Latest / The Courtroom Files / May 07 2026 Court Hearings: Judge Boyd Revokes Probation, Iraqui Oversees Treatment, McNally Sentences OWI + More | TCF Podcast #286

Transcript

May 07 2026 Court Hearings: Judge Boyd Revokes Probation, Iraqui Oversees Treatment, McNally Sentences OWI + More | TCF Podcast #286 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Thursday.
• 0:02
  Welcome to TCF LIVE. My name is Dan Soul.
• 0:04
  I've got Ellie with me and we're going to guide you through the
• 0:07
  next three hour journey through Courtlandia.
• 0:09
  We'll get started in Michigan. This is Magistrate Urich.
• 0:12
  Civil in nature, it is not criminals.
• 0:15
  Nobody's going to jail today on their traffic tickets.
• 0:18
  However, it's considered serious enough that Officer Luca did
• 0:21
  issue the citation on the date in question, Mr. Washington.
• 0:25
  That date was February 12th of this year.
• 0:27
  At about 1:30 in the afternoon you were operating a 2023
• 0:31
  Chevrolet Black in color on Catalpa at or near Mortensen in
• 0:35
  the city of Berkeley. At that place and time you were
• 0:38
  cited for paying a stop sign. Officer Lucas remark chairs on
• 0:45
  your ticket indicates Catalpa and Mortensen westbound.
• 0:49
  So this is a simple moving violation and you have three
• 0:54
  options through which to protect your rights, Mr. Washington.
• 0:57
  You may admit responsibility, the court will attach a fine
• 1:00
  between zero and the maximum, and that will close the case.
• 1:04
  Or you need responsibility with an explanation that believe
• 1:08
  mitigates your circumstances. Your third option is to deny
• 1:12
  responsibility absolutely your right and privilege.
• 1:15
  If you do so, the court will conduct your trial forth with
• 1:18
  swear both parties underoath the officer testifies first.
• 1:21
  It's their burden of proof and it is your turn to testify.
• 1:24
  Then the court makes the finding of responsible or not
• 1:26
  responsible. But please recall that since we
• 1:29
  are in civil court, that burden of proof is a mere preponderance
• 1:34
  of the evidence known as the featherweight test when compared
• 1:39
  against a heavy burden of guilt beyond a reasonable doubt.
• 1:41
  So with that said, Mr. Washington is to disobey stop
• 1:45
  sign. Do you wish to admit, admit and
• 1:47
  explain or deny responsibility? Deny.
• 1:51
  Deny. Very well, raise your hands,
• 1:54
  your other right hand. Do you both sound my story of
• 1:56
  the testimony you shall give before this course will be the
• 1:58
  truth? Yes, your Honor.
• 2:01
  Thank you very much. Officer Luca, please proceed.
• 2:03
  But your hands also somehow you ended up muted Officer Luca.
• 2:08
  How's that? Well, since he's muted, I'm
• 2:10
  going to pause for just a second.
• 2:11
  And first of all, say thank you, Ashley, for 13 months now of
• 2:15
  your support. And thank you so much as well
• 2:18
  for gifting US10 memberships. So welcome to all our new
• 2:21
  members. And Ashley, you're the best.
• 2:22
  Thank you. Let's go back to to court.
• 2:25
  Sorry about that. Good morning, February 12th
• 2:31
  shortly after 1:00 I was setting up for a detail and Mortensen
• 2:35
  and Cantelpa for a stop sign. We begin a lot of complaints for
• 2:40
  that particular stop sign so I was just getting into position.
• 2:43
  I don't even know if I put my vehicle in park when I observed
• 2:46
  a black sedan drive right through the stop sign traveling
• 2:50
  westbound. Not even stop.
• 2:52
  I do have dash Cam footage from the vehicle however it is on my
• 2:56
  phone. The quality isn't the greatest
• 2:58
  but if if the court decides I will be glad to show that so.
• 3:03
  If you wish, you can hold that and reserve for rebuttal if you
• 3:06
  believe that it's necessary. But as far as direct testimony
• 3:09
  goes, Officer Luca, do you have anything further at this moment?
• 3:13
  I do not. Very well.
• 3:15
  Mr. Washington, it is your turn. What would you like to tell the
• 3:19
  court? Well, Your Honor, so I was
• 3:24
  driving, so I've seen the stop sign.
• 3:26
  I did stop and I looked both ways.
• 3:30
  I didn't come to a complete stop, I will admit, but I
• 3:32
  stopped very much, enough to, you know, take both of my
• 3:36
  directions is. There anything else you want the
• 3:40
  court to know? I'm a careful driver and as soon
• 3:45
  I already seen the police officer, I seen the police
• 3:47
  officer before I even came to the stop.
• 3:50
  So I seen the police officer, I stopped, looked both ways.
• 3:54
  Well, I didn't come to the complete stop, but I stopped
• 3:56
  enough to check my directions and I proceeded and I did see
• 3:59
  the police officer hit his lights.
• 4:01
  So I kind of already pulled over because I had a feeling that he
• 4:05
  was going to pull me over. OK.
• 4:08
  All right. The court appreciates your
• 4:10
  remarks. Is there anything else you want
• 4:14
  the court to know other than what you've already stated, Mr.
• 4:17
  Washington? Yeah, well, I drive for a
• 4:20
  living. I do DoorDash like a lot and I
• 4:24
  do mobile credit, so I own my own business.
• 4:27
  So I try to stay careful when I'm driving so.
• 4:31
  That's all right. Thank you very much.
• 4:33
  Turning back to Officer Luca rebuttal testimony.
• 4:38
  Yes, Sir. Your Honor, I have that dash Cam
• 4:39
  footage I'd like to show the court if you allow.
• 4:42
  No worries at all. I'm going to do my best.
• 4:45
  I know I have to talk while while it's going to be playing.
• 4:49
  So as you'll see it, I'll play it a couple times.
• 4:53
  I'm just trying to get the camera right.
• 4:55
  I'm just getting into position here.
• 4:57
  Should be you'll see right in the right.
• 5:00
  I'm sorry right there you'll see a vehicle black sedan.
• 5:04
  Drive right through and we'll play it again.
• 5:06
  Here, do my best to sorry try and play it one more time for
• 5:14
  you Sir and it'll be right in the right hand corner you'll see
• 5:16
  a black sedan. I didn't even get to stop yet
• 5:19
  and it rolled right through then never made an attempt to stop
• 5:22
  from from my observation. OK.
• 5:25
  And just looking at the intersection as a diagram, your
• 5:31
  car was facing which compass point direction.
• 5:35
  I was facing southbound. You're facing southbound, OK.
• 5:40
  So just north of Catalpa. So if you're facing southbound,
• 5:44
  presumably he's coming from the east.
• 5:47
  Yes, he's coming from the east going westbound.
• 5:50
  OK. And that is the vehicle that you
• 5:54
  recall performing a traffic stop on.
• 5:58
  Yes, Sir. All right.
• 6:00
  During that investigatory traffic stop, what, if anything,
• 6:03
  was discussed with Mr. Washington?
• 6:06
  So I asked him if he seen the stop sign.
• 6:09
  He said yeah. He slowed down enough to look
• 6:13
  both ways. Admitted he didn't stop.
• 6:16
  Then when asked why, what was possibly the rush, he stated he
• 6:20
  was going to. I think he was with the
• 6:22
  passenger they were going to talk about, I believe.
• 6:25
  OK, All right, Thank you very much.
• 6:28
  The court has heard the testimony in the matter of
• 6:32
  people of the city of Berkeley versus Quentin Emil Washington.
• 6:36
  The court first notes that this is a civil infraction of a non
• 6:40
  criminal nature and being a civil infraction, the burden of
• 6:44
  proof is a mere preponderance of the evidence quantified at
• 6:47
  50.1%. Secondly, the Court has
• 6:51
  absolutely no idea what Mr. Washington's prior driving
• 6:55
  record may or may not look like. The Court doesn't review driving
• 6:58
  records before it's docket. It judges each and every case on
• 7:03
  the merits before it. And thirdly, the Court, after 40
• 7:10
  years in and around the courts in the State of Michigan, always
• 7:12
  wishes to believe that the parties are proceeding in good
• 7:15
  faith-based upon their best recollection and perception of
• 7:19
  the events. The Court notes that the video
• 7:25
  is not by definition dispositive, but extremely
• 7:29
  helpful. The court notes that one of the
• 7:32
  very first traffic misdemeanors in all of motoring history
• 7:36
  occurred in the City of London in 1893.
• 7:38
  That was a year before the concept of video was even
• 7:41
  invented. Video is not necessary, but it
• 7:44
  is an investigatory tool, it does have evidentiary weight,
• 7:48
  and it is helpful. The Court is convinced by a
• 7:52
  preponderance of the evidence that Mister Washington is in
• 7:57
  fact responsible for the citation.
• 8:01
  This matter carries with it a $150.00 fine that is payable
• 8:05
  through the pay portal on the 44th District Court, Mr.
• 8:08
  Washington. Or you can walk a cash checker
• 8:10
  charge into this court at 400 E 11 Mile Rd.
• 8:13
  Monday through Friday between 8:30 and 4:30.
• 8:15
  That's due within seven days. But Mr. Washington, if you wish
• 8:19
  to appeal this court's ruling, you have every right to do so by
• 8:21
  posting A $150.00 bond with the court within seven days.
• 8:26
  The matter gets placed on a formal hearing docket, and at
• 8:28
  that time, the City of Berkeley would be represented by a city
• 8:31
  prosecutor. So 150 as a bond or a fine
• 8:35
  within 7. Please mind your speed.
• 8:37
  It's getting to be even a more heightened driving driving
• 8:41
  season. Good luck to you.
• 8:43
  Thank you, Your honor. Good morning once again,
• 8:45
  everybody. It's TCF Live.
• 8:46
  My name is Dan. Happy Thursday to all of you.
• 8:50
  You know, I was thinking that real soon I need to redo the
• 8:54
  bingo card squares. It's on my list of things to do
• 8:58
  and I was going to put Door Dasher on there, but quite
• 9:01
  honestly, it'd be a free square at this point.
• 9:03
  I don't think a day goes by now where we're not seeing a Door
• 9:06
  Dasher. Let's continue here for a little
• 9:08
  bit. Down.
• 9:10
  We're getting a kind of a feedback loop.
• 9:12
  Thank you, Miss Valentine. You can see and hear the court.
• 9:16
  Yes, Sir. Thank you, Miss Valentine.
• 9:19
  Today is the date and time set for your informal hearing.
• 9:22
  And informal hearing is a civil proceeding.
• 9:26
  It is not criminal. Nobody's going to jail today on
• 9:29
  their traffic ticket. But it is considered serious
• 9:32
  enough, Miss Valentine, that the officer issued the citation on
• 9:37
  the date in question. That date was actually March the
• 9:40
  17th of this year. 12 past 9 in the evening.
• 9:44
  You're operating a 2016 Mazda Gray in color Greenfield at or
• 9:51
  near Cambridge. Now the officer cited you on
• 9:57
  that place in time for impeding traffic, which is a 0 point non
• 10:03
  moving violation. However, Officer Luca indicates
• 10:07
  what he witnessed at that time was a margin of speed of 55 in
• 10:14
  the 40 mile per hour zone. So the officer exercised his own
• 10:18
  discretion and apparently decided he would issue a zero
• 10:25
  point violation to you versus a moving violation with
• 10:29
  considerable points that could have been alleged as 15 miles
• 10:34
  over the speed limit. Regardless, today, Miss
• 10:37
  Valentine, is your day in court. You have three options.
• 10:41
  You may admit responsibility, the court will attach a fine
• 10:45
  between zero and the maximum, and that will close your case.
• 10:49
  You may also, if you wish, admit responsibility, but with an
• 10:53
  explanation that you believe mitigates your circumstances.
• 10:57
  Your third option is to deny responsibility.
• 11:00
  If you do so, you would be asserting before the court
• 11:03
  underoath that no civil infraction of any kind occurred.
• 11:08
  Court would conduct your trial forthwith.
• 11:10
  Swear both parties underoath. The officer testifies first,
• 11:13
  it's his burden of proof. Then it is your term.
• 11:15
  Then the court makes the finding of responsible or not
• 11:18
  responsible based upon that civil burden of proof, a mere
• 11:22
  preponderance of the evidence so as to impeding traffic.
• 11:25
  Do you wish to admit, admit and explain or deny responsibility?
• 11:32
  I'll just admit to the impeding traffic is what I'm admitting
• 11:36
  to. That is the charge before the
• 11:38
  court, yes. Yes, I'll admit to the impeding
• 11:41
  traffic. OK, So you wish to affirm that
• 11:44
  on the date in question you were operating motor vehicle in the
• 11:47
  city of Berkeley and in some form or fashion eventually
• 11:50
  impeded traffic, correct? Correct.
• 11:52
  Thank you. The Court of Censor plea
• 11:55
  anything you wish this court to know, Miss Valentine.
• 11:57
  No, I, I really just wanted the court date because on March 8th
• 12:01
  I lost my job and I'm not able to pay in full right, right
• 12:08
  away. So I really needed this court
• 12:10
  date to try to make some type of payment plan because I don't
• 12:14
  have no job right now. I was at that time that I had
• 12:18
  gotten a ticket. I was trying to lift obviously
• 12:21
  for, to to to try to make some money for because of the job
• 12:23
  loss. OK.
• 12:25
  All right, Miss Valentine, there's dignity in all work and
• 12:28
  I hope that you find employment that is suitable into your
• 12:33
  liking soon. Officer Luca, anything you wish
• 12:38
  to share with the court? Your Honor, I took in
• 12:40
  consideration Miss Valentine's good driving record and that's
• 12:44
  why I, I cited impeding, although you know, 15 over is,
• 12:49
  is quite high. So I I have no further
• 12:51
  recommendation. Very well, Miss Valentine, what
• 12:54
  this court is going to do at this time is the fine for this
• 12:58
  is $175. Obviously there are no points
• 13:02
  and this will never show on your master driving record.
• 13:05
  The court's going to mark this due at the absolute maximum
• 13:11
  before the clerk's next door get irritated with the court when I
• 13:14
  push things out too far. So this will be marked for 28
• 13:18
  days, due in 28 days. If for whatever reason you're
• 13:23
  coming up on that 28th day and you're having trouble, you wish
• 13:28
  to make a partial payment or speak to a traffic clerk unit,
• 13:31
  you can obviously call this court.
• 13:33
  So your fine is payable through the pay portal on the 44th
• 13:36
  District Court website. Or you can walk a cash checker
• 13:39
  charge into this court. 400 E 11 Mile Rd.
• 13:42
  Monday through Friday between 8:30 and 4:30.
• 13:45
  Due within 28 as the court says. Please mind your speed.
• 13:48
  Good luck to you. Thank you very much, Sir.
• 13:51
  Take care, Dan. Officer Luca Shanessa Joy Lewis
• 13:59
  does not appear to be here. So.
• 14:02
  The Court is taking a look at that 26 BE 01320 Shanessa Joy
• 14:11
  Lewis matter set for 8/31. It is now almost five of nine.
• 14:16
  No word from Miss Lewis. So at this time, the court will
• 14:18
  mark that as a failure to appear and that completes your docket.
• 14:22
  Thank you very much, your honor. Have a.
• 14:24
  All righty friends, we will move on.
• 14:27
  Let's go just down the road to peace and say good morning to
• 14:31
  Judge McNally. Your name On March 4 of 26, I
• 14:36
  sentenced you. There was $18131 to be paid
• 14:39
  including restitution to Lowe's in the amount of $11146.
• 14:46
  Let's see I I also gave allowed you to pay that at the rate of
• 14:50
  $150.00 biweekly beginning March the 13th.
• 14:54
  The charge that I have in front of me alleges that you could
• 14:57
  able to pay your fines and costs.
• 14:58
  It's ordered $18131.00. Do you understand that?
• 15:02
  Did you sign and read and understand and advice of rights
• 15:05
  form. If you plead guilty, you'll be
• 15:07
  giving up all those rights and we're not going to have a
• 15:09
  healing trial of income. If you understand that you have
• 15:13
  the right to a lawyer, I'll be happy to give you one at public
• 15:17
  expense. Do you understand it?
• 15:19
  Would you like a lawyer? Are those sunglasses or what are
• 15:22
  those? I can't hear you.
• 15:27
  They still didn't transition. OK.
• 15:30
  Yeah. I'd, I'd encourage you not to
• 15:32
  have those on when you come back unless you need them for vision.
• 15:36
  OK. All right, So I will go ahead
• 15:38
  and enact guilty plea. I'm going to give you a lawyer.
• 15:45
  Yeah, your mentoring and not guilty plea.
• 15:49
  We'll give you a probation lawyer.
• 15:52
  You'll meet with them either way.
• 15:53
  You're coming back in front of me.
• 15:55
  OK. Any questions?
• 15:57
  I can't hear you. Just need to keep your voice up.
• 15:59
  OK. Good luck, people.
• 16:02
  Against Scotchos of Pius 26G3O7010.
• 16:10
  Your name, Sir. All right, so they're offering
• 16:13
  you impeding traffic. Do you want to plead the
• 16:15
  impeding traffic? Yes, Sir.
• 16:17
  You got one. Prior to that charge of impeding
• 16:20
  traffic. You plead responsible or not
• 16:22
  responsible? I'm going to accept your plea of
• 16:24
  responsibility. You got one prior. 160 dollars
• 16:28
  is the total. I'll dismiss the disregard stop
• 16:31
  sign. Be careful.
• 16:32
  OK. Thank you.
• 16:33
  You can go right down the hall and make your payment.
• 16:35
  Thank you, people against Daniel M Mace, 26G3O6969 Morning, Mr.
• 16:43
  Mace, your name. All right, so the charge here is
• 16:50
  speeding. Let me just check.
• 16:54
  All right, so you're going to plead to impeding, correct?
• 16:57
  All right to that charge, responsible or not responsible?
• 17:01
  All right, I'll accept the plea. Got it.
• 17:04
  Looks like no priors. 150 is your total cash.
• 17:07
  You into the hall of your right. Have a good day, you people
• 17:10
  against Dominic Fioretti, Fioretto 263-0701 one.
• 17:17
  All right. Your name, Dominic.
• 17:19
  Fiorito. All right, You had an accident a
• 17:23
  year ago, right? You're going to plead the
• 17:24
  impeding, they're going to dismiss the stop sign violation.
• 17:27
  True. Yes, and that's what you want to
• 17:29
  do to the charge of impeding traffic.
• 17:32
  Responsible or not responsible? I'll accept the plea. 160 is
• 17:36
  your total cash. You're in the hall.
• 17:38
  You're right, and you're all set.
• 17:39
  Have a good day. Good luck.
• 17:40
  Chestnut. Alvin to Neil Chestnut, The 2nd
• 17:44
  266483 O3, AB and C. Could I have Keith Gross seated
• 17:49
  at the table? My right.
• 17:50
  Your left, Sir. Your name, Chestnut.
• 17:54
  You're charged with driving on a suspended and expired plate and
• 17:57
  no proof of insurance. You have the right to a lawyer
• 18:00
  on these if you want one. I'll give you 1 if you want a
• 18:02
  lawyer, OK, OK. It's just going to take a little
• 18:06
  bit of time, OK? So I can arraign you.
• 18:11
  I'll explain the charge, possible penalties in your
• 18:13
  rights, and then you can go talk to the prosecutor.
• 18:16
  OK. On April 13 at 26, it is alleged
• 18:19
  that you did operate a motor vehicle on Fort near Harrison
• 18:21
  Trenton at 5:05 PM with a suspended license.
• 18:24
  That is a misdemeanor. It is punishable by up to $500
• 18:28
  fines, 93 days jail costs are all those two points.
• 18:31
  Do you understand that? You also have an expired plate
• 18:33
  and no proof of insurance? 0 point civil infraction
• 18:36
  charges. Do you understand that?
• 18:38
  Did you sign, read and understand the advice of rights
• 18:41
  form? You plead guilt and you will be
• 18:42
  giving up all those rights and we will not have a hearing or a
• 18:45
  trial. Do you understand that?
• 18:47
  You understand that you still wish to waive your right to a
• 18:50
  lawyer. All right, I'm going to renact
• 18:53
  guilty plea. I'm going to have them do this
• 18:54
  to the prosecutor, and he will call you in.
• 18:58
  OK. Any questions?
• 19:01
  Good luck. Keith L Gross, 26G82668-ON to
• 19:06
  the podium, Sir. It's all right.
• 19:08
  Your name. Keith Gross.
• 19:09
  OK, so you're charged with fairy to respond to a civil
• 19:12
  infraction. So apparently they issue a civil
• 19:14
  infraction, they think and you didn't respond in any form or
• 19:19
  fashion. So they filed A misdemeanor
• 19:21
  charge. The charge is a criminal charge
• 19:24
  from a failure to respond to a civil in fresh that is
• 19:28
  punishable by up to $100 fines. 90 days jail costs are all
• 19:31
  those. Do you understand?
• 19:33
  Yes Sir. You have the right to a lawyer
• 19:35
  if you want one. I'll give you 1 now.
• 19:36
  I don't. Think water.
• 19:38
  OK, they think that this happened at Mars St.
• 19:41
  Three O 348 Mar the city of Gibraltar February 17 at 26.
• 19:46
  It says they issued you a civil infraction on January the 28th
• 19:50
  and and they and that was for failure to clear snow from the
• 19:53
  public sidewalk after being warned previously.
• 19:58
  So this is a misdemeanor punishable about up to $100 in
• 20:01
  funds, 90 days jail costs are all those do you understand
• 20:05
  that? Did you sign, read and
• 20:07
  understand the advice of rights? If you plead guilty, you will be
• 20:10
  giving up all those rights, and we're not going to have a
• 20:12
  hearing with the trial of any kind.
• 20:14
  You understand that? All right, You still wish to
• 20:17
  waive your right to a lawyer. Not guilty.
• 20:19
  Pi will enter. I'm going to give you $100
• 20:21
  personal bond. You don't have to post any
• 20:23
  money. Here are your bond conditions.
• 20:25
  You cannot leave the state without the consent of the
• 20:27
  court. To violate the law, you must
• 20:29
  appear in court as directed. OK, so you go mow down the hall.
• 20:33
  We're going to give this to the Gibraltar prosecutor.
• 20:36
  He will call you when When he is ready.
• 20:39
  OK, Can I say something? We spend we spend our winters
• 20:44
  here in Florida and we were just made aware of this one time.
• 20:48
  Go explain that to him. OK, Go explain that to him.
• 20:53
  All right. I don't know what happened here,
• 20:55
  but well, the son resides at the house and he when we planned and
• 20:59
  called him after I got the paperwork.
• 21:02
  Yes, Dad, I do get signed for it.
• 21:04
  Why didn't you pay it? Well, I don't know.
• 21:06
  I see. So your son did this to you?
• 21:09
  Yes. See, you and I are about a month
• 21:13
  apart, OK, Well, it's your birthday.
• 21:15
  That's what happens, isn't it? Go talk, explain your situation.
• 21:20
  All right down the hall. No, right outside there.
• 21:25
  Gibraltar. You're going to go to conference
• 21:27
  room number 3. So that's going to be right
• 21:30
  outside, right outside the doorway there and then to your
• 21:34
  right on those views. OK, Thank you.
• 21:36
  Julia and McCormick, 26-T64678-O.
• 21:42
  Mays, you can have a seat up at the table here.
• 21:46
  Nathaniel Mays, ma'am, your name.
• 21:48
  All right. You're charged with operating
• 21:51
  with the presence of drugs. You have the right to an
• 21:54
  attorney. Would you like one?
• 21:56
  I'll set you up with a lawyer. OK.
• 21:58
  So just go out in the hallway. They're going to be backed up.
• 22:02
  So it may take a little bit, but just be patient, OK.
• 22:07
  Thank you, Nathaniel. David Hayes, 25-T643636.
• 22:12
  Where's Mr. Hayes at? And, you know, was this guy
• 22:16
  notified to be here? Hayes.
