Latest / The Courtroom Files / March 12 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #248

Transcript

March 12 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #248 · The Courtroom Files

• 0:01
  Good morning everybody. Happy Thursday, welcome to TCF
• 0:04
  live. It is a very, very quiet start
• 0:07
  to the morning in Courtland. Yes.
• 0:09
  So I'm actually gonna start us with judge Middleton and a
• 0:12
  sentencing that he did yesterday.
• 0:15
  So we're gonna start in the way back machine, but you'll notice
• 0:18
  it's paused. Because before we go there, I
• 0:20
  want to show you something. You have been requesting it
• 0:23
  yesterday in the fit of rage of fixing everything.
• 0:27
  I made it happen. Ladies and gentlemen, the Ellie
• 0:30
  cam you'll notice she's currently sleeping in the bed
• 0:33
  down on the floor. So we can check in, on her from
• 0:36
  time to time. Now, the Ellie cam And yeah, she
• 0:40
  just moved. So you know what's live?
• 0:43
  Okie dokie. Let's get going judgment
• 0:45
  Middleton. Good morning.
• 0:51
  This is the time and the date for sentence about the better
• 0:56
  people or just Carl David Lockhart.
• 0:59
  File number is 26147 FY, are you Carla Lockhart?
• 1:04
  But I need to identify for the record.
• 1:08
  You're here with your lawyer, his Rhonda Ives Also president
• 1:13
  Matthew Huff from the probation department Abigail Stoll from
• 1:17
  the probation and from the prosecutor's office.
• 1:21
  This matter is complicated, the defendant was charged with
• 1:26
  domestic violence as a felony, third offense, or subsequent
• 1:30
  offense. It was reduced to domestic
• 1:31
  violence. Second offense and was scheduled
• 1:35
  for sentencing today, he pled guilty to Devi's, second on
• 1:39
  February 7th, The defendant is on probation to judge,
• 1:45
  Pattinson. In a malicious destruction of
• 1:50
  property case I believe is the underlying charge.
• 1:54
  For 24 months and filed 251367. This plea violates the probation
• 2:03
  in the underlying case and I believe we've discussed that at
• 2:07
  the time of the police. Mr. Lockhart, do you understand
• 2:11
  this? Plea would be a violation of
• 2:14
  your probation in the early probation, that was from
• 2:17
  December. Being convicted of an offence a
• 2:22
  criminal offense. While you're on probation is a
• 2:24
  quintessential violation of probation to understand that.
• 2:31
  And you're willing to proceed with sentence here today.
• 2:34
  Yes, sir. All right, now, let me give a
• 2:39
  little background and some disclosure here, I have
• 2:42
  exchanged emails and discussions with Mr. Hall, and stopped in
• 2:48
  this morning, to talk to me. Neither Council was present.
• 2:55
  We reviewed his probation stat of probation or status report
• 3:00
  and he has two incident reports from the jail.
• 3:05
  Rhonda do you have copies of those?
• 3:06
  I do not. I don't know who prepared them,
• 3:10
  but no one. I don't know.
• 3:12
  One sometimes to me. Well, I was just handed them a
• 3:15
  minute ago. Abigail, would you give these
• 3:20
  two Lord Frank. Lester.
• 3:29
  Heart is also been heavily involved in Mr. Lockhart as well
• 3:33
  as Tony are victim, I mean our better veterans coordinator.
• 3:40
  And we've run up, good answers. Know.
• 3:46
  Is it doing that thing again? Just a minute.
• 3:52
  Rhonda, tap your microphone. It's been doing a thing.
• 4:03
  We're just locks on me. We've got to put it on overall.
• 4:12
  Buy that at any rate. The defendant is presently on a
• 4:22
  probation to judge Patterson. He was. an earlier domestic
• 4:29
  violence were they attempted to get him into a Aftercare
• 4:35
  treatment program, but the defendant did 93 days rather
• 4:39
  than enter the program. Then he was placed on that
• 4:43
  probation and after he was released, he got arrested on
• 4:47
  this offense on January 29th. He has been in custody since
• 4:52
  January 29th. And the matter I think has 41
• 4:58
  days of jail Credit. In this case, Defendant is on
• 5:03
  Arianna probation to just Patterson.
• 5:06
  And when this case is completed, will probably be subject to a
• 5:12
  probation violation. And attempt to find a solution.
• 5:16
  This is a troubling case. In that it's the least the
• 5:21
  defense, third assaultive case. It was a serious assault on a
• 5:27
  complaint. Exclusive. and, It isn't the
• 5:36
  first one, I had one back in 2022.
• 5:40
  Mr. Lockhart is an intelligent, man.
• 5:44
  When I see him, he's always calm the two incident reports that
• 5:50
  Matt provided for whatever they're worth indicate that he's
• 5:54
  continued to be involved in a salted Behavior at the jail as
• 5:59
  recently as earlier in the month of March so, he is a Defend it
• 6:09
  without a clear solution. but, People are looking for one and I
• 6:19
  commend them for that. Besides, what would you like me
• 6:24
  to know? Man, worries reprogrammed has a
• 6:34
  new set of goals, and new outlook on late life.
• 6:39
  With skills, to address his substance abuse disorder.
• 6:44
  His own mental. Diagnosis which I will not stay
• 6:51
  on the record but the court certainly has the report in
• 6:54
  front of him or in front of you. You're honor so I think that he
• 7:00
  needs to be cognizant of all of these things that have impacted
• 7:03
  his life or the recidivism on this from Mr. Lockhart is, it's
• 7:09
  just not going to end. I just can see.
• 7:12
  I'm continually back before you're on or I was part of the
• 7:16
  case with judge, Patterson. I had been representing Mr.
• 7:20
  Lockhart up through the final sentencing and which she had I
• 7:25
  think attorney hardened took over at the sentencing because
• 7:28
  she had another file with Mr. Lockhart as well.
• 7:31
  So she completed that file but there's just I think giving him
• 7:38
  a six-month jail sentence. Doesn't necessarily help us at
• 7:41
  this point. He needs a program.
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  He needs a plan. And that's what I would add.
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  I know he's interested in and treatment.
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  He has been, he has indicated a willingness to go.
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  He was indicated a willingness to go on our last case.
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  Here's the problem. He got released.
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  And once released reverted back to whatever he had been involved
• 8:08
  with. And so here we are again, thank
• 8:11
  you. Well George, Patterson and tried
• 8:13
  to Fashion a sentence that he couldn't get out.
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  He had to go directly from jail to treatment but somehow The
• 8:22
  maximum was served, minus good time or something, and he got
• 8:26
  out and then here we are. Again.
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  Mr. Huff and I, for what it's worth.
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  Don't disagree with what you just said, easy thing to do with
• 8:37
  just give him 3, 6 5, I'll be retired by the time he gets out
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  and it'll be somebody else's problem. but, I'm afraid he's
• 8:58
  going to kill somebody. Or seriously hurt them. and I
• 9:04
  don't want to throw in the towel, I want to have some sort
• 9:07
  of a treatment option. Rather than just give up.
• 9:16
  Ms, stole you've inherited. This difficult case.
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  You have any input here. Well, Matt has a really good
• 9:31
  handle on this part of the problem.
• 9:34
  Mr. Lockard is. Some of your cases have been
• 9:37
  with me and some of them have been the judge Patterson.
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  At some time, just how things are assigned.
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  I have dealt with you back on Rock River Avenue and 22 maybe
• 9:48
  another case after that. I think I don't remember if I
• 9:53
  had the drinking driving case, you're just Patterson dead.
• 9:56
  So you're on a probation right now and file 251367 for 24
• 10:02
  months, that is a one year probation.
• 10:06
  I mean, one year, maximum sentence, So, I don't need to
• 10:11
  put you on another probation. You're already on one. and
• 10:15
  you've got about 270 days or so left in the one year sentence,
• 10:24
  Mr. Huff, you've got more insight maybe than anyone you've
• 10:29
  had a number of conversations or Lockhart.
• 10:31
  You did a presence report and the previous case you've been
• 10:36
  tracking this, you found the incidents from the jail.
• 10:39
  What's your input here? Well, you're on.
• 10:43
  I've been as Iris and of course we've all had some issue with
• 10:48
  Mr. Lockhart here. I feel like I've probably been
• 10:51
  his biggest Advocate over the last six years.
• 10:54
  He's been coming into contact with the courts with new cases
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  and I tried to work with in the past, on meeting rehabilitated
• 11:05
  goals. And unfortunately, we're moving
• 11:08
  in the wrong direction here. I'm very concerned that he had
• 11:14
  this new domestic violence within basically a month of
• 11:17
  being released the same individual, and it was a bad
• 11:21
  one. It's a bad case.
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  I'm concerned about the jail reports that I found out that
• 11:28
  this was going on in jail. I don't know the context, I
• 11:32
  don't know if someone's calling them names, I don't know if
• 11:34
  somebody's hitting it first. They reviewed the footage and
• 11:37
  they say that Mr. Lockhart was the aggressor?
• 11:39
  I don't know. I don't.
• 11:41
  That would that be said, I don't know that I'm right.
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  I just pulled a plug. This might be about as close as
• 11:47
  we can possibly get before the. There's just no consideration
• 11:50
  for probation anymore. but, if the courts and climb to give
• 11:56
  them a jail sentence here, And he serves that jail sentence
• 12:00
  without any sort of issue I would not, I would not object to
• 12:07
  his probation, continuing on the other file, and then maybe we
• 12:11
  can get a connected to some long-term rehab.
• 12:14
  If he does that, maybe he can get his life turned around, he's
• 12:17
  gonna have to come to terms with the fact.
• 12:19
  These going to be separated from his local environment from the
• 12:22
  people, he knows and loves, and he's going to have to just go
• 12:25
  out on a limb, take a step up a base being an uncomfortable
• 12:28
  environment, and and take full advantage of the biggest
• 12:31
  concern. I have right now.
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  If you were to be placed in a rehab center, a special one that
• 12:36
  is a relatively new resource for us that Guiding Light and Grand
• 12:39
  Rapids, is it? He's not ready to do that sort
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  of stuff, as indicated by these General reports.
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  We don't want to send them up there and then have that
• 12:50
  resource go away because we're sending bad referrals that are
• 12:52
  just causing problems. So that's its a concern.
• 12:55
  I don't know if that's what's going to be on, but it's just
• 12:57
  some of the things that factor into the into the equation that
• 13:00
  I think is worthwhile mentioning.
• 13:01
  But yeah, I mean ultimately, I'm not.
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  This is a bad case that deserves some sort of a consequence.
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  I'm I'm inclined to work with them.
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  If you can kind of clean up his act in the near future, he has
• 13:14
  the pending probation violation. That will be scheduled and I
• 13:19
  think that's all that. I have to offer the course
• 13:21
  today. All right, you may good point.
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  We're always looking for Placements, as Frank and others.
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  We've got a good working relationship with a number of
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  places Bear River. Some others.
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  I don't want to burn the bridge if we send Mr. Lockhart up there
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  and they Spectacularly fails. They might not take anybody else
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  from our County. I'd like to thank that.
• 13:51
  He would go there and be successful.
• 13:55
  Mr. Lockhart And there's a lot going on here.
• 14:00
  There's PTSD. there's probably a bipolar disorder or other mental
• 14:06
  health issues and earlier didn't really want to go into all of it
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  but Also, there's methamphetamine.
• 14:13
  Which it's hard sometimes to tell methamphetamine from mental
• 14:18
  illness and methamphetamine can trigger mental illness.
• 14:22
  And I think methamphetamines been in your background for a
• 14:25
  long time. and you throw an opioids, you were dealing in
• 14:29
  heroin and that didn't hopefully stick.
• 14:34
  But you got a lot of anger. You want to angry at guys?
• 14:37
  I've seen it in a while. So, what I see you, and when
• 14:46
  Matt talks to you you're intelligent measured.
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  You accept responsibility and all this stuff.
• 14:53
  I don't think you've denied any of it.
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  Even this most recent one you acknowledge of punched her in
• 14:58
  the face so you've accepted it ownership of it.
• 15:04
  But what do you want? You're on a treadmill that never
• 15:07
  turns off? So what would you like to tell
• 15:12
  me? Honestly I was thinking to just
• 15:18
  getting light was going to be pretty much my last effort in
• 15:20
  anything I transfer substance. Abuse counseling treatment
• 15:23
  Mental Health. I mean, the program at the end
• 15:27
  of it was even gonna help out with my housing.
• 15:29
  Yeah, unemployment. Yeah.
• 15:34
  Pretty good. I mean I've been dabbling in the
• 15:37
  Bible since I've been in jail and it was even Christian based
• 15:41
  I just want to be a daddy, you know, right through all this.
• 15:44
  I'd like to just be able to go back to boring, to be able to
• 15:47
  set up my couch and play video games and watch my kids like I
• 15:52
  don't want to be this. In and out of jail.
• 15:55
  Having my mom come here and seeing you do this whole time.
• 15:59
  Hello, those two playing video games and watching kids are not
• 16:02
  too compatible hockey. But whatever place a little bit
• 16:06
  so yeah. Well.
• 16:12
  Center Point is not a dead issue.
• 16:17
  One concern I had is if I use them all of Judge, Patterson's
• 16:22
  jail time, He doesn't have. Much time to work with.
• 16:30
  I think the way Matt and I calculated this, when I was
• 16:34
  thinking about my sense, he'll have at least 180 days or so to
• 16:39
  deal with. I'm going to order 90 days
• 16:43
  credit 41. That leaves 49 days to do, minus
• 16:51
  good time. In the meantime, this
• 16:54
  conviction, violates your probation.
• 16:56
  Mr. Office is going to file a professional violation petition.
• 17:00
  Then judge Patterson can see you at the end of this next 40 days
• 17:06
  or so, make a determination, whether presidential placement.
• 17:10
  Would be appropriate with. Jail home over the top of your
• 17:15
  head. So there's no sense for me to do
• 17:18
  another probation. I'm struggling with this since
• 17:22
  last week till I finally understood the whole
• 17:26
  ramifications of probationary on.
• 17:29
  So the fine is 0. I'm always the attorney fees as
• 17:34
  well. There's 125 dollars of minimum.
• 17:38
  Costs. Are two additional days.
• 17:43
  So 49 days, minus good time. Is approximately 40 or 42?
• 17:52
  Or so, that's certainly enough. Time to file the probation
• 17:55
  violation petition. Bring the matter back before,
• 17:59
  judge Patterson, Lauren at the jail is still plugged into this.
• 18:04
  This gives her 40 days probably gonna sell you do it the jail.
• 18:09
  I didn't like reading those reports.
• 18:11
  You can keep them. But one of them, they say you
• 18:15
  were bullying. Somebody else.
• 18:16
  And you were the aggressor and last very long on a residential
• 18:20
  treatment program that mindset And at some point if one of
• 18:27
  these happens, again, the prosecutors are not going to
• 18:29
  reduce it to a misdemeanor, they're going to hold the line
• 18:32
  and they're going to send you to prison.
• 18:37
  You want to be a dad and I think that would be best for all
• 18:40
  concerned. Do you care?
• 18:52
  Matt, whether he sees those reports I don't know if he's
• 18:54
  entitled to have those or not. I don't know.
• 18:56
  Because I mean I don't have any objection to it, he's gonna see
• 18:59
  them the eventually. I don't know if the jail has any
• 19:01
  policy on things that maybe the jail doesn't want them to have
• 19:05
  them but they allegations are that you can ask for them at the
• 19:08
  jail. Once you return them to Mr.
• 19:10
  Hoffman. You can share them with just
• 19:12
  Patterson and I will get a copy of them.
• 19:15
  Yeah, for you. I don't know.
• 19:19
  I, I don't even filed updated yet.
• 19:26
  Oh, I don't know, I'll be appointed or not.
• 19:31
  Jordan was on the sentence, in that case, I can get you. yeah,
• 19:39
  I would like Rhonda before you. Leave.
• 19:45
  Mr. Lockhart, you're good to go. I hope you can get some calm
• 19:49
  time at the jail and they can get you into a treatment
• 19:52
  program. We could alter the course of
• 19:55
  history. One of your old clients, Mr. Oh,
• 20:00
  hi. All right everybody.
• 20:03
  Good morning once again, TCF live on a Thursday.
• 20:05
  Thank you all for joining me. I hope you're off to a good
• 20:08
  start with your day. Great granny a little while back
• 20:13
  in the chat. I've lost it now.
• 20:17
  Oh, here it is. It's a moral question before me.
• 20:20
  Should I find Joy watching someone else's misfortunes that?
• 20:24
  Get them into a YouTube courtroom?
• 20:27
  Nah, they should just have not done the crime.
• 20:29
  Well, it's interesting that you bring that up because tonight on
• 20:32
  sidebar right here on this channel we're going to kind of
• 20:35
  talk about that very thing, streaming, Justice, transparency
• 20:39
  or exploitation, you know, judge Boyd, lost her seat because her
• 20:44
  opponent in the primary called out the fact that she streams
• 20:49
  her court and how that's not fair and all that kind of stuff.
• 20:52
  There's soft and a lot of weirdness going on and a lot of
• 20:56
  strong opinions. So that's what we're going to
• 20:57
  talk about tonight on side by 8 p.m.
• 20:59
  Eastern 5 p.m. Pacific right here on this
• 21:01
  channel. So check that out.
• 21:02
  And for those of you just joining, we have a new feature
• 21:05
  this morning because it was requested a lot.
• 21:08
  Come on, where did you go? There it is the Ellie cam.
• 21:11
  So when she sleeping next to me, we can now see that.
• 21:16
  In in beautiful 1080p action. So that's your co-host.
• 21:21
  She's giving up on you and gone to bed.
• 21:25
  Okie dokie. Let's let's get out of the way
• 21:27
  back machine and do live. We'll go to Allegan County
• 21:32
  Michigan. This is judge us.
• 21:40
  At that time, the Prosecutors Office requested.
• 21:44
  We set this for sentencing at a later date for crime, victim,
• 21:48
  rights purposes. And it's Pure Blairsville with
• 21:53
  us. Mr. Blair is is Tina.
• 21:55
  Caldwell president at your office or she filed any impact
• 21:58
  statement? She has not been communicated.
• 22:01
  She does not want any restitution around.
• 22:05
  And reviewing the file. The original pretrial
• 22:08
  conference, she did not contain any specific recommendation for
• 22:11
  sentences. So with that, Mr. Coldwell, this
• 22:14
  is your chance, that something anything you would like to for
• 22:16
  yourself and sing this morning. No.
• 22:22
  I had nothing. This will be on behalf of Mr.
• 22:26
  Caldwell. Thank you.
• 22:29
  Your honor, Mr. Caldwell has a strong support system in his
• 22:32
  family that have been helping him through a lot recently.
• 22:34
  He's running a lot of time with his brother spending time, with
• 22:38
  his mother who's in her late seventies, helping her around
• 22:41
  the house, she is in the hospital today and he's going to
• 22:43
  be a big help for her when she gets out.
• 22:45
  We would request minimization of fines and costs as Mr. Caldwell
• 22:51
  is on disability for under several several reasons.
• 22:54
  Additionally, malicious destruction of personal property
• 22:58
  is not considered a serious misdemeanor under MCL 780.811
• 23:02
  and therefore, there is a presumption under MCL 769.5 of
• 23:07
  non-jail and non probation sentence for those charges.
• 23:10
  Thus, we would request finds and costs only in the matter and
• 23:13
  would request minimization of fines and costs due to Mr.
• 23:17
  Caldwell's limited financial situation.
• 23:19
  Thank you. I'm discharge is $200 core cost
• 23:23
  for two dollars, State cost and fees 125 dollars for a total of
• 23:27
  525. Quartile shows, you release the
• 23:31
  Allegan County Jail, on a $300, personal recognizance fund.
• 23:34
  So, all of that is due, we'll put that up for payment over the
• 23:38
  next three months. Of course, staff will mail to
• 23:41
  you a judgment of sentence which will indicate.
• 23:43
  Just what I said, they received a sentence of no jail, no
• 23:46
  probation fines cost only. No restitution was requested and
• 23:51
  those being ordered and you have 90 days three months to take
• 23:55
  care of the finds and costs with that, you are free to hang up on
• 23:59
  the court for City this morning, expecting that the male good.
• 24:02
  Luckily sir. Thank you.
• 24:03
  Thank you. Yes, I can hear you kind of
• 24:29
  figure out how to turn my camera on real quick. it's one second.
• 24:37
  Sorry about that. Okay.
• 24:41
  Is that on now? Okay, is it on now?
• 24:59
  America on three separate files on people versus Sky, Thomas,
• 25:03
  Kenyan filed, 254319 SD file, 25432, 0, s t and file 254335, s
• 25:16
  t. All three of these cases are on
• 25:19
  a single citation that was issued by the elegant County
• 25:22
  Sheriff's Department on charges of operating well in toxicated
• 25:26
  second offense. Driving, while his driver's
• 25:30
  license was suspended and having a plate on the vehicle.
• 25:35
  That was not. Sign to that vehicle by the
• 25:39
  Michigan. Secretary of State's office,
• 25:42
  pretrial conference was held in this case back on January 16th.
• 25:48
  At that time, the defendant entered, a plea of guilty to the
• 25:51
  charge of operating while intoxicated second offense in a
• 25:56
  plea of guilty to the charge of driving while his license was
• 25:59
  suspended and he entered a plea of guilty to the charge of
• 26:04
  having unlawful plate upon the motor vehicle.
• 26:06
  He was driving while suspended and unveiled influences. we
• 26:11
  viewing his criminal background, I ordered a presence
• 26:14
  investigation in this case, And a substance abuse assessment as
• 26:19
  required by law for the operating, while intoxicated
• 26:21
  second. Offense charged.
• 26:24
  Both of those have been completed so we are able to
• 26:27
  proceed to sentencing this morning.
• 26:29
  His Fogle regarding the presets investigation.
• 26:32
  Have you reviewed that with Mr? Kenny and if so any additions to
• 26:36
  lesions or corrections to it? No you're on her and we we have
• 26:41
  reviewed it and we have no Corrections.
• 26:43
  Thank you. The original pretrial
• 26:46
  conference. She did not contain any specific
• 26:48
  recommendations for sentence. So Mr. Kenyan, on all three of
• 26:53
  these cases operating while intoxicated second offense
• 26:56
  driving. While your license was suspended
• 26:58
  and having an improper plate upon the motor vehicle.
• 27:02
  You were driving, this is your chance to tell me anything you
• 27:05
  would like to for your sentencing.
• 27:08
  I think everything's been covered already that I need to
• 27:11
  know. Thank you.
• 27:13
  So well on behalf of Mr. Kenyan, processing this morning, Thank
• 27:17
  you, your honor at the time of this incident Sky had been
• 27:20
  unemployed for a period of time and was feeling very depressed
• 27:23
  and aimless. He had been drinking late at
• 27:26
  night and he was talking on the phone with a young woman who he
• 27:31
  was interested in who wanted him to come over.
• 27:33
  It was the first positive thing to happen in his life in a very
• 27:35
  long time and he reacted without thinking, just trying to chase
• 27:39
  that feeling, you know, he never should have left the house that
• 27:41
  day, sky has a very strong connection with his community in
• 27:45
  Mount Pleasant. He enlisted in the Navy for
• 27:46
  three and a half years immediately following high
• 27:48
  school but he returned home after finishing his military
• 27:51
  service and has lived there ever since he has a strong family
• 27:54
  support system, made up of his mother father and grandmother
• 27:57
  who all live in that area and his family gathers, every
• 28:00
  weekend for Family Sunday, dinner's Sky, shared that these
• 28:03
  dinners are alcohol free and listed his family, as his
• 28:06
  strongest support system, his 17 year old son, also lives, 10
• 28:09
  minutes away from him in Mount Pleasant, and sky has a strong
• 28:12
  relationship with his son, who stops by to see him almost every
• 28:15
  day. In terms of a substance use
• 28:17
  history sky, has shared that on his prior owis.
• 28:23
  His BAC was very close to a 0.08 in terms of both prior charges,
• 28:27
  which obviously is still above the legal limit.
• 28:30
  But was, you know, very close to that level Sky, reported that he
• 28:35
  used to drink regularly on the weekends and would drink
• 28:38
  approximately six per six beers per occasion, but did not have
• 28:42
  an increase intolerance or used over that time.
• 28:44
  He successfully completed probation in the past after his
• 28:47
  first OWI and States sober through the course of Probation.
• 28:51
  And for a short time after he also participated in a long-term
• 28:55
  residential treatment program about two years ago where he
• 28:58
  stayed for approximately 45 days, he has been very committed
• 29:02
  to to a sobriety. He's had setbacks but he has
• 29:05
  been committed to to getting better.
• 29:07
  This incident was a huge wake up, call for Sky.
• 29:09
  Since that day, he started going back to 8 meetings with his
• 29:13
  brother. Who's been sober for 16 months
• 29:15
  and a great support for sky and his own sobriety Journey.
• 29:18
  At this point, he has not consumed alcohol since this
• 29:21
  charge and is resolved to stop drinking going forward.
• 29:24
  He is currently attending AA meetings about three times per
• 29:27
  week with his brother who provides transportation and
• 29:30
  accountability for Sky. He now has 70 days of sobriety.
• 29:33
  He also has a very strong employment history following
• 29:38
  high school. As I said, he enlisted of the
• 29:40
  Navy, served three and a half years after that.
• 29:43
  He spent six years working on oil fields in North Carolina,
• 29:45
  Pennsylvania and West Virginia. While living in Michigan,
• 29:49
  traveling around to these various States for work.
• 29:51
  He also ran his own drywall business for at least six years,
• 29:54
  and successfully managed a staff of six employees, while also
• 29:57
  handling, the day-to-day operations of his business.
• 30:00
  He now does work full-time again with significant overtime
• 30:04
  opportunity at Robinson Industries as an extrusion
• 30:07
  operator, which is a position position.
• 30:09
  He has held for about two months now and really enjoys.
• 30:12
  He works full-time as I Said and often worked over time, choosing
• 30:16
  to work extra hours on Saturdays and Sundays to save up extra
• 30:19
  money to move into his own apartment right now.
• 30:21
  He is still living with the he is living with his mother was a
• 30:24
  great support system for him, as I said, but he is excited for
• 30:28
  the chance to live on his own and take further control of his
• 30:30
  life. This job and his sobriety have
• 30:33
  given Sky A Renewed sense of purpose and pride and he is
• 30:36
  motivated by the great feeling of A Hard Day's work that he
• 30:38
  missed while he was unemployed and by his desire to be a
• 30:41
  positive role model for his 17 year old son.
• 30:43
  Finally, your honor driving while license suspended,
• 30:46
  revoked, or denied and unlawful use of license plate are not
• 30:49
  considered serious misdemeanors under MCL 780.811 and therefore,
• 30:53
  there is a presumption under MCL 769.5 of non-jail and non
• 30:58
  probation sentence for those charges.
• 31:00
  Thus under files 254335, s t, and 2543220 we would request
• 31:07
  finds and costs only in the matter for file 254319 SD in
• 31:13
  which sky is pled guilty to operating while intoxicated
• 31:15
  second offense. We would request the court.
• 31:18
  Impose. No more than the minimum
• 31:19
  required, five days of jail and that the court allow Sky to
• 31:22
  serve the minimum five days jail associated with this charge,
• 31:25
  through the weekend community service programs.
• 31:28
  So that sky is able to keep his job with Robinson Industries and
• 31:30
  continue. On a positive track.
• 31:32
  Thank you, honor. So Canyon as you probably know
• 31:38
  best you should be in Circuit Court being sent for a felony
• 31:42
  charge. Right now this is your third
• 31:44
  drinking and driving conviction and you're still here in
• 31:47
  District Court on a misdemeanor charge. the presents
• 31:51
  investigation shows you have a prior conviction for operating
• 31:54
  while intoxicated and the Have the court here any longer but in
• 31:59
  2017 a second conviction in 2022, this arrest was in 2025.
• 32:07
  So within an eight-year span, you had three arrests for
• 32:11
  drinking and driving. Offenses, for whatever reason,
• 32:14
  the officer, in this case, didn't catch that she wrote this
• 32:18
  as a misdemeanor for a second offense, the prosecuting
• 32:23
  attorney's office either. It didn't catch it or shows not
• 32:26
  to charge you as a felon. But again, you have three
• 32:32
  convictions Now with an eight-year span three in your
• 32:35
  life time for drinking and driving as a felony and for
• 32:38
  whatever reason, you're here being sentenced on a misdemeanor
• 32:42
  charge. So sir, you are now in a very,
• 32:45
  very, very, very small group of people here in Michigan, who
• 32:48
  have three or more drinking and driving convictions on their
• 32:51
  record, At the time you couldn't drive it off.
• 32:55
  As soon as you got behind the wheel period, you were breaking
• 32:59
  the law because your driver's license was suspended the car.
• 33:03
  You were driving wasn't a street legal either.
• 33:06
  So vehicle wasn't legal, you were legal to drive it and you
• 33:10
  drove the third time, wrong reviewing the presets and
• 33:15
  investigation. Again, it shows the same things
• 33:18
  I just mentioned and operating while impaired conviction. 2017
• 33:22
  and operating, while intoxicated second offense, conviction, in
• 33:26
  2022, possession of methamphetamine in 2023.
• 33:30
  Open, alcohol in a motor vehicle 23, a domestic violence.
• 33:35
  Conviction in 22, a second domestic.
• 33:38
  Violence kicked conviction in 25.
• 33:41
  And three unrelated misdemeanors for two of them for plate.
• 33:46
  Violations, such as you have here, and not having insurance
• 33:50
  on the motor vehicle. You have a prior conviction for
• 33:54
  a felony 7 prior misdemeanor convictions prior to this and
• 33:59
  now pick up three more. So you'll now have a total of 10
• 34:03
  misdemeanor convictions you've been on probation, it looks like
• 34:08
  over and over again. You were on probation in the
• 34:12
  75th district court in Midland. You were in probation to the
• 34:16
  76th district court in Isabella County again, on probation to
• 34:23
  the Isabella Circuit Court District Court.
• 34:25
  Looks like on your felony charge.
• 34:28
  You are on probation to the 21st Circuit Court.
• 34:32
  A couple of these were successful.
• 34:35
  One was revoked. So you've had a lot of
• 34:40
  government assistance, trying to take care of your looks like,
• 34:43
  bold, drug and alcohol problems. again, on this case, You have
• 34:56
  now a felony and 10 misdemeanor convictions.
• 35:00
  This is your third drinking and driving conviction.
• 35:03
  Again at the time you had no right to drive it all because
• 35:05
  your license was suspended. You live up in Mount Pleasant.
• 35:09
  I don't know what happened here. Only you do.
• 35:12
  It sounds like you got a call from somebody decided to come to
• 35:15
  Allegan County for Mount Pleasant.
