Latest / The Courtroom Files / January 27 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #218
Transcript
- 0:01Good morning, everybody. Happy Tuesday.
- 0:03Yeah, it's Tuesday. Welcome to TCF LIVE.
- 0:05Good to have you all here getting started just a few
- 0:07minutes early. We'll kick it off in Michigan.
- 0:09Judge Middleton. Michael Graham Yes, Mr. Graham,
- 0:13you got a ticket for driving with no insurance.
- 0:18We get lots of those. Sometimes they're coupled with
- 0:21no registration. Driving with no insurance is a
- 0:25misdemeanor. It's punishable by up to a year
- 0:27in jail on a fine of up to $500. Carries not less than $200.
- 0:34Welcome to Centerville. Good morning, Sir.
- 0:38Oh, I'm sorry, Joanna. Well, good morning.
- 0:40I'm just checking in. Haven't been here in a while.
- 0:43I have 8:30. Yes I've got the pre exams.
- 0:46Also, I've got a number of arraignments you and I met over
- 0:51the. Zoom.
- 0:52Feed but check in with the prosecutor and you win the best
- 0:56dressed award today, I think. So you got that going for you.
- 1:00So I'll see you in a little bit. Thank you.
- 1:02Your Honor. All right, Mr. Stickley, you
- 1:07come in a close second, But they dress better in Detroit, I
- 1:11think. Anyway, Mr. Graham.
- 1:16The. Question I ask everybody is, do
- 1:18you have insurance now? Yes.
- 1:21Do you have it with you? Yeah.
- 1:24All right. Who's your insurance?
- 1:26Carrier cure auto insurance do. You have it on your phone or?
- 1:41I have to print it out. All right, very good.
- 1:44You have a seat. We'll refer to the prosecutor in
- 1:47a bit and see what we're going to do.
- 1:51Let me just tell everybody now, if you're charged with no
- 1:55insurance, it's a misdemeanor. It's punishable by up to a year
- 2:00in jail. It requires you to be
- 2:01fingerprinted. That carries a minimum fine of
- 2:03$200 plus cost. Very usually when the people
- 2:08come in and show that they have insurance, the prosecutor's
- 2:12willing to dismiss the misdemeanor charge for a plea to
- 2:15a civil infraction called no proof of insurance.
- 2:20And no proof of insurance is punishable by up to a fine.
- 2:24It's not even a crime. It's a civil infraction.
- 2:27The fine is $150.00. So why don't you have a seat?
- 2:31We'll come back to your case when we get a break.
- 2:34Mr. Stickley will touch base with the prosecutors.
- 2:44I lost Mr. George for a minute. He's the three of our city
- 2:47attorney. It's very helpful to have him
- 2:50here and sometimes Mr. Reed, on behalf of Sturgis and Three
- 2:55Rivers, because they can help me make decisions right here in the
- 3:01courtroom. Let's talk to Lynn Marie Kelly.
- 3:04Miss Kelly, would you come forward?
- 3:14Good morning. Good.
- 3:15Morning. You got the same ticket as the
- 3:26last gentleman, no insurance. And as I mentioned, often this
- 3:30is coupled with a registration plate charge and so you're
- 3:33charged with that. I have an appointment.
- 3:42So I'll ask you the same question.
- 3:44Do you have insurance? She doesn't have her.
- 3:47The plate is in process or sort of a title issue.
- 3:50It might behoove us on this one to have her come back, you know,
- 3:53it's kind of inconvenient and get some sort of a global
- 3:56resolution because then she'll have both.
- 3:58Just say, all right, so you have insurance, but you're working on
- 4:07getting the plate straightened out.
- 4:09Yeah, I'm waiting for the title. How long will that take?
- 4:15I got it from my boss, he filed for a lost title and we're just
- 4:18waiting for him to get it in the mail.
- 4:19I don't know how long it takes. All right.
- 4:24Well, I think Mr. Stickley's advice is probably good.
- 4:29If we adjourn this and you come back in and show you got a
- 4:32proper plate and proper insurance, prosecutor is very
- 4:36likely to help work out something out that won't be so
- 4:39expensive. OK, Are you missing work right
- 4:43now? All right, well, let's set this
- 4:47out a couple weeks. February 17th at 8:30.
- 5:20Is your Schoolcraft address still correct?
- 5:23Yes. Good morning, Miss Harden.
- 5:36Mr. Rainey got himself arrested last night.
- 5:40He failed to appear on that MDLP case I think.
- 5:43He's going to warrant for the truth circuit for two.
- 5:45Weeks. So while you're here, I thought
- 5:48I would at least at some point. Zooming, man, have you got a
- 5:51commitment to be someplace else? I have.
- 5:53Sentencing. Judge Edison.
- 5:56All right, we'll fit it in sometime while you're still here
- 5:59this morning. He's not going anywhere.
- 6:04That will be Tuesday, February 17th at 8:30 bringing proof of
- 6:21insurance and plate. If you got convicted of all of
- 6:31this, the minimum fine would be about $525.00.
- 6:37So that's money better spent on getting your plate and your
- 6:41insurance. And then I'm reasonably sure the
- 6:45prosecutor will get some consideration.
- 6:47So let's try again in three weeks, see if we can get your
- 6:51plate straightened out and you're good to go.
- 6:56That's it. Thank you.
- 7:13We do have a bunch of pre exam conferences which are felony
- 7:17cases that are theoretically set to start at 8:30, but it isn't
- 7:23general is possible to do all the misdemeanor arraignments in
- 7:2615 minutes. I still don't have Mr. George,
- 7:31so let's keep going here. Stewart Udvarti, please come
- 7:37forward. Good morning Sir.
- 8:01You got charged again with driving with no insurance and
- 8:05driving suspended. The file number is 2681 SM and
- 8:14269 or 8 two I guess. You have paid all your previous
- 8:26fines and costs, but you keep getting the same charges.
- 8:31This time I just go ahead. I had, I had to leave work early
- 8:36and well, I had to go to the hospital all.
- 8:38Right. Well, don't don't say much about
- 8:40are you still working at Metal Technologies?
- 8:43Yeah, I was headed to the hospital.
- 8:46You headed the hospital? Well, there's a defense for
- 8:48driving suspended if you are. I'm going to a medical
- 8:51emergency. You could end up going to jail
- 8:54for this because you've got so many of these.
- 8:57My recommendation, probably Mr. Stickley's as well, would be
- 9:00that you plead not guilty, get a lawyer to help you with this.
- 9:03Is that acceptable? Are you missing work right now?
- 9:07Yeah. I like the. 3rd shift.
- 9:10So you've been up all night. All right, let's take a look at
- 9:15your ticket. 3:00 in the morning, Broadway
- 9:51and Constantine, which is kind of on the way to the hospital
- 9:56stop for running a stop sign at Constantine at Broadway said no
- 10:01license and the car was not insured.
- 10:04All right, they're not guilty. Says he was on the way to the
- 10:15hospital. Was set an attorney pretrial.
- 10:33For March 6th, these first Fridays of the month have just
- 10:41become so dense. We have 75 cases set for Friday
- 10:48with about 60 defendants, and that's a lot to try to do in one
- 10:54half, one morning. But that just happens.
- 10:57Each month we have more and more cases.
- 10:59Anyway, Mr. Rivardi, I'm going to get you a lawyer to help you
- 11:02with this. I know you've got an
- 11:04explanation, but I want you to save it.
- 11:07You can share with your lawyer and they can share with the
- 11:10prosecutor's office. As I said, I don't think you owe
- 11:13me any money, but you paid all your obligations to the court.
- 11:19But you got a lot of baggage on your driving record.
- 11:22So you go to court officer and no, that's the no insurance
- 11:30case. Amanda Sawyer,
- 11:46Good morning. Are you Amanda Lee Sawyer?
- 11:48I am Miss Sawyer, on the same boat as our other no insurance
- 11:53cases. Your case is file number 25 2711
- 11:59SM doesn't appear that you owe the court any money.
- 12:09But you are also charged with no insurance and no valid
- 12:12registration or no valid operator's license.
- 12:15One is under state statute 1 is under ordinance.
- 12:19Do you have insurance now? I do.
- 12:22And what's the status of your driver's license?
- 12:24I just renewed my permit again. All right, who's your insurance
- 12:37carrier? Direct
- 12:50auto. All right, we're going to need
- 12:51help from both the city attorney and the prosecutor.
- 12:55Have a seat. Also, the fact that you've got
- 12:59insurance is good. The fact that you got your
- 13:01license straightened is also good.
- 13:09We do have a couple of free trials this morning and the
- 13:12stole is probably working on over several 8:30.
- 13:17All right, still no Tim George. So his last ordinance case.
- 13:25Is a bullet. Yeah, he's probably working on
- 13:27his other stuff. And in the meantime, Mr. Reset's
- 13:41file. This must be stuck to something
- 13:44else. Oh, that's a felony case,
- 14:04William Huey. Well, the next contestant lines
- 14:09up. Good morning once again,
- 14:10everybody. Welcome to TCF Live.
- 14:11Good to have you all here. Slow start so far in the courts
- 14:15this morning. There's only a couple of things
- 14:17up and running, but I've got my eyes out as I always do.
- 14:19We'll continue to ride with Middleton for a little while.
- 14:23Yeah, William Christopher Huey. Yes, Sir.
- 14:26He met before but I need to identify it for the Bradford.
- 14:30Anyway, this is file number 26751 ordinance case.
- 14:41Generally the ordinance offence is punishable by the same
- 14:49punishment, fine and cost and potential jail time as a
- 14:53misdemeanor. Good morning, Mr. Bland.
- 14:56I didn't know you were scheduled to be here this morning.
- 15:01Who are you representing? Something in on Xavier
- 15:04Eddington, something from Mr. Gibson.
- 15:07I don't know if he's here yet. I sent him a sub but he hasn't.
- 15:11Is Mr. Edgington in custody, Sir?
- 15:14Is he in custody? No, Sir.
- 15:16Oh, very good. OK, well, it's nice to see you.
- 15:18You too, Mr. Huey. Let's take a look at your
- 15:22ticket. You got an old unpaid careless
- 15:40driving ticket where you owe $234 from 2021.
- 15:48I have an unpaid booking fee, but I don't much care about that
- 15:52one. It could be the wrong William
- 15:54Healey, so we'll take a look at it.
- 15:55There's more than one, as you know.
- 16:02Let's talk about this ticket. It was at 2:00 in the afternoon
- 16:12on January the 9th 4th St. in Michigan.
- 16:17No other notation on it. Shows your driving privileges
- 16:27are revoked. I just saw you last year and
- 16:36that careless driving ticket is still on there.
- 16:38Is unpaid. Yeah, I didn't know nothing
- 16:41about that. I thought I told you last time,
- 16:44but perhaps not. But I can pay that today.
- 16:47Probably. All right, that would help.
- 17:05That would help a lot. I didn't know nothing about
- 17:10that. I had all my stuff paid off.
- 17:26Last time in September, you pled the driving suspended pay the
- 17:40fine. I can't tell whether I reminded
- 17:47you it was Judge Patterson. Have a seat, Mr. Healy.
- 17:51When Mr. George, the three over city attorney comes back, we'll
- 17:55talk to you for a minute. Darcy Bess.
- 18:36I was holding off on these for Mr. George.
- 18:58Barbara, thank you for gifting membership.
- 19:00I'm pretty sure this is the second or third time American
- 19:03smokers gotten the gifted membership, but thank you.
- 19:13You got a ticket at Walmart where everybody gets their
- 19:16ticket for retail fraud. That was on January the 10th.
- 19:23Retail fraud. I think this is intended to be a
- 19:26ordinance case, unless Mr. Reed as the attorney and I don't know
- 19:34a thing about it. Under ordinance, retail fraud is
- 19:39a misdemeanor. It's punishable by up to 90 days
- 19:42in jail on a fine of up to $500. Doesn't appear that you got
- 19:47anything pending here. You're from Cassopolis?
- 19:52Yes, Sir. All right, I'm going to ask you
- 19:54to have a seat for a minute, and we'll wait for Mr. George to
- 19:57come back. Three Rivers does have a civil
- 20:00infraction that could perhaps fit this.
- 20:14Kevin Lyle, BB. Told me to tell you I paid my
- 20:29ticket. When I owe 200 bucks, I.
- 20:34Oh good, that's the good. News I didn't even know I had
- 20:36warrants. My brother's, my brother's wife.
- 20:38So actually BB, she works for 911, she told.
