
Mr. McDaniel. That's.
1:01:16
I think everything else was took care of this weekend.
1:01:18
I don't think I need to see anybody else unless I miss
1:01:20
somebody. That's all.
1:01:23
Anything else from the public Center's office?
1:01:25
No, you aren't. Thank you.
1:01:27
Mr. Mitchell. Anything else to mistake, Miss
1:01:30
Williams, Miss? Anything?
1:01:32
Mr. Gibson. Thank you.
1:01:37
So Corporal or Officer Whittaker, whoever's still in
1:01:39
there, Sergeant. Not sure who's there?
1:01:42
Yes, Sir. Sergeant.
1:01:43
Mr. Tyndall. I have.
1:01:44
I don't do domestic violence injunctions normally, but Judge
1:01:47
Garcia has a conflict on Mr. Tyndall's case Wednesday.
1:01:49
Does she normally do those by video or does she normally have
1:01:53
them brought to the courthouse? My video here.
1:01:55
OK, what time is that? Usually she does them at 9.
1:01:59
I mean, we can do it whenever. Well, we got to do it whenever
1:02:02
they got it noticed for and so we've got people other people to
1:02:05
be here. So let me see if my tips on my
1:02:07
calendar. My calendar says 10:00.
1:02:10
That's. Possible, yeah.
1:02:13
They're usually 9:00 or 10:00 AM depending on.
1:02:15
The docket but. OK, let let me let's just double
1:02:18
check the check the clerk system because I don't want y'all
1:02:22
waiting an hour or me waiting an hour, says 26173.
1:02:28
Mr. McDaniel still in the room out there?
1:02:30
Yes, yeah, he is. I need I need him for.
1:02:35
All right, well, this is riveting to be sure, but let's
1:02:37
move on. The judge Prill seems to be
1:02:40
where it's at this morning. New contestant.
1:02:43
Let's go back there. People, State of Michigan versus
1:02:46
Frederick Arthur McCoy filed over 267426 FH.
1:02:51
It's time of day set for defendant sentencing.
1:02:53
Mr. McCoy is present, represented by attorney Michelle
1:02:55
R Siv. People are represented by
1:02:57
prosecuting attorney Timothy Jaber.
1:02:59
Counseling. Back on March 23rd of this year,
1:03:03
the defendant pled no contest to a lawfully driving away an
1:03:06
automobile. This Karen Everly prepared a
1:03:08
precept report dated May 13 of this year.
1:03:12
We say, have you, you and your client had the opportunity to
1:03:14
review the Precept? Yes, we are.
1:03:16
There any additions, deletions, corrections or objections to the
1:03:18
report No. Any objection of the guidelines?
1:03:22
Sir, do you agree with all that? Yes, sure.
1:03:23
Thank you. Mr. Murkowski, any objection to
1:03:26
the report below that? No, you're right.
1:03:29
Disable, let's say, behalf of the defendant before the court
1:03:32
imposed a second. Thank you.
1:03:34
I went over the recommendation with Mr. McCoy and.
1:03:38
I would. Ask the.
1:03:39
Court. To.
1:03:40
Consider the sentence to the lower end of the guideline range
1:03:45
is it was recommended that he served 300 point days in jail.
1:03:50
We do acknowledge the guidelines are at 7 to 34 months, so I
1:03:55
would have worked the court. Is there several factors.
1:03:59
I don't believe there have been any issues while Mr. McCoy has
1:04:01
been on bond. Mr. McCoy is.
1:04:05
He's not an employee, however, he does receive Social Security.
1:04:09
So I would ask the. Support to consider a possible
1:04:13
sentence of 30 days upfront and I would ask if any remaining
1:04:16
time to be held in abeyance and that is due to the fact that he
1:04:19
was most likely. To lose his social.
1:04:20
Security to be an incarcerated more than 30 days.
1:04:25
Also, Mr. McCoy does suffer from several mental health diagnosis,
1:04:31
as indicated in the report. He is being treated for those
1:04:35
through medication and he's been involved with therapy Real
1:04:38
health for the last. 10:50. Years.
1:04:41
I don't believe he would be able to receive that.
1:04:44
Same type of service if he is while incarcerated.
1:04:47
So I would ask. The court for that as well and
1:04:50
again to consider acceptance to lower end of the guideline
1:04:55
range. Does your client wish to address
1:04:57
the court lighter than no contest?
1:04:59
He does, yeah. Yes, your Honor, on December
1:05:03
31st. 1st. 2024 I was going through emotional drug that
1:05:08
caused me to have a severe mental health episode which made
1:05:11
me want to end my life the night this happened.
1:05:14
Still I don't recall this just walking outside, driving away
1:05:18
from home at all. I didn't realize until the next
1:05:21
state of strings that I took to end it all and it was at that
1:05:25
time I realized I didn't get help for my sickness.
1:05:28
I was taken to Harvard Beach Hospital where I underwent
1:05:31
psychiatric evaluation and then when I agreed to myself an
1:05:34
inpatient treatment. I was then taken to the Stone
1:05:37
Stone Crest Center in Detroit where I wanted underwent an
1:05:41
extreme 14 day intensive therapy treatment regiment, which I
1:05:45
received new medication and got started stable.
1:05:48
I've been doing great since then in here in behavioral health,
1:05:51
health health. She has helped me out
1:05:54
tremendously. Why I'm still receiving
1:05:56
treatment to this day. I have been sober for 7 1/2
1:06:00
years now and have been assisting in the caregiving.
1:06:03
My roommate's 87 year old mother has started receiving services
1:06:08
from Hospice. I I don't feel that attached to
1:06:12
any any benefit to anyone but placing me on a long term
1:06:16
probation would be the best for everyone to ever be able to pay
1:06:19
fines, cost for restitution while still living a protective
1:06:22
life in society where I'm not a threat to anyone in the
1:06:25
community. I'm sorry for what I've done and
1:06:28
been forgiven by the victim in this case and I asked the court
1:06:32
for emergency. And sentencing.
1:06:33
Thank. You, Mr. Rakowski, anything on
1:06:36
behalf of the people? This is victim Price case, all
1:06:38
right. It's making 27 for victims here.
1:06:41
Your Honor, we would ask that the court consider two years of
1:06:43
probation. The guidelines are what they
1:06:47
are. They're 7 to 34.
1:06:49
Low end of the guidelines be 7. Months.
1:06:51
But I don't see any reason, and we would argue that there's no
1:06:53
reason to deviate from the guidelines.
1:06:55
Mr. McCoy has three prior felonies, 15 prior misdemeanors.
1:07:00
The. Vehicle the extensive damage to
1:07:02
that vehicle. We also asked the court to keep
1:07:05
the issue of restitution open. I believe the insurance company
1:07:08
may have paid for the damage to the vehicle.
1:07:11
Thank you Mr. McCoy. That is correct.
1:07:15
This is this is your third felony 15 prior and the court is
1:07:21
very aware of the mental health issues according to the pre
1:07:24
century. But how I understand it is after
1:07:27
reading the report it was a matter of you taking your
1:07:31
friends or significant other. I'm not sure vehicle you took
1:07:35
someone's vehicle truck it completely totaled it returned
1:07:39
it back roommate sees the vehicle and what's going on.
1:07:45
It was you and again, you have to be held accountable for the
1:07:49
error and judgment that you made.
1:07:52
But at the end of the day you have to respect other people's
1:07:58
property. It's not yours will be the sense
1:08:02
of this court going to be placed on a term of probation for a
1:08:05
period of 24 months. Conditions of probation include
1:08:09
the standard conditions not to violate any criminal law by
1:08:12
government not to leave the State of Michigan without prior
1:08:15
court notifying the probation agent at least monthly or such
1:08:18
times and places the agent may require no use of possession of
1:08:22
alcoholic beverages or other toxicants cannot in your bars.
1:08:25
Other places for the primary purpose is to serve alcohol for
1:08:28
consumption on the premises. You're to apply the requirements
1:08:31
of alcohol and drug testing is directed by the field agent.
1:08:34
Follow all the rules relative to that.
1:08:37
No use or possession of any controlled substance unless
1:08:39
prescribed for you by a licensed position or are you are you to
1:08:43
be around anyone that possesses those items.
1:08:45
No possession of drug paraphernalia or be around
1:08:47
anyone that possesses or complete any outpatient or
1:08:50
residential substance abuse treatment.
1:08:52
When referred by the agent as well as a substance abuse
1:08:55
assessment. You're to take your medications
1:08:57
as duly prescribed by your licensed physician.
1:09:00
You are to complete any mental health or other recommended
1:09:02
treatment following assessment by qualified community based
1:09:05
service provider. You are to wait a
1:09:07
confidentiality. Allow any treatment program that
1:09:10
you're attending to disclose that information to the
1:09:12
probation officer. No assault of abusive,
1:09:15
threatening, or intimidating behavior.
1:09:17
No written, purple, electronic or physical contact without
1:09:20
permission to the agent with anyone housed within an MDOC
1:09:23
facility, nor the same type of communication with anyone that's
1:09:26
engaging in the behavior that constitutes a violation of any
1:09:29
criminal law of any cover or not use any object as a weapon or
1:09:33
own use or have under your control weapon of any type.
1:09:36
Cannot even possess an invitation, cannot be around
1:09:39
anyone that possesses any of those items or to contact the
1:09:42
supervising field agent. No later in the first business
1:09:44
day following placement of probation or release from jail.
1:09:47
Comply with all written or purple orders of the probation
1:09:50
agent. Allow the agent your residence
1:09:52
at any time, your supervision where you're subject to a search
1:09:55
of your personal property, including, but not limited to
1:09:58
your home, vehicle or computer without the need of a warrant.
1:10:01
If the agent is reasonable causive items that violate the
1:10:03
terms of your probation. Any arrests, please contact laws
1:10:07
of employment. Change of residence must be
1:10:09
reported to the age of 24 hours. Chronic victims assessment of
1:10:13
$130.00 will be ordered by the court.
1:10:17
The probation supervision fee will be $30.00 per month.
1:10:20
Regular 60 electronic court cost $200 will be ordered payable the
1:10:25
rate of $20.00 a month. Fine $200 payable the rate of
1:10:29
$20.00 a month. Restitution is left open this
1:10:32
file. Attorney fees are waived, $60.00
1:10:35
of state costs will be ordered. Probation is empowered and
1:10:38
authorized under statute to affect your apprehension,
1:10:41
attention finance of up to 72 hours on reasonable 'cause you
1:10:45
violated conditions of your probation order.
1:10:48
If referred, you must successfully complete any PA 511
1:10:51
programming based upon eligibility.
1:10:54
Finally, relative to the to the jail time that's being
1:10:57
requested, they should say recommended by the department,
1:11:00
they are recommending 320 days for two days credit.
1:11:05
It will be the sentence of this court.
1:11:07
That you serve. 240 days, which is the midpoint between seven
1:11:13
months and 12 months. Again, with the two days credit
1:11:18
1st 30 days you shall serve upfront.
1:11:21
After the 1st 30 days are completed, you'll be released
1:11:25
for two days, actually one day, one day, then you will return to
1:11:30
the jail to run another 30 day, then one day off back and forth.
1:11:36
30 day minimum at this point based upon three prior felonies
1:11:39
is rather significant to the court.
1:11:41
And by doing so hopefully ensures your, your issues
1:11:45
relative to, to Social Security. But at the end of the day, the
1:11:49
court can just say, you know what, we're just going to shut
1:11:51
it down and you have to reapply. So I'm giving you that
1:11:55
opportunity. But when you report to the jail
1:11:58
after that 30 day stem, they're going to check you as well,
1:12:02
alcohol controlled substances, They're going to test you as
1:12:05
well for random testing. If there are any issues relative
1:12:08
to your probationary term of this matter, then in that time
1:12:12
frame, don't worry about your Social Security.
1:12:14
Understand Sir, all core costs, financial obligations are due by
1:12:19
July 13th, excluding. I should say that the 20% right
1:12:24
would apply. So I do need to inform you of
1:12:26
the right to seek leave to appeal.
1:12:28
If you're financially enabled to provide counsel of your own
1:12:30
choice, the court will assign counsel for your public expense.
1:12:33
Please initial the receipt request, therefore requesting
1:12:36
the assignment of counsel, both of which must be executed
1:12:39
underoath to file a report to the court within 42 days.
1:12:44
Man in custody, Sheriff. Good luck you Sir.
1:12:47
Thank you. You're.
1:12:47
Welcome off the record. So tonight, 7:00 PM Eastern,
1:12:51
4:00 PM Pacific, In the Blind with Mike and Dan.
1:12:54
If you like TCF, you will love In the Blind with Mike and Dan.
1:12:58
That involves me and Michael Groff, A sidebar panelist,
1:13:02
member and guest host of this live morning show.
1:13:06
When I can't do it. Why will you like it so much if
1:13:09
you like TCF? Because it's completely
1:13:12
different from TCF. It's not even close to the same
1:13:15
thing. You just have to experience it.