• 22:20
  Was that the name? To review here, did we not issue
• 22:25
  a show cause the last time that he wasn't here?
• 22:28
  I don't dismiss these unless they show up.
• 22:30
  So he wasn't here April 23 and I said issue show cause regarding
• 22:35
  why conviction should not enter, prepare to appear for review.
• 22:40
  I'm not going to get in the habit of having these guys sit
• 22:42
  home. So I'm I don't see where a show
• 22:45
  cause was issued, Heather. Sorry, it was issued for today
• 22:50
  with the review it just I'm sorry I didn't put your name
• 22:53
  after it, but it was today was a show cause in a review hearing
• 22:57
  we put it together. I just, if you didn't, that's
• 23:00
  OK. I mean, I just.
• 23:02
  It is showing in here judge, I just didn't put the M after it
• 23:05
  so it the show cause was issued with the.
• 23:08
  Review one in the file though I don't see.
• 23:11
  Oh, from probation. Well, whoever's issuing the show
• 23:15
  causes, I believe it's them, right?
• 23:18
  Because I did well I schedule it for a show cause hearing after
• 23:21
  he didn't show on the 20. 3rd did you actually prepare a
• 23:25
  written show? Cause because I don't.
• 23:27
  See. Pardon.
• 23:29
  No, I just did the scheduling for.
• 23:31
  It somebody needs to do that. OK So what would you talk to
• 23:35
  Elise? I don't know if I hate to end
• 23:38
  this conviction. Looks like he did what he was
• 23:40
  supposed to do, but I just don't want to get in the habit absent
• 23:44
  ordinary circumstances of dismissing these without these
• 23:47
  guys showing up. So I'm going to have an issue
• 23:50
  with show cause and I will issue it.
• 23:52
  Just have a take this to Lisa and have her look at my language
• 23:56
  on April 23. I don't remember if you guys do
• 23:59
  what I think probation does. It Yeah, probation.
• 24:01
  I'll have them do it. Yeah.
• 24:02
  OK. So reschedule that if you would,
• 24:04
  OK? OK.
• 24:06
  Thanks. All right, Good morning once
• 24:08
  again, everybody. It is TCF live on a Thursday
• 24:11
  morning. It's good to have you all here.
• 24:12
  Give me a moment if you would because I feel the need to rant
• 24:16
  for just a second, if I may. So currently going on in Lenawee
• 24:19
  County, Michigan. It's the sentencing of Dale
• 24:22
  Warner. I'm watching it up on the big
• 24:23
  board right now. Dale Warner was found guilty of
• 24:29
  killing his wife Dee and dumping her body in a a water tank or a
• 24:33
  chemical tank. I forget which one exactly, but
• 24:37
  we at one point here on this channel covered.
• 24:40
  If I recall, it was an evidentiary hearing before the
• 24:43
  trial on that. Here's where I'm going to rant
• 24:45
  for a second. Judge Olsaver, who presided over
• 24:50
  this case, decided that he would not stream the case and he is so
• 24:58
  so we saw none of the trial and he is now decided that he's not
• 25:03
  going to stream the sentencing as well.
• 25:05
  So you say, well, Dan, how are you watching it right now then?
• 25:09
  Well, all of the big Detroit News stations were allowed to
• 25:14
  show the trial and stream it on their channels.
• 25:18
  And they right now are covering the sentencing of Dale Warner.
• 25:22
  Somebody tell me how that works. So you have a judge that makes
• 25:28
  his court open to the public. He streams his court.
• 25:30
  But this particular trial, he's not going to stream on his own
• 25:33
  channel, but he puts it out over the mainstream media.
• 25:35
  Are they supposed to be more trusted or something?
• 25:38
  Tell me that you trust the mainstream media.
• 25:40
  Nobody does anymore. So how is this better?
• 25:43
  How is this OK? Honestly, conspiracy theory.
• 25:45
  Dan wonders if a deal wasn't made because this was kind of a
• 25:49
  big deal in southeast lower Michigan.
• 25:52
  This, this whole case. So I kind of wonder if there was
• 25:58
  a deal made with the judge. Now, I know that that's just me
• 26:01
  making an idea, perhaps an accusation based upon nothing.
• 26:06
  However, I have a huge problem with that, especially, like I
• 26:10
  said, nobody trusts the mainstream media anymore.
• 26:12
  Nobody watches the mainstream media anymore.
• 26:15
  That's why you're all here. Now I say this, we would not
• 26:19
  have covered this trial on this channel anyways.
• 26:23
  We don't cover trials on the live show because they take too
• 26:26
  long. Sometimes we post trials as
• 26:29
  separate videos. So I mean, it's it.
• 26:32
  We probably wouldn't have gone into great detail about it
• 26:35
  anyways, but it's the idea of it that pisses me off that the
• 26:40
  judge hands over something high profile to a group of companies
• 26:46
  that nobody believes in it. OK, off my chest.
• 26:49
  I just wanted to say that because it bothered me when I
• 26:52
  saw it. Thank you for listening.
• 26:54
  Let's go back to Judge McNally. You have to unmute, yes.
• 26:58
  That's Anthony Stefani. Anthony Doses Stefani, Sir.
• 27:07
  I'm here for today Heather show cause.
• 27:15
  Yes, I'm sorry Judge, I thought I was unmuted.
• 27:17
  He's a show cause today. Is it a is it a show cause where
• 27:21
  you never plugged before on a probation violation or what?
• 27:25
  It's a probation, yes. Miss Wilds had me requested this
• 27:29
  show cause for him today. So there is there a blue back in
• 27:33
  there? I don't is it in here?
• 27:37
  Or a written. Oh, OK, I'm going to call that
• 27:40
  Stefani. This is People against Anthony
• 27:43
  Joseph Stefani 25 W 7 O 1244 Your name.
• 27:50
  Anthony. Joseph Stefani, Sir.
• 27:53
  I believe he had a lawyer when I was in here, when you were in
• 27:56
  here on December 22nd, but that was with respect to another show
• 28:01
  cause and now I have. I thought we talked about this,
• 28:06
  but I'm not. I'm going to go ahead and
• 28:07
  arraign you on this new charge and give you a lawyer if you
• 28:10
  would like one, OK? I'm all right, Sir.
• 28:13
  All right. So you are charged.
• 28:15
  First of all, this is a domestic violence case and this is I'm
• 28:21
  sorry. I believe it was we, we, we, we.
• 28:26
  I believe I went to court over this before.
• 28:28
  I was supposed. To pay some money and then show
• 28:30
  it back up to you. And I missed that court date
• 28:33
  because I was in the hospital. Slow down.
• 28:35
  Let me just tell you what happened OK?
• 28:38
  You pled guilty to domestic violence back on March 4th of
• 28:42
  25. I sent you on this on March 18th
• 28:45
  of 25. This show cause here of alleges
• 28:48
  that you violated probation in the following aspects.
• 28:52
  Count one that you failed to attend the domestic violence
• 28:55
  program with an 8 week follow up.
• 28:58
  Do you understand the charge? Yes, Sir.
• 29:02
  Count 2 alleges you failed to pay your fines and costs.
• 29:05
  I thought we talked about that and that you have a balance
• 29:08
  owing of $1040. Do you understand the charge?
• 29:12
  Yes, Sir. If you plead guilty or if you
• 29:15
  were found guilty, you you could get 5 days on each one of these
• 29:22
  counts. So you could receive 10 days on
• 29:25
  this. Do you understand that?
• 29:26
  Yes, Sir. You are presumed innocent.
• 29:29
  They have to prove you're guilty by a preponderance of the
• 29:31
  evidence. You have the right to question
• 29:34
  there, which is to bring in your own witnesses to use the
• 29:37
  subpoena powers the court to bring in those witnesses.
• 29:39
  They have to prove that you violated probation by a
• 29:42
  preponderance of the evidence. They failed to prove that.
• 29:46
  Then the charge would be dismissed or you'd be found not
• 29:49
  guilty. If they do prove that, then
• 29:52
  you're subject to a 10 day jail term on this.
• 29:54
  Do you understand? That yes, Sir.
• 29:57
  You have the right to an attorney.
• 29:59
  I'll be happy to provide you with one at public expense.
• 30:01
  Do you understand that? Yes, Sir.
• 30:04
  Likely lawyer. No, Sir.
• 30:06
  Are you sure? I.
• 30:07
  Thought it was just an arraignment.
• 30:11
  This is an arraignment. I'm either going to ask you how
• 30:13
  you plead or I'm going to give you a lawyer.
• 30:17
  I guess I have the lawyer then, Sir.
• 30:19
  I'm not trying to talk to you. Anyway.
• 30:20
  You want to represent yourself, that's fine by me.
• 30:23
  Well, no. I I was.
• 30:26
  I was I I must have misunderstood him.
• 30:28
  OK, I'll enter not guilty plea. I'm going to I'm going to give
• 30:33
  you a lawyer. We're going to set them up with
• 30:36
  you in that in a breakout room so you can speak with them now
• 30:40
  and let's try to expedite that for the county if we can.
• 30:44
  Whoever the lawyer is, John, with this gentleman, I want him
• 30:48
  to get a lawyer as soon as possible.
• 30:51
  OK. All right, Just bear with us.
• 30:54
  I'm entering a not guilty plea. We'll give you a defense lawyer.
• 31:03
  Drew Aaron. Gerald Junior.
• 31:05
  I have two files here. I have 26B15O241A and B.
• 31:11
  Good morning, Mr. Guanada. Good morning, brother Peter
• 31:13
  Guanada, P7A4 O3 MIBC counselor for Mr. Gerald.
• 31:18
  You just take the name for the record.
• 31:21
  All right, Give me one second here.
• 31:23
  Can I please? All right.
• 31:25
  Your client was in court. He pled guilty on April the
• 31:28
  16th, operating while visibly impaired.
• 31:32
  He also pled guilty to possession controlled substance.
• 31:35
  This was cocaine under Section 7411.
• 31:38
  He was referred for a screening and assessment.
• 31:40
  They had the opportunity to review the report with him.
• 31:43
  And are there any material additions, corrections,
• 31:45
  revolutions? I didn't review the report with
• 31:47
  Mr. Gerald and we have no additions, subtractions or All
• 31:51
  right, anything that you would like to say on his behalf?
• 31:56
  Your Honor, I just would like to say that as.
• 31:59
  Far as Mr. Gerald is going. He's, he's working 50-60 hours a
• 32:03
  week, but he understands that he's he's got to make this
• 32:08
  commitment to get done everything that's in the
• 32:10
  probation report. He would only ask the court if
• 32:13
  you would consider allowing him to do community service instead
• 32:16
  of a port work program if. The court was going to.
• 32:19
  Sign him with the portal program.
• 32:21
  He's been in touch with a couple of non profits in this area he's
• 32:23
  got so he's got a. Line on being able to get the.
• 32:25
  Community service done if the court decides the footwork
• 32:29
  program to get opposed. He lives in Taylor, right?
• 32:33
  Yes. OK.
• 32:34
  Anything else? I'm here.
• 32:37
  Anything you would like to say, Sir?
• 32:39
  No. Why are you fooling around with
• 32:41
  cocaine? Let's get rid of that, OK?
• 32:43
  Yeah, I have a bad day, man. You're.
• 32:45
  Not messed up. You apologize to me.
• 32:48
  I just worry about anybody who's getting involved.
• 32:51
  With it right now. Jail.
• 32:53
  OK. And deal with.
• 32:54
  The OK, thank you so much. Have you been going to a A?
• 32:58
  Not done that part yet. I.
• 33:02
  Went. Near.
• 33:02
  He's in Monroe. I looked into wait Say again.
• 33:06
  The only one near me. Like the closest.
• 33:08
  One reason in the road. Well, you live in tank.
• 33:10
  Yeah, they're all over the. Place.
• 33:13
  Yeah. I mean what?
• 33:14
  Do you mean you you you're trying to tell me you got to
• 33:16
  drive 35 minutes to get to an A meeting?
• 33:18
  That's that's. Just what I saw online.
• 33:21
  If there's other ones that I didn't see, that's the local,
• 33:25
  that's the closest local 1. We're not going to get along
• 33:27
  very well if you're going to be this at it, you're complying
• 33:31
  with the orders. Sorry about that.
• 33:33
  Well, I mean, I listen, nobody needs to apologize to me.
• 33:37
  You didn't hit me with your carbon or drunk and and I'm just
• 33:42
  telling you, you should apologize to yourself because
• 33:45
  that just puts puts you in a bad light with me right now.
• 33:49
  You can't do that. I don't just order these things
• 33:51
  Willy nilly and it's not just something I decide.
• 33:55
  I look at everything you need to go and what 30 warrants and I
• 34:01
  get the fact that some of these are just traffic offenses.
• 34:05
  You got 12345 bench warrants prepared to appear or take care
• 34:11
  of civil infractions. You had a attempt, I don't know,
• 34:14
  in 16 attempt, misdemeanor BNE a vehicle 200 or more, but less
• 34:18
  than 1000 in 16. And that was they made it an
• 34:22
  attempt. So that was the 6th month.
• 34:24
  Then you had a felony armed robbery in 17, drunk and
• 34:27
  disorderly in 21. You're fooling around with
• 34:29
  cocaine. I mean, come on.
• 34:31
  And you're driving drunk. OK.
• 34:33
  So I just want to caution you here.
• 34:36
  I don't mean to sound like a tough guy.
• 34:38
  I'm not making suggestions when I tell you things, OK, All
• 34:42
  right, You have to do the if you don't, we're going to have no
• 34:45
  problem. We don't want to have a problem
• 34:48
  placing you on probation for 15 months on both cases.
• 34:51
  I will take your drug case under 7411 as you agreed with the
• 34:55
  prosecutor. You cannot leave the state
• 34:57
  without the consent of the court.
• 34:59
  You cannot violate any law or ordinance.
• 35:01
  If you change your address, your placement, employment or home
• 35:04
  telephone number, you must notify probation.
• 35:06
  You have to report as directed, no alcohol, no alcohol.
• 35:11
  You're not the purchase possession consuming alcohol or
• 35:14
  illegal controlled substances. No marijuana either.
• 35:18
  You're to submit the chemical testing PB, TS and ET GS.
• 35:22
  I'm going to make it weekly for three months.
• 35:25
  If you're clean I'll make it bi weekly for two then monthly.
• 35:30
  OK but you have to test weekly. Kratom, poppy seeds, and CBD
• 35:35
  oils are prohibited. Consuming food or other items
• 35:37
  containing those substances will be deemed a violation.
• 35:40
  In order that you go to a, A and A three times a week in person
• 35:44
  until you're in outpatient treatment.
• 35:46
  I'm going to order outpatient treatment on these.
• 35:49
  You have to provide proof of that you're attending a A every
• 35:53
  time you meet with the probation officer.
• 35:55
  OK, you have to do that and then what?
• 35:58
  But once you get in outpatient, so if you don't procrastinate
• 36:01
  like I sense you might be trying to do, you can get an outpatient
• 36:04
  next week. You only have to go to a A for
• 36:06
  one week. Do we understand when I'm also
• 36:09
  in order that you attend the victims impact panel, which is
• 36:11
  one night put on by Mothers against drunk jobs.
• 36:14
  Do you understand that all these terms are going to run
• 36:17
  concurrent now? And So what I'm going to do?
• 36:20
  You were arrested. So he has one day credit coming,
• 36:23
  correct counsel. All right, five days jail
• 36:26
  credit, one served 4-3 days court work program, $105 charge
• 36:32
  for that one day, a community service.
• 36:34
  I'm going to give you until June the 30th to complete that.
• 36:37
  So you can do 8 hours community service at any nonprofit
• 36:39
  organization of your choosing, OK?
• 36:42
  I don't care where it is. Salvation Army, Saint Vincent de
• 36:44
  Paul, the Church, animal shelter, Habitat for Humanity, I
• 36:47
  could care less, but you have to do 3 days on the court work
• 36:52
  program and I'm, I'm being more than fair with you here, OK, But
• 36:58
  you got it. You got to comply with orders.
• 37:00
  All right, so I want you to understand I'm, I'm, I'm going
• 37:04
  to run all these terms concurrent.
• 37:07
  The day community service again by June 30.
• 37:10
  There's a $35 a day charge for the court work program, bringing
• 37:13
  your total there to 105 dollars. I'm also going to order on the
• 37:20
  impaired charge and I'm going to put all the common fees on the
• 37:23
  impaired charge. 300 fines, 250 costs, 75 victims rights fee
• 37:27
  $50, justice assessment 675, screening fees 60 for 7/10.
• 37:35
  Probation fees are 300 for 1010. Cost of recovery is 150 for
• 37:41
  1160. For attorney fees are 40 for
• 37:43
  1200 and they have court work program fees of 105.
• 37:47
  Your total's thirteen O 5. There's a justice assessment fee
• 37:51
  on the drug charge. I'll only go 50 fines, 50 costs,
• 37:55
  75 victims rights fee, $50 justice assessment.
• 37:58
  So that will be two and a quarter.
• 38:00
  We're going to give them a review hearing date on that
• 38:02
  case. So that should be in late July,
• 38:06
  Heather of 27. So you're 225 on that.
• 38:11
  You are. They will run concurrent.
• 38:14
  Like I said, you're going to start going a a, right?
• 38:18
  You're not going to ignore me again, right?
• 38:21
  Good. Then we'll get along just fine,
• 38:23
  you and me. Now I'm going to ask you this.
• 38:25
  Don't lie to me. When did you last do cocaine?
• 38:29
  OK, good. So if we send you for a drug
• 38:31
  test tomorrow, I'll know that that was new use.
• 38:34
  Yeah, I've been. OK, good enough.
• 38:36
  Good. I believe you.
• 38:38
  Good enough. I just was going to cover you in
• 38:40
  case you did. I was going to tell them don't
• 38:42
  have your test for a few days, but since you said no, we'll
• 38:45
  have you test. Yo, thirteen O 5 + 225 that's
• 38:48
  1530. Can you pay all of that today?
• 38:51
  No. How much can you pay today?
• 38:56
  OK you're going to take me serious though, right?
• 38:58
  You're going to take me serious right?
• 39:01
  Also, you're going to clear all your warrants, clear all of
• 39:04
  your. Can I interject real quick,
• 39:07
  Judge, I'm just getting a different total.
• 39:08
  Can we go over that real quick again?
• 39:10
  Absolutely. You're probably right, Heather.
• 39:13
  You're going to clear all your warrants by July the first.
• 39:17
  OK, so let me just see 302 fifty.
• 39:20
  That's 55675 with the Crime victim Drugs and Justice
• 39:24
  Assessment 6675. Screening fees, 60 for 735.
• 39:31
  Oh probation fees are 300,035 then I think I didn't say
• 39:36
  attorney fees 11 I. OK.
• 39:39
  I did not get attorney fees. How much for a Yeah.
• 39:41
  I wrote it down $40.00, so it's 201345 I for thirteen O 5
• 39:47
  including that right. Well, cost recovery was 150,
• 39:50
  correct? Correct.
• 39:52
  I have 1330. Geez, I think I'm I think I'm
• 39:57
  low 3250. 75 Wickens rights $50 justice assessment that's 675.
• 40:04
  The screening fee is 60 for 735. Probation fees are 300 for 1035.
• 40:10
  Cost of recovery is 150 for 1185.
• 40:14
  Court work program is one O 5/12/90 plus you're right.
• 40:21
  Thank you, 13301330. My apologies.
• 40:27
  I knew you'd be right and I'd be wrong all right.
• 40:29
  So what do? You have how?
• 40:30
  Much can you pay per week then per week?
• 40:33
  Yes, or bi Weekly bi. Weekly I can.
• 40:36
  Do 100. I'll make it 75.
• 40:39
  Your first payment isn't due until June.
• 40:41
  The one now listen, I tell everybody this and then you're
• 40:45
  going to pay all your money at 100 at 100 bi weekly on the B
• 40:50
  file after fines cost paid on the A5.
• 40:55
  OK, now I ioffer people this. I don't know why they don't take
• 40:59
  me up on it, but they don't. If you don't make if you don't
• 41:02
  have the money, it's not a problem.
• 41:04
  Just call the Pope. We'll go on Zoom.
• 41:05
  I'll be glad to give you an extension.
• 41:08
  OK, you don't. We'll go on Zoom or you can walk
• 41:11
  in here on it before the due date.
• 41:12
  I don't I don't mind giving you an extension.
• 41:15
  Just you can't ignore me. You got me.
• 41:18
  All right, I do have one question about the core work
• 41:21
  program. That's only in the week.
• 41:25
  Right. No, it's on Saturdays and
• 41:27
  Wednesdays now and then on Wednesday.
• 41:29
  We do that once a month on Wednesdays and then on and then
• 41:33
  every Saturday, pretty much. How long do I have to like,
• 41:36
  could I kind of plan around a Saturday?
• 41:38
  I might not be working? Talk to probation.
• 41:41
  OK, OK. He'll try to work with you.
• 41:43
  OK, no more. You got to get off this stuff.
• 41:46
  All right. Good luck.
• 41:48
  Thanks. You too.
• 41:50
  Brandon Bradley, Lawrence, Gaia. All right, friends, we'll check
• 41:54
  back in with Judge McNally at some point, I'm sure.
• 41:56
  But let's go down to Florida and do our daily check in with Wade
• 41:59
  Mercer. We might be able to call 3 of
• 42:01
  them. 'Cause it's not Jackson County.
• 42:04
  I can't of rain in Mr. Gates. Good morning.
• 42:08
  Mr. Gates, you're here for a no bond holdout of Washington
• 42:11
  County. It's based upon your recent
• 42:12
  arrest. I've got a copy of the warrant
• 42:14
  in front of me signed by Judge Patterson to the Circuit Judge
• 42:17
  in Washington County. And Mr. Gates, it's a no bond
• 42:20
  warrant. So what that means is when you
• 42:21
  resolve your case here, you'll have a hold from Washington
• 42:24
  County unless they release this hold and you'll deal with this
• 42:27
  after. So you still could post bond
• 42:28
  here. If you post bond, you will then
• 42:31
  go to Washington County and deal with that first.
• 42:33
  If you don't post bond, you'll deal with our case 1st and deal
• 42:36
  with Washington County later. Any questions, Mr. Gates?
• 42:39
  No, Sir. All right, Sir.
• 42:40
  I wish you the best. Thank you.
• 42:43
  Now I can see Savior Livingston and James Coleman.
• 42:47
  At the same time please. Mr. Livingston and Mr. Coleman,
• 42:52
  I'm seeing at the same time because your cases are identical
• 42:54
  for what we're going to do this morning.
• 42:56
  Both of you are accused of violent in terms of your
• 42:58
  probation. In both cases, there's a well in
• 43:01
  Mr. Livingston there's a no bond warrant.
• 43:03
  In Mr. Coleman's there's a warrant.
• 43:05
  It doesn't address bond. I'm going to set no bond on it
• 43:08
  because of the basis is allegedly living a Teen
• 43:12
  Challenge program. Mr. Mitchell, in Mr. Coleman's
• 43:16
  case, there's an error in the affidavit filed by the probation
• 43:20
  officer, and it says Officer McCullough states that the
• 43:24
  offender from the Teen Challenge residential treatment program.
• 43:28
  So I think there's a space there where they left out the word
• 43:31
  absconded or left or got kicked out of whatever happened, so
• 43:36
  that they need to amend the affidavit of violation of
• 43:40
  probation because it doesn't make a whole lot of sense the
• 43:42
  way it's worded. What I think happened is that he
• 43:45
  either left or got kicked out of the Teen Challenge program,
• 43:49
  although that wording is ambiguous at best.
• 43:53
  So I'm going to set no bond on it.
• 43:55
  I think there's just a typo there and then there's there's
• 43:57
  no the bond isn't addressed. I know Judge Garcia always sets
• 44:01
  the no bond warrant in those circumstances if.