• 35:17
  But I've just heard any event you were arrested on Christmas
• 35:22
  Day at. 3:45 in the morning here in Allegheny County and arrested
• 35:26
  on your third drinking and driving a fence sir, given your
• 35:30
  record, giving all the chances you've had before on probation
• 35:34
  and now have a third conviction for the very same thing.
• 35:39
  Here in County, clearly, you are a public safety risk because you
• 35:45
  can continue to drink and drive after having that type of a
• 35:49
  record and having all the services that have been
• 35:51
  provided. That sounds like all the things
• 35:54
  you've gone through on your own on.
• 35:56
  South of that doesn't sound like you're able to not drive after
• 36:01
  drinking which is all I'm concerned with the drug and
• 36:04
  alcohol use is between you and your own body.
• 36:06
  But when they get behind the wheel, And drive from Mount
• 36:10
  Pleasant down to Allegan, then it becomes a public safety risk
• 36:13
  and a public safety issue. so on this charge of operating, well,
• 36:18
  let's take it this way to try to be easier are the charge of
• 36:21
  driving while your license was suspended first On that chart,
• 36:25
  we'll post a sentence of fines and costs only on the charge of
• 36:29
  driving. While your license was suspended
• 36:31
  to find his court cost or two hundred dollars they cost and
• 36:35
  fees are 125 dollars for a total of 525.
• 36:40
  We'll put that out for payments over the next three months on
• 36:45
  the charge of having an unlawful plate.
• 36:48
  Upon the motor vehicle. You were driving while suspended
• 36:51
  Supply in Cross only on that shares.
• 36:56
  They are set of 195 dollars will also put that out for payment
• 37:01
  over the next three months charge of operating Wallace.
• 37:06
  Hawks located. Second offense will place you on
• 37:09
  probation for a period of two years and that will be with
• 37:13
  substance abuse counseling as directed by the probation
• 37:17
  department, standard condition of probation on those charge is
• 37:21
  that you're not possessed. Or consume any alcohol marijuana
• 37:26
  or legal Controlled Substances. Other than those prescribed to
• 37:29
  you, by a medical professional. They will have the authority to
• 37:32
  check you for that here at the probation department.
• 37:35
  Have you checked by the police at your home?
• 37:38
  And for the reasons as already stated on the record, I'm going
• 37:42
  to order a physical monitoring for alcohol.
• 37:44
  Consumption for the first month of the probationary period
• 37:48
  utilizing either scram or soberlink at the discretion of
• 37:51
  the probation department on this, charts, all require
• 37:55
  attendance at a Victim Impact Panel Your driver's license
• 38:00
  either is or soon will be gone for the next year because of
• 38:05
  your convictions. Specific condition of your
• 38:07
  probation is that you not operate a motor vehicle until
• 38:10
  you obtain a valid license to do.
• 38:12
  So from the Michigan Secretary of State's office.
• 38:15
  So, driving while on probation at all, would be a violation of
• 38:19
  your probation. The charge of operating while
• 38:22
  intoxicated second offense. The fine is 1,000 square cost
• 38:26
  her $400 State costs and fees are 125 dollars.
• 38:30
  There was a 720 oversight fee for that term of Probation and a
• 38:35
  100 dollar fee for the substance abuse assessment that was done
• 38:39
  for the court, for a total of 2000 and 345 dollars.
• 38:44
  Portfolio shows on the misdemeanor charge who released
• 38:46
  on a 500.00 personal recognizance Bond.
• 38:50
  So all of that is due. You will have the entire time on
• 38:53
  probation to pay that amount on a monthly payment plan set up
• 38:57
  through the probation. Department in charge of
• 39:00
  operating well on Fox located second offense and vehicle.
• 39:03
  A mobilization is mandatory we checked.
• 39:06
  There was no record according to the Secretary of State's office
• 39:10
  of the vehicle. You were driving which again
• 39:12
  just means you were driving a vehicle that wasn't street legal
• 39:15
  but we don't have any idea who the title owner of it was so
• 39:19
  accordingly in a mobilization order cannot be answered on this
• 39:24
  case. Probably Mr. Kenny, for the
• 39:26
  reasons has already stated on the record, I'm posing a jail
• 39:29
  term of 60 days in the Allegan County Jail.
• 39:31
  I'm showing credit for one day already served needs to report
• 39:35
  to the elegant County, Jail by next Friday, March 20th of this
• 39:39
  year at 3:00 in the afternoon. Or after that time events will
• 39:44
  be issued for your arrest. Will indicate that I have no
• 39:47
  objection to Mr. Kenyan. Having Work Release.
• 39:50
  If he qualifies out of the jails work release program.
• 39:53
  I'll also ask the probation department to set this for an
• 39:57
  internal review. The following Monday, March 23rd
• 40:01
  to verify that he's in custody at the Elegance jail on that
• 40:05
  date. Finally asked your probationary
• 40:08
  sentence report to advise you pursue the MCL 771.2.
• 40:12
  The URL eligible to be discharged at the halfway point
• 40:16
  of your probationary sentence. If you have completed all the
• 40:19
  terms and conditions of your probationary sentence at that
• 40:23
  time. So in your case, probation could
• 40:25
  be concluded in assume as one year sending your files on to
• 40:30
  our probation department at best time.
• 40:32
  They're going to contact you on the telephone to set up your
• 40:35
  probation order. What telephone number, can they
• 40:38
  reach you at this morning? A 989. so, in 9899, You are free
• 40:56
  to hang up from the court proceeding.
• 40:58
  Be available at the telephone number.
• 41:00
  You just gave us the probation. Department will contact you at
• 41:03
  that number shortly. Good luck to you sir.
• 41:05
  Thank you. Miss Pogo.
• 41:06
  Thank you. Once again, everybody.
• 41:10
  Good morning TCF live. It's Thursday Barbara.
• 41:13
  Thank you for the five dollar. Super Chat and thank you for
• 41:16
  gifting the five memberships. You say, Dan, glad he got things
• 41:21
  fixed, Dan is glad to I hate missing days, especially because
• 41:25
  of tech, but I've totally redone, everything, wrote some
• 41:28
  custom scripting, and we should have no further issues of that
• 41:32
  kind. Anyways, going forward, but I'm
• 41:34
  sure something else will break because that's how this goes.
• 41:39
  Let's change things up. We'll stay in Michigan.
• 41:41
  Let's go see what's going on with Brian Oakley. she's,
• 41:50
  Council zero blood test result in here somewhere.
• 41:54
  Yes. But all right, based on that.
• 41:58
  Hey. James yes, back accounts on that
• 42:01
  blood test result and what I've read in the report I can accept
• 42:04
  the plea to the Imperial driving charge.
• 42:05
  I will dismiss the original charge of intoxicated driving
• 42:08
  and the accompanying civil infraction.
• 42:12
  We've already got you on a personal Bond, I'll continue
• 42:14
  Bond, send you down stairs, to make an appointment with the
• 42:16
  probation department, and then we'll see each other.
• 42:18
  I don't know, four or five weeks.
• 42:19
  The three of us will talk about that report questions.
• 42:23
  Counseling, anything else? You have a great day.
• 42:28
  Name. Got it right in front of me
• 42:33
  Wallace. Do I need a prosecutor for this
• 42:37
  one? Do I need a prosecutor?
• 42:45
  Are we ready on will afford? Strata ready?
• 42:51
  Good morning Council, your appearance for Miss Miller Ford.
• 42:53
  Good morning Anna. Belcher on behalf.
• 42:56
  The defendant sir. Please state your name for the
• 42:57
  record. Good morning in the morning, I
• 42:59
  will first Good morning Council. What do we got here?
• 43:02
  We have a girl wild license, not valid, that was in warrant
• 43:07
  status. I'm asking for the warrant to be
• 43:09
  recalled. My client is in the process of
• 43:11
  trying to take care of his outstanding tickets so that he
• 43:15
  can potentially resolve this with a plea.
• 43:17
  I'm requesting another pre-trial date.
• 43:23
  Okay, so the playroom and I've got for guilty plea is going out
• 43:25
  the window. Yeah.
• 43:27
  Judge they they want him to plead as charged, our hope is
• 43:30
  and he's paid. I believe he said around 20
• 43:32
  years, you had me. Hello, I'm just confused by the
• 43:34
  paperwork. I'm looking at Leah is already.
• 43:41
  And I see that David Judge, Martin.
• 43:42
  All right, April. 23rd. What time?
• 43:44
  I'm sorry. Not That's a zoo.
• 43:48
  All right, you got that Mr. Wheeler for yes, sir.
• 43:53
  All right. We'll mail you a notice Council
• 43:55
  anything else today. No, not on this matter.
• 43:58
  Thank you. You're welcome.
• 43:59
  Thank you. Yes, you owe us money.
• 44:04
  I know. Are you working?
• 44:07
  No, not at the moment. When's the last time you worked
• 44:10
  last week? I'm going to return it back to
• 44:13
  work. I just got out of jail so that's
• 44:15
  why I'm not working. Okay, can you commit to some
• 44:17
  kind of regular payments, either weekly biweekly or monthly?
• 44:19
  Yes. Okay.
• 44:22
  How do you want to do it? How much, how often when can you
• 44:24
  start? Oh, by weekly.
• 44:26
  And I can start today or whenever You tell me today?
• 44:32
  How much? Well, I started over 100.
• 44:35
  You're sure a positive. All right, you're gonna do that
• 44:39
  online. Then, are you gonna come in I
• 44:41
  can either one. Say again, either one but I can
• 44:46
  do it online. However you want to do it.
• 44:48
  All right, I made a note, good luck.
• 44:50
  Thank you. Thank you.
• 45:05
  All right. What do we got today?
• 45:09
  Iran. I don't know that.
• 45:19
  I've seen the response. I don't think I've seen and it's
• 45:28
  not in the file. You have a copy if Let me have
• 45:33
  it. If you guys, if you guys just
• 45:35
  give me a few minutes, Yeah, sure.
• 45:40
  Let me, let me go through that and then we'll talk.
• 46:43
  System. But it.
• 46:57
  Pause in the action with judge Oakley.
• 47:00
  So let's go over to judge Simpson, he's just getting his
• 47:04
  day going. the right, is this the conflicts with and puts on
• 47:12
  the court, please hear all that or Corporates part.
• 47:16
  Also, there's not believe there's confidence in Michigan
• 47:19
  court. Rules are the cases decided,
• 47:20
  they're under two, they extended conflict.
• 47:22
  That's just giving away waivers to court will present here to
• 47:26
  manage. Court calls, the case of the
• 47:28
  people versus Evan Sherbert, we're going to be people.
• 47:34
  Good morning on assistant. Public defender was buckets for
• 47:36
  Mr. Schubert Who is a? Yes, sir.
• 47:41
  Can you state your name, please? And then Thank you.
• 47:46
  All right. I'm just pressing a German time
• 47:49
  to finish in negotiations with the people honor.
• 47:52
  And if are you, how long are you?
• 47:57
  It's going to be in the what are your Delta County?
• 48:01
  Delta County. It looks like he has a right
• 48:04
  now. It'll be till May 18th, but I'm
• 48:07
  hoping for earlier court date today, they extended out pretty
• 48:10
  far due to a different court case going up.
• 48:12
  But yeah, as of now, Said May, May 18th that okay?
• 48:20
  That's fine. It's March.
• 48:26
  Well. During the matter to April 9th.
• 48:37
  And we can get it resolved at that.
• 48:41
  That's 2026 timing. Thank you.
• 48:43
  Thank you. Thank you.
• 48:53
  For calls, okay. So the people versus aveanna
• 48:56
  Johnson And his people. Morning Hunter.
• 49:01
  Edward Ruka on Jensen. Okay?
• 49:05
  So Sarah, can you take your name?
• 49:08
  Johnson morning, young Like, thank you, sir.
• 49:12
  You gotta we've been a few different tactic with one more
• 49:15
  adjournment. We have wrap this up, I do.
• 49:17
  But communicate some additional offers to Mr. Johnson. if we,
• 49:23
  I'd asked for two weeks to Get the right probably cause
• 49:32
  conference and March 26th. 20269, a.m. thank you avianna.
• 49:40
  I have an appointment set up with you tomorrow.
• 49:43
  All right. All right.
• 49:45
  Thank you. People first Daniel Smith.
• 49:52
  Yes. And good morning.
• 49:55
  You're on our Lord. Jackie assistant public defender
• 49:57
  with and on behalf of Mr. Smith on in MDOC.
• 50:01
  But president he assumed Mr. Smith, could you say your name
• 50:04
  for the court? Daniel Scott Smith.
• 50:08
  All right, I have before me a play form.
• 50:10
  Is that what we're doing? Yes, sir.
• 50:13
  Play for me indicates that will be pleading.
• 50:19
  Guilty to two charges of use of a controlled substance both.
• 50:22
  One year offensive. those being counseling for upon his
• 50:26
  successful pleaded those churches counts one and two
• 50:28
  would be just That is a court will understanding of the
• 50:33
  agreements. Yes, that's the full
• 50:37
  understanding honor. We are going to request this
• 50:39
  part to consider same-day sentence, but it's not a part of
• 50:42
  the plea agreement. Well, why would I be kind of So
• 50:48
  he's incarcerated since 2023. This is an offense from
• 50:51
  September 2023. He's been he was arrested
• 50:55
  September 19th. So about a week and a half after
• 50:58
  2023 has been in prison ever since and he's gonna lock in
• 51:03
  prison, he said in advance substance use Street and
• 51:05
  classes. They find.
• 51:06
  All right. So Smith, can you raise your
• 51:09
  right hand to be sworn? You not only swear or firm
• 51:13
  testimony about to give will be the truth.
• 51:15
  The whole truth and nothing but spiritual help you get Yes,
• 51:18
  you're honor. All right, state, your name.
• 51:21
  For the record. Daniel Scott Smith.
• 51:24
  Sir, this is quartz understanding that you're going
• 51:26
  to be pleading guilty to two Chargers of use of a controlled
• 51:29
  substance. Those are misdemeanors on by up
• 51:33
  to one year incarceration and a 2000 prime plus court costs.
• 51:37
  You understand that? Yes, your honour.
• 51:42
  You also understand that while I'm taking your play, I would
• 51:45
  not be your sentence judge and you would be sentenced before
• 51:47
  judge fresh hour and 14 Age 3 District Court, you understand
• 51:51
  that? Yes, your honour.
• 51:54
  All right. Still wish to plead guilty.
• 51:58
  Yeah, sure. To the charge of use of a
• 52:02
  control. Substances contained in count
• 52:03
  three, how do you plead? Guilty.
• 52:07
  To that same charge as contained in counter.
• 52:10
  How do you play? Guilty.
• 52:13
  You understand that by pleading guilty, you will not ever trial
• 52:16
  of any kind. Yes. all right, you signed your
• 52:20
  head cause to be signed on your behalf and advice of Rights for
• 52:25
  Yes, sure. You have any question regarding
• 52:28
  those rights? No, I do not you're on her. you
• 52:31
  understand that you're waving or giving up those rights,
• 52:34
  including the rights that are containing paragraph, five,
• 52:37
  those being your trial rights, Yes, sir.
• 52:40
  You understand you're giving up your right to appeal up, right?
• 52:43
  Yes, sir. Are you on probation or girl?
• 52:48
  I know not currently. All right, has anybody promised
• 52:52
  you anything other than what's been stated here today on the
• 52:54
  record to get you played? No, your honor.
• 52:57
  Anybody threaten you or coerce? Know, you're honor.
• 53:01
  You're doing this voluntarily and of your own free will.
• 53:05
  Yeah, sure. Because you believe that you are
• 53:09
  indeed guilty of these offenses. Yes, you're right.
• 53:14
  On the day, September 9th, 2023 location of Gregory Road
• 53:21
  Webster, Township, Washington County state of Michigan.
• 53:24
  Did you have cocaine in your possession?
• 53:27
  Yes, I did. You also have fentanyl in your
• 53:31
  possession. Yes, I did.
• 53:34
  You use both of those drugs? Yes, I did.
• 53:39
  All right, and you knew that you were using cocaine.
• 53:43
  Yes. And you knew that you were using
• 53:45
  Fentanyl. Yes.
• 53:48
  Right? So I do have to advise you that
• 53:51
  you could make this conduct between the time low.
• 53:54
  Like acceptance of your please and the time of sentencing.
• 53:57
  That it misconduct is defined in Michigan court rules you would
• 54:01
  not be entitled to withdraw your plea and the court would not be
• 54:05
  bound by setting. So, evaluation recommendation,
• 54:07
  you understand that sir? Yes, your honour.
• 54:11
  So, you're aware of any of the promises threats or other
• 54:13
  induced into led to this place? No, yes, you're right.
• 54:17
  Well, you're not aware of any other promises.
• 54:20
  Are you sir? No.
• 54:23
  Okay? And have I complied with the
• 54:25
  forward? Would it be proper job?
• 54:27
  Just please? Yes, sir.
• 54:29
  Well accepted please guilty to counseling for California,
• 54:33
  dismissed present and reporters, 1483.
• 54:37
  Probation sentencing will be April 6th 2020.
• 54:43
  Six nine a.m. before judge pressure.
• 54:46
  Bond working. Thank you, sir.
• 54:49
  Thank you. because of the people versus What mama do.
• 54:56
  Yellow people, Mr. Yahoo Are you there?
• 55:14
  Yeah, I'm here. Okay, that's just Mr. Office
• 55:20
  trying to Mr. Diablo, was unable to meet with him.
• 55:23
  We are requesting in a German and go over his case. which,
• 55:31
  federal prisons where I, All right, Mr. Gallo Yes.
• 55:41
  What state are you being held in?
• 55:44
  I'm FCI Cumberland in Maryland. In Maryland.
• 55:49
  Yeah. Peru.
• 55:50
  Yeah. And so you're trying to you're
• 55:55
  trying to get through to him, that's just right, that's just
• 55:59
  so let's do this. Sir, are you gonna be there in
• 56:05
  the month of April? You think?
• 56:07
  Yeah, I'm not going over. Okay.
• 56:10
  All right. And let me give you some time to
• 56:14
  try to get to know during this April 9th.
• 56:17
  Doesn't 26 190. Thank you Josh.
• 56:21
  Thank you. All right.
• 56:27
  Thank you. Thank you, too.
• 56:32
  For girls, case of the people vs, Jessica Englund.
• 56:40
  If this. defend the next bucket and pairing on happiness,
• 56:42
  angling, who is now approaching you, please state your name for
• 56:46
  the record when you approach just gonna call Anglin.
• 56:48
  All right, 52, plea forms. Is that what we're doing?
• 56:52
  That's correct. The honest.
• 56:53
  All right, in the case ending and 5007.
• 56:59
  It's just core to understanding that she's going to be leading.
• 57:02
  To an guilty to an added account to abuse of methamphetamine.
• 57:06
  The one year fence on a successful created that charge
• 57:09
  account one would be messed. And the and actually, on the
• 57:15
  other case ending in 5008. Also, pleading debt to that same
• 57:20
  chart with count one being dismissed.
• 57:22
  That's the Court's full. Understanding a bigger.
• 57:24
  Yes. I have heard more.
• 57:29
  Raise your hands weren't from the testimony about truth of
• 57:35
  God. Yes, sir.
• 57:36
  Thank you, Jessica. All right, man.
• 57:44
  He's just going to be leading. Guilty to charges of Memphis.
• 57:50
  Yes, sir. Those are punishable by one
• 57:54
  year, incarceration, of 2000 prime plus court costs, you
• 57:57
  understand that? Yes, sir.
• 57:59
  Understand that while I'm taking play, I would not be your
• 58:02
  sentencing judge. And in the case ending in 5007,
• 58:05
  that you'd be sentenced before judge Ferry and in the other
• 58:08
  case, you'd be sentenced before junkyard.
• 58:10
  You understand that? Yes.
• 58:12
  Still wish to be guilty. Yes, sir.
• 58:15
  All right. To the charge of
• 58:18
  methamphetamine, has contained in the case 5007.
• 58:25
  Kirk in January of this year, how do you?
• 58:30
  That same charge. Contains in case five zero zero,
• 58:35
  eight. Occurring.
• 58:37
  And Penn State English in October 2025?
• 58:45
  How do you understand that? My cleaning Yoki, you will not
• 58:49
  have a trial of any kind, yes, sir.
• 58:53
  Cause to be signed or did sign an advice of rice Farmers.
• 58:56
  That correct. The point I talked about with
• 58:58
  you, right? That asked.
• 58:59
  Yes, Question regarding any of those right?
• 59:02
  Yeah, please look on the pony, my paragraph five.
• 59:05
  You'll see a copy of that. Those are your rights are part
• 59:08
  of a trial, completing guilty. You'll be giving up those rights
• 59:11
  as well as all the rights are there for.
• 59:12
  Yes. And can you giving up your right
• 59:14
  to a plumber? Oh, yes.
• 59:17
  Are you on probation or parole? No, sir, anybody promised you
• 59:21
  anything? Other than what's been stated
• 59:22
  here today to get you to, please?
• 59:24
  No, sir anybody threaten you or course you know doing this
• 59:28
  voluntarily of your own free will and because you believe
• 59:32
  that you are indeed guilty. Yes Starting in case 505007 on
• 59:43
  the date of January 14th, 2026 at the location of 449. 2nd
• 59:48
  Street sea, man. Arbor Washington County state of
• 59:50
  Michigan. Did you have methamphetamine in
• 59:52
  your possession? Yes, no, not really, but yet
• 59:56
  about to use it, all right? And you knew what you had was
• 59:59
  methamphetamine, I guess. On. the date October 6th 2025
• 1:00:10
  location of Wisteria drive and City ran over Washington County
• 1:00:14
  state of Michigan Museum. Yes.
• 1:00:18
  Have you used it on that day? Yes, sir.
• 1:00:21
  All right. Could you you know what you had
• 1:00:23
  in your possession was? Yes, I'm looking at now, look at
• 1:00:29
  the higher churches. The actual charge in this case
• 1:00:33
  and accepted her plate. Man, I do have to advise you
• 1:00:36
  that if between the time of my acceptance of your clean time of
• 1:00:39
  sentencing, if you commit misconduct, is to find it in
• 1:00:42
  Michigan court. Rules, you would not be entitled
• 1:00:43
  to withdraw, your plea. And inject would not be found by
• 1:00:47
  any sentence evaluation of recommendation.
• 1:00:48
  You understand that? Yes, sir.
• 1:00:50
  All right, Council. Are you aware of any other
• 1:00:53
  promises threats or other inducements which have led to
• 1:00:56
  this place? Okay.
• 1:00:57
  No, yeah. And have I complied with the
• 1:01:00
  quote? That's fine.
• 1:01:01
  The fantastic. Court will accept the
• 1:01:03
  defendants, the guilty and both of these cases.
• 1:01:09
  Now, two count, two. how one is dismissed, he said investigation
• 1:01:16
  and report is ordered, and in case five zero zero, seven
• 1:01:20
  sentencing will be March 27th, 2026 8:30.
• 1:01:28
  Before Judge Perry. And any other matter.
• 1:01:36
  March 31st 2026 90, mm before judge car work.
• 1:01:46
  And will continue if you. Happy that I put the sense.
• 1:01:57
  because people versus she, and he's in Better morning, but for
• 1:02:05
  the people, Solo, can you stay? Loser turning.
• 1:02:11
  Yeah. Russian.
• 1:02:16
  Good morning, Runner. Oh, okay, there she is.
• 1:02:19
  All right. Good morning, Miss rushing.
• 1:02:23
  Point. Mr. Olive, can you state your
• 1:02:27
  name? Yeah, I live All right, to the
• 1:02:33
  podium on behalf of Olive and I'm saying for her attorney at
• 1:02:37
  record Mr. Brandon Ms. That's permission.
• 1:02:40
  Is that correctness. What did you say?
• 1:02:46
  Did you remember me from last week?
• 1:02:47
  Okay, yes. And you're on her.
• 1:02:51
  Um, I am Mr. Bird is remaining on one matter.
• 1:02:53
  I do know that there was a substitution in on one of the
• 1:02:56
  cases and it was adjourned. So, we're asking to adjourn this
• 1:02:59
  matter, to whatever date that PCC was sent to.
• 1:03:02
  I think it's going to be put two weeks out.
• 1:03:05
  Here miss Olive. It's another one for Miss
• 1:03:09
  Oliver. You mean yes, she had two that
• 1:03:12
  were up for today. I believe that we are remaining
• 1:03:13
  on. Let me get the exact correct one
• 1:03:16
  and I can make sure that the Apologize.
• 1:03:24
  It's okay, Mr. Cook she is another yes, sir.
• 1:03:27
  So that's institution attorney about 0173.
• 1:03:30
  I've been formed by Miss Hall's father today that they intend
• 1:03:33
  apparently and retaining that attorney on her remaining case
• 1:03:36
  also. Got it.
• 1:03:42
  First 26 Clovis. Oh, okay.
• 1:03:46
  So it's probably two weeks out. I might have to support me.
• 1:03:49
  Believe it's March 26th. That's sounds correct.
• 1:03:53
  All right. Probably cause conference.
• 1:03:55
  In this case, then we'll be during the March 26th 2026. 9
• 1:04:00
  a.m. And we'll continue if for
• 1:04:03
  whatever reason we have those dates wrong, just kind of my
• 1:04:06
  staff and roll. Make sure that they match up.
• 1:04:11
  All right. Thank you.
• 1:04:13
  Thank you. Thank you.
• 1:04:14
  Miss Olive. Thank you.
• 1:04:20
  All right, everybody, we'll keep an eye on Judge Simpsons court,
• 1:04:23
  but let's go down to Florida weighed Mercer. the one kind of
• 1:04:30
  Grand Theft one kind of burglary of a structure, one count of
• 1:04:33
  criminal mischief, Ms, told there is probable cause for
• 1:04:36
  these three charges. And this tool monitor standing
• 1:04:41
  is you're already on state probation.
• 1:04:43
  So listen to the attorneys and we'll see where we go from here.
• 1:04:45
  Mr. Mitchell anything. Your honor for Warren hasn't
• 1:04:49
  been said and we request a seven-day.
• 1:04:51
  Hold for probation to send one in mixture McDaniel.
• 1:04:57
  Thank you. So, miss toll.
• 1:04:59
  Well, let me tell the attorneys this so I received a warrant
• 1:05:02
  request on Miss toll. Today Thursday, it must have
• 1:05:07
  been late Monday or late Tuesday after hours.
• 1:05:11
  I reviewed it. It was the same complaint,
• 1:05:12
  almost the same but the warrant was for burglary of a dwelling.
• 1:05:16
  It did, it said burglary, obviously.
• 1:05:19
  It's better if the officer says Burger obstruction Burger would
• 1:05:21
  do I think it just said burglary.
• 1:05:22
  But when you looked at the statute number, it was the
• 1:05:25
  burglary of a dwelling statute. And it was a second grip felony
• 1:05:29
  in the warm. So I rejected it and I said,
• 1:05:31
  it's either the complaints wrong or the warrants wrong.
• 1:05:34
  It can't be Burger obstruction in third degree, felony, at
• 1:05:37
  least not in these circumstances so I rejected it.
• 1:05:39
  So rather than getting the warrant amended it appears to
• 1:05:43
  just made a probable cause arrest.
• 1:05:44
  That's what I'm that's a gas on my part.
• 1:05:47
  So I went in this morning when I saw she had been arrested and I
• 1:05:49
  just dismissed or rejected that warrant because there's no need
• 1:05:52
  for Warrant now cuz I made a PC arrest.
• 1:05:54
  So Mr. I just bringing everybody up to date on where we stand
• 1:05:57
  man, but there is probably calls for what you're charged with.
• 1:06:00
  Now, the reason that's important is broken over dwelling is a
• 1:06:03
  higher degree crime than burglary of a structure.
• 1:06:05
  You're accused of going in someone's shed and selling some
• 1:06:08
  items. You're not accused of going in,
• 1:06:09
  someone's home. What I'm gonna do is show you
• 1:06:12
  the following bonds, ma'am, on the Grand Theft because you
• 1:06:15
  already on probation, you're going to be 10,000 dollars on
• 1:06:18
  the burglary of a structure. Your bond is going to be 10,000
• 1:06:20
  dollars on the criminal Mission. If your boss can be 5,000
• 1:06:22
  dollars, Miss tool your total bond is 25,000 dollars do not
• 1:06:26
  try to post it because I'm going to do what I do 99% of the time
• 1:06:30
  and that is I'm going to hold you for seven days.
• 1:06:32
  I want to ask Mr. Mitchell to notify, the state probation
• 1:06:34
  office of your arrest, gets the state probation office.
• 1:06:37
  Seven days to seek and obtain a warrant from the Circuit Judge
• 1:06:40
  on the vop and that judge Garcia judge Garcia will decide if
• 1:06:45
  you're going to get a bond in the video P.
• 1:06:46
  The vast majority of the time. If there's a Bop based on new
• 1:06:50
  fell and he charges, there's no bond.
• 1:06:52
  But if there's no warrant within seven days, I'm going to release
• 1:06:55
  that holding. You'll be free to post a bond.
• 1:06:57
  If there is a warrant, we'll see if it's got a bond on it.
• 1:06:59
  So you've got a bond, you new cases.
• 1:07:01
  You do not have a bond in the seven-day bosp.
• 1:07:04
  Hold you have any questions? Okay, they had me.
• 1:07:08
  Take a drug test this morning and I passed it.
• 1:07:10
  Is that what is it? Just because I have any charges
• 1:07:12
  that they won't get correct. I did I did let the attorneys
• 1:07:17
  know that you passed your analysis this morning and that
• 1:07:20
  is exactly right. The reason you're not getting a
• 1:07:21
  bond is because there's it appears you may have validated
• 1:07:25
  from your probation by getting new charts, okay?
• 1:07:28
  And So I talk with you because the investigators were going to
• 1:07:34
  my mom's house and asking about what was going on.
• 1:07:37
  And so, My answer, okay with it. They must there's so many to
• 1:07:42
  mention that first appearance, the investigator that I talked
• 1:07:45
  to told me to mention to y'all at first appearance to that I
• 1:07:49
  was cooperative or whatever. And That I would do, whatever I
• 1:07:54
  had to do to. He got his name, I think it was
• 1:07:59
  Burgess or Isabella's or something.
• 1:08:00
  And he said to mention his job first appearance.
• 1:08:04
  And I appreciate that that doesn't change what I'm going to
• 1:08:06
  do today. Now, that may make a big
• 1:08:07
  difference and make a big difference later on.
• 1:08:09
  Okay, so, don't don't talk about the case to anyone, but if you,
• 1:08:14
  if you've been Cooperative, that's something you, tell your
• 1:08:17
  attorney that and your attorney will talk to the state about
• 1:08:19
  that. And that is a factor the
• 1:08:20
  prosecutor and usually, the judge also want to know about.