1:13:17
So check it out. Link in the pinned comment.
1:13:20
It's a new show. We're really trying to grow it.
1:13:22
So if you're not already subbed, if you could head over there and
1:13:24
sub and set your notifications, that would be super groovy.
1:13:29
Let's do this. Let's go to Fulton County, Ohio,
1:13:34
getting closer to Ashley's territory, and we'll check in
1:13:37
with Judge Mcburney. No contest, as in Anolo.
1:13:42
Yeah, sure. He's playing now.
1:13:43
OK. All right.
1:13:45
It's being reduced A misdemeanor, judge.
1:13:46
I see. Well, let's get on the record.
1:13:50
This is 23 SC 191961 State versus.
1:13:57
Is it pronounced Moton. Rodney Moton.
1:14:00
Mr. Moton is here in court with his lawyer, Mr. Arnold, and our
1:14:03
prosecutor, Miss Davis is here. Mr. Moton.
1:14:07
I'm Judge Mcburney. I don't think we've ever met.
1:14:10
I am covering for a judge who was covering for a judge, but we
1:14:17
are all given the same authority to take pleas in what was
1:14:23
originally a felony case. I know you're pleading to a
1:14:25
misdemeanor. It was originally a felony
1:14:27
burglary in the first degree. And it's my understanding that
1:14:30
you're ready to go forward with that plea.
1:14:32
Is that correct? All right.
1:14:35
Miss Davis is going to swear you in in just a moment.
1:14:38
Once you are sworn in, it's important that you answer all
1:14:40
her questions truthfully and completely.
1:14:43
It's just as important that you let me or Mr. Arnold know if
1:14:47
you've got any questions. I need to be comfortable that
1:14:50
you understood everything we discussed.
1:14:52
I bet you will. But I won't know if you've got a
1:14:55
question unless you you grab your attorney's shoulder or
1:14:58
raise your hand or something like that.
1:15:00
OK. All right.
1:15:01
Make sure you speak up so the court reporter can hear you when
1:15:04
you're answering Miss Davis. Mr. Moton, please raise your
1:15:07
right hand. Do you swear or affirm the
1:15:09
testimony you will give in this matter Before the court will be
1:15:12
the whole truth and nothing but the truth.
1:15:13
Yes. OK, you can put your hand down.
1:15:15
Please state your true, correct and legal name.
1:15:18
Rodney Moulton. At this time, are you under the
1:15:20
influence of any alcohol, drugs or medication?
1:15:23
No, ma'am. Is there any medicine that you
1:15:25
normally take that you have not taken today?
1:15:27
I took all of my blood pressure pills, high blood pressure and
1:15:30
high cholesterol take those. That's the only medication you
1:15:33
take. Yes, for right now in my when my
1:15:38
side start hurting from my cancer, I take the medication
1:15:42
that they gave me. Got it.
1:15:43
But your side's not hurting right now.
1:15:45
Nah, but it will once I, you know, start sitting and doing a
1:15:49
lot of things. OK.
1:15:50
Hurting like if I walk too far or, you know, start hurting
1:15:55
because my cancer is. They say it's.
1:15:59
Kind of coming back so I got to watch my numbers so.
1:16:02
Got it. I'm sorry to hear it's coming
1:16:04
back. So today, so far, it's been
1:16:06
blood pressure and cholesterol medicine.
1:16:08
When you take those medicines, do they make you sleepy or woozy
1:16:12
or confused? No, not really.
1:16:14
No. You feel like you know what
1:16:15
we're doing? Yes, Sir.
1:16:16
Great. How old are you and how far have
1:16:18
you gone in school? 5712.
1:16:22
Are you able to read, write and understand the English language?
1:16:25
Yes. Are you a United States citizen?
1:16:27
Yes. Do you understand that you're
1:16:29
charged with the following offense and indictment 23 SC
1:16:32
191961 and we have amended the birther in the first degree
1:16:38
charge to that by taking. Are you aware of that?
1:16:41
Yes, and that would be OCGA 16-8-12A.
1:16:47
Do you understand that you have the right to plead either guilty
1:16:48
or not guilty to these charges and if you plead not guilty or
1:16:51
remain silent, you may receive a jury trial?
1:16:54
Yes. Have you had enough time to
1:16:55
speak with your lawyer, Attorney Arnold, about all the facts and
1:16:58
circumstances known to you in this indictment, including any
1:17:01
potential defenses? Yes.
1:17:03
Do you need more time to discuss this case with your attorney?
1:17:05
No Are you satisfied with his services?
1:17:07
Yes. Attorney Arnold, do you wave
1:17:09
formal reading of this indictment and any and all
1:17:11
defects therein for the purposes of this plea?
1:17:14
Yes. Mr. Moton, do you remember being
1:17:16
arrested on these charges? You know the state's unaware of
1:17:19
any outstanding warrants related to this matter.
1:17:21
Attorney Arnold, are you aware of any outstanding warrants
1:17:23
related to this case? No.
1:17:26
Mr. Moton, has your attorney advised you have the minimum and
1:17:28
maximum sentence for the charge to which you're pleading to
1:17:30
today? Yes.
1:17:32
The maximum sentence is 12 months.
1:17:34
Do you understand that? Yes, you understand that today
1:17:37
you're entering A negotiated plea of guilty, which means no
1:17:40
law, which means the state will make a recommendation to the
1:17:42
court. You're saying the court's not
1:17:44
required to accept the state's recommended Senate.
1:17:46
Yes, do. You understand the court has the
1:17:48
right to sentence you to the maximum possible sentence for
1:17:51
this charge? Yes.
1:17:52
Do you understand if you're placed on probation of any kind,
1:17:55
you cannot violate any criminal laws of any governmental unit or
1:17:58
any special conditions of probation without being subject
1:18:00
to revocation for the balance of the sentence?
1:18:03
Yes. Do you understand that this plea
1:18:04
may be used to enhance sentencing on other convictions
1:18:07
in this jurisdiction as well as other jurisdictions, including
1:18:09
the federal courts? Yes, do.
1:18:12
You understand if you're not a United States citizen, a guilty
1:18:14
plea conviction will affect your immigration status and will
1:18:17
result in deportation, just like a conviction at a trial would.
1:18:20
And that is true regardless of any advice by your attorney or
1:18:22
anyone else. Yes.
1:18:24
Do you understand that there may be other adverse or unfavorable
1:18:27
consequences as a result of this plea conviction, just as there
1:18:30
would be from a conviction following a trial?
1:18:32
Yes. For example, your guilty plea
1:18:34
may affect the right to vote, to hold public office, to serve on
1:18:37
a jury, to obtain a passport, to receive, possess or transport a
1:18:41
firearm, or the ability to obtain employment.
1:18:43
Do you understand that you waive any and all defenses, including
1:18:46
any mental health defenses, by entering a plea of guilty?
1:18:48
Do you understand that by pleading to this you're giving
1:18:51
up the following rights? The right to a trial by jury.
1:18:54
The right to remain silent and not incriminate yourself.
1:18:57
The right to confront witnesses against you.
1:18:58
The right to the assistance of counsel hired by you or to court
1:19:01
appointed counsel if you cannot afford an attorney at a trial of
1:19:05
your case. The right to the presumption of
1:19:07
innocence. The right to testify on your own
1:19:08
behalf and to present other evidence.
1:19:11
The right to subpoena witnesses and compel the production of
1:19:13
evidence. The right to have the charges
1:19:14
against you prove beyond a reasonable doubt and the right
1:19:17
to appeal of convictive these charges after trial.
1:19:19
You're saying you're waiving all those rights.
1:19:21
Do you understand that you may have only a limited right to
1:19:23
appeal this plea conviction? Do you understand that you do
1:19:26
not have the right to appeal directly from your plea?
1:19:28
But if you believe there's some error you make, you can apply to
1:19:30
the appropriate appellate court to request a discretionary
1:19:33
appeal. Discretionary appeal procedure
1:19:35
is outlined at OCGA 5-6. That's 35 and must be completed
1:19:39
within 30 days of today. Yes.
1:19:41
Do you understand that you have only 12 months from today for
1:19:43
the misdemeanor charge to file a Haber's corpus petition
1:19:46
challenging the voluntariness of this plea?
1:19:48
Yes. How do you plead to the charges
1:19:50
and indictment 23 SC 191961 that by taking no.
1:19:56
Content. Has anyone forced you,
1:19:58
threatened you, or promised you anything to get you to enter
1:20:00
this plea? Is your decision to waive these
1:20:02
rights? Because you decided it's in your
1:20:04
best interest to do so. Is this plea freely and
1:20:06
voluntarily given with the full knowledge of the charges against
1:20:08
you? Yes, Your Honor.
1:20:10
The State believes the evidence would show that on January 4th,
1:20:13
2021, the officers with the Atlanta Police Department were
1:20:17
dispatched to the incident location which is 2125 Joseph E
1:20:21
Boone Blvd. NW in Atlanta and Fulton County
1:20:25
in regards to a larceny call. Officers there met with the
1:20:28
victim, Mr. Constantine Foca, who reported that while he was
1:20:31
in his office, he knows that one of his tenants, the defendant,
1:20:34
Mr. Rodney Moton, was inside his residential unit.
1:20:37
The victim questioned why the defendant was inside his unit
1:20:40
and he the defendant report that he was waiting for a friend.
1:20:44
The victim knows the George's unit was open and several items
1:20:47
were missing. The victim and the defendant had
1:20:51
a tenant landlord relationship. I mean, I believe it was like a
1:20:54
wallet that was missing. I did speak with the victim.
1:20:59
He did feel like there was something else going on with Mr.
1:21:02
Bolton that day and so he was comfortable with resolving this
1:21:06
matter. The State is recommending 12
1:21:10
months to serve six months. The defendant spent, I believe
1:21:13
176 days in total, so he is satisfied that time the balance
1:21:17
would be suspended, nothing further.
1:21:19
And Mr. Moton does not have any felony convictions.
1:21:24
There was an aggravated stalking arrest after this, which makes
1:21:30
up about half of the 180 days. That case went nowhere as far as
1:21:36
you know as. Far as I know, as far as you
1:21:38
know, a different unit, but as far as I know.
1:21:40
OK. So 12 serves 6 months balance
1:21:45
suspended and credit for the time he spent in correct.
1:21:48
Understood. OK.
1:21:51
Are you with probation DCS? Hi.
1:21:54
Do you have, I know you're not pretrial services, so your view
1:21:59
into Mr. Moton's possible criminal history is is
1:22:02
different, but do you have any indication he's ever been on
1:22:05
felony probation? He has not.
1:22:07
OK. Thank you.
1:22:09
And you are Officer Phennessy. Great.
1:22:12
All right. Thanks for being here, Mr.
1:22:14
Arnold. Yes.
1:22:15
Yes, you are. My, my, my client was in his
1:22:19
landlord relationship based on a government contract.
1:22:22
My client had gotten a large subsidy from the government
1:22:25
based on some disabilities. And that's one of the reasons
1:22:28
why the the victim in this matter thought something was
1:22:31
going on with Mr. Moulton. Since that time, they've had no
1:22:35
other contact with each other. Based on this incident, Mr.
1:22:38
Moulton lost that subsidy. And so he was he had a struggle
1:22:41
for a while finding housing, especially with this pending
1:22:44
charge. That's one of the main reasons
1:22:47
why this was such a burden on it.
1:22:49
And so he's hoping by the resolution in this case today,
1:22:52
he'll be able to get back on that subsidy.
1:22:54
The court has always been already been made aware that
1:22:56
he's still undergoing some serious medical issues and he
1:22:59
also has some additional family issues going on.
1:23:01
So he's asking the court to follow recommendations for that
1:23:03
reason. And as far as I know, they have
1:23:06
had no other than that government subsidy, they've had
1:23:09
no other, no further contacts this incident.
1:23:12
OK. Because that was going to be my
1:23:14
question. Mr. Moton, it sounds like you
1:23:15
moved out of that Joseph E Boone address.
1:23:19
The last judge told me don't ever go back to that property,
1:23:23
OK? Never went back over there, he
1:23:25
said. I go to that property, I come in
1:23:27
front of him. I'll never get out of jail.
1:23:29
So I lost everything. OK.
1:23:33
I lost over $5000. He kept all my stuff I couldn't
1:23:36
get a hold of. No cop to assist me to go get
1:23:40
my. To go collect your belongings 5.
1:23:42
1000 and then I lost my Section 8 and I lost my apartment and
1:23:46
now I can't get housing and. Where are you staying now, my
1:23:50
cousin? Is that the Irma Street address?
1:23:52
Yes. OK.
1:23:55
Are you able to stay there longer or does your cousin want
1:23:58
you out? Well, you know.
1:24:00
My cousin is when they get tired of you, they tell you you have
1:24:03
to go. But I always been on my own.