• 44:03
  If. You find out that he wasn't
• 44:05
  kicked out or left, then they need to clarify that with Judge
• 44:08
  Garcia. When I say they, I mean to say
• 44:10
  turn it. The state probation office needs
• 44:12
  to clarify that with Judge Garcia and see if she intended
• 44:14
  to set no bond. But I think that's what she
• 44:16
  intended to do based on what I'm seeing.
• 44:18
  So both of you have no bond warrants?
• 44:20
  I'm going to point the public Finish office to represent you
• 44:22
  in this VO. PS If you're asking for an
• 44:23
  attorney to represent you, that is Mr. Livingston, would you
• 44:26
  like to have an attorney appointed to represent you?
• 44:29
  Yes, Sir. All right, Mr. Coleman, same
• 44:31
  question. Yes, Sir.
• 44:33
  I'm going to going to point the Public Defenders office of the
• 44:36
  14th Circuit represent each of you listen to Mr. McDaniel and
• 44:39
  then we'll see if you have any questions on your cases in just
• 44:41
  a moment. We're going to not guilty as
• 44:44
  settle them on June 4th court doc and advise them that
• 44:46
  attorney will come by and visit them from the.
• 44:48
  Public. News Office.
• 44:49
  June 4th. Thank you, Mr. Mitchell.
• 44:52
  Anything from the state? Mr. Livingston's BOP cases will
• 44:56
  be on June 2nd with his felony cases.
• 44:59
  So, Mr. Livingston, since you have new criminal charges and
• 45:01
  felony court, you may, you may take care of everything on the
• 45:03
  second or get an attorney on the 2nd.
• 45:06
  And sometimes if you have new felony charges, you'll have the
• 45:09
  same attorney usually in the new felonies as you will in the VOP.
• 45:13
  So you you may be in court. You will be in court June 2nd.
• 45:16
  I don't think you may not come back June 4th.
• 45:18
  Mr. Coleman, you should be June 4th because yours are not based
• 45:21
  on the felony charges. Mr. Livingston, do you have any
• 45:24
  questions, Sir? No, Sir.
• 45:26
  Alright, Sir, I wish you the best.
• 45:27
  Mr. Coleman, do you have any questions?
• 45:29
  Yes, Sir. I wish you the best, Sir.
• 45:32
  Paul Childress. Yes, Sir.
• 45:37
  Mr. Childress. Good morning.
• 45:38
  Mr. Childress, you. Have a hold.
• 45:39
  Out of Leon County, I went and pulled the warrant this morning
• 45:42
  to try to make sure if it had a bond or not.
• 45:45
  And it's a violation of probation warrant with no bonds.
• 45:47
  So you'll be held for Leon County, you'll get transported
• 45:50
  over there. Today is Thursday.
• 45:52
  It could happen this week, could happen there tomorrow, but it
• 45:55
  also could happen the 1st of next week.
• 45:57
  What we do to keep track of the cases is I asked the jail to put
• 46:00
  you back on the docket 15 days from today.
• 46:02
  If you're still here. That's highly unlikely because
• 46:05
  of it being Leon County. It's two counties to the east of
• 46:07
  us. There's an excellent chance that
• 46:09
  you'll be in Leon County before then.
• 46:11
  When you get there, you'll go to another first appearance and
• 46:13
  that judge will address your bond further.
• 46:15
  Do you have any questions, Mr. Childress?
• 46:17
  No, Sir. Wish you the best Mr. Childress,
• 46:24
  Mr. McDaniels, everything I had on my docket this morning.
• 46:26
  Anything else from the Public Defender's office?
• 46:29
  That's a pretty short morning for Judge Minister.
• 46:32
  Good for him, but I'm not ready to leave Florida yet.
• 46:34
  Let's go spend a little time with Judge Devin Collier.
• 46:39
  We're here in Gulf County for our criminal arraignment docket.
• 46:41
  Mr. Morris. Good morning to you, Sir.
• 46:43
  Good morning, Your Honor. Dana Morris on behalf of Kian
• 46:46
  Epperson. That's case number 2652 CFMA.
• 46:51
  We have deposition scheduled for June 3rd.
• 46:54
  We're just seeking A pretrial conference date in July, if
• 46:57
  that's possible. All right, what's that?
• 46:59
  Do we have a document? Madam Clerk, July 9th at 1:30.
• 47:06
  How are you doing, Spreicer? Good morning.
• 47:08
  All right. Sir, thank you so much.
• 47:09
  Appreciate it. All right.
• 47:11
  Thank you, Mr. Morris. Yes, Sir.
• 47:13
  Thank you any. Other.
• 47:16
  Tanya Crosby, Mr. Hill, good morning to you, Sir.
• 47:21
  Good morning, Your honor. Miss Crosby, how you doing?
• 47:28
  I'm doing fine. Oh, come on up, man.
• 47:31
  Your Honor, before you at this time stands Tanya Elizabeth
• 47:34
  Crosby. A number of cases.
• 47:36
  They are 26. CF 6326.
• 47:40
  CF 64 and 26. CF 65.
• 47:45
  In each of those 3 cases, Miss Crosby is charged with one count
• 47:48
  of battery based on parking or with a prior conviction making
• 47:52
  in the third degree felony in 25 CT 49.
• 47:57
  That's the County court case and Miss Crosby has a violation of
• 48:00
  probation, all the which we intend to resolve here today.
• 48:04
  The agreed upon sentence calls for Miss Crosby to be
• 48:06
  adjudicated guilty of all offenses as to the felonies.
• 48:11
  She'll be placed on a period of probation.
• 48:13
  That's regular probation for 24 months.
• 48:15
  Court cost fees and fines will be ordered.
• 48:18
  Will weigh the individual reading of those costs.
• 48:20
  The cost of supervision will be assessed in the amount of $20.00
• 48:23
  per month. Miss Crosby has 37 days in jail
• 48:26
  as of today, so receive credit for that amount.
• 48:29
  There will be the standard 100 hours of public service work.
• 48:32
  She understands the Department of Hwy.
• 48:34
  Safety Motor Vehicles may imply penalties to her license.
• 48:37
  As to the misdemeanor VOP, that will be a time served 37 days.
• 48:41
  Be no contact with the victim of the victim's family, Stipulate
• 48:44
  there's a factual basis and she'll need to submit to Adna
• 48:47
  buckle swab if necessary. And like I said, that'll resolve
• 48:50
  all of Miss Crosby's cases today, Your Honor.
• 48:53
  Miss Crosby, What's? The highest level of education
• 48:55
  you completed, ma'am. 4th grade or 12th.
• 49:00
  I'm sorry. OK.
• 49:03
  Sign right there. Yes, ma'am.
• 49:11
  Thank you, ma'am. Hi, Miss Crosby.
• 49:13
  You're raised right here for us, ma'am.
• 49:14
  I do, Miss Crosby, Mr. Hill tells me you wish to resolve
• 49:18
  your cases you have pending this morning.
• 49:20
  Enter the no contest plea in exchange for probation.
• 49:24
  Has anybody promised you, threatened you, coerced you in
• 49:26
  any way to get you to accept this plea?
• 49:29
  You understand that you're waiving your right to a trial by
• 49:30
  jury. You're waiving your right to
• 49:32
  appeal anything other than an illegal sentence.
• 49:34
  And I can tell you this is not an illegal sentence.
• 49:36
  So essentially you won't be able to appeal anything.
• 49:38
  You understand that it's satisfied Mr. Hill's services
• 49:41
  had enough time to speak with him.
• 49:43
  Do you need additional time to speak with?
• 49:45
  Him. No, Sir.
• 49:46
  Under the influence of any alcohol, drugs and medication
• 49:49
  must advise you that if you're not AUS citizen by entering this
• 49:52
  plea because it's subject to deportation.
• 49:53
  You understand that ma'am, I'm going to step to a plea in all
• 49:56
  three cases and your county court VOP find that it's not
• 49:58
  intelligent and voluntary in your County Court VOP, 25 CT 49,
• 50:03
  you'll be sentenced to time served and on that I needed to
• 50:06
  ask you, do you admit you violated your probation?
• 50:09
  We understand we would not have an evidentiary here.
• 50:12
  And on the felony cases, 26 CF 6364 and 65.
• 50:17
  Ma'am, you'll be adjudicated guilty, placed on 24 months of
• 50:19
  probation. They'll be concurring with one
• 50:20
  another. You have court costs and fines
• 50:22
  of $1005 in each case. You waive my reading, individual
• 50:27
  reading of those court costs and bonds, you have 37 days jail
• 50:29
  credits. Is that accurate?
• 50:31
  Yes, Sir. You must perform 100 hours of
• 50:34
  public service work. The department, highway safety
• 50:36
  and motor vehicles may apply additional penalties.
• 50:38
  It'd be time served on the misdemeanor again, you have no
• 50:41
  contact with the victim or the victim's family.
• 50:43
  Do you understand that? Do you live near the victim?
• 50:46
  Work near the victim? Any reason to contact the victim
• 50:49
  or the victim's family? Do you understand indirectly you
• 50:51
  can't send messages to a third party must provide the DNA
• 50:55
  sample and your probation is revoked in the county court
• 50:58
  case. Is that everything?
• 50:59
  Council Miss Cross. We got 30 days from today to
• 51:01
  appeal the judgement and sentence.
• 51:02
  And if you cannot afford an attorney won't be provided for
• 51:04
  you. Best of luck to you, ma'am.
• 51:05
  Yes, Sir. OK, before you leave Miss
• 51:07
  Crosby, you need to check in with this young lady and see the
• 51:09
  deputy and get fingerprinted. Mackenzie Collison, Judge, if we
• 51:15
  could. Pass him.
• 51:17
  Well, I need to bring him back to the 130 dock if he has a
• 51:19
  matter. He wanted me to talk to Mr. Van
• 51:21
  about it. I just haven't had time to do
• 51:23
  that this morning. So on down.
• 51:25
  Or Ashley, just have a seat. We'll bring him back at 1:30.
• 51:27
  No need to bring you down just to tell you that.
• 51:29
  Dominic Duncan. Your Honor, before you this time
• 51:35
  is Dominic Nicole Duncan. She has a few cases on your
• 51:39
  docket and they are on your docket is case number 26, CF 53.
• 51:44
  We're also going to resolve county court cases. 26 MMM 2826
• 51:51
  MMM 162 and 20. Excuse me, 25 MMM 162 and 25 MMM
• 51:57
  144. As to count 126, CF 53, Miss
• 52:05
  Duncan will plead no contest to the charge of failing to
• 52:08
  properly register as a sex offender.
• 52:10
  That's a third degree felony. As to Count 1 and 26 MMM 28,
• 52:15
  that is a charge of violation of an injunction for protection, a
• 52:19
  misdemeanor. As to 25 MMM 162 and 144, those
• 52:24
  are all violations of probation and she will admit that she
• 52:27
  violated the terms of her probation in those cases.
• 52:30
  They agreed upon disposition calls for the court to
• 52:33
  adjudicate Miss Duncan to be guilty of all of the above
• 52:36
  offenses. As to the felony, she will
• 52:39
  receive a sentence of six months of community control, one or
• 52:42
  two, excuse me, with the electronic monitor pursuant for
• 52:45
  the statute. That will be followed by a
• 52:47
  period of probation for 30 months.
• 52:49
  While on probation, she will pay the court cost, fines and fees
• 52:52
  as ordered. We'll waive the individual
• 52:54
  reading of those costs and fines and fees.
• 52:57
  Cost of supervision will be assessed at $20.00 per month.
• 53:00
  Miss Duncan does have some jail credit and I'll get that for
• 53:03
  you, Your Honor. She will have to complete the
• 53:05
  100 hours of public service work.
• 53:08
  Miss Duncan will complete a substance abuse evaluation and
• 53:10
  follow up with any recommendation.
• 53:12
  She must enroll within 30 days of the sentence and complete any
• 53:16
  recommended treatment on the first attempt.
• 53:18
  She will also complete a mental health evaluation upon release
• 53:22
  from the jail within 30 days. Must enroll within 30 days and
• 53:26
  complete any recommended treatment on the first attempt.
• 53:28
  Ask all the misdemeanors. She will receive a sentence,
• 53:31
  time served and adjudication of guilt.
• 53:33
  There'll be no contact with the victim of the victim's family.
• 53:36
  Stipulate there's a factual basis.
• 53:38
  DNA buckle swab if necessary and that will resolve everything my.
• 53:43
  Victim's family is my family, my children.
• 53:49
  As long as there's an injunction, as long as there's
• 53:50
  an injunction in place, you can't have contact with the that
• 53:52
  victim. What about my children?
• 53:54
  The children not part of the injunction.
• 53:55
  I don't think you have contact with your children.
• 53:58
  You just can't have contact with the party in that injunction
• 54:00
  until that. Set up something where it goes
• 54:02
  to the court. It's family law, not in this.
• 54:05
  Court. Certainly not in this court.
• 54:11
  Miss What's? Your age, Miss Duncan, 36 What's
• 54:15
  your level of education? Highest.
• 54:17
  Miss Duncan, you psalmist swear from the testimony give be the
• 54:20
  truth. So help you God.
• 54:21
  And Miss Duncan, is this the way you want to resolve your cases?
• 54:23
  Yes, Sir. You believe it?
• 54:24
  You can put your hand down. You believe it's in your best
• 54:26
  interest? Yes, Sir.
• 54:27
  You understand? You're waving your right to a
• 54:28
  trial by jury. You're waving your right to
• 54:30
  appeal anything other than the legal sentence on your
• 54:33
  misdemeanor. Vops.
• 54:34
  Do you admit you violated your probation?
• 54:36
  Yes, Sir. You're not going to have an
• 54:37
  evidentiary here. You can speak up, ma'am.
• 54:40
  Yes, Sir. Are you under the influence of
• 54:41
  any alcohol, drugs and medication?
• 54:43
  Yes, Sir. You have a sufficient amount of
• 54:45
  time to speak with Mr. Hill? Yes, Sir.
• 54:46
  Are you satisfied with the services you have?
• 54:49
  You say? Yes, Sir.
• 54:49
  Do you have any questions about anything, anything whatsoever?
• 54:56
  I have to advise you if you're not AUS citizen by Internet
• 54:58
  split because subjected to deportation.
• 54:59
  You understand that, ma'am? Yes, Sir.
• 55:01
  Yeah, I'm clear minded this morning.
• 55:03
  Clear minded, ma'am. I'm going to accept your pleas
• 55:05
  non intelligent and voluntary and your DOP 25 MMM 162 and 25
• 55:12
  MMM 144. Ma'am, you'll be sentenced to
• 55:14
  time serve. Your probation will be revoked.
• 55:17
  Also in the misdemeanor violation of protection
• 55:20
  injunction for protection, you'll be sentenced to time
• 55:23
  served and adjudicated guilty on your felony case.
• 55:26
  Ma'am, you'll be adjudicated guilty, placed on six months of
• 55:29
  community control too. That's what the electronic
• 55:31
  monitor at the cost of $1.00 per day followed by 30 months of
• 55:35
  probation. You have court costs and fees an
• 55:38
  amount of $1005.00. You waive my individual reading
• 55:42
  of the court costs and fees. You must perform 100 hours of
• 55:45
  public service work. Within 30 days of your release
• 55:47
  from jail, you must enroll in a substance abuse evaluation,
• 55:50
  follow up with any recommended counseling.
• 55:53
  Also, within 30 days of your release, you must enroll in a
• 55:57
  mental health evaluation and follow up with any recommended
• 56:00
  counseling. You must complete any
• 56:02
  recommended courses on the first attempt.
• 56:05
  Again, time served under misdemeanor.
• 56:06
  No contact with the victim. You can't have contact with your
• 56:09
  children. Provide ADNA sample.
• 56:12
  And again, you meant your of your violations in cases 25 MMM
• 56:16
  162 and 25 MMM 144. Is there anything else, Mr.
• 56:20
  Hill? Yes, Judge, the the credit since
• 56:22
  our most recent arrest was 45 days.
• 56:24
  All right. And that jail credit, you agree
• 56:25
  with that, ma'am? 45 days.
• 56:28
  Yes, Sir. All right.
• 56:29
  We got 30 days from today to appeal the judgement and
• 56:31
  sentence. And if you cannot afford an
• 56:32
  attorney, one with the letter for you.
• 56:33
  Best of luck to you, ma'am. Richard Duncan.
• 56:37
  Looks like he has private council.
• 56:40
  You know, the written plea of not guilty.
• 56:41
  We'll bring him back. What's?
• 56:45
  Take a look at that July 9th. OK, July July 9th at 1:30.
• 56:50
  Ken Epperson. We already hand up Mr. Epperson.
• 56:53
  Charles Gamblin. Your understanding before you
• 56:57
  this time is Charles Gamblin test #25 CF 16.
• 57:03
  At this time, Mr. Gamblin with withdrawal.
• 57:05
  Any previous entered denials in this case entered admission that
• 57:08
  he violated the terms and conditions of a supervision.
• 57:12
  Mr. Gamblin's probation is being modified and he is adjudicated
• 57:16
  guilt. If not previously, he will be
• 57:18
  assessed to $250. VOP court calls all previously
• 57:22
  imposed conditions of a supervision that have not been
• 57:25
  completed must be completed. As a special condition of this
• 57:28
  sentence, Mr. Gambling will be ordered to attend and complete
• 57:32
  the Chrome Recovery program in Marianna.
• 57:35
  He must also complete any aftercare that is recommended
• 57:39
  upon completion of that program. And this sentence is also going
• 57:42
  to be served currently with the sentence that he previously
• 57:44
  received out of Bay County. Excuse me, That'll take care of
• 57:48
  Mr. Gamblin's cases today, Judge.
• 57:50
  Is that right there? Yes, Sir.
• 57:52
  Alright, Mr. Gambling, raise your right hand for us.
• 57:58
  Yes, Mr. Gambling, you admit you violated your probation?
• 58:00
  Yes, Sir. Anybody threaten you?
• 58:02
  Of course. You promise you anything?
• 58:03
  No, Sir, Alright. You understand we're not going
• 58:05
  to have an evidentiary here? Yes, Sir.
• 58:07
  Under the influence of any alcohol, drugs or medication?
• 58:09
  No, Sir. I'm going to accept your
• 58:10
  admission. There's no intelligent and
• 58:11
  voluntary, Sir. Your probation will be modified
• 58:14
  as follows. If you are not previously
• 58:15
  adjudicated guilty, you'll be adjudicated guilty.
• 58:17
  You have an additional $250 violation of probation court
• 58:20
  calls. You must enter and complete the
• 58:22
  Chrome recovery bars to bed and any aftercare that is
• 58:25
  recommended and this will sentence will serve will be
• 58:29
  served concurrently with any sentence out of Bay County.
• 58:31
  Yes, Sir. You got 30 days from today to
• 58:33
  appeal the judgement and sentence.
• 58:33
  And if you can't afford an attorney, what will be provided
• 58:35
  for you? Best of luck to you Sir.
• 58:37
  Thank you, Jeff. Hey, Mr. Gamer, check in right
• 58:39
  here. And then you'll need to be
• 58:40
  fingerprinted as well. And Max Hayden Garland.
• 58:45
  Mr. Garland, good morning. Judge on Mr. Garland's behalf at
• 58:49
  this time. I acknowledge receipt of the
• 58:51
  information, enter a not guilty plea on his behalf, and request
• 58:54
  that Mister Garland return for pretrial in June, please.
• 58:57
  All right, Mr. Garland, we will see you.
• 59:00
  Not guilty plea has been entered on your behalf.
• 59:01
  We'll see you for a pretrial conference June 11th at 1:30.
• 59:05
  Mr. Garland, you're going to sign a notice telling you when
• 59:07
  to come back. I need you to sign that.
• 59:08
  And before you leave today, if you'll step over to my table,
• 59:11
  give us some information because we'll need to get you in the
• 59:13
  office for a contact visit. OK.
• 59:26
  Wayne Goggins. Just standing before you this
• 59:32
  time is Wayne Edward Goggins, case number 26.
• 59:35
  CF 54. At this time, Mr. Goggins will
• 59:39
  enter a no contest plea to the charge of Grand Theft at Third
• 59:42
  Degree felony. He will be adjudicated guilty of
• 59:45
  that charge and placed on regular probation for a period
• 59:48
  of two years, during which time Mr. Coggins will pay the court
• 59:52
  cost, fines and fees as ordered, as well as the community service
• 59:55
  hours restitution. It's got $2000 on here, but it's
• 1:00:02
  my understanding that the property was returned.
• 1:00:04
  Do you OK, Judge? We'll reserve jurisdiction on
• 1:00:08
  the restitution because I do believe the property was
• 1:00:09
  returned to the victim. So 100 hours of public service
• 1:00:14
  work, $20 cost of supervision on Department of Hwy.
• 1:00:17
  Safety motor vehicles can apply penalties to the license stick
• 1:00:21
  laser as a factual basis. DNA sample if necessary and have
• 1:00:24
  no contact with the victim. So as Mr. Coggins lives in
• 1:00:28
  primarily in Okeechobee County, so I have instructed him that
• 1:00:30
  his probation can be transferred to Okeechobee County should he
• 1:00:35
  decide to return there. I've also explained to him that
• 1:00:38
  he will initially have to report in locally to probation and stay
• 1:00:42
  in contact with them. One issue that he did have is
• 1:00:46
  that he works on a dredge boat, so he's offshore some.
• 1:00:49
  And I told him that when he reports and he needs to let his
• 1:00:52
  probation officer know when and where he's going to be on this
• 1:00:54
  dredge boat and if it, I mean, they'll work with him on when he
• 1:00:58
  needs to report in. Obviously if he's on the boat,
• 1:01:00
  he can't come ashore, but as soon as he does come ashore, he
• 1:01:03
  needs to report in and let the probation officer know that he's
• 1:01:06
  back on land and follow all their instructions.
• 1:01:10
  Mr. Coggins, if you'll sign right there, Sir.
• 1:01:14
  Mr. Coggins, you raise your right hand for us.
• 1:01:20
  Yes, ma'am. Mr. Goggins, did you hear Mr.
• 1:01:21
  Hill's announcement about how you're going to resolve your
• 1:01:23
  case this afternoon? Yes, Sir.
• 1:01:24
  Anyone promise you? Threaten you?
• 1:01:26
  Coerce you? No.
• 1:01:27
  All right. Do you believe there's please in
• 1:01:28
  your best interest, Sir? Or do you believe there's please
• 1:01:31
  in your best interest? Yes, Sir.
• 1:01:33
  Have you had a sufficient amount of time to speak with Mr. Hill
• 1:01:35
  about this case? Yes, Sir.
• 1:01:36
  Do you need an additional time to speak with him?
• 1:01:38
  Yeah, yeah, you. Do you need additional time to
• 1:01:40
  speak with Mr. Hill No, Sir. Are you satisfied with the
• 1:01:43
  services? I don't like the felony part
• 1:01:45
  because I don't the guy got his bike back.
• 1:01:49
  I wasn't intentionally trying to steal the bike.
• 1:01:52
  It's like it was trash. As far as Mr. Hill's, do you
• 1:01:55
  have any complaints about Mr. Hill's representation of you?
• 1:01:59
  That's good to hear. Are you under the influence of
• 1:02:02
  any alcohol, drugs, medication? You understand we're not going
• 1:02:04
  to have a trial in this case. Do you understand that you are
• 1:02:06
  waiving your right to appeal anything other than a legal
• 1:02:09
  sentence? Yes, Sir.
• 1:02:11
  And if you're not AUS citizen by internist plea could subject to
• 1:02:14
  deportation. You understand that, Sir?
• 1:02:15
  Yes, Sir. How old are you?
• 1:02:17
  47. And what's your highest level of
• 1:02:18
  education? 12th grade.
• 1:02:20
  All right, Mr. Goggins, I'm going to accept your pleas.
• 1:02:22
  No. Intelligent and voluntary.
• 1:02:23
  In this case, you'll be adjudicated guilty of 1 count of
• 1:02:25
  Grand Theft placed on 24 months of probation.
• 1:02:28
  If court calls and fines an amount of $1005, I'll reserve
• 1:02:32
  jurisdiction In this case. To determine restitution, you
• 1:02:35
  must perform 100 hours of public service work.