- 20:41Me about it, I was like what we got two row open warrants.
- 20:44So let's talk about all this. You're here today for an
- 20:48arraignment on a charge of disorderly person from September
- 20:5411th. That's file. 2. 51903 You didn't
- 21:00show up for arraignment. Yeah, that when I moved, I moved
- 21:04to Florida, then I came back. And went.
- 21:06To rehab for my. Alcohol.
- 21:08Then I forgot I forgot about it. Let's look at the first one, not
- 21:12to. Interrupt, but I'm going to
- 21:19interrupt. Lindsay.
- 21:19Thank you for gifting 10 memberships.
- 21:23Lindsay had my back yesterday and I called that out of the pre
- 21:26show today. And all of you, I just want you
- 21:30to know the trail mean a lot to me.
- 21:34You tune in every day, you watch, you've got my back.
- 21:36You're very supportive and I just appreciate all of you.
- 21:38So Lindsay and the rest of you, thank you so much.
- 21:41Beginning of December. What's your new job?
- 21:44I'm working at Summit Polymers. I'm actually making a car parts
- 21:48for police cars dashboards. The port explores the 2026 ones.
- 21:55Well, this one was Holy Smoly, the one in September 11th.
- 22:01Public intoxication Somewhere you were a .368.
- 22:07Did they say that I went to rehab?
- 22:08Though I I went to, did they take you to the hospital?
- 22:13I was supposed to take you to the hospital if you're above 32.
- 22:16I don't remember. I don't.
- 22:19At .383 if they put a Wick in your mouth and lit it, it would
- 22:23burn. And yeah, I know.
- 22:25That's why I I, I moved to Florida for a little while.
- 22:27Then I came back and I went to rehab.
- 22:30And then my brother's wife works for 911, Ashley Beebe.
- 22:34She told me, oh, you got warrants.
- 22:36I was like, what? Well, I looked them up, man.
- 22:38I called you guys get a court date if you get this stuff taken
- 22:40care of. All right, I don't know where
- 22:42the. Where did you go in Florida?
- 22:44Miami. Warmer there than here, but it's
- 22:47a lot more expensive. Yeah, I know.
- 22:49That's why I came back, because I couldn't afford it down there.
- 22:52All right, you have an open warrant for another disorderly
- 22:55person and file 251299. That's from July 1st of 2025.
- 23:01That actually precedes the September case and the other
- 23:05warrant is on the same date. Now two days later, September
- 23:0913th, 252536 hold down to 5 1299.
- 23:28I am a full of rich people and poor people.
- 23:31I know, yeah, I know. This is it's mostly all poor
- 23:35people, but let's go downtown. But I couldn't afford it down.
- 23:41Here so I I'm going to ring on all cases I have no.
- 23:47Clue where the retail fraud came from?
- 23:49Well, let's take a look at it. I never arrested for it.
- 23:51That was the 13th. Sometimes they'll review a video
- 23:54or something. Let's see what the retail fraud
- 23:57is about. I don't think I'm stealing 36.
- 24:13It allegedly occurred at Walmart on September 13th.
- 24:32Oh, yeah, They followed you. It came out of the bathroom.
- 24:36This is all on video. You took some allegedly some
- 24:40boots, 6898, A Lunchable grilled cheese 398, some Klondike
- 24:48Reese's Six pack 7318. They have a video of you walking
- 24:54in the store and walking out of the store with you wearing the
- 24:57stolen boots. I must be.
- 25:01I must have been drunk well. All right.
- 25:08I just don't want to lose my job.
- 25:09I kind of want to get all this stuff taken care of too.
- 25:14Well, I'm going. To recall the warrants.
- 25:17Thanks. I want to appoint an attorney.
- 25:26Let's see what else we've got here.
- 25:30You don't seem to have any. Oh, yeah, you do.
- 25:32You paid that $200 fine today. Yes, Sir.
- 25:35All right. Very good.
- 25:38I got about 50 bucks right? Now, are you presented yourself
- 25:51at the court on these warrants? You paid an outstanding fine, so
- 25:58it shows good faith on your part.
- 25:59You're back in the community. I'm going to appoint an
- 26:02attorney, said attorney Pretrial 43626 at 8:30.
- 26:11I have lost Mr. George for those other pretrials.
- 26:19All right, you go out to the counter, we'll get a lawyer.
- 26:22What shift are you working at Summit?
- 26:242nd shift. You won't have to miss work.
- 26:29It's expensive living at the motel.
- 26:43All right, the ladies at the counter are going to give you
- 26:47your attorney's name and number. I want you to call that lawyer,
- 26:51make an appointment to discuss this matter with them prior to
- 26:57March 6th, and I'll see you at 8:30 that morning.
- 27:00All right, Sir. Thank you very much.
- 27:02Let's talk about. Great, Granny, Thank you for the
- 27:05$5. You say I like TCF because you
- 27:08can listen in peace. Well, thank you.
- 27:10We try to do that around here, you know, just have a a place
- 27:16where people can gather and it's welcoming and enjoyable.
- 27:20And but we're still watching some serious stuff.
- 27:24But I'm glad you enjoy it and thanks so much for being part of
- 27:26the community and thank you again for the Super chat.
- 27:29All right, good morning once again, everybody.
- 27:30TCF live on a Tuesday. It's good to have you all here.
- 27:32Let's change it up. We've got some other courts
- 27:35starting to come online now, but let's stay in Michigan, Go over
- 27:38and say good morning to Judge Dad.
- 27:41So what happened here? So Miss Vander, I don't want to
- 27:46mispronounce it. I apologize.
- 27:48I came into the dealership to purchase a vehicle and when she
- 27:54purchased that vehicle. She.
- 27:56Was supposed to bring back a cashier's check for the amount
- 27:59that she owed and she never did. Did you sign the title over?
- 28:04We did. We stated it part.
- 28:06She. Wait a minute, you signed the
- 28:07title over to her? Did she register it with the
- 28:10Secretary of State? Why would you do that before you
- 28:13got the money? Or was this a later payment
- 28:17balloon payment at the end? It was.
- 28:19If you look on the attachment Sir, you'll see the payment plan
- 28:23that she organized for the dealership.
- 28:27Geez, I see. OK, good enough.
- 28:30So she owes you guys. She got the car, she didn't pay
- 28:33for it. You have.
- 28:35You still are owed 6216 dollars. Thank.
- 28:42You and $0.60. You should have some court costs
- 28:45too. Can you give me a breakdown of
- 28:50those? I need to know what you paid
- 28:52for. Do you know it was $75?
- 28:57OK. To follow file.
- 28:59Or court fees was $70. Sir, I have those receipts with
- 29:02me. So 75 and 70, right, Yes.
- 29:09That's correct. So that's $145.00 and on top of
- 29:15the 6216 60. So that should be another 145.
- 29:25That should be 636160, right? All right, judgment is entered.
- 29:35I'm going to give you a copy of. I'm going to ask you to go down
- 29:40the hall. Just give him a couple minutes.
- 29:42He'll bring the file down. I filled out the judgment for
- 29:45you When you're all set. I hope you can collect that.
- 29:48Best of luck. Thank you, Sir.
- 29:50Is Flat Rock out there, people against Sterling?
- 29:53Joseph Wright, 25884-O881-A and B, and also 25 out 244-O59.
- 30:00Good morning, Mr. Wright. Your name muted.
- 30:08I can't hear him. Good morning, dude.
- 30:14It's Sterling, right? All right, officer, your name.
- 30:19Officer Porter, Yeah. I'm going to ask you to take
- 30:21your hat off if you would. Mr. Westmoreland, your name.
- 30:24Good morning, Your Honor. Attorney Bori Westmoreland,
- 30:26Fair. On behalf of Mr. Wright, we have
- 30:29a charge here of disorderly person public in tax and minor
- 30:33in possession from November 22nd.
- 30:37He was in front of me on December 11th.
- 30:41The case that he was in here on November 22, he didn't show up
- 30:48for on December 17th. And he also has an open end.
- 30:54Tox. Where's he been, Your honor?
- 30:59He's currently living down the road.
- 31:02And he didn't have. A Right I see.
- 31:06Where was he picked up at, Officer?
- 31:13Well, Flat Rock, that I'm not sure.
- 31:20I believe this address is in Flat Rock, right.
- 31:28You didn't graduate, did your son?
- 31:32No, I did not graduate from high school.
- 31:36I can't hear you. No, I did not graduate.
- 31:40You're not in high school anymore.
- 31:42No, I'm not in high school anymore.
- 31:44Are you working? Yes, where in Flat Rock I moved
- 31:51furniture. For who?
- 31:53For moving up. Which one?
- 31:56Wheel deal moving. Wheel deal moving.
- 32:01Wheel like WILL wheel wheel deal moving.
- 32:06Yeah, always at work. Five other companies as well,
- 32:08though. You know why I knew you didn't
- 32:12graduate. How'd you know that?
- 32:16Because when you act as irresponsible, there's no way
- 32:19you get through high school. No way.
- 32:25How many hours? Do you work per week?
- 32:31Maybe around 40. Maybe around 40?
- 32:34How much do you make per hour? $20.
- 32:38You make $800 a week, that's pretty good.
- 32:42Then how much you make a week? Somewhere around there.
- 32:49Why haven't he? Why isn't he showing up?
- 32:50Besides the fact that he didn't have a ride even though his
- 32:53parents live in Flat Rock and he works out of Flat Rock?
- 32:58That's just an excuse, isn't it, Mr. Wright?
- 33:02Absolutely not. Oh, it's not an excuse.
- 33:05Well, then we're going to make sure you got a ride to court.
- 33:07How's that? I'll make sure you have a ride
- 33:10to court and they can take you over from the Flat Rock Police
- 33:15Department when I get ready to handle this.
- 33:17OK. And then you're going to have to
- 33:19post a high bond. So, you know, don't don't tell
- 33:24your lawyer things that that are not true.
- 33:28OK. Yeah, I I think he acknowledges.
- 33:31And he was calling. He meant to say it was, it's not
- 33:35a good excuse, but he he understands after I spoke with
- 33:38him, he does understand the importance of them hearing and
- 33:41making sure employers all. So he's got a November 22 minor
- 33:45in possession. He must have a prior minor in
- 33:49possession, right? Yeah.
- 33:50That's what that says on the ticket.
- 33:52That's why they charged as a misdemeanor.
- 33:55So you have that case. Give me one second if you would,
- 34:07please. You bet.
- 34:13You've been in front of me before.
- 34:14I remember you. You know what?
- 34:19You have been right. Think so.
- 34:23In fact, you were in front of me at the Flat Rock Police
- 34:26Department, sitting there just as you are now, right?
- 34:29No, I don't think that was it. I think I had came in to come
- 34:32see you. You'd come to Flat Rock or you
- 34:36came to the court. No, no, I I came to the
- 34:38courtroom to see. I was in courtroom when I see
- 34:42you. You going to grow up or you
- 34:48going to act like this your whole life?
- 34:51No, I'm, I'm. I'm really ready to figure this
- 34:53out and make it to where I don't got these warrants and I don't
- 34:57have all these fines and we can just put it on one of the courts
- 35:00where I can just boom, boom, boom and knock everything down.
- 35:03And just instead of having warrants here and being, you
- 35:07know, I'm going to keep going through this process.
- 35:10Yeah, it's not. Yeah, well, you, you're bringing
- 35:16this on yourself. Well, I wasn't sure that I
- 35:20wasn't sure about a warrant. Like I didn't know how that
- 35:22worked really. I I wouldn't know him.
- 35:26Do you stand mute away formal reading on the fare to pay which
- 35:29is 25R514323 that's. Correct, John, it's a good on
- 35:37me. You, you missed too many times,
- 35:40your son John, you're going to have to go over there.
- 35:49We're going to have to do a screening, as I ordered quite
- 35:51some time ago. So here's what I'm doing.
- 35:56Anything else, Mr. Wismoreland? Not, not at the standard.
- 36:03Well, I'll give you an early court date.
- 36:06I'll, I'll, I'll do that because I want to be a lot more fair
- 36:10with you than you have been with us.
- 36:12OK. Is that all right with you or?
- 36:17Yes, I'm, yeah. Keep doing this.
- 36:23I don't get it. You've missed cord I-45 times
- 36:26here, 15110% on 25-F-244-O59. We're going to need a screening
- 36:33and assessment and probation, John, to get on to do screening
- 36:40on 25-F-244-O59. You have 210.