1:24:05
I always had my own. OK, kind of put me.
1:24:09
Yeah. Well, this will close the case
1:24:10
out. Is your plan to find your own
1:24:12
place? Yes, Sir.
1:24:13
Are you able? This will not be a felony
1:24:16
conviction. It's not even really a
1:24:18
conviction. It's a nolo plea.
1:24:20
Are you hoping to get back into the Section 8 category?
1:24:24
Yeah. But yeah, he called and told him
1:24:26
a whole bunch of lies and everything.
1:24:28
You know what I'm saying? That wasn't his.
1:24:29
His, Yeah. In addition to the stairway, the
1:24:34
landlord also because he it was required to him to report
1:24:37
everything, he also made a record of it.
1:24:39
So that's been a part of the issue of being re categorized in
1:24:43
that category. OK all.
1:24:44
Right. Well, Mr. Martin, I wish you the
1:24:46
best moving forward, especially with your health challenges.
1:24:50
Keep seeking medical attention. I find there's a factual basis
1:24:54
for your plea. I understand why it's a nolo
1:24:56
plea. I'll accept it as a nolo plea.
1:24:59
This also was something that happened 5 plus years ago so
1:25:03
it's good to move on. I find that your plea is knowing
1:25:07
and voluntary. Knowing means you've understood
1:25:10
the things we discussed. Any questions about anything?
1:25:13
No, Sir, I just need some kind of, yeah, I need some
1:25:17
documentation that so I could try to get back into even when I
1:25:21
can get back to getting back into college now.
1:25:24
Great. It's.
1:25:24
All this is. Yeah, I want to get back into
1:25:27
Microsoft Internet. You know what I'm saying?
1:25:30
That's what I want to. All right.
1:25:32
Well, a lot of opportunities there.
1:25:34
I hope you're able to do that. And and you're certainly young
1:25:38
enough to start a new chapter and Mr. Arnold can help you get
1:25:42
all the final paperwork that will flow from today.
1:25:46
Mr. Moton, I am holding the indictment in your case where it
1:25:51
says no contest and it's been reduced to the misdemeanor.
1:25:53
Did you sign this document? Yes, you did.
1:25:56
Great. That indicates your plea in the
1:25:57
case. I'm going to sentence you, Mr.
1:26:01
Moton, to five months to serve on this misdemeanor, but you'll
1:26:06
get credit for the time that you did serve, and that's it.
1:26:10
That'll close the case out. Thank you.
1:26:13
OK, Miss Davis, anything else in Mr. Moton's case?
1:26:17
Nothing further from the state, Jeff.
1:26:18
I don't run away quite yet, Mr. Arnold.
1:26:21
Anything else for Mr. Moton? I'll make all the all the
1:26:25
additional paperwork he was asking for I'll make available
1:26:27
to him once the court is signed off.
1:26:29
Sounds good. All right.
1:26:30
Now you can run away. Thank you.
1:26:32
See you. Now you can run away.
1:26:34
Indeed. Good morning once again,
1:26:35
everybody. TCF live.
1:26:37
It's Monday. We're halfway through the show
1:26:38
already. Michael Groff, 12 months with us
1:26:43
now. Anybody who doesn't appreciate
1:26:46
Michael Groff, something is wrong with your brain and you
1:26:50
should seek medical attention. Michael is the best came to us a
1:26:54
year ago. Immediately I saw his talent.
1:27:00
I'm so impressed by him. Over the last year, he has not
1:27:04
only guest hosted this show, he's been a mainstay on sidebar,
1:27:08
a regular in our chat, a big supporter of this channel and
1:27:12
honestly has become one of my best friends.
1:27:14
So Michael, thank you for being who you are.
1:27:18
Thank you for everything that you do for us and you are very
1:27:21
much appreciated. CMS, in the chat a little while
1:27:26
ago you were questioning or just commenting rather on the
1:27:30
complexity and the knots that the legal system ties itself
1:27:34
into and you specifically cited the theft by taking thing.
1:27:40
It's not the legal system that's tying themselves the knots
1:27:43
there. It is the legislature,
1:27:47
specifically in Georgia. I looked this up.
1:27:51
They define the different variations upon theft within
1:27:57
their code. So it all stems from code
1:28:02
16-8-2. It defines theft by deception,
1:28:08
theft by conversion, theft of services, theft by shoplifting,
1:28:11
theft by receiving stolen property.
1:28:14
It also has provisions in there for stolen goods being brought
1:28:19
into the state, livestock theft, cargo theft, trade secrets theft
1:28:24
and porch piracy theft. So there is a lot that actually
1:28:29
goes into how they define theft and that's why they don't just
1:28:34
say you stole something. The statute actually defines how
1:28:39
the theft happened. Not only that, it was just the
1:28:41
theft and then the prosecution kind of define staircase
1:28:48
accordingly. So that's what goes on there.
1:28:49
Michael, thank you for gifting a membership.
1:28:51
Very much appreciate that. So I just thought I would share
1:28:55
that is why things happen the way they happen in Georgia.
1:28:59
Let's go to Texas now. Judge Raquel West.
1:29:05
Isn't it interesting how so many defendants show up in safety
1:29:09
yellow? It's like a thing.
1:29:11
Good morning, Sir. You are Joshua Barlow.
1:29:14
This is cause number 1826688. Mr. Barlow is on probation for
1:29:18
possession of a controlled substance.
1:29:20
A motion has been filed. What is the announcement?
1:29:23
Judge, we had did a short reset on this one because we had a
1:29:26
court date out in Harris County would was in hold.
1:29:30
So they will go ahead and dismiss that one then.
1:29:32
But it looks like we will be moved to the trial docket.
1:29:35
I believe they're going to try to subpoena the planning over
1:29:37
there and so I don't know how long it's going to be or when.
1:29:41
But Mr. Speaking for Mr. Lewis, and I have no reason to doubt
1:29:44
that based on high knowledge of that offense, Mr. Barlow,
1:29:48
etcetera, that their subpoena of her will be against her will.
1:29:51
And I don't intend to proceed on that if of course permission in
1:29:55
the motion under those set of circumstances judge if that
1:29:59
makes sense, right and so do we. What are the other allegations?
1:30:04
What's this? If we could maybe at this
1:30:06
juncture knowing that if we could just abandoned or bypassed
1:30:10
those at this moment and have an inner place of true or not true
1:30:13
just to the administrative violations, maybe get an update,
1:30:17
see if. There is for.
1:30:18
Some reason any change in that before I formally abandoned it?
1:30:21
But it is my intention and it is my understanding based on the
1:30:25
facts of that case that there's a subpoena of her.
1:30:28
If I'm wrong, it's probably against Phil Will.
1:30:30
And over there. I mean, we're going to wait
1:30:33
three years for him to go to mystery control.
1:30:35
No, we're doing it here. And then if you want to get her
1:30:37
here or try, that's a good thing if not waiting on that.
1:30:41
So let's go ahead and go through the motion and get place of true
1:30:44
or not true and I will, it looks like Skip.
1:30:48
Mr. Barlow, raise your right hand please.
1:30:49
Sir, do you swear or affirm the testimony you're going to give
1:30:52
in this hearing will be the truth, the whole truth, and
1:30:54
nothing but the truth. Thank you, Sir.
1:30:56
And will he waive the formal reading of the motion?
1:31:00
I'm sorry, right? Mr. Barlow and cause #17-26688I
1:31:06
have a motion to revoke your community supervision shows that
1:31:10
you were placed on probation September 18th of 2017 for the
1:31:13
offense of possession of a controlled substance, a second
1:31:16
degree felony. That was a 10 year term in
1:31:19
prison that was probated for 10 years, is that correct?
1:31:21
Yes, ma'am, It alleges you violated your probation.
1:31:25
Count 3 alleges that you failed to remain in Jefferson County as
1:31:30
ordered and that you were in Harris County, Texas November
1:31:33
8th of 2025 and that was without permission of Jefferson County
1:31:38
probation. Is that true, not true, true or
1:31:41
not true? True.
1:31:43
Count 4 alleges that you failed to immediately report to the
1:31:46
Community Supervision Department and up to date a physical
1:31:50
address and is that true or not true that you didn't tell them a
1:31:55
new address where you were living?
1:31:57
OK. Count 5 alleges that you fail to
1:31:59
immediately report to the probation department your arrest
1:32:03
from November 8th of 2025, is that true or not true?
1:32:07
Count 6 alleges that you would provided a urine sample March
1:32:11
4th of 2025 and April 8th of 2025 that tested positive for
1:32:16
tetrahydrocannabinol and is that true or not true marijuana?
1:32:22
Count 7 alleges that you're behind in your court assessed
1:32:25
fees as of November 19th of 2025 in the amount of $4734.
1:32:30
And is that true or not true? Did you enter your place of true
1:32:34
to counts 356 and 7 freely and voluntarily?
1:32:39
And did you plead true to those counts because they're actually
1:32:41
true? All right, then I'm going to
1:32:43
find that you entered your place of true to counts 356 and 7
1:32:46
freely and voluntarily. Find those counts true, find
1:32:49
sufficient evidence to revoke your probation.
1:32:51
But I'm going to reset your case for a sentencing here, pre
1:32:56
sentence report else about those cases in Harris County and then
1:32:59
we'll come back at that date for sentencing.
1:33:03
Are you currently wearing a drug patch?
1:33:05
Are you ordered to wear a drug patch?
1:33:07
Before you leave today, I want you to have a seat in the jury
1:33:09
box. We're going to get a drug test
1:33:10
this morning. All right, have a seat.
1:33:13
Actually come over here 1st and get a thumbprint and then have a
1:33:16
seat for a drug test. I agreed.
1:33:19
Yes, ma'am. Todd, thank you for gifting
1:33:22
membership. I appreciate it across Judge
1:33:27
Stevens where parents Charles Manson tribute.
1:33:32
Dad, Sir, do you need to get your hair cut over at the jail?
1:33:38
Yes. Sir.
1:33:39
OK. We'll.
1:33:40
We'll help you with that, OK? The trial date for trial.
1:33:57
OK, OK. All right, You see Joel here.
1:34:01
Vasquez. You want trial on your own,
1:34:10
You're charged with a third degree felony of aggravated, I'm
1:34:13
sorry, assault on a public servant, which is a third degree
1:34:17
felony. But the indictment goes on to
1:34:21
allege that before you, you committed that third degree
1:34:24
felony. You were convicted in 2020 in
1:34:27
Montgomery County for the second degree felony of the legal
1:34:31
possession of controlled substance.
1:34:32
Do you recall that event after, Oh, I'm sorry, that was December
1:34:37
20th in that cause number. Then it's 20 Dash 02-01978,
1:34:45
which is the way they numbered things in Montgomery County
1:34:49
after that conviction was final. Paragraph 3 of this indictment
1:34:53
alleges that you thereafter committed another illegal
1:34:57
possession of controlled substance, a second degree
1:34:59
felony, and you were convicted of that on June 20th of 2023,
1:35:05
also in the same 359th District Court in Montgomery County,
1:35:09
Texas. You remember that event
1:35:12
happening after that was final? It is alleged in paragraph one
1:35:17
that you'd then commit the offense alleged in paragraph
1:35:22
one, a 30° felony of aggravated assault of the public servant.
1:35:27
If you were found guilty of this, aggravated this assault on
1:35:31
a public servant rather than the third degree felony, and it says
1:35:37
that you cause bodily injury to the public servant by striking
1:35:43
him in the face with your hand. And he was apparently I guess he
1:35:50
was a jail security official. So he must have been in a jail.
1:35:55
Or if that if you were found guilty of that crime, if it will
1:36:02
found truth that you have these prior convictions out of
1:36:06
Montgomery County, that of illegal possession of a
1:36:10
controlled substance, then you were looking at what we call
1:36:15
habitual felon status. You're the punishment range
1:36:21
would be no less than 25 years in prison, a minimum of 25 years
1:36:27
in prison to life in prison. Very.
1:36:29
It's the most serious type of punishment other than, I guess,
1:36:34
capital punishment. So do you understand what you're
1:36:37
facing here, Sir? Yes, Sir.
1:36:39
Have you talked to Mr. Vasquez about whether that could be
1:36:42
resolved without a trial or not? Because that's what we're here
1:36:45
for. We're going to try this case
1:36:47
unless y'all can reach an agreement with the DA's office.
1:36:52
Have you thought about that? Why don't you do?
1:36:54
Why don't you talk to him and just find out what the options
1:36:57
are and then we're going to do whatever you want to do, OK?
1:37:00
Yes, Sir. Yeah, OK.
1:37:02
Go ahead. I'll go ahead and put it on the
1:37:04
record that I was going to waive his priors and agree to a five
1:37:08
year sentence as far as that's the K bargain agreement.
1:37:12
Y'all go back and talk, OK, Xavier?
1:37:15
And So what do you understand what he's saying?