• 1:02:37
  Your cost of supervision is $20.00 per month.
• 1:02:40
  Must provide ADNA sample. No contact with any victim.
• 1:02:43
  The Department of Hwy. Safety and Motor Vehicles man
• 1:02:46
  impose additional penalties. I'm just going to check the box.
• 1:02:50
  Council that basically says strike through the $2000 and
• 1:02:53
  check the box to reserve. Thank you, Judge.
• 1:02:56
  What does that mean? Hey.
• 1:02:57
  Reserve. Yeah, we're they.
• 1:02:59
  They got the bike back. They're hung up out.
• 1:03:00
  You don't have to worry about your say anything.
• 1:03:03
  OK, OK all. Right, Mr. Goggs, have any other
• 1:03:07
  questions? Will it be early termination for
• 1:03:10
  the probation? You can always.
• 1:03:12
  There's a statutory. Yeah, there.
• 1:03:14
  There's a statutory basis. If you pay off everything, you
• 1:03:16
  complete all your conditions at the halfway point, you can
• 1:03:19
  apply. OK.
• 1:03:20
  All right. I have no objection to you
• 1:03:21
  transferring your probation. You said Okeechobee County.
• 1:03:24
  I didn't. OK, I have no objection to that.
• 1:03:26
  You got 30 days from today to appeal the judgement and
• 1:03:28
  sentence. And if you cannot afford,
• 1:03:29
  attorney won't be provided for you.
• 1:03:30
  Best of luck to you. Thank you.
• 1:03:32
  Checking all. Right.
• 1:03:33
  Good morning once again, everybody.
• 1:03:34
  TCF live on a Thursday. We're in hour 2 now already.
• 1:03:37
  I don't know how these mornings go so fast.
• 1:03:40
  I wanted to address something real quick was being talked
• 1:03:42
  about in the chat, mostly by Barbara, and that's the fact
• 1:03:45
  that we're going 3 hours today and I've been going 3 hours a
• 1:03:48
  lot instead of four. And I, I made indication that
• 1:03:52
  it's because of the amount of work that I have.
• 1:03:55
  My lists have lists, but I wanted to make it clear that the
• 1:03:58
  majority of what's going on and the reason why I'm claiming back
• 1:04:02
  an hour right now actually has to do with this show, with TCF,
• 1:04:07
  with the channel and with the, the bigger, the bigger media
• 1:04:11
  empire we're trying to build, if you will.
• 1:04:13
  We've been doing a lot of upgrades here in the studio, for
• 1:04:16
  example, right in front of me now, something I have that
• 1:04:19
  didn't used to have as a teleprompter, so I can make
• 1:04:21
  better eye contact with you guys and be more engaging and still
• 1:04:27
  getting that dialed in. But one of the we're changing a
• 1:04:31
  lot of things, trying to make everything just a little bit
• 1:04:33
  better for all of you. And one of the things that I've
• 1:04:35
  changed that I wanted to make you aware of, and that's where
• 1:04:38
  some of this time is going right now, is we've reworked the
• 1:04:41
  podcast version of this show. You know, we've been putting it
• 1:04:45
  out on Apple, Spotify, every place where you get your
• 1:04:48
  podcasts for a long time now. But recently we've started doing
• 1:04:53
  serious edits to that podcast specifically.
• 1:04:58
  We're pulling out all of the breaks and pauses that we see
• 1:05:02
  live here. So essentially, depending on the
• 1:05:05
  day, it pulls anywhere from 20 to 40 minutes of dead air out of
• 1:05:11
  the podcast. So it moves much faster.
• 1:05:15
  So I throw that out there to you #1 to let you know that we're
• 1:05:18
  doing work. We're not just taking an hour
• 1:05:20
  off because, but the podcast is a great way for you to catch
• 1:05:25
  things that you've missed or if you want to rehear stuff, things
• 1:05:30
  like that. It's a great way to do it and
• 1:05:32
  it's really easy to find it. Go to tcfhub.com/apple or TCF
• 1:05:37
  hub.com/spotify. It'll take you right to the
• 1:05:40
  Apple or Spotify version of the podcast or go wherever you get
• 1:05:44
  your podcast and just search for the courtroom files.
• 1:05:47
  But the podcast is really cool now because again, all the
• 1:05:51
  pauses that we see, they're just gone from the audio version.
• 1:05:55
  So it's worth checking out anyways, I just wanted to be
• 1:05:58
  clear on the fact that we're using that hour that that we're
• 1:06:03
  losing on the show right now. And I hope to go back to four
• 1:06:05
  hours soon. You know, we did 4 hours Monday,
• 1:06:07
  but maybe next week if I can get things caught up.
• 1:06:11
  Anyways, let's let's go to Texas and Judge Stevens.
• 1:06:17
  You know this is a 20 month old deceased child on this case.
• 1:06:21
  I appreciate the the need for them to do what they need to do,
• 1:06:26
  but this was already on the trial document and had had pre
• 1:06:31
  required trial settings before it was pulled off.
• 1:06:35
  Family wants this case moved along and I agree with that.
• 1:06:40
  I'm requesting that get placed on the trial document.
• 1:06:43
  What about that? We're not, we're not opposed to
• 1:06:46
  that. We do understand the delays and
• 1:06:48
  we're, we're, we're trying to move forward.
• 1:06:50
  So if we get it, they we're comfortable.
• 1:06:52
  What's good can. Do y'all want to try to work
• 1:06:56
  something out amongst yourselves or not?
• 1:06:58
  You want me to just set up judge?
• 1:07:00
  No, I'm talking about. A date for trial.
• 1:07:02
  And then I'm. Open to that.
• 1:07:04
  I'll be available whenever he's ready, judge.
• 1:07:06
  What I'm going to do is I'm going to set it on a trial
• 1:07:08
  docket and if there's a special setting that y'all can work out,
• 1:07:12
  let me know, OK? Right now we're looking to end
• 1:07:15
  of summer. That's, that's fine because
• 1:07:17
  that'll give him time to what he needs to do.
• 1:07:19
  And I'll be, I'll be available and ready July.
• 1:07:23
  August this will. Come on Judge, we have with.
• 1:07:25
  Fund. Settings throughout July so.
• 1:07:27
  OK, the only week. First part of August.
• 1:07:29
  OK, I'm going. I'm going the first week of
• 1:07:32
  August 1st, of course. That is the first.
• 1:07:36
  Full week. Middle of August, you're.
• 1:07:37
  Going to be the. You're the first full week.
• 1:07:39
  The first full week is the seminar week, Judge.
• 1:07:42
  OK of August, 2nd week, second full week, August.
• 1:07:46
  OK. Thank you, Judge.
• 1:07:47
  Those who don't, thank you. Alejandro.
• 1:07:54
  That's wonderful. Yeah.
• 1:07:55
  And then I'll meet with Karen Dean.
• 1:07:58
  That's all of this more. Thank you let.
• 1:08:01
  Me know if that. Yes, Sir, which means cross 25
• 1:08:08
  CR 804 is now called Alejandro Cruz Juba, and that's you.
• 1:08:15
  Yes, Sir, and we've got a. Case.
• 1:08:19
  State jail Felon of burglary of a.
• 1:08:21
  Building it's announcement. Yes, Sir, she's optimist at his
• 1:08:24
  case for tell. Who isn't?
• 1:08:27
  Just doing what the record today somebody says I don't want to
• 1:08:30
  trial, I'll jump out, I'll make a window and jump out.
• 1:08:34
  I want the record to reflect that he's rejecting a 1244 year
• 1:08:38
  county jail town and subject to that.
• 1:08:40
  We're revoking that awful. All right.
• 1:08:43
  That's. So what's criminal history?
• 1:08:48
  Any. On this.
• 1:08:50
  I. Believe so.
• 1:08:51
  Yes, Sir. He's not eligible for probation.
• 1:08:54
  Well, he's got actually 31 pages worth of criminal history.
• 1:08:58
  OK, so it's a state jail felony. And is it what's it punished as
• 1:09:02
  a third degree or a second degree?
• 1:09:04
  It's invited solely as a Stateville offense, Jeff, But
• 1:09:11
  you give notice. Yes, Sir, we can.
• 1:09:14
  I will give her the attorney. That's aside about providing
• 1:09:17
  proper notice that they can enhance it.
• 1:09:20
  Possible. OK, Yeah.
• 1:09:23
  Are you able to see enough to determine whether it's a third
• 1:09:27
  degree or a second? I'm looking judge.
• 1:09:29
  OK minimum 2 whatever it is it's going to be two to 10 or 2 to
• 1:09:33
  20. The problem here is reading
• 1:09:35
  other states scientific histories, so we'll.
• 1:09:38
  Mobile fetch Can I have a request for pin?
• 1:09:41
  Packets in my discovery. Without have any of the pin
• 1:09:44
  packets so I can't see it. We don't.
• 1:09:56
  There's a three-year sentence out of Cook County in 2008
• 1:10:02
  that's in the state of Indiana. An 18 month sentence in Cook
• 1:10:06
  County in 2008. Sentence for four years.
• 1:10:11
  In. Prison in Cook County in 2010
• 1:10:15
  concurrent with a three-year sentence.
• 1:10:17
  Run off possession of a firearm in 2008.
• 1:10:22
  So it looks like with those we should be able to enhance this
• 1:10:25
  put to a second degree. Judge may or may not work, but
• 1:10:29
  that's what it's looking at. OK.
• 1:10:32
  So it's going to be a minimum of whatever it is and it'll leave
• 1:10:35
  the two to 10 or 2 to 20 the. Defendant is not.
• 1:10:37
  Eligible for probation and he's passing up the 12:44.
• 1:10:41
  Done. It's set for trial.
• 1:10:43
  No deal. It's going to go to trial.
• 1:10:45
  When can we place this on file? August.
• 1:10:50
  OK, put it one in whatever docket and it will be trying
• 1:10:55
  next is get resetting? Marco, Marco Lynn.
• 1:10:59
  Adams. No, no.
• 1:11:01
  On that, what's the jury about this cabinet?
• 1:11:04
  Thank you. What are we doing?
• 1:11:07
  This is another announcement, right?
• 1:11:09
  Yes, Judge. He has an appointment with my
• 1:11:10
  office today and to come. You discovered one more
• 1:11:14
  announcement don't get setting. I think we'll have a direction.
• 1:11:19
  OK, 4 would be great, but if you got 3.
• 1:11:22
  You got. Thank.
• 1:11:23
  You. Elena.
• 1:11:27
  Gidros yeah, We're not asking for a trial.
• 1:11:34
  We're just asking for a little. Time.
• 1:11:36
  I think we can have it worked out.
• 1:11:38
  Never a month. Never a month it's.
• 1:11:41
  Four weeks, OK, that's. Fine, All right.
• 1:11:43
  Perfect. Yeah, you too, all.
• 1:11:45
  Right, see you in the back seat. And let's go back early to the
• 1:11:50
  very beginning. These are Dustin Galmore's
• 1:11:55
  cases. Anybody know where he is?
• 1:11:57
  Haven't seen him do it. Well, they find the lawyer.
• 1:11:59
  Barbara, thank you for the $5. Dan, I just want you to know
• 1:12:02
  that you do great work and we're all, we all really appreciate
• 1:12:06
  what you do. Thanks so much for being here
• 1:12:08
  for us. We love you here at TCF.
• 1:12:11
  Well, we all love you too, Barbara, and it's my pleasure to
• 1:12:14
  do it. In case you haven't noticed, I
• 1:12:16
  take all of this very seriously. I try to deliver the best I can
• 1:12:20
  every day, be 1% better every day, and do things just a little
• 1:12:24
  bit differently from what you might see every place else.
• 1:12:27
  So I hope you all appreciate it and thank you so much.
• 1:12:33
  In cars #25 CR 1664, I asked the bailiff to call into the hall
• 1:12:39
  for Brooklyn Garrett. Please.
• 1:12:44
  Brooklyn Garrett. What's that bond?
• 1:12:52
  Another stalking. Yeah, we're getting.
• 1:12:54
  You're not fishing at those. They come in waves.
• 1:12:57
  At least I have a good. Jury charge now.
• 1:13:00
  But it hurts. But no kidding.
• 1:13:04
  Well, let's just got a no. Thought there was an
• 1:13:08
  enhancement. Bonds 15,000.
• 1:13:12
  Thank you. All right, we'll come back to
• 1:13:14
  Judge Stevens at some point once he racks up another set of
• 1:13:17
  contestants. But in the meantime, let's go
• 1:13:19
  back up to Michigan Judge Simpson.
• 1:13:22
  Waivers, the court will consent to hear the matters.
• 1:13:25
  Court does call the case of the People versus Deshawn Gainey.
• 1:13:30
  Morning, Brian. Molly on behalf of Mr. Gaines to
• 1:13:34
  be zooming in from the MDOC facility.
• 1:13:37
  I think he's there. Mr. Gainey, can you state your
• 1:13:39
  name, please? Deshawn, Eliza Gainey.
• 1:13:42
  Thank you. I had before a me a plea form
• 1:13:45
  that indicates he's going to be pleading to an added count 3 of
• 1:13:48
  false pretense is 200 to 1000 to one year offense.
• 1:13:51
  On a successful plea of that charge, counts one and two would
• 1:13:56
  be dismissed. Defendant is also agreeing to
• 1:13:59
  pay restitution in the amount of $820 to Collier and five O 695
• 1:14:08
  to Meyer. That is correct, Your Honor.
• 1:14:10
  That's my full understanding as well.
• 1:14:12
  Your Honor, I did discuss that plea resolution with Mr. Gainey
• 1:14:15
  over the phone on Tuesday. He wants to accept that he did
• 1:14:19
  give the authority to sign the plea form on his behalf and the
• 1:14:22
  advice and rights form, which we did review.
• 1:14:24
  All right, very good. Gainey, can you raise your right
• 1:14:27
  hand, please, Sir? Solemnly swear a firm testimony
• 1:14:30
  you're about to give will be the truth.
• 1:14:31
  Hold truth, nothing but the truth.
• 1:14:32
  So help you God. Yes.
• 1:14:35
  Sir, all right, state your name again for me, please.
• 1:14:37
  Deshawn, Elijah Gainey. All right, Mr. Gainey, it's this
• 1:14:40
  court's understanding you're going to plead guilty to the
• 1:14:43
  charge of false pretenses, 200 to 1000.
• 1:14:46
  That is a misdemeanor punishable by up to one year incarceration,
• 1:14:50
  a $2000 fine plus court cost. The fine could be increased to
• 1:14:54
  three times the value of the property taken.
• 1:14:55
  If that's greater than $2000, that would become the maximum
• 1:14:58
  fine. You understand that, Sir?
• 1:15:00
  Yes, Sir. Understanding that, Still wish
• 1:15:02
  to plead guilty. Yes, Sir.
• 1:15:05
  And to that charge, how do you plead?
• 1:15:07
  Guilty. And you understand that by
• 1:15:08
  pleading guilty, you'll not have a trial of any kind?
• 1:15:10
  Yes, Sir. He had your attorney executed
• 1:15:14
  advice or rights for you? Is that correct, Sir?
• 1:15:17
  Yes. Any questions regarding any of
• 1:15:20
  those rights? No, Sir.
• 1:15:22
  You understand that you're waiving or giving up all the
• 1:15:24
  rights that are contained on that.
• 1:15:26
  Form I understand. You understand you're giving up
• 1:15:30
  your right to a people of wrath. Yes, Sir.
• 1:15:32
  Are you on probation or you're not on probation or parole?
• 1:15:35
  That's a silly question, but I got to ask, right?
• 1:15:38
  Well, I'll be on parole upon release, but not at the moment,
• 1:15:41
  no. Say that again.
• 1:15:43
  I said I'll be on parole upon release from prison, but not at
• 1:15:47
  the moment, no. Not at all.
• 1:15:48
  Right. Has anybody promised you
• 1:15:50
  anything other than what's been stated here today to get you to
• 1:15:53
  plea? No, Sir.
• 1:15:55
  Anybody threaten your coercion? No, Sir.
• 1:15:58
  You're doing this voluntarily. Yes, I am.
• 1:16:02
  And also of your own free will, because you believe that you're
• 1:16:04
  guilty of this offense. Yes, all right.
• 1:16:08
  On the date of August 21st, 2024, at the location of 2723
• 1:16:13
  Oak Valley Dr. Pitchfield Township, Washer County, State
• 1:16:17
  of Michigan. What'd you do that makes you
• 1:16:20
  think that you're guilty? Obtain credit cards.
• 1:16:23
  OK, you obtain credit cards, but you didn't have the authority to
• 1:16:26
  use those credit cards? No, Sir.
• 1:16:29
  All right. And guessing from the
• 1:16:32
  restitution, you went into Meijer and used those credit
• 1:16:35
  cards? Yes, Sir.
• 1:16:37
  And then you you received some type of goods or products from
• 1:16:43
  Myers by using those credit cards, is that correct?
• 1:16:47
  Yes. Sir.
• 1:16:48
  All right. So I do have to advise you that
• 1:16:50
  if between the time of my acceptance of your planning, the
• 1:16:52
  time of sentencing, that if you commit misconduct as defined in
• 1:16:57
  Michigan court rules, you would not be entitled to withdraw your
• 1:16:59
  plea and the court would not be bound by any sentence evaluation
• 1:17:02
  or recommendation. You understand that, Sir?
• 1:17:05
  Yes, Sir. Is Council aware of any other
• 1:17:07
  promises, threats or other inducements which have led to
• 1:17:10
  this? I'm aware of them.
• 1:17:12
  Have I complied with the court? People are.
• 1:17:15
  That's fine. We have Judge.
• 1:17:16
  Thank you. Court will accept the
• 1:17:17
  defendant's plea. Guilty to Count 3.
• 1:17:18
  Counts 1 and 2 are dismissed. Pre sentence investigation and
• 1:17:22
  report is ordered at 1481 probation.
• 1:17:25
  Sentencing will be. Sentence.
• 1:17:28
  At 12. She's going to be able to get to
• 1:17:30
  here by then. May 27th, 2026, 12:00 noon Wood
• 1:17:35
  Day. Pardon.
• 1:17:37
  Wood Day Citizen. May 27th.
• 1:17:41
  OK. OK, My probation officer, be in
• 1:17:44
  touch with you. OK.
• 1:17:46
  All right, Thank you. Bond continue Corco's case of
• 1:17:50
  people versus Wynonna Harvey. I should call this for the
• 1:17:53
  people turning your honor to our games.
• 1:17:55
  In your system reference Harvey. Harvey with your name?
• 1:18:01
  Yes. Would you state your name,
• 1:18:02
  please? Well, no.
• 1:18:03
  No, Harvey. Oh, I understand.
• 1:18:07
  I've received the report and at this time would stipulate to the
• 1:18:12
  report. Where she is still incompetent,
• 1:18:14
  said, but restorable. That is correct, John.
• 1:18:17
  We'll have any other additional information we.
• 1:18:20
  Also simulate that important station and ask you if I make
• 1:18:22
  that finding. All right, we'll make the
• 1:18:25
  finding it and it is incompetent but restorable set a re review
• 1:18:30
  date for August 6th, 2026 9:00 AM bound will bound will
• 1:18:37
  continue. Thank you.
• 1:18:39
  What will continue say again? What's going to?
• 1:18:44
  Continue. What's going on?
• 1:18:47
  What's going on? What's going on?
• 1:18:48
  OK. I made, I made a finding based
• 1:18:51
  upon a report we have that they're trying to restore you to
• 1:18:54
  competency. So as soon as I get that order,
• 1:18:57
  I'll sign it and then we'll see you in August.
• 1:19:00
  OK. OK.
• 1:19:03
  Thank you. All right.
• 1:19:05
  Can you make sure? There's somebody there, an order
• 1:19:07
  for the court on that finding. Court does call the case People
• 1:19:10
  versus Anthony Reeves. Good morning.
• 1:19:14
  I'm Rob Chico on behalf of Mr. Reeves.
• 1:19:15
  Anthony, which state your name for record?
• 1:19:17
  Anthony Lamar Reeves. Thank you, Sir.
• 1:19:20
  Judge, I had a phone conversation with him this
• 1:19:22
  morning. My visit kind of got screwed up,
• 1:19:25
  but that being as you set this for our exam, the discovery is
• 1:19:29
  complete. And what facility are you in,
• 1:19:33
  Sir? In Lapeer to see him?
• 1:19:37
  He's in Lapeer because we're on the 19th now.
• 1:19:41
  I just set it either for the 26th or June 2nd.
• 1:19:47
  Judge, he'd like the earliest possible date.
• 1:19:49
  Earliest possible. OK, I'll have to go a little
• 1:19:52
  further out so we can get it transported down.
• 1:19:54
  People have their witnesses available on the 26th.
• 1:19:59
  Preliminary examination in person will be set May 26th,
• 1:20:05
  2026, 9:00 AM. Before before me and say I'll
• 1:20:11
  come out and see you OK. Thank you, Sir.
• 1:20:15
  Court calls the case People versus Toronto Rogers.
• 1:20:19
  Morning, Your honor, Raven Cook. For the people.
• 1:20:21
  Good morning, Your Honor. Assistant Public Defender
• 1:20:23
  Chelsea Brigilles with and on behalf of Torino Rogers.
• 1:20:26
  Mr. Rogers, please state your name.
• 1:20:29
  Torino's Molly Rogers. Thank you, Sir.
• 1:20:31
  And I'm asking to adjourn this probable cause conference.
• 1:20:34
  There's an update on the flea discussion I need to share with
• 1:20:37
  my client and has unfortunately not approved me as a visitor.
• 1:20:41
  They've not. No, I applied though.
• 1:20:44
  Probable Cause Conference May 28th, 2026, 9:00 AM I'll
• 1:20:49
  continue. Thank you, Your honor.
• 1:20:51
  Thank you poor cause case people versus Rajad, he said.
• 1:20:56
  I should I should deparshit. When you're on arrangement.
• 1:21:01
  Book for the people. I'm sure that's correct.
• 1:21:03
  That's all I could the Judge torso, future Assistant Public
• 1:21:08
  Defender on behalf of my client, who should be on Zoom.
• 1:21:12
  Please state your name for the record, Sir.
• 1:21:14
  Riyadh Azar Pasik. Exactly what I said.
• 1:21:18
  Yes, Sir. He did good.
• 1:21:19
  He did great, Yeah. Thank you.
• 1:21:22
  Thank you for the compliment. I I blew it.
• 1:21:25
  I know it. All right, What are we doing?
• 1:21:28
  To my knowledge all. Discovery is complete.
• 1:21:29
  We're asking for an exam day. Please Judge.
• 1:21:32
  People have their witnesses available.
• 1:21:33
  The 19th. You are best, Your Honor.
• 1:21:36
  Preliminary examination in person will be set May 19th,
• 1:21:40
  2026, 9:00 AM before Judge Garwood.
• 1:21:47
  Bond will continue. Thank you.
• 1:21:48
  That's an in person hearing, Sir.
• 1:21:50
  Thank you. Thank you.
• 1:21:52
  Workouts The Case of the People versus Dianne Baldwin.
• 1:21:56
  Good. Morning, Joy.
• 1:22:00
  Thank you. Good morning Joy Gaines, Senior
• 1:22:03
  Assistant Public Defender over representing Mr. Baldwin.
• 1:22:06
  Your name, Sir? Dion, Tarr Baldwin.
• 1:22:09
  All right. This matter was adjourned last
• 1:22:11
  time for some additional time for us for our office and Mr.
• 1:22:14
  Baldwin to go over the and to consider the recommendations in
• 1:22:20
  the evaluation which we're recommending that Mister Baldwin
• 1:22:26
  be found not competent, but restorable.
• 1:22:28
  When what's the data you're with for?
• 1:22:31
  Your Honor, we were in court two weeks ago, so I I will grab my
• 1:22:36
  laptop site. It's set.
• 1:22:38
  Right. And then we had to adjourn it
• 1:22:39
  out, but I got it from a February date.
• 1:22:43
  That is correct. OK.