• 1:08:23
  The other thing is, you do have a condition if you're ever on
• 1:08:25
  bond. In this case, have no contact
• 1:08:27
  with that property, don't go to that property.
• 1:08:29
  That that's your, where you're being accused of this crime at,
• 1:08:31
  okay? Have a good English.
• 1:08:33
  So we'll see you seven days. Nothing to give her notice for
• 1:08:36
  court date. That would be when it would be
• 1:08:38
  the seventh for both cases. So Corporal, Hornet, be able 7th
• 1:08:43
  at 8:30 on both cases, on you talking about both case, I'm at
• 1:08:47
  the vop or is the vop would also be the seventh since the new law
• 1:08:50
  violation is a felony. So we can't hear the VIP date
• 1:08:53
  until we get there. So just give her that the
• 1:08:56
  Sabbath please corporal. Then we have the vlp.
• 1:09:00
  When we see here, right now, the for April, the vop date matches,
• 1:09:05
  the No Name is a felony in a, he goes on the right phone, they
• 1:09:10
  arrange. It doesn't gonna be a p date.
• 1:09:12
  Correct? Because the VIP date for April
• 1:09:13
  is much later. Alright, thank you.
• 1:09:16
  We have Joshua cleaning next. Mr. Cleaning, good morning, Mr.
• 1:09:28
  Cleaning, you're here for first appearance, accused of four
• 1:09:30
  charges, the accused of possession of controlled
• 1:09:32
  substance develop a prescription resisting officer, without
• 1:09:34
  violence, possession of marijuana less than 20 grams in
• 1:09:37
  possession of drug equipment, which is also possession of drug
• 1:09:40
  paraphernalia. We should make any you want to
• 1:09:42
  be heard, we had a discussion about probable cause anything,
• 1:09:44
  open on the record nothing. Yeah, so, Mr. Cleaning.
• 1:09:47
  I want to find this probable cause for these four charges,
• 1:09:49
  although I think that they possession control substance is
• 1:09:52
  based upon a, what's called a residue amount.
• 1:09:55
  A residue means a small amount left and some type of
• 1:09:59
  paraphernalia or baggy or device for inhaling a substance.
• 1:10:03
  Sometimes a residue amount is not even enough to send to a
• 1:10:06
  lab. So typically the state
• 1:10:09
  attorney's office will make a decision on whether they're
• 1:10:11
  going to try to prosecute that or not.
• 1:10:12
  Someone consider that that allegation.
• 1:10:15
  When I set your bond that this may that that one fell in
• 1:10:18
  charge, you have main up going away, I don't know.
• 1:10:20
  That's not gonna be my call. That'll be the state's call.
• 1:10:22
  We'll see what they decide to do with it, but right now you use
• 1:10:26
  And felony in three misdemeanors.
• 1:10:28
  Let me listen to the attorneys and I'll set you a bond.
• 1:10:30
  I think you're entitled to one. As far as I can tell.
• 1:10:32
  Mr. Mitchell, anything goes here on.
• 1:10:35
  We just requested be subject to random uas.
• 1:10:37
  Thank you, Mr. McDaniel. Nothing but you're cleaning
• 1:10:39
  almost at your bond at 2500 dollars each.
• 1:10:41
  I'm gonna treat that felony charge as a misdemeanor because
• 1:10:44
  it does appear to be based on a residue amount.
• 1:10:46
  Yvonne is 2,500 times 4, that's 10,000 dollars, cash or Surety
• 1:10:50
  cash or Surety means. You can go through a bondsman.
• 1:10:52
  If you want to go through a basement, you have the right to
• 1:10:55
  do that. You'll get used a phone in a few
• 1:10:57
  minutes or to try to post a bond.
• 1:10:58
  You do have a condition random of your analysis because you're
• 1:11:01
  charged with the drug offense and Mr. Cleaning, I'm going to
• 1:11:04
  ask a jail to give you a notice for your court date.
• 1:11:06
  We're going to give you a notice for you fell.
• 1:11:07
  Only date right now because right now it's a felony, if it
• 1:11:10
  becomes a misdemeanor that will change your court date.
• 1:11:12
  Or right now, his court date will be win.
• 1:11:15
  April 7th at 8:30 Mr. Cleaning, do you have any questions?
• 1:11:20
  The best sir. Thank you yes sir.
• 1:11:25
  Next we have four cleaning. Mr. Cleaning, good morning, sir.
• 1:11:36
  You're here because you've been accused of one, kind of
• 1:11:38
  possession of Fire by or Ammunition by convicted felon.
• 1:11:41
  That's the second group fell only.
• 1:11:43
  One kind of engaging in criminal offense with a weapon which I'll
• 1:11:46
  come back to in just a second one, kind of possession of
• 1:11:49
  controlled substance without a prescription.
• 1:11:50
  That's also a residue of residual amount.
• 1:11:53
  It's not a it appears to be of a small amount in some type of
• 1:12:00
  baggy or smoking device and possession drug equipment, which
• 1:12:05
  is paraphernalia Mr. Cleaning, I believe Mr. McDaniel wants to be
• 1:12:08
  heard on probable, cause on the engaging and criminal offense
• 1:12:11
  with a weapon Mr. McDaniels like Craig.
• 1:12:13
  Yes. Just that is not.
• 1:12:15
  I mean, it's found under pillow. It was clearly he having his
• 1:12:18
  possession. My name is committing, some fail
• 1:12:20
  in the act of failing. Technically, qualifies as a
• 1:12:27
  caring, possibly the statue requires carrying.
• 1:12:30
  Yeah, the question is allegedly. It was under his pillow, not on
• 1:12:36
  his person. So that's the issue thing.
• 1:12:40
  Mr. Mitchell Well at the court decide on that but regardless we
• 1:12:46
  also request CD subject to random UA's.
• 1:12:48
  So Mr. Cleaning, I want to find no problems on the gauging and
• 1:12:52
  criminal offense with a weapon that statute says you've got to
• 1:12:54
  use this blade, threatening to use or carry a weapon.
• 1:12:58
  There's no allegation. You did any of those things.
• 1:13:00
  There's an allegation, you possessed a weapon by
• 1:13:03
  constructive possession. This is not a constructive
• 1:13:05
  possession, statute that you're accused of.
• 1:13:07
  So on that charge that charge on.
• 1:13:09
  I'm going to find no probable cause officer certainly has the
• 1:13:12
  right to have been that within 24 hours.
• 1:13:13
  If he or she wishes to regarding the other three charges there is
• 1:13:16
  probable. Cause unless you the following
• 1:13:18
  Bond, the possession of Fire by convicted felons, a secondary to
• 1:13:22
  the bond. In that case of 25,000 dollars,
• 1:13:24
  the other two Bond will be 2500 dollars each for the same
• 1:13:29
  rationale, like Express in your son's case.
• 1:13:32
  So, you've got a total Bond of 30,000 dollars and no problems
• 1:13:37
  in one charge, you've got a condition of random year
• 1:13:40
  analysis, Mr. Cleaning, I mean, you can be drug tested at any
• 1:13:43
  time, I'm going to ask a jail to give you a notice for your court
• 1:13:45
  date, which will be April 7th at 8:30 and you will get you the
• 1:13:49
  phone store in just a few minutes.
• 1:13:50
  Do you have any questions? I'm sure I wish you the best.
• 1:13:54
  We have Amanda, Hamlin. Next Chris Hammond.
• 1:14:05
  Good morning ma'am. First thing I need to do is get
• 1:14:07
  your name correct, because the complaint use a two names
• 1:14:10
  interchangeably. What is your last name?
• 1:14:12
  Ms? Hamlin, my last name on my
• 1:14:15
  license? Handling.
• 1:14:16
  Okay, the complaint says handling in places and in some
• 1:14:19
  places it says, handling slash Tucker or Dash Tucker Family.
• 1:14:23
  You're here because you've been accused of one kind of
• 1:14:25
  possession drug paraphernalia Ms. Hamlin, I'm going to point
• 1:14:27
  the pope. There's officer represent you
• 1:14:28
  and I'm gonna ask you to listen to Mr. McDaniel in this Mr.
• 1:14:31
  Meter allegation. You want to just listening and
• 1:14:36
  she said, 30 days in the county jail. 300 855 fine.
• 1:14:39
  One day, Joe credit and she has signed a Blue Wave one way,
• 1:14:42
  right? Thank you Mr. Matt Damon Mr.
• 1:14:46
  Mitchell's I agree with the state.
• 1:14:47
  It is your owner Miss. Hamlin.
• 1:14:49
  Did you hear that agreement? Yes sir.
• 1:14:51
  Do you have any questions about that agreement?
• 1:14:52
  Yes, sir man was that to play? You would like to enter the
• 1:14:56
  resolve this misdemeanor case. Yes, Sam, I'm gonna step your
• 1:15:00
  player, no contest to the charges possession.
• 1:15:01
  Drug paraphernalia judge you go to that offense and issue to 60
• 1:15:05
  that, excuse me, 30 days in jail, is the agreed upon Senate
• 1:15:08
  one day, credit 385 court costs and fines are imposed that'll be
• 1:15:13
  a civil judgment. If you don't get a word off at
• 1:15:15
  the jail, hope you'll get, it worked off at the gym.
• 1:15:16
  Is Hamlin, there's no probation involved in the sentence.
• 1:15:18
  You have 29 days left at most, the reason I say at most is hope
• 1:15:23
  you're going to do some get some games on and get out there
• 1:15:25
  little early with no probation. Missing.
• 1:15:28
  You have any questions? Yes.
• 1:15:31
  All right man, we wish you the best, thank you.
• 1:15:43
  Terms of your state. Probation, ma'am.
• 1:15:49
  I've got a copy of warning in front of me and it's a no bond
• 1:15:53
  Warren. It's been signed by the circuit
• 1:15:55
  judgment. So what I'm going to do this
• 1:15:56
  morning is I want to get you a rain.
• 1:15:57
  I want to get you a lawyer pointed to represent you.
• 1:15:59
  If you're asking for one family, want to have an attorney
• 1:16:02
  appointed, represent you Yes, sir.
• 1:16:04
  This will be listening to Mr. McDaniel my pointing that up and
• 1:16:07
  resolves to represent, you know, we're really not guilty.
• 1:16:09
  Yes, it doesn't April 23rd, Court, docket and advisor.
• 1:16:12
  There'll be a attorney that I speak with her part of that
• 1:16:13
  hearing. Mr. Mitchell anything.
• 1:16:18
  No, thank you both. So, miss Libby, the Publisher's
• 1:16:22
  office will speak to you before your court date, ma'am.
• 1:16:24
  And then you'll see judge Garcia on that date.
• 1:16:26
  You have any questions, you know, have a good day ma'am.
• 1:16:29
  Thank you, Andrea Bell. Icon.
• 1:16:40
  Because that's what she says that.
• 1:16:43
  She told us that the last quarter date.
• 1:16:44
  It should be on Dre. Mr. Bell, you have a hold from
• 1:16:48
  the Florida Commission on offender review that used to be
• 1:16:52
  called the Florida parole commission.
• 1:16:53
  I think we told you this may happen when I saw you.
• 1:16:56
  The first time they have filed a detainer on you.
• 1:16:58
  So you've got a bond in your local charges.
• 1:17:01
  You have no bond in this whole from the Florida Commission on
• 1:17:05
  offender review and they will be in contact with you at the jail.
• 1:17:08
  If they haven't done so already they have certain timelines.
• 1:17:10
  They have to follow within their system.
• 1:17:12
  Just be aware. You got some charged with a
• 1:17:15
  bond. You have another charged with no
• 1:17:17
  bond as of right now, any questions.
• 1:17:19
  Mr. Bell. I saw with no bonds to like the
• 1:17:22
  violation. Yes, yes.
• 1:17:24
  Okay. Okay.
• 1:17:26
  We should have been sir. All right.
• 1:17:29
  Now I think we're going to give him a coordinate in the fell.
• 1:17:32
  And is that right Corporal? Yes sir.
• 1:17:33
  We did. Perfect.
• 1:17:35
  Okay. I think I'm not sure it's been a
• 1:17:46
  while. I, you know, you said that
• 1:17:49
  situation. I think it may be 10 days for
• 1:17:52
  the time to hold his place on them.
• 1:17:53
  Do they have to the throne of the mission or the they don't
• 1:17:57
  call him broker's anymore that person when you call it.
• 1:18:01
  Ah, that person has to beat with him at the jail.
• 1:18:04
  Think it's 10 days from when the Holy place?
• 1:18:07
  I'm not sure. I'm not sure.
• 1:18:09
  I mean you don't ever see him or yeah.
• 1:18:11
  My God. How long do they only take to
• 1:18:14
  come see him. I've seen him to take some
• 1:18:15
  months. Sometimes come see him being
• 1:18:23
  pretty fast. I don't know what time it is.
• 1:18:26
  So thank you Corporal. That's everything I had on my
• 1:18:28
  list. Same thing up from jail.
• 1:18:29
  This morning. No sir.
• 1:18:32
  Mr. Mitchell anything from the state here?
• 1:18:34
  Are I just noticed that I was looking back?
• 1:18:36
  Do we need to bring Michael Eubanks up to address, the
• 1:18:39
  failure to appear that he had in his felony case.
• 1:18:44
  He's not even I think he's already been seen on that and
• 1:18:46
  he's got no bond on that. Yes, I've been seeing correct.
• 1:18:49
  Okay, I didn't know that. So no one shall make a charging
• 1:18:52
  decision on that. On the other.
• 1:18:54
  On the new cases will either sit on a dock or if you ask for a
• 1:18:58
  warrant will I get that route but I got you.
• 1:19:00
  Oh, nothing else, nothing else, Mr. Mike, Daniel anything else?
• 1:19:03
  So ladies and gentlemen, that concludes our docket for today.
• 1:19:07
  It's 8:40, friends. I'll keep an eye on the State of
• 1:19:10
  Florida to see if anything else pops up there.
• 1:19:13
  In the meantime, let's go back to Michigan, judge to Santo.
• 1:19:19
  All right, thank you for addressing very early report.
• 1:19:22
  The court does have before today, the sentencing for your
• 1:19:29
  client on his plea, to the property 2002000.
• 1:19:34
  Among the charge of large. P1000 to 20,000 as well as
• 1:19:43
  larceny 1,020,000 the rno in the last Larsen less than 200 were
• 1:19:48
  all dismissed by way of resolution between Council and
• 1:19:51
  council. Did you have an opportunity to
• 1:19:54
  review the report and recommendation with your client?
• 1:19:56
  All right. Are there any corrections that
• 1:19:58
  need to be made? All right, and then as to the
• 1:20:02
  recommendation and then we are asking to be sentenced under
• 1:20:06
  height up on the recommendation of the information officer when
• 1:20:10
  he has a few words to say to you, but just met just a
• 1:20:13
  Cordova. Can you give you a little bit of
• 1:20:15
  background of course? Okay, we have made restitution
• 1:20:18
  for restitution on the council. One and two, Mateo is going to
• 1:20:24
  be turning 23. In may he graduated from Saint
• 1:20:28
  Mary's Catholic sectional he or his associates degree from
• 1:20:31
  Henry, Ford College. He has a CDL license.
• 1:20:34
  He works full-time for Corrigan's.
• 1:20:37
  Sister Ann, Arbor, his employer is aware of the situation and is
• 1:20:41
  very, very supportive of Mateo. His mom is in the courtroom.
• 1:20:46
  His dad was a report for among prior proceedings.
• 1:20:48
  Parents are loving, but firm and All the rest of the attorneys
• 1:20:54
  fees, the court has everything is being paid for from Mateo
• 1:20:58
  savings account. He had been saving his money to
• 1:21:00
  move out of his parents house. Now, he won't be able to move
• 1:21:04
  out, because all that money is being spent on this criminal
• 1:21:06
  case and I can just tell you, you're on the one, I met him in
• 1:21:11
  jail in November he was filled with shame and remorse and
• 1:21:16
  embarrassment. This is not something that is
• 1:21:18
  consistent with Matteo's character.
• 1:21:21
  And so with that I'll have him say a few words to your brother.
• 1:21:23
  Okay. Thank you.
• 1:21:25
  I just personally feel apologize to court system for waste no
• 1:21:29
  time and energy to the victim for causing damage and
• 1:21:32
  properties stealing their property from embarrassing.
• 1:21:35
  My family through the police officers that night that I ran
• 1:21:40
  from making deal with the actions of me and my boat
• 1:21:43
  offended. I'd be regret my actions.
• 1:21:46
  It is not my character to steal or damage or run from law.
• 1:21:51
  Enforcement being intoxicated is not an excuse for running
• 1:21:54
  causing damage on harming the law.
• 1:21:56
  I'm in the process of learning the my mistakes, and we come in
• 1:22:00
  a better person. So this may never happen again.
• 1:22:03
  okay, I appreciate those words, sir and Just so you're aware,
• 1:22:11
  you know, when someone's here in front of the court, it's not a
• 1:22:14
  waste of time. We're here, right?
• 1:22:17
  We're here for whatever we have to be here for and if you have
• 1:22:23
  learned from this experience so that you're not going to repeat
• 1:22:27
  these behaviors again that it's 100% on a waste of time.
• 1:22:31
  Okay. Um, And I appreciate you word,
• 1:22:35
  sir, you may not be aware of how many individuals are. present
• 1:22:42
  for sentencing that have victims in their choose, not to say,
• 1:22:46
  Rich. on these a bit concerning for the court because then the
• 1:22:51
  court doesn't know what they are actually remorseful or not.
• 1:22:54
  Um, so let me just clarify one thing.
• 1:22:59
  Yes, the restitution was paid to.
• 1:23:02
  I believe it was Mr. Anderson. And Miss Williams.
• 1:23:11
  Miss and I and I say this because last Thursday The
• 1:23:16
  co-defendant, Mr. Quitter was sentenced.
• 1:23:19
  In that matter, this molt Mulk, I believe m o a k.
• 1:23:25
  She was one of the victims. But she had sent in an email
• 1:23:31
  indicating that she was requesting restitution.
• 1:23:35
  But I don't recall that she had a specific.
• 1:23:38
  So when you indicate Council that restitution is paid in full
• 1:23:41
  the restitution, that was known at that time.
• 1:23:45
  With Mr. Henderson, and Mr. Williams that has been paid in
• 1:23:49
  full, um, The representation of Mr. Mohammed, with the
• 1:23:54
  Prosecutors office was that the information they had?
• 1:23:58
  Was that there was no other restitution.
• 1:23:59
  That was big requested at that time, it wasn't until the
• 1:24:03
  communication came from my probation department to the
• 1:24:07
  victims per the crime, victim rights act that we were made
• 1:24:10
  aware that there was a third victim that was requesting
• 1:24:12
  restitution. So I only say that to say that,
• 1:24:15
  yes, the restitution that was known at that time for Mr.
• 1:24:20
  Henderson. And Miss Williams were paid for
• 1:24:22
  in full However, there may be additional restitution now that
• 1:24:28
  would be jointly and separately and with Mr. Cleaner as I
• 1:24:34
  indicated to Mr. Quitter. And that would be done after a
• 1:24:37
  restitution hearing, because we don't unless there's an amount
• 1:24:40
  that's been agreed upon, right? Because we don't know what that
• 1:24:43
  amount is, and we don't have that information yet.
• 1:24:45
  So I just wanted that to be obviously, for the records
• 1:24:49
  specified. You know, Mateo has
• 1:24:52
  responsibility and however, it plays out, we'll be fine with
• 1:24:56
  them. Okay, and so Mr. Mr. Hills, I
• 1:24:59
  again, I do appreciate that. You did apologize to the
• 1:25:05
  individuals while you're here in court, because Mr. Henderson was
• 1:25:09
  simply working another job so that you can get Christmas
• 1:25:12
  presents for his kids. And so then in the additional
• 1:25:16
  cost and expense of that, So, with all that being said, the
• 1:25:23
  court does find that there's reasonable grounds to
• 1:25:25
  Department. I'm still 769.5 baseball with
• 1:25:28
  the court is heard from Mr. Hill's.
• 1:25:30
  And for Ms, Prasad as well as reviewing the report in the
• 1:25:33
  recommendation. The court also finds that the
• 1:25:37
  following sentences in the best, interest of justice is
• 1:25:39
  reasonable proportion to the seriousness of the matter.
• 1:25:44
  Taking into account the circum. The circumstances surrounding
• 1:25:48
  Mr. Hills and legislative guidelines.
• 1:25:50
  The Court's going to order 24 months probation, you are
• 1:25:54
  eligible for early discharge and go over that shortly.
• 1:25:56
  You are also eligible under Haida.
• 1:25:59
  You are not violating any criminal law of any unit of
• 1:26:02
  government. You're not to leave the state
• 1:26:03
  without the consent of the court, you are to report.
• 1:26:06
  Truthfully to probation officer is often to probation officer,
• 1:26:09
  may be required. Whether in person in writing or
• 1:26:11
  virtually, you are to notify probation.
• 1:26:15
  Immediately of any change in address or employment status.
• 1:26:20
  You are not to use any alcohol or drugs, unless prescribed, and
• 1:26:23
  you have to participate random testing the rehabilitative goal
• 1:26:27
  for that condition. So the court can manage your
• 1:26:29
  progress and maintaining absence and sobriety.
• 1:26:31
  And sure it does appear for both you and Mr. Corner, that alcohol
• 1:26:36
  played a significant role in. The behaviors.
• 1:26:42
  The Court's going to order that you are to enroll at participate
• 1:26:45
  in athletes and substance use counseling.
• 1:26:47
  I understand that you currently are so you will continue with
• 1:26:50
  what you're currently doing. I'm not going to indicate your
• 1:26:52
  to find a different level, a different one.
• 1:26:54
  You can continue with what you're doing, the rehabilitative
• 1:26:57
  goal for that condition, obviously is so you can have
• 1:26:59
  continued assistance in providing coping mechanisms.
• 1:27:04
  So you can hopefully prevent this from happening again.
• 1:27:08
  You are not to have any contact with any of the victims.
• 1:27:20
  Fusion, the only other individual that we're aware of
• 1:27:23
  as I've indicated with this smoke, and then, that would be
• 1:27:26
  something for restitution hearing to determine the amount
• 1:27:28
  if that's what is but forth. I'm just stating that so you
• 1:27:35
  don't think that we're just going to take A statement that
• 1:27:42
  says, all I'm out, thousands of dollars and just say okay this
• 1:27:44
  is what you have to pay their house to be some supporting
• 1:27:47
  documentation for that, okay? Just as there was for the other
• 1:27:49
  two individuals and then you have to participate in making
• 1:27:53
  decisions class. So rehabilitative goal for that
• 1:27:55
  condition serves so that you can further understand consequences
• 1:27:59
  of poor decision-making. Hopefully preventing this from
• 1:28:02
  happening again. Okay.
• 1:28:04
  Do you have any questions regarding those conditions?
• 1:28:06
  I don't know. Okay. um, the Court's going to I
• 1:28:14
  don't remember except for I'm sorry.
• 1:28:17
  Can you please pull up Mr. Quitters Ace.
• 1:28:26
  Yes. Yes.
• 1:28:32
  Can you please tell me what I assess for his fine. on the
• 1:28:41
  mdop. 200 to 1,000. Yes.
• 1:28:51
  I'm sorry. She's okay.
• 1:28:55
  So I'll work backwards. What?
• 1:28:57
  I'm trying to do Castle. I'm just trying to make sure
• 1:28:58
  that they're young. It's the same here, okay?
• 1:29:02
  And then for count to the larceny.
• 1:29:07
  One house. And then count three, no
• 1:29:13
  attempt. Okay.
• 1:29:18
  So I'm just going to take me a minute here.
• 1:29:20
  I'm just gonna work backwards cancel my Italian, that the
• 1:29:25
  screening fee was 100 dollars. The oversight fee is 1200
• 1:29:28
  dollars. And victim assessment.
• 1:29:30
  They have 75 dollars. Justice system assessment via 50
• 1:29:33
  dollars. Prosecution $300.
• 1:29:45
  So do that include the restitution method did it?
• 1:29:52
  I don't think so because that was already paid.
• 1:30:10
  I'm missing something in there. Well, what is this?
• 1:30:16
  Show that the fine just the fine was assessed.
• 1:30:21
  Or forgot one. I want 1,000 and Would that be
• 1:30:31
  right in the first state parks in miscellaneous and economic
• 1:30:35
  body? Yes, let me see here.
• 1:30:50
  And drag assess 300 dollars for cost of prosecution or $400.
• 1:31:00
  Okay. I'm not sure.
• 1:31:10
  Okay, what does it show? Me see here.
• 1:31:13
  So if you go to the finest of Arizona Shelf, video is 1200.
• 1:31:34
  Miscellaneous was 4008. Okay, so that's where my
• 1:31:41
  difference was here. Okay?
• 1:31:44
  All right, what does it show the finest for account 2?
• 1:31:58
  Is 1,300.5 says Total Gym. So broken up cost was 15870.
• 1:32:04
  She was 75. Wait a second, what's that?
• 1:32:09
  1,735, oh 1000. Okay.
• 1:32:11
  Okay. The state cost 50.
• 1:32:15
  MLS was 275. all right, and then I'm going you seeing the 9400
• 1:32:36
  for count three. Three.
• 1:32:39
  Four. Five hundred.
• 1:32:43
  Okay, listening is was 200. Years.
• 1:32:47
  Okay. What's under the back of my 75?
• 1:32:51
  I think, but okay, all right, perfect, thank you.
• 1:32:53
  All right, so um, All right, so Council I just want to make sure
• 1:32:59
  I was keeping that balance between the two so the courts
• 1:33:04
  going to order and the count one 1,000 fine, one hundred dollar,
• 1:33:08
  screening assessment fee, 1200 dollars, supervision oversight
• 1:33:11
  feed that's fifty dollars. A month at 24 months.
• 1:33:13
  Since you're eligible for early discharge if they have of that,
• 1:33:16
  could be weight, 400 dollars to the cost and crime victim,
• 1:33:20
  assessment view of 75 dollars, just a system assessment, fifty
• 1:33:23
  dollars for 1285. That is a 1,000, fine, 200
• 1:33:32
  dollars for the cost prosecution.
• 1:33:34
  I didn't charge a screening or oversight fee because I just
• 1:33:37
  charged at an account one. 75 now, they're kind of assessment
• 1:33:40
  fee, $50 justice system, assessment fee for 12 1325. and
• 1:33:46
  then the last count of attempt, I know is 500 dollar sign. 200
• 1:33:56
  dollars that cost prosecution. Predicting assessment fee of 75
• 1:34:01
  dollars. Justice system, assessment via
• 1:34:03
  50 dollars. so 4,975 dollars between all
• 1:34:17
  three cases or keeping in mind that up to 600 dollars of that
• 1:34:21
  could be waived if you discharge early.
• 1:34:22
  Okay? So I know that's a large amount,
• 1:34:26
  sir. And you'll be stuck looking at
• 1:34:29
  home for a little bit longer. But many have you set up your
• 1:34:33
  payment plan but probation, okay?
• 1:34:34
  And as I did indicate your eligible for early discharge as
• 1:34:40
  long as all the following have occurred, you've completed at
• 1:34:42
  least half of your original term of probation.
• 1:34:43
  I'll probably should requirements of been completed.
• 1:34:46
  You've got at least three months without any violations and
• 1:34:48
  allies have been either, Payton full, or even if that return
• 1:34:51
  making full payment, Okay, any questions?
• 1:34:55
  All right. Go back to thank you, judge.
• 1:34:57
  Thank you. Good luck to you sir.
• 1:34:58
  Have a seat over and probation. Somebody will be with you
• 1:35:00
  shortly. Thank you.
• 1:35:01
  Thank you. So Thursday morning here at TCF
• 1:35:05
  live. Good to have you all with us.
• 1:35:08
  Hope you're enjoying your day so far, let's go down to Ohio Judge
• 1:35:13
  O'Donnell. Thank you.
• 1:35:19
  Thank you. So what you want to do?
• 1:35:22
  Yes, sir. What's your plea to the
• 1:35:25
  allegations? I'm guilty of everything that
• 1:35:28
  was said. It's time, is it?
• 1:35:36
  You think you're on our, um, we just like to ask the court today
• 1:35:39
  for any leniency in sentencing. And this speaking of Mister
• 1:35:42
  Madoc on my understanding, these cases are much older.
• 1:35:44
  He understands that as well, your honor he does suffer from
• 1:35:48
  drug use and mental health. Use her Mr. Maynard, he has been
• 1:35:53
  diagnosed with bipolar at the time of failing to appear for
• 1:35:58
  probation. He indicated, he was having
• 1:35:59
  issues with his bipolar medication.
• 1:36:01
  He was reaching out to Signature, Health, to try to get
• 1:36:03
  adjustments in that medication. Unfortunately was on successful,
• 1:36:06
  so he did take himself off the medication.
• 1:36:08
  So, we just like to ask for any leaning scene and sentencing
• 1:36:11
  today. Thank you.
• 1:36:32
  So maytech, what do you want to tell me?
• 1:36:36
  Have a second judge Donald. Sure.
• 1:36:41
  So last time I wrote you a 15-page letter and completely
• 1:36:45
  annoyed the crap out of you and how do you know you annoyed the
• 1:36:49
  crap out of me? Because it was mostly bulshit
• 1:36:51
  and I you could see right through it and you're a smart
• 1:36:53
  man and I know you could and that's why you We are here
• 1:36:57
  again. I lost my father, a couple
• 1:37:01
  months ago he was killed by a nursing home.
• 1:37:05
  I am on my own, I have my own place.
• 1:37:07
  I still work for Jack that the guy that you know, that I got
• 1:37:11
  this case from I work every day, I have my own apartment and
• 1:37:14
  Cleveland in my girlfriend, I've actually been doing really good.
• 1:37:18
  I've just, I was trying to save money.
• 1:37:21
  I'm getting money from a lost from a lawsuit, from my dad to,
• 1:37:24
  I was gonna come back to court and pay it.
• 1:37:25
  But that's neither here. Nor there.
• 1:37:27
  I don't want to waste your time anymore.
• 1:37:30
  This Court's time and keep dragging this on, this is 10
• 1:37:33
  years old. I haven't been in trouble since
• 1:37:34
  I haven't heard anybody. I have stolen anything, there's
• 1:37:37
  not one thing. I've done to the public, to
• 1:37:39
  prove that I'm a nuisance that I don't belong in the public.