1:37:18
It's going from, if we go to the jury, you're looking at a
1:37:22
minimum of 20, minimum of 25 years in prison.
1:37:25
But if found guilty and they're offering five years with credit
1:37:29
for time you have served in custody in regards to this,
1:37:33
which I'm not going to influence you, but that's a most generous
1:37:38
office offer. But at the end of the day, it's
1:37:40
your choice. Whatever you do, We'll we're
1:37:43
going to take that out. OK?
1:37:45
Yes, Sir. All right, talk to Joe and come
1:37:46
back and let me know what y'all do because y'all are up here on
1:37:51
the trial. OK, Thank you.
1:37:53
Do I have any pleas in the queue?
1:37:55
You should. Y'all should be excited and
1:37:57
settled. It's Romando Martinez in
1:38:02
Japanese. Yeah, hello.
1:38:05
I'm up. Romando.
1:38:07
Romando Martinos. Poor people.
1:38:09
Let me just swear I. Was doing it to impress you?
1:38:12
You did great checks. Lucho Scholastic.
1:38:16
It. Doesn't matter, Look.
1:38:18
That was Spanish, by the way, we were speaking out.
1:38:21
What language did you do? I've been here around the world.
1:38:26
With, you know. And I'm proud of it too.
1:38:30
I'm proud of that, that adventure you and I have had.
1:38:56
Is it on the offices? Let's.
1:39:00
Go on the record. Does that go on the?
1:39:03
Record. Everything goes on the record.
1:39:05
Here's that. Which means you're in deep
1:39:07
trouble. What can I say?
1:39:11
You've always been. It's a deep wave.
1:39:20
Thank you. Making that type small.
1:39:22
See you all right. We call clause #23 CR 1653, the
1:39:30
state of Texas versus Armando Martinez Martinez and the
1:39:36
defendant is present with his attendance.
1:39:40
Mr. Bourbon, the state's attorney, is present and Mr.
1:39:44
Martinez, I believe, is fluent in Spanish, and Erica Burge, our
1:39:51
great translator, who's this fluent in English and Spanish
1:39:55
and has translated officially for as numerous times, is
1:40:00
present to help Mr. Martinez. Miss Bursa, please raise your
1:40:04
right hand. Do you solemnly swear or affirm
1:40:06
that you will well and truly and accurately translate from
1:40:11
English, that we will be speaking into Spanish?
1:40:15
For which Mr. Martinez. Is most fluent and then his
1:40:19
Spanish responses will be repeated into English for all of
1:40:23
us and the record shall reflect through the court reporter.
1:40:27
Will you do that accurately and I know you will professionally
1:40:30
so help you go lower your hand. You are Armando Martinez
1:40:34
Martinez and you were here with Mr. Burbank.
1:40:38
You were talking and the state's attorney is here, the
1:40:41
prosecutor, you are going to be entering A plea today to this
1:40:45
offense as alleged, correct? No.
1:40:48
What are we doing? Manslaughter.
1:40:52
In Does the defendant wave a formal reading of this
1:40:56
indictment and arraignment? Can we proceed in summary?
1:40:58
It does in your backyard. In summary, this indictment, as
1:41:03
it is alleged, that was handed up by the Grand Jury in October
1:41:07
of 2023, alleges that honor about September 18th, 2023 in
1:41:13
Jefferson County, Texas, you committed the first degree
1:41:17
felony of murder. Do you understand what you are
1:41:20
charged with here in the indictment?
1:41:27
Yes. An agreement has been reached
1:41:31
between the parties that you would be pleading guilty to the
1:41:35
lesser included offense of manslaughter, which is a second
1:41:41
degree felony. Is that your understanding of
1:41:45
the plan? Yes.
1:41:49
All right, crying. Of manslaughter is found under
1:41:53
Section 19.04 of the Texas Penal Code and this provides that a
1:41:59
person commits an offense if he recklessly causes the deaths of
1:42:03
an individual. Do you understand what
1:42:06
manslaughter is Sir? This is a second degree felony
1:42:10
which means if convicted you face no less than two, no more
1:42:14
than 20 years confinement in prison and a fine up to $10,000
1:42:18
can be assessed. Do you understand?
1:42:21
Yes. An agreement has been reached in
1:42:24
your case where you would be pleading guilty, found guilty of
1:42:28
the second degree felony of manslaughter and percentage to
1:42:33
five years in prison. Is that your understanding of
1:42:36
the agreement? If I follow this agreement, you
1:42:40
have no right of appeal of your case.
1:42:43
Do you understand? How do you flee to this lesser
1:42:47
included second degree felony of manslaughter under this murder
1:42:52
indictment in this cause #23 CR 1653.
1:42:56
Guilty or not guilty? Guilty.
1:43:00
Are you pleading guilty voluntarily?
1:43:03
That is on your own free wills and because you are guilty,
1:43:09
because you are guilty, Yes. Show you what's marked as states
1:43:12
Exhibit One. Did you sign that document?
1:43:17
Did you understand it and discuss it with your attorney?
1:43:20
It was translated to you from English to Spanish and then you
1:43:25
spoke with your attorney. Is all of this this on State's
1:43:31
exhibit one, truth and correct? State's Exhibit 1 is tendered
1:43:37
into evidence without objection. It is a move.
1:43:41
Among other things, this states that you are mentally competent
1:43:44
to enter your guilty plea. It's freely and voluntarily
1:43:47
made. You know what you've been
1:43:48
charged with dying has been read to you.
1:43:50
You've read it. You are guilty of the crime
1:43:52
charge and any lesser included offenses.
1:43:55
You are giving up your rights to a jury and the rights to the
1:43:58
appearance confrontation cross examination of witnesses and you
1:44:02
were totally satisfied with the representation provided by your
1:44:05
lawyer. All of this true it states so
1:44:09
help you guide state's exhibit one part of the record for all
1:44:13
purposes presenters report is away.
1:44:16
I'm going to follow this agreement, if nothing further,
1:44:20
and I'm going to find as follows, that in this cause #23
1:44:24
CR 1653, the State of Texas versus Armando Martinez
1:44:29
Martinez, the defendant, was charged with the first degree
1:44:32
felony of murder. He has pleaded guilty upon a
1:44:37
plea agreement reached between the State of Texas and the
1:44:40
defense for a guilty plea of the second degree felony of
1:44:47
manslaughter under this indictment.
1:44:51
And I'm going to find that the Lieutenant has pleaded guilty to
1:44:54
this lesser included offensive manslaughter voluntarily,
1:44:57
knowingly. No, that was in my thinking,
1:44:59
citizen. I don't know if we covered that
1:45:00
or not. There is sufficient evidence
1:45:02
supporting your guilty plea to find you guilty beyond a
1:45:07
reasonable doubt of this lesser included offense of
1:45:12
manslaughter. Stand by this going back on this
1:45:18
written agreement that is part. Of.
1:45:25
The plea agreement that you signed and admitted to that was
1:45:30
State's exhibit one. Among other things, State's
1:45:35
Exhibit One states that if you are not a citizen of the United
1:45:40
States, a plea of guilty and a conviction may result in your
1:45:46
deportation, exclusion from admission to the United States,
1:45:52
and or denial of naturalization under U.S.
1:45:55
Federal law. Do.
1:45:57
You understand what I'm? Saying.
1:46:00
Or are you a citizen of the United States?
1:46:04
OK, Do you understand that a plea of guilty and a conviction
1:46:08
under manslaughter can affect your ability to gain citizenship
1:46:13
under the laws of the United States?
1:46:15
Do you insist on continuing to plead guilty to this lesser
1:46:21
included second degree felony of manslaughter?
1:46:24
See, yes, I'm going to follow this agreement.
1:46:30
Anything else is a pre sentence report waived.
1:46:32
We waive pastor be waived nothing.
1:46:35
Nothing further. I'm going to make the following
1:46:37
findings that Mister Martinez, you are pleading guilty to this
1:46:43
second degree felony of manslaughter, A lesser included
1:46:47
offense under this indictment of murder.
1:46:50
You are doing that voluntarily, knowingly, intelligently, and
1:46:54
based upon discussions with your attorney.
1:46:57
There's sufficient evidence supporting your guilty plea from
1:46:59
State's Exhibit 1 admitted here to find you guilty beyond a
1:47:02
reasonable doubt. I now find you guilty beyond a
1:47:06
reasonable doubt of this lesser included second degree felony of
1:47:11
manslaughter under this indictment.
1:47:14
I'm following this agreement. You were hereby sentence to
1:47:16
confinement in the Institutional Division of the Texas Department
1:47:21
of Criminal Justice to serve a term of five years.
1:47:25
The judgment shall reflect an affirmative findings that a
1:47:30
deadly weapon, namely A handgun, was used in the Commission of
1:47:34
this offense. Do you understand what has
1:47:37
happened today, Sir? See.
1:47:39
Anything else to have? Defense state, All right, we're
1:47:43
in recess on this. Thank you.
1:47:46
So I was trying to figure out exactly what the motivation was
1:47:49
to take him from murder down to Man 2 with only five years to
1:47:53
serve. And then the whole citizenship
1:47:55
thing came up. So it's very clear now it's get
1:47:59
him on the lesser charge and get him out of the country as fast
1:48:03
as possible, either for security or quite frankly, for saving the
1:48:07
money of housing him. So that's what was up with that.
1:48:11
Lisa, good morning. Good to have you here.
1:48:13
Okie, Dokie, let's go back up to let's go back up to Judge Prill.
1:48:20
He's got a new contestant. Present represented by attorney
1:48:23
Michelle R Siv, People being represented by Prosecuting
1:48:27
attorney Tim Jay Werkowski March 23rd, 202026 Defendant entered a
1:48:32
no contest pleading domestic violence.
1:48:34
Third offense. Miss Karen Everland prepared the
1:48:36
precept report. They didn't make 5th Miss Siv.
1:48:39
If you and your client had the opportunity to repeat the
1:48:41
precept report, yes we are there any additions, deletions,
1:48:44
corrections or objections? I'm sorry, I I kind of.
1:48:50
Just noticed it in regards to prior record on.
1:48:55
Page. One for misdemeanors, it says 0.
1:49:13
Number of misdemeanors that were not scored and they were scored,
1:49:17
but they they don't reflect on the face sheet.
1:49:33
You count that as one listed. Yes.
1:49:39
Mr. Strakowski, any objection? No objection, however.
1:49:43
Presets with the report will make that the crash will be made
1:49:46
in the precession or any other additions, deletions, corrects
1:49:49
or objections. No other corrects.
1:49:54
Guideline issues, Mr. Strakowski none on behalf of people, but we
1:49:58
we approach yes, just say anything you'd like to say on
1:50:04
behalf of the federal report the court imposed the Senate Yes,
1:50:08
thank. You I would like to go over the
1:50:10
recommendations with my client and I would actually report to
1:50:15
take a few matters into consideration.
1:50:20
The. Mr. Johnson about those
1:50:21
acknowledged prior to security acknowledges that was recently
1:50:27
since then in regards to domestic violence was 2024.
1:50:31
However, I would support to consider that any anything prior
1:50:36
to that in regards to. Domestic violence, that was.
1:50:39
Quite some kind of the other one.
1:50:41
Most recent before the 202450 around 2004 also.
1:50:48
I would have to. Support to consider that the
1:50:51
strap squad does not have. Any.
1:50:53
Issues on the line that I'm aware of.
1:50:55
We've seen from. Employees.
1:50:57
With a school in engineering and he was down there 1994 so you
1:51:02
guys are sure like if there's. A strong stability.
1:51:05
I would have to support also to consider that the no contact
1:51:09
order between my client and the victim was lifted on April 22nd
1:51:15
of this year and then I would have to report to continue to
1:51:18
allow that contact to continue. It was this is a resignation
1:51:24
that I'm not having any contact with my.
1:51:26
Wife but. 15. 15 to allow the contact April 22nd in regards.
1:51:34
To. Work release I would ask the
1:51:38
report to allow that Mister Doctor Star Wars about 10 hour
1:51:43
days six days a week and it takes about a few words to fall
1:51:48
from the jail to this place of the appointment is about 15
1:51:52
minutes on the way so 30 minutes strolls.
1:51:54
But I would figure that and before work about to work
1:51:58
release, there was a little letter that I received from my
1:52:03
client's mother which I read to Mr. Rykowski.
1:52:07
And to the court. I it was.
1:52:09
Unfortunately sent to the wrong. E-mail, so we didn't get it.
1:52:12
Until later. So I would ask.
1:52:14
The report that still consider that and then they they've
1:52:17
received a letter written by the victim by Mr. Rykowski and I
1:52:20
would ask for the court to strongly consider.
1:52:22
The contents. Of that.
1:52:23
Letter. As well.
1:52:26
And All in all. Again, I would have to report
1:52:29
to. To.
1:52:31
Sentence misproductive on the lower guideline.
1:52:34
The skyline came to 0. To 11 months.