• 1:22:45
  Yes, and I. Reviewed that.
• 1:22:47
  So you're stipulating to that report?
• 1:22:49
  That is correct. You're on people stipulating
• 1:22:54
  based on a review of that report.
• 1:22:55
  The court would find it depending at this time is
• 1:22:57
  incompetent stand trial but restorable and I've signed an
• 1:23:02
  order to that effect. I will set a review hearing in
• 1:23:05
  this matter for August 6th, 2026 9:00 AM.
• 1:23:11
  Bond will continue. Thank you. 7 just going to wait
• 1:23:18
  for them to. Workout the case, people versus
• 1:23:20
  Derek Hunt. Sorry.
• 1:23:23
  AJ. Good morning, Your Honor.
• 1:23:25
  Sarah Bronner, Assistant Attorney General for the People.
• 1:23:27
  Morning. Assistant public defender
• 1:23:29
  Chelsea Virgiles with and on behalf of Derek Hunt, who
• 1:23:32
  appears to be as Zoom. Mr. Hunt, state your name.
• 1:23:36
  Derek Hunt. All right, well.
• 1:23:40
  In a month, if possible, he has been, he has made a payment and
• 1:23:45
  he's ready to make further payments.
• 1:23:47
  My understanding is there's a change in the total amount owed.
• 1:23:50
  So I think we're close to, you know, moving on in this case,
• 1:23:55
  just asking for a little more time.
• 1:23:56
  All right, any objection from the people?
• 1:23:59
  I'm not sure why do we keep delaying it here instead of just
• 1:24:02
  waving up and entering the delay plea.
• 1:24:04
  Then I think, I think he's in a position where we can move
• 1:24:06
  forward with that if you'd like. OK, I did not realize that.
• 1:24:10
  I apologize. Is it possible to ask Mr. Hunt
• 1:24:13
  on the record if you'd like to wave?
• 1:24:16
  Oh well, you haven't had the conversation with him, right?
• 1:24:20
  I have discussed Mr. Hunt. Do you Remember Me telling you
• 1:24:23
  about your right to a preliminary exam and how any
• 1:24:25
  offer in this case requires a waiver of that exam?
• 1:24:27
  Yeah. I, I, I briefly.
• 1:24:30
  That's our first conversation, yeah.
• 1:24:31
  If you'd like, you can wave today, move up to Circuit Court
• 1:24:34
  and we can seek a resolution there based on the offer I've
• 1:24:36
  previously discussed with you. I would like if we can still
• 1:24:41
  just like try to adjourn it for at least one more month.
• 1:24:43
  I have majority of the money, so I'm I'm just making sure I have
• 1:24:47
  all the funds. OK, that's fine.
• 1:24:50
  If he needs one more adjournment, I'm looking at a
• 1:24:52
  balance of just over 31,000 right now, just so we're aware.
• 1:24:57
  But yeah, that's fine. Judge if if she.
• 1:24:58
  Just over 31. All right, Yeah.
• 1:25:01
  Probable cause conference will be adjourned June 4th, 2026,
• 1:25:05
  9:00 AM. Bound to continue.
• 1:25:07
  Thanks, your Honor. Thank you.
• 1:25:09
  And, and Madam Attorney General, you see the that figure that you
• 1:25:13
  gave, he did a $5000 payment get attributed to the account.
• 1:25:18
  Can you see that? I see an over $10,000 payment
• 1:25:22
  that was attributed to the. OK.
• 1:25:24
  So that must include this because it closed out over
• 1:25:27
  there. So it probably got over and
• 1:25:29
  applied. I just wanted to make sure it
• 1:25:30
  got applied his bond. I I don't think that the bond
• 1:25:34
  amount is included. I think that was 2 separate
• 1:25:36
  payments. If I'm understanding based on a
• 1:25:37
  previous discussion, the bond amount hasn't been yet applied
• 1:25:40
  to what you're saying has been paid.
• 1:25:44
  So I. See a payment?
• 1:25:46
  Yeah, I don't see a recent bond payment.
• 1:25:50
  I don't see a recent payment of $5000.
• 1:25:52
  No, it would have been February. It would have been in February.
• 1:25:57
  No, I do not see that. So that's still somewhere.
• 1:26:00
  Oh, great. Can OK.
• 1:26:05
  I'll, we'll move. On and I'll see him in a month
• 1:26:07
  and we'll check on that to make sure that 15 sent over that to
• 1:26:12
  the court. Thank you.
• 1:26:13
  Thank. You.
• 1:26:15
  Thank you. Court calls the case people
• 1:26:17
  versus Timothy Cunningham. Good.
• 1:26:20
  Morning, Your Honor. Good morning to your staff.
• 1:26:22
  May I please court move to Vermont?
• 1:26:23
  P86437-ON behalf of Cottingham is approaching to my right.
• 1:26:28
  Sir, could you state your name for the record?
• 1:26:29
  Timothy Cottingham. Thank you.
• 1:26:31
  Date and time's up for a probable cause conference.
• 1:26:33
  Your Honor, we are asking that this matter be set for
• 1:26:35
  preliminary exam. I am requesting.
• 1:26:37
  All discovery is complete. Yes, Your Honor, I am requesting
• 1:26:41
  a date of June 2nd. We do have trials on the 18th
• 1:26:46
  pushing into 19th. I'm.
• 1:26:47
  Getting to request your date. What's the reason?
• 1:26:50
  We have trials on, I believe it's going to push into the 19th
• 1:26:54
  and then we have a federal trial starting.
• 1:26:57
  Whom? Myself, Attorney Martel and
• 1:26:59
  Attorney Nasser. And Nader, Arthur.
• 1:27:02
  Yes. We received about 200 pages of
• 1:27:04
  medical records from. The victim in this.
• 1:27:06
  Case I had to hand. Redact those.
• 1:27:07
  I finished that yesterday afternoon so I'm not sure if
• 1:27:10
  those have been. I don't know if defense has them
• 1:27:13
  yet, but. They will have them very soon,
• 1:27:15
  but it it did take a little bit of time over through last week.
• 1:27:19
  And actually, I don't know if you have to communicate about
• 1:27:20
  that with Mr. Martell and Mr. Nasser yet.
• 1:27:22
  So I don't know if they're aware of it, but they are coming.
• 1:27:25
  I apologize. I couldn't get them done before
• 1:27:27
  yesterday. So you don't have all of the
• 1:27:28
  discovery. I have medical records into I
• 1:27:32
  have defense copy of 155 pages. So I'm not, I'm not sure those
• 1:27:38
  whole medical records I'm I'm not aware of.
• 1:27:42
  How any other records would have gotten?
• 1:27:43
  Over I got records and I I redacted.
• 1:27:46
  It yesterday? I'm not sure.
• 1:27:48
  So you redacted it yesterday, You those medical records you're
• 1:27:53
  looking at came before yesterday?
• 1:27:55
  Your honor, the version I have is unredacted.
• 1:27:58
  I'm just not sure if this is the exact same version that the
• 1:28:00
  people have. So we're not sure about what
• 1:28:02
  discoveries there and everything.
• 1:28:04
  So what I'm going to do is I'm going to put this out one week
• 1:28:08
  we'll so that you can look at those.
• 1:28:11
  It won't affect the date you're necessarily asking for for
• 1:28:14
  prelim, but I want to make sure that all discoveries complete on
• 1:28:18
  it so that you have an opportunity to have that your
• 1:28:20
  client can look at it or at least talk with him about it.
• 1:28:23
  Of course, probable cause conference.
• 1:28:25
  I will one to 14th May 14th 2026 9:00 AM.
• 1:28:32
  Bond will continue. Thank you, Aaron.
• 1:28:34
  Thank you. Have a good day.
• 1:28:36
  Workouts gates people versus Aaron Brandon on behalf of Mr.
• 1:28:42
  Brandon who is approaching the podium will be standing to my
• 1:28:44
  right. Mr. Brandon, once you get up
• 1:28:46
  here, please state your name for record.
• 1:28:47
  Aaron Brandon. Thank you.
• 1:28:49
  Thank you. The court should be in receipt
• 1:28:51
  of my adjournment form. We are requesting for an
• 1:28:52
  adjournment at this time. That's where yesterday I
• 1:28:56
  discovered no the warrant requests from Super 8 from
• 1:28:59
  January. So it's.
• 1:29:00
  Not a bomb. Violence.
• 1:29:01
  You can see we're going to rain until.
• 1:29:03
  April, but I did authorize. Warning charges Assault with
• 1:29:05
  dangerous weapon on the garden with motor vehicle or
• 1:29:08
  possession. By a felony.
• 1:29:09
  And domestic violence against the dinner victim.
• 1:29:12
  So that should be coming in. Not a couple other cases.
• 1:29:17
  So you may have to wait for me in the.
• 1:29:18
  Hallway so probable cause conference I'll adjourn this out
• 1:29:21
  hopefully if you authorize it hopefully we can get it done get
• 1:29:24
  it set so they'll be together at least so I'll adjourn this out
• 1:29:28
  to May 28th Your honor I'm I'm not available that week Good
• 1:29:32
  you're on yeah I'm I'm getting married that weekend.
• 1:29:35
  If I could just have you but or early yeah I tricked some poor
• 1:29:38
  woman in the into it so but I'm not available that weekend Yeah
• 1:29:42
  if I can see the so I should ask her if I should set this.
• 1:29:46
  I mean, she will be the real power after this and I want you
• 1:29:48
  there, No. Wait a week in there before
• 1:29:51
  around. Thank you, Judge.
• 1:29:52
  What? What, You want me to send it for
• 1:29:55
  the 21st? I just don't know that.
• 1:29:56
  We'll catch it in two weeks, Sheriff's.
• 1:29:58
  Office today hopefully get that start to done so that it'll
• 1:30:01
  hopefully be around 2. Are you available the 21st or
• 1:30:06
  you got to like stuff you got to do?
• 1:30:08
  I mean, I'm busy. But for you, Judge, I'll make
• 1:30:10
  some time. Is that is that how that works?
• 1:30:12
  So. Don't blame me when you don't
• 1:30:14
  get something done. All right, May 21st, 2026 nine 8
• 1:30:20
  Bond will continue. All right.
• 1:30:22
  And again, congratulations. Dutch.
• 1:30:25
  Court calls the case of the People versus Sifer Kent.
• 1:30:32
  Ready, Judge. For show Feaster, assistant post
• 1:30:34
  defender on behalf of Mr. Kent, who is approaching the podium
• 1:30:37
  when you. Arrive.
• 1:30:38
  Please state your name for the record, Sir.
• 1:30:40
  Sieper, Kent. All right.
• 1:30:42
  Thank you, Judge. We didn't equals.
• 1:30:43
  Mr. Kent and I have had conversations with Miss
• 1:30:45
  Willingbray. We have began receiving all the
• 1:30:48
  discovery. I believe we need an adjournment
• 1:30:50
  to proceed the rest of it to find out how we're going to
• 1:30:52
  proceed. You're on.
• 1:30:53
  I did just provide fighting with a sign of protective orders over
• 1:30:57
  suite for the signaturement and of additional discovery.
• 1:31:01
  Wow. All right.
• 1:31:02
  I have signed the protective order.
• 1:31:06
  All right. And so how much time would you
• 1:31:08
  be looking at? Not knowing how long it will
• 1:31:11
  take, I'd say maybe 3 weeks just to make sure we have it.
• 1:31:14
  Trouble cause Conference will then be adjourned on May 28th.
• 1:31:17
  You're not getting married Easter.
• 1:31:20
  Not a good judge, OK? OK, that's right.
• 1:31:22
  Nevermind. May 28th, 2026, 9:00 AM.
• 1:31:27
  On this matter will continue. Thank you.
• 1:31:30
  All righty friends, TCF live. It's Thursday.
• 1:31:33
  We're solidly an hour 2 right now.
• 1:31:35
  So I put up a poll. 90% of you want to see a new court at
• 1:31:40
  least. New to this channel.
• 1:31:41
  This is 1 I hadn't seen before yesterday.
• 1:31:43
  I ran across it after the show. So this is in Conneaut, OH,
• 1:31:49
  which is east of Cleveland along the Lake Erie shoreline.
• 1:31:54
  This is Judge Nicholas Irocky. Let's see what it's all about.
• 1:32:00
  Hey, good luck to you. OK.
• 1:32:03
  The Court is on the record in State of Ohio versus Christopher
• 1:32:07
  A Sanson, case number 25 CRB 4/20.
• 1:32:14
  Court is scheduling this hearing on its own motion waiting for.
• 1:32:22
  Can you find? He was.
• 1:32:26
  Just gonna have me to stay. Do you need?
• 1:32:28
  Sean. Oh, no, I need him.
• 1:32:29
  OK. Yeah, no.
• 1:32:30
  No, I'll swap him out. Thank you.
• 1:32:32
  Do you want me to stay? For.
• 1:32:35
  Yeah, you can stay. Yeah, you can stick around.
• 1:32:41
  Sorry, I thought our probation officers.
• 1:32:45
  He just left. Again, we're back on the record
• 1:32:48
  the. State of Ohio versus.
• 1:32:49
  Christopher A Sanson, case number 25 CRB 420.
• 1:32:55
  Mr. Sanson is present without counsel.
• 1:32:58
  Also president is probation officer Sean Benoit.
• 1:33:01
  This matter came before the court for a preliminary
• 1:33:05
  revocation hearing on Mace today.
• 1:33:10
  This is before the court on a probation violation complaint
• 1:33:13
  filed against Mr. Sanson by the Probation Department on April
• 1:33:17
  27th, 2026. So we are technically scheduled
• 1:33:21
  for a preliminary revocation hearing.
• 1:33:25
  The Court finds that at the at the sentencing hearing in Mr.
• 1:33:29
  Sanson case on April 1st, 2026, where he was convicted of
• 1:33:34
  Attempted Aggravated Possession of Drugs, the first degree
• 1:33:37
  misdemeanor. Mr. Sanson was ordered as a
• 1:33:40
  condition of a sentence and in consideration of his April 1st,
• 1:33:45
  2026 application for Renewal Court post conviction to
• 1:33:49
  successfully participate in and complete Renewal Court as a post
• 1:33:53
  conviction participant if he is determined to be eligible.
• 1:33:57
  After all assessments and screenings at a sentencing
• 1:34:00
  hearing, the court suspended 179 days of jail, placed the
• 1:34:05
  defending on supervised community control on April 8th,
• 1:34:09
  2020. Sixth, Mr. Sanson executed the
• 1:34:12
  Renewal Court participant agreement and received a copy of
• 1:34:17
  the participant handbook. Court finds that a probation
• 1:34:20
  violation complaint, as I said, was filed against Mr. Sampson
• 1:34:24
  Sanson on April 27th, 2020. Sixth, alleging that he had not
• 1:34:30
  timely submitted to a comprehensive diagnostic
• 1:34:34
  assessment at the Lake Area Recovery Center.
• 1:34:36
  Mr. Sanson was arrested on a warrant issued on that probation
• 1:34:40
  violation complaint. That arrest was made on April
• 1:34:43
  29th and was transported from the Conneaut City Jail to
• 1:34:49
  residential treatment at the Lake Area Recovery Center,
• 1:34:52
  specifically Turning Point. Which was?
• 1:34:55
  Part of the. Original recommendation After an
• 1:34:58
  assessment was finally completed today, the court has received a
• 1:35:02
  Renewal Court eligibility report finding that the defendant,
• 1:35:07
  Christopher A Sanson, is eligible to participate in
• 1:35:11
  Renewal Court. Court finds that Mister Sanson,
• 1:35:14
  as ordered, is currently residing and participating in
• 1:35:17
  residential treatment. I'm turning point in receiving
• 1:35:20
  treatment from the Lake Area Recovery Center and Ravenwood
• 1:35:24
  Health Officer with respect to the probation violation
• 1:35:28
  complaint filed against Mr. Sanson on April 27th because of
• 1:35:35
  his current current treatment, residential treatment.
• 1:35:37
  Do you wish to withdraw? That that I'm not supposed to
• 1:35:40
  withdraw nor dismiss that probation violation.
• 1:35:42
  Probation Officer and having requested that the probation
• 1:35:45
  violation complaint filed to be withdrawn as a result of Mr.
• 1:35:50
  Sanson's compliance, the court will allow the withdrawal of
• 1:35:53
  that complaint. OK, Mr. Sanson, you just sat
• 1:35:57
  through several status hearings, not the typical status hearings,
• 1:36:02
  as I'm usually not sitting up here during those status
• 1:36:05
  hearings. But anyways, you've had a chance
• 1:36:10
  for the last few weeks to be in residential treatment, even
• 1:36:15
  though it took a while to get you there.
• 1:36:17
  Why did it take us so long? I couldn't.
• 1:36:21
  I couldn't stop. I couldn't stop.
• 1:36:23
  I was fooling myself. I'm not the type to put it down.
• 1:36:27
  I can't put it down unless I'm forced to put it down.
• 1:36:33
  So I put it in Sean to ensure that.
• 1:36:36
  So great, now OK. Have you ever been in
• 1:36:39
  residential treatment before? OK, when, when and where?
• 1:36:43
  I've been to the engineering. I've been to turn point,
• 1:36:49
  Franklin, Just, and California. So this is your third or fourth?
• 1:36:57
  This is your fourth, OK. Did you have any period of
• 1:37:03
  sobriety, Lengthy sobriety, 6 years?
• 1:37:06
  Six years? When was that OK?
• 1:37:11
  And. What caused you to relapse?
• 1:37:13
  Resting on my laurels. But I had it after six years,
• 1:37:18
  you know, I stopped doing meetings.
• 1:37:21
  I stopped telling my sponsor. I got off my meds.
• 1:37:25
  I I'd inquired to stay sober. I wasn't sponsoring anybody.
• 1:37:29
  I wasn't, I saw the program at all.
• 1:37:31
  So like, it's the longest surprise I ever had.
• 1:37:33
  And I thought like, I've seen people like to stop the program.
• 1:37:36
  You know what I mean? I thought I could do the same
• 1:37:38
  thing, but I'm not like everybody else.
• 1:37:40
  I need structuring boards. My dad doesn't know.
• 1:37:44
  So. What's different this time, if
• 1:37:47
  there is any difference? He's older.
• 1:37:48
  I don't know. How old are you 39?
• 1:37:51
  How old are they? 17 all right, one's about to be
• 1:37:55
  14 like a week. And they're part of your life.
• 1:37:58
  Now. I mean, during Gerard, did I
• 1:38:02
  just get my head out of my? Ass it would be, you know.
• 1:38:05
  Sorry. This whole prescription thing,
• 1:38:10
  you're, you've got, you have a prescription, right?
• 1:38:13
  But it came to light during this assessment process that there
• 1:38:17
  are some pills that you're short on.
• 1:38:20
  They were stolen from you. Where were they stolen?
• 1:38:22
  From you it was. Like it was before residential
• 1:38:27
  treatment. It.
• 1:38:28
  Wasn't they weren't taken from you in treatment?
• 1:38:31
  So it was at a house on Beaver St.
• 1:38:35
  OK. But it it wasn't, I guess my my
• 1:38:38
  concern was it wasn't in residential.
• 1:38:41
  OK. And the time before that and
• 1:38:44
  when we mix up with Sean, the cops, when I went to jail, the
• 1:38:48
  cops don't have them on the ground.
• 1:38:50
  That's what we have. Well, I don't know what that's
• 1:38:52
  going to lead to I. Mean I don't.
• 1:38:54
  Know if doctor, whoever is prescribing those is going to
• 1:38:59
  refill those pills. But they probably won't.
• 1:39:01
  I'm not sure where where that's headed.
• 1:39:03
  I guess we'll get there when we get there, right?
• 1:39:06
  'Cause you're running out quick. No, I, I took, I took like 1 1/2
• 1:39:10
  in the last 9 days. And I mean I take them for
• 1:39:12
  gastropubase. It's not for anxiety.
• 1:39:15
  Oh, I I see. OK, so it's as.
• 1:39:18
  Needed as. Needed OK.
• 1:39:21
  Well, that's something we're going to have to address too
• 1:39:23
  'cause they may not be in your system all the time, 'cause
• 1:39:26
  you're obviously going to be drug tested and we need to know
• 1:39:31
  whether they're going to be in your system or not.
• 1:39:34
  OK. What are your thoughts, Officer
• 1:39:37
  I. Mean he's got a significant
• 1:39:40
  history. He was honest with me.
• 1:39:42
  He came along and lead to treatment.
• 1:39:44
  He was honest on the way up there and what he needed.
• 1:39:46
  Oh my God, I just want to see how it goes.
• 1:39:50
  You were in. Did I hear you say, 'cause
• 1:39:51
  you're, you're very soft spoken. Did I hear you say you were in
• 1:39:55
  the treatment court in Erie? So this is not new to you.
• 1:39:58
  I don't know how the treatment court in Erie can handle things
• 1:40:02
  I didn't. See it every week.
• 1:40:05
  Earns 3-4 times a week IOP meetings learning the steps very
• 1:40:12
  similar. Very similar.
• 1:40:14
  I think well with structure. Yeah.
• 1:40:16
  Very well, I, you know, I, I guess the, you know, every judge
• 1:40:22
  is different, every treatment court or specialized docket is
• 1:40:27
  different, but we're, our goals are all the same just to ensure
• 1:40:32
  long term sobriety. And Mr. Sanson, you, you're in
• 1:40:38
  bad shape, man. You were bad off and you should
• 1:40:43
  be fortunate that this program is available to you.
• 1:40:46
  And anyways, I, I don't know what your plans are down the
• 1:40:52
  road because you're not originally from Ohio, you're
• 1:40:55
  from Pennsylvania, right? But you've been living in Ohio
• 1:40:58
  for the last what, 8 months or so.
• 1:41:00
  So technically you're a resident here.
• 1:41:04
  I mean, that's you take it a one day at a time, right, one day at
• 1:41:08
  a time. I'm not going to look down the
• 1:41:10
  road, but there is a a seed that needs to be planted in your head
• 1:41:14
  about what is my long term future?
• 1:41:16
  What what is what is I mean, your kids are injured.
• 1:41:20
  I. Mean I'm divorced, I haven't
• 1:41:25
  planned in my head. It just started out around here
• 1:41:28
  and move my way towards men and we're having to play.
• 1:41:33
  I got a sponsor already. I started looking at steps and
• 1:41:37
  from over. I know what I mean.
• 1:41:39
  Like it's just like putting the drug down was my problem.
• 1:41:43
  Like once I pick it up and mental obsession and the
• 1:41:46
  physical, the physical part just takes.
• 1:41:50
  I never seen any anybody like me really like with that kind of
• 1:41:54
  stuff, you know what I mean? I mean it wasn't like fit on
• 1:41:57
  this mess, you know what I mean? People say, oh, I can put it
• 1:41:59
  down whatever, whatever. I'm not that type of guy.
• 1:42:02
  I can't do nothing with the with the benzos.
• 1:42:05
  I take them as because like my bagel and their story from all
• 1:42:09
  the drug music. So like my stomachs messed up,
• 1:42:12
  but it's slow. It's a lot slower than years and
• 1:42:16
  that helps me a lot of issues. But like I just, you know, I
• 1:42:20
  just want to be a normal, you know, go to work, go to meeting
• 1:42:24
  sponsor some people like I've done it and it's great, but
• 1:42:27
  sometimes you forget the pain after six years.
• 1:42:30
  You forget the pain and tell you what, this is a little thing,
• 1:42:34
  Connie, I hear. I remember the pain severely,
• 1:42:37
  just like you gave everything. Away.
• 1:42:41
  Well, you want structure, We got structure.
• 1:42:45
  Probably for those who hate structure, they hate this
• 1:42:48
  program because this program is all about structure.
• 1:42:51
  And I appreciate your one. I appreciate your honesty too.
• 1:42:56
  I appreciate your vulnerability, vulnerability and because that's
• 1:43:03
  what it's going to take to get through this program
• 1:43:06
  successfully. And I was, I was mad that Sean
• 1:43:09
  was banging on the door, but half of me was like, thank God.