- 36:46I'm entering a not guilty plea on 25R514323.
- 36:49That'll be $100 cash. I will set that for January the
- 36:5329th and that will be at 9:15. And then on Judge Hastings
- 37:00cases, you have an open in tox and you have a minor in
- 37:03possession, 1010% on that. No contact with prosecution
- 37:10witnesses, no alcohol, no marijuana, no illegal drugs.
- 37:14Do you understand all that? And that that's on both the open
- 37:17in Tox and the MIP. Do you understand that?
- 37:21Yes, John. So that'll be on January 29th at
- 37:259:45, the pretrial on that. So you got a contempt hearing in
- 37:30front of me, a sentencing in front of me, and then you've got
- 37:34pretrials in front of Judge Heston on the 29th.
- 37:38And again, that will be at 9:45, OK.
- 37:44You cannot leave the state. You cannot violate a law.
- 37:47You must appear in court as directed.
- 37:50You need to get the court on time, Sir.
- 37:52OK. Don't be late.
- 37:54Wouldn't you stand one another? Yes.
- 37:57Thanks. Probation need to zoom and we're
- 37:59going to give you yes, probation needs to zoom in with him
- 38:02officer. So if you'll just bear with us
- 38:05and we'll get you, tell him John, tell whoever down there I
- 38:09want him to have a court appointed lawyer.
- 38:12Trenton Federal. Great granny in the chat.
- 38:16What's MIP that's minor in possession is what that is.
- 38:21Barbara, thank you for the $10 super chat.
- 38:24In it you say Lindsay, be proud. So congratulating Lindsay and
- 38:28then you say I'll be clean 38 years in March.
- 38:30Congratulations to you as well. And again, thank you for the
- 38:33Super chat. Lindsay referenced will deal
- 38:37moving in the chat saying they did not have great reviews.
- 38:40I just looked it up. She's right, at least on Yelp,
- 38:42only 2.5 stars, though they do fare a little better on Google
- 38:47reviews. Any who, let's continue with
- 38:51Judge McNally for a little bit. You do have the ability to do
- 38:54this. It's based upon whether or not
- 38:56there's any undue prejudice to the defendant and whether or not
- 38:59it's there's, there's a purpose or reason behind this petition.
- 39:04And and really there's no doubt this is this is administratively
- 39:09my office failed in renewing this judgment.
- 39:13I took a look at the history I've represented Shore to Shore
- 39:17or Trenton Federal. Or does it say anything about
- 39:19prejudice though? I'm not trying to give you a
- 39:21hard time, but I just can't do this unless she made a payment.
- 39:25Unless she made a payment in the last 10 years and you can
- 39:31document, go ahead. Oh, go ahead.
- 39:36Judge there, there's, there's nothing in the court rules that
- 39:38says it, it, you can't do it. And, and I will tell you and,
- 39:43and again, I represent a lot of credit unions.
- 39:46We do a very good job of monitoring these files.
- 39:49We lost a few of them during COVID and, and really going in
- 39:53front of District Court judges, what you indicate is 1 they,
- 39:57they haven't made any payments. 2 The fact that this doesn't put
- 40:00any prejudice on them because they they're they're debtors in
- 40:04the sense that they owe plaintiff money and and three is
- 40:08the fact that. Because of the need to collect
- 40:10this money, the credit union's asking for discretion from the
- 40:14court. There's nothing the court rules
- 40:15that says you can't do it. What it, what it indicates is
- 40:18that in order to do this, you, in order to renew a, a judgment,
- 40:21you have to go in front of a Circuit Court or District Court
- 40:24judge. So, So what happened here?
- 40:27And, and I'm going to tell you that it's, it's, it's unique.
- 40:30And I again, I'm, I'm suggesting, I'm not suggesting,
- 40:33I'm indicating it's, it's my fault, it's my office's fault.
- 40:36Prior to the extinguishment of the judgment in 2017, we filed a
- 40:41motion to renew in front of this court and we, we filed a motion
- 40:45to renew. We paid the filing fee and we
- 40:47prepared an order to renew in 2017, a month before this
- 40:51judgment was up. At the time, my legal assistant,
- 40:56my long time legal assistant had moved to Illinois.
- 40:58She was working out of her Illinois office and when I saw
- 41:03what was going on with this file, I had asked, sorry, I lost
- 41:08you just now, hold on. I had asked my office that we
- 41:12were going to pursue this judgment and she indicated that
- 41:15we couldn't because our order to renew had never been entered by
- 41:18the court back in June of 2017. You sent it in.
- 41:25June 15th, 2017, there was a motion to renew, order to renew,
- 41:31checking the amount of $2020.00 and it was for my legal
- 41:34assistant. She had sent it from Illinois,
- 41:36from she was basically working out of her house out of
- 41:38Illinois. I thought this was renewed.
- 41:41I thought it was a live judgment.
- 41:43But sometimes what we do is with these, with these debtors, we
- 41:46put them on hold because they might resurface.
- 41:49And when I knew my 10 years was up, which is now that we're in
- 41:532026, I asked them to renew it again because now this defendant
- 41:57had resurfaced and so my client wanted to pursue her.
- 42:00The judgment's only $3000, Judge, Right.
- 42:03So, so I was of the opinion that we had a live judgment and
- 42:09pursuant to your court record, not yours specifically, but the
- 42:12court record, it indicates that this order, this ex parte order
- 42:19was never entered back in June of 2017.
- 42:23So I'd come. Before you today and in January
- 42:26of 2026 suggesting one she has not made any payments to the
- 42:31judgments 3500 dollars Three, I was of the opinion and position
- 42:36that we had a valid judgment and.
- 42:38You're asking me to do something I just can't do.
- 42:42How can I do this? I mean, I feel for you.
- 42:45I'm sorry I can't just make my own rules.
- 42:48There's nothing that I know of in any rule.
- 42:51If you want to take a few minutes and pull it out and read
- 42:54it to me and tell me the rule, I'll be happy to listen.
- 42:57But the fact is that there's only one or two ways you can
- 43:02have a judgment renewed, one within 10 years, and secondly,
- 43:06if not within 10 years, within 10 years of the time that the
- 43:10defendant last paid something. So if you want to spend a few
- 43:14minutes and find the rule and read the rule and tell me the
- 43:18rule, I'll be glad to, but I don't know how I can do this.
- 43:22In the meantime, I'm going to ask you, Linda, to check this
- 43:27file. We should this should have been
- 43:29still a hard copy file and you checked this file and tell me
- 43:35whether received anything back in 2017 and judge.
- 43:42The the the the the letters dated June 15th, 2017 went to
- 43:48the clerk of the court at at 33rd District Court.
- 43:51I have it shows that you received it.
- 43:56It was stamped received by the court June 21st, 2017 and you
- 44:02cashed the check for $20. However, Judge and and again.
- 44:06I'll, I'll, I'll. Do some research on on this.
- 44:09I will tell you and again, you are correct that there's only
- 44:12there's there's two ways that the court rule is prescribed.
- 44:15However, the court does have discretion.
- 44:18Where does it read that? Rule to me.
- 44:20Read that rule to me. I don't think I do.
- 44:22In the meantime, you listen. I want to do it, but I can't
- 44:30unless we have the paperwork. If this was an oversight on our
- 44:34part, that's different. If we somehow threw this in the
- 44:39garbage or something or they didn't bring it to me, and I
- 44:43don't mean to be facetious, I know this is serious and I want
- 44:45to be able to do this. I'm going to have her check.
- 44:47You pull out the rule. I'll go on to another case and
- 44:52we'll go from there. OK.
- 44:53LVMV versus no. No, judge, I'll, I'll, I'll,
- 44:57I'll step off. I'll, I'll, I'll brief and I'll
- 44:59get you something and and we can just set this.
- 45:02Set it over for you. Just come back in an hour.
- 45:04It shouldn't take long. They're going to check right
- 45:06now. I will check for you.
- 45:09If they've got it, I will. I will see it.
- 45:11OK, You, you come back. When do you want to come back?
- 45:1410:30 She's not here. There's no present.
- 45:17So you can go ahead and do you go ahead and do that and come
- 45:21back on at 10:30, LVMV versus Tory Parker.
- 45:25All right, friends. Good morning once again, TCF
- 45:27Live. Good to have you all here today.
- 45:31Programming note we are not doing the TCF overtime the 4th
- 45:34hour today. I have other matters that I have
- 45:36to tend to between the show and tonight's sidebar and I need
- 45:40that extra hour. So we'll just be a three hour
- 45:43show today, but we'll come back tomorrow with the with the 4th
- 45:46hour. But I want to show you guys
- 45:49something. I'm not going to this court.
- 45:51This is Judge Brown and it wasn't overly compelling what he
- 45:56was doing there, but I don't know if you notice in the lower
- 45:59left corner of his feed, the title of his YouTube live stream
- 46:04was Jail people. Now, I don't know if that means
- 46:07that he's dealing with people who are in jail or if that's
- 46:11what his intent was going into his docket, but I just found it
- 46:15funny, so I thought I would share.
- 46:17Let's let's rotate back over to Judge Middleton.
- 46:23I also have an appearance. That's fine.
- 46:31I do. I have one that's photocopy and
- 46:45then I'm going to be asking to adjourn the PEC.
- 46:48Josh said it was OK with him. Do you want me to call my client
- 46:52in? Or please, we'll shift gears
- 46:54here in a minute. We're wrapping.
- 46:55I'm sorry if I got. You.
- 46:56Well, we're finishing our misdemeanors, then we'll shift
- 46:59gears to the felonies. Thank you, Mr. Stickley.
- 47:03This might be a time to see if you can find Miss Stole
- 47:08regarding these cases. It's like for now we just have
- 47:13the. 2. We have Miller, Huey.
- 47:17We need Tim George. Yeah.
- 47:19And Graham? Yeah, we'll need yourself.
- 47:25So do you need these files? Yeah.
- 47:35Ordinance. Ordinance.
- 47:39She's in the back. Who?
- 47:41Is stolen back? I don't know.
- 47:48All right, Anyway, Elizabeth Conway is not here.
- 47:51She's charged with disorderly person.
- 47:53The address list, that is a 7th street address that she does not
- 47:57live at. She's been evicted from there.
- 48:08There's no sense doing a show cause this was at the hospital
- 48:13and I think she'd been previously trespassed from
- 48:15there. Bench warrant $250 cash for
- 48:27surety 48 hour hold. She.
- 48:35Has a number of unpaid fines that frankly you probably should
- 48:38have wiped out with some previous jail sentences.
- 48:40She is struggling with some significant mental health issues
- 48:44and I'm not at all surprised that she's not here.
- 48:50If anybody knows her sees her, tell her to get in here.
- 48:53She's got 48 hours of an issue of benchmark for her arrest.
- 49:10Abigail Cowgill, Not Cowgirl Cowgill.
- 49:15Noah Lake Rd. Driving suspended.
- 49:19No phone number. Oh yes, she has an improper
- 49:29plate. They're fine with no.
- 49:31Food all right here, all right. All right, then we have Lindsay
- 49:47Miller. There's currently a warrant for
- 49:49her arrest. Lindsay Marie Miller don't need
- 49:562 warrants. Do you have anybody in the back?
- 50:04Patricia Weaver. All right.
- 50:14Lindsay Marie Miller has failed to appear for arraignment.
- 50:38It's already worn out more it remains out.
- 50:54I do have a couple phone numbers but I don't have time to tie it
- 50:59up this morning. Miss Harden, when are you here
- 51:12next? Next week.
- 51:36Good morning, Sergeant Herman. This is Judge Middleton.
- 51:38Could I see Eric Rainey, please? All right, thanks.
- 51:44Bye. Bye.
- 51:48All right, Well, let's talk about our civil infraction
- 51:51cases. Miss Graham, would you come
- 51:56forward, please? Mr. Graham, who did you talk to,
- 52:04Keith? All.
- 52:06Right. Mr. Graham will return to your
- 52:12case, which is file 252731. As I told you earlier, you got
- 52:17charged with no insurance, which is a fairly significant charge.
- 52:22The prosecutor agreed to dismiss it.
- 52:25I don't have the authority to do that.
- 52:27The prosecutor does. But when people like you come in
- 52:30and show that they do have their insurance, prosecutor is willing
- 52:35to reduce this to what's called a civil infraction of no proof
- 52:39of insurance. You don't plead guilty or not
- 52:46guilty to a civil infraction. You simply admit or acknowledge
- 52:50that you did not have significant or you didn't have
- 52:54proof of insurance in your car at the time of that traffic stop
- 52:58on December 26th. That accurate?