1:52:38
The recommendation I would feel is obviously pretty on the on
1:52:42
the high end. So given everything that I just
1:52:45
stated, I would like to consider a lower lower there.
1:52:50
Thank you. Because your client was to
1:52:51
address the court with no contest, Sir, I just, I just.
1:52:57
Want to let you know what I take.
1:52:59
Full responsibility for everything I did and I.
1:53:03
Can't. Believe it happened.
1:53:06
I apologize to my wife. And.
1:53:09
Kind of work through things and I just I.
1:53:12
Bought things in. Until it's.
1:53:16
Closed. And.
1:53:17
That's not an. Excuse I I just drank for the
1:53:21
first time in two years and that didn't that.
1:53:25
Made. Everything.
1:53:25
Worse, I. I'm just asking for something,
1:53:29
Mr. Murkowski, on behalf of the people.
1:53:33
This is also the surprise case. Yes, Ron, we supplied the letter
1:53:36
of it and wishes you to read that letter to yourself and she
1:53:39
asks you take that into account. We're asking you to adopt the
1:53:41
recommendations that set forth by probation.
1:53:44
The only change. Would be as this.
1:53:45
Sibit pointed out. We had amended to bond back on
1:53:49
April 22nd, so we'd ask you. To.
1:53:52
Delete that division above the provision above the no contact
1:53:58
Mr. Johnson, Bob becomes or comes before the court at age
1:54:01
51. Prior felony 7.
1:54:04
Prior misdemeanors and associate's degree on top of
1:54:07
that and gainfully employed the defended prior history rather
1:54:13
old at least relative to the first domestic violence
1:54:16
conviction and 2nd. 1st conviction was August 31st,
1:54:20
2000, Second conviction September 3rd, 2004.
1:54:25
So you we're talking nearly 20 years until the 3rd conviction.
1:54:32
Domestic violence, second, on June 27th, 2024, the defendant
1:54:37
was discharged from probation on December 29th of last year, one
1:54:41
month later. This is one month and it was an
1:54:46
argument over no drink mix in the house and the defendant had
1:54:50
been consuming alcohol, which he acknowledges.
1:54:53
Johnson Ball, you should know better.
1:54:55
You can't let things bottle up. You can't just hold it in, hold
1:54:59
it in and then explode to where people are hurt.
1:55:03
Now, mind you, your spouse has prepared a letter that the court
1:55:07
has reviewed and read privately. Mother's letter in law is also
1:55:11
being considered and for lack of a better phrase, this is a very
1:55:15
sympathetic letter on your behalf.
1:55:17
So that's to your credit, but it doesn't excuse the behavior.
1:55:22
Drink mix. That's what this was about.
1:55:25
This is your 4th domestic violence conviction.
1:55:29
It will be the sense of this court going to be placed on a
1:55:32
term of probation for a period of three years.
1:55:34
Conditions of probation included.
1:55:35
Standard conditions not to violate any criminal law by
1:55:38
either government not to leave the State of Michigan without
1:55:41
prior approval or notifying the probation agent at least monthly
1:55:44
or such times and places the agent be required.
1:55:47
No use for possession of alcoholic beverages or other
1:55:50
toxicants. Cannot enter bars or other
1:55:52
places where the primary purpose is to serve alcohol for
1:55:55
consumption on premises. Easy to apply requirements of
1:55:58
alcohol Testing is directed by the field agent.
1:56:00
Follow all the rules pertaining to that.
1:56:03
Complete any substance abuse assessment.
1:56:05
Our patient or residential substance abuse treatment were
1:56:08
referred by the agent. Complete the anger management
1:56:10
program. How many times have you
1:56:12
completed that previously, Sir? I said two times.
1:56:16
Hopefully third time is charmed here Sir.
1:56:19
Waive confidentiality and allow treatment.
1:56:21
Programs are required to attend and disclose that information to
1:56:24
agent. No verbal, written electronic
1:56:27
contact or physical contact with anyone housed within an MDOC
1:56:31
facility without permission of the agent, obviously.
1:56:34
Likewise, no communication with anyone engaging in behavior that
1:56:37
constitutes a violation of any criminal law of government.
1:56:41
Paragraph 8 is stripping. Electronic monitoring program is
1:56:46
ordered as well. Comply with all rules pertaining
1:56:49
to that. No assault of abuse of
1:56:51
threatening or intimidating behavior.
1:56:53
You must not use any object as a weapon You cannot own, use or
1:56:56
have under your control or area control of weapon of any type.
1:56:59
Can't possess an imitation weapon.
1:57:01
Can't be around anyone that possesses those items.
1:57:04
We're to contact the supervising Field Agent who later in the
1:57:06
first business day following your placement on probation or
1:57:09
release from jail. Comply with all written and
1:57:11
verbal orders of the field agent.
1:57:13
Allow the agent to your residence at any time for
1:57:16
probation supervision where you're subject to a search.
1:57:18
Personal property, including when not limited to your home,
1:57:21
vehicle or computer without the need of a warrant.
1:57:23
If the agent is reasonable cause you items that violate the terms
1:57:26
of your probation. Any arrests please contact.
1:57:29
Loss of employment or change of residence must be reported to
1:57:32
the agent within 24 hours. You are to notify the field
1:57:36
agent if you are served for PPO within 24 hours of service.
1:57:40
Who are gainfully employed with the standard employment
1:57:43
provision will be ordered in this case.
1:57:45
Private assessment of $130.00 Probation supervision fee $30.00
1:57:50
per month. Regular 60 Electronic court
1:57:53
costs $200 Pay per month 500 two $100 payable through attorney
1:57:59
fee annually employed $400.00 in attorney fees will be ordered.
1:58:03
Payable at the rate of $23 a month.
1:58:05
State cost of $68 will be ordered.
1:58:08
Probation is authorized and empowered under statute to
1:58:11
affect your apprehension. Confinement of up to 72 hours on
1:58:15
reasonable positive items are then you violated the terms of
1:58:18
your probation? That is, if referred, you must
1:58:21
successfully complete any PA 511 programming based upon
1:58:24
eligibility, and it will be in the sense of this court that you
1:58:27
served 300 days in the county jail.
1:58:29
Credit for two days previously served.
1:58:31
You shall serve that time forthwith.
1:58:33
I have no objection to PA 511 programming or work release,
1:58:37
however, I must report with the Sheriff's Department guidelines.
1:58:41
The court does take into account your spouse's letter.
1:58:45
But Sir, you were off probation not even a month when this
1:58:48
incident arose, so you have to be held responsible and
1:58:51
accountable for it. All Financial core costs.
1:58:55
That is due and payable July 13th by judicial before the
1:58:58
defendant. He is right to seek leave to
1:59:00
appeal if he's financially enabled to provide counsel his
1:59:03
own choice. Court will assign health support
1:59:05
Health expense is to initial the receipt questionnaire form
1:59:08
requesting the assignment council, both of which must be
1:59:11
executed underoath and file with the court report. 42 days.
1:59:21
I. Apologize.
1:59:24
I wanted to ask if the court would consider a leader report
1:59:28
due for Mr. Johnsonbaugh. He gets paid biweekly and he
1:59:35
wasn't initially. Aware of all the public costs.
1:59:37
For work release so he. Was I would ask.
1:59:40
That if he'd be allowed to. Report after next Tuesday that's
1:59:45
the day that he would be pays next I would have to allow.
1:59:50
For house to your business, we leave it to the court
1:59:52
discussion. He has until Friday at 4:30.
1:59:56
He must report to the jail. Friday after work.
2:00:01
What time is his work scheduled? Then work end Friday.
2:00:06
He works from 5:00 AM till 3:30 here.
2:00:11
All right, let's report to the jail by 4:00 PM Friday.
2:00:15
That'll be off the. Right hour 3 of TCF live on this
2:00:21
beautiful Monday morning. We've had about 450 ish people
2:00:29
come by this morning. If you're new to us, do say good
2:00:31
morning to us in the chat. We're a friendly folk here.
2:00:34
Let's go over to Louisiana. We will check in with the parole
2:00:40
board. Good morning, Michelle Dozot,
2:00:44
Warden Dan. Danny Henshaw Classification.
2:00:47
Elizabeth Savage. Colonel.
2:00:49
Commissioner Evans, Major. Thank you.
2:00:55
And we have before us Mr. Walker.
2:00:58
Yes. Ma'am.
2:00:59
All right. Just singing by a moment.
2:01:01
We have some folks who are keen to recognize those.
2:01:04
Who are? There in on zooms.
2:01:07
OK. So we'll let everybody get
2:01:10
situated. So the way this will work, Mr.
2:01:14
Walker, is I'm going to read some identifying information
2:01:18
into the record. I'm going to ask you confirm
2:01:21
whether it is accurate or not. Your case this morning has been
2:01:25
assigned to Mr. Prater. You should see him on your
2:01:27
screen. So after I preliminary
2:01:31
verification, I'm going to turn it over to Mr. Walker and he'll
2:01:34
recognize your guests there and ask you some questions and hear
2:01:40
from the warden and then we'll hear from everybody that wants
2:01:43
to speak. So just stand by.
2:01:52
Are you ready for me, Madam Chairman?
2:01:54
So that we're still waiting. Here we go.
2:01:56
We're about ready to get started.
2:01:58
OK. Yeah.
2:01:59
Mr. Walker, you're here. Would you introduce yourself?
2:02:02
Tell us your name and DSC number.
2:02:05
Richard Walker 701732. All right, Mr. Walker, you're
2:02:10
here today seeking a commutation of your sentence, your sentence
2:02:14
in Jackson carriage November 2015 for three counts of
2:02:20
forcible rate and you received a 40 year sentence.
2:02:23
Is that information? Correct.
2:02:26
Yes, ma'am. Mr. Prager.
2:02:29
Mr. Walker, I hope you're doing OK today.
2:02:32
Yes, Sir. How are you?
2:02:32
Sure, I'm fine. I'm doing good.
2:02:35
I've got a couple of a couple of folks that want to speak and of
2:02:38
course one's on Zoom and two are there with you.
2:02:43
They're you're they're in support of you and they'll be
2:02:46
speaking in a moment. But then First off, want to hear
2:02:51
tell me what you did while you're there and what you what
2:02:55
you've done since you've been there.
2:02:57
That is going to make us of the opinion that you deserve to be
2:03:02
released early. And then I want to hear from the
2:03:04
warden about what kind of fella you've been.
2:03:07
Yes Sir, I am here for three counts of.
2:03:11
Forcible. Rape.
2:03:14
My, I've got a state statement I would like to to read if, if
2:03:19
that's OK with you. Insurance.
2:03:21
It's addressed to the parole board, correct?
2:03:24
Yes, Sir. Yes, Sir.
2:03:27
That'd be fine. OK.
2:03:28
I want to begin by first thanking the board for this
2:03:31
opportunity to come before you. First and foremost, I want to
2:03:35
say that prison has not only saved my life, but it's also
2:03:38
changed my life beyond words because I now have freedom
2:03:42
internally that I'd never would have thought possible.
2:03:46
Upon my sentence, victims impact statements were made and those
2:03:50
statements statements have stuck with me in the forefront of my
2:03:53
mind since day one. Through victims awareness I I
2:03:58
truly began to grasp the full measure of just how many lives
2:04:02
affected in the trauma that I inflicted.
2:04:07
I want to use this opportunity to show the board that I'm no
2:04:13
longer the man that I once was. I want everyone affected as well
2:04:18
as the board to know that I take full responsibility and
2:04:21
accountability for my actions because I know first hand how
2:04:25
much of an impact this has had not only on their lives, but
2:04:29
their mental health as well. While I know the words without
2:04:32
action are absolutely meaningless, I pray that through
2:04:36
me taking this step you can see the intent of my heart.
2:04:40
Prison has changed my life and I want to thank you from the
2:04:44
bottom of my heart because without prison I would not be
2:04:49
free whether physically or emotionally.
2:04:55
This experience has changed my life and I've I've wanted to to
2:05:02
express this for a while now. I know that y'all see this a lot
2:05:07
but I I no longer deny what I did.
2:05:13
I take responsibility because in order to bring closure for
2:05:17
everybody including my myself, a man has to take responsibility
2:05:23
for his actions. And from day one I have taken
2:05:26
class after class. Even though I don't get good
2:05:30
time, I still took classes, not for the fact of a parole board,
2:05:36
but to better myself. And I hope that shows.
2:05:41
Well, thank you. I appreciate that statement that
2:05:44
that checks for a lot of boxes. And we'll have some more
2:05:46
questions in a little bit. Warden, would you tell us what
2:05:49
kind of fellow Richard had been since he's been there?
2:05:52
Yes, Sir. He's been here since 2015, the
2:05:55
end of 2015. He hasn't had any rule violation
2:05:59
reports. He's not a behavioral problem in
2:06:02
any way. What?
2:06:03
Since he's been here, he's very active in our Chapel services.