• 1:37:41
  I mean, I, You know, I've been on it on and off for bipolar
• 1:37:49
  medication, some work, some hasn't and it's just, it's been
• 1:37:52
  a nightmare for me. But the real thing is, is I go
• 1:37:56
  to work every day. Sir, I don't cause anybody any
• 1:37:59
  trouble. I'm, I haven't obviously in 10
• 1:38:01
  years. I haven't got a new, you know,
• 1:38:03
  charge of stealing or theft or anything and That's honest, you
• 1:38:08
  got it's true. I if you're if you if you got
• 1:38:11
  that mental health condition, why why aren't you do something?
• 1:38:16
  Why don't you do something about it?
• 1:38:19
  Well, because I've been too scared because I haven't had an
• 1:38:21
  idea. I've had warrants, so I don't I
• 1:38:23
  thought that they would arrest me if I go to any place like
• 1:38:25
  that yet, but how do you think use a meth helps your mental
• 1:38:29
  health condition? It helps my, it's helped my
• 1:38:31
  ADHD. I used it in the morning.
• 1:38:33
  One time I take, I eat a little piece that I have, I don't sit
• 1:38:36
  there and snort the stuff all day.
• 1:38:38
  I don't sit there and go wild and get high and say it's
• 1:38:41
  nothing to do with that. I use it in a waistband.
• 1:38:43
  I don't know that, right? No, you don't.
• 1:38:45
  I can't possibly know that and I can't prove that right?
• 1:38:49
  I, I do know, one thing. I, I don't honestly think I
• 1:38:53
  deserve to To be I think I think letting me go today would be
• 1:38:58
  honestly, the fairest thing because I know you don't usually
• 1:39:02
  do that but I haven't heard it. I never do that. because that's
• 1:39:10
  You see? Sir it would, I'm sorry.
• 1:39:19
  Well. The prosecutor on your 17 case.
• 1:39:26
  And the public defender, both retired.
• 1:39:31
  A number of years ago. That's how old this thing.
• 1:39:34
  Yeah. So you know receiving On the
• 1:39:42
  17th case. Yeah, Jack was supposed to come
• 1:39:44
  here and actually tell you guys that those items were found, but
• 1:39:47
  that's neither here, nor there that doesn't matter today. and,
• 1:39:55
  you were giving you were giving intervention on that case which
• 1:39:58
  meant if you complied with the two-year plan.
• 1:40:03
  By August 19th record. Erase I wish I would have done
• 1:40:11
  that. I wish you would have done it
• 1:40:13
  too. I've always wanted to be a cop.
• 1:40:15
  That's been my old thing. My whole life, honestly. but so,
• 1:40:21
  So, we tried a bunch of treatment you disappeared and
• 1:40:24
  you hit this appearing. and, You get this other charge, which is
• 1:40:30
  a failure to appear because you kept disappearing, then he
• 1:40:34
  disappeared some more. It was due to my every
• 1:40:36
  placements and everything that happened, but that was all going
• 1:40:38
  on. Last time you were here.
• 1:40:40
  Yeah. Okay. and, we addressed that as
• 1:40:46
  best we could, and then I addressed the mental health
• 1:40:51
  stuff when you were here back in November of 23, And I did go, I
• 1:40:58
  did go, I was meeting with them and then that it just started
• 1:41:01
  giving me really bad nightmares and things were just okay,
• 1:41:04
  that's why? That's why you need to address
• 1:41:08
  it. Not just stop taking it and not
• 1:41:10
  show up. I mean.
• 1:41:13
  That's your biggest. That's I do want to work with
• 1:41:17
  somewhere honestly, I really do want to work with the facility
• 1:41:20
  and now that once I get out that I have my that I don't have
• 1:41:23
  warrants and stuff I able to go to a hospital and get my an idea
• 1:41:27
  and actually go and do these things.
• 1:41:29
  And that's, that's huge me, that's part of why I'm coming
• 1:41:32
  here and I'm saying, let's get this done because I want an
• 1:41:35
  idea. Again, I don't want to have to
• 1:41:36
  hide, I don't want to have to run.
• 1:41:37
  I want to be able to keep my apartment, keep my life, and
• 1:41:40
  they fail to go to and get a clinic.
• 1:41:42
  And get, I'm not here to cause anybody trouble.
• 1:41:44
  I'm not here to hurt anybody else in the public.
• 1:41:47
  I just want to work and make a life like my father and
• 1:41:49
  everybody else. You you wasted a good At least a
• 1:41:54
  good name years more than that sir.
• 1:41:56
  Well I know that at least a nine years you've been coming here
• 1:41:59
  and this completely wasted time my grave.
• 1:42:02
  I been grieving my sister since its half my life has been
• 1:42:07
  wasted. I don't want to waste the more.
• 1:42:08
  This is the chance for me to get my ID and I can actually go and
• 1:42:12
  get help in the things that I need.
• 1:42:13
  And I wish there was a way. I could prove that, you know,
• 1:42:15
  that you care, you know? Honestly listen.
• 1:42:19
  Yeah. I just want to show you that you
• 1:42:21
  know, you ever wished your time that I can be a member of
• 1:42:24
  society and I'm not gonna screw up anymore, but that that's up.
• 1:42:27
  That's completely on you. I just don't have a dad and turn
• 1:42:33
  to have no family. They were all just, you know,
• 1:42:36
  killed that you're somebody that I look up to and I'd love to
• 1:42:41
  show you what I have built rather than you know they I'm
• 1:42:47
  just a screw up and Nothing. I mean not having my dad here
• 1:42:52
  right now. It's hard enough for me
• 1:42:53
  honestly, it's I haven't even. I'm actually in the process of
• 1:42:57
  bearing him right now. He hasn't even buried yet.
• 1:42:59
  That's part of the main reason why I really really really you
• 1:43:03
  know how I close I was to my father and my family and that's
• 1:43:07
  the main reason I'm asking to just to be dismissed him, like
• 1:43:10
  goes so I could be with him that that very him that he was killed
• 1:43:15
  by the nurse at home and Euclid and that's, I just want to be
• 1:43:21
  able to bury my dad. And get help and do these
• 1:43:25
  things. And I have my own place, I'm not
• 1:43:27
  going out into me and my girlfriend, both lived there, I
• 1:43:30
  worked for Jack. I'm still in the same, I haven't
• 1:43:33
  none of that has changed. Do you still up off the same?
• 1:43:36
  Clear, no sir, I have been. My address is 4172 Rocky, River
• 1:43:42
  Drive, Cleveland, Ohio, 44117 or no.
• 1:43:45
  I'm sorry for. You used to live up by Sinclair.
• 1:43:48
  Would you work there? Sinclair off around 185th up
• 1:43:53
  there. Oh that's my boss does Jack
• 1:43:57
  James, he works. He doesn't let it go anymore.
• 1:43:59
  He's in charge. But there would be nothing
• 1:44:08
  better in this entire world's me right now to be able to go very
• 1:44:11
  my father and get help and get an ID.
• 1:44:13
  And be done with this. I, you know.
• 1:44:17
  So what what has stopped you in the past from doing that?
• 1:44:21
  So in the past two years what stop you've been doing that me
• 1:44:24
  getting an ID and not and having to hide and run and I've just
• 1:44:27
  been working. Well you were you were hiding.
• 1:44:29
  Why? Because I was scared of this day
• 1:44:33
  yet. Here you are.
• 1:44:41
  I never thought these things would come about like this and
• 1:44:43
  never thought my dad would be killed.
• 1:44:44
  I just I don't want to be in prison and he was when did your
• 1:44:49
  dad die? A couple months ago.
• 1:44:53
  And and how old was he that time, 76ers?
• 1:44:57
  Well you certainly knew that time was coming sometime, right?
• 1:45:01
  I mean everybody dies, he was in really good health over each.
• 1:45:07
  But then that happens. And so question is, what do you
• 1:45:10
  do? Where do you go from there?
• 1:45:13
  Well, I have, there's a lawsuit against a nursing home, but I
• 1:45:17
  just love, regardless of the lawsuit velocity that works, or
• 1:45:20
  it doesn't work. Okay?
• 1:45:21
  Showing him that I can do the right thing, but whether it
• 1:45:25
  Whether it results in some. Vindication for, for you.
• 1:45:32
  Because of what happened. It may or may not.
• 1:45:36
  Whatever way it goes, you still got to move on.
• 1:45:40
  I mean, and that's why I'm not really my life if it doesn't
• 1:45:43
  work out. And then, what are you gonna do?
• 1:45:46
  You gonna go to like a, like a meth depression or what?
• 1:45:49
  No. That's what I did with my
• 1:45:51
  sister. I ruin my life.
• 1:45:52
  When my sister passed away, I screwed up.
• 1:45:54
  I when she got killed, I, I did a lot of dumb things with this.
• 1:45:59
  I, if I have an idea right now, I'm going to get medication,
• 1:46:02
  not, I can promise you that I could wear medication.
• 1:46:06
  So what I'm going right back to Signature Health, if I got out
• 1:46:09
  of here today, right now, if you said we're done with this
• 1:46:12
  instead of going home right now, I'm going my first.
• 1:46:15
  My first place is going to Signature Health, to get signed
• 1:46:18
  back up so I can get medication. You got to understand something.
• 1:46:22
  Sitting here. That this isn't this if you were
• 1:46:27
  if you were on probation and Kyle, the county, I guarantee
• 1:46:30
  you that they would terminate your probation right now and
• 1:46:33
  you'd walk out the door and go out with your life without
• 1:46:36
  having any probation. Okay?
• 1:46:38
  That's, that's a certainty. I would rather be back on
• 1:46:41
  probation honestly but it don't I don't do that because Then
• 1:46:47
  what what is any? What?
• 1:46:49
  What have you accomplished? What is the system accomplished
• 1:46:53
  by rewarding you for consistently not showing up?
• 1:46:56
  Because because nothing has been solved.
• 1:46:59
  Okay, you still have the metal health condition that is on
• 1:47:02
  treated, And now you're you're on top of that, your piling on
• 1:47:07
  the map. and, I can't imagine a worse combination than not being
• 1:47:13
  treated for bipolar and use a meth.
• 1:47:17
  And here, like Ricochet Rabbit off every wall.
• 1:47:21
  I don't I go to work every single day.
• 1:47:23
  Sir. That's okay.
• 1:47:24
  Except I know. None of us.
• 1:47:27
  Jackson told you before though. Okay, I haven't seen you in two
• 1:47:31
  years. That's true, that's true.
• 1:47:32
  So Sir, I would go right now, today, right?
• 1:47:37
  To Signature Health, not to get meth and I would go, I would get
• 1:47:40
  the medication that I need. I and I'm not just saying this
• 1:47:43
  to get out of jail, I'm saying this because I want a life, I
• 1:47:45
  don't want to be able to bury my dad, Burying my dad right now is
• 1:47:49
  the only thing I want to be able to do if you want a life and,
• 1:47:52
  and it's up to you to create the life.
• 1:47:55
  Regardless of what I do. Yeah.
• 1:47:57
  I mean right now. You got?
• 1:48:01
  Two fees and enough for. So right now I can give you 42
• 1:48:08
  months. With credit for what, nine
• 1:48:12
  months, 10 months, something like this?
• 1:48:15
  And you have them 32 months to do.
• 1:48:19
  And then and then at some point you get out and you determine
• 1:48:23
  what you're going to do with your life.
• 1:48:28
  It's a matter what? See, nothing I've done in nine
• 1:48:32
  years is mattered. I've had, I've had no effect.
• 1:48:39
  Your daily life. Because you've you've done
• 1:48:42
  whatever you want to do. And end up in.
• 1:48:48
  Kentucky and where, okay, that's the only place I can see for
• 1:48:51
  sure that you've gone. Because that's where they
• 1:48:54
  graduate and that was a nightmare, right?
• 1:48:56
  It was so, it was. Now when you were here when you
• 1:49:02
  were here, after you pled guilty on this Failure to appear and I
• 1:49:08
  sentenced you you talked about in that presents report, what a
• 1:49:11
  nightmare it was and how you would never do that again.
• 1:49:14
  You're going to comply with everything because you don't
• 1:49:16
  want to be put in that position again.
• 1:49:19
  I just wanted out of jail every time and I wanted to not be on
• 1:49:22
  probation, and do I just wanted I Sir.
• 1:49:28
  I know one thing if I if there's anything else going on right
• 1:49:32
  now, I don't want to lose my place.
• 1:49:33
  I worked hard to get it and that means more to me than any drug
• 1:49:36
  or anything else. And I don't, I don't want to
• 1:49:39
  lose not being able to bury my father.
• 1:49:41
  I mean, I have to make what be on that.
• 1:49:45
  I want to be sober and not do anything that that's like a huge
• 1:49:49
  thing to me and I can't, I don't need anything, I just been so
• 1:49:52
  messed up with all these all these courts and warrants stuff.
• 1:49:55
  I don't I what was reminding me because it's been so long.
• 1:50:00
  Yeah. You had a breaking and entering
• 1:50:03
  and a receiving on that 17 case. Yes, what were the facts of
• 1:50:07
  that? It was the weed.
• 1:50:08
  Wacker was my boss's weed. Wackers, he didn't pay me for
• 1:50:11
  plowing for four months and I took I needed.
• 1:50:14
  You got into his were every store to stuff and took it.
• 1:50:17
  I was yes. Yes.
• 1:50:20
  Long story short. I supposedly I took the two lead
• 1:50:22
  whackers. And supposedly.
• 1:50:24
  I sold one of them after he didn't pay me for four months
• 1:50:27
  and that's where we started at. And what involvement did drugs
• 1:50:32
  have in that? Not, that was not that had
• 1:50:36
  nothing to do a drugs. That was me.
• 1:50:41
  Not getting paid for plowing. because I plowed for him for
• 1:50:44
  four months straight and he didn't pay me once during that
• 1:50:47
  time, If you could once go against
• 1:51:08
  everything, that you probably would normally do.
• 1:51:10
  And let me, I asked her what I normally do.
• 1:51:13
  I don't, there is no normal. It was completely have normal
• 1:51:17
  this place. No, I know it's Zoo here, but so
• 1:51:22
  I mean if you could love me very my dad and you you have you're
• 1:51:27
  right about one thing. Okay.
• 1:51:33
  You haven't? Apparently haven't committed any
• 1:51:37
  crimes anywhere else. Because sure, as shit, if you
• 1:51:40
  did, you'd get caught. I'm not this part of criminal, I
• 1:51:48
  guess you could say. I haven't I haven't and I I'm
• 1:51:51
  not a threat in any way to society.
• 1:51:54
  You're a pain in the ass to society, okay?
• 1:51:59
  No, just to you sir. I'm not sure that.
• 1:52:05
  I, I would never steal from somebody.
• 1:52:08
  Again, I learned my lesson on that out of anything that
• 1:52:10
  happened. I learned I would never touch
• 1:52:13
  another thing in my entire life. I wouldn't take a pic after
• 1:52:16
  that. After dealing with all that, I
• 1:52:17
  wouldn't take a pack of gum. It Dad that did teach me a
• 1:52:21
  lesson on that part. That would never just steal.
• 1:52:25
  I'm not a threat to any public at all.
• 1:52:31
  Been any sort of way. When did you get arrested on
• 1:52:36
  this thing a couple of weeks ago, where how did that happen?
• 1:52:40
  I was driving my dad's vehicle to one place to another.
• 1:52:50
  That was moving some furniture into my place.
• 1:52:54
  Some more furniture. Without a license like an idiot.
• 1:53:00
  And I tell you to get a license. Know, I couldn't go with so with
• 1:53:08
  having warrants. Why don't you have a license?
• 1:53:11
  Because the orange thing, What else?
• 1:53:15
  What are the reasons? Don't you have a license?
• 1:53:17
  There would be no other reason, right now, if I had no warrants,
• 1:53:19
  I'd go, right and be able to get my license.
• 1:53:22
  Well, the warrants not stopping me from getting a license,
• 1:53:24
  right? Yeah.
• 1:53:25
  Because all the rest me on sight, if I go to try to get a
• 1:53:28
  ID. That is literally, the only
• 1:53:33
  thing I will have my license. In days if I was able to get up,
• 1:53:37
  when's the last time you had a belt, please places 10 years
• 1:53:41
  ago? you know, the original crime
• 1:54:00
  that I committed here, And the original thing.
• 1:54:05
  Is stealing and I learned my lesson on that.
• 1:54:09
  I absolutely 100% learned what is not, right?
• 1:54:12
  I'm not cause I'm know, as you can see, I'm no harm to public
• 1:54:17
  men. And any sir, I don't mean to
• 1:54:19
  say, man, I I'm no harm to public.
• 1:54:22
  I just want to go about my life and live at the right way and I
• 1:54:26
  know how to do that. It just this whole core thing,
• 1:54:29
  and being tied to its just It's twisted my head backwards.
• 1:54:32
  I finally got my own place. I just want to bury my father
• 1:54:36
  and go about that. And you'll never see me again in
• 1:54:40
  the score. I mean, oh, you'll never see me.
• 1:54:43
  Those are the famous words. You'll never see me in like
• 1:54:46
  counting again. That's for sure.
• 1:54:47
  Well, shit, you were right about that because I didn't seen you
• 1:54:51
  for two years, right in Lake County.
• 1:54:54
  I learned where to stay away from sir.
• 1:54:55
  I know stayed away from here, we stayed away from probation
• 1:54:58
  department. I scared shitless of any of
• 1:55:00
  them. Okay.
• 1:55:06
  This stuff is scared me. The death of me.
• 1:55:08
  I don't belong in prison. I'm not a person that should go.
• 1:55:12
  I Don't. I just don't want to lose my
• 1:55:19
  place and everything. I have worked for because I
• 1:55:21
  don't have anybody to rely on now or jump back on and I'll
• 1:55:24
  have my dad. I don't have my mom, my sister's
• 1:55:27
  dead, I don't have anybody, it's just me and This will rack
• 1:55:33
  everything that I have tried and this will put me in a bad spot
• 1:55:36
  then and well of course it will prison puts everybody in a bad
• 1:55:39
  spot. Some people get out of that bad
• 1:55:43
  spot. Some people don't. but, Believe
• 1:55:48
  me. And anybody who I send a prison
• 1:55:51
  here. Or you can believe her or even
• 1:55:54
  believe her. Certainly his earned.
• 1:55:57
  That those prisons stripes. Okay, yeah, there's that.
• 1:56:01
  I don't send people their lightly I understand.
• 1:56:12
  All right, I'm going to continue your community control. 10 days
• 1:56:18
  in jail. Let me see, have on this seven.
• 1:56:25
  Oh my God. With credit for five.
• 1:56:36
  You're gonna, you're gonna you're gonna go to signature?
• 1:56:41
  And get involved in the Dual diagnosis program.
• 1:56:44
  You're going to follow the recommendations.
• 1:56:46
  Should I hug you? I'm serious sir.
• 1:56:49
  Could I hug you or give you a bad Shake something?
• 1:56:52
  No, No hugs going. Well, I know it's just here.
• 1:56:55
  Here's what you can do. You can you can show up at
• 1:56:58
  signature. And show up at probation and get
• 1:57:01
  your shit together. Okay, that that's the
• 1:57:03
  equivalent, I never deserve this from you. after all, this should
• 1:57:06
  I put you through and I've heard a lot worse about older people
• 1:57:10
  and Believe you believe that Kim people say bad things about me,
• 1:57:15
  not bad things about you that you don't fuck around, excuse my
• 1:57:18
  language and you don't mess around.
• 1:57:19
  So I told you last time you were here, the terms of only one
• 1:57:26
  doctor only one dentist and one Pharmacy.
• 1:57:29
  Take the medication is prescribed sign your releases
• 1:57:32
  full employment, GED to AAS a week and a sponsor and a valid
• 1:57:38
  license. Now. what I was going to do with
• 1:57:45
  you was I was going to send you for 14 months with credit for
• 1:57:50
  about two months, okay? But keep in mind that what's
• 1:57:55
  available because you've burned me twice, right?
• 1:57:59
  Now for me, I heard yourself twice.
• 1:58:02
  Okay, so there's 42 months out there.
• 1:58:05
  If you if you burn yourself a third time because remember, If
• 1:58:10
  you decide you're not going to show off, you're going to get
• 1:58:12
  caught. because you always do every time, And I tell you, one
• 1:58:18
  person is going to be really pissed about.
• 1:58:19
  This is Jennifer Oh no, she don't want to see me.
• 1:58:23
  Okay. All right, Kim, anything else?
• 1:58:34
  It's time. Is it anything else not?
• 1:58:36
  Thank you. All right.
• 1:58:38
  I don't know why he's been so helpful and lenient towards me
• 1:58:41
  and I know you shouldn't, but I do appreciate it, and I think
• 1:58:45
  I'm gonna try, I'm not gonna tell you, I'm gonna do it, but
• 1:58:47
  I'm gonna try my absolute artists to not see you again.
• 1:58:51
  Talk about it, just do it. JoJo.
• 1:58:53
  Donald Well, that was super interesting Friends.
• 1:59:00
  The one thing about O'Donnell's court is it's just an incredibly
• 1:59:04
  raw place with very, very plain language, but I don't know that
• 1:59:09
  I have ever heard a defendant who's being Sons asked to hug
• 1:59:14
  the judge. That is the first at least here
• 1:59:16
  on TCF. Okie dokie.
• 1:59:18
  Let's go back to Michigan and let's go back to judge Oakley.
• 1:59:29
  You guys don't have to jump up. Your own space.
• 1:59:37
  Bring me. My bible stuff, you know, two
• 1:59:45
  Donald Trump calls. One is suspicious because it
• 1:59:49
  came from my clients. All right, but this is the way
• 1:59:53
  from someone else's house. The second one is about
• 1:59:56
  incredible because the caller days last night.
• 2:00:02
  I saw some walked out what he called.
• 2:00:10
  Either if you stalls, put my climb behind the wheel.
• 2:00:13
  On the first one says in the carbon Edition or someone on one
• 2:00:17
  road and there's someone else there's a locked out.
• 2:00:21
  The police come. They talk to people as well as.
• 2:00:27
  And he makes mistakes that a, that's what is it ends up
• 2:00:32
  getting charged with operating as well, operating all foxy, he
• 2:00:37
  would have never run around eyes but even if he was, doesn't
• 2:00:40
  really matter in the state, but the law states or his Arabian,
• 2:00:43
  and this will lessen voluntarily knowingly, intelligent himself
• 2:00:47
  in termination. They must have been made full
• 2:00:50
  awareness of both of nature. Everybody band in the
• 2:00:54
  consequences to abandon The people quote, furthermore and
• 2:01:01
  Oregon. State that you still have in the
• 2:01:06
  landing Dodge people outside and argument made up.
• 2:01:09
  I'm selling. Before the difference here is
• 2:01:12
  that the people can be ignore cypriol, Stewart, simply there's
• 2:01:17
  a 11 factors looking at looking, at whether or not read whether
• 2:01:22
  or not state employees was no only made The age of that's two
• 2:01:29
  different issues though. First is should they have
• 2:01:31
  mirandized him? And your argument is Miranda or
• 2:01:35
  not. Statements aren't usable.
• 2:01:37
  Yeah. So let's not mix.
• 2:01:40
  Those two arguments Right. Let's talk about first.
• 2:01:43
  First one first, let's talk about whether or not they should
• 2:01:46
  Miranda is a unless you want to just skip that one because I
• 2:01:52
  think Bert Murray Morgan control on track.
• 2:01:54
  Okay? But carries out and attracts out
• 2:02:01
  but Even if the even if you wasn't Miranda's, I think
• 2:02:06
  sipping out control. the, because she had a looks at
• 2:02:14
  whether or not Constitutional advice to Brandon.
• 2:02:21
  Whether a person with Miranda's, it's one of the facts and none
• 2:02:24
  of the none of the 11 back to full and of himself.
• 2:02:27
  So now listen to how to say look at all the factors together
• 2:02:31
  along with everything else. So whether or not, even Randy
• 2:02:35
  dies, I don't think it's because the issue here, it's just to
• 2:02:39
  allow you to suppress the city. All right, then, let's talk
• 2:02:42
  about the other factors. The reality control are the age
• 2:02:49
  of the age of the Funded the extent of the Police Department,
• 2:02:53
  police contact. benefits had lack of constitutional advice
• 2:02:57
  injury at Cox Communication or Bill help with defendant and The
• 2:03:05
  five private food sleep with medical assistance, my client
• 2:03:09
  was so lost his point, two days away from her birthday on the
• 2:03:13
  date of the day of the shot. Stewart's Stewart was an 18 year
• 2:03:19
  old. Didn't know about tips, 20 year
• 2:03:22
  old lady eighteen year old. I believe He was young, he
• 2:03:27
  didn't know. Getting no.
• 2:03:33
  Just not trying to see. Yeah, he's he's not juvenile but
• 2:03:41
  he's not, he's not the belt. Holy for.
• 2:03:47
  He doesn't have any prior police contact.
• 2:03:50
  He's not aware of his rights completely.
• 2:03:53
  He wasn't around, guys. He was finally in constipated
• 2:03:57
  and he was potentially in an accident.
• 2:04:00
  Did ask about scary was taking to the hospital.
• 2:04:06
  It was obviously that was 0.25 is exceedingly High.
• 2:04:11
  It's three times the legal limit to draw.
• 2:04:15
  I find it. difficult to believe that we say, To God.
• 2:04:23
  But we have what we're going to take every state, say against
• 2:04:27
  your events, your own, so interests, and it's the main
• 2:04:34
  when you add in, you take all of that and you add in the facts of
• 2:04:38
  the first nine, one one call, there's a I didn't have the data
• 2:04:42
  since we can fly. The people say, they don't
• 2:04:46
  understand. The reason for that, the reason
• 2:04:49
  for that is this wall was when retrieves, the walls falling
• 2:04:54
  next day. That day from this color is
• 2:04:58
  actually Lively paid, the phone call, I believe, the phone call
• 2:05:03
  was made from that phone for two reasons.
• 2:05:06
  One, there's a screenshot of my clients fall and saying it was
• 2:05:10
  used to call Uncle blessing and two when you listen to the 911,
• 2:05:19
  call the individual who Says his name is.
• 2:05:23
  Brandon is cognitive 911 saying that there's Carnage.
• 2:05:28
  It's a 300 price against black and there's some walk without
• 2:05:33
  Road. While he's making that phone
• 2:05:38
  call always making that only call automated message from this
• 2:05:42
  Wallace's iPhone breaks in and says, the owner of this iPhone
• 2:05:46
  would have been involved in a serious car accident.
• 2:05:49
  They're not with stopping, and they give GPS coordinates and
• 2:05:54
  those GPS coordinates. Just happened to be Mr. Steve's
• 2:05:58
  house. So, it was another person in the
• 2:06:03
  car. It's probably possible that this
• 2:06:06
  could be, you know, was the driver, put the car on the
• 2:06:08
  kitchen skull and he made his phone call a later time.
• 2:06:14
  That's reasonable doubt or trial, I understand them.
• 2:06:17
  But when you look at that and you put it all together, there
• 2:06:22
  is reason to doubt my flying statement because of his level
• 2:06:28
  of intoxication because someone else was there.
• 2:06:30
  It was essentially driving because no one saw by flying, I
• 2:06:36
  believe these statement should be suppressed.
• 2:06:38
  I believe that there are not credible based and when I would
• 2:06:43
  be students, there's no one would put it Mr. Wallace
• 2:06:46
  operating at the Anything else at this time, Madame,
• 2:06:53
  prosecutor. I decided.
• 2:07:00
  And going to bulshit do. I have obviously way too
• 2:07:03
  fantastic to try the next five. The next one Festival that I was
• 2:07:08
  still undergoing through their logical and they're all
• 2:07:10
  neurological, which creation was unable to fully understand or
• 2:07:15
  appreciating the situation and a statement that we had made and
• 2:07:19
  they were to fly to standard then all men in their late,
• 2:07:22
  teens and early twenties. When you get in a past commit, a
• 2:07:25
  crime up until they're responsible for taxes going to
• 2:07:29
  balance. Designated multiple decision.
• 2:07:32
  You may have said. She's decided to try to drum.
• 2:07:35
  He made a decision to make you statements.
• 2:07:38
  He made in decisions such as electing not to complete field,
• 2:07:43
  sobriety tests made decisions not to when they asked whether
• 2:07:47
  or sorry where he got the alcohol, people who didn't want
• 2:07:52
  to call them, he maybe sort of concerned when they ask, what
• 2:07:55
  friends house he was having to go back to that.
• 2:07:57
  Tell them, he made all of these decisions that day, I find it
• 2:08:01
  hard to believe that he can make all of these well-informed
• 2:08:04
  decisions. If you wasn't able to fully
• 2:08:09
  understand those statements such as I parked there on drove.
• 2:08:14
  All this other state has said, if you made it a place to
• 2:08:17
  Providence vehicle but can't appreciate the state nurse such
• 2:08:20
  as navigating consent, to do field sobriety system and or a
• 2:08:26
  computer or anything of that nature.
• 2:08:27
  He also told police that he was lost, he told police that he
• 2:08:31
  could change from England. That moms law enforcement
• 2:08:33
  officers who was making very clearly informed decision based
• 2:08:38
  upon the situation. Respond.
• 2:08:42
  Yes, you are one. If I don't believe they can take
• 2:08:46
  one instance. This case configure.
• 2:08:48
  Hey, everyone's getting a pretty password committing crimes
• 2:08:52
  because they're, they're not, they're not informed by that's
• 2:08:56
  not possible, but it is fully looking at his age, it's one,
• 2:09:00
  instance, it's of The cypriot Trackers that goes towards,
• 2:09:06
  towards the entirety. So we're not saying that
• 2:09:08
  everyone gets free pass because they're not fully formed yet.
• 2:09:13
  That's a broad generalization. But the people's daughter again,
• 2:09:19
  a is being one factor. The level of the cops patient
• 2:09:23
  being a very good essential dependent, doesn't mean it's
• 2:09:26
  cool. So, I think.
• 2:09:31
  Everything needs to be looked at much more closely and not just
• 2:09:34
  Cherry victim. Well, he said he was great.
• 2:09:36
  So obviously when you know, what was the collaborating surface?
• 2:09:40
  What was operating, evidence whatsoever, not even the two,
• 2:09:42
  not only one calls, put it in Los that we saw by police car
• 2:09:47
  additional car, that would at least circumstances he was
• 2:09:52
  operating the vehicle people. So racing, the car was was
• 2:10:00
  Pilot's mother that one of his credit card receive our and that
• 2:10:04
  he had an evolving his top. And so you know obviously he
• 2:10:07
  brought I mean, a key fob for a new model car doesn't mean that
• 2:10:12
  you're operating and you could be sitting in the past, there's
• 2:10:14
  something to see if someone could push the sorrow or starts
• 2:10:17
  going to be next to the car, so much to start button and it
• 2:10:20
  started your operating. Looking at everything.
• 2:10:23
  Again, looking at the hotel and the circumstances, including the
• 2:10:27
  suspicious animals suspicious, not on a phone call.