- 53:01Yes. I don't know cure auto
- 53:03insurance. But I'm sure they're.
- 53:05Legit fine and cost is $150.00 per fee schedule.
- 53:17Can you pay that today or any time to pay it?
- 53:20I get paid on Thursday. Well, I don't.
- 53:22Want to take your whole check? But generally I'll give you 30
- 53:25days to pay it. Can you pay that with 30 days
- 53:27from today? I'll give you an envelope 30
- 53:32days. Today is February, we'll go to
- 53:36the end of the month. Nopes. 27 is a Friday.
- 53:44You can pay with a credit card, you can send in a certified
- 53:50check or money order, or you can just come in and pay green cash.
- 54:00But we appreciate the fact that you are now insured.
- 54:05You can pay that civil infraction fine.
- 54:08This matter is done. All right, friends, let's change
- 54:14it up a little bit. We have not been here in a hot
- 54:17minute, as the kids say. Let's go down to Miami, FL, say
- 54:22good morning to grumpy Pants judge Mindy Glazer.
- 54:25The Evidence $1000. All right.
- 54:28Thank. You, you have a good morning.
- 54:30This everybody tells you. Thanks.
- 54:32Your Honor, you said 1000. Yeah, I did 55000 and 1000.
- 54:38OK. Good luck to you, Sir.
- 54:40Next we have Santiago Chavez on page 6.
- 54:47We have a private lawyer here. Good morning.
- 54:50Your honor, for Mr. Chavez, Jeff Palmieri, PALMERI, good morning
- 54:53to the state. Morning.
- 54:55Spanish, please. Good morning, Sir.
- 55:00Mr. Chavez, you were arrested for armed robbery with a firearm
- 55:06or deadly weapon and aggravated assault with a firearm.
- 55:10This is a case from January 7th of 2026.
- 55:13He has a hold for immigration. He needs a Spanish interpreter,
- 55:19please. I.
- 55:22Apologize, did I hear that there is an immigration hold?
- 55:25Yes. OK.
- 55:26Thank you. Jackie, we can't.
- 55:28Hear you. I cannot interpret it,
- 55:54so I can't hear you. And you said, Jackie, you can
- 55:56neither. Log on and off again or get
- 55:59another interpreter because I can't hear you.
- 56:02Can you hear her, Miss? Miss.
- 56:06No, Judge, I cannot hear her or. Just no.
- 56:09And I can't hear there's no either.
- 56:10OK, Miss Corykin. OK, I got to pass the case to
- 56:15have an interpreter that I can hear.
- 56:18So Jackie, either log on, log on, or get somebody else.
- 56:22Next we have I got to give me a minute, Mr. Calamari, Alexander
- 56:26Vio. So I'll, I'll try.
- 56:27To. Get another you want to call one
- 56:30of the. Device.
- 56:32Will interpret, Judge. I can hear her, but very low.
- 56:38I can't hear anything. Good morning, Mr. Biel.
- 56:41You speak? Do you speak English?
- 56:42Yes. So you were arrested for
- 56:44burglary to an occupied dwelling.
- 56:46I will appear up. So your attorneys here.
- 56:48Let me promote him now. Your Honor.
- 56:50What page is he printing on? Page 9.
- 56:53Thank you. It's from yesterday, January
- 56:5620th. Good morning, Judge, this is
- 57:22Attorney Davis of the interview. Can you be accepted promotion as
- 57:29a panelist and put on your video?
- 57:31Oh, yes, ma'am. I'm sorry about that.
- 57:34Good morning. There is no camera one second,
- 57:37Judge, I don't know what's going on today.
- 57:39I don't know what happened to my camera.
- 57:43I'm going to log in from my phone.
- 57:44Judge, I don't know what happened.
- 57:45See a camera show on the ceiling.
- 57:47I think I know floor. OK, here we go.
- 57:49Good morning, Josh. How are you?
- 57:53What is your first name? You got a thing?
- 57:55Yes. First name is spelled D as in
- 57:58dog AM as in mom. EKA.
- 58:04Last name is Davis. Good morning, everyone.
- 58:07Good morning. Davis So Mr. Bio was arrested
- 58:11for a case from Is it the 28th? No, it's from 2023, January
- 58:1728th, 2023. The charge is burglary to an
- 58:21occupied dwelling. So I'm reviewing the arrest
- 58:25affidavit. Looks like there's probable
- 58:27cause for burglary with an assault or battery and the
- 58:31defense has no probable cause argument.
- 58:33Judge just I mean, I'm going to find probable clinic for
- 58:36burglary to the Occupy dwelling. All right.
- 58:41It's from 2023. Your order to stay away from the
- 58:43alleged victim Jacqueline Jolie Core.
- 58:47No, no contact with the alleged victim either directly,
- 58:50indirectly, in person, in writing, by telephone, through
- 58:54third parties. No contact with the victim
- 58:57through social media or other electronic means.
- 59:00You must stay at least 500 feet away from the victim, her home
- 59:04and school place of appointment at all times.
- 59:07Do not engage in any criminal activity, do not use or possess
- 59:12illegal drugs, and do not purchase possessor theory, a
- 59:16firearm, gun, weapon or ammunition.
- 59:19You must immediately surrender any of those items at the 1st
- 59:22Police Department. File a receipt report.
- 59:25Do you understand the Stay away order?
- 59:27Yes. OK And Judge, I just wanted to
- 59:30add one thing. He has a family law case with
- 59:33the alleged victim in this case. I know we typically argue these
- 59:36motions. Do they have children?
- 59:38Yes, your honor, they have a 2 year old son.
- 59:40He wants third contacts for exchanging a child or changing
- 59:44for time sharing. That's fine, Judge.
- 59:46He has a pending family law case in Broward that permits time
- 59:49sharing. He's the primary parent.
- 59:51I was just going to make a simple request if the court
- 59:55would consider perhaps the stay away order we don't have an
- 59:59issue with but I'm just referring to the family law time
- 1:00:03sharing order that's in place right now.
- 1:00:05Yeah, I'm missing 3rd all I'm saying third party contact is
- 1:00:08permitted for exchanging child one or she's born.
- 1:00:11Let's victim is here. Oh the victim is here.
- 1:00:14OK. Hello, where is she?
- 1:00:31I guess my morning is going slower.
- 1:00:33Hello ma'am. Raise your right hand please.
- 1:00:36Your other names, please your right hand.
- 1:00:37Do you swear or affirm the testimony you are going to give
- 1:00:40at this proceeding will be the truth?
- 1:00:42If so state I do. I do.
- 1:00:45OK, what is your name? Jacqueline Joliker.
- 1:00:49Are are you afraid of Mr. Alexander?
- 1:00:52Say it again. Are you afraid of Mr. Alexander?
- 1:00:56Yes. OK you want a safe order?
- 1:00:59I do but we also do have a a two year old son and I'm supposed to
- 1:01:04be permitted 2 phone calls a day.
- 1:01:07So I agree to the no contact order as long as I'm still
- 1:01:11allowed to have FaceTime timeshare.
- 1:01:14What I'm going to say is third, he can't answer the phone.
- 1:01:16Third party contact is permitted for exchanging the child for
- 1:01:19time sharing and and she can defer a court defers to any
- 1:01:24family court order and judge. I believe the alleged victim
- 1:01:28resides out of state in the state of Massachusetts.
- 1:01:31So she there won't be any exchange of the child because
- 1:01:36the child all right, so. I am permitted.
- 1:01:40Time sharing so I can see myself.
- 1:01:42Well. What do you want me to put here
- 1:01:45for the time he he can provide, it won't be a violation of the
- 1:01:49court order for him to allow telephone contact with the
- 1:01:54child. Yes.
- 1:01:55Is that what you want? Yes, please.
- 1:02:28So, Sir, you cannot speak with her regarding the child.
- 1:02:31Do not discuss anything other than answering the phone again,
- 1:02:34the phone with the child, you understand, OK.
- 1:02:37The child is. Two years old so and I'm not
- 1:02:39sure if somebody else should maybe facilitate the phone
- 1:02:43calls. This is not family court.
- 1:02:46Go to family court if you have any.
- 1:02:47Issues. This is Criminal Court.
- 1:02:49It's an incident from two years ago, so I'm just dealing with
- 1:02:53this criminal matter. I'm not the family court judge.
- 1:02:55I'm allowing him to facilitate timeshare telephone time sharing
- 1:03:01with you 'cause you asked. Is that correct?
- 1:03:04Is that what you want? Yes.
- 1:03:05It's just if he hands the phone to the toddler, I'm not sure
- 1:03:08I'll, I'll get my phone call in totality.
- 1:03:11So I'm just maybe he can prop up the phone or something and make
- 1:03:14sure that I get that time with him.
- 1:03:16Can you make sure she gets the time sharing?
- 1:03:18We can do that, Judge. That's not an issue you have.
- 1:03:21He has a good lawyer, maybe addressing the issue to the
- 1:03:23attorney if it's not getting done.
- 1:03:25OK, anyway, do not engage in any criminal activity.
- 1:03:30Do not use repossessed illegal drugs.
- 1:03:32Do not use, purchase, possess or carry firearm, gun, weapon or
- 1:03:36ammunition. You must immediately surrender
- 1:03:39those items to the nearest Police Department.
- 1:03:41File that receipt with the court.
- 1:03:43And what do you want in terms of a bond?
- 1:03:47That happened two years ago. It looks like these two have
- 1:03:49other issues. You want to make.
- 1:03:52Sure. That's good for Miss Davis.
- 1:03:53Your Honor, we're asking for a nominal bond amount.
- 1:03:58I think the I said a shot of the $2000 trial or you want a
- 1:04:03refund. I guess I.
- 1:04:06Assured you, judge. All right, $2000 bond, I can
- 1:04:09give a free trial service because he gets out of jail for
- 1:04:11free. You want that for free option
- 1:04:13free trial services, Judge the option free trial altering the
- 1:04:16file, $2000. Ma'am.
- 1:04:18Miss Jolie, Chris, thank you for coming in.
- 1:04:20If there's any issues, reach out to Miss Steve.
- 1:04:22And if you're not getting your phone calls or your attorney for
- 1:04:25your family law case or write a letter to the judge in your
- 1:04:27family law case, but he's allowed to only facilitate your
- 1:04:31child contact with you. OK.
- 1:04:34Thank you. Thank you, everyone.
- 1:04:36Have a good day, Judge. Good day.
- 1:04:37Thank. You so great granny in the chat
- 1:04:40is asking about the acoustics and the sound in this courtroom.
- 1:04:43So they actually spent a couple of months late last year doing
- 1:04:48technical upgrades in this courtroom.
- 1:04:51And the solution, the final outcome was the audio got worse.
- 1:04:55But we watch Judge Glaser because her anger level is
- 1:05:00proportionate to the closer she is to lunchtime.
- 1:05:05So as the morning, as the morning ramps up, you'll see her
- 1:05:10get more and more angry and she has interesting outbursts and
- 1:05:13stuff like that. But time to change it up.
- 1:05:17Let's move slightly N we'll go to Georgia, Fulton County's
- 1:05:23all-purpose calendar. This is Judge Morrow.
- 1:05:25A factual basis and venue would just ask the court to follow the
- 1:05:29state's recommendation as a negotiated plea judge.
- 1:05:32And she did spend 17 days so. So this turns out to be a time
- 1:05:37served sentence. OK.
- 1:05:41Miss Nelson, it's my understanding that in case
- 1:05:4425CR004044J you wish to plead guilty to battery family
- 1:05:50violence and in case 26CR000258-J, you wish to plead
- 1:05:56guilty to simple battery family violence.
- 1:05:58Is that correct? You have to speak up for me.
- 1:06:05Yes, you're on the correct. Are you under the influence of
- 1:06:09any drugs or alcohol this morning?
- 1:06:11No. You're honor.
- 1:06:14You've been represented by counsel.
- 1:06:15Are you satisfied with his representation?
- 1:06:21You understand that you have a right to a trial by jury on
- 1:06:24these charges and that by pleading guilty to them, you're
- 1:06:26giving up that right? Say it one more time for me.
- 1:06:33Yes, John. Has anyone forced you or coerced
- 1:06:36you to plead guilty? No, Your Honor.
- 1:06:40I'll accept the plea I've negotiated.
- 1:06:42Miss Nelson. When you complete the terms of
- 1:06:44the probation, I'll have it go to a non reporting status.