2:06:06
He handles a lot of the music with our outside guests and does
2:06:11
a lot of that internally for the inmate population as well.
2:06:15
I've also seen him assist in mentoring some of the younger
2:06:20
and challenged individuals, you know, that are a little bit more
2:06:24
vulnerable to, to other, other scenarios.
2:06:28
And so he's kind of been able to, to help them just make sure
2:06:32
that they're not getting in anything they shouldn't be and
2:06:35
letting staff know if they need some assistance.
2:06:37
So he's no behavioral problem. He is an active leader and
2:06:41
member in our, in our Chapel services.
2:06:43
He's also completed the entire sex offender treatment program,
2:06:48
Living in Balance, victim awareness, and I think every
2:06:52
every class that we've offered here, OK.
2:06:56
All right. Thank you very much.
2:06:57
We appreciate that board. We value your input.
2:07:00
OK, let's hear from Yeah, I think your father, your sister
2:07:05
and your mother are going to be speaking this morning.
2:07:07
Your father and your sister are there.
2:07:10
Let's get your mother out of the way from the Zoom and then we'll
2:07:13
move back to the room there. So Miss Debbie Russ, the is the
2:07:18
mother of Richard Walker. Would you talk to us on Zoom
2:07:22
please? Yeah, if I can get this your
2:07:25
camera to work right. Hey everybody.
2:07:29
Good morning. How are things going give?
2:07:32
Your statement give your statement Your statement we.
2:07:36
Can hear you fine. OK, I'm not exactly sure what
2:07:39
I'm supposed to say. You're supposed to say
2:07:42
whatever's on your heart that's going to cause us to want to
2:07:46
feel like that. He's done the appropriate steps
2:07:48
to be released early. OK, I have been amazed at the
2:07:54
change in this young man's life since he's been walking, the
2:08:00
journey that he's walked, I've seen a tremendous change in him.
2:08:05
I've seen him go from a from a young man or a young boy
2:08:10
actually to a man making decisions that have not been
2:08:14
very easy. And he's been very quick to to
2:08:19
share things with me that he didn't have to share, but he's
2:08:24
trying to to stay honest and he's trying to do things that
2:08:30
need to be done and not only. That but I've.
2:08:33
Also seen a tremendous change in his heart and his walk with the
2:08:36
Lord and that has meant a lot to me.
2:08:40
I do know that there are things in life that can't be, can't be
2:08:48
changed and can't be reconciled. But you know, God, God is a God
2:08:54
of forgiveness and God of a God of mercy and a God of grace.
2:09:00
And I've just, I've seen a tremendous change in him.
2:09:05
I've seen him go through things and endure things, things that
2:09:11
have happened to him in the past.
2:09:13
He's had to work through and, and walk through as we as a
2:09:16
family have done and loved and supported him.
2:09:21
And I'm just, I'm encouraged to just to go with him from here to
2:09:26
see what God has in store for him.
2:09:30
Thank you. Thank you for the chorus.
2:09:31
We appreciate that. Thank you very much.
2:09:33
OK, we're here now. We'll move back to headquarters
2:09:37
there, David Wade to the room there.
2:09:40
And we'll hear from Mr. James Walker, the father, and then
2:09:45
we'll hear some from Alicia Walker, the sister.
2:09:48
So, Mr. Walker, would you talk to us, please?
2:09:51
Yes, I am James Walker and I am, I'll refer to him as Daniel
2:09:56
because that's what I've called him since he was born.
2:09:59
So Daniel and I didn't have the opportunity to bond in his young
2:10:06
adult or pre adult years. His mother and I divorced and we
2:10:11
didn't have a closeness that I look back and say I wish I had
2:10:15
as a mother. Then my career took me far away
2:10:18
to New Jersey. When he reached young adulthood,
2:10:22
it was as soon after that that Daniel was in prison.
2:10:26
That's when we began to bond, and he started communicating
2:10:30
with me as a dad and recognizing that some of the things that I
2:10:35
had done in my life were not easy, but I had accomplished
2:10:38
those, and he seemed to want to learn.
2:10:40
How do you work through that? What I've seen is a young man
2:10:45
who has acknowledged some really, really bad choices and
2:10:49
some bad behaviors. I did not know that he had a
2:10:53
serious alcohol and drug free prison, and I've learned that
2:10:58
he's acknowledged that and knows that that is something that
2:11:03
affected his behavior, his thought process and kept him
2:11:06
from moving full. What I've seen in the years that
2:11:10
he's been here is he has begun to understand what it is to be
2:11:14
an adult, what it is to take responsibility, what it is to
2:11:18
set goals. And he's taken the work that
2:11:21
he's done here with the Chapel and, and the things that he's
2:11:24
been allowed to participate in seriously, like a career and use
2:11:29
those things to learn how to hopefully someday when he gets
2:11:34
out of here, build a lot. He also has talked with me and
2:11:38
acknowledged that building a life outside of here will be
2:11:42
very different than it would have been had he'd ever been
2:11:45
here. That's going to be a a challenge
2:11:47
for him. But he understands that to do
2:11:49
that, he's going to have to accept that his life here and
2:11:54
his record is going to limit some of his abilities.
2:11:58
And I think he's prepared to do that.
2:12:00
We've talked about goals and housing and and financial
2:12:04
responsibilities, and Daniel was never a financially responsible
2:12:09
person. I think his mother can probably
2:12:11
attest to that as well. But one of the things that he
2:12:15
did that Willie has stuck with me is when the COVID release
2:12:19
money was given to inmates, he kept a small portion that I had
2:12:23
to take care of things without asking me for money.
2:12:26
And he had the prison send me a check to put that aside so that
2:12:30
someday when he got out, he had at least a start to put things
2:12:34
together. And, and he's never asked for
2:12:36
that money for anything. And he set that aside.
2:12:39
So he's got a goal and he, he seems to have at least the
2:12:43
basics of a plan. And they've taught him, taught
2:12:46
him so much about being a responsible and, and, and
2:12:50
regimented person and how to build a schedule and set some
2:12:54
goals. And, and I believe that he can
2:12:56
take that outside of these walls and figure out how to navigate
2:13:01
as a responsible and a person who's accepted his behavior has
2:13:05
changed his life. Honestly, I have to say it hurts
2:13:09
that I didn't get to be a part of what you guys created in my
2:13:13
son, but I'm so proud that he stepped up and and became that
2:13:17
person. Good, Very, very good words from
2:13:20
the father. We appreciate that.
2:13:21
Let's talk to the sister now. Miss Alicia Walker, would you
2:13:26
talk to us and tell us what's on your mind?
2:13:28
Well, I've seen a lot of change and Daniel, I'm sorry, I'm
2:13:32
emotional. I've seen a lot of growth in him
2:13:38
with his thought processes and his local life.
2:13:44
I agree with him that prison did save his life.
2:13:48
I'm proud of the man that he has become and I will always be
2:13:53
there to encourage him and support him.
2:13:56
I would, you know, he's, he's done a lot.
2:14:00
He's taken every advantage that he can and taking classes and
2:14:05
becoming an integral part of the Chapel here.
2:14:09
And he's grown a lot. And I'm just proud that he took
2:14:16
advantage and became a different man and a better man because the
2:14:21
decisions that he made let him here.
2:14:23
And I don't think he would be here without having been sent to
2:14:28
prison. All right.
2:14:33
Well, thank you, ma'am. Appreciate those, those words
2:14:36
from, from your sister. Now before we circle back around
2:14:40
and talk to you, Mr. Richard Walker, we, I'd like to ask,
2:14:45
could we have a, an executive session to discuss some, some
2:14:49
other matters in this case and and then we'll come back.
2:14:54
Could I have a motion? Yes, Sir.
2:14:57
We have a motion by Misses Stapleton.
2:14:58
Can you call the roll please? Renasa.
2:15:01
Yes. Freeman.
2:15:03
Yes. Prayer, yes.
2:15:08
Yes. So we'll be in executive session
2:15:11
for a few moments to discuss confidential matters.
2:15:13
Stand by, we'll be right back. All right, we will come back to
2:15:18
the board after they exit their executive session, but in the
2:15:20
meantime, let's go back to Judge Stevens because it looks like
2:15:24
Charles Manson is making a return visit.
2:15:28
So let's see what that's all about.
2:15:41
This is Xavier disservice one call Ian 24 CR 1941 is called
2:15:57
the state of faxes versus Xavier EN Aguiar and that is you
2:16:02
correct Mr. Aguiar. Yes, Mr. Judge.
2:16:05
Present with your attorney, Mr. Vasquez and the State's
2:16:09
Attorney. Does the defendants wave a
2:16:11
formal reading of this indictment and arraignment here?
2:16:14
Can we proceed in separate? Yes, Sir.
2:16:17
In summary, Jaguar, this indictment alleges in paragraph
2:16:21
one. Are we just doing paragraph one?
2:16:23
The only. Paragraph.
2:16:24
One paragraph, one that alleges that on or about July 29th,
2:16:31
2024, Jefferson County, Texas, you committed the third degree
2:16:36
felony of assault on a public servant, namely a Jefferson
2:16:40
County Corrections officer. Do you understand what you're
2:16:44
charged with here, Sir? This is a third degree felony
2:16:50
convicted. You face no less than two normal
2:16:52
10 years confinement in prison and a fine up to $10,000 can be
2:16:57
assessed. Do you understand that?
2:16:59
Yes, Sir. Agreements been reached in your
2:17:02
place that you would be pleading guilty and sentenced to five
2:17:08
years in prison and you would be given credit for all time you
2:17:14
have served in accordance with that case.
2:17:17
Is that your understanding if I follow this an agreement?
2:17:22
Sir, you have no right of appeal of your case, Do you understand?
2:17:26
I understand, Sir. How do you plead to discharge,
2:17:29
Sir? Guilty or not guilty?
2:17:30
Guilty. Are you pleading guilty
2:17:33
voluntarily? That is on your own free will
2:17:37
and because you are guilty, correct?
2:17:40
Sir, I'm going to show you what's marked as State's exhibit
2:17:42
One there. Did you sign that document,
2:17:44
understand it, discuss it with your attorney?
2:17:47
Are the contents all true and correct?
2:17:49
They're all true and correct. State's exhibit 1 tendered into
2:17:51
athletes subject without objection.
2:17:53
The states you were mentally competent to enter your guilt of
2:17:56
plea. It's freely involuntary many you
2:17:58
know what you've been charged with.
2:17:59
The indotments been great for you.
2:18:00
You credit you guilty of the client charge than the anti
2:18:04
lesser included offenses. You're giving up your rights to
2:18:07
a jury trial and the rights of the appearance confrontation,
2:18:09
cross examination of witnesses totally satisfied with the
2:18:12
representation provided by your lawyer.
2:18:14
All of this is true. It states so help you God states
2:18:17
Exhibit 1 is made a part of the record for all purposes.
2:18:20
Pre sentence report is waived. If nothing further by everybody.
2:18:24
I'm going to follow this agreement Mr. Agnew.
2:18:26
I'm going to find Sir that you are pleading guilty today
2:18:29
voluntarily. You're mentally competent to do
2:18:31
so. You understand and appreciate
2:18:33
the consequences of pleading guilty.
2:18:35
There's sufficient evidence supporting your guilty plea from
2:18:37
State's Exhibit 1, admitted here to find you guilty beyond a
2:18:40
reasonable doubt, and I now find you guilty beyond the reason to
2:18:44
doubt of this third degree felony as indicted of assault on
2:18:47
a public servant. I'm following this agreement.
2:18:50
You were hereby sentence to confine it in the institutional
2:18:53
divisions of the Texas Department of Criminal Justice
2:18:56
Prisons for a term of five years and you will be given credit for
2:18:59
all time you have served. Do you understand what has
2:19:02
happened today, Sir? Yes.
2:19:04
Anything else that's good luck. That is all if thank you.
2:19:07
No. So okie, dokie friends, let's go
2:19:12
back to the board. It looks like they're exiting
2:19:15
their executive session now. We're ready for a regular
2:19:19
session without objections. It's 937.
2:19:23
We'll be returned session. Mr. Prider.
2:19:28
Mr. Prider, we're back in regular session.
2:19:33
OK. All right.
2:19:36
Madam Chairman, I am somewhat handicapped here and so I would
2:19:41
turn it back over to you to conclude.
2:19:45
I have no other questions of anyone, no other procedural
2:19:49
matters. So I'd make a motion.
2:19:50
We go back into regular session. All right.
2:19:52
Yes, Sir. Without objection.
2:19:54
We are in regular session. So are there any other questions
2:19:58
for Mr. Walker? I don't see any.