• 1:43:14
  Well, we were tired of waiting for you so we finally basically
• 1:43:19
  said Nope, we're going to get going again.
• 1:43:21
  I didn't have a ride there. As long as you're giving me a
• 1:43:23
  ride. Yes, he did.
• 1:43:25
  Yes, he did. OK, Mr. Sanson, I'm hereby
• 1:43:34
  admitting you into Renewal Court as a post conviction
• 1:43:37
  participant. You are ordered to successfully
• 1:43:40
  participate in incomplete Renewal Court as a condition of
• 1:43:43
  your community control. In this case, you ordered to
• 1:43:47
  successfully participate in incomplete Turning Point, you
• 1:43:51
  order to successfully comply with and attend all treatment
• 1:43:54
  recommended by the Lake Erie Recovery Center, including
• 1:43:57
  Aftercare and Ravenwood Health, which is I believe going to
• 1:44:02
  provide be providing any mental health treatment to you. 179
• 1:44:06
  days of jail shall continue to be suspended subject to your
• 1:44:10
  successful completion of all conditions of your Community
• 1:44:13
  Control, including Renewal Court.
• 1:44:17
  All prior orders not specifically modified herein
• 1:44:20
  shall be remain in full force. In effect.
• 1:44:23
  Welcome to Renewal Court. We have a welcome coin to give
• 1:44:26
  to you. On one side it says welcome,
• 1:44:29
  enjoy the journey. The other side says recovery is
• 1:44:33
  a process as you well know, not an event.
• 1:44:36
  So step forward. Thank.
• 1:44:38
  You honour, I appreciate it. Good to see you, Mr. Sanson.
• 1:44:42
  Welcome. Keep on the good Rd.
• 1:44:45
  Anything further, officer? OK.
• 1:44:47
  Thank you. Mr. Sansi.
• 1:44:50
  Well, whether you enjoyed that court or not, you have to admit
• 1:44:53
  that's a different hearing from what we normally see here on
• 1:44:56
  TCF. So more variety and that's a
• 1:44:59
  good thing. So I'm sure we'll visit this
• 1:45:00
  court again in the future. But good morning once again,
• 1:45:03
  everybody now in our three of TCF live.
• 1:45:06
  I hope you're all enjoying yourselves.
• 1:45:09
  Let's go to, let's go to Fulton County, Georgia, and we'll check
• 1:45:14
  in with Judge Mcburney or as many of you may know him, Judge
• 1:45:18
  Mcburney, and we'll see what's going on there.
• 1:45:21
  We're getting on the record with position 24 on the trial
• 1:45:25
  calendar. It's 25 SC 006737 State versus
• 1:45:31
  Mac Mr. Mac is here in court with his lawyer.
• 1:45:34
  Miss Rios is Willingham represents the state.
• 1:45:37
  And Mr. Mack, it's my understanding that you are ready
• 1:45:40
  to move forward with a plea to a misdemeanor, is that right?
• 1:45:44
  And maybe more than one misdemeanor.
• 1:45:45
  But it's misdemeanor, please, not felony.
• 1:45:47
  Please. Is that right?
• 1:45:49
  A felony? It is a felony plea.
• 1:45:51
  Oh, I take it all back. Never mind.
• 1:45:52
  I misheard. You're ready to enter a plea in
• 1:45:55
  your case, is that right? You need to answer out loud
• 1:45:58
  every question that's asked. Yes.
• 1:46:00
  Yes, Sir. OK, great.
• 1:46:03
  Then we're going to go forward with that.
• 1:46:04
  Miss Rios is going to put you Underoath in just a moment.
• 1:46:09
  Once you are not Miss Rios, Miss Willingham is going to put you
• 1:46:12
  Underoath. Once you're Underoath, it's
• 1:46:15
  important that you answer all of Miss Willingham's questions
• 1:46:18
  truthfully and completely. It's also important that you let
• 1:46:21
  me know if you have any questions.
• 1:46:23
  Will you do that? Yes, Sir.
• 1:46:24
  OK, Miss Willingham. Please raise your right hand.
• 1:46:27
  Do you swear or affirm that the testimony you shall give in the
• 1:46:30
  matter currently before this court shall be the truth, the
• 1:46:33
  whole truth, and nothing but the truth?
• 1:46:35
  You can put your hand down all. Right.
• 1:46:37
  Stop drinking water and make sure you answer out loud without
• 1:46:41
  your mouth full of water. OK.
• 1:46:43
  Yes, Sir. Now you can put your hand down.
• 1:46:45
  Please state your true, correct and legal name.
• 1:46:47
  Michael, Matt. Are you at this time taking or
• 1:46:50
  under the influence of any alcohol, drugs or medicine?
• 1:46:53
  No, ma'am. How old are you and how far have
• 1:46:55
  you gone in school? 26th and 11th grade.
• 1:46:58
  Are you able to read, write and understand the English language?
• 1:47:02
  Yeah, ma'am, do. You understand that you have the
• 1:47:04
  right to plead either guilty or not guilty to these charges, and
• 1:47:07
  if you plead not guilty or remain silent, you may receive a
• 1:47:10
  jury trial. Yeah, ma'am.
• 1:47:12
  Have you had enough time to speak with your lawyer about all
• 1:47:14
  of the facts and circumstances known to you regarding the
• 1:47:17
  charges in this indictment, including any potential
• 1:47:20
  defenses? Yeah, ma'am, do.
• 1:47:22
  You need any more time to discuss this case with your
• 1:47:24
  attorney. No, ma'am.
• 1:47:25
  Are you satisfied with her services?
• 1:47:27
  Yeah, ma'am. Counsel, are you satisfied your
• 1:47:30
  client has a full understanding of this proceeding?
• 1:47:32
  Yes. Have you reviewed the indictment
• 1:47:34
  in this case? Yes.
• 1:47:35
  Do you weigh formal reading of the indictment?
• 1:47:38
  Yes. Has your client been arrested on
• 1:47:40
  these charges? Yes, the State is unaware of any
• 1:47:43
  outstanding warrants related to these charges.
• 1:47:45
  Do you or your or your client know of any outstanding warrants
• 1:47:49
  related to these charges? No, Mr. Mack, do you understand
• 1:47:52
  you are entering a guilty plea to the following offense As to
• 1:47:55
  counts one and two? Those counts will be non
• 1:47:57
  processed. As to count 3 battery family
• 1:48:00
  violence subsequent, there is a minimum of one year and a
• 1:48:03
  maximum of five and you would be entering a plea of guilty to
• 1:48:07
  that count. Only.
• 1:48:08
  The state would be recommending 3 year.
• 1:48:10
  I'm sorry, this is a negotiated plea for three years probation.
• 1:48:14
  You would be required to have no violent contact with the victim.
• 1:48:17
  Complete families first complete family violence intervention
• 1:48:21
  program, complete 60 hours of community service, Have no
• 1:48:24
  weapons, seek and maintain gainful employment.
• 1:48:27
  And it is my understanding that you will also be asking for a
• 1:48:30
  one year bid date that the state would have no objection to is
• 1:48:34
  that was what was explained to you bid.
• 1:48:36
  Take this early termation. Date.
• 1:48:38
  I'm sorry. OK.
• 1:48:41
  And are you aware the court does not have to accept that
• 1:48:44
  recommendation and the court can sentence you to the maximum
• 1:48:46
  sentence, which is that five years and can run that and can
• 1:48:50
  run the sentence consecutively or one after the other.
• 1:48:52
  In this case it would just be that one count.
• 1:48:54
  Yeah, ma'am. You understand that if you do
• 1:48:57
  not accept the court's sentence, you may not withdraw your plea
• 1:49:00
  today. Yes, ma'am.
• 1:49:01
  Do you understand that if you are placed on probation of any
• 1:49:04
  kind, you cannot violate any criminal laws of any
• 1:49:06
  governmental unit or any special conditions of probation without
• 1:49:10
  being subject to revocation for the balance of this sentence?
• 1:49:14
  Yeah, ma'am. Do you understand that this is a
• 1:49:16
  guilty plea which is permanently recorded on your criminal
• 1:49:19
  history? Yes, ma'am, do.
• 1:49:21
  You understand that this plea may be used to enhance
• 1:49:23
  sentencing on other convictions in this jurisdiction as well as
• 1:49:27
  in other jurisdictions, including in the federal courts.
• 1:49:30
  Yeah, ma'am. Are you on probation or parole
• 1:49:33
  for anything, anywhere? No, ma'am.
• 1:49:35
  Are you a United States citizen? Yes, ma'am.
• 1:49:38
  Do you understand that there may be other adverse or unfavorable
• 1:49:42
  consequences as a result of this guilty plea conviction, just as
• 1:49:45
  there would be from a conviction following a trial?
• 1:49:48
  For example, your guilty plea may affect the right to vote,
• 1:49:51
  the right to hold public office, the right to serve on a jury,
• 1:49:55
  the right to obtain a passport, the right to receive, possess or
• 1:49:59
  transport a firearm, or the ability to obtain employment.
• 1:50:03
  You know, do. You understand that by pleading
• 1:50:05
  guilty to a felony, if you use, receive, possess or transport a
• 1:50:08
  firearm or use a firearm in a crime, you will be guilty of a
• 1:50:12
  felony, which may carry a sentence of 1 to 15 years in
• 1:50:15
  prison. Yeah, ma'am.
• 1:50:17
  Do you understand that you are not allowed to possess or use a
• 1:50:19
  firearm while on probation, even if sentenced pursuant to the
• 1:50:23
  First Offender Act? Yeah, ma'am.
• 1:50:25
  Do you further understand? Because this is a family
• 1:50:27
  violence conviction, you are not allowed to possess a firearm or
• 1:50:31
  you could be charged on the federal level.
• 1:50:33
  Yeah, ma'am. Are you asking to be treated as
• 1:50:36
  a first offender under the provisions of the First Offender
• 1:50:39
  Act? Yeah, ma'am.
• 1:50:41
  Have you ever plead guilty or no low or ever been convicted of a
• 1:50:45
  felony in the state of Georgia or any other jurisdiction?
• 1:50:49
  No, ma'am. Have you ever been sentenced for
• 1:50:51
  any crime, felony or misdemeanor under the First Offender Act?
• 1:50:55
  No, ma'am. Has your lawyer explained the
• 1:50:57
  First Offender Act to you? Yeah, ma'am.
• 1:51:00
  Do you understand that if you violate the terms of your first
• 1:51:02
  offender sentence or commit a new offense while on 1st
• 1:51:05
  offender probation, your first offender status could be
• 1:51:08
  revoked, you could be adjudicated guilty, and you
• 1:51:11
  could be resentenced up to the maximum sentence for each charge
• 1:51:14
  in this indictment? Yeah, ma'am, do.
• 1:51:16
  You understand that you waive any and all defenses, including
• 1:51:19
  any mental health defenses, by entering a plea of guilty.
• 1:51:23
  Yeah, ma'am, do. You understand that by pleading
• 1:51:26
  guilty you are giving up the following rights.
• 1:51:28
  The right to a trial by jury. The right to remain silent and
• 1:51:31
  not incriminate yourself. The right to confront witnesses
• 1:51:34
  against you. The right to the assistance of
• 1:51:36
  counsel hired by you or to court appointed counsel if you cannot
• 1:51:40
  afford an attorney at a trial of your case.
• 1:51:42
  The right to the presumption of innocence.
• 1:51:45
  The right to testify on your own behalf and to present other
• 1:51:48
  evidence. The right to subpoena witnesses
• 1:51:50
  and compel the production of evidence.
• 1:51:52
  The right to have the charges against you prove beyond a
• 1:51:55
  reasonable doubt, and the right to appeal if convicted of these
• 1:51:58
  charges after a trial. Yeah, ma'am.
• 1:52:00
  Has anyone forced, threatened, or promised you anything to get
• 1:52:03
  you to enter a guilty plea? No, ma'am.
• 1:52:06
  Is it your decision to waive these rights and enter a plea
• 1:52:08
  because you are in fact guilty? On the effort, Guilty.
• 1:52:11
  On the effort. Are you pleading guilty because
• 1:52:13
  you have decided that it is your?
• 1:52:15
  It is in your best interest to do so.
• 1:52:17
  Yeah, ma'am. Are you aware that even if you
• 1:52:19
  do not admit guilt, this is a plea of guilty and places you in
• 1:52:23
  the same position as if you were convicted by a jury at a trial?
• 1:52:27
  Yeah, male. How do you plead to the charge
• 1:52:29
  of battery? Family violence.
• 1:52:30
  Subsequent conviction in Indictment 25, SC 006737.
• 1:52:37
  Guilty on the effort. Is this guilty plea freely and
• 1:52:40
  voluntarily given with full knowledge of the charges against
• 1:52:43
  you? Yeah, ma'am.
• 1:52:44
  You do not have a right to appeal directly from your guilty
• 1:52:47
  plea, but if you if you believe there is some error in your
• 1:52:51
  guilty plea, you can apply to the appropriate appellate court
• 1:52:54
  to request a discretionary appeal.
• 1:52:56
  The discretionary appeal procedure is outlined in OCGA
• 1:52:59
  Section 5-6-35 and must be completed within 30 days of
• 1:53:04
  today. Do you understand that you have
• 1:53:06
  only four years from today for a felony charge to file a habeas
• 1:53:10
  corpus petition challenging the voluntariness of the of this
• 1:53:13
  guilty plea? Yeah, ma'am.
• 1:53:17
  Yeah. Garner.
• 1:53:21
  If this case were to proceed to trial, the state would expect to
• 1:53:24
  show that on October 8th, 2024, around 5:30 PM, Officer Sharp
• 1:53:29
  Sharp responded to 49496 Blvd. in response to a dispute with a
• 1:53:34
  weapon here in Fulton County. Upon arrival, officers met with
• 1:53:38
  the victim, Miss Michaela MEKAYLA Pitts, who stated that
• 1:53:45
  around 5:00 PM, her boyfriend instigated an argument with her
• 1:53:49
  inside Unit 5 O 6 after she returned home from getting her
• 1:53:53
  car fixed. Miss Pitts stated that her
• 1:53:55
  boyfriend and the father of her children, Michael Mack,
• 1:53:57
  aggressively got in her face, so she pushed him.
• 1:54:00
  After Miss Pitts pushed Mr. Mack, the two began to fight and
• 1:54:04
  tussle. Mr. Mack punched Miss Pitts and
• 1:54:06
  pulled off her wig. At some point, Mr. Mack hit Miss
• 1:54:10
  Pitts in the crown of her head with a black handgun.
• 1:54:14
  Mr. Mack proceeded to leave the apartment and leave the
• 1:54:16
  location. Miss Pitts had a busted lip, a
• 1:54:19
  swollen knot on her forehead, and a small laceration on her
• 1:54:22
  hairline. She stated that this is not the
• 1:54:25
  first time Mr. Mack had been violent towards her, and the
• 1:54:28
  parties share two children together, ages 5 and two, who
• 1:54:31
  were both on the scene at the time of the incident.
• 1:54:34
  Miss Pitts chose not to go to Grady at that time.
• 1:54:39
  Garner I've spoken with Miss Pitts and that is in part why
• 1:54:43
  the state has chosen not to proceed for as to counts one and
• 1:54:46
  two, although Miss Pitts is comfortable moving forward to
• 1:54:52
  some extent, it is for the purpose she we do have the
• 1:54:56
  families first program and that is something that she believes
• 1:54:59
  the parties would be benefited by.
• 1:55:01
  However, she's not too thrilled to have to proceed forward in a
• 1:55:06
  trial as this incident did happen some time ago and she
• 1:55:10
  stated that they are doing better and that there have not
• 1:55:13
  been incidents that they are able to have a whole healthy Co
• 1:55:17
  parenting situation for the most part.
• 1:55:20
  And with that, I don't know that her testimony now would be super
• 1:55:26
  beneficial as to the counts 1 and 2 with the firearm because
• 1:55:31
  I'm not quite sure how Miss Pitts will testify as to those
• 1:55:34
  counts. She does not deny that an
• 1:55:38
  incident occurred and that the defendant put his hands on her,
• 1:55:43
  not quite sure she would support that a firearm was used.
• 1:55:47
  OK, she'd say I got beat up, but maybe not in the way it was
• 1:55:51
  described to the police back in October of 20.
• 1:55:54
  Four, those reasons the state has chosen to non price counts
• 1:55:57
  one and two, but do believe that even if we were to even if we
• 1:56:01
  were to proceed to trial, we could still prove count 3.
• 1:56:05
  And for those reasons, this is the offer the state has made.
• 1:56:09
  OK. Thank you.
• 1:56:11
  Miss Smith, man, do you have mental history information for
• 1:56:14
  Mr. Mack? Yes, Your Honor, I do.
• 1:56:18
  Mr. Mack is a multi state offender with four cycles in
• 1:56:21
  Georgia, not including the case that's before you today your
• 1:56:24
  Honor, one cycle in Saint Louis and one cycle in Tennessee.
• 1:56:29
  For Georgia, we have a 2/20/20 driving without a valid license,
• 1:56:35
  a guilty verdict to a local ordinate.
• 1:56:40
  There is a 2/20/20 battery family violence first offender.
• 1:56:46
  There was a probation for 24 months on that case and.
• 1:56:51
  There. Is a 10/23 fail distribute our
• 1:56:56
  possession of dangerous drugs? That was a guilty verdict in
• 1:57:00
  6/20/24. The Saint Louis case, 7/23 for
• 1:57:10
  stealing. It's still an open case,
• 1:57:12
  according to GCIC. Nothing further, Your Honor.
• 1:57:16
  Thank you so much. Miss Rios, hold on.
• 1:57:19
  Before we get to Miss Rios, did you have something else, Miss
• 1:57:21
  Willingham? Judge, I did review the
• 1:57:24
  defendant's criminal history and we have the battery family
• 1:57:28
  violence, but we have it as a misdemeanor with no first
• 1:57:31
  offender used. So that is why, and I do know
• 1:57:35
  that that will change whether or that was the integral part of
• 1:57:39
  our negotiations, was that first offender he said he'd ever used
• 1:57:44
  his first, No. One said he did OK.
• 1:57:47
  Helpful to know, all right. Yes, your honor, Mr. Mack is 26
• 1:57:52
  years old. He currently works selling
• 1:57:54
  T-shirts. He's employed by a middle person
• 1:57:57
  who works for a company and he basically outsources to Mr. Mack
• 1:58:01
  and he sells T-shirts at different stadiums and arenas.
• 1:58:05
  He has four children ages 723 year olds and a 2 year old.
• 1:58:10
  He currently lives with his mother and he does share custody
• 1:58:13
  and gets the kids frequently. He I've spoken to the victim in
• 1:58:17
  the case and she said they have a good relationship.
• 1:58:19
  She has no concerns. She gave me a different story
• 1:58:22
  than she gave the state that she was angry because there was some
• 1:58:25
  cheating going involved and that's why she called the
• 1:58:28
  police. But she said the most part they
• 1:58:30
  have a good relationship and she just wants him to be out to to
• 1:58:34
  support her kids, that he's taking it out of Alfred because
• 1:58:37
  he's saying this did not happen. I will say even on the video
• 1:58:40
  camera she just say that she started the physical altercation
• 1:58:45
  and so. So he's not saying there wasn't
• 1:58:48
  a physical altercation. I mean, the officer said.
• 1:58:50
  We looked at her face and she has a busted lip and a knot on
• 1:58:54
  her forehead. So hopefully he's not saying
• 1:58:56
  nothing happened. It just may be.
• 1:58:59
  Hey, she. Jumped on me.
• 1:59:00
  And, and so we got into a fracas and she got hurt.
• 1:59:05
  I got hurt. I mean, she's claiming that she
• 1:59:07
  got most of the energies because when she was running after him,
• 1:59:09
  she fell. So I don't know what what
• 1:59:11
  happened exactly. I guess we'll probably never
• 1:59:13
  know, but. You will not.
• 1:59:14
  He is taking it under Alfred because he doesn't believe that
• 1:59:18
  the happened is the way that it's been was written in the
• 1:59:21
  police report and we're just asking that you go along with
• 1:59:25
  the plea as negotiate with A1 year termination date.
• 1:59:28
  If he gets all this taking care of, he's very eager to do the
• 1:59:33
  courses and get this taken care of so we can put this behind
• 1:59:36
  him. OK, Mr. Mack, you and Miss
• 1:59:40
  Pitts. Are.
• 1:59:41
  Not together anymore. We not together, but we we good
• 1:59:46
  like. OK, I'm glad they're no
• 1:59:49
  problems. That's how it needs to be.
• 1:59:51
  You have two kids with Miss Pitts.
• 1:59:53
  Yes, Sir. So.
• 1:59:54
  So two of your kids live with her but visit you or they live
• 1:59:59
  with you and visit her? They live with her.
• 2:00:01
  OK, but you get them sometimes. Yeah.
• 2:00:03
  All right, And then you have two other kids.
• 2:00:05
  Do they live with you or they live with their mom or are they
• 2:00:08
  mom, mom. OK, So just two moms total.
• 2:00:11
  Yeah. OK.
• 2:00:13
  And you live with your mom. Yeah.
• 2:00:15
  Who else lives there? My brother.
• 2:00:17
  How old is he? Finna graduate, 17.
• 2:00:21
  OK. So you miss.
• 2:00:24
  Pits are good, you talk and it's not a problem.
• 2:00:26
  When you come to get your kids or she drops them off, that goes
• 2:00:29
  smoothly. No, I go get my kid.
• 2:00:31
  You go get your kids all right and you are providing for them,
• 2:00:35
  and if she needs diapers or something, you help out with
• 2:00:37
  that. Yeah, OK.
• 2:00:39
  All right. Do you have any questions about
• 2:00:40
  anything we discussed? No.
• 2:00:42
  How long have you sold T-shirts? For about two years now.
• 2:00:46
  Good money. Yeah.
• 2:00:49
  Nothing on the edges because you can't be selling T-shirts every
• 2:00:52
  day. You told me before, like, hey,
• 2:00:54
  when there's like a football game, I'm out there selling the
• 2:00:56
  Falcons, and if they're playing the Saints, I'm selling.
• 2:00:58
  No one likes the Saints shirts, but games are once a week.
• 2:01:02
  What are you doing in between? Not like it'd be concerts too.
• 2:01:05
  Like we go to concerts. We don't just go to like
• 2:01:08
  football games. We do concerts too.
• 2:01:10
  But there are enough events. Whatever you're going to,
• 2:01:12
  concerts and and games and whatnot, there are enough
• 2:01:15
  events. Like events, really events, say
• 2:01:18
  the events. But there are enough events that
• 2:01:21
  this this isn't you make enough money to take care of your kids.
• 2:01:25
  Yeah, the supply my kid to help out, OK.
• 2:01:28
  All right, you take care of your mom too.
• 2:01:31
  All right. Does she work?
• 2:01:32
  Yeah, she worked. What does she do?
• 2:01:35
  Security. OK.
• 2:01:37
  All right. Well, Mr. Mack?
• 2:01:39
  I find that there's a factual basis for your plea.
• 2:01:42
  I understand you're saying it didn't go down the way miss.
• 2:01:45
  Pitts. Told the police.
• 2:01:46
  But if she told the jury what she told the police and the
• 2:01:49
  officers came in and said, hey, when we responded, she had this
• 2:01:53
  lip that was bleeding and this and that, a jury could believe
• 2:01:56
  her. They might not, but they could.
• 2:01:58
  And because they could, I'll accept your plea.
• 2:02:01
  I'm accepting it as an Alford plea.
• 2:02:03
  I also find that your plea is knowing and voluntary.
• 2:02:06
  Voluntary means no one's forcing you to do this.
• 2:02:09
  You may not be real enthusiastic about it, but you've made your
• 2:02:12
  own decision to go forward. Is that correct?
• 2:02:14
  Yes, Sir. And knowing means you've
• 2:02:16
  understood the things we talked about.
• 2:02:18
  You agree with that? Yes, Sir.