- 1:06:47Good luck to you, ma'am. Thank you.
- 1:06:51You too, ma'am 50. 3 Miss Stanford.
- 1:07:01Also a negotiated plea. Yes, Judge, it is.
- 1:07:08Good morning, Miss Stanford. I'm Judge Eric Marr.
- 1:07:10This is the state all-purpose calendar.
- 1:07:12Will you raise your right hand for me, please?
- 1:07:15Do you swear or affirm The testimony you're about to give
- 1:07:18before this court will be the truth, the whole truth and
- 1:07:20nothing but the truth. Thank you.
- 1:07:23You can place your hand down. Miss Evans Battle.
- 1:07:27Yes, your Honor, as to count 1 is 12 months probation, complete
- 1:07:32the Operation 21 law and decision making class, complete
- 1:07:3730 hours of community service. Stay away from the location of
- 1:07:42Washington Park which is at One O 2 Ollie St. in Atlanta.
- 1:07:48As to count 212 months probation, pay a fine in the
- 1:07:52amount of $300, stipulate to identity, venue and a factual
- 1:07:56basis for the plea. Thank you, Your honor.
- 1:08:00Yes, Mr. Odad. Judge, we stipulate ask the
- 1:08:04court to consider terminating probation upon completion of the
- 1:08:11requirements. I did want to mention she's not
- 1:08:13going to be released right away, Judge.
- 1:08:15She has a felony case that she's going to a prelim I think next
- 1:08:20week. Judge OK.
- 1:08:24Miss Stanford, it's my understanding that in case 26 CR
- 1:08:28000103 Y you wish to plead guilty to lording and prowling
- 1:08:33and willful obstruction of law enforcement officers.
- 1:08:35Is that correct? Yes.
- 1:08:38Are you under the influence of any drugs or alcohol at the
- 1:08:40present time? No.
- 1:08:44Been represented by Council? Are you satisfied with his
- 1:08:47representation? Yes.
- 1:08:51You understand that you have a right to a trial by jury on
- 1:08:54these charges and that by pleading guilty to them, you're
- 1:08:56giving up that right. Yes.
- 1:09:00Has anyone forced or coerced you to plead guilty?
- 1:09:06I'll accept the plea as negotiated.
- 1:09:07Miss Stanford, When you complete the terms of the probation, I'll
- 1:09:10have it terminate. So the sooner you get it done,
- 1:09:12the sooner you won't be on probation.
- 1:09:14Good luck to you, ma'am. Thank you.
- 1:09:17Yes, ma'am. For passing the times in court
- 1:09:22for two. OK.
- 1:09:25We can go with positions one through 6, Mr. Benton.
- 1:09:32Good morning, Miss Rainford. This is going to be a negotiated
- 1:09:35plea. Yes, Judge.
- 1:09:38Good morning, Mr. Benton. I'm Judge Eric Morrow.
- 1:09:40This is the state all-purpose calendar.
- 1:09:42Will you raise your right hand for me, please?
- 1:09:43Sir, Do you swear or affirm The testimony you're about to give
- 1:09:47before this court will be the truth, the whole truth and
- 1:09:49nothing but the truth. Thank.
- 1:09:52Thank you. Mr. Benford.
- 1:09:53You can place your hand down, Sir.
- 1:09:56Miss Evans Battle. Yes.
- 1:09:59As to of case ending in 300C, count 1 of 12 months serve 128
- 1:10:08days and we would commute to time serve.
- 1:10:12As to count 212 months, 120 serve, 120 days commute to time
- 1:10:19serve, count 3 would merge into count. 1.
- 1:10:24In that particular case, stipulate to identity, venue and
- 1:10:28a factual basis for the plea as to count 3O2, what would be 12.
- 1:10:34I'm sorry about a case three O 212 months a serve 120 days
- 1:10:40commute to time serve as well in that particular case.
- 1:10:46As to the third case ending in 2O9G count, it would be battery
- 1:10:5612 months serve 120 days credit for time serve balance probated.
- 1:11:02Complete the family violence intervention program.
- 1:11:05No further contact with star Keisha Laster.
- 1:11:09Complete 40 hours of community service and we would ask that
- 1:11:15the probation reporting continue throughout the term of that
- 1:11:20probationary period. I'm not sure that we get case
- 1:11:2621CR0052O6G placed on the calendar.
- 1:11:34What? That's willful obstruction of
- 1:11:36law enforcement officers. Yes.
- 1:11:39OK. I have it on my calendar.
- 1:11:41Have you been able to discuss that with him, Miss Rainford?
- 1:11:43No. You're on.
- 1:11:45I did not discuss that with him, but I can briefly.
- 1:11:48OK, if you'll go ahead and do that so that if these are all
- 1:11:50the charges that he have, we can take care of them all.
- 1:11:54And you're only asking, you're asking for a $300 fine on that?
- 1:11:58Yes. OK.
- 1:12:02All right, so go ahead and mute yourself there, Miss Rainford,
- 1:12:05and let me know when you're ready to proceed.
- 1:12:26OK, great Granny, thank you for the $2.00 super chat TCF.
- 1:12:30Never boring, always original content.
- 1:12:32Thank you. That's what we really strive for
- 1:12:34here. Original Daniels.
- 1:12:36Nina says in the chat that this is the first time TCF has come
- 1:12:42up. In my courtroom feed.
- 1:12:43I'm seeing judges I haven't ran across before.
- 1:12:46That's kind of what we try to do here is show court from around
- 1:12:49the country, be able to see different things, experience
- 1:12:53different things. Some of it's cool.
- 1:12:55Every now and then we run across a dud.
- 1:12:57You just never know. Every day is different, but the
- 1:13:00idea here is to learn, to discover, to have fun, and as a
- 1:13:05bonus, you get to interact with quite honestly, one of the best
- 1:13:08communities, if not the best in law tube.
- 1:13:10The people here are wonderful, so stick around, you'll enjoy
- 1:13:13it. Let's change it up.
- 1:13:14Let's go to Michigan Judge mom Elizabeth Desanto.
- 1:13:30All right, so let's go on the record in the matter of the
- 1:13:36Andrella Hagger 22991 and Council, your appearance,
- 1:13:42please. Good morning, Your honor.
- 1:13:44Chris Percentke on behalf of Miss Hagger.
- 1:13:46This this I'm in the wrong thing?
- 1:13:50No, Sir, you're right where you're supposed to be.
- 1:13:52It's just going to be a little bit before your hearing.
- 1:13:55OK. And so ma'am, your name for the
- 1:13:57record, please. OK, thank you.
- 1:14:00Today is the date scheduled for probation violation.
- 1:14:02Miss Hanger is on probation for attempt retail fraud and it's
- 1:14:06alleged that she failed to appear for probation visits on
- 1:14:09November 9th of 2022 and November 29th of 2022.
- 1:14:14And Council. Yes, John, I had a review of the
- 1:14:18documentation that was sent to me indicates that, yes, you
- 1:14:21missed these two dates. I gave her the notion of what
- 1:14:24she was able to do regarding the hearing to contest whether or
- 1:14:26not she was there on those date and time that will not be
- 1:14:28necessary. She'll admit that she failed to
- 1:14:31appear at those probation visits, Your Honor.
- 1:14:36OK. And so, ma'am, please raise your
- 1:14:38right hand. Do you solemnly swear or firm
- 1:14:40testimony you're about to give him this man to be the truth,
- 1:14:41the whole truth and nothing but the truth.
- 1:14:43OK. Can you speak up a little bit
- 1:14:45more loudly, please? Perfect.
- 1:14:47Thank you. I'm recording on my device here
- 1:14:49so that that's OK. And so ma'am, you did hear you
- 1:14:52can you may lower your hand. You did hear the allegations
- 1:14:57that were saved on the record, correct?
- 1:15:00As to the allegations, ma'am, how do you plead?
- 1:15:06And you've gone over your advice of rights for probation
- 1:15:08violation purposes, correct? And you understand all of those
- 1:15:12rights? Yes, he was, he was saying like
- 1:15:15pay the balance over $1000 and then continue the preservation.
- 1:15:20That's right. Well, no, first I want you to
- 1:15:22understand that you your various rights you have for probation
- 1:15:26violation hearing and that by entering into a plea that you're
- 1:15:29going to be waiving some of those rights and you've gone
- 1:15:32over those rights with your attorney, OK.
- 1:15:34You also understand the possible penalty as a result of your
- 1:15:37plea, whether in this court, any other court or administrative
- 1:15:40agency. And you understand the
- 1:15:45recommendation this matter is for probation to be revoked
- 1:15:49under advisement status to be revoked probation violation fee.
- 1:15:52And it says 15 days jail. Do you understand that?
- 1:15:55And as well as paying the balance in full and knowing all
- 1:15:59that, do you want to continue with your plea?
- 1:16:03Has anybody promised you anything, threatened you or
- 1:16:05coerced you in any way for you to enter into a plea?
- 1:16:08Any immigration issues? No, Your Honor.
- 1:16:10All right, counselor, if you can, please boardview your
- 1:16:12client. Yes.
- 1:16:13I'd like to direct your attention the dates of November
- 1:16:169th, 2022 and the dates of November 29th to 22.
- 1:16:21Do you stipulate that you did not appear to probation visits
- 1:16:25as previously ordered by the court?
- 1:16:26All right. Can you speak up please?
- 1:16:31OK. Satisfied the.
- 1:16:37Court is also satisfied the plea is knowing, voluntary and
- 1:16:40factually accurate, and the court will accept your plea to
- 1:16:47the probation violation, indicate technical violations 1
- 1:16:49and 2 will enter based upon your plea and counsel.
- 1:16:53As to the recommendation. Your Honor, my client indicated
- 1:16:58that she was unaware for whatever reason that this was
- 1:17:00still an outstanding issue. But she is now gainfully
- 1:17:03employed. She works at UPS, She's a
- 1:17:04package handler. She lives in Detroit with her
- 1:17:06mother. She's not on probation or
- 1:17:08parole. She's 27 years old.
- 1:17:10I know it's a little bit older of a case, but I'd ask if she'd
- 1:17:13be given an opportunity for a review, see if she can get this
- 1:17:16balance outstanding and potentially find herselves in a,
- 1:17:18in a more advantageous position. Obviously with the balance.
- 1:17:21I, I think that, you know, sending her to jail at this time
- 1:17:23would potentially lengthen the amount of time that you could
- 1:17:27get this balance zeroed out. So I'd ask for a delay of any
- 1:17:30aggressive admonishment at this time.
- 1:17:32Your honor. So, ma'am, why didn't you appear
- 1:17:36over the last three years? At the time they they told me
- 1:17:40that they had a miscommunication with the the case that they put
- 1:17:45retail fraud. It was, it was attempt to retail
- 1:17:48fraud and they never made a adjustment on the case.
- 1:17:53I don't know what that was about, but it was attempt retail
- 1:17:55fraud, not retail fraud. No, I right.
- 1:17:58So, but I don't understand how that affects you appearing for
- 1:18:02your probation appointment. I'm saying, like, why would I go
- 1:18:04to probation if there's like Obama confirmation for something
- 1:18:08that's not accurate on money because you're ordered to
- 1:18:11participate in probation. I'm saying, but it was it's not
- 1:18:14accurate. OK, So what did you do to try to
- 1:18:19correct it or bring a protection officer and ask him to switch it
- 1:18:23and fix the thing that was on the, you know, the paperwork
- 1:18:26even to fix this. And how do you know that was
- 1:18:30never fixed, ma'am on the case online?
- 1:18:36And I understand. I just need self.
- 1:18:41OK. And so ma'am.
- 1:18:43So then you thought it was a the best practice to just ignore it?
- 1:18:46Not ignore it. Like I said, I fought numerous
- 1:18:48times to have a better call back.
- 1:18:51Did you come up here? Yeah, I didn't come up here.
- 1:18:54I just gave the call back. Right.
- 1:18:55So if, if it was that important to you, ma'am, why didn't you
- 1:18:58come up to the court? This is my first time coming to
- 1:19:03the court. I never knew I had.
- 1:19:04And I'm not sure what you're looking at because I'm showing
- 1:19:06attempt. I'm showing right on your
- 1:19:08criminal history. I'm showing attempt when they
- 1:19:10didn't fade in the on online. So the line said retail fraud
- 1:19:14and never said attempt when they they sent me.
- 1:19:16The the link. When I just talked to a
- 1:19:19background check and never said attempt to retail fraud, I said
- 1:19:21retail fraud. So well, I'm looking right.