2:20:02
Questions by any board members. So, Mr. Prater, I think we're
2:20:05
ready for your vote. Mr. Walker, I appreciate the
2:20:09
things you said in your interview and I think I
2:20:12
appreciate the growth that you've experienced and the, the
2:20:16
ownership of the crime, the victim awareness that you've
2:20:20
displayed. However, I think that because
2:20:23
you took a a plea bargain of three of 10 counts that were
2:20:28
offered that you you took a plead guilty to three of the 10
2:20:32
counts. And because you got a 40 year
2:20:35
sentence, I don't think that you've served enough time in 10
2:20:38
years or or 12 years of that 40 year sentence to be.
2:20:43
Up for parole? Or allowed out on parole with
2:20:46
the type of crime that you committed.
2:20:48
I want to wish you well, keep going and doing like you're
2:20:51
doing. But at this time, my vote, my
2:20:53
personal vote, is that your parole be denied.
2:20:57
Mr. Freeman. I concur with Mr. Prater the
2:21:01
heinous nature of the crimes and only serving 12 years.
2:21:06
I hope he keeps doing what he's doing but it in my opinion it's
2:21:09
not time for him to be out. So my vote is to deny.
2:21:14
Mr. Ellis, due to a strong law enforcement convicted my
2:21:19
position, my vote's going to be to deny.
2:21:21
He's. State OK.
2:21:26
Mr. Walker, according to the numerous victims that you had,
2:21:32
child victims, you were a child sexual predator and I have to
2:21:39
consider you a continued threat to society.
2:21:42
Your pattern of behavior was that you were a trusted
2:21:44
individual, which that's what falls in line.
2:21:48
With the child section. Predator, you've only served
2:21:51
about 1/4 of your plea bargain, which it was a heinous crime.
2:21:58
So because of the heinous nature of the crime, not enough time
2:22:02
served law enforcement and victim opposition.
2:22:09
My vote today is to deny, right? Mr. Walker, you received 4 votes
2:22:15
to deny your your application for clemency.
2:22:18
So that's the outcome of today's proceedings.
2:22:21
I do appreciate the positive remarks by Warren Dozak and the
2:22:25
work that you've done with the Chapel and, and the work you've
2:22:29
done on yourself. Keep that up.
2:22:31
But today your application for clemency is denied, Sir.
2:22:35
Yes, ma'am. Denied.
2:22:39
And I don't think anybody here in this group probably feels bad
2:22:43
about that. Let's go back to Texas and Judge
2:22:47
W spend a little time there. Davis Yes, ma'am and we are
2:22:51
client with the formal reading of the indictment.
2:22:54
Miss Davis and cost #25 DCCR 1450 you're charged with a
2:22:59
second degree felony offense of assault on a peace officer and
2:23:03
that's from May 19th of 2025. And how do you plead to that
2:23:07
charge? It is reduced.
2:23:09
Oh, I'm sorry, stop me before I get too far.
2:23:14
Hold on a second. Let me withdraw everything I
2:23:16
just said. So it's the Class A, Just a
2:23:19
regular assault? Resistance is nest.
2:23:22
All right, let's pull that right now.
2:23:24
All right, so let's say this in 'cause number again, 251450, the
2:23:32
state's elected to proceed on the lesser included offense of a
2:23:35
Class A misdemeanor resisting arrest.
2:23:38
And that's for May 19th of 2025. And how do you pleaded that
2:23:41
charge? Guilty.
2:23:42
Are you pleading guilty freely and voluntarily?
2:23:45
And are you pleading guilty because you did what they've
2:23:47
charged you with? Yes, I have here on the tablet
2:23:50
some documents that have your signature on them that the
2:23:52
States marked as exhibit #1 Before you sign these, did you
2:23:56
go over them with Mr. Lewis? Yes, ma'am.
2:23:58
Do you fully understand them? Yes.
2:24:00
And do you understand if I follow the agreement that you've
2:24:02
made with the District Attorney that you'll be waiving or giving
2:24:05
up any right to appeal? Yes, ma'am.
2:24:07
And it looks like the agreement is for a one year deferred
2:24:10
probation. There would be a $500 fine and
2:24:13
you would be required to follow all of the rules and conditions
2:24:16
of probation. Is that your understanding?
2:24:18
Yes, ma'am. And are you AUS citizen?
2:24:20
Yes. State tunes.
2:24:21
Number one. It's admitted.
2:24:23
Is there any evidence that Miss Davis is not competent?
2:24:25
All right, ma'am, I'm going to find that you entered your plea
2:24:28
of guilty freely and voluntarily.
2:24:30
Find that you're mentally competent and understand the
2:24:32
nature and the consequences of your plea.
2:24:35
Find sufficient evidence to find you guilty.
2:24:37
However, I'm going to follow the agreement that you made with the
2:24:39
District Attorney and defer all proceedings and place you on
2:24:42
probation for one year. You're ordered to pay that $500
2:24:45
fine and to follow all of the rules and conditions of
2:24:48
probation. If you do that, this is a great
2:24:50
opportunity because you have a conviction on your record and at
2:24:54
the end of the probation, if you successfully completed the case,
2:24:57
will actually be dismissed and you'll never have the
2:24:58
conviction. The other side of that, though,
2:25:01
is if you violate any condition of probation, you can be brought
2:25:04
back into court. You could be found guilty of the
2:25:06
offense, and you could be sent to the Jefferson County Jail for
2:25:09
up to one year. I understand.
2:25:11
All right, I've handed you the trial court certification that
2:25:14
shows you've waived your right to appeal since I followed the
2:25:16
agreement. You need to stop and talk to
2:25:19
probation or have a seat in the courtroom until she's ready to
2:25:22
call you up. She's at that desk right there,
2:25:24
so just watch for her to call your name.
2:25:25
She'll go over to paperwork with you.
2:25:26
All right, Bless you, ma'am. Thank you.
2:25:29
All right, we've got Eric Segres.
2:25:30
Are y'all ready on that? All right, Mr. Lewis, it's a
2:25:34
sentencing. Judge, I guess full because this
2:25:39
one was reset from the sentence, previous sentencing was rejected
2:25:44
or had us come back. He hasn't told me this morning
2:25:48
he's paid Mr. Kemmler and wanted to review everything with him
2:25:54
prior to things being formalized.
2:25:57
I just want to let the court. Well, we have.
2:26:01
We reset it so that the victim could be here.
2:26:05
It's my understanding that she's here today.
2:26:07
I'm not inclined to reset it again.
2:26:09
I don't know if Mr. Kimler's intended to be here today, but
2:26:15
he hasn't filed anything with the court.
2:26:17
Is this in consultation for Thursday?
2:26:20
No, we're going forward today. We're going to go forward.
2:26:24
So obviously your case has been pending for some time.
2:26:28
Mr. Lewis worked out a probation deal for you.
2:26:32
I just want before we go forward that I wanted to reset the case
2:26:35
so that I could hear from Miss Munoz with regard to some of
2:26:41
those allegations about contact. So this is 25 DCCR 1836.
2:26:49
So we were previously here. Mr. Secrets entered a plead of
2:26:52
guilty to the second degree felony offense, a burglary of a
2:26:55
habitation. The agreement was for 10 years
2:26:57
in prison. That would be probated for five
2:27:00
years with a $500 fine, conditions that would go along
2:27:03
with that. And we've already been here on
2:27:06
sentencing once. You guys both have had an
2:27:08
opportunity to review the pre sentence report.
2:27:10
Any other additions, corrections to that report?
2:27:14
Now other than the issue with regard to some of that contact
2:27:19
allegations, is there any reason not to go forward?
2:27:22
Anything else? All right, so if you'll get, you
2:27:26
know, as you can question her, start standing over here.
2:27:30
I'm sorry. No, no, right here.
2:27:32
Just he just kind of stay right here.
2:27:33
Don't more. Would you please raise your
2:27:34
right hand? Do you swear to affirm the
2:27:36
testimony you're going to give in this hearing will be the
2:27:38
truth, the whole truth and nothing but the truth?
2:27:40
Yes. Thank you, ma'am.
2:27:41
You can put your hand down, Mr. Smith.
2:27:43
OK. Would you state your name for
2:27:45
the record and spell your name for the court?
2:27:48
Carla, Gisella, Munoz PERLA, GISELA, Monos, Benyu and O 6.
2:27:55
And you were the victim of the burglary.
2:27:59
Of the habitation. That we're here in court for
2:28:02
today, correct? Would you describe to the court
2:28:04
the relationship that you had with the defendant?
2:28:07
Is my children's mother. Ex.
2:28:09
Boyfriend. How long were y'all together?
2:28:11
15 years, maybe 14-15 years. How long before this did y'all
2:28:16
break up? It's always on and off.
2:28:18
It's never really a just an on and off thing.
2:28:22
As far as intimate relationship. Correct.
2:28:26
Do you plan on staying with this defendant?
2:28:28
No. When's the last time you were
2:28:31
with this defendant? The last time I seen him,
2:28:34
communicated with him Don't talk, it was on his birthday on
2:28:38
December 13th, 2025 was the last time I've come out with him.
2:28:43
And you came to our office and you spoke to me and Miss
2:28:46
Kendrick before this case played.
2:28:50
Is that correct? I don't recall.
2:28:52
You don't remember coming into the office.
2:28:53
I remember. Coming in, I don't know if it
2:28:54
was before or after. I remember I spoke with.
2:28:58
Y'all. OK.
2:28:59
And then you remember being contacted by the probation
2:29:02
department when they were preparing the report for this.
2:29:06
And since the time that he pled and got out of custody, has
2:29:11
there been any issue with the defendant?
2:29:15
I've had some vandalism going on at my apartment.
2:29:19
My vehicle. My apartment got spray painted
2:29:22
and where I used to work at up the road it got spray painted as
2:29:26
well with my name. OK, so a place that you used to
2:29:29
work when he last had contact with you, correct?
2:29:33
Yes. So the place that you used to
2:29:35
work, the apartment that you live in and your vehicle.
2:29:39
Has been vandalized. Since.
2:29:41
Would you describe that vandalism for the court?
2:29:43
So I have like 2X's on my apartment right next to my door.
2:29:47
I had two X's on my vehicle and at the car wash there was by
2:29:51
name spray painted with 2X's and it also said TikTok with a rose
2:29:57
or a flower right next to it. And all that was after you came
2:30:02
to the district attorney's office and.
2:30:04
Spoke yes. So those marks that were they
2:30:08
virtually identical in all three of those places with the
2:30:11
addition of the flower and the TikTok in your name at the place
2:30:17
of employment, Yes. Your formal placement.
2:30:18
Yes, they all had the. Same like 2X's symbols on them.
2:30:22
Did you go to that place of employment after those?
2:30:26
Marks were put. Yes, I went up there because
2:30:30
well one of my Co workers had my phone number and send me a
2:30:34
picture of it and it was the same spray paint that was spray
2:30:38
painted on my vehicle and my car in my vehicle and my apartment.
2:30:42
Same color. Same color.
2:30:45
Did you have an opportunity to observe the surveillance video
2:30:49
at the car wash? Yes.
2:30:52
Did you see the person putting those marks?
2:30:55
At the car wash. Yes, I saw the whole video.
2:30:59
They had video. Everyone, do you see?
2:31:01
The person in the courtroom here today that was doing that
2:31:05
damage, at least at the car wash I.
2:31:07
Yes. Who was?
2:31:09
Did you point to him? I'd identify an article clothing
2:31:11
that he's wearing. Here the the record rules like
2:31:13
she's identified the defendant, Mr. Seacrest.
2:31:16
Do you did you have any problems with anything like this before
2:31:22
he was released from custody? No.
2:31:24
I didn't have any. Issues and what do you want to
2:31:29
have? I just want to live my life and
2:31:31
do and just move on. I don't interact or try to you
2:31:37
know, make him upset or anything.
2:31:39
I just avoid him with all contacts.
2:31:43
And you have children with you, so y'all will have to have some
2:31:46
kind of contact. We could.
2:31:49
There's other ways to work around that with a sister or his
2:31:51
mother. We don't have to have any
2:31:53
contact. So you just start requesting
2:31:55
from the court, no contact whatsoever.
2:31:57
Yeah, I want no contact. Any questions of the witness?
2:32:00
No, you don't get the next question.
2:32:02
Just. Briefly.
2:32:03
Go ahead. You say you saw the.
2:32:05
Surveillance video from the car wash and you now describe from
2:32:09
you know, that was just of planning with your name and the
2:32:12
2X's That's correct. Spray paint, yes.
2:32:15
Right. Was there any video surveillance
2:32:18
for this? Scandalism.
2:32:21
To your property. No, I don't think my camera
2:32:24
caught it on time, but I did have neighbors a few doors down
2:32:29
that said that they saw him. That was the only people that
2:32:31
told me that they saw. Him, OK.
2:32:33
So other than if you say a few neighbors, there's no direct
2:32:36
evidence that any potential damage.
2:32:39
From. Sustainable passwords.
2:32:41
Anything else? Thank you, ma'am.
2:32:43
You can go have a sage. So, sister is she?
2:32:47
Can she be excused? Sure.