• 2:10:32
  I think, I believe. Causes a credibility issue with
• 2:10:37
  Satan of a 125 BAC. Maybe else let's talk
• 2:10:47
  specifically about Supreme on how it applies to these facts.
• 2:10:54
  He's shy. Well, I understand it's probably
• 2:11:03
  explained that he had a week of career as a church murders on
• 2:11:08
  September, what it has used the, obviously New Hope Police have
• 2:11:12
  been understood that he could not drink, you know, so that
• 2:11:16
  each of that drive them even knowledge and wherewithal to
• 2:11:22
  know what these things were wrong extended.
• 2:11:24
  His previous experience, please add a, I know that we had no
• 2:11:29
  prior. So I'm the reason to believe the
• 2:11:31
  new what, you know, they replace they were fully uniforms.
• 2:11:34
  And what can a little bit of salted police officers, but I
• 2:11:38
  didn't expect out of potential updates.
• 2:11:40
  According to be able to talk here, he almost immediately
• 2:11:43
  stated that he went on. She said all the other
• 2:11:48
  statements within the first Global business and their action
• 2:11:51
  police, the last of any advice bqs or just constitutional
• 2:11:56
  rights. And again, he that he will be
• 2:12:00
  Australian, he was lost and he had police background or she was
• 2:12:04
  family. He made decisions such as not
• 2:12:07
  doing the PHP. Not doing those right?
• 2:12:10
  How's all that fit on a little? The fact that he made decisions
• 2:12:15
  house that fits the piano. I understand his statements that
• 2:12:19
  he's he knows law enforcement. He you know, he knows cops,
• 2:12:22
  whatever. I know my rights, whatever that
• 2:12:23
  is I understand how that would fit to his educational level,
• 2:12:26
  but how does all this other stuff you're giving me fits to
• 2:12:29
  Brianna? Having made other decisions.
• 2:12:38
  All right. Okay, anything else you want to
• 2:12:55
  say about Supreme? I think he wish, if you think
• 2:13:00
  they help you, I guess he starts.
• 2:13:06
  What do you know when he gave us a statement?
• 2:13:11
  Hey, you did have a very, very, very, very fun.
• 2:13:16
  Place. Oh but he did but sprinkle and
• 2:13:20
  the other case People are lost age.
• 2:13:23
  Probably 15% of traffic stops are drunk driving in order to
• 2:13:30
  learn investigated drunk. Driving, you have to ask
• 2:13:33
  questions of me. Adhere didn't tell the officer
• 2:13:37
  that we needed to sort of medical intervention about
• 2:13:41
  camping. Our is the investigation.
• 2:13:45
  Optionality. When we get equal force
• 2:13:48
  assistance after Neo safety would not see.
• 2:13:51
  It is a trained and certified EFT on the defendant could not
• 2:13:56
  articulate what was wrong with them other than not feeling
• 2:13:59
  well. I think that that would be less
• 2:14:03
  than okay. All right, anything else?
• 2:14:09
  Yes, you are understanding that. Voluntary Church of Google or
• 2:14:17
  just waiting for. Oh, we're not talking about
• 2:14:24
  where the front of the paper talking about the statements
• 2:14:28
  that were made. That link that link on to these
• 2:14:32
  Charities. And again I think there's
• 2:14:36
  cheating of 20 years old one, two five alcohol, you know under
• 2:14:43
  under household. It Identity looking at taking
• 2:14:49
  that into consideration with these statements.
• 2:14:54
  We know what I'm saying. It's true and there's no other
• 2:14:56
  cooperating evidence to put me back and do vehicle operated.
• 2:15:01
  All we have is its ease so I'll get its we know what?
• 2:15:07
  The I believe statements can't be looked at a scrap.
• 2:15:15
  Anything else? In the Oaks, right?
• 2:15:18
  It's closed calls. But now your motion, I encourage
• 2:15:21
  you to appeal it. Anything else?
• 2:15:25
  Good luck. Why am I doing an arraignment
• 2:15:34
  on? Line.
• 2:15:37
  Here. Is this one of them?
• 2:15:41
  This one that I got? Acne, the game ended up.
• 2:15:44
  No. Okay.
• 2:15:51
  I only have this one. I'm ready on Ackman.
• 2:15:57
  Thank you, Jane, you started our leasing love.
• 2:16:00
  Yes, sir. Judge Wayne County is not on
• 2:16:03
  Zoom yet. Those are random.
• 2:16:04
  Know is that Wayne County? Yeah.
• 2:16:08
  Yeah. But that's all I know.
• 2:16:14
  Aaron Frazier. Figure out, what's ready?
• 2:16:18
  And one, and I'll be happy to do.
• 2:16:21
  Come good morning Council. Yeah.
• 2:16:24
  How you been haven't seen you for a while?
• 2:16:29
  Good. Okay.
• 2:16:30
  He busy. Good.
• 2:16:35
  No more fun? Yeah.
• 2:16:39
  All right. So tell me about Mr. Fraser, and
• 2:16:41
  his file. So if it is all in or not
• 2:16:51
  guilty, playing we move forward, He's 40 and 848 is 5 children,
• 2:17:05
  12 17th. Coming from our leadership,
• 2:17:15
  hiring a jumper. Okay, basically, he's got, he
• 2:17:19
  got this species. The traffic looks back, and the
• 2:17:24
  basically had a higher back who's coming from his nephew's
• 2:17:28
  birthday party. They give us a call for Traffic
• 2:17:36
  Control guys. Yep.
• 2:17:38
  So I talked about it in the discovery.
• 2:17:40
  I emailed them, the discoveries well and so he's really just put
• 2:17:45
  it good. All right, Mr. Frazier, did you
• 2:17:48
  discuss your rights and options with Council?
• 2:17:50
  Yes. You understand.
• 2:17:51
  Those rights and options. You understand the possible
• 2:17:53
  penalty from Pair of driving understanding that, are you
• 2:17:56
  pleading guilty to that charge freely and voluntarily today?
• 2:17:59
  All right, did you drive a vehicle in Sumter touch my
• 2:18:01
  February 14th 2026 prior to driving to drink alcohol
• 2:18:05
  counselors or blood tests? We just stipulate results were.
• 2:18:14
  You, you think the facts have been met for the impaired?
• 2:18:17
  So why I'll dismiss the intoxicated, the high BAC and
• 2:18:20
  the Civil infraction. Mr. Frazier, I'm going to send
• 2:18:23
  you down stairs, to make an appointment, with our probation
• 2:18:25
  department to come. Back for a screen in the
• 2:18:27
  meantime, I'm going to put you on a personal Bond.
• 2:18:29
  Two conditions that are pretty obvious.
• 2:18:31
  Stay out of trouble and show up for court.
• 2:18:33
  Third one is do not purchase possessor, consume and you mood
• 2:18:36
  altering substance unless you got a doctor's prescription for
• 2:18:39
  the substance. Can you live with my rules?
• 2:18:41
  Raise your right hand. Do you swear or affirm and
• 2:18:44
  acknowledge the debt payable Court amount of 1,000 if you
• 2:18:47
  screw up on bond, Any questions Council?
• 2:18:55
  All right. Who's got him on a soberly?
• 2:19:02
  We don't have monster overlink. You mean you did that on your
• 2:19:08
  own? Proactive.
• 2:19:12
  Yeah. Okay.
• 2:19:13
  Make sure you let probation know that when you come in for your
• 2:19:15
  interview, if you go down, you'll have someone put on
• 2:19:20
  picking that date. So go down to probation, all
• 2:19:23
  right? Have a great day people.
• 2:19:24
  You're welcome. Delaware.
• 2:19:28
  All right, let's change things up, Lansing, Michigan, Tony
• 2:19:33
  Flores. That is.
• 2:19:39
  People, the state of Michigan versus Zachary Schmidt. 12
• 2:19:46
  appearances for the record. Misfortune Guild.
• 2:19:54
  Hey, Linda Sheridan. Donnelly on behalf of the
• 2:19:55
  definite Zachary Schmidt, who is appearing separately from MDOC
• 2:19:58
  and sir, you are? Zachary Schmidt?
• 2:20:00
  Is that correct? That's correct.
• 2:20:03
  All right, thank you. This time set for probable
• 2:20:06
  conference probable cause conference.
• 2:20:08
  Misfortunate Gil. How we proceeding at?
• 2:20:15
  This. So we're gonna.
• 2:20:15
  Is that a fair statement, Ms? Donnelly.
• 2:20:18
  Yes, your honour. Hearing exam was set last week,
• 2:20:21
  on March 27th. You'd like to continue to that,
• 2:20:24
  right? We have the written date set for
• 2:20:27
  next week, Parts 27th. So we'll do a, we'll leave on
• 2:20:32
  for the previously scheduled prelim for March 27th.
• 2:20:38
  At. The premium scheduled for 9 and
• 2:20:42
  the rent is 8:30, okay? so, at 9:00, Anything else for
• 2:20:49
  the record in dock in, 260 036 this has been left for
• 2:20:54
  Examination for next week. Next Friday at 9:00.
• 2:20:59
  Anything else was Fortuna? Go not for the people stop me.
• 2:21:02
  Not for defense. All right.
• 2:21:03
  Mr. Smith. We'll see you next week live on
• 2:21:06
  March 27th at 9:00. Thank you for your parents
• 2:21:08
  today. Thank you, your honor.
• 2:21:12
  Does Cunningham nearly brought up?
• 2:21:16
  But kind of, so we can do that. You want to do that.
• 2:21:19
  Which one Cunningham here on her?
• 2:21:24
  Yes. All right, so we're on the
• 2:21:36
  record in Dhaka. 26 is 00390. That is people the state of
• 2:21:42
  Michigan versus Jasper Cunningham appearance of the
• 2:21:46
  record Mrs. Fortune, go Hayley Fortuna Jill on behalf of the
• 2:21:51
  people. The Stanley assistant public
• 2:21:52
  defender, Sarah Donnelly on behalf of the defense for
• 2:21:55
  Cunningham who's standing to my right and sir you are Jasper.
• 2:21:57
  Cunningham is that correct? Yes sir.
• 2:21:59
  All right, thank you. This is the time set for plumber
• 2:22:01
  examination today. That's for two and a girl how we
• 2:22:04
  proceeding your honor at this time.
• 2:22:05
  The people need to ask for a one-time a tournament.
• 2:22:08
  It appears there was an issue with our subpoena and the
• 2:22:11
  correct officers were not subpoenaed for today exam.
• 2:22:16
  Again, I would ask for this one time in German and I would
• 2:22:20
  ensure that they were here at the next preliminary examination
• 2:22:23
  day. All right?
• 2:22:24
  And you've you've given you've given notice to that to Ms.
• 2:22:28
  Donnelly respond to Stanley. Thank you, your honor.
• 2:22:31
  So we will be objecting to that. A German today is a day set for
• 2:22:34
  a preliminary exam. The defendant Mr. Cunningham has
• 2:22:37
  a right to have this exam within 21 days of arrangement.
• 2:22:40
  So that being today's date. We were asked this space to be
• 2:22:43
  dismissed without prejudice. All right.
• 2:22:44
  Thank you, be Mr. Cunningham is is not incarcerated.
• 2:22:49
  He got a PR Bond so we are going I will grant the one time a
• 2:22:54
  journeyman. Or a good costume.
• 2:22:58
  Mr. Cunningham has no doesn't waive any rights.
• 2:23:05
  So, the people can. Subpoena the required Witnesses.
• 2:23:19
  And then we will reschedule the prelim, you'll need two weeks
• 2:23:23
  for the, for the freedom to please. 27.
• 2:23:29
  Okay, so March 27th. At 9:00.
• 2:23:37
  This is a good cause of German based on the request from the
• 2:23:40
  prosecutor's office to subpoena Witnesses for the pulmonary
• 2:23:44
  examination. Mr. Cunningham's, not waiving
• 2:23:46
  any rights because it is a good cause of German and we've
• 2:23:49
  adjourned to March 27th at 9:00 anything else for the record in
• 2:23:53
  docket 260390, just for tune. A girl, not for the people.
• 2:23:57
  You're honestly not for defense. All right, Mr. Cunningham, we'll
• 2:24:00
  see you on March 27th at 9:00. Okay, thank you.
• 2:24:16
  Know, I need to talk to him. Okay.
• 2:24:20
  Oh responding is on yeah, okay I need to talk then we should be
• 2:24:25
  able to call Archer. Just watch her.
• 2:24:30
  Are you ready on Archer? And you'll have to mute him.
• 2:24:38
  Yes, no, thank you. All right, let's call.
• 2:24:41
  Jose Archer So we're on the record in docket 260 zero five
• 2:24:47
  six nine that is people the state of Michigan versus Jose
• 2:24:51
  Archer. Here says for the record this
• 2:24:55
  fraternity kill Haley for two together on behalf of the people
• 2:24:57
  miss wanji. Good morning.
• 2:24:59
  Yona Millennial deewani for me to Archer who's appearing from
• 2:25:02
  the jail. And sir, you are Jose Luis
• 2:25:07
  Archer. Yes, sir.
• 2:25:11
  All right. You can hear me.
• 2:25:11
  All right, Mr. Archer. Yes, and all right.
• 2:25:15
  Thank you. This is the time set for a
• 2:25:17
  probable cause conference. It's for tuning Gil how he
• 2:25:20
  proceeding at this time, you're on we would be asking that this
• 2:25:23
  matter be left on for preliminary examination and
• 2:25:27
  offer has been extended to a domestic violent second that
• 2:25:32
  offer would have of course remain open into the beginning
• 2:25:34
  of the preliminary exam. Is that a fair statement was
• 2:25:37
  watching for next week. Thank you.
• 2:25:41
  All right, so let's leave on for plumbing examinations for March.
• 2:25:50
  All right. The 19th, the 13th.
• 2:25:59
  The 19th. March 19th. 2026 at 8:30.
• 2:26:09
  So we'll leave on for polymer Examination, for March 19th at
• 2:26:13
  8:30. Anything else for the record in,
• 2:26:15
  260, 0569 and Miss Fortuna, go not for the people miss, you
• 2:26:20
  know, for the difference in a. Thank you.
• 2:26:21
  All right, I'll see you next Thursday morning at 8:30.
• 2:26:26
  Thank you for your parents today.
• 2:26:27
  Mr. Archer. And we now have Mr. Jackson.
• 2:26:35
  All right, friends, let's Head, South Fulton County, Georgia,
• 2:26:39
  judgment, Bernie. Which position is this?
• 2:26:46
  Number one, Mr. Bradford. All right.
• 2:26:54
  He Smith. Are you ready?
• 2:26:56
  Great. Let's get on the record with
• 2:26:58
  position one. It's 25 SC. 007 7500 State
• 2:27:04
  versus Bradford. Mr. Bradford is in court with
• 2:27:06
  Ms. Would his counsel Ms. Smith is here for the state and Mr.
• 2:27:10
  Bradford, my understanding is that you are prepared to enter a
• 2:27:15
  plea in your case, rather than go to trials.
• 2:27:16
  Is that correct? Yes.
• 2:27:17
  Okay, Miss Smith is going to put you under oath and just a
• 2:27:21
  moment. Ask you questions about you
• 2:27:23
  about your case, you need to answer those truthfully, and
• 2:27:26
  completely. You also need to let me know if
• 2:27:28
  you've got your own questions. If something comes up and like
• 2:27:31
  wait that's not what I thought was gonna happen or just don't
• 2:27:33
  make sense. We let me know that.
• 2:27:35
  Yes, great. And I'll try to explain it if I
• 2:27:37
  can and we'll see if we can get through this Miss Smith.
• 2:27:41
  Thank you, Mr. Bradford, please raise your right hand.
• 2:27:45
  Do you swear or affirm that the testimony before this court
• 2:27:50
  shall be the truth? The whole truth and nothing.
• 2:27:52
  But yes. Okay.
• 2:28:00
  Are you at this time? Taking or under the influence of
• 2:28:02
  any alcohol, drugs, or medicine know, and is there any
• 2:28:06
  medication that you would normally take that you haven't
• 2:28:08
  been giving today? No, How old are you?
• 2:28:11
  And how far have you gone to school?
• 2:28:13
  62 one year in the college? Are you able to read write and
• 2:28:18
  understand the English language? Yes.
• 2:28:20
  The understanding that you have the right to plead are the
• 2:28:23
  guilty or not guilty to these charges.
• 2:28:24
  And if you plead not guilty or remain, silent, you may receive
• 2:28:27
  a jury trial. Yes.
• 2:28:30
  Have you had enough time to speak with your attorney?
• 2:28:32
  About all of the facts and circumstances known to you
• 2:28:34
  regarding the charges of this? Indictment?
• 2:28:36
  Yes. We need more time to discuss
• 2:28:39
  your case with your attorney know.
• 2:28:42
  And are you satisfied with her services?
• 2:28:45
  Yes. I'm sorry are you satisfied?
• 2:28:47
  Your client has a full understanding of this
• 2:28:49
  proceeding. Hey all, do you wait for more
• 2:28:52
  reading of the indictment in any and all defense in the
• 2:28:54
  indictment for the purposes of this?
• 2:28:56
  Plea we do just a Bradford. Do you remember being arrested
• 2:29:00
  on these charges? I was never arrested on it.
• 2:29:03
  You're in custody. Now, did you come from another
• 2:29:06
  jurisdiction? They are took me from West
• 2:29:10
  Virginia and brought me here, okay?
• 2:29:12
  So then in 25 on future, they want, they said got it.
• 2:29:20
  So there's a commitment date of when you made landfall here of
• 2:29:28
  November 21st, 25, that would have been, you're getting here
• 2:29:31
  from West. Virginia not been here from West
• 2:29:35
  Virginia since August, they sent me to Truman.
• 2:29:42
  PC. And they hold me there and then
• 2:29:46
  they brought me here, okay? November November is when you
• 2:29:50
  got here, okay, the incident that we're going to talk about
• 2:29:55
  today, is from long, long ago, 2017, what you're saying is that
• 2:30:01
  you were not arrested in 2017 in connection with whatever may
• 2:30:06
  have happened at the Life Church.
• 2:30:07
  I've never been arrested for that.
• 2:30:08
  Okay, we're not aware of any warrants related to this other
• 2:30:13
  than what got you picked up in West Virginia.
• 2:30:15
  Are you have any other wants? No.
• 2:30:18
  Okay. Mr. Bradford, do you understand
• 2:30:22
  that? This is an negotiated plea of
• 2:30:24
  guilty, which means that the state River recommends to the
• 2:30:26
  court of sentence of five years, probation?
• 2:30:28
  Yes. Are you aware that?
• 2:30:30
  The court is not have to accept that recommendation and at the
• 2:30:33
  court, consensus you to the maximum on each charge and can
• 2:30:36
  run those sentences consecutively?
• 2:30:38
  Yes, you understand that if you're placed on probation of
• 2:30:42
  any kind, you cannot violate any criminal laws of any
• 2:30:45
  governmental unit or any special conditions of probation without
• 2:30:48
  being subject to replication for the balance of the sentence.
• 2:30:51
  Yes. Do you understand that this is a
• 2:30:54
  guilty plea, which is permanently recorded on your
• 2:30:56
  criminal history. Yes, you also understand that,
• 2:31:00
  if you charged with another crime in the future, that this
• 2:31:03
  plea may be used to enhance that sentencing.
• 2:31:05
  Even on the federal case. Yes.
• 2:31:08
  Are you currently on probation? Know.
• 2:31:11
  Are you a United States citizen? Yes.
• 2:31:15
  Do you understand that there may be other adverse or unfavorable
• 2:31:18
  consequences as a result of this guilty?
• 2:31:20
  Plea conviction just as there would be following a conviction
• 2:31:23
  from a trial. For example, your guilty, may
• 2:31:26
  affect your right to vote, the right to Hope public office, the
• 2:31:29
  right to serve on a jury, the right to obtain a passport or
• 2:31:33
  the ability to obtain employment.
• 2:31:37
  Coming to repeat it. I guess that last one, okay, one
• 2:31:42
  of the effects of your guilty, plea would be your ability to
• 2:31:45
  obtain employment. Yes.
• 2:31:49
  Do you understand that by pleading guilty to a felony?
• 2:31:51
  You cannot use receive possess transport, or own a firearm and
• 2:31:57
  that if you did, you could be charged with another felony
• 2:31:59
  offense. Yes, do you understand that you
• 2:32:03
  waive any and all defenses? Including any mental health
• 2:32:05
  defenses by entering this? Plea of Gucci?
• 2:32:07
  Yes. Do you understand that by
• 2:32:10
  pleading guilty you're giving up the following rights, the right
• 2:32:13
  field trial by jury. The right to remain silent and
• 2:32:16
  not incriminate yourself. The right to see and hear the
• 2:32:19
  witnesses called to testify against you.
• 2:32:22
  The right to the assistance of counsel either hired by you, or
• 2:32:25
  court appointed. If you cannot afford an
• 2:32:27
  attorney, the right to the presumption of innocence, which
• 2:32:30
  means that the state must prove, Beyond a reasonable doubt that
• 2:32:32
  you're guilty of these charges. The right to testify on your own
• 2:32:35
  behalf or remain silent, the right to present other evidence
• 2:32:39
  of your own in your own Witnesses and the right to
• 2:32:42
  appeal of convicted of these charges after a trial.
• 2:32:44
  Yes. I'm sorry, you satisfied your
• 2:32:47
  client understands that these are the rights that they'll be
• 2:32:49
  waving by entering this guilty plea, I am.
• 2:32:52
  Mr. Bradford has anyone for us threatened or promise?
• 2:32:55
  You need to get you to answer into this guilty plea today.
• 2:32:58
  No. That's two.
• 2:33:01
  Indictment number 25. Sea 007750.
• 2:33:05
  How do you please account one burglary in the second degree
• 2:33:09
  and count to Criminal Trespass and damage to property?
• 2:33:13
  Guilty. Is this guilty, plea freely and
• 2:33:17
  voluntarily giving with full knowledge of the charges against
• 2:33:19
  you. She?
• 2:33:23
  Says do you understand that you do not have a right to appeal
• 2:33:25
  your guilty? Plea conviction but if you
• 2:33:27
  believe that there have been some type of error, you can
• 2:33:29
  apply to the appropriate Appellate Court to request a
• 2:33:32
  discretionary appeal. Yes, do you understand that
• 2:33:37
  there has to be completed within 30 days from today?
• 2:33:39
  Yes. Do you understand that you have
• 2:33:42
  only four years from today for felony charge and 12 months from
• 2:33:45
  today, for misdemeanor charge to file a habeas?
• 2:33:48
  Corpus petition challenging, the voluntary of this plea?
• 2:33:51
  Yes. Thank you, Mr. Burford, yarn at
• 2:33:54
  this case, for the proceed to trial the state, which show that
• 2:33:57
  on December 23rd. 2017, officer coping with the Atlanta Police
• 2:34:02
  Department was dispatched to three to four, three, Stone,
• 2:34:06
  Road, South West, that's in Atlanta, Georgia also in Fulton
• 2:34:09
  County, when the officers got there, they observed a window
• 2:34:13
  that was broken and also blood, that was on that window on.
• 2:34:18
  They were able to see a trail of toys coming out of the church,
• 2:34:22
  and at this time, no defending was on the scene and no one was
• 2:34:25
  on the scene. However, as I stated blood was
• 2:34:28
  on the window, a black cell phone was laying on the ground,
• 2:34:31
  a golden necklace and a child, a trail of toys was wrapping
• 2:34:34
  around. From the window outside of the
• 2:34:37
  church. The officer searched the area
• 2:34:39
  but did not find the defendant. However, crime scene analyst
• 2:34:43
  came on the scene and took a sample of that blood that was on
• 2:34:46
  the window and it was later confirmed by gbi back in 2025
• 2:34:50
  that the blood belonged to the defendant traveling Bradford at
• 2:34:54
  that time officers sought out a warrant for Mr. Bradford and
• 2:34:57
  he's eventually arrested or taken into custody for these
• 2:35:00
  charges. And those are the facts of the
• 2:35:02
  case, regarding the negotiated plea between the state and the
• 2:35:06
  defense. We've agreed to a sentence of
• 2:35:08
  five years probation for count one and 12 months probation for
• 2:35:11
  count, two for both counts to rent, concern for a total of
• 2:35:14
  five years probation for the defendant to complete and
• 2:35:18
  anti-theft course for that to be no contact with the victim or
• 2:35:22
  any representative representatives of the church.
• 2:35:24
  Stay away from the incident location in reserve restitution
• 2:35:29
  for the broken window and toys that were stolen from the church
• 2:35:32
  that night, that'll be off from the State honor.
• 2:35:35
  Right. Ms. Stallworth, do you have any
• 2:35:39
  criminal history information on Mr?
• 2:35:41
  Bradford. Yes, your honor.
• 2:35:43
  He has 24 Cycles total eight from the state of New York.
• 2:35:46
  Three from West Virginia. There are six convictions
• 2:35:49
  outside of the ten year period. I can list them off if you
• 2:35:52
  would. Like I just like the most recent
• 2:35:55
  two, there's one in 09 out of Douglas County for burglary and
• 2:36:00
  one in 07 from Cobb County, for burglary and personal inning
• 2:36:04
  officer Buffalo destruction of law enforcement officer criminal
• 2:36:07
  damage to property, second degree, giving Falls named and
• 2:36:10
  false statement or riding. Got it.
• 2:36:13
  And what is what's the most recent cycle?
• 2:36:27
  This one, that is open before that it was one in 2019 out of
• 2:36:31
  Floyd County. And that's true across all three
• 2:36:35
  states. The most recent one is the Floyd
• 2:36:38
  County one. The fusion.
• 2:36:44
  First Virginia was July of 2025. that was the last one in that
• 2:36:49
  county and then in New York, I think it was a one.
• 2:36:58
  Oh 2014. I'm sorry.
• 2:36:59
  Okay it was a misdemeanor assault.
• 2:37:03
  Thank you so much, you're welcome.
• 2:37:06
  This would thank you. Judge to Mr. Bradford is 62
• 2:37:09
  years old. He does have college, education.
• 2:37:11
  He does construction work. He's eager to get out and back
• 2:37:15
  to work. He's been in custody here, 112
• 2:37:19
  days. So he was booked in.
• 2:37:20
  As you heard on November 21st, I do believe he should with me.
• 2:37:23
  He was incarcerated in West Virginia since last summer.
• 2:37:26
  So he wanted to make sure that that was on the record and
• 2:37:29
  otherwise we would just ask that you accept the state
• 2:37:32
  recommendation, okay? Mr. Bradford where will home?
• 2:37:36
  Be when you get out this plea gets you out.
• 2:37:38
  So I don't know it'll be today should be tomorrow, I'm hearing
• 2:37:44
  about different states with which you have connections,
• 2:37:46
  where you plan on going. Well, I Wrong Georgia.
• 2:37:50
  I'll be here in Rome Georgia until I get an impact compound,
• 2:37:54
  but my house is in West Virginia and all my tubes and everything,
• 2:37:58
  I do federal work, I remodeled projects.
• 2:38:02
  Okay? Yes, so your goal would be to
• 2:38:05
  get back to West Virginia. Yes.
• 2:38:07
  All right, you have a place though in Rome to stay.
• 2:38:10
  Yes. Okay, that's good.
• 2:38:12
  Because it sounds like, you know, you can get your probation
• 2:38:16
  transfer to another jurisdiction, meaning another
• 2:38:19
  state, but it takes a few weeks, there's paperwork involved, Etc.
• 2:38:22
  It's not right away. And while you're waiting, you
• 2:38:25
  need to be here in Georgia, but it sounds like you can get a
• 2:38:28
  roof over your head, but I'll just be enrolled which is fine.
• 2:38:31
  That's in Georgia, okay? Do you have any questions about
• 2:38:36
  anything we discussed? Okay. any reason you would need
• 2:38:45
  to be in Georgia after you go back to The your place in West
• 2:38:55
  Virginia, only time I will be coming through Georgia to see my
• 2:38:59
  kids and we have worked here. We was we had done projects up
• 2:39:05
  in Rome. Georgia, we have remodel the
• 2:39:07
  projects in East Rome. I'm Ted your kids are where in
• 2:39:13
  Georgia. I have my oldest daughter is
• 2:39:17
  right here and Fulton County. My baby daughter is is in a
• 2:39:22
  grown And my other daughter isn't going to okay?
• 2:39:28
  And what what age range are we talking about?
• 2:39:32
  You're 62. So your kids all 30, 16.
• 2:39:35
  Okay. 15 16 18. Okay.
• 2:39:39
  All right. Thank you.
• 2:39:40
  That's helpful, Mr. Bradford. This is a unique case.
• 2:39:45
  We don't get a lot of these where a coda sit from long, long
• 2:39:48
  ago, surfaces and then the state in dates, unless it's like a
• 2:39:52
  dead body kind of case. But this was a church.
• 2:39:54
  I understand why this state went forward on this.
• 2:39:57
  I do find there's a factual basis for the two charges and
• 2:40:01
  your police to the two charges. I also find that you're pleased
• 2:40:04
  are knowing and voluntary. Meaning you've understood what
• 2:40:07
  we talked about and no one's forcing you to enter the police.
• 2:40:10
  Is that correct? I will accept the plea then is
• 2:40:13
  wood. Can someone in my office sign in
• 2:40:15
  that for you the Smith and Mr? Bradford, can we sign for you?
• 2:40:19
  Yes we'll do that. I'm going to set you Mr.
• 2:40:23
  Bradford. Count one.
• 2:40:25
  To five years to serve three months.
• 2:40:29
  I know you've done more than three months, but it's going to
• 2:40:31
  be complicated to sort out. The credit you get for the time
• 2:40:35
  you were in West Virginia, but you get credit for the more than
• 2:40:39
  three months. You've been here and that just
• 2:40:41
  Rings your probation a little bit, not much but hey, every
• 2:40:43
  month counts. So five years to serve three
• 2:40:46
  months balance, on probation. Special condition of probation
• 2:40:50
  is that too. There are two of them one.
• 2:40:54
  Is that you stay away from the Life Church, like I make it
• 2:40:58
  easier because number two is that you will stay out of the
• 2:41:02
  state of Georgia. Other than the roam judicial
• 2:41:06
  circuit, which is Floyd County. So you can go there.
• 2:41:09
  Now, that's going to be okay and you can stay there until you get
• 2:41:12
  your probation transferred, to West, Virginia.
• 2:41:14
  If you want to come back here to visit family, you go to Floyd
• 2:41:17
  and people come to visit you, you know, you don't go to
• 2:41:20
  Gwinnett. You don't go to Fulton.