- 1:19:25The only reason I'm looking because I had to do the job to
- 1:19:27make the background check. Like it popped up for me to do
- 1:19:29it back like a background check and it said it reads up for not
- 1:19:32a ten week. Well, that's interesting because
- 1:19:34it's also suppressed because of the height of status.
- 1:19:36So I have no idea what it is you're looking at or not looking
- 1:19:39at. But in any event, you took 2 and
- 1:19:413 1/2 years to or three years to take care of this inefferated
- 1:19:47like when they were nothing didn't get stolen.
- 1:19:50And so I'm just trying to see how it can proceed and you're
- 1:19:53properly in it. I know he, the attorney said pay
- 1:19:58this fine in the probation. Well, the the recommendation is
- 1:20:04for probation to be revoked and, and under advisement to be
- 1:20:07revoked because you didn't do anything that you were ordered
- 1:20:10to do, ma'am. He said just pay the the fine
- 1:20:13and then, you know, probation. That's not how that works.
- 1:20:18Just pay the fine and then probation.
- 1:20:19The court the recommendation is to revoke probation.
- 1:20:24You didn't do you didn't participate in your economic
- 1:20:27crime program. You didn't participate in your
- 1:20:30random testing. You didn't participate in
- 1:20:32workforce. One of the conditions was random
- 1:20:37testing, ma'am. And you didn't did you resolve
- 1:20:40your outstanding, excuse me, did you resolve your outstanding
- 1:20:43words? I'm working on that as well.
- 1:20:46OK, Go through the list of words I had to say.
- 1:20:48I think so in July of 15th of 20 in July of 22 is when this court
- 1:20:55sentenced you to those conditions and you didn't do any
- 1:21:00of those. I'm sorry.
- 1:21:01It was August 15th of 2022. A like tickets off you talking
- 1:21:08about like civil warrants by driving ma'am, all of the
- 1:21:13warrants you had sent warrants for your arrest and paying all
- 1:21:17of my receipts off if you go to my civil war of surgery.
- 1:21:21I've been paying for numerous toy off over $3000.
- 1:21:25OK and that's good ma'am, but this court ordered you to
- 1:21:32participate in probation and you didn't do anything.
- 1:21:35You didn't appear probation appointments, you didn't do
- 1:21:39anything. So council, why should this
- 1:21:44court not revoke the under advisement status and not revoke
- 1:21:47probation and allow your client to continue when she didn't do
- 1:21:50anything in the last three years?
- 1:21:53You know, and I'd only ask you to consider that she does have
- 1:21:55a, a strong caliber job. And I think that, you know,
- 1:21:58there was a little ambiguity there.
- 1:21:59I, I, I wish that obviously we could go back in time to get
- 1:22:02this solidified in a different manner, but she's still in a
- 1:22:04position where she can clear her balance with the court, I
- 1:22:06believe, in a relatively efficient manner.
- 1:22:09And I'm concerned that if it were just to be revoked
- 1:22:12immediately or put into jail, progress that she's made would
- 1:22:15be halted. So I'd ask that she'd be just
- 1:22:17given a review date on this particular matter to see what
- 1:22:19sort of progress she makes, because obviously the
- 1:22:21admonishment of jail or probation being revoked can be
- 1:22:24implemented in any time. I'd ask if she'd be given one
- 1:22:27final opportunity to demonstrate full compliance with this
- 1:22:29honorable court. Thank you, Judge.
- 1:22:36Can I speak? What's that, ma'am?
- 1:22:41I say, can I speak? What's that?
- 1:22:43Like I said, like I said, I have been paying over numerous, a lot
- 1:22:46of seats that like a lot of my and numerous of my money has
- 1:22:49gone through. Like I said, my my license has
- 1:22:53been suspended for five, maybe over five years.
- 1:22:58I'm like a lot of money towards that.
- 1:23:00So you can pull it up into the system.
- 1:23:03It's been Southfield, ONIA. Like I said, I might have
- 1:23:07ignored this situation, which I did, you know, once I tested the
- 1:23:11multiple payments, but it's only so much I can do with just
- 1:23:14working at UPS. I understand as far as the
- 1:23:17payments, right, you have limited income.
- 1:23:20However, you didn't do anything with probation with this court
- 1:23:25because you had some information that it was the, IT was the
- 1:23:28incorrect plead or charge that was on your record.
- 1:23:33So instead of coming up and meeting, had you met with your
- 1:23:36probation officer on those two dates, you could have addressed
- 1:23:38that. I told you that.
- 1:23:41But. It was due.
- 1:23:43It was like in it either way. Either way, you didn't show up
- 1:23:46November 9th at 22. You didn't show up November 29th
- 1:23:49at 22. Here's what I'm going to do,
- 1:23:51Ma'am, You're getting one chance.
- 1:23:53That is it. The court's going to order your
- 1:23:57probation to be reinstated or continue probation.
- 1:24:3212 months complete, all terms previously ordered. 15 days jail
- 1:24:50suspended. We'll continue your under
- 1:24:56advisement status which will be revoked if any violation.
- 1:25:13The 15 you said it's on the 15 days.
- 1:25:17I suspended it. Ma'am, if there's a violation,
- 1:25:19you'll be doing those 15 days. OK.
- 1:26:13Stop at probation. Somebody will be with you
- 1:26:15shortly and we'll go over all of your terms and conditions that
- 1:26:18were previously ordered. We're going to be required to do
- 1:26:20all those. Have a good day.
- 1:26:26Thank you, Judge. So I was curious about this
- 1:26:31because the jail for her was suspended.
- 1:26:36So I was curious if there's like an overcrowding situation or
- 1:26:39something like that, 'cause we've seen that before where the
- 1:26:41judges are encouraged to not put people in jail if they can avoid
- 1:26:45it. But current Wayne County stats,
- 1:26:50this is as of today, because they're their department has a a
- 1:26:56dashboard. Their inmate population is at
- 1:26:591339, which is a lot of people in jail to be sure.
- 1:27:04But the jail holds about 2600. So it's not a population
- 1:27:09problem. They're only at about half
- 1:27:11capacity. So but they could have a
- 1:27:14staffing situation or something like that where they don't have
- 1:27:17the officers to care for the people.
- 1:27:19I just, I'm curious if there's something something going on
- 1:27:23there where they're encouraged not to jail people unless they
- 1:27:26absolutely have to. It's just, it's a question.
- 1:27:29Anywho, let's change it up. Texas Judge West.
- 1:27:33Yes, you are. You have all his own work space.
- 1:27:48Jail reports. Jennifer.
- 1:28:29All right. Are you Ellen St.
- 1:28:30Clair And Mr. W? Will your client waive the
- 1:28:33formal reading of the indictment in each case?
- 1:28:36Yeah, sure. Mr. Saint Clair, in clause
- 1:28:41number 23, DCCR 2044, you're charged with the first degree
- 1:28:46felony offense of aggravated robbery and that's from August
- 1:28:5015th of 2023. And how do you pleaded that
- 1:28:53charge? Are you pleading guilty freely
- 1:28:57and voluntarily? Yes, ma'am.
- 1:28:59And are you pleading guilty because you actually did what
- 1:29:01they charged you with? And then it cause #23 DCCR 2117,
- 1:29:09you're also charged with the first degree felony offense of
- 1:29:12aggravated robbery from August 15th of 2023.
- 1:29:16And how do you pleaded that charge?
- 1:29:19Are you pleading guilty freely and voluntarily?
- 1:29:22And because you did what they charged you with in both of
- 1:29:25those cases, I have here on the tablet some documents that have
- 1:29:28your signature on them that the states marked as exhibit #1
- 1:29:32before you signed these, did you go over them with Mr. West, the
- 1:29:37ones on the tablet? And did you and do you
- 1:29:40understand what you signed those documents, OK.
- 1:29:45And do you understand if I follow the agreement that you
- 1:29:47made with the District Attorney that you're waving or giving up
- 1:29:51any right to appeal? So you can't change your mind if
- 1:29:53I follow these agreements later and say I don't want to take
- 1:29:56these deals. Do you understand?
- 1:30:02If so, if I follow this agreement and I give you the 10
- 1:30:06year deferred probations and all of that, you can't later say I
- 1:30:09want to change my mind, OK. And it looks like the agreements
- 1:30:13that you've reached with the District attorney's office is a
- 1:30:1710 year deferred probation. In each of those cases, there
- 1:30:21would be a $1000 fine. In each case, there would be
- 1:30:24dismissals as part of this and cause numbers 23 DCCR 139-O and
- 1:30:3023 DCCR 2043. There would be no contact with
- 1:30:36the victim. Any additional conditions
- 1:30:40included after we get a pre sentence report which could
- 1:30:43definitely include some type of treatment, ISF or something like
- 1:30:47that. Do you understand?
- 1:30:51Do you understand if you're not AUS citizen, that a plea of
- 1:30:53guilty or no contest may result in your deportation, exclusion
- 1:30:57from admission to the country, or denial of naturalization
- 1:31:01under federal law. State tenders #1 in each case.
- 1:31:04Objection. It's admitted in each case.
- 1:31:06Is there any evidence that Mister Saint Clair is not
- 1:31:08competent? All right, I'm.
- 1:31:11Sorry sure if. I may just.
- 1:31:12So Mr. Saint Clair understands, typically we don't write that in
- 1:31:16a plea paper. What my intention?
- 1:31:18Was and what Mr. West and I had discussed based on his very
- 1:31:21young age, was to be able to include everything that we could
- 1:31:25to help him at this stage of the game before he gets himself into
- 1:31:28or trouble. So that was our intention and
- 1:31:31including that. Those things are.
- 1:31:32Meant to help. You.
- 1:31:38Thank you. Miss Multino.
- 1:31:40So states one is admitted in each case and there's no
- 1:31:44evidence that he's not competent, correct.
- 1:31:47So Mr. Saint Clair, I'm going to find in each of your cases that
- 1:31:50you entered your pleas that guilty freely and voluntarily.
- 1:31:53Find that you're mentally competent and you understand the
- 1:31:55nature and the consequences of your pleas.
- 1:31:58Find sufficient evidence to find you guilty in each case.
- 1:32:00But I'm going to reset your cases for sentencing so that the
- 1:32:03probation department can do that pre sentence report.
- 1:32:06That'll give me more information about you and your cases and
- 1:32:08then we'll come back later for sentencing.
- 1:32:12You cannot get APSI bond. I have 34 pages now of jail
- 1:32:19incident reports. When you come back for
- 1:32:23sentencing, if I go along with this agreement, it will require,
- 1:32:27I'm telling everybody right now you will go to ISF.
- 1:32:30OK. And that's meant to give you
- 1:32:32tools to be more successful. But I don't know.
- 1:32:36You've been in there long enough.
- 1:32:37I think you've probably seen two that were given ISF and a
- 1:32:42condition of their bond. I mean, a condition of their
- 1:32:45probation was not to get any jail incident reports.
- 1:32:49And they never made it to ISF and I revoked their probations.
- 1:32:52And I'm telling you now, I will do that.
- 1:32:56If you continue to act like an absolute heathen at our jail and
- 1:33:01treat everybody, including the correctional officers, other
- 1:33:05inmates like you have been, you're never going to see the
- 1:33:09light of day again for a long, long time.
- 1:33:11These are aggravated robberies. They're first degree felonies.
- 1:33:15If you violate your probation, I can give you the rest of your
- 1:33:18life in prison, minimum five years in prison up to 99 years
- 1:33:23or the rest of your life. And I don't know if you can
- 1:33:26tell, but I hope you can, how serious I am that this isn't
- 1:33:30going to be some little five year, oh, he was just acting up
- 1:33:33in the jail kind of thing. And he's young.
- 1:33:35If you can't follow the rules, then you're not going to get
- 1:33:38these deals and you're going to end up in prison for a very,
- 1:33:41very long time. So it's time to straighten up.
- 1:33:44I don't care what everybody else is doing in the jail.
- 1:33:47You need to go in and say, I don't want this deal.
- 1:33:50I want to get out. I want a real life, I want a
- 1:33:52family. I want to work and just have a
- 1:33:55normal life. I'm going to sit in my bunk when
- 1:33:58I'm supposed to. I'm going to dress like I'm
- 1:34:00supposed to. I'm going to do what I'm
- 1:34:02supposed to when I'm. So you don't get to make the
- 1:34:03rules when you're there. You get out.
- 1:34:05You're on probation. You have some freedom, right?