• 2:02:19
  OK, Miss Rios, can someone in my office sign the indictment for
• 2:02:23
  you? Yes, Sir.
• 2:02:24
  Miss Willingham and Mr. Mack, can someone in my office sign
• 2:02:28
  your name indicating you're offered plea to count 3 of the
• 2:02:33
  indictment? The other two counts are being
• 2:02:34
  dismissed. Yes, Sir.
• 2:02:36
  All right. First offender, you qualify for
• 2:02:41
  it. It's mostly an opportunity.
• 2:02:43
  If you are trying to go to school or get a different job,
• 2:02:48
  that's a whole lot easier because you don't have to check
• 2:02:50
  that box that says are you a convicted felon?
• 2:02:52
  Or whether you check a box or not, if your employer is running
• 2:02:55
  your history, this doesn't show up as a conviction.
• 2:02:58
  That's the benefit. The risk of first offender is
• 2:03:01
  that if you and Miss Pitts really are so good or something
• 2:03:06
  else is going on in your life and you get arrested again in
• 2:03:09
  particular for putting your hands on someone, then we would
• 2:03:14
  have a hearing. And I would have the ability to
• 2:03:17
  take away your first offender because you've already plead
• 2:03:19
  guilty. Even though it's an offered
• 2:03:20
  plea, it's a guilty plea and I could resentence you without a
• 2:03:24
  trial. You get a hearing but no trial
• 2:03:26
  all the way up to the five years that you could get for family
• 2:03:30
  violence battery. Now, if you're pretty sure
• 2:03:32
  you're not going to be getting in trouble, first offenders a
• 2:03:34
  great deal. But if you're not so sure how
• 2:03:37
  you regulate your emotions when things get tricky with the
• 2:03:41
  ladies in your life or whatever's going on. 1st.
• 2:03:44
  Offender might be a little bit of a problem.
• 2:03:46
  How do you feel? About that I.
• 2:03:47
  Feel good. You feel good.
• 2:03:49
  All right, so you want to be sentenced as a first offender?
• 2:03:52
  Yeah. OK, I'll do that.
• 2:03:55
  I will sentence you to count 3. I'll send you to three years
• 2:04:00
  probation on count 3 with several special conditions.
• 2:04:04
  The most important one is no violent contact with Miss Pitts
• 2:04:08
  #2. You need to complete the
• 2:04:10
  family's first program, and you need to enroll in that within
• 2:04:13
  the first four months of probation.
• 2:04:16
  You also need to complete the Family Violence Intervention
• 2:04:19
  Program. It's a different program.
• 2:04:21
  It's a bunch of classes as well, and you need to get started with
• 2:04:24
  that within the first four months.
• 2:04:26
  Also. You're shaking your head.
• 2:04:28
  Why you're shaking your head. Pardon me, No.
• 2:04:32
  Class. What's class?
• 2:04:34
  What's the name? What you just.
• 2:04:35
  You already did a family violence.
• 2:04:37
  No, I'm not. No, I'm saying it actually
• 2:04:39
  Which. One, have you already?
• 2:04:40
  Did what he just said. You can keep going though.
• 2:04:43
  OK. So I was.
• 2:04:45
  Explaining that within the first four months of your probation,
• 2:04:48
  you need to enroll in the Family Violence Intervention Program.
• 2:04:52
  If you've already done one of those and you can provide proof
• 2:04:55
  that you did it, probation can consider that.
• 2:04:59
  But if you've not done one before, it's not just anger
• 2:05:01
  management, it's a whole lot more than that.
• 2:05:04
  Then you'll need to complete that program.
• 2:05:06
  You'll also need to complete 60 hours of community service.
• 2:05:10
  And you need to do that. Within the first six months of
• 2:05:12
  your probation and I will set a behavioral incentive date at
• 2:05:16
  November 8th of 2020. 8. Which, no, 2027.
• 2:05:24
  So that's 18 months from now. If you have done everything that
• 2:05:29
  you need to do, then your probation can end early.
• 2:05:33
  But if you haven't, then you've got three years to take care of
• 2:05:37
  the things you need to take care of.
• 2:05:39
  You just need to get enrolled early on and those community
• 2:05:44
  service hours need to be knocked out in the first six months.
• 2:05:47
  Miss Rios, anything else on behalf of Mr. Mack?
• 2:05:50
  No, no. Miss Willingham.
• 2:05:52
  OK. Any questions, Mr. Mack?
• 2:05:54
  No, no. OK.
• 2:05:56
  Miss Simpson, what do you live in Fulton County?
• 2:06:00
  No, I live in 3239 Columbia Wood Dr. Decatur.
• 2:06:03
  Decatur So you are going to be supervised out of DeKalb County.
• 2:06:08
  Miss Simpson is going to give you reporting instructions.
• 2:06:11
  She's going to meet with you. She needs to get a little info
• 2:06:13
  from you. She'll give you a piece of
• 2:06:14
  paper. Don't miss your first date with
• 2:06:16
  probation because if you do, they just send me a warrant and
• 2:06:20
  you're off to a bad start. Anything else?
• 2:06:25
  No. Miss Rios, No your.
• 2:06:27
  Honor, thank you. All right, Miss Willingham.
• 2:06:33
  OK friends, I managed to pull an exclusive for all of you.
• 2:06:36
  While this was going on, I did a little research and I found his
• 2:06:40
  signature T-shirt design, so I share it here with you right
• 2:06:44
  now. This is his best seller and it's
• 2:06:49
  easy to see that he's going to be very, very, very successful
• 2:06:53
  as his T-shirt business continues to grow.
• 2:06:56
  So just thought I would share that with you.
• 2:06:59
  Okie, Dokie, let's go to Texas, following through with this
• 2:07:04
  channel's promise of 9 to 11% more Judge Boyd, here we go.
• 2:07:07
  Lauren Espinoza for the State. Warren Wolf, John Ochoa all.
• 2:07:12
  Right. Are you Mr. Ochoa?
• 2:07:13
  Yes, ma'am. All right.
• 2:07:14
  Did you review the document entitled Motion to Enter
• 2:07:17
  Adjudication of Guilt and Revoke Community Supervision with your
• 2:07:21
  attorney and did you understand it?
• 2:07:24
  Are you the same John Anthony Ochoa who was placed on deferred
• 2:07:27
  adjudication IN2024CR008773 for the Offensive possession of a
• 2:07:34
  Controlled Substance Penalty group 1/4 to 200 grams on
• 2:07:37
  October 21st, 2024 for a period of six years?
• 2:07:41
  Is that you? Yes, ma'am.
• 2:07:42
  All right. State violated condition #2 on
• 2:07:46
  or about the 15th day of November, 2025, in Bear County,
• 2:07:50
  Texas, The defendant, John Anthony Ochoa, did then and
• 2:07:54
  there consume alcoholic beverages in violation of
• 2:07:56
  condition #2 How do you plead to that?
• 2:07:58
  True or not true? State will waive the remaining.
• 2:08:02
  Any objections to the waivers? No, Your Honor, did you
• 2:08:05
  understand by pleading true to violation of condition #2 the
• 2:08:08
  court could find it true? Grant the motion fined you
• 2:08:11
  guilty and sentenced you up to 20 years in the prison and up to
• 2:08:13
  $10,000 fine. Knowing that, do you still wish
• 2:08:16
  to plead true to violation of condition #2?
• 2:08:19
  Yes. Court will find violation of
• 2:08:21
  condition number two true. Is there a proposed agreement?
• 2:08:24
  Yes, Judge. The proposed agreement is to
• 2:08:26
  deny state's motion all turn amend to implement GPS work
• 2:08:30
  release and intensive outpatient treatment.
• 2:08:33
  All right. And what's happening with the
• 2:08:34
  new number one case that is out of county, Judge?
• 2:08:37
  OK, it's pending in he deals. He needs to deal with that.
• 2:08:41
  If you grant him probate continued supervision, the jail
• 2:08:46
  will notify Wilson County and get him if they don't.
• 2:08:50
  I told him if they release him and Wilson that he doesn't get
• 2:08:53
  him within the time frame, then he'll need to deal with that
• 2:08:57
  situation, get an attorney and deal with that case all.
• 2:09:00
  Right state you baby. Excuse probation?
• 2:09:04
  What is probation's recommendation on a choa?
• 2:09:06
  All right, Do you know you're not allowed to drink while
• 2:09:09
  you're on probation? Yes, ma'am.
• 2:09:11
  Then why are you doing it? It was all it was, just no
• 2:09:14
  mistake. No, I mean, it's not a mistake
• 2:09:17
  that these were choices that you were making.
• 2:09:18
  So why are you making these choices?
• 2:09:21
  I mean, do you want to go to prison?
• 2:09:23
  No, not. Then you need to start acting as
• 2:09:25
  though you don't want to go to prison because your actions are
• 2:09:29
  saying you want to go to prison or either you want somebody not
• 2:09:32
  to catch you, right? And you just slide through this
• 2:09:35
  probation. But at some point in time, this
• 2:09:38
  is what I've discovered in my time on the planet, at some
• 2:09:42
  point in time, everything catches up to you, right?
• 2:09:47
  So if you don't start treating probation seriously, you're
• 2:09:50
  looking at going to prison and you're looking to going up to
• 2:09:53
  prison for up to 20 years, you understand?
• 2:09:57
  So do you live in Wilson County and have you had any employment
• 2:10:02
  since you've been on probation? Yes.
• 2:10:04
  Doing what? Closing in parking and
• 2:10:07
  advocating for a company called CJI All.
• 2:10:11
  Right. I'll deny the motion altered
• 2:10:14
  amend conditions to include the following and I'm sorry, as
• 2:10:18
  previously stated, the court is finding violation of condition
• 2:10:21
  number two. True, the court is going to
• 2:10:23
  does. That have a copy of the court
• 2:10:26
  somebody if you want to their recommendation.
• 2:10:29
  Thank you. All right.
• 2:10:30
  The court is going to place you on partial GPS for employment
• 2:10:33
  only until further notice. Waive GPS fees.
• 2:10:38
  Miss Abrams, the the intensive outpatient treatment.
• 2:10:42
  I mean, was that previously recommended by the tap
• 2:10:45
  evaluation? Because what he's playing true
• 2:10:48
  is drinking alcohol. Can you raise your right hand
• 2:10:51
  for me, please? Do you solemnly swear, Affirm.
• 2:10:53
  The testimony you get will be the truth and nothing but the
• 2:10:55
  truth. So help you God.
• 2:10:56
  All right, you can vote your hands.
• 2:10:57
  State your name for the record. John Anthony all.
• 2:11:01
  Right. So you've already pled true to
• 2:11:03
  violation of condition #2 court is already going to deny the
• 2:11:06
  motion. My question now because I'm
• 2:11:10
  trying to. Oh so.
• 2:11:12
  Judge, the last tap recommendation was for him to go
• 2:11:15
  to local ISF and he did local ISF.
• 2:11:19
  We completed it successfully 124 days.
• 2:11:24
  So being that he had done that there, although we did not move
• 2:11:30
  or the state did not move forward on the other #2 he was
• 2:11:34
  positive also for methamphetamines on that day.
• 2:11:37
  He admitted he didn't well. Well, I know he didn't.
• 2:11:39
  I'm just trying to figure out what whether or.
• 2:11:41
  Not something happened in December that just relapsed.
• 2:11:45
  You know, he, he went through the program.
• 2:11:47
  Well, I, I can tell you, Council, what I'm just trying to
• 2:11:49
  figure out is whether intensive outpatient treatment is
• 2:11:53
  appropriate or it should be something less.
• 2:11:56
  That's why I'm asking him about drug use and alcohol use.
• 2:12:00
  So how often were you using alcohol while you since you've
• 2:12:03
  been on probation? Not, not often.
• 2:12:06
  What does that mean? It's really just that once,
• 2:12:08
  therefore. And with the methamphetamine
• 2:12:10
  with. The methamphetamine, not gonna
• 2:12:13
  lie, I did realize, but I ended up stopping.
• 2:12:16
  All right. Do you not have a sponsor?
• 2:12:19
  Sponsor. You probably need to get a
• 2:12:21
  sponsor because you need somebody to call when you're
• 2:12:26
  thinking about using so you can talk to them and say, hey, I'm
• 2:12:30
  at a bar because your sponsor will probably say leave the bar
• 2:12:34
  or either the sponsor will say I'm on my way over.
• 2:12:37
  You need somebody to hold you accountable outside of just
• 2:12:40
  probation, you understand. Yeah, I understand.
• 2:12:43
  But that's kind of like the reason why I did stuff because I
• 2:12:46
  did have meet somebody and she had been keeping me off.
• 2:12:50
  She was keeping me on track. All right.
• 2:12:52
  The court will deny the motion to alter the main conditions,
• 2:12:55
  partial GPS for employment only until further notice.
• 2:13:00
  So what that means is while you're on GPS, you can only go
• 2:13:03
  to work. That's it.
• 2:13:04
  If you're driving from work and you see a fast food place and
• 2:13:08
  you're like, hey, let me stop there and grab something, you're
• 2:13:11
  not allowed to do that. You're only allowed to leave
• 2:13:13
  your house, go to work, leave work, go back home.
• 2:13:17
  You understand? Yes.
• 2:13:19
  All right. And there'll be intensive
• 2:13:22
  outpatient treatment through probation, probation, anything
• 2:13:28
  else. And I, I'm going to add 50 hours
• 2:13:32
  of community service, restitution.
• 2:13:34
  And for every sober support meeting you complete, an hour
• 2:13:37
  will be deducted from your community service.
• 2:13:40
  Is there anything else you need from the court to be successful?
• 2:13:44
  I was going to ask because I'm expecting AI just found out
• 2:13:48
  that's affecting the baby soon. So like in my like a new way
• 2:13:52
  that for your doctor's appointment, so they will show
• 2:13:54
  up to the doctor's appointments or.
• 2:13:56
  All right, so we'll cross that bridge when we get there because
• 2:13:59
  I have no idea what's going to happen with Wilson County.
• 2:14:01
  What I can tell you is if the Wilson County issues are
• 2:14:05
  resolved, if I'm still here, you come back here and you let me
• 2:14:09
  know or either you let probation know and we'll address that.
• 2:14:12
  I'm sure if you're doing well that I will allow you to do
• 2:14:16
  that. If you're not doing well, it's
• 2:14:19
  probably not going to happen. So it'll be completely up to you
• 2:14:23
  whether you're allowed to or not.
• 2:14:24
  OK. Yes, ma'am.
• 2:14:25
  All right, Good luck to you. And here's the thing.
• 2:14:28
  You got to have a baby. Be someone that that baby will
• 2:14:31
  be proud to say. That's my dad.
• 2:14:33
  And make sure that you are in that child's life and listen to
• 2:14:37
  the child. OK.
• 2:14:39
  All right, Good luck to you. Thank you.
• 2:14:40
  Thank you very much. You're welcome.
• 2:14:43
  So Tim, thank you for gifting 5 memberships.
• 2:14:45
  SO out of the five you hit on 2, not just Lisa but Miss Ellie Mae
• 2:14:51
  has been in our chat this morning and she got a membership
• 2:14:53
  as well. Two out of five is a pretty good
• 2:14:56
  hit. So 15 gifted memberships this
• 2:14:59
  morning. Those of you who have gotten a
• 2:15:01
  gifted membership, I encourage you to enjoy it for the 30 days
• 2:15:05
  and if you do enjoy it, please renew it $2.99 a month.
• 2:15:10
  Not a lot of money. You get access to our videos
• 2:15:14
  early, you get a discount in our store and you get access to the
• 2:15:18
  pre show which is returning on Monday after two week hiatus.
• 2:15:21
  So lots that you get for very, very little money and it's a
• 2:15:24
  great way to support the channel.
• 2:15:26
  But again, thank you, Tim. I appreciate that.
• 2:15:29
  Let's go stay in Texas. We'll go to Judge Stevens.
• 2:15:33
  You have to be here. We can't go fine with you, even
• 2:15:35
  when you're in the courthouse. You got to be in the court.
• 2:15:38
  Room at 9 Who's on this? Please.
• 2:15:41
  Let's talk with me all morning. Sometimes I'm lucky, Sometimes
• 2:15:45
  I'm not lucky. I'm not going to tell you which
• 2:15:47
  one. I'm pretty sure you're unlucky.
• 2:15:49
  This. Morning.
• 2:15:52
  Is this might have a criminal history other than this?
• 2:15:55
  That you know of 15. $1000 That's right.
• 2:16:00
  I don't think it. That doesn't sound like she's
• 2:16:02
  got a criminal history. She does not.
• 2:16:05
  She was 17 at the time of the offense.
• 2:16:08
  You're still this is a serious offense where you're looking at
• 2:16:11
  up to 10 years in person 10. Years in person which?
• 2:16:15
  No one should be looking forward to that.
• 2:16:19
  But when was the last time you talked to Mr. Galmore?
• 2:16:22
  And she's your court date? Really.
• 2:16:25
  Yes, ma'am. That would have been April 9th,
• 2:16:27
  yes, a month ago. OK, if anybody sees Dustin
• 2:16:32
  Gallmore, tell him we're waiting on him about.
• 2:16:36
  The text. When you judge, man.
• 2:16:38
  What'd you say I had? Talked two weeks ago on the
• 2:16:42
  30th. But not today.
• 2:16:43
  Not today. OK, Yeah.
• 2:16:45
  Just send him a text asking for his ETA.
• 2:16:47
  Not to be derogative, which was 15 minutes ago.
• 2:16:50
  He's habitually late to your court judge.
• 2:16:53
  All right, you're. Going to have to wait.
• 2:16:55
  Yeah. And see what happens here.
• 2:16:59
  Judge Just Dustin. Just walked in the front of him.
• 2:17:04
  I'm here, we have three people we got to give advice out and.
• 2:17:08
  See Miss Garrett. Yeah, I know who.
• 2:17:11
  Apparently y'all hadn't discussed anything since the
• 2:17:13
  last time. Well, miss.
• 2:17:14
  Garrett. We do have a problem.
• 2:17:16
  With discovery the written documents for whatever.
• 2:17:19
  Reason didn't come. Across on the portal, we've
• 2:17:21
  looked at the media, but until I have the documents.
• 2:17:24
  I haven't talked to her about it yet.
• 2:17:25
  What do? We do about it.
• 2:17:27
  If we don't need it. Yeah, nothing.
• 2:17:28
  I can figure. No, no, we've already contacted
• 2:17:30
  the DA's office. We've gotten with them.
• 2:17:32
  So if we can just get one more announcement today, I'm sure
• 2:17:34
  we'll get that resolved. 3 weeks, good.
• 2:17:36
  Three weeks is good. OK.
• 2:17:38
  Please get a resetting. OK.
• 2:17:40
  Thank you man. Josiah, it's.
• 2:17:41
  Brooklyn Learson Scarrett, thank you.
• 2:17:45
  Jawan Kohler. Can we hold on him for just a
• 2:17:47
  minute? Yeah.
• 2:17:48
  Just a second, do you have a seat?
• 2:17:50
  Ross Owens We've we've gone through the discovery this.
• 2:17:58
  Case will be. Resolved.
• 2:17:59
  I think the only issue really is just finalizing the amount of
• 2:18:02
  restitution. If we could just get this case
• 2:18:05
  preset for a disposition, we'll we'll have much more reset.
• 2:18:10
  It's fine. We'll need extra time.
• 2:18:13
  Left, you know. There is nothing.
• 2:18:15
  Normal in this room. That four weeks?
• 2:18:17
  Good. That was the same announcement
• 2:18:19
  made on every second can. You do 3.
• 2:18:21
  We can do 3. Set an article on get a
• 2:18:24
  resentment and for disposition. Let me just trouble.
• 2:18:28
  We have a trial Dustin it in 15 minutes.
• 2:18:32
  I only need to all right on this one.
• 2:18:36
  Have y'all had a chance? Are you still putting on
• 2:18:38
  evidence on the punishment phase right.
• 2:18:40
  It depends. If Joe doesn't call anybody
• 2:18:42
  something Michael calling buddy. I do have her.
• 2:18:44
  Here just in case but it. Was a potential for him calling?
• 2:18:47
  One more witness and I wanted to.
• 2:18:48
  Have her here to answer. You well.
• 2:18:49
  That's fine, OK. All righty.
• 2:18:52
  Since judge muted, let's move along.
• 2:18:53
  We'll go back to Judge Boyd. New contestant there all.
• 2:18:57
  Right, the court is calling 2026 CR 002005 State versus Robert
• 2:19:05
  Miguel Cardenas Medrano the 3rd I have parties announced
• 2:19:10
  Lawrence Merezza for the state. Renee.
• 2:19:11
  And anyone else on this on behalf of Miss Medrano.
• 2:19:13
  And are you Mr. Medrano, did you review the document entitled
• 2:19:17
  Motion to revoke Community supervision with your attorney?
• 2:19:20
  Did you understand it? Are you the same?
• 2:19:23
  Thank you. Are you the same Robert Miguel
• 2:19:26
  Cardenas Medrano, the third who was placed on community
• 2:19:28
  supervision in 2026, CR 002005 for the offense of theft of
• 2:19:36
  property less than $2500 with two or more previous convictions
• 2:19:41
  on March 24th, 2026 for a term of two years.
• 2:19:45
  Is that you right? State violated condition number
• 2:19:50
  one. On or about the 31st day of
• 2:19:53
  March, 2026, in Bear County, Texas, The defendant, Robert
• 2:19:57
  Miguel Cardenas Medrano, the third, committed the offensive
• 2:20:00
  Theft in violation of condition #1 How do you speak to that?
• 2:20:04
  True or not true? Did you understand by pleading
• 2:20:07
  true to violation of condition #1 the court could find it to
• 2:20:10
  grant the motion? Sent you up to two years in the
• 2:20:12
  state jail facility and up to a $500 fine.
• 2:20:15
  Yes. Knowing that, do you still wish
• 2:20:17
  to plead true to violation of condition #1 Sure.
• 2:20:20
  Do you still wish to plead true to violation of condition #1 All
• 2:20:24
  right. Is there a proposed agreement?
• 2:20:26
  Yes, Judge. The proposed agreement is to
• 2:20:27
  deny State's motion, alter and amend conditions for Satis and
• 2:20:31
  the. State will take into.
• 2:20:32
  Consideration cause number 2026 PF 1355.
• 2:20:38
  Three all. Right.
• 2:20:39
  So y'all are going to have to tell me why should I follow
• 2:20:42
  this? Because it appears that he was
• 2:20:45
  placed on probation, then immediately he picks up, you
• 2:20:49
  know, not even well, approximately six to seven days
• 2:20:52
  later, he picks up the death case.
• 2:20:55
  Yes, Your Honor, if I may have the chance to address that, I
• 2:20:59
  figured the court may have some concerns.
• 2:21:00
  We looked into the office report of the new allegation of theft
• 2:21:04
  and there are instances around it surrounding alcohol.
• 2:21:08
  He's allegedly been at a gas station, allegedly have taken
• 2:21:12
  the chips and an alcoholic beverage there within the gas
• 2:21:15
  station. So all these things are
• 2:21:18
  screaming treatment, judge, inpatient treatments, which is
• 2:21:21
  what I spoke with my client about and the state about.
• 2:21:26
  He understands that the root cause of his issues is alcohol
• 2:21:30
  dependency. I didn't speak with the state
• 2:21:33
  and probation at length about the options to see what's most
• 2:21:36
  beneficial for him. Seems that this time does not
• 2:21:40
  have a waiting period and it is an inpatient facility through
• 2:21:43
  committee supervisioning department here within San
• 2:21:46
  Antonio. So he wants to get a handle on
• 2:21:49
  this and does not become a part of this system.
• 2:21:51
  I did talk to him about his options regarding whether
• 2:21:54
  contesting the charge of asking about jail time amounts or
• 2:21:59
  asking about treatment options, and he respectfully wants to try
• 2:22:01
  the treatment option route. Admittedly, when he signed on
• 2:22:05
  probation, he was still having issues he thought he could
• 2:22:09
  handle on his own. But it turns out that these
• 2:22:11
  issues are a little bit too much for him to bear on his own and
• 2:22:14
  he needs the support of a treatment team and we we think
• 2:22:17
  that sat up would be beneficial. All right, So what is your drug
• 2:22:21
  that you've been using alcohol for, your honor?