• 2:41:21
  If you're going to be in Georgia, there is no issue if
• 2:41:24
  You're employed County if you're outside of Floyd County and you
• 2:41:27
  were to get pulled over for a speeding ticket or anything like
• 2:41:30
  that. That would be a violation of
• 2:41:32
  your probation and the state could I don't know if they would
• 2:41:35
  but they could say let's get a warrant and and do something
• 2:41:38
  about that. So you can pass through
• 2:41:40
  obviously because there's probably an airplane in Rome,
• 2:41:44
  but not the kind of airport you're going to fly into.
• 2:41:46
  But if you're staying in Georgia, Floyd County, only The
• 2:41:51
  rest of the countries, yours. All right.
• 2:41:56
  We met regroup if there is restitution but I'll leave that
• 2:41:59
  to the state and you'll need to work with Georgia, Probation to
• 2:42:05
  figure out the paperwork, you need to do through icons to get
• 2:42:08
  your case transferred, to West, Virginia, the possibility to get
• 2:42:12
  restitution way because right now I have nothing.
• 2:42:16
  I all my money went to Having my ex-wife.
• 2:42:22
  Very, so two things one. I'm sorry about the burial to
• 2:42:26
  what I'm going to do is wave your probation supervision fees,
• 2:42:31
  that's something different than restitution.
• 2:42:33
  I'm gonna waive, your probation supervision fees for the first
• 2:42:37
  two months while you get back on your feet.
• 2:42:38
  You may already be back in West Virginia by then, but if you're
• 2:42:42
  still in Georgia, you'll not have to pay the supervision fees
• 2:42:45
  for the first two months. Restitution is different.
• 2:42:48
  I don't know that we'll have the hearing, but if we do, you would
• 2:42:52
  have the opportunity to present your ability to pay.
• 2:42:55
  So the state would have to prove up amounts owed.
• 2:42:58
  How much it cost to fix the window?
• 2:42:59
  We were, we lost these toys, whatever it would be.
• 2:43:02
  I'm gonna make a number up, that's a 1000 bucks.
• 2:43:05
  You're not expected to write then stroke, a check for 1,000
• 2:43:09
  bucks, you would pay as you are able over time as you are
• 2:43:12
  earning supporting your family Etc.
• 2:43:14
  So it's something you'd be obligated to pay but not all at
• 2:43:19
  once and it never. Results in you going back to
• 2:43:21
  jail. We don't do it that way, but if
• 2:43:24
  you are spending money on fancy new cars, we might say, you know
• 2:43:27
  what, you can't do that anymore. You got to pay 100 bucks a week,
• 2:43:31
  going forward to do that, but that's only if we end up having
• 2:43:34
  the restitution hearing and I don't know that we will.
• 2:43:36
  Okay, this would anything else. Thank you, Miss Smith, thank
• 2:43:41
  you. All right, you're gonna need to
• 2:43:43
  report to probation within 48 hours after your release Ms.
• 2:43:48
  Simpson, who was with probation is going to come, talk to you
• 2:43:50
  about that. Because if you're going straight
• 2:43:52
  to Rome, she'll let you know where in Floyd County, the
• 2:43:55
  probation office is He is oh, I meant to ask you.
• 2:44:02
  These are old convictions, but he's you're on probation and
• 2:44:05
  Floyd County. Probation.
• 2:44:10
  Okay, it must have been a short, piecey state.
• 2:44:21
  Government of 28 section got it and when you completed it, oh
• 2:44:25
  well Mr. Bradford, you weren't quite candid with me.
• 2:44:28
  You made it sound like man. It took forever to get to Fulton
• 2:44:31
  because it was a long trip from West Virginia, but you had
• 2:44:34
  another stop know because when I was told, I was a future for
• 2:44:38
  Fulton County, not for Floyd County, because my probation was
• 2:44:41
  finished and Floyd County. Well, I guess they saw
• 2:44:45
  differently and you spent some time up there, don't change
• 2:44:47
  anything here, but it sounds like, you know, where probation
• 2:44:50
  is employed. Yes, I know where probation is.
• 2:44:52
  That's where you need to go within 48 Hours of your release.
• 2:44:55
  That's it. When in Rome, friends, winning
• 2:45:03
  Rome, let's go back to Ohio and JoJo Donald
• 2:45:34
  His answer was the effect of well not really or something
• 2:45:37
  like that and I asked him. What occurred and he really
• 2:45:41
  didn't seem anything. Yes, sir.
• 2:45:43
  So Why don't we do this before, we?
• 2:45:47
  Because a week, if you're going to plead guilty, we have to go
• 2:45:50
  through the Acknowledgment and waiver of Rights once again and
• 2:45:56
  then get to the facts of what occurred.
• 2:46:00
  In order for there to be finding a guilty.
• 2:46:02
  So, Why don't we do this? Why don't we preliminarily have
• 2:46:06
  you tell me because you wrote something down?
• 2:46:09
  What occurred and then we'll see if we go forward with the
• 2:46:12
  acknowledgment waiver of Rights. So why don't you tell me
• 2:46:16
  whatever it is? You want to tell me?
• 2:46:19
  Yes, you're on today. I'll write this letter to
• 2:46:22
  honorable Judge and understanding.
• 2:46:24
  That's a day. I will be answering Goods.
• 2:46:26
  He plea of judgment. On July 25th and moment,
• 2:46:29
  absolute fairing panic. I made the Roman decision
• 2:46:32
  operating my vehicle and very dangerous to speed.
• 2:46:34
  I'm not realize that no matter how Freight I was that doesn't
• 2:46:38
  excuse, my actions. I want to take full
• 2:46:41
  responsibility for my. Laps and judgment your honor.
• 2:46:45
  I want to express deep remorse to law enforcement officers and
• 2:46:49
  everyone else who were involved or could have been involved.
• 2:46:52
  And just incident, I take full accountability from my laps and
• 2:46:55
  judgment on. You know, our next time it is
• 2:46:57
  best to stop and follow the rules of traffic and law.
• 2:47:00
  Thank you for your time, respect for the College Plan.
• 2:47:03
  Okay, so Mr. Bland so this Panic set in when you saw that they
• 2:47:06
  were trying to pull you over. Yes sir.
• 2:47:08
  Okay. All right.
• 2:47:10
  How how old are you 24 and how far did you go through school?
• 2:47:15
  High school. Are you a US citizen?
• 2:47:18
  Yes, sir. And you're able to read write
• 2:47:20
  and understanding the English language.
• 2:47:21
  Yes, sir. Prior to come in here in the
• 2:47:24
  last 48 hours. If you take any drugs, alcohol
• 2:47:27
  or any prescription medication? No sir.
• 2:47:31
  Have you ever been diagnosed with?
• 2:47:32
  No, sorry. No, you got a copy of this
• 2:47:36
  charge, right? This invite me.
• 2:47:38
  Yes. Do you have any questions about
• 2:47:42
  it? I'm sorry before I accept your
• 2:47:44
  guilty, plea and I need to determine that, you know, and
• 2:47:47
  understand the constitutional rights, you'll be waving the
• 2:47:51
  consequences of your guilty, plea and the maximum penalty I
• 2:47:54
  could give you and I need to be satisfied that she pleased being
• 2:47:57
  made freely knowingly. And voluntarily.
• 2:48:00
  So I'm going to ask you questions.
• 2:48:01
  If you don't understand a question, stop me.
• 2:48:04
  If you want to talk to Mr. Mulkey, some more, let me know
• 2:48:07
  that and I'll give you more time.
• 2:48:09
  Do you understand that? Yes, sir.
• 2:48:11
  You have a constitutional right to have a trial either to me or
• 2:48:15
  to a jury of 12 Lake County Citizens.
• 2:48:17
  Do you understand that right? Yes.
• 2:48:18
  Are you waving that, right? Yes, if you go to a jury trial,
• 2:48:22
  all 12 members must agree, to a guilty verdict before you can be
• 2:48:25
  found guilty. Do you understand that right?
• 2:48:27
  Yes, sir. Are you waving that, right?
• 2:48:29
  Yes. If you go to trial, the
• 2:48:31
  prosecutor will call witnesses to testify against you?
• 2:48:34
  Do you want to understand that the prosecutor has to prove you
• 2:48:36
  guilty Beyond A Reasonable Doubt at a trial?
• 2:48:39
  Yes, after the Witnesses are done.
• 2:48:41
  Testifying for the prosecutor. You have the constitutional
• 2:48:44
  right to have your lawyer cross exam on the witnesses.
• 2:48:46
  Do you understand that right? Yes, sir.
• 2:48:48
  Are you waving that way? Yes, if you go to trial of the
• 2:48:52
  right to have witnesses, come here and testify for you.
• 2:48:54
  Do you understand that right? Yes, sir.
• 2:48:56
  Are you waiting there, right? Yes.
• 2:48:57
  If those Witnesses refused to come to court and I'll issue an
• 2:49:00
  order. That's called a subpoena to make
• 2:49:02
  them come here and testify. You want to understand that,
• 2:49:04
  right? Yes, sir.
• 2:49:05
  Are you waiting that, right? Yes.
• 2:49:07
  You have the right to testify a trial if you want to.
• 2:49:10
  Do you understand that, right? Yes.
• 2:49:12
  Are you waving that right? Yes, you have the constitutional
• 2:49:15
  right to not testify trial, if you do not want to do you
• 2:49:18
  understand that, right? Yes.
• 2:49:19
  Sir. Are you waiting that, right?
• 2:49:21
  Yes. If you decided not to testify a
• 2:49:24
  trial, nobody is allowed to comment on that decision.
• 2:49:26
  Do you understand that? Yes, sir, if you go to trial on
• 2:49:30
  your phone guilty of the right, to appeal, the guilty, finding
• 2:49:32
  do you understand that, right? Yes, sir.
• 2:49:34
  Are you waving that right? Yes.
• 2:49:37
  If you file an appeal, you have the constitutional right to have
• 2:49:39
  a lawyer represent you in the appeal.
• 2:49:41
  Do you understand that right? Are you waving that, right?
• 2:49:44
  Yes. If you could not afford to hire
• 2:49:46
  a lawyer, one will one would be provided at no cost to you.
• 2:49:49
  Do you understand that? Yes, sir, if you found appeal,
• 2:49:52
  you're entitled to get a transcript of all the hearing.
• 2:49:54
  And this case, you understand that right?
• 2:49:56
  Yes, sir. Are you waving that, right?
• 2:49:58
  Yes. If you could not afford, a copy
• 2:50:00
  of the transcription to you free of charge.
• 2:50:03
  Do you want to understand that? Yes, sir.
• 2:50:05
  If you click guilty today, you do not have the right to appeal
• 2:50:08
  the guilty. Finding do you understand that?
• 2:50:10
  That's our, do you have any questions about any of these
• 2:50:12
  rights? No.
• 2:50:13
  Sorry. You still want to plead guilty
• 2:50:15
  to this chart? Yes, sir.
• 2:50:17
  If you want to understand by pleading guilty, you're fully
• 2:50:19
  admitting your guilt to the charge.
• 2:50:21
  Yes. You understand by pleading
• 2:50:23
  guilty to the spelling of voluntarily giving up your
• 2:50:26
  freedom for whatever period of time, I could sense you to
• 2:50:28
  prison to jail or to Community Control.
• 2:50:32
  Yes, sir. No, this feeler to comply with
• 2:50:34
  the water or signal of a police officer, is a felony of the
• 2:50:37
  third degree. It carries these 60 month
• 2:50:39
  maximum prison sentence. And a 10,000 dollar maximum find
• 2:50:44
  you, understand that? Yes, sir.
• 2:50:51
  The class two is at a three to life.
• 2:50:54
  Yes, around you understand that? The conviction on this case
• 2:51:00
  would carry a driver's license suspension of at least three
• 2:51:03
  years up to your lifetime. Yes, sir.
• 2:51:05
  You want to understand if a prison term is imposing.
• 2:51:08
  This case, you might have to serve a period of post-release
• 2:51:12
  control as part of your sentence for up, to two years under the
• 2:51:15
  Parole Authority. Yes, sir.
• 2:51:18
  If you were placed on post-release control and
• 2:51:20
  violated any conditions of Parole Authority, could return
• 2:51:23
  to the prison for the nine months.
• 2:51:24
  For each violation up to one half of my sentence, do you
• 2:51:27
  understand that? Yes, sir, if the violation Maury
• 2:51:30
  new felony, then you could get an additional consecutive prison
• 2:51:33
  sentence for the violation. Do you understand that?
• 2:51:35
  Yes, if that would have the maximum prison sentence for
• 2:51:39
  that, finally should be either 12 months or the time left under
• 2:51:43
  Post Release Control. Whichever is more.
• 2:51:45
  Do you understand that? Yes, sir.
• 2:51:48
  Do you understand that? If a prison term is imposed, in
• 2:51:50
  this case, you would be eligible for judicial release.
• 2:51:54
  That's our, I could place you on community control for up to five
• 2:51:57
  years but if you violated any conditions, I could send you to
• 2:52:01
  prison for 60 months, do you understand that?
• 2:52:03
  Yes, sir. Has anybody promised you?
• 2:52:05
  That I would be lenient on you just because you're pleading
• 2:52:08
  guilty today. No sir.
• 2:52:09
  Has anybody promised you? What I will send you to in this
• 2:52:12
  case. No sir.
• 2:52:13
  You understand. I do not have to follow the
• 2:52:15
  sentencing recommendation of either the prosecutor or your
• 2:52:18
  lawyer. Yes, sir.
• 2:52:19
  Have you had enough time to talk to Mr?
• 2:52:21
  Mulkey, before pleading guilty today.
• 2:52:23
  Yes, as he discussed everything about your case and answered all
• 2:52:26
  of your questions. Yes, sir.
• 2:52:28
  Are you satisfied with the advice?
• 2:52:30
  He is giving you yes. Have you been threatened or
• 2:52:33
  coerced in any way to plead guilty?
• 2:52:35
  Today? Those are you freely knowingly
• 2:52:37
  and voluntarily entering your guilty plea.
• 2:52:40
  Yes sir. Do you have any questions at
• 2:52:42
  this point in time? No.
• 2:52:43
  All right, Miss Bell. Mr. Bland into the key at the
• 2:52:49
  start of this hearing the activity, he engaged in.
• 2:52:51
  Does that satisfied the state that that those facts is recited
• 2:52:55
  by Mr? Bland would result in a Guilty
• 2:52:58
  verdict is shown a trial, I believe.
• 2:53:00
  So your honor, a state would just added the operation of that
• 2:53:02
  motor vehicle causes a substantial risk of serious,
• 2:53:05
  physical harm to persons or property.
• 2:53:07
  All right. Mr. Bland based on your
• 2:53:11
  recitation with what Miss Bell added.
• 2:53:15
  What is your plea to the charge of failed to comply with the
• 2:53:18
  order or signal of a police officer application?
• 2:53:23
  Bob, would you find out? Maria had a date of 415 but that
• 2:53:28
  was, as of early last week. So we'll probably going to have
• 2:53:33
  to move it back. Yeah, maybe a week or so.
• 2:53:47
  Signature here, 3126. Simon say, Okay, Mr. Bland is
• 2:54:38
  this your signature on the written plea of guilty?
• 2:54:40
  Yes, sir. And did you sign it?
• 2:54:43
  Voluntarily? Yes.
• 2:54:47
  And you want me to accept you already please guilty?
• 2:54:50
  Yes, sir. So we pleaded guilty.
• 2:54:54
  Mr. Land was present. With Mr. Mulkey, advised valve
• 2:55:00
  is rights and nobody intelligent voluntary, waiver He understands
• 2:55:04
  the nature of the charge of consequences of his guilty, plea
• 2:55:06
  in the maximum penalty trying to be knowing intelligent,
• 2:55:09
  volunteer, will accept the plea of guilty and find him guilty of
• 2:55:12
  fair to comply. With the order or signal of a
• 2:55:15
  police officer, he felony of the third degree.
• 2:55:18
  And refer this for a presents report.
• 2:55:27
  He sensing will be. April 15th.
• 2:55:36
  And I think, 2 p.m. Little, Bob comes back.
• 2:55:45
  Just yesterday. That that's a new day, right?
• 2:55:47
  Okay. All right.
• 2:55:48
  Yeah, for 4:15 or 2:00 and the binders continued.
• 2:55:55
  Anything else on this belt. Nothing.
• 2:55:57
  Thank you. Smoking know.
• 2:56:00
  You're honor. Thank you.
• 2:56:00
  Okay, we're drinking. Okie dokie, friends.
• 2:56:05
  Join us tonight, right here on this channel for sidebar, APM
• 2:56:09
  Eastern, 5 p.m. Pacific.
• 2:56:10
  We will be talking about streaming.
• 2:56:13
  Ha live courtrooms here on YouTube.
• 2:56:16
  Is it fair? Is it right?
• 2:56:17
  Do people complain too much about it?
• 2:56:20
  Do they have a point? All those kind of things will be
• 2:56:22
  discussed. This is kind of off the back of
• 2:56:25
  Judge, Boyd losing her primary in part actually probably in
• 2:56:30
  hole because her opponent was screaming.
• 2:56:33
  Bloody murder about her streaming her court.
• 2:56:36
  So that'll kind of be the jumping off play for tonight's
• 2:56:39
  discussion so be sure to join us.
• 2:56:40
  I think that'll be fun. Also, in the fourth hour, the
• 2:56:45
  bottom half of the fourth hour. So about 45 minutes from now, we
• 2:56:49
  will be having a little bit of a discussion on a story.
• 2:56:53
  I brought you a couple of days ago if you'll recall, we talked
• 2:56:56
  about a set of kids who tp'd a teacher's home.
• 2:57:03
  And the teacher came out to pursue them and he found the
• 2:57:07
  street and got run over by one of the kids fleeing in their
• 2:57:10
  automobile and was killed while there's been a development.
• 2:57:14
  So we're gonna talk about that in the bottom of the fourth hour
• 2:57:17
  because It got interesting. Anyways, not that was an
• 2:57:22
  interesting before, but even more.
• 2:57:23
  So now, anyways, let's go back to judge McBurney new
• 2:57:27
  contestant. it's beautiful. It's not sensitive community.
• 2:57:42
  All right. Good morning, Mr. Rhodes.
• 2:57:45
  Somewhere in Mr. Mabank, how you doing?
• 2:57:47
  Okay, I'm blessed. I woke up this morning and I
• 2:57:50
  didn't wake up me, too. So we're on the same footing
• 2:57:53
  there. Mr. Rhodes.
• 2:57:55
  Mr. Jerome tells me that you are prepared to interpret.
• 2:57:59
  Please. Not just in one but both your
• 2:58:01
  cases now, is that correct? Yes, it sounds like we have a
• 2:58:03
  global resolution as we call it. Okay, that's 24 SC, 006456 and
• 2:58:10
  25 CE 005983. The two different prosecutors
• 2:58:16
  involved in the case. And just so, you know, it sounds
• 2:58:19
  like Miss Smith looks like Miss Smith, because she seated here.
• 2:58:21
  Will be asking you most of the questions Ms. Reese, who is
• 2:58:25
  standing to your left, may have questions for you.
• 2:58:28
  She's handling the case involving the cruelty to
• 2:58:31
  animals, but it may be, she's simply relaying to me what she
• 2:58:35
  believed, the facts are in that case.
• 2:58:37
  Just so you know, the two different players for the state
• 2:58:40
  because your case, It within that office.
• 2:58:45
  All right. Miss Smith will put you under
• 2:58:48
  oath. Once you're under oath please
• 2:58:49
  answer all the questions. Truthfully if at any point you
• 2:58:52
  need to speak with Mr. Jerome privately let me know and if any
• 2:58:56
  point you have questions, let me know.
• 2:58:57
  Yes, sir. Miss Smith.
• 2:58:59
  Thank you, judge Mr. Rhodes, please raise your right hand.
• 2:59:03
  Do you swear or affirm that the testimony?
• 2:59:05
  You shall give of the matter currently?
• 2:59:07
  Before this court will be the truth.
• 2:59:08
  The whole truth and nothing, but yeah.
• 2:59:11
  Okay, you can lower your hand. Please take your true,
• 2:59:14
  correcting legal name. Carry on Mario.
• 2:59:16
  Are you at this time taking or in the influence of any alcohol?
• 2:59:20
  Drugs or medicine? Oh yeah.
• 2:59:22
  Is there any medication that you would normally take that you
• 2:59:25
  haven't been given today? No.
• 2:59:27
  How old are you and how far have you gone in school?
• 2:59:30
  22 years old. And he became the 12th grade
• 2:59:36
  year. Did you do you have your GED or
• 2:59:38
  you must got into your senior year?
• 2:59:40
  Yeah, I got it to my senior year.
• 2:59:42
  Okay? Are you able to read write and
• 2:59:45
  understand the English language does my?
• 2:59:48
  Do you understand that? You have the right to the guilty
• 2:59:51
  or not guilty to these charges? And if you plead not guilty or
• 2:59:54
  remain silent, you may receive a jury trial.
• 2:59:56
  Yes, ma'am. Have you had enough time to
• 2:59:58
  speak with your attorney? About all of the facts and
• 3:00:00
  circumstances known to you regarding the indictment?
• 3:00:03
  Yes, ma'am. Do you need more time to discuss
• 3:00:06
  your case with your attorney know?
• 3:00:07
  And are you satisfied with these Services management?
• 3:00:11
  Council. Are you satisfied that your
• 3:00:13
  client has a full understanding of this proceeding?
• 3:00:15
  Yes. Also do you waive the formal
• 3:00:18
  reading of the indictment in any and all the defects in the
• 3:00:21
  indictment for the purposes of this, please?
• 3:00:22
  Yes. Mr. Rose, do you remember being
• 3:00:26
  arrested on these charges? Yes, ma'am.
• 3:00:29
  The state is unaware of any outstanding.
• 3:00:31
  Warrants related to these charges.
• 3:00:32
  Are you or your attorney aware of any outstanding warrants?
• 3:00:35
  Know. Do you understand that?
• 3:00:39
  This is a negotiated plea for both cases, which means that the
• 3:00:42
  state will recommend to the court, a global sentence of 10
• 3:00:45
  years to serve one with the balance probated.
• 3:00:47
  Yes. Ma'am.
• 3:00:48
  Are you aware that? The court does not have to
• 3:00:50
  accept that recommendation? And that the court can sentence
• 3:00:53
  you to the maximum on these charge and can run those
• 3:00:55
  sentences consecutively? Yes.
• 3:00:57
  Wow You understand that? If you're placed on probation of
• 3:01:02
  any kind, you cannot violate any criminal laws of any
• 3:01:05
  governmental unit or any special conditions of probation without
• 3:01:08
  being subject to replication for the balance of the sentence as
• 3:01:12
  well. Do you understand that this is a
• 3:01:15
  guilty plea which is permanently recorded on your criminal
• 3:01:17
  history. Here's my You also understand
• 3:01:20
  that if you charged with the crime in the future, that this
• 3:01:22
  plea may be used to enhance that sentencing.
• 3:01:24
  Even on the federal case. Yes, ma'am.
• 3:01:28
  Are you currently on probation? No man.
• 3:01:30
  Are you a United States citizen? Yes ma'am.
• 3:01:33
  Do you understand that there may be other adverse or unfavorable
• 3:01:36
  consequences as a result of this guilty?
• 3:01:38
  Plea conviction just as there would be following a conviction
• 3:01:41
  from a trial for example. For example, you're guilty, plea
• 3:01:45
  may affect your right to vote the rights of Hope, public
• 3:01:47
  office, the right to serve on a jury, the rights of obtain, a
• 3:01:51
  passport, or your ability to obtain employment.
• 3:01:54
  Yes. Ma'am.
• 3:01:56
  Do you also understands about pleading guilty to a felony?
• 3:01:58
  You cannot use receive possess transport, or own a firearm and
• 3:02:04
  that if you did, you could be charged with another felony
• 3:02:06
  offense. Yes, ma'am.
• 3:02:08
  Do you understand that you waive any and all defenses?
• 3:02:11
  Including any mental health defenses by answering this
• 3:02:13
  guilty? Yes, ma'am.
• 3:02:16
  Do you understand about pleading, guilty?
• 3:02:18
  You're giving up the following rights the right to a trial by
• 3:02:21
  jury. The right to remain silent and
• 3:02:23
  not incriminate yourself. The right to see and hear the
• 3:02:26
  witnesses called to testify against you, the right to the
• 3:02:29
  assistance of counsel either hired by you, or court,
• 3:02:32
  appointed, you cannot afford an attorney.
• 3:02:34
  The right to the presumption of innocence, which means that the
• 3:02:37
  state must prove Beyond a reasonable doubt that you're
• 3:02:39
  guilty of these charges. The right to testify on your own
• 3:02:42
  behalf or remain silent. The right to present other
• 3:02:46
  evidence of your own and call your own Witnesses and the right
• 3:02:49
  to appeal that convicted of these charges after a trial.
• 3:02:51
  Yes, ma'am. So are you satisfied that your
• 3:02:54
  client understands that these are the rights that they'll be
• 3:02:57
  waving by entering this guilty plea.
• 3:02:58
  Yes. Mr. Rose Has anyone forced
• 3:03:01
  threatened or promised? You anything to get you to enter
• 3:03:03
  into this guilty? Plea know.
• 3:03:06
  As to indictment 24 s c, zero, zero six, four five, six.
• 3:03:12
  How do you please account one? Driving fleeing and attempting
• 3:03:16
  to elude, count to death by receiving stolen property count,
• 3:03:20
  three willful obstruction of law enforcement officers and count
• 3:03:24
  four driving without a valid license.
• 3:03:29
  Good. Regarding indictment, number 25,
• 3:03:32
  SC 0, 0, 5 9 8 3, how do you please account?
• 3:03:38
  One. Aggravated assault.
• 3:03:39
  Count to aggravated cruelty to animals, count three, possession
• 3:03:44
  of a firearm or knife during the commission.
• 3:03:47
  Hold on one second. Okay.
• 3:03:55
  I'm sorry. Yeah that that's just so in the
• 3:04:01
  indictment ending in nine eight three, the state is dismissing
• 3:04:07
  count four, Reckless conduct and count five discharge of a
• 3:04:13
  firearm near a public highway. So the two misdemeanors, the
• 3:04:16
  state is dismissing. Thank you.
• 3:04:20
  You're welcome. And I'll just repeat the last
• 3:04:24
  one that number 25, SC 0, 0. 5, 9 8 3, how do you please
• 3:04:28
  account? One?
• 3:04:29
  Aggravated assault. Count to aggravated cruelty to
• 3:04:32
  animals and count. Three possession of firearm or
• 3:04:35
  knife during the commission of Orem to commit certain felonies.
• 3:04:39
  Yes. Is this guilty plea freely,
• 3:04:42
  involuntarily, giving with full knowledge of the charges against
• 3:04:45
  you? Yeah.
• 3:04:47
  Do you understand that you do not have a right to appeal from
• 3:04:49
  your guilty conviction but if you believe that there has been
• 3:04:52
  some type of era you can apply to the appropriate Appellate
• 3:04:55
  Court to request a discretionary appeal.
• 3:04:57
  Yes ma'am. Do you understand that this has
• 3:05:00
  to be completed within 30 days from today?
• 3:05:02
  Yes, ma'am. Do you understand that you have
• 3:05:05
  only four years from today for felony charge and 12 months from
• 3:05:08
  today, for misdemeanor charge to file a habeas, corpus petition
• 3:05:11
  challenging, the voluntary of this plea?
• 3:05:14
  Yes ma'am. Thank you, Mr. Rose Yonder
• 3:05:17
  regarding indictment ending in six, four, five, six.
• 3:05:19
  If this case, worth the proceed to trial, the state would show
• 3:05:22
  that on February 18th 2023 around 11:30, p.m.
• 3:05:27
  Corporal. Brian as b, y r, n e.
• 3:05:31
  Receive the flock hate notification for a stolen white
• 3:05:34
  Kia. Forte in the area of Washington
• 3:05:36
  Road in Desert Drive, that is in Atlanta Georgia.
• 3:05:39
  And also, in Fulton County while the officer was canvassing, this
• 3:05:43
  area, he didn't notice that white key of forte and initiated
• 3:05:47
  a stop based on that block hit. When the officers are put on
• 3:05:50
  their lights to vehicle begins to Fleet and started to drive on
• 3:05:53
  the wrong side of the roadway and also down Mount Olive Road.
• 3:05:57
  That road had a dead end. So when the car got up on the
• 3:06:02
  dead end, the driver who was identified as the defending
• 3:06:05
  Kyrie Rose, he drove through the gate of the house.
• 3:06:07
  That was at 3177 Mount Olive Road at that time.
• 3:06:11
  Mr. Rows and three other occupants of the car got out and
• 3:06:15
  started. Is a plea on foot Mr. Rose was
• 3:06:18
  found during this foot race and he was placed under arrest for
• 3:06:23
  the charges. We have in front of us, the car
• 3:06:27
  was confirmed that it was stolen through gcic and also that
• 3:06:33
  blockade that the officers were able to receive and was able to
• 3:06:37
  and that's the reason why they pulled over the car but those
• 3:06:39
  are the facts and circumstances regarding the case in Regarding
• 3:06:43
  the facts in this case. And then, as previously stated
• 3:06:45
  for the charges we have here, it would be a global offer of 10
• 3:06:49
  years to serve one. Did you want me to break down
• 3:06:51
  the sentences for each count? I think I can do that.
• 3:06:56
  Well, let me make sure The, it's a felony for count one and then
• 3:07:07
  the other two and count to the stolen car and then two
• 3:07:11
  misdemeanors. Okay, got it.
• 3:07:14
  No, like to do now is here from his Reese, about the factual
• 3:07:17
  basis for the case ending in 983.
• 3:07:23
  And I need you to be near microphone because Ms. Rivers
• 3:07:26
  couldn't hear you. So you can either take seat in
• 3:07:31
  the middle of the prosecution table or that's probably your
• 3:07:34
  best. Bet.
• 3:07:35
  Thank you. The judges, in this case, went
• 3:07:40
  to trial state would expect the evidence to show that on March.
• 3:07:43
  The 3rd of 2025 East Point. Police Department were called to
• 3:07:47
  1420 Pine Avenue, in Fulton County, regarding a dog being
• 3:07:52
  shot. When the officer arrived on the
• 3:07:54
  scene, he talked to Akeisha, Graham, who is the victim of the
• 3:07:57
  AK assault. She told him that she had been
• 3:08:01
  inside her house there at 1420 Pine Avenue and she had two dogs
• 3:08:06
  outside in the yard. She heard a commotion going
• 3:08:09
  outside on outside. So she went out of the residents
• 3:08:12
  and observed, one of her dogs outside of the fence.
• 3:08:17
  Somehow that all gotten out. Evidently had bitten someone.
• 3:08:20
  So she got that dog and brought it back into the house.