- 1:34:08You don't have that freedom in there.
- 1:34:10Prove to me between now and sentencing that you can do it.
- 1:34:13OK. Go back with the bailout.
- 1:34:17Yes, Sir. Thank you.
- 1:34:34Mr. Burbank, you have Azarian Adams.
- 1:34:41Are there witnesses or just. OK, I'll let you just proper
- 1:34:46what she would say unless I need some specific information.
- 1:34:54Good morning, good morning. Are you Gazarian Adams and this
- 1:35:05is cause numbers 23, DCCR 0492 and 0493.
- 1:35:11Mr. Adams is on probation in each of those cases for the
- 1:35:18third degree felony offense of deadly conduct.
- 1:35:20Discharging a firearm was placed on probation September 26th of
- 1:35:252023. Looks like the allegations in
- 1:35:28those motions are an alleged new offense of fleeing from a police
- 1:35:34officer in December of 2025, Unlawful carrying a weapon
- 1:35:39December of 2025. Failing to associate with
- 1:35:44disreputable persons or be present at a location where
- 1:35:46criminal act was committed. Failing to report the arrest.
- 1:35:55Failing to perform community service out past curfew.
- 1:36:04Possessing a firearm in violation of probation, behind
- 1:36:09in fees in both cases. Mr. Burbank has filed a motion
- 1:36:14asking that I set a bond in each of the cases.
- 1:36:18He's on deferred probation. And at this time, there's no
- 1:36:22bond. Is that correct, Mr. Burbank?
- 1:36:25You may well let me, Mr. Adams, best you can raise your right
- 1:36:28hand. Do you swear?
- 1:36:29Affirm. The testimony you're going to
- 1:36:30give in this hearing will be the truth, the whole truth and
- 1:36:32nothing but the truth. Thank you, Mr. Burbank.
- 1:36:35You may proceed. Right, just for if I may just
- 1:36:38make a. Brief state, Sure.
- 1:36:40These two new offenses are. I need everybody to hold it
- 1:36:43down. I need you to speak up a little,
- 1:36:44please. Thank you.
- 1:36:47These two offenses are Mr. Rulers.
- 1:36:49I have talked numerous times to the District Attorney.
- 1:36:54He has cooperated and as much as he can.
- 1:36:57We do not have the actual police reports except the PC.
- 1:37:04I don't know if you have the PC or not.
- 1:37:06I don't. I'm that's what I was looking
- 1:37:09for. Any objection to states one.
- 1:37:16One of the things that we are lacking is the video of the
- 1:37:20scene because I kind of, I read it as a kind of questions.
- 1:37:27So firearms being in the back seat, There were other people in
- 1:37:32the car and the firearms were next to them.
- 1:37:37No one claimed ownership. But basically because he was the
- 1:37:40operator of the car, he was arrested.
- 1:37:43I will also submit to you that you were probably the only one
- 1:37:48that was not intoxicated at the time.
- 1:37:51And as such, it was not his car and he had to get home.
- 1:37:56And so he was the designated driver at the time.
- 1:38:01And so with that judge, the other thing too, I want to point
- 1:38:05out is I've asked Mr. Adams, I believe that he has no write ups
- 1:38:10in the jail since he's been incarcerated in reference to any
- 1:38:16disciplinary actions. And I would like to call Mr. Go
- 1:38:20ahead. For the name for the
- 1:38:23restriction. There you.
- 1:38:26Go and what I have told the court in reference to.
- 1:38:30Your behavior. In jail have you acting
- 1:38:33accordingly and you have not had any?
- 1:38:37How long have you been incarcerated?
- 1:38:39How long been in jail? 18 days.
- 1:38:44Now you realize that one of the violations is No, you haven't
- 1:38:49been doing your community service before.
- 1:38:52Correct. Have you addressed that problem
- 1:38:54since you've been in in front? Yes.
- 1:38:59Sir, speak up. I connected with my preacher.
- 1:39:02Who's your preacher? Jeremy Williams.
- 1:39:05And he has a church on Washington Blvd. and he has
- 1:39:09advised or has told you and your family that he would make sure
- 1:39:14that you got on the right track. And did what you needed to do,
- 1:39:17correct? In addition, your mom's back
- 1:39:20here, correct? You may not have known that
- 1:39:22she's right. You realize that you shouldn't
- 1:39:26have been where you were in. Correct.
- 1:39:28And you shouldn't have been in a car with with firearms, right?
- 1:39:31Though we do have affidavits from the people they are
- 1:39:34claiming ownership. We haven't got to that.
- 1:39:39They were not your father. OK.
- 1:39:43If the court was to consider probing to, to, to, to post a
- 1:39:48bond, do you have any problem living with your mom having a
- 1:39:54monitor on or any other type of monitor to whether drugs or
- 1:39:59alcohol or anything like that, Correct.
- 1:40:03And abide and try to get back on track again, You do not have any
- 1:40:09assets or reference to bank accounts or anything like that,
- 1:40:12correct? And though I am here, this money
- 1:40:15came from family. You don't have anything to post.
- 1:40:20Well, you'd have enough to post a reasonable bond.
- 1:40:25One was. Is that correct?
- 1:40:29I have nothing for the bridge unless you might ask some
- 1:40:32questions and offers. Give me just a second.
- 1:40:38Thank you. I want a last Do you have a job?
- 1:40:48No. Sir.
- 1:40:51Can you get a job? Yes, Sir.
- 1:40:54When was your last job? Construction site, August.
- 1:41:00In August. So what were you doing under the
- 1:41:02construction site? Flagging.
- 1:41:04Flagging. Yes, Sir.
- 1:41:07You think you can get that back? I'm actually getting my CDL.
- 1:41:11It's also supposed to met with the school that I've been
- 1:41:13getting to and I got I'm on my last step to getting my CDL.
- 1:41:17So you were enrolled in the school at the time this
- 1:41:20happened? Yes.
- 1:41:21And you only have one more stage in order to get your CDL
- 1:41:24lessons. Yes, Sir.
- 1:41:44Mr. Nichols. Judge, my concern is this.
- 1:41:48He's on Pro 2 probations for being involved in a shooting, 2
- 1:41:51deadly conducts. It was a situation where shots
- 1:41:54were exchanged with two different groups of people and
- 1:41:57he was on one side of that and obviously there wasn't much
- 1:41:59cooperation from the other from either side.
- 1:42:01So he ended up with two deadly conduct probations.
- 1:42:04Here we have him in a car with two other guys, three people,
- 1:42:06three guns and the reason once, once the officer tries to pull
- 1:42:12them over, they slow roll for a few more blocks.
- 1:42:14That's why it's eluding and not hurt or fleeing a police officer
- 1:42:17and not abating in a motor vehicle.
- 1:42:19And of course, during that time, all three guns are hidden under
- 1:42:22a jacket in the back seat. I don't think that's a
- 1:42:25coincidence that we haven't delayed pulling over and then
- 1:42:29three guns are in the back seat. What I don't have is a full case
- 1:42:32support of all the details. But we can tell.
- 1:42:34That from the. Problem cause affidavit.
- 1:42:38I believe individual he was with is Xavier Kane and I'm if it's
- 1:42:45not in that problem cause definitely that I'm mistaken
- 1:42:47because that's the only information I have.
- 1:42:49If it is Xavier Kane, he's also a felony probation.
- 1:42:51He shouldn't be hanging out with the.
- 1:42:54Information Who's in the car with you, Lyndon?
- 1:42:58LaSalle. Who's also a felon?
- 1:42:59OK, Lyndon LaSalle, junior. I looked this up for Mr. Burbank
- 1:43:05the other day. There is a Lyndon LaSalle senior
- 1:43:06who's a felon. Lynn LaSalle junior I dismissed
- 1:43:10I'm a professional firing by a felon case several years ago.
- 1:43:13I do. That's why I recall his name.
- 1:43:15OK. He's certainly a person of ill
- 1:43:17repute. So he's, he's a.
- 1:43:19Prior felon. He may not be.
- 1:43:21I think he had a felon. He had a felon, a prior felony.
- 1:43:25OK, but not on anything right now.
- 1:43:27I I don't. Believe he has a record, judge.
- 1:43:31Who was the other person that was in the car?
- 1:43:34Zorian Collins. OK.
- 1:43:36It didn't matter to me, honestly, at that at this point,
- 1:43:39didn't matter. OK, what else?
- 1:43:40Anything else? Just if the courts can set a
- 1:43:44bond, it has to be high enough bond to protect the community.
- 1:43:48This is third case involved in firearms.
- 1:43:52Yeah, So, Mr. Adams, the deadly conducts aren't just, I mean, it
- 1:43:58was a shootout between. I mean, it's just more of the
- 1:44:02same. Hang on, right now is probably
- 1:44:06not a good time for you to say anything like Mr. Burbank.
- 1:44:09So the first case or the two cases that you're on probation
- 1:44:13for, two people actually got shot.
- 1:44:17So you and whoever shooting at each other, you admit it to the
- 1:44:23police officers that day. So there's no, I didn't do it.
- 1:44:25You admit it to it, you pled guilty to it, and two people got
- 1:44:29shot, whether it was your bullets or whoever else was
- 1:44:31shooting, y'all were all shooting at each other because
- 1:44:33your grandma's car got shot up. So obviously y'all were getting
- 1:44:37shot at. Y'all were shooting at people
- 1:44:39and people who had nothing to do with it ended up getting shot
- 1:44:43and you got deferred probation. I sent you to ISF, right?
- 1:44:47So you've already been to ISF so that you can get get right, get
- 1:44:52the tools to make better decisions.
- 1:44:54And here you are out at 11:30 at night with three guns in the
- 1:44:58car, smelling like marijuana, cruising around doing what, when
- 1:45:01you're supposed to be at home with three guns in the car.
- 1:45:08Should you have been at the party?
- 1:45:11OK, so it's it's hard for me to believe when you're out at a
- 1:45:20party and you're on 2 felony probations for two people
- 1:45:23getting shot that you just ended up in some car.
- 1:45:28Why didn't you pull over? I'm not asking you to answer
- 1:45:30right now, but you didn't pull over when they asked you to.
- 1:45:34When they got behind you, you kept going.
- 1:45:37So at this time I'm going to find.
- 1:45:53All right. I'll grant the motions, but I'm
- 1:45:55setting the bonds in each of the cases at $200,000.
- 1:45:59A condition of those bonds, if you make them, is that you will
- 1:46:04be required. And I thought at some point I
- 1:46:07thought I put you on house arrest, but I guess you weren't
- 1:46:09on house arrest at the time of this.
- 1:46:11Or were you supposed to be on house arrest?
- 1:46:14OK, so you will be, if you make the bonds of 200,000 in each
- 1:46:19case, then conditions of those bonds are that you have to wear
- 1:46:25AGPS monitoring device and you will be on house arrest.
- 1:46:29You cannot leave your house except to come to court or visit
- 1:46:33with Mr. Burbank without my permission.
- 1:46:34Do you understand? All right, go back to the
- 1:46:37bailiff. We.
- 1:46:41Can set this. Up you're watching TCF live.
- 1:46:46Happy Tuesday. Good to have you all here.
- 1:46:48For the new people that are out there, and I know there's a
- 1:46:51couple of you this morning, I would call your attention to the
- 1:46:54show that we do Tuesdays and Thursday evenings here.
- 1:46:57It's called Sidebar, 8:00 PM Eastern, 5:00 PM Pacific.
- 1:47:00So you get one of those tonight, and this is a community based
- 1:47:04show. It was actually thought up by
- 1:47:06our community members, our channel members.
- 1:47:09We have some regulars on the panel that are here with you in
- 1:47:13the chat this morning and we talk out different topics and
- 1:47:16whatnot. So be sure to join us for that
- 1:47:18right here on this channel tonight.
- 1:47:20I'd also call your attention to In the Blind with Mike and Dan,
- 1:47:23which is a new show that Michael Groff and I are doing.
- 1:47:26Since there was some confusion about this yesterday.
- 1:47:29I want to stress it is not a TCF show.
- 1:47:32It is a separate thing on a separate channel.
- 1:47:34Barbara has put a link out there in the chat so you can check
- 1:47:37that out. Please do go over there and
- 1:47:39support us. It's a lot of fun.
- 1:47:41The thing there is Mike and I have no idea what we're going to
- 1:47:44talk about until we actually start the show.
- 1:47:45So it's a lot of fun. Let's go back to Judge West.