• 2:22:23
  I mean, do you want to go to prison?
• 2:22:25
  And it's it's it's not just that it's it's it's a number of
• 2:22:29
  things, but I feel like if I'm being like, like I'm whining and
• 2:22:35
  it's like I try to like self medicate us talk to my mom many
• 2:22:38
  times. It's like kindly need something.
• 2:22:42
  I was talking to my lawyer and I was I'm willing to take the the
• 2:22:47
  terms that are agreed, but probably I kind of was wanting
• 2:22:51
  to see if we could just put treatment center in this, this
• 2:22:55
  just everything. So that way I could I could try
• 2:22:58
  to move to a different state because like it's showing lots
• 2:23:03
  of patterns of of just of just of, of, of, of me not being able
• 2:23:08
  to, to, to just completely move through San Antonio, TX and back
• 2:23:14
  because of my like the way you said you're like, oh, just right
• 2:23:18
  away, another fence. And it's like everything is
• 2:23:21
  enhanced here in Texas for me. And it's not like that I'm going
• 2:23:24
  to go to another state, and completely lightly, I'm not.
• 2:23:27
  It's just that I feel like I won't be able to get on when you
• 2:23:29
  start. Well, see, here's the thing, and
• 2:23:31
  this is what I'm going to tell you when you go to different
• 2:23:35
  states. I mean, sometimes it's like, OK,
• 2:23:38
  you know what? I need a fresh start.
• 2:23:39
  I need to go somewhere where nobody knows me and I just need
• 2:23:42
  to a fresh start. But what I can tell you,
• 2:23:47
  whatever problems you have, you still going to have unless those
• 2:23:52
  problems are addressed. So if you have a substance abuse
• 2:23:56
  issue, guess what, if you go to another state, you're still
• 2:23:59
  going to have that substance abuse issue.
• 2:24:02
  You know, sometimes people want to run from their financial
• 2:24:05
  responsibilities, right? Maybe child support or
• 2:24:08
  something. And let me just tell you what
• 2:24:09
  happens. You can go to whatever state you
• 2:24:11
  want. You still don't have the Child
• 2:24:13
  Support issues. You can't be running away from
• 2:24:17
  something. You have to be running towards
• 2:24:20
  something. So that's what you need to
• 2:24:22
  concentrate on and you need to start asking yourself, am I
• 2:24:25
  running away from something or am I running towards something
• 2:24:29
  new? Because if you're running away
• 2:24:30
  from something, that something is never going to get tired and
• 2:24:35
  stop running, you understand and stop running towards you.
• 2:24:39
  So you're going to have to make better choices.
• 2:24:42
  This is what the court is going to do.
• 2:24:44
  The court will deny the motion. Alternate main conditions taking
• 2:24:47
  consideration 2026 PF 13553 in custody there's going to be a
• 2:24:53
  referral to felony drug court. If not accepted then you're
• 2:24:56
  going to SATA now. Oh I'm sorry state you may be
• 2:24:59
  excuse now with regards to the reason for your alcohol.
• 2:25:03
  Is there any type of mental things that are associated with
• 2:25:07
  that? I just lost someone.
• 2:25:08
  Purchasing the battle. In 2024, after I got released
• 2:25:13
  from TCJ, that just came. I've been, I've been struggling.
• 2:25:21
  It's I just recently made my, my children to foster care.
• 2:25:26
  So my mom has them. When I came out on probation, I
• 2:25:31
  kind of got into a state where I was at my mom's house, but then
• 2:25:36
  my daughter, she's a teenager. So I don't want her dad seeing
• 2:25:39
  me. I don't want her seeing me there
• 2:25:41
  at the house trying to just like weed it with all of my all of my
• 2:25:46
  nephews and my little my little nephews.
• 2:25:49
  So I was trying to find a way into, into a spot.
• 2:25:53
  I, I still have my mom's spot. I mean, I still have my guest
• 2:25:56
  spot, my aunts cars. I was, I was trying to get in
• 2:25:59
  today before I couldn't get in. Then they said I went to the
• 2:26:01
  lifetime recovery. I couldn't get in.
• 2:26:03
  Well, let me just tell you, the Lenny Drug Court is a good
• 2:26:06
  program. And if you really look at your
• 2:26:10
  life, number one, you are lucky in the fact and it's by God
• 2:26:16
  grace that you had somebody to take your children because
• 2:26:20
  sometimes when children are taken by the foster care system,
• 2:26:25
  there's nobody to take care of your child.
• 2:26:27
  And you were saying you had just got released from prison.
• 2:26:30
  You shouldn't have been in prison.
• 2:26:31
  You know why? Because you should have been
• 2:26:33
  100% concentrating on your children and their needs.
• 2:26:37
  So many times people will bring children into this world and
• 2:26:41
  then they just leave them on their own and they don't realize
• 2:26:44
  that their actions have a impact on their children.
• 2:26:49
  And let me see here, probation, This is what else I'm going to
• 2:26:52
  add to the conditions, All right?
• 2:26:56
  Because I see the judge who placed him on probation didn't
• 2:26:59
  add this. We're going to add 200 hours of
• 2:27:02
  community service restitution. I'm going to order parenting
• 2:27:06
  classes. Once parenting classes are
• 2:27:08
  completed, a hundred of those hours will be deemed satisfied,
• 2:27:11
  and then there's going to be 1 hour deducted for every sober
• 2:27:15
  support meeting that he completes.
• 2:27:19
  There's going to be proof of employment within 45 days of
• 2:27:23
  release, no employment as a home health care provider or with
• 2:27:27
  minors. And I'm going to want field
• 2:27:30
  visits one time per month until further notice and no
• 2:27:34
  unsupervised contact with minors.
• 2:27:36
  Now the no unsupervised contact, that may change, but once it
• 2:27:40
  once you complete parenting classes, because if you sign
• 2:27:43
  your rights over with CPS, that means that you didn't complete
• 2:27:48
  their programs. OK, OK.
• 2:27:50
  So you need to make sure you do parenting classes.
• 2:27:53
  Can I give a? Can I give a statement on a not
• 2:27:55
  finishing parenting classes? Sure.
• 2:27:58
  I came out of prison came out of prison to to a load of like not
• 2:28:04
  problems, but I came up for short limited at the time
• 2:28:07
  because. Oh, no, yeah.
• 2:28:09
  To fulfill, all right, So I didn't have enough time to
• 2:28:12
  fulfill. All.
• 2:28:13
  Of the stuff that I had to commit in order to get my
• 2:28:16
  children back so I didn't just give them up.
• 2:28:19
  Let me ask you. This So no, no, here's the
• 2:28:21
  thing, one who was your Child Protective Services attorney?
• 2:28:25
  It was Rochelle. All right, so then here's my
• 2:28:33
  other question for you. When you were released from
• 2:28:36
  prison, how much time did you have left to complete your seat?
• 2:28:40
  Four months? Four months?
• 2:28:42
  All right. In that four months time, did
• 2:28:45
  you have any stumbles? Is that most of the programs
• 2:28:52
  that I have to attend were more in six months I only I finished
• 2:28:56
  parenting and I finished. Let me just tell you what I know
• 2:28:59
  about CPS because I, I've worked in CPS and so let me just tell
• 2:29:03
  you what I know about CPS. When you have people who are
• 2:29:06
  coming out of prison, if you have four months remaining and
• 2:29:09
  you hit the ground running and they see that you're serious and
• 2:29:12
  you're hitting the ground running and you don't have any
• 2:29:14
  stumbling blocks, Now you're going to have to be perfect
• 2:29:17
  because they have time constraints over there.
• 2:29:19
  They have a year. However, they can extend it.
• 2:29:22
  Not much time, but they can extend it and they will only
• 2:29:25
  extend it if you don't hit any stumbling blocks.
• 2:29:29
  Now, some people, you know what they will do?
• 2:29:31
  They will say, I really don't have to complete this because my
• 2:29:33
  mom is going to take the children.
• 2:29:35
  I'm going to sign my rights over, let my mom adopt them.
• 2:29:39
  Because when somebody else adopts your children, the
• 2:29:42
  children are allowed to have higher education for free.
• 2:29:46
  It has to be a State College. So with your children, you need
• 2:29:51
  to remind them sign up for college State College because
• 2:29:54
  it's free for them, because they've been adopted by your
• 2:29:57
  your mom and they have certain financials that help them out.
• 2:30:01
  So sometimes people will be like, I just don't sign it over.
• 2:30:04
  But you're going to have to start stepping up.
• 2:30:05
  You understand? All right, good luck to you.
• 2:30:08
  You're welcome. Megan Sanchez.
• 2:30:11
  What page is Megan Sanchez on Page. 4 this.
• 2:30:14
  One done. All right.
• 2:30:15
  Thank you. Probation.
• 2:30:16
  This is an application council. How's everything going and how's
• 2:30:21
  my friend doing not? As good as before.
• 2:30:25
  Well, I'm still keeping my prayers.
• 2:30:27
  Steps forward and steps backward.
• 2:30:29
  All right, well, tell him he's going to have to keep doing the
• 2:30:31
  steps forward, otherwise I'm going to write his his biography
• 2:30:35
  for him. I don't think he wants me to
• 2:30:37
  write it. All right, the court is calling
• 2:30:40
  2026 CR 002602 State versus Megan Sanchez.
• 2:30:46
  Can I have parties? Announced Lauren Espinoza for
• 2:30:48
  the state. Eddie Garcia for Miss Sanchez.
• 2:30:50
  And are you Miss Sanchez Council, have you received all
• 2:30:53
  discovery? Did you review it with your
• 2:30:54
  client? Yes, Judge.
• 2:30:56
  And Miss Sanchez, did you review the application for deferred
• 2:30:59
  adjudication with your attorney? Did you understand it and sign
• 2:31:01
  it? Yes, Sir.
• 2:31:03
  And did you review the true bill of indictment with your
• 2:31:05
  attorney? Did you understand it?
• 2:31:07
  Yeah. Councillor, Are you waiving the
• 2:31:08
  reading of the indictment? State, are you proceeding on the
• 2:31:11
  indictment as presented? Yes, Judge.
• 2:31:13
  But now that I'm thinking about it, I think I neglected to put
• 2:31:16
  the prior judgments in our stipulation.
• 2:31:18
  Oh, that's OK. Let me give that to you.
• 2:31:20
  Thank you. All right.
• 2:31:21
  The court will find that the state is in compliance with
• 2:31:23
  discovery. Miss Sanchez, did you review the
• 2:31:26
  court admonishments with your attorney?
• 2:31:28
  Did you understand it? And did you sign it in all the
• 2:31:31
  appropriate places? You're charged with theft 2500
• 2:31:35
  to $30,000 as a state jail felony.
• 2:31:38
  Oh, you did it? It was.
• 2:31:39
  A. Different charge.
• 2:31:40
  Thank you. It's an aggregate, so we're
• 2:31:42
  good. No problem.
• 2:31:45
  The range of punishment is anywhere from 180 days, up to
• 2:31:48
  two years in the state jail facility and up to a $10,000
• 2:31:52
  fine. If you have a plea with the
• 2:31:53
  state, the court does not have to follow your plea.
• 2:31:56
  If the court does not follow your plea and gives you more
• 2:31:58
  than you bargained for, the fact that you entered a plea will not
• 2:32:01
  be used against you and you will be allowed to withdraw your
• 2:32:04
  plea. You have a right to jury trial,
• 2:32:06
  a right for you or your attorney to cross examine and confront
• 2:32:08
  these witnesses. The State will call in the right
• 2:32:10
  to remain silent. Counsel, by entering this plea,
• 2:32:15
  you're giving up those rights. Did you intend to give up those
• 2:32:17
  rights and enter into a plea in this case?
• 2:32:20
  Did you understand if the court would have grant your
• 2:32:22
  application for deferred adjudication?
• 2:32:24
  If for any reason your deferred adjudication were revoked, the
• 2:32:27
  court could find you guilty and sentence you up to two years in
• 2:32:30
  state jail facility and up to $10,000 fine.
• 2:32:33
  Counsel, has your client been able to provide you with any
• 2:32:35
  defenses? She has, your honor.
• 2:32:37
  Do you believe she has a rational as well as a factual
• 2:32:39
  understanding of the charges against her?
• 2:32:41
  Yes. Do you believe she's currently
• 2:32:43
  competent, was legally sane at the time of the offense?
• 2:32:46
  Miss Sanchez, has anyone threatened you, coerced to
• 2:32:48
  replace you in fear to get you to enter this plea?
• 2:32:51
  Anyone promise you anything other than the plea?
• 2:32:53
  No. Are you satisfied with the way
• 2:32:55
  you've been represented? If you're not AUS citizen by
• 2:32:58
  entering this plea, you will be deported, denied naturalization
• 2:33:01
  and re entry. Did you understand?
• 2:33:02
  Yes Sir. Court will find that defendant
• 2:33:04
  has knowingly and voluntarily waived and consented to
• 2:33:06
  stipulate. I'm sorry.
• 2:33:08
  The court will find that defendant has knowingly and it's
• 2:33:10
  it's Friday, the court will find and the defendant has not only
• 2:33:14
  involuntarily waived her right to jury trial.
• 2:33:17
  Did you review the plea bargain page with your attorney?
• 2:33:19
  Did you understand it? Yes, All right.
• 2:33:21
  According to the plea, there's a $1200 fine probated and the
• 2:33:26
  state recommends deferred adjudication.
• 2:33:28
  Did you understand that to be the plea defense and state?
• 2:33:31
  Yes, your honor. Yes, Your Honor, did you review
• 2:33:34
  the waiver of appeal paragraph with your attorney?
• 2:33:36
  Did you understand it and sign it in both places?
• 2:33:38
  Yes, you are. By signing that, you're waving
• 2:33:40
  your right to appeal. The only items that can be
• 2:33:42
  appealed are written pretrial motions that have been filed,
• 2:33:45
  heard and ruled upon by the court.
• 2:33:47
  Did you understand any such motions?
• 2:33:49
  No such motions. Outside the agreement, the state
• 2:33:54
  is recommending that your community supervision before
• 2:33:56
  term of four years there be a tap evaluation, 120 hours of
• 2:34:01
  community service restitution did you and the theft course in
• 2:34:06
  MRT probation. Are you ready?
• 2:34:08
  He has a copy as well. All right, thank you.
• 2:34:11
  Thank you for that. You're welcome.
• 2:34:12
  Cindy, Are you ready? All right.
• 2:34:14
  There's to be no contact with the Heebner Oaks Shopping center
• 2:34:19
  locations and the locations of Academy at 2643 NW Loop 410, San
• 2:34:29
  Antonio, TX 78230. Alta Ulta at 11745 at IH 10 W
• 2:34:40
  seven O 1, San Antonio, TX 78230.
• 2:34:46
  Victoria's Secret at 11745 block IH10 W northbound San Antonio,
• 2:34:54
  TX 78230 and Bath and Body Works at 11745 IH 10 W, San Antonio,
• 2:35:06
  TX 78230. Did you understand those were
• 2:35:09
  recommendations from the state and the court does not have to
• 2:35:12
  follow those recommendations? Then to the offenses charge, how
• 2:35:16
  do you plead? Guilty, not guilty or no
• 2:35:18
  contest? State, Any evidence?
• 2:35:20
  Yes, your honor. State offer State's exhibit one
• 2:35:22
  and all attachments. All.
• 2:35:25
  Right and state. Is there any restitution?
• 2:35:27
  No judge. All items were recovered.
• 2:35:28
  All right, thank you. You may be excused.
• 2:35:30
  Did you review the waiver and stipulations with your attorney?
• 2:35:32
  Did you understand it and sign it in all the appropriate
• 2:35:35
  places? Again, that you understand you
• 2:35:38
  have a right to jury trial, a right for you or your attorney
• 2:35:40
  to cross examine and confront any witnesses the state would
• 2:35:44
  call in the right to remain silent?
• 2:35:45
  Yes, Sir. Did you understand that today
• 2:35:47
  the State will be presenting evidence in the form of
• 2:35:49
  witnesses, statements and police reports, but most importantly,
• 2:35:53
  there'll be no live testimony? Did you understand?
• 2:35:56
  Court will find that defendant has known and voluntarily waived
• 2:35:59
  and consented to stipulation of testimony and stipulations.
• 2:36:02
  The court will accept into evidence States exhibits one in
• 2:36:05
  attachments and review the same. All right.
• 2:36:07
  The court will find there's sufficient evidence to find you
• 2:36:10
  guilty. The court will defer finding of
• 2:36:12
  guilt. As you've applied for deferred
• 2:36:14
  adjudication, are you proceeding with sentencing?
• 2:36:17
  Yes, you're on. All right, who is Megan's?
• 2:36:21
  I'm sorry, Who is Melanie Sanchez to you?
• 2:36:25
  And who's the older sister? I'm sorry, I'm the older sister.
• 2:36:29
  All right. And how old is your is your
• 2:36:31
  sister Melanie? She's my age.
• 2:36:33
  OK. And who is Shawn Lyons?
• 2:36:35
  Shawn. Lyons, I don't know who.
• 2:36:37
  OK, they have these as other people who are involved.
• 2:36:41
  I don't know, maybe they were the people at the store.
• 2:36:44
  Mia Wells, Joe Juarez with Erica Jones.
• 2:36:48
  All right, so why were you all stealing?
• 2:36:51
  It was just to. Make money, but I understand
• 2:36:55
  that. That's not the right way to
• 2:36:56
  make. Money for responsibility for
• 2:36:58
  that? Well, why did you need to make
• 2:36:59
  money? Did you have employment?
• 2:37:01
  At that time, no, I was. And why were you not employed?
• 2:37:06
  I just wasn't. Employed.
• 2:37:07
  There was. No, there's no.
• 2:37:08
  It's just for why I was. So are you employed now?
• 2:37:11
  No, ma'am. I'm currently taking classes
• 2:37:14
  right now. How old are you?
• 2:37:15
  I'm 24. All right, so how are you
• 2:37:16
  supporting yourself? No, I mean, how do you you
• 2:37:19
  support yourself? Because it takes money to live.
• 2:37:22
  You got you. You have to eat.
• 2:37:24
  I really understand. Assistance.
• 2:37:25
  From government? Why?
• 2:37:28
  No, I mean, help me because I'm trying to understand.
• 2:37:32
  You say you're receiving government assistance because
• 2:37:35
  you don't work. So.
• 2:37:37
  Who lives with her mother? That probably provides much of
• 2:37:41
  the support. All right, so who are you
• 2:37:43
  staying with? My mother.
• 2:37:45
  All right, so why are you receiving government assistance?
• 2:37:48
  Or I mean, what reason? OK, and how old is your son?
• 2:37:51
  He's 4. All right, so didn't you have a
• 2:37:54
  son when this was going on? No, I, I understand.
• 2:37:57
  Yeah, I just have a. Son, I mean, there's no
• 2:38:00
  destination to why I didn't want to do it.
• 2:38:02
  All I can do now. Just take responsibility, I
• 2:38:04
  understand. I can't go.
• 2:38:05
  Back and change what I did, but I can definitely move forward.
• 2:38:08
  OK and I'm trying to understand and the reason why I ask these
• 2:38:11
  questions. I'm trying to understand what
• 2:38:12
  conditions of probation would be appropriate for you, so I'm
• 2:38:17
  trying to see mentally where you are.
• 2:38:19
  You did mention that you're a nursing school.
• 2:38:21
  Yeah, I'm. I'm in at the moment.
• 2:38:23
  I'm in the process of trying to obtain my certification update.
• 2:38:28
  You know. To.
• 2:38:29
  I just want to. Be a better.
• 2:38:30
  Role model for my sons. OK, so this is what I'm going to
• 2:38:33
  tell you, and I'm sure your attorneys already talked to you
• 2:38:36
  about this. Any occupation that requires a
• 2:38:40
  license they do background checks.
• 2:38:43
  Doesn't matter really if it's deferred or not, it's going to
• 2:38:47
  be there. Not saying you will be precluded
• 2:38:49
  from getting your license, but you just made it harder because
• 2:38:53
  this is a considered a crime of moral turpitude.
• 2:38:56
  You understand. OK and does your sister live at
• 2:39:00
  home with your mom as well? No she doesn't.
• 2:39:03
  All right. The court is going to send it
• 2:39:05
  you to four years deferred adjudication.
• 2:39:07
  There should be regular reporting by zoom or in person.
• 2:39:11
  Regular random UAS probation after her initial reporting.
• 2:39:16
  If you all want to just do zoom since she has a child and she's
• 2:39:19
  in school, no OK. Shelter lives in Zavala County
• 2:39:23
  judge. OK.
• 2:39:24
  And where is Zavala? 2 hours from here?
• 2:39:27
  All right. And there's to be a is there
• 2:39:31
  requires a transfer? Miss Abrams?
• 2:39:34
  I'm sorry, I didn't hear where Zavala County.
• 2:39:37
  All right, there's to be a transfer to Zavala County.
• 2:39:41
  What city is that? Is it Zavala Vessel City?
• 2:39:45
  OK, so there's a be a transfer to Zavala County 120 hours of
• 2:39:50
  community service restitution. I'm going to order parenting
• 2:39:53
  classes. Once parenting classes are
• 2:39:56
  completed, 60 hours will deem satisfied.
• 2:40:00
  I'm going to order the the felony theft course.
• 2:40:04
  Once that's completed, the remaining 60 hours will be
• 2:40:07
  deemed satisfied and there's there can be regular random U
• 2:40:11
  I'm sorry, regular U as or either the patch.
• 2:40:14
  There's going to be proof of employment within 45 sorry 60
• 2:40:19
  days. No employment as a home health
• 2:40:22
  care provider or with minors. There's to be no contact with
• 2:40:27
  Heebner Oaks Shopping Center and the following locations.
• 2:40:32
  Academy at 2643 NW Loop 41078203, Alta at 11745, IH 10 W
• 2:40:45
  701-7820 three. That's the ZIP code.
• 2:40:50
  Victoria's Secret at 11745 IH 10 W northbound 78203 and Bath and
• 2:41:00
  Body Works at 11745 IH 10 W 78203.
• 2:41:10
  Fill visits once per month for two months.
• 2:41:14
  If they are, if they do fill visits where it's going to be
• 2:41:18
  $1200 fine, probated and Miss Abrams, the tap evaluation can
• 2:41:22
  be done out of custody probation.
• 2:41:25
  Is there anything else? Is there anything else you need
• 2:41:27
  from the court in order to be successful?
• 2:41:29
  All right, Did you review the document entitled trial Court
• 2:41:32
  certification of Defendants rights to appeal with your
• 2:41:34
  attorney? Did you understand it and sign
• 2:41:36
  it? All right, because this plea
• 2:41:38
  bargain agreement, because I followed your plea bargaining
• 2:41:40
  agreement and because you waive your right to appeal, you do not
• 2:41:43
  have the court's permission to appeal, Do you understand?
• 2:41:45
  All right, good luck to you. Make better choices.
• 2:41:49
  All right, And good luck on your schooling.
• 2:41:51
  Thank you. Okie Dokie friends, that does it
• 2:41:53
  for this morning, but we will be back tonight for sidebar. 8:00
• 2:41:57
  PM Eastern, 5:00 PM Pacific. Hang around as soon as I end the
• 2:42:00
  stream, YouTube will take you over there so you can set your
• 2:42:02
  reminder for tonight. And of course, we'll be back
• 2:42:05
  tomorrow, 9:00 AM Eastern, 6:00 AM Pacific for this very show.
• 2:42:09
  I hope you had fun today. I did.
• 2:42:10
  Thank you to everybody for your monetary support, your chats,
• 2:42:15
  your interactions, your likes, your everything.
• 2:42:18
  You're all the best. Look forward to seeing you soon.
• 2:42:20
  Have a great day, take care, God bless.