• 3:08:25
  Shortly after that, she was confronted in the house by
• 3:08:29
  someone that she recognized from the neighborhood who turned out
• 3:08:32
  to be the defendant in this case, She didn't know his name,
• 3:08:35
  but she knew who he was. She stated that he had come on
• 3:08:39
  to the property armed with a firearm demanding, to see the
• 3:08:43
  dog that had bit. And the other individual, he was
• 3:08:46
  declaring that he was there to kill it for attacking his
• 3:08:49
  girlfriend. He pointed the firearm at her
• 3:08:52
  and she got scared and ran back in the house and she heard three
• 3:08:56
  gunshots. When she later went out in the
• 3:08:58
  yard, there was one of her dogs, not the one that had gotten out
• 3:09:03
  earlier but a dog that was chained up in the yard at least
• 3:09:06
  15 feet from the fence laying down on the ground.
• 3:09:08
  Police. Also observed, the dog dead on
• 3:09:12
  the ground officers showed two dogs or one dog.
• 3:09:15
  One dog. Okay, but it was not the dog.
• 3:09:18
  It was the wrong dog. Not that there's a right dog to
• 3:09:22
  go and shoot. Once I would change one that bit
• 3:09:25
  someone So the police showed the victim.
• 3:09:29
  In this case, a photo of the defendant and she positively
• 3:09:32
  identified him his being the One that pointed the gun at her
• 3:09:36
  judge. judges part of the Senate there, is that possession which
• 3:09:40
  has to be At a consecutive. Okay, but in this case, not the
• 3:09:48
  other case. So yes.
• 3:09:49
  Um, I could make the first two counts five to serve one, and
• 3:09:55
  then the third count five consecutive yes sir, okay,
• 3:09:58
  understood suspended and the conditions of his probation.
• 3:10:03
  Special terms. No cannot possess any guns or
• 3:10:07
  replicas of guns. Cannot own controller possess
• 3:10:11
  any domesticated animals. He has to be gainfully employed.
• 3:10:17
  Take parenting classes. Random drug and alcohol screens.
• 3:10:24
  GED, I believe. He said he had not graduated.
• 3:10:28
  He is to stay away from the location of 1420 Pine Avenue.
• 3:10:34
  And have no contact with the victims, Dexter Whitehead.
• 3:10:40
  And Keisha Graham, at least Dexter on the dog.
• 3:10:48
  Parenting classes. Yes, sir, judge.
• 3:10:51
  Because there were a lot of children around when he was
• 3:10:54
  discharging the gun, okay? Got it.
• 3:11:01
  Are there people here from Miss Graham's family, who want to be
• 3:11:05
  heard, someone's raising a hand. For their people here with Mr.
• 3:11:12
  Rose. Yeah.
• 3:11:13
  That's Mr. Rose's Family. Okay, well, we'll get to that
• 3:11:15
  just a moment. Yes.
• 3:11:16
  Okay, thank you, Ms. Reese, did you have other conditions of
• 3:11:20
  probation? Okay.
• 3:11:25
  Benefiting and of course, to complete a defensive, driving
• 3:11:28
  course, and to maintain gainful and slowly.
• 3:11:34
  Got it. Okay.
• 3:11:35
  And there's no restitution that you're aware of Ode to the owner
• 3:11:39
  of the Kia. Okay.
• 3:11:41
  All right. Miss Stallworth criminal history
• 3:11:44
  info on Mr. Rhodes, please. Three Cycles.
• 3:11:49
  No convictions listed in one FCA in 2025 out of Fulton nothing
• 3:11:54
  further. Thank you.
• 3:11:58
  Mr. Jerome Yes, your honor. Um, in terms of the flea, in
• 3:12:03
  case, there's nothing that we're going to say in regards to that.
• 3:12:05
  We're just asking that the court on except that please.
• 3:12:08
  Negotiated. And turns of the dog case you've
• 3:12:12
  essentially heard the facts. The only additional thing that
• 3:12:14
  would like to add is that even though the dog was on the leash
• 3:12:17
  Mr. Robes didn't know it at the time and the dog actually came
• 3:12:20
  at him. And it was apparently A Very
• 3:12:23
  Long Leash that his dog was on and this is not the first time.
• 3:12:26
  The dogs have been loosening the neighborhood and this is not the
• 3:12:29
  first time that something someone has been by one of their
• 3:12:32
  dogs and they have several dogs. So it's hard to distinguish them
• 3:12:36
  individually though. We felt you know and how we
• 3:12:41
  believe that this is a reasonable complete in this case
• 3:12:44
  and we just accept that the court, accept the plea is
• 3:12:47
  negotiated Appreciate the context.
• 3:12:51
  Is it nonetheless accurate that the dog on a long lead?
• 3:12:56
  Or a short lead was inside a fenced yard into which Mr?
• 3:13:00
  Rhodes had entered. So Mr. Rhodes was in the yard.
• 3:13:04
  He was at the Gate of the yard. He was actually arguing with the
• 3:13:07
  owner of the dog. And would that be the
• 3:13:09
  gentleman's name? I heard, or are you agree with
• 3:13:12
  Miss Graham? Know, that's the gentleman
• 3:13:14
  that's her father. So okay.
• 3:13:17
  I'm my understanding is that Ms. Graham wasn't he never even saw
• 3:13:21
  him his Grand, so, but he was arguing with the gentleman that
• 3:13:25
  was there. And in the dog was basically
• 3:13:28
  running up behind him and because, you know, they normally
• 3:13:31
  have their dogs out on us without a leash.
• 3:13:33
  He was under the impression. Again, that this doll also did
• 3:13:36
  not have a leash on him though, he was in the yard.
• 3:13:39
  The dog was only about five or 10 feet away from that.
• 3:13:43
  So it wasn't as if he, you know, he shot across several homes or
• 3:13:47
  whatever the case may be, but um, and Mr. Role was not in the
• 3:13:51
  yard. He was actually standing at the
• 3:13:53
  gate He was standing at the gate speaking to the owner, but if he
• 3:13:58
  had a fence between him and the dog, I guess, I'm trying to
• 3:14:01
  understand the need to shoot the dog.
• 3:14:05
  The gate was open. Okay?
• 3:14:07
  Yeah, it was open. Okay, got it, Mr. Rhodes,
• 3:14:12
  anything you want to add? That way, he just said, I never
• 3:14:21
  had verbal or visible confrontation with Miss Keisha
• 3:14:26
  Graham. I only verbally spoke to her
• 3:14:28
  father and Mr. Whitehead, is that, am I remember in the name,
• 3:14:31
  okay? And were you a neighbor?
• 3:14:34
  Did you live nearby? I stay.
• 3:14:35
  I stayed down the street on the other side of the neighborhood.
• 3:14:38
  Okay. We all just used to play
• 3:14:40
  basketball right there next to her driveway, he used to have a
• 3:14:43
  basketball goal there, okay? Um, when you get out, will you
• 3:14:48
  be living close to that household?
• 3:14:50
  Do you have a different place to say?
• 3:14:51
  Yeah, I moved to Union City good.
• 3:14:54
  That's gonna make a lot of his simpler, but I was there more
• 3:14:58
  you wanted to say. I don't mean to cut you off
• 3:15:00
  other than your helping me. Understand that you were having
• 3:15:02
  an exchange with Mr. Whitehead. Not with Ms. Graham, yeah.
• 3:15:06
  Okay. When the dust situation
• 3:15:09
  happened, It wasn't, yeah, it wasn't how she was saying, I
• 3:15:15
  never even got to speak to her until she came out passing along
• 3:15:20
  the Thirteen. What, so, whatever, when I had
• 3:15:22
  grabbed my baby mama, we was walking up the street to go to
• 3:15:26
  the hospital. That's okay.
• 3:15:27
  So when you say baby mama, I might say go friend.
• 3:15:30
  This is the, this is the person who got bit.
• 3:15:32
  Yes, and she had to go to the hospital as a result.
• 3:15:35
  She got the dog doing through her breasts and bit.
• 3:15:41
  Do a bone house finger. Okay, and you're saying that's
• 3:15:46
  not the first time. People in your neighborhood, it
• 3:15:50
  had unwelcoming counters with one or both of those dogs.
• 3:15:54
  No sir because he had the dogs for the purpose of being
• 3:16:00
  Protectors of being a progressive.
• 3:16:02
  And he don't have a fence to where he can close it, he just
• 3:16:06
  pull it up. His dogs, run free through yards
• 3:16:09
  so they can burst out whenever. So we ride past on a scooter or
• 3:16:13
  you walk as an adults are outside, they can burst out
• 3:16:16
  whenever they want to. Okay.
• 3:16:18
  Um, and how many times did you shoot the dog?
• 3:16:23
  That I can't I don't recall okay but you're not saying you didn't
• 3:16:26
  shoot the dog, you're just helping me understand a little
• 3:16:29
  bit more. Why you might have thought that
• 3:16:31
  was necessary. Yes sir.
• 3:16:32
  Okay as you think back on it now what could you do differently?
• 3:16:37
  If you found yourself with your girlfriend in that situation,
• 3:16:41
  oh, call law enforcement. That's an approach that let them
• 3:16:46
  deal with it because let's say, what if the officer shoots the
• 3:16:49
  dog? No one's going to jail.
• 3:16:51
  Someone gets sued, but Mr. Rose does doesn't spend 190 days in
• 3:16:57
  jail as a result of that you have a right to be safe and you
• 3:17:01
  have a right to protect your girlfriend, but you got to be
• 3:17:05
  careful about how that plays out.
• 3:17:07
  And it sounds like this is one that the way it broke, it didn't
• 3:17:12
  go real. Well for you obviously didn't go
• 3:17:13
  well for the dog. Okay, well I appreciate you
• 3:17:17
  articulating that that was a thoughtful way of presenting it
• 3:17:19
  and you're not you giving contacts you're not bringing the
• 3:17:22
  whole world. You did some things and the dog
• 3:17:24
  did something. Okay.
• 3:17:27
  It sounds like the knucklehead thing that was going on back in
• 3:17:31
  2023. That's just you.
• 3:17:32
  You can't blame a dog for that one.
• 3:17:34
  No sir. Okay.
• 3:17:35
  All right, how many kids do you have?
• 3:17:37
  Oh, one right now. One right now.
• 3:17:41
  Like, if I were to ask you in three months, how many kids
• 3:17:44
  would you have? I say, probably Oh my mom's
• 3:17:48
  looking back my mama in here. I ain't gonna say that, okay.
• 3:17:53
  Okay. Got it.
• 3:17:54
  All right. Well Mr. Rhodes, I find there's
• 3:17:59
  a factual basis for both your cases.
• 3:18:01
  I understand better. Now that I've heard more about
• 3:18:05
  the second case while Mr. Jerome was needing to work harder on
• 3:18:10
  your behalf to resolve the the case where you discharged the
• 3:18:14
  firearm, which is always a risky thing.
• 3:18:16
  It's tragic that the dog was hit and killed the maybe larger
• 3:18:24
  concern that a lot of people have is that you're shooting and
• 3:18:27
  things are going this way and that way and maybe Mr. Whitehead
• 3:18:30
  gets hit accidentally, you know mean to do it but he's saying
• 3:18:32
  don't what are you doing? And then you hit him in the leg
• 3:18:35
  and he bleeds out and then we're not talking about a cruelty to
• 3:18:38
  animals charged. We're talking about 30 years for
• 3:18:40
  you or life for you. It's just The reason to be super
• 3:18:46
  careful when you put your finger on a trigger because once that
• 3:18:50
  bullet comes out, you don't control what happens and it goes
• 3:18:53
  through Mr. Right? And instead of that, dog, and
• 3:18:55
  Mr. Jerome is very good at what he does.
• 3:18:58
  He's not that good we wouldn't be talking about a year or GED.
• 3:19:02
  It would be how many kids you have.
• 3:19:05
  They're gonna watch, you grow up down and Reidsville, or
• 3:19:09
  something like that, right? And I say that, not this sound,
• 3:19:12
  like, I don't get it. Just so you understand the
• 3:19:14
  stakes that are involved when you pull that thing out.
• 3:19:16
  And now that you're going to have this sentence, they'll be
• 3:19:20
  the double whammy. If you'll be a felon and you get
• 3:19:22
  caught with a gun just in your car, your hand, I need to be
• 3:19:25
  anywhere near it. That's gonna be more jail time.
• 3:19:27
  So, really your gun days are done.
• 3:19:29
  Have a baseball bat or something if a dog's coming at you, but no
• 3:19:33
  more guns. Okay?
• 3:19:35
  I find a factual basis for both, you please, I find that you're
• 3:19:38
  pleased are knowing and voluntary.
• 3:19:40
  Meaning you've understood what we've been talking about?
• 3:19:42
  And no one is forcing you to enter your police.
• 3:19:45
  Do you agree with that? Yes, Mr. Jerome, can we sign
• 3:19:48
  your name? Someone in my office, sign your
• 3:19:50
  name to both indictments? Yes question!
• 3:19:53
  Yes! So another issue is that he's
• 3:19:56
  actually in school he's not working.
• 3:19:57
  So we want to see if you could. It could be work or school.
• 3:20:01
  Get to that. All right.
• 3:20:03
  Yeah well we get to the conditions But we can sign your
• 3:20:08
  name to both indictments. Yes you can and Miss Smith.
• 3:20:10
  Can we sign your name to the indictment ending in four, five,
• 3:20:15
  six and Ms? Reese.
• 3:20:17
  Can we sign your name to the indictment ending in 983.
• 3:20:20
  Okay, and Mr. Rhodes. Can we sign your name to both
• 3:20:23
  indictments? Yes, sir.
• 3:20:25
  All right, in the driving a car, fast and crashing and running
• 3:20:30
  and all that case. Ending in four five, six.
• 3:20:33
  I'm setting you on count one to five years to serve one year
• 3:20:38
  with a balance on probation, count two is five years to
• 3:20:43
  serve, not five years to serve five years probated running
• 3:20:46
  consecutive to count one and counts, three and four are
• 3:20:51
  misdemeanors. And those will both be 12 months
• 3:20:53
  to serve, and they'll run concurrently with count one.
• 3:20:56
  So, that's 10 to serve one balance probated, you'll get
• 3:20:59
  credit for the time, you've been in, which by my math is 191
• 3:21:03
  days. So, over half of the sentence
• 3:21:04
  already special, Conditions of your probation.
• 3:21:08
  In that case, one will be get your GED.
• 3:21:10
  That sounds like you're already trending in that direction.
• 3:21:13
  And then two, you'll need to compete.
• 3:21:15
  A complete, a defensive driving course.
• 3:21:18
  I said in the other case, ending in nine eight three before I
• 3:21:25
  sent you. I forgot to ask Ms. Reese.
• 3:21:27
  Was there any information that you had from either?
• 3:21:32
  Ms? Gram or Mr?
• 3:21:35
  Whitehead that they wanted me to hear.
• 3:21:37
  Okay. Thank you.
• 3:21:39
  You're sentencing. The second case is five years to
• 3:21:45
  serve one year as to count one and two.
• 3:21:48
  Those will run concurrently with each other and then the third
• 3:21:51
  count has to run consecutively and it has to be five years, but
• 3:21:56
  I'll probate that. So that's a total of 10 years to
• 3:21:59
  serve one year. Balance probated that sentence
• 3:22:02
  will run. Concurrently with your sentence
• 3:22:04
  in the other case, special conditions In the case, ending
• 3:22:07
  in 983, get your GED. You can have no pets in your
• 3:22:12
  household. So if you're living with other
• 3:22:14
  people and they had pets, those pets need to not be in the
• 3:22:17
  household. Um this is why you're on
• 3:22:19
  probation, it's not forever but while you're on probation you
• 3:22:23
  need to submit that. What was the drug and alcohol
• 3:22:27
  screen situation? was there a reason for that, you
• 3:22:32
  just seem to be reading the laundry list of stuff and okay.
• 3:22:39
  All right, I'm not gonna include that formations free to do that.
• 3:22:42
  If probation is interacting with you, like these guys acting a
• 3:22:45
  little funny or he smells like weed.
• 3:22:46
  They can get you to take a drug test.
• 3:22:49
  They have that ability throughout probation.
• 3:22:50
  You will need to stay away from both Ms. Graham and Mr.
• 3:22:55
  Whitehead, so if you see them somewhere else, I know you live
• 3:22:58
  somewhere else. Now, you gotta walk away and you
• 3:23:00
  need to stay away from 1420, Pine Avenue.
• 3:23:03
  So if you have family that still lives there, they need to come.
• 3:23:06
  See you. You can't go back to that street
• 3:23:09
  and that neighborhood. And as for the work and school,
• 3:23:12
  you need to be either enrolled as a full-time student or
• 3:23:16
  working at least 20 hours a week while you're on probation.
• 3:23:20
  Okay. I think I covered everything
• 3:23:23
  anything else Miss Smith from the state MS, MR. Jerome, I
• 3:23:29
  think I addressed your concern about what if he is in school
• 3:23:31
  full-time house, he gonna be working full time.
• 3:23:33
  He doesn't need to your work as much as you want, but if you're
• 3:23:37
  not working, you better be a full-time student.
• 3:23:39
  All right? Any questions about any of that.
• 3:23:42
  Mr. Rose. Mmm.
• 3:23:47
  All the question asked. Well, oh, you are.
• 3:23:50
  Can he serve the remaining the remainder of his time?
• 3:23:54
  Because he's already been up in, for over seven months.
• 3:23:57
  He wants to serve the remainder at the county jail.
• 3:23:59
  He doesn't want to be sent to State facilities.
• 3:24:01
  So fair question, I don't control that.
• 3:24:04
  My experience is that typically, when there's less than six
• 3:24:07
  months left on a sentence, you stay put.
• 3:24:10
  But as you know because you're living it, the jail is very
• 3:24:13
  full. And so the sheriff's team is
• 3:24:15
  also looking at who's been sentenced and can we send them
• 3:24:18
  somewhere? There's not a whole lot of
• 3:24:19
  points sending you to Jackson if you're going to just be there
• 3:24:22
  for these are all political offenses and so I send you to
• 3:24:25
  Jackson for five weeks or whatever it might be.
• 3:24:28
  I'm not promising you any exit date.
• 3:24:30
  Other than it won't be more than a total of a year including all
• 3:24:34
  the time you served. So my guess is you'll stay put
• 3:24:38
  but I don't control that yes sir.
• 3:24:40
  All right, thank you Mr. Jerome, that is it for those two cases.
• 3:24:48
  Okie dokie friends. Fulfilling this Channel's,
• 3:24:51
  promise of 9 to 11% more judge, boys.
• 3:24:54
  Let's go there. All right.
• 3:24:56
  Court is calling 2026 cr0. 01908 State versus Salvador Gonzalez.
• 3:25:03
  Can I have parties announced? Great Lopez for the defense and
• 3:25:08
  are you Mr? Gonzalez Council.
• 3:25:10
  Have you received all discovery that your view with your client?
• 3:25:13
  Yes, sir. What will find the state is in
• 3:25:15
  compliance with discovering, Mr. Gonzalez, did you review the
• 3:25:18
  true bill of indictment with your attorney that you
• 3:25:20
  understand it? Council.
• 3:25:23
  Do you waive the reading? Yes, sir.
• 3:25:25
  State, are you perceiving on the indictment as presented?
• 3:25:29
  Mr. Gonzalez, did you review the court at monuments with your
• 3:25:32
  attorney that you understand it inside it and all the
• 3:25:34
  appropriate places? You're charges possession of a
• 3:25:38
  controlled substance ability group, one less than one gram,
• 3:25:41
  that's a state jail. Felony Ranger is anywhere from
• 3:25:44
  180 days up to two years in the state jail, facility, and up to
• 3:25:48
  10,000 dollar fine. If you have plead with the state
• 3:25:51
  court, does not have to follow your plate.
• 3:25:53
  If the court does not follow your plea, and gives you more
• 3:25:56
  than you bargained for the fact that you ended up Lee will not
• 3:25:58
  be used to get you and you will be allowed to withdraw your
• 3:26:01
  plea. Did you understand?
• 3:26:04
  You have a right to jury trial a right for you or your attorney
• 3:26:06
  across examining and confront any Witnesses.
• 3:26:09
  The state recall in the right to remain silent by entering this.
• 3:26:12
  Plea, you're giving up those rights to tend to give up those
• 3:26:15
  rights and enter into the. In this case, You need to speak
• 3:26:20
  up Council, has your client been able to provide you with any
• 3:26:23
  defenses. Yeah.
• 3:26:25
  John, do you believe he has a rational, as well as a factual,
• 3:26:27
  understanding of the charges against him?
• 3:26:29
  Yes, sure. Do you believe he's currently
• 3:26:31
  confident? It was legally saying, at the
• 3:26:33
  time of the offense, I do. Mr. Gonzalez has anyone
• 3:26:37
  threatened you post your place, you in fear to get you to enter
• 3:26:40
  The Plea know? Anyone promise you anything,
• 3:26:42
  other than the plain? Are you satisfied with the way
• 3:26:46
  you've been represented? If you're not a US citizen by
• 3:26:49
  entering this plea, you will be deported denied naturalization
• 3:26:52
  and reentry. Did you understand?
• 3:26:54
  Yes. But we'll find that definitive
• 3:26:57
  has no name. Voluntarily waive, his right to
• 3:26:59
  jury, trial is your view, the plea bargain page with your
• 3:27:02
  attorney that, you understand it.
• 3:27:03
  According to the police punishment is to be assessed at
• 3:27:07
  38 days in the Bexar County Jail on a 1244.
• 3:27:09
  There's an 800 dollar fine and no applications.
• 3:27:12
  Did you understand that to be the police Defence?
• 3:27:15
  It is wrong State. It's your review.
• 3:27:17
  The waiver of a pale paragraph with your attorney.
• 3:27:20
  Did you understand it and sign it in both places.
• 3:27:22
  By signing that you're waiving your right to appeal, the only
• 3:27:25
  items that can be appealed are in pre-trial motions that have
• 3:27:28
  been found heard and ruled upon by the court.
• 3:27:31
  Did you understand? Council of any such motions
• 3:27:34
  noon, then, to the offense, how do you plead guilty, not guilty
• 3:27:37
  or no contest. State in the evidence.
• 3:27:43
  No objections are. All right, stay tuned, maybe
• 3:27:45
  excuse. Did you review the waiver?
• 3:27:48
  And stipulations with your attorney.
• 3:27:50
  Did you understand it? Did you sign it and all the
• 3:27:53
  appropriate places? Again, did you understand?
• 3:27:56
  You have a right to jury trial a right for you.
• 3:28:00
  Or your attorney to cross examine and confront any
• 3:28:02
  Witnesses, the state would call in the right to remain site.
• 3:28:06
  Did you understand that today? The state will be presenting
• 3:28:08
  evidence and the form of witnesses statements and police
• 3:28:11
  reports. But most importantly they'll be
• 3:28:13
  no live. Testimony, did you understand or
• 3:28:16
  find that defendant has known the involuntary waived and
• 3:28:19
  consented to stipulation of testimony and stipulations?
• 3:28:23
  Court will accepting to evidence State's exhibits one and
• 3:28:25
  attachments and review the same. All right, after viewing States,
• 3:29:00
  exhibits one. In touch with court, will find
• 3:29:02
  their sufficient evidence to find you.
• 3:29:04
  Guilty in the court, will find you guilty, very proceed with
• 3:29:06
  sentencing. Yes, sir.
• 3:29:07
  Anything you wish to sample after your client who was just
• 3:29:10
  asked the court to follow the people, bargain agreement,
• 3:29:12
  right? Who is Miss Dennis to you?
• 3:29:15
  Dennis. Personally.
• 3:29:31
  Okay. All right, this quarter is going
• 3:29:38
  to do, the court will find you guilty sentence you to 38 days
• 3:29:41
  in the Bexar County on the in the Bexar County Jail on a 1244,
• 3:29:44
  give you credit for any time sir, there's an 800 dollar fine
• 3:29:48
  time and money for current and there's to be no contact with
• 3:29:51
  Dorothy Dennis. Did you review the document
• 3:29:53
  entitled trial court certification of defendants
• 3:29:56
  rights to peel with your turning?
• 3:29:57
  Did you understand it and sign it?
• 3:30:00
  Because this plea bargain agreement because I followed
• 3:30:03
  your flea, bargain agreement and because you waive your right to
• 3:30:05
  peel, you do not have the Court's permission to appeal
• 3:30:08
  because this is a felony conviction.
• 3:30:09
  You're not allowed to own or possess any weapons or
• 3:30:12
  ammunition. If you have a question over what
• 3:30:14
  that is, you need to speak to an attorney.
• 3:30:16
  Do you understand? All right, we can go out the
• 3:30:18
  record. You're going to have to start
• 3:30:19
  making better choices. If you have a drug issue.
• 3:30:22
  There are plenty of places that can help you.
• 3:30:24
  When you're released from their Bexar County jail, if you can't
• 3:30:26
  find a place, come back here and I'll help you.
• 3:30:28
  All right, good luck to you. Thank you awesome. hopefully,
• 3:30:34
  she's still there to help him, depending on when he gets out
• 3:30:37
  and who Back to judge mom. I mean your own.
• 3:30:54
  Yes, 758 on behalf of installing McDonald's.
• 3:30:59
  Please put your name on the record and Chelsea.
• 3:31:00
  Donald good morning. Great.
• 3:31:02
  And so, today's date scheduled for the probation violation,
• 3:31:06
  your client is on probation for operating while visibly
• 3:31:08
  impaired. Your client was sentenced on
• 3:31:11
  January 13th of 2026, and it's a large on February 9th that she
• 3:31:15
  tested positive for alcohol Council, right?
• 3:31:17
  That's just a matter with. No, I explained to her right to
• 3:31:22
  a hearing. This particular explain to her
• 3:31:26
  what the recommendation of funding.
• 3:31:28
  This court was with that said, you know, she was a complete
• 3:31:31
  guilty to the violation of probation understanding by
• 3:31:34
  entering into this place. She leading certainly
• 3:31:37
  constitutional rights. Is that correct?
• 3:31:39
  Yes. Okay, so ma'am, I'm going to
• 3:31:42
  have you, please raise your right hand.
• 3:31:43
  He saw me swear from the testimony about giving this man
• 3:31:46
  and be the truth. The whole truth and nothing, but
• 3:31:48
  the truth. I'm sorry.
• 3:31:49
  Yes. All right, thank you, please.
• 3:31:51
  Keep your hands out of your pockets and you heard the police
• 3:31:53
  on the record. Correct?
• 3:31:55
  Yeah, I'm sorry. Yes.
• 3:31:57
  Okay, I need you to adjust the microphone because we have to
• 3:31:59
  pick up on everything you're saying for our recording.
• 3:32:01
  Okay. And as to the allegation man
• 3:32:06
  that you test the positive for alcohol on February 9th, how do
• 3:32:10
  you plead guilty? You've gone over your advice of
• 3:32:13
  rights with your attorney, correct?
• 3:32:13
  Yes. And you understand all of those
• 3:32:15
  rights? It's you understand that for
• 3:32:17
  probation violation purposes, that you'll be waiting some of
• 3:32:20
  those rights. Yes, Has anybody promised you
• 3:32:22
  anything threatens you or coercion anyway for you to enter
• 3:32:25
  into a plea? And you understand the possible
• 3:32:28
  penalty as a result of the plate?
• 3:32:30
  Yes. And the recommendation this
• 3:32:32
  matters for you to continue and complete all children's and
• 3:32:34
  probation pay at 50 dollar. Probation violation fee and 30
• 3:32:38
  days on the Alcohol tether and then increased testing that
• 3:32:41
  that's the recommendation. Yes.
• 3:32:43
  Knowing all that. Do you want to continue with
• 3:32:44
  your plea? Yes.
• 3:32:46
  Has anybody promised you? Anything threatened, you or of
• 3:32:49
  course you in any way? If you don't enter into a plate.
• 3:32:51
  No and immigration issues. No.
• 3:32:54
  Absolutely. Please Barney your client.
• 3:32:55
  Thank you, Mr. You were close to probation to this course, so I
• 3:32:59
  correct? Yes.
• 3:33:00
  And one of the terms and conditions of probation was to
• 3:33:03
  test. For oh, and or drugs when
• 3:33:07
  required to Second Works. Yes and on February 9th of 2026?
• 3:33:13
  Did you take a protest if and if it's possibly.
• 3:33:18
  Yeah. And was that?
• 3:33:19
  Yes. Yes.
• 3:33:21
  And you tested positive alcohol. Is that correct?
• 3:33:23
  Yes. And this was in violation.
• 3:33:25
  Oh, you are In terms of condition to probation
• 3:33:29
  stackable. Yes.
• 3:33:30
  And satisfyer. Of course, also satisfied, the
• 3:33:33
  play is knowing volunteering. In fact, the accurate, the court
• 3:33:36
  will accept your plea to the probation violation indicates
• 3:33:39
  that is a violation, number one, and Council, you're as the
• 3:33:45
  recommendation or we have discussed this matter, this was
• 3:33:49
  elapsed by this Donald. She's Contrite.
• 3:33:54
  She understands this was not the way to start her.
• 3:33:57
  Probationary period. Of course, I know that she has
• 3:34:03
  Other areas done, great jobs. But then we see a lot of people.
• 3:34:08
  In other words, she ate across the finest, up, to amount.
• 3:34:13
  She has been taking the class, as she's also schedule for the
• 3:34:20
  Education. That's education class.
• 3:34:23
  It's a big. They will start.
• 3:34:26
  She is remorseful of her as to the recommendations adopted,
• 3:34:32
  however, rather than a alcohol, Heather.
• 3:34:40
  An electric cord is willing to accept that she will test and
• 3:34:45
  cleanly be Explorer and alcohol. I mean for a solar link.
• 3:34:49
  Bye why should I offer your client a silver link as opposed
• 3:34:54
  to the alcohol tether, you're going to be because Miss Donald
• 3:34:57
  works for the US Postal Service. She is a Litter and she's
• 3:35:05
  fearful that this may have some adverse effect from our
• 3:35:08
  employment with the okay. And so man, that's all in your
• 3:35:11
  control. Yeah.
• 3:35:12
  Did you not violated probation? This wouldn't even be an issue.
• 3:35:17
  Syd what so what what happened for why'd you consume alcohol?
• 3:35:21
  Thank you. And a weak moment and just very
• 3:35:25
  impressed. Okay, are you training with the
• 3:35:31
  doctor's are you treating with the doctor for your depression
• 3:35:34
  and I mean it up appointment? Thank you recently.
• 3:35:40
  Right, so that's Tuesday. All right.
• 3:35:53
  Anything else you want to record to know?
• 3:35:55
  here's the tissue underneath the only on there, if you like All
• 3:36:06
  right, the Court's going to do is sobering man just so you're
• 3:36:09
  aware and testing 600 today. So you will be interrupts, your
• 3:36:12
  sleepover interrupted so that you can do your testing.