2:32:49
Yes, ma'am. All right, Mr. Smith.
2:32:54
Thoughts. Judge, based on his criminal
2:32:57
history and the acts after he got out of custody, I'm
2:33:01
reluctant to go along with the deal, although the defendant
2:33:05
mainly has told me in conversations outside of this as
2:33:09
well as today. The witness.
2:33:11
The witness that she just wants to be free of him and not have
2:33:15
any contact whatsoever with you. Mr. Lewis.
2:33:18
Lewis, I think. Even from the the witness there,
2:33:22
there think there's enough vehicles there that any contact
2:33:25
that they make would normally would have to have with each
2:33:29
other in regards to their children.
2:33:30
There are other people they could be the can step into place
2:33:33
of that. So they can't, they won't have
2:33:36
to have any contact and I believe of course some type of
2:33:41
no contact or anything, you know, as a condition of
2:33:43
probation. No contact and we've at least
2:33:46
got, I mean, these allegations of the vandalism give me a lot
2:33:52
of concern. So obviously there's looks like
2:33:57
he's on camera on one of them. And it would be highly unlikely
2:34:01
that he's on camera with the same color spray paint, painting
2:34:05
the same things and not the one that did the car and the house.
2:34:09
That doesn't make any sense. So the fact that he was at her
2:34:13
house where he wasn't supposed to be, at a work where he
2:34:17
shouldn't have been, and vandalizing those things is very
2:34:21
concerning and not something that I think is indicative of
2:34:25
somebody who wants to have a relationship with his three
2:34:28
children because he can't follow the rules while he's waiting on
2:34:33
court on a second degree felony where he'd go to prison for 2 to
2:34:36
20 years. Does that make sense?
2:34:38
Yes, ma'am. So all this, I mean, what good
2:34:42
does vandalizing and putting her name out there?
2:34:45
What, what good do you think that's going to do?
2:34:46
I. Mean, I've never vandalized
2:34:48
finding herself. Anything I've ever done for her
2:34:51
was to help her. When Like when?
2:34:52
So you're saying that it's not you on camera?
2:34:55
I looked at the video, she sent the video to my sister.
2:34:58
The guy that had the spray paint was spray painting with his
2:35:01
right hand and I like I saw the video and like.
2:35:04
So some random guy out there is doing all this and not you?
2:35:08
There was another. Guy, there was.
2:35:10
Another guy that went by her apartment.
2:35:12
Stop. Here's what I'm going to do, Mr.
2:35:14
Secrets. I'm going to I'm going to I'm
2:35:18
going to follow the agreement, but I am going to order
2:35:21
condition so that we can have hopefully some better thinking
2:35:25
processes going on at some point.
2:35:28
So what I'm going to do, Mr. Secrets today is find that you
2:35:31
enter your plea of guilty freely and voluntarily.
2:35:33
Find sufficient evidence to find you guilty.
2:35:35
And at this time follow the agreement and find you guilty of
2:35:38
burglary of a habitation. Sentence you to a term of 10
2:35:42
years in prison, but probate that you'll be on probation for
2:35:44
five. You're ordered to pay the $500
2:35:47
fine and you're ordered to follow all of the conditions of
2:35:51
probation. One of those is that you are
2:35:54
going to enter and successfully complete the cognitive track of
2:35:57
the ISF program. You will go into custody today.
2:36:01
It is a 90 day program. And then when you get out,
2:36:04
you'll be on probation required to follow all of the same rules
2:36:07
and conditions, which include having absolutely no contact or
2:36:11
communication with Miss Munoz. And that I'm also going to order
2:36:17
as soon as you're out that you have to have AGPS monitoring
2:36:20
device on at all times. If it's not charged, if it's
2:36:24
taken off, I will find out immediately.
2:36:27
There will be a warrant for your arrest and you will be back in
2:36:29
here with a motion to revoke and look at it.
2:36:31
Going to prison for that 10 years that you just agreed to.
2:36:33
Do you understand? I'm going to hand you trial
2:36:37
court certification shows that this was an agreement that I
2:36:41
followed. And so you have waived your
2:36:42
right to appeal. I'm also handing you a written
2:36:45
admonishment regarding your ineligibility to possess a
2:36:48
firearm or ammunition. Because of the judgment entered
2:36:51
against you, you're ineligible under Texas law to possess a
2:36:54
firearm or ammunition. Possession of a firearm or
2:36:57
ammunition could lead to charges against you.
2:36:59
Firearm is a legal term. If you have questions, talk to
2:37:02
Mr. Lewis about that. And if you have any questions
2:37:06
about how long it lasts or, or what the rules are, you can talk
2:37:09
to him. All right, you can go back with
2:37:11
the bailiff. All righty friends, let's head
2:37:13
across the hallway to Judge Stevens, and I believe we'll
2:37:16
finish our day off with him. Mr. Yanks.
2:37:22
There he is. Got you on these.
2:37:34
Should be on both or one. We're cleaning on 2, dismissing
2:37:36
1. There's three.
2:37:38
Really. There's some down.
2:37:39
Should be 3 cases. No, no, it's OK.
2:37:45
I thought you what I'm holding there.
2:37:49
I don't know if you know. Patterson, Patterson, Sanchez,
2:37:54
Hassan, Bailey, Madison and Madison.
2:37:58
Bumbona Dias. No.
2:38:00
Honda. Are you sure?
2:38:17
I have 20. 4354 and 355. 0093 that's.
2:38:31
Message. No, that's all I have.
2:38:33
This is Travis Jackson, right? Yes.
2:38:35
No, there's only two cases. I have a 24.
2:38:38
BCCR 0093. I don't have.
2:38:41
That's not on this docket. It's just 354 and 355 on the
2:38:46
docket. What's that other one all about?
2:38:52
What is? See, I've got a salt and take
2:38:55
in. Separated from the other one
2:38:57
strategic place but. What are?
2:39:00
We going to do with it that third one.
2:39:03
That's the one employee. That's the one that's not.
2:39:04
The main ones. Turn the volume off 1st.
2:39:09
We are back on the record. We have 3 cases, the state of
2:39:13
Texas versus Travis Jackson. And.
2:39:17
First one we will deal with is 24 CR 354.
2:39:20
Does the defendant wave a formal reading?
2:39:22
Of the indictment and arraignment.
2:39:24
Here, can we proceed with the same?
2:39:25
Yes, sure, please. In summary, this indictment
2:39:28
alleges that on or about January 18th, 2024, in Jefferson County,
2:39:33
Texas, you committed the second degree felony of assault on a
2:39:37
peace officer. Do you understand what you're
2:39:39
charged with here? Yes, Sir. 3rd degree felony
2:39:45
means you face a term of not more than 10 years or less than
2:39:48
two years in prison. In addition, a fine may be
2:39:50
assessed not to exceed $10,000. Do you understand?
2:39:53
Yes, Sir. Agreements been reached where
2:39:55
you would be pleading guilty and sentenced to five years in
2:39:58
prison to run concurrently with 24 CR 73 and another case, 24 CR
2:40:07
355 will be dismissed. Yes, Sir.
2:40:10
Is that your understanding of the problem?
2:40:12
Yes, Sir. If I follow this agreement, you
2:40:13
have no right of a feel of your clothes.
2:40:15
Do you understand? All right.
2:40:17
How do you plead to this? Guilty or not guilty?
2:40:20
Pleading guilty voluntarily and depressedly or guilty?
2:40:25
That's a question. Yes, there you go, Be guilty and
2:40:28
because you are guilty, correct? And 93 is the other one.
2:40:37
Yes, Sir, yes. 24 CR 93 was called.
2:40:41
Does the defendant waive a formal meeting of this invite?
2:40:45
Can we proceed himself? Yes, please, John, in summary.
2:40:49
This alleges in paragraph. One that on or about November
2:40:52
29th, 2023 in Jefferson County factions you committed a third
2:40:56
degree felony of abduction or retaliation that says.
2:41:02
That. You intentionally are not only
2:41:04
threatening to harm another by an unlawful act, namely assault
2:41:08
and or murder in retaliation 4 or on account of the status of
2:41:13
the victim, a person who had reported the occurrence of the
2:41:16
five. Do you understand what your
2:41:17
choice is? Yes, Sir, This is a third degree
2:41:21
felony. Again, if convicted of a third
2:41:24
degree felony, you face no less than two, no more than 10 years
2:41:33
confinement in prison and a fine up to $10,000 can be assessed.
2:41:38
Do you understand that? Yes Sir, and an agreement here
2:41:42
in this case shows that soon you would be pleading guilty,
2:41:47
sentenced to five years in prison to run concurrently with
2:41:50
the priests pleading case and again 24 CR 355 would be
2:41:57
dismissed. Yes Sir, if I follow this
2:41:59
agreement, you have no right of appeal to you.
2:42:01
I understand. Yes Sir.
2:42:02
Have you pleaded this charge in 93 third degree felony of
2:42:07
obstruction, retaliation, guilty or not guilty?
2:42:10
Yes. Are you pleading guilty
2:42:13
voluntarily? That is on your own free will
2:42:17
and because you are good. Yes.
2:42:19
I'm going to show you in each of these cases what's marked the
2:42:22
state's exhibit one. Did you sign those documents
2:42:24
voluntarily understanding, discussing with your attorney?
2:42:27
Are the contents altering correct.
2:42:29
State's Exhibit 1 tendered into evidence in each of these cases.
2:42:32
No Judge without objection, admit the states you're mentally
2:42:35
competent to enter you're guilty pleas.
2:42:36
They're freely and voluntarily made.
2:42:38
You know what you've been charged with the indictments
2:42:39
been read to you and you read them.
2:42:41
You were guilty of the crimes charged in any lesser included
2:42:43
offenses. You were giving up your rights
2:42:45
to a jury trial and the rights to your parents confrontation,
2:42:48
cross examination of witnesses, totally satisfied with the
2:42:51
representation provided by your lawyer.
2:42:53
All of this is true. So help you God.
2:42:56
Yes Sir. In each case they exhibit one
2:42:57
for the record for all purposes without objection.
2:43:01
Is this so presentence reports are waived.
2:43:03
Yes, please. On each of these cases, 24 CR 9,
2:43:08
three, the third degree felony of obstruction or retaliation,
2:43:11
and 24 CR 354, the second degree felony of assault on a peace
2:43:17
officer. I'm going to follow these
2:43:20
agreements and find that you, Travis Nicholas Jackson, in each
2:43:24
of these cases you have pleaded guilty voluntarily.
2:43:27
You're mentally confident to do so.
2:43:28
You understand and appreciate the consequences pleading
2:43:32
guilty. There's sufficient evidence
2:43:33
supporting your guilt of plea, which in these cases for states
2:43:35
Exhibit 1 admitted to find you guilty beyond a reasonable doubt
2:43:39
of these offenses. I now find you guilty beyond a
2:43:42
reasonable doubt of the offenses.
2:43:46
Third degree felony of obstruction or retaliation and
2:43:49
24 CR 9 O3 and the second degree felony assault on a peace
2:43:54
officer and 24 CR 354 and I'm following these agreements.
2:43:59
You were hereby sentenced in each of these cases to
2:44:01
confinement in the Institutional division of the Texas Department
2:44:05
of Criminal Justice to serve eternal five years in each of
2:44:08
these cases. The sentences shall run
2:44:10
concurrently. The you understand what has
2:44:13
happened today, certainly in each of these cases.
2:44:16
Yes, Sir. OK, I've got a dismissal in one
2:44:27
of these, right? Yes, Sir, and I'm doing it right
2:44:30
now. For her, you're leaving now.
2:44:37
I think she's got to do the files there.
2:44:41
We go. Did you get it?
2:44:53
Nothing yet. She sent a dismiss at.
2:44:58
All. One, of course CR355 is you're
2:45:03
not dismissed. I think that takes care of
2:45:06
everything it does all. Righty friends, and that takes
2:45:12
care of our programming for this morning.
2:45:14
Tot. By the way, I forgot to thank
2:45:15
you for that other gifted membership and Moon,
2:45:17
congratulations on receiving it. That hardly happens.
2:45:21
It very rarely happens where somebody who is live in the chat
2:45:24
gets gifted a membership. We'll be back tonight over it in
2:45:28
the blind with Mike and Dan. 7:00 PM Eastern, 4:00 PM
2:45:30
Pacific. Please do check that out.
2:45:34
If you stick here, YouTube will send you over there right after
2:45:39
the show so that you can set your reminders and your
2:45:42
notifications and subscribe if you haven't already and all that
2:45:45
happy stuff as well. We'll be back tomorrow morning,
2:45:49
9:00 AM Eastern, 6:00 AM Pacific, 1/2 an hour earlier for
2:45:51
your channel member. Also look for videos to be
2:45:53
posted here throughout the day today.
2:45:56
Thank you all so much. I look forward to seeing you all
2:45:58
soon. Go have yourselves a great day.
2:46:00
Take care, God bless.