• 3:36:18
  And then you'll also to increase your random testing as well.
• 3:36:28
  So you're going to then the courts.
• 3:36:29
  We're going to continue your probation, agriculture terms of
• 3:36:33
  Probation, and then you are to Stop it, probation and you'll
• 3:36:39
  get off your information about obtaining soberly and color.
• 3:36:44
  Okay, thank you, ma'am. Thank you.
• 3:36:50
  All right, and let's before we get to the store, I want to
• 3:36:54
  cover. Let's go back to judge Oakley
• 3:36:56
  one more time. Good morning.
• 3:37:00
  Today's date. Time.
• 3:37:02
  September 24th. Can see a chance to try this
• 3:37:07
  location. Yes.
• 3:37:10
  Tell me all about it. It had dreaming. this small
• 3:37:16
  visibly, Eric and failure to the understanding all the four
• 3:37:22
  bringing charges with this news. That young man.
• 3:37:26
  Have anybody with him today? He got your phone number.
• 3:37:36
  Catch him. Make sure he talks to miss about
• 3:37:38
  it before he gets out of here. Where is it?
• 3:37:42
  He's waiting for his notice right now, if you've got
• 3:37:48
  anything that I should know before, I send you to jail, you
• 3:37:50
  talk to him about it. I just threw a Lifeline,
• 3:37:54
  brother. You're welcome.
• 3:37:57
  Go ahead. Cancel.
• 3:38:00
  Go ahead Miss Baker. You.
• 3:38:07
  Did we get to the plea? Yeah, it's very important,
• 3:38:15
  actually. Okay.
• 3:38:16
  Original chargers would be more dear.
• 3:38:18
  Well, I'm a you understand your rights.
• 3:38:22
  There's Dan the options. They give you.
• 3:38:25
  You understand a possible penalties, you're pleading
• 3:38:27
  guilty guilty or no contest, no contact.
• 3:38:29
  You understand? When you say no conscious,
• 3:38:31
  you're saying judge, I'm not fighting those Chargers.
• 3:38:33
  You're doing all that freely involuntarily.
• 3:38:35
  Do you have litigation? Do you have on it?
• 3:38:39
  Do you have an incident report? Because the board here is not
• 3:38:42
  going to work with no contest. I think, Mr. I think the
• 3:38:48
  prosecutor has he done? His phone doesn't do me any
• 3:38:51
  good. I got to have the facts.
• 3:38:54
  I can pass on the file. Yes.
• 3:38:57
  Okay. All right, Miss Baker.
• 3:39:01
  Have a seat. Okie dokie friends.
• 3:39:15
  Let's transition. So I believe it was on Monday.
• 3:39:19
  we talked about, A case out of Gainesville, Georgia. and if
• 3:39:27
  you'll recall, it was incredibly tragic.
• 3:39:33
  So what happened was some kids? We're playing a prank on one of
• 3:39:39
  their teachers I believe it was four of them if I recall
• 3:39:42
  correctly. Maybe it was five, they were all
• 3:39:45
  18. They showed up at the teachers
• 3:39:48
  house to TP it. The teacher.
• 3:39:55
  Saw them. And made a move to intercept
• 3:40:00
  them and in his doing that and running after them, he tripped
• 3:40:05
  and fell into the street. And as the teens were fleeing in
• 3:40:09
  their vehicles, one of them was in a truck and he ran the
• 3:40:12
  teacher over and the teacher was killed.
• 3:40:17
  We have new information, there's a new story on this and I want
• 3:40:22
  to go through it with you. Hey specific attention to the
• 3:40:26
  details at the end of the story. All right, let's pull it up
• 3:40:30
  here. Just to suck on.
• 3:40:35
  Let me pull this back up. All right, so teen charged in
• 3:40:42
  senior prank gone wrong makes vow after teachers death.
• 3:40:46
  A 2 year old Georgia, high school student charged in a
• 3:40:49
  teacher's death is expressing his deepest sorrow after an
• 3:40:52
  annual prank turned tragic. Five, it was five.
• 3:40:57
  Okay, five, North Hall High. Students were arrested after
• 3:41:01
  they arrived in a math. Teacher, Jason Hughes home
• 3:41:03
  carrying toilet paper with plans to carry out the annual plank
• 3:41:06
  plank prank tradition. In which he was the target as
• 3:41:11
  the group went to leave Hughes Gainesville home.
• 3:41:14
  And she's a Vehicles teacher fell on the roadway.
• 3:41:17
  We know these these details. While this issued a separate
• 3:41:21
  statement vowing to live out the rest of his life in a way that
• 3:41:26
  would honor his. I pledged to live out their
• 3:41:28
  minor in my life in a manner that honors the memory of Coach
• 3:41:30
  he's exempt by exemplifying Christ.
• 3:41:34
  We will never be forgotten or he will never be forgotten.
• 3:41:39
  Wallace's family issued, a statement expressing their
• 3:41:41
  sadness regarding the incident. We are a family in deep remorse
• 3:41:46
  and grieving over such tremendous loss in our North
• 3:41:49
  Hall Community walls. His family said in a statement
• 3:41:52
  Jason Hughes month, the world to our son.
• 3:41:54
  Jaden, he took the time to invest in Port is love into him
• 3:41:59
  making lasting impact, along with the rest of the family.
• 3:42:01
  Jay expresses, his deepest sorrow and serious topology to
• 3:42:05
  the Hughes family. Immediately following the
• 3:42:08
  Collision authorities said the students tried to render Aid as
• 3:42:11
  they waited a way to First Responders.
• 3:42:13
  He's later, died from his injuries.
• 3:42:16
  Wallace was subsequently taken into custody and charged with
• 3:42:19
  felony first-degree vehicular homicide and reckless driving
• 3:42:24
  along with misdemeanor charges for Criminal Trespass, and
• 3:42:27
  littering on private property. The other 18 year olds
• 3:42:32
  identified as these people whose names that don't really need to
• 3:42:35
  read were also arrested at the scene, in charged with
• 3:42:37
  misdemeanor, criminal trespassing on private property
• 3:42:40
  file. All five of sun's been released
• 3:42:42
  on bond, In a statement to the New York Times, Hughes wife,
• 3:42:47
  Laura said to the father of two was, this is where I want you to
• 3:42:51
  pay attention. Okay.
• 3:42:54
  He's wife Laura said, the father of two was excited and waiting
• 3:42:58
  to catch them in the act. When the group arrived at his
• 3:43:01
  home. This is a terrible tragedy in
• 3:43:04
  our families, determined to prevent a separate tragedy from
• 3:43:07
  occurring ruining the lives of these students.
• 3:43:10
  This would be counter to Jason's lifelong.
• 3:43:13
  Dedication of investing in the lives of these children.
• 3:43:16
  The married couple both work as teachers at the public school
• 3:43:20
  and the popular prank had turned into an ongoing battle in which
• 3:43:25
  students lost points. If the teacher caught them in
• 3:43:28
  the act, A statement of Fox 5, the schools that our hearts are
• 3:43:35
  broken. Jason Hughes was a loving
• 3:43:37
  husband, of a father passed, a teacher mentor and Coach loved
• 3:43:40
  and respected. I he gave so much to many of us
• 3:43:44
  in numerous ways, our hearts go out.
• 3:43:47
  On and on. But pay attention to that.
• 3:43:52
  A popular prank had turned into an ongoing battle in which the
• 3:43:56
  students lost points. If the teacher caught them in
• 3:43:59
  the act, and, Laura Hughes his wife saying, That he was excited
• 3:44:09
  and waiting to catch them in the act.
• 3:44:19
  That completely changes the tenor of this whole thing for
• 3:44:22
  me. So, I do so much content at this
• 3:44:27
  point. I don't remember which show we
• 3:44:29
  talked about the song. I don't remember if it was
• 3:44:31
  sidebar in the blind or what. But on one of these we touched
• 3:44:35
  on the idea of the quality of people that we turn our children
• 3:44:45
  over to And I'm not trying to. Put a stain on this man's name.
• 3:44:54
  but I raised the point that we turn our children over to
• 3:45:01
  teachers to raise them. Practically.
• 3:45:06
  But we don't pay a whole lot of attention to what it is exactly
• 3:45:12
  that these teachers are doing with these students, we don't
• 3:45:16
  pay attention to the character of these teachers.
• 3:45:19
  We're not giving a whole lot of emphasis and thought into what
• 3:45:25
  goes on on a day-to-day basis, how are they really leading our
• 3:45:30
  children? And my biggest issue here with
• 3:45:33
  this Revelation, is that this was encouraged to behavior.
• 3:45:40
  It was a friendly Behavior. There is not, there's not a
• 3:45:44
  boundary there between student and teacher.
• 3:45:48
  There should have been a clear boundary there.
• 3:45:50
  This never ever should have happened.
• 3:45:52
  No teacher should have ever been encouraging this and in fact the
• 3:45:56
  school Issued a statement a day or two prior to this saying that
• 3:46:01
  we have to be careful about pranks getting out of control.
• 3:46:04
  So the school knew that the stuff was going on the teacher
• 3:46:09
  was excited to be a part of it. And now the teacher is dead.
• 3:46:16
  Now. You can look at that and say,
• 3:46:18
  hey Dan, it's just T-Pain. It's a tragic thing.
• 3:46:21
  I get that but every time you go and take a step into something
• 3:46:26
  that is not, right? You are one step closer to
• 3:46:29
  something that is very wrong, and we see that play out in
• 3:46:33
  these courts all the time. People make one or two dumb
• 3:46:37
  choices and the next thing you know they're popped for
• 3:46:40
  something major. Like a super drunk because they
• 3:46:43
  had a bad day and made the choice to go to the bar and have
• 3:46:46
  one or two drinks that turned into five or six.
• 3:46:49
  Every time you walk towards something that isn't right,
• 3:46:52
  you're one step closer to something that is very wrong.
• 3:46:56
  and it baffles me and it bothers me that The teacher.
• 3:47:04
  At least this one was in on it and excited about it because I
• 3:47:08
  don't believe that that creates an overly.
• 3:47:10
  Great example. for the Utes Michael Daniel we did talk about
• 3:47:18
  this a little bit on in the blind yesterday and after the
• 3:47:21
  show. And you've talked about you
• 3:47:24
  know. The the fact is the school
• 3:47:28
  ostensibly sanctioned this Behavior.
• 3:47:32
  I mean if this was if this was well known across the school,
• 3:47:36
  this was something that other teachers were engaged in
• 3:47:39
  obviously the administration either had to know this was
• 3:47:42
  going on. Or should have known this was
• 3:47:45
  going on if this was such a thing where you know, there was
• 3:47:48
  like a point system and you know, this was this was
• 3:47:54
  obviously something that had been going on for a while.
• 3:47:57
  You know, it's kind of like when we hear about hazing and those
• 3:48:00
  kinds of things that are happening and then everybody
• 3:48:01
  runs and hides and and claims that they knew nothing about it.
• 3:48:05
  But then the more they you investigate the more we find out
• 3:48:08
  that every buddy knew about it and was in on it and it was
• 3:48:11
  like, hey just to write a passage and then the people that
• 3:48:14
  were part of it at one point say, oh come on man.
• 3:48:17
  It's not that big a deal. Yeah, it's not that big a deal
• 3:48:21
  until somebody dies or gets seriously injured.
• 3:48:25
  And now everyone has to play cya.
• 3:48:29
  And that's where we're we're in the cya phase of this.
• 3:48:33
  Now, but I guarantee you, there's going to be litigation,
• 3:48:39
  there's going to be investigations and I I said it,
• 3:48:45
  I don't know if I said it on the air or off the air, or both or
• 3:48:47
  whatever, I lose track to. but I think anybody that had knowledge
• 3:48:52
  of this and and was involved in this kind of behavior, Ada lose
• 3:48:56
  their jobs, Yeah, I think you can make that argument Michael.
• 3:49:01
  It's um It's I I'm having a hard time wrapping my brain around
• 3:49:07
  and again, I know there are people and I've seen the chat
• 3:49:10
  Tim tradition, we did in the 67, I get all of that.
• 3:49:13
  However, this is another example, and I don't know, a
• 3:49:18
  better way to say it than how I just set it a few minutes ago.
• 3:49:20
  If you take one step towards something that is not right.
• 3:49:25
  You're one step closer to something that is very wrong and
• 3:49:28
  I don't think that's the lesson that we're teaching.
• 3:49:31
  Yeah, and let me just say this, there's a big difference between
• 3:49:34
  students, TP a teacher's house, okay?
• 3:49:38
  And students doing that independently and haha, we're
• 3:49:42
  teepee or egging a house, you know.
• 3:49:44
  That's I mean, it's not great. It is vandalism and stuff.
• 3:49:48
  But okay, whatever. But then teachers going, Hey,
• 3:49:54
  I'm gonna lie and wait because tonight is the night.
• 3:49:57
  I know they're coming because this is a thing, you know, it's
• 3:49:59
  our game that we have where we have like a point system and if
• 3:50:03
  I catch them in the ACT, we all I they lose points and we all
• 3:50:07
  have a good chuckle about it. The next morning and, you know,
• 3:50:10
  that's there's a huge difference between the two You know, I I
• 3:50:16
  get it, I get teenagers are going to do teenage things.
• 3:50:19
  This isn't so much about the teenagers.
• 3:50:22
  I mean, yeah, they there's obviously gonna be an
• 3:50:25
  investigation to their role in this teacher's death, but I
• 3:50:28
  think the much larger but that's a symptom of the problem.
• 3:50:32
  The much larger issue is going to be investigating, who else
• 3:50:36
  knew about this and engaged in it and encouraged the behavior.
• 3:50:41
  And you know you could say well it's tping Mike I mean you know
• 3:50:46
  it no one gets hurt TP. Yeah.
• 3:50:48
  Until this person did you know, and and besides that is you said
• 3:50:54
  Dan, it's like, There has to be, and you said this yesterday, I
• 3:50:58
  think after the show too, there has to be a separation between
• 3:51:03
  teacher and student. There has to be like this
• 3:51:06
  boundary that's clearly set. You know, if I saw my teachers
• 3:51:10
  out in the wild, when I was in elementary or middle school, He
• 3:51:13
  said hello and stuff but we didn't hang out.
• 3:51:16
  Okay, we didn't You know, we didn't go to the movies
• 3:51:20
  together. We weren't buddies, my parents
• 3:51:25
  weren't buddies with them. You know, this there was a
• 3:51:28
  boundary there because there has to be a boundary there.
• 3:51:31
  There's supposed to be um, so, you know, that's the other
• 3:51:36
  problem that I have with all of this Yeah, no, that's that's
• 3:51:42
  just it. There's no boundary and and you
• 3:51:45
  know you can say, oh yeah, there's boundaries.
• 3:51:47
  Really look at all of the court cases and there was there was
• 3:51:51
  four separate stories that I could have pulled up today about
• 3:51:55
  teachers. Who did adult things with their
• 3:51:59
  students? Yeah, and I chose not to but I
• 3:52:02
  could I was thinking about bringing up to kind of reinforce
• 3:52:05
  this, but we see this all the time.
• 3:52:07
  So whatever. But but we have teachers and
• 3:52:10
  students Crossing that boundary all the time, it's to the point
• 3:52:14
  where the the boundary is at least blurred at the most no
• 3:52:17
  longer exists. And then we have parents who
• 3:52:21
  have just completely turned over the raising of their children to
• 3:52:24
  this group and I'm not trying to throw teachers under the bus.
• 3:52:27
  I'm really not absolutely but But in the same respect, we have
• 3:52:33
  to have some level of monitoring some level of accountability and
• 3:52:37
  I'm sorry, I'm sorry that teachers are underpaid, I'm
• 3:52:40
  sorry that they're overworked, it sucks.
• 3:52:42
  But if you choose to do that job, you have to be held and
• 3:52:47
  hold yourself to the highest of Standards.
• 3:52:49
  It's just the way it is. And if you can't do it, don't do
• 3:52:52
  the job. And I'm sorry if that sounds
• 3:52:54
  harsh, but we're talking about forming human beings here.
• 3:53:00
  We're talking about young impressionable Minds, that have
• 3:53:03
  to be led in the right direction.
• 3:53:04
  And again, I'm sure there's people out there going well,
• 3:53:06
  Dan, it was just TP, I get it, but it is again.
• 3:53:09
  It's an encouragement of a knot, right Behavior?
• 3:53:11
  Right. That's that's the part.
• 3:53:13
  Not right behavior. And now here we are, that's the
• 3:53:16
  part. That's the problem.
• 3:53:17
  If it was, if this was a story about teenagers TP and the
• 3:53:21
  teacher didn't know about it and and it was just one of those
• 3:53:24
  things and, you know, he ran out there to try and stop him and he
• 3:53:28
  fell, and he died that just be the end of the story.
• 3:53:31
  Tragic kids should be prosecuted.
• 3:53:33
  End of story. Not much to talk about.
• 3:53:36
  We probably wouldn't even bring it up or maybe just as a as just
• 3:53:39
  a sort of oh yeah. And then this happened. but the
• 3:53:43
  fact is that, when it's an encouraged Behavior by adults,
• 3:53:48
  You know, the problem with that too is what kind of message does
• 3:53:52
  that send like? Okay, as we're gonna take off
• 3:53:56
  points, if you get caught, so don't get caught, so it's okay
• 3:53:59
  to do stuff. That's kind of illegal because
• 3:54:02
  again, That's, you know, you could call it vandalism, you
• 3:54:07
  could even call it criminal damage depending on what it is,
• 3:54:10
  you do. We're saying that's kind of,
• 3:54:13
  okay? As long as you don't get caught,
• 3:54:18
  like what kind of message is that sending I guess?
• 3:54:21
  And I'm not, you know, I'm not trying to be the morality
• 3:54:24
  monitor here like, you know, I'm not trying to, you know, bring a
• 3:54:29
  Karen storm in here but it's somebody died and people knew
• 3:54:35
  about all this going on and I don't know, would would I feel
• 3:54:39
  good or let's, you know, those of you that may have a, that may
• 3:54:42
  not think this is such a big deal.
• 3:54:43
  If you sent your kids to that school, Would would this be
• 3:54:48
  something that you were okay with your kids learning?
• 3:54:52
  Especially when starting it big on the soapbox but Here in the
• 3:54:57
  United States. It's not like we're top in math
• 3:54:59
  and science. It's not like we're leading the
• 3:55:01
  world in the most educated people on, you know, globally.
• 3:55:05
  you know, maybe if we spent more time on arithmetic and algebra
• 3:55:09
  and you know on literacy and on history and physics and
• 3:55:16
  chemistry and less time on he did you keep his house, you
• 3:55:21
  know, if we spent you know if we read diverted the the priorities
• 3:55:24
  here or diverted the priorities uh maybe Maybe we wouldn't have
• 3:55:31
  stuff like this happening. I don't know, maybe we'd be
• 3:55:34
  better at globally in education. I don't know.
• 3:55:37
  But that's, that's where I'm at on this Dan and I know I, we
• 3:55:42
  talked about this so much the last few days.
• 3:55:44
  I gotta believe you're kind of there also.
• 3:55:48
  Oh yeah. You said you said, you didn't
• 3:55:51
  want to be the morality police. I will be right as right?
• 3:55:55
  It is just that simple. And I say that as a flawed human
• 3:55:57
  being who makes mistakes every day.
• 3:55:59
  Right? And understands and acknowledges
• 3:56:02
  that everybody else does too. But that does not mean you set
• 3:56:06
  up the behavior. You know, bad behavior, making
• 3:56:10
  bad choices. That's the exception and you
• 3:56:13
  manage and deal with the exceptions.
• 3:56:15
  You don't make it the rule but they set up a damned point
• 3:56:19
  system. It's amazing.
• 3:56:23
  It's The Hazing story all over again.
• 3:56:25
  Just instead of, you know, students, you know, beating each
• 3:56:28
  other, you know, and a coach standing by and watching it's
• 3:56:33
  like encouraging vandalism of property, but it's okay because
• 3:56:38
  the teachers are in on it. Kind of sorta.
• 3:56:43
  But maybe like then you get into the other areas of like well
• 3:56:47
  maybe this teacher's wife wasn't in on it and you know, now her
• 3:56:51
  husband is dead. And now she's having to learn
• 3:56:56
  that her husband was like involved in this kind of a
• 3:56:59
  thing. And now you know, what is a
• 3:57:02
  tragic death to her as being minimized because well he sort
• 3:57:07
  of was involved in this kind of thing and tried to engage in and
• 3:57:13
  and you know, an accident happened and obviously these
• 3:57:16
  kids didn't mean to kill him and that it is still a tragedy
• 3:57:19
  nonetheless. I mean regardless of what we
• 3:57:21
  feel about it, it's still very very sad but You know.
• 3:57:27
  Where what what there's a lot of questions that have to be
• 3:57:32
  answered now. All because people wanted to be
• 3:57:36
  stupid. Yeah, so Tim is clapping back a
• 3:57:44
  little bit in the comments and I don't blame him.
• 3:57:47
  He's saying, you know, there was no malicious intent, right and
• 3:57:51
  and and and I totally agree. There was no malicious intent.
• 3:57:54
  However, Just because there was no malicious intent does not
• 3:57:59
  make it right. and something that that was portrayed
• 3:58:07
  obviously because there was a point system portrayed us to be
• 3:58:10
  good fun or sporting or whatever word you want to put to it.
• 3:58:14
  You know was one step. Into something that was not
• 3:58:20
  right and it ended in a tragedy. But this is this is the lesson
• 3:58:26
  that I wish more and more people would get is every time you make
• 3:58:30
  a step towards something. That isn't right.
• 3:58:31
  You're one step closer to it going haywire. and heaven forbid
• 3:58:36
  that it should ever happen, but it can And here we are.
• 3:58:41
  Now this kid's life, who ran that guy over is forever
• 3:58:46
  changed. Yes, he will carry this with him
• 3:58:48
  regardless of his sentence. Regardless of whatever he will
• 3:58:51
  carry it with him until the day he dies.
• 3:58:55
  That family, you know, that Laura the teachers wife and they
• 3:58:59
  had two children, their lives forever changed and for what.
• 3:59:05
  Right? For a stupid thing, right?
• 3:59:09
  That you know what? If you want to have some kind of
• 3:59:12
  student teacher bonding, find another way, get out onto a
• 3:59:16
  field and go teachers against students and flag football or
• 3:59:20
  something. I don't know.
• 3:59:20
  But this certainly isn't the answer because again, it's one
• 3:59:24
  step into something that is not right, well, and it was off
• 3:59:28
  school property was after school hours, you know, that's the
• 3:59:32
  other thing, you know, because somebody will inevitably say
• 3:59:34
  well, if what if they played flag football and somebody fell
• 3:59:37
  on somebody else and broke their neck or what, you know, But
• 3:59:40
  that's a little that's a lot different.
• 3:59:41
  And again I'm not saying this student, I ran over homogeneous,
• 3:59:45
  right? I'm not saying this student that
• 3:59:47
  ran over the teachers a monster. We know here on TCF we have a
• 3:59:51
  lot of There's a lot of black and white.
• 3:59:53
  Okay, there's a lot of you know, this person did child stuff this
• 3:59:57
  person did murder this person, you know had 32 theft
• 4:00:01
  convictions. You know, that's all just stuff
• 4:00:04
  we can we can put those people in a box and say, okay.
• 4:00:08
  Obviously wrong wrong wrong wrong wrong.
• 4:00:13
  This is one of those that yes, it's wrong.
• 4:00:15
  But it these are not. Absolutely, like the dregs of
• 4:00:20
  society. These are kids that did
• 4:00:22
  something that kids do And then because adults got involved and
• 4:00:27
  tried to encourage the behavior something bad happened.
• 4:00:31
  Hey, we wouldn't even be talking about this.
• 4:00:33
  If the guy didn't get run over of course not it probably go on
• 4:00:36
  and on and nothing as long as nobody got hurt.
• 4:00:39
  This would be something that went on at the school and it was
• 4:00:42
  a fun thing and a lot of dah. and I don't you know, and I
• 4:00:47
  guess as long as no one gets hurt, you know people would say
• 4:00:49
  well, what's the problem but this is where the problem is
• 4:00:52
  because there's always that that one case scenario where Well,
• 4:00:57
  then what happens when it does happen?
• 4:01:00
  You know what happens when this does occur?
• 4:01:03
  Um, that's you know that's that's the problem here again.
• 4:01:06
  And again I don't want to demonize the kids for being
• 4:01:10
  kids. You're right Dan that kid's life
• 4:01:14
  is forever changed. He'll never be this.
• 4:01:17
  Who knows if he's, I mean, is he gonna go to prison?
• 4:01:19
  You know, is he going to whatever the case whether he
• 4:01:24
  goes to prison? Danger.
• 4:01:29
  Me lost. Michael.
• 4:01:30
  Oh Up up there. I am.
• 4:01:31
  Okay, now you're back, whether he goes to prison was.
• 4:01:34
  Yeah, whether he goes to prison charged with negligent homicide
• 4:01:37
  or doesn't the kids conscience is mine.
• 4:01:41
  He's forever. Gonna think about that.
• 4:01:45
  So, you know, that's, that's the issue.
• 4:01:47
  Dan, that's the other issue is there's there's lives that are
• 4:01:50
  forever changed as a result. That's just and I mean look
• 4:01:56
  accidents can and will happen every day and we're not going to
• 4:02:00
  engineer that out nor do I want us to write another discussion.
• 4:02:04
  I feel like we've gone too far in engineering out accidents
• 4:02:08
  because it's like a crime to like your kid play outside now,
• 4:02:10
  which is just absolutely ridiculous.
• 4:02:12
  But there's a difference between that a legitimate like you said
• 4:02:17
  with a flag football idea. Well what if somebody Falls and
• 4:02:19
  break their not? Well that's an accident.
• 4:02:21
  And this technically is an accident too, but it is an
• 4:02:24
  accident born out of A wrong thing, right?
• 4:02:30
  It is a wrong thing, right? And not bad intention wrong
• 4:02:33
  thing. Yeah.
• 4:02:36
  It. I mean it's it's not it's not
• 4:02:38
  the crime of the century obviously, but it is one step
• 4:02:41
  into an unripe territory. Yeah, that's all it takes
• 4:02:45
  sometimes. Yeah and I think the other thing
• 4:02:47
  is is I know what's going to wind up happening.
• 4:02:49
  Is you know, this is gonna descend it, the lawyers, of
• 4:02:52
  course, whenever they see this they salivate and in the courts,
• 4:02:56
  we're going to see you know, there's gonna be civil cases up
• 4:03:00
  the Yang about this. I'm sure. and there's gonna be
• 4:03:04
  because the kid that ran over the teacher, I mean, I'm sure
• 4:03:10
  that family will probably wind up suing the school because they
• 4:03:14
  it's sanctioned and encouraged the behavior and but for that
• 4:03:19
  you know the kid wouldn't have done it and we're gonna see all
• 4:03:23
  that going on too. And that's that's the other kind
• 4:03:26
  of dark side of this. And this will this will not get
• 4:03:29
  resolved for probably 10 years. Or more. and, you know, I just,
• 4:03:37
  I just, I feel really bad for every all the parties involved
• 4:03:41
  in here. Um, I really do but yeah, it's
• 4:03:46
  totally preventable. you know, I know when we were kids and I
• 4:03:49
  know look, we grew it, Dan, you, and I grew up in this time where
• 4:03:52
  there was DodgeBall and And you know, they don't play dodgeball
• 4:03:56
  anymore, you know, we don't throw the those dodgeballs hurt
• 4:03:59
  when they hit you in the groin. I mean, you were down for five
• 4:04:02
  minutes or more. I mean it was a different time
• 4:04:06
  man. And and and I'm not saying we
• 4:04:09
  take away everything fun and we stopped having PE and we stop
• 4:04:12
  doing stuff because somebody might get hurt because that's in
• 4:04:15
  the same that's in it, like a sanctioned thing, like this is
• 4:04:18
  school, there's physical activity, there's exercise,
• 4:04:21
  somebody could pull a muscle, somebody could fall, somebody
• 4:04:24
  could break a bone, somebody could get hurt when I broke my
• 4:04:28
  right arm. You know what?
• 4:04:30
  40 years ago? It was on school property.
• 4:04:32
  I was playing on the on the monkey bars and you know, When
• 4:04:36
  we were kids, all the playground equipment was like freaking
• 4:04:40
  steal. It was iron like you know,
• 4:04:43
  wrought iron steel, it was completely crazy.
• 4:04:47
  The that was the equipment we had and, But nobody intended for
• 4:04:55
  bad things to happen and and generally speaking, you know, my
• 4:04:58
  parents didn't sue the school because I got hurt on school
• 4:05:00
  grounds, you know, it's just a different time too.
• 4:05:04
  So there's just a lot of other considerations you have to have
• 4:05:06
  and you kind of have to read the room or read the society.
• 4:05:09
  The way Trends are now before you engage in this kind of
• 4:05:12
  behavior. Totally agree.
• 4:05:17
  I will leave you with that last word Michael you get that last
• 4:05:20
  word. Thanks for thank you so much Dan
• 4:05:22
  talking with you about yes, but I agree with you tragedy.
• 4:05:25
  Yes. All right friends.
• 4:05:29
  So that's the update on that. I'm going to continue to keep an
• 4:05:31
  eye on this case and see where it goes.
• 4:05:33
  I'm hoping. I'm hoping that they don't throw
• 4:05:37
  the book at the kid, especially since the family is saying
• 4:05:40
  that's not what they want because I don't think it helps
• 4:05:42
  anything in the same respect. There's got to be some kind of
• 4:05:47
  punishment and I I agree with Mike that I don't think the
• 4:05:50
  punishment should stop at. This student I think if there
• 4:05:56
  were faculty members that were involved which obviously there
• 4:06:00
  were because there's a point system that's been established
• 4:06:03
  in the teacher was excited to catch him in the act so he knew
• 4:06:06
  it was coming. There has.
• 4:06:10
  There has to be better than that.
• 4:06:11
  I'm just saying, but you know, if you have different thoughts,
• 4:06:14
  feel free to share them with me. All right, folks, we'll be back
• 4:06:17
  tonight for sidebar on this channel. 8 p.m.
• 4:06:19
  Eastern 5 p.m. Pacific, please do join us.
• 4:06:21
  We're going to talk about the streaming of chords on YouTube
• 4:06:24
  and have a good discussion on that and then we'll be back
• 4:06:28
  tomorrow morning for the morning.
• 4:06:30
  Live show 9 a.m. eastern 6 a.m. Pacific tomorrow, is Friday
• 4:06:34
  already. Tomorrow is Friday.
• 4:06:37
  So, super Friday tomorrow. So join us.
• 4:06:39
  Then in the meantime, go have yourself a great day.
• 4:06:42
  Take care. God bless