- 1:47:49Dash 14477 and then 19-32216 previously in court pled true to
- 1:47:59counts. Looks like one through 6 or 7.
- 1:48:03The numbers are kind of well pled true to failing to report,
- 1:48:09failing to appear in court for judicial review, failing to
- 1:48:13maintain employment, failing to play pay and fail to complete
- 1:48:17anger management. In each of those cases, I've
- 1:48:20received an updated report. Has everyone received that
- 1:48:23report? We have.
- 1:48:24Are there any additions or corrections in that report?
- 1:48:30Addition, if I may and if I may with the Court.
- 1:48:33Obviously we understand that your decision.
- 1:48:35I have spoken at length with Mr. Burbank about it, spoken at
- 1:48:38length, Miss Robinson about it. Obviously the Court will see the
- 1:48:42age of these cases, especially the one that's from 2000.
- 1:48:46Well, they're both only being held.
- 1:48:48I only have one choice, right? Right.
- 1:48:50Revocation. I can't extend her.
- 1:48:53No, no. And that's not what we were
- 1:48:55asking. OK, we.
- 1:48:57Were proposing based on the age of everything and I believe Mr.
- 1:49:01Burbank has the testimony to offer with respect to the fact
- 1:49:04that. She.
- 1:49:06Was gainfully employed at all times.
- 1:49:08She admits that she didn't work for.
- 1:49:10I think she's obviously had the problems on probation, but due
- 1:49:13to the fact that What I. What frustrates me is that she's
- 1:49:20never been in trouble and she's going to become a convicted
- 1:49:23felon real quick. She spent considerable amount of
- 1:49:26time on these MTR. PS.
- 1:49:29Over the. Holidays, etcetera, etcetera.
- 1:49:31And we have all discussed asking the court to possibly consider
- 1:49:35allowing that. It may be a little bit of
- 1:49:38additional time if you feel necessary to serve as a sanction
- 1:49:41and just allow her probations to expire out without giving her
- 1:49:44the convictions due to the fact that these were not underrated
- 1:49:47offenses and the age of obviously up to you, but that's
- 1:49:53just something we have. I also have, for the record, Mr.
- 1:49:58Burbank's office sent over several letters yesterday, one
- 1:50:02from Miss Williams that I've read.
- 1:50:05And so, Miss Robinson, you're here today.
- 1:50:08Thank you for being here. Had some positive things to say
- 1:50:12as well in the updated precedence report.
- 1:50:19What are your thoughts on that proposal, Miss Robinson?
- 1:50:24You do. I can fill on just a little.
- 1:50:30Bit sure. I think she's worked at every
- 1:50:33restaurant during this period of time.
- 1:50:35She's worked at McDonald's, she's worked at Cracker Barrel,
- 1:50:39she's worked everywhere. Whataburger.
- 1:50:43She's had. She has five kids.
- 1:50:46That's right. Yeah, 5.
- 1:50:49Kids, she was currently and still we reached out to Black
- 1:50:54Bear Diner before she was picked up for this incident.
- 1:50:59She accepted a kind of a promotion to be a manager there
- 1:51:04since she's worked her way up from working there to manage her
- 1:51:09position and my understanding is is that it's probably still
- 1:51:12available. Her mom is here too and she
- 1:51:16would just testify. We have attempted to try to get
- 1:51:19to verify the W twos, but because she's been in here we've
- 1:51:24done the best we can in reference that she has been
- 1:51:27avoided. And.
- 1:51:27We provided everything to the state and I would ask that you
- 1:51:35consider all that. Well, Miss Williams, I really
- 1:51:42appreciate your letter more than some that I get because it
- 1:51:47really did seem very sincere. And I appreciate that you have
- 1:51:52come to realize kind of what started all of this back at
- 1:51:57what, 16/15/16, right? And so that real is self
- 1:52:02realization is big. It's taken a while, but it's a
- 1:52:05big. And so a lot of times I get
- 1:52:09letters and I can tell someone else probably wrote them or it
- 1:52:12was not from the heart. And I appreciate your letter and
- 1:52:15I appreciate what everyone's saying here today.
- 1:52:17And based on all that, that I will allow the dismissals of the
- 1:52:21motions to revoke. I'll sign those when it comes
- 1:52:23through. Do better.
- 1:52:26Do better for you and your kids so that you're not back in here
- 1:52:29on anything else. OK.
- 1:52:30All right. Good luck.
- 1:52:31Yes, ma'am. Yes, Sir.
- 1:52:37Thank you. All right, friends, let's stay
- 1:52:39in Texas. But let's go over to Judge Boyd,
- 1:52:42say good morning to her. They're called flago.
- 1:52:47What are flagos? They are not fashionable.
- 1:52:48I'm going to do that right now, but I wore like the matching
- 1:52:53set. So I got the I got the pants and
- 1:52:55I got the top. I wore those out in the 18°
- 1:52:58weather. I didn't feel a thing for 20
- 1:53:01minutes. Wow.
- 1:53:03I didn't and I didn't feel a thing until my, my feet got got
- 1:53:06cold like those things. I, we wore those during the
- 1:53:09freeze. We didn't feel a thing.
- 1:53:10I could have turned off the entire heating system to get
- 1:53:13that from my brothers. I'm telling OK again, not.
- 1:53:16Fashionable. Well, I'm here for the warmth.
- 1:53:19I'm not here for the fashion. I'm making this company famous
- 1:53:22because that it worked. I'm easily cold.
- 1:53:25I'm easily cold. I'll wear 5 layers if I need to.
- 1:53:28I almost came to Courtney's to get that.
- 1:53:31All right, so we're doing discovery issues.
- 1:53:35There's the discovery issues, Judge the and I spoke to states
- 1:53:39the defense the prosecutor is on the case is having car issues.
- 1:53:43She's not here. But the phone dump that was
- 1:53:46talked talked about last setting is has not been produced to
- 1:53:52defense that that's something we're still waiting on.
- 1:53:57All right. So is that the only thing?
- 1:53:59Nope. We also have a motion to
- 1:54:00withdraw judge. OK, so can I see the well before
- 1:54:05we do the phone records thing, let's take up the motion to
- 1:54:09withdraw. Do you have it was filed an
- 1:54:12accepted judge. I just.
- 1:54:13It was done so. Before I got here so I figured
- 1:54:16out a copy anyways all. Right, there's must take class.
- 1:54:31Well, I will tell you the in the back office the electricity is
- 1:54:34out. So do you mind if I keep this
- 1:54:37for the court and they can file stamp it?
- 1:54:39Yes, Sir. All right.
- 1:54:41Have you had a chance to, before we go on the record, have you
- 1:54:43had a chance to review the motion to withdraw?
- 1:54:48I said, I said I'm a copy judge. We, I talked to his mother about
- 1:54:50it on Thursday of last week. Could you talk to him about it?
- 1:54:53I I did talk to him about it as well.
- 1:54:55Yes. OK, so you understand the motion
- 1:54:57to withdraw all right The court is calling 2025 CR 012576 State
- 1:55:04versus Jacob Leal. Can I have parties announced for
- 1:55:07the record for the state, for. The state of Texas.
- 1:55:09For the defense, John Pettis for defense.
- 1:55:11And are you, Mr. Leal, all right?
- 1:55:14Your attorney has filed a motion to withdraw.
- 1:55:17And before I ask you a couple of questions, State, do you have
- 1:55:20any objections to the motion to withdraw?
- 1:55:22All right, State you may be excused.
- 1:55:25So Mr. Leal, I'll just have a couple of questions for you.
- 1:55:28And it's not about the substance of the case, it's just about
- 1:55:31this motion. Could you raise your right hand
- 1:55:33for me, please? Do you solemnly swear from the
- 1:55:36testimony you give would be the truth and nothing but the truth
- 1:55:38so help you God? All right, you can lower your
- 1:55:40hand. State your name for the record.
- 1:55:43All right, Mr. Leal, your attorney has filed a motion to
- 1:55:46withdraw. Have you had a chance to discuss
- 1:55:48the motion to withdraw with your attorney?
- 1:55:51And do you understand your attorney's reasons for wanting
- 1:55:53to withdraw? One of the reasons your attorney
- 1:55:58has in here is related to your contract with the attorney.
- 1:56:03I don't know what your contract is with him or not because this
- 1:56:07is not civil, but that's one of the reasons why he wants to
- 1:56:11withdraw from your case. Do you have any objections to
- 1:56:14your attorney withdrawing? All right, then the court will
- 1:56:17grant the motion to withdraw. Counsel your excuse, but counsel
- 1:56:21when it when he's given a new attorney, whatever discovery you
- 1:56:26have, if you'll make sure that that attorney receives it
- 1:56:29absolutely Judge. All right, you may be excused.
- 1:56:33Mr. Leo, are you going to be able to afford to hire an
- 1:56:36attorney or would you like 1 appointed?
- 1:56:39I'm going to work on getting a court appointment.
- 1:56:42I mean, I'm working on getting an attorney, but right now if I.
- 1:56:43Could like to ever get a court appointment.
- 1:56:48OK, the housing has awesome have like.
- 1:56:50I'm on a house risk. So here's the thing that will
- 1:56:53need to be addressed with whoever your new attorney is
- 1:56:55going to be. So do you want one appointed or
- 1:56:58do you want OK, just have a seat.
- 1:57:01We'll make sure that you get an attorney.
- 1:57:02OK. Thank you.
- 1:57:08All right, that one was short and sweet.
- 1:57:10Let's back to Judge West. Morning, Sir.
- 1:57:13You're Robert Trahan and Mr. Trahan has three cases, 25 DCCR
- 1:57:1810941317 and 1536. Mr. Eckhart, sounds like you
- 1:57:25have been working on the case but need a little more time, is
- 1:57:27that correct? OK, I think by the next setting
- 1:57:37we. Will talk with.
- 1:57:38What direction all this is headed?
- 1:57:40OK, any issues? All right, I'm just going to
- 1:57:43reset your case when we're reset, and Mr. Eckhart will be
- 1:57:45out there to visit with you about everything he has, and
- 1:57:47we'll see if we can get an announcement the next court
- 1:57:49date. All right, you can go back with
- 1:57:50the bailiff. See, Mr. Mr. Parker, you have
- 1:58:06Jason Jones. He's one request hearings, I
- 1:58:11guess. OK, thanks.
- 1:58:39Good morning, Sir. You, Jason Jones and Mr. Parker
- 1:58:43will your client with the formal reading of the motion.
- 1:58:46Mr. Jones, best you can raise your right hand, please.
- 1:58:49Do you swear to affirm the testimony you're going to give
- 1:58:51in this hearing will be the truth, the whole truth, and
- 1:58:53nothing but the truth. Thank you, Sir.
- 1:58:55And so Mr. Jones and cause #23 DCCR 0390, I have a motion to
- 1:59:01revoke your community supervision shows that you were
- 1:59:04placed on probation June 2nd of 2025 for the third degree felony
- 1:59:09offense of unlawful possession of a firearm by felon.
- 1:59:12And that that was a 10 year term in prison that was probated for
- 1:59:16five years. Is that correct?
- 1:59:19It alleges that you violated your probation.
- 1:59:21Count 1 alleges that you were arrested for state.
- 1:59:33Wish to do anything with that wording.
- 1:59:36I would like to amend it. Y'all got to go through all
- 1:59:39these on counts 1 and 2. Any.
- 1:59:46I have no objection but also point out I assume the date is
- 1:59:48wrong on number. Three, that's correct.
- 1:59:52It should read June count 3. This is.
- 2:00:01Yeah, probably. I'll print it.
- 2:00:07I need y'all to go through all these motions for the arrested
- 2:00:10language and change those. Kelly an idea of when it started
- 2:00:17I'm. Sorry when it started.
- 2:00:19She has no idea the P you would the MTRP say arrested for
- 2:00:27instead of y'all, y'all y'all's people write on.
- 2:00:32So I don't know when they started doing that or who.
- 2:00:34If it changed up there, somebody changed that, did that.
- 2:00:40OK, They need to. Somebody needs to make it their
- 2:00:46job to go back through all of them.
- 2:00:48Maybe at least for that year. Seems like it's been an issue I
- 2:00:51think. So.
- 2:00:53OK. But what I'd like to amend, your
- 2:00:55honor, is take out was arrested for and and and put committed,
- 2:01:01so recommitted the offense of. And that's on one and two, any
- 2:01:13objection to that change in Council 1:00 and 2:00 and then
- 2:01:17in count 3? The date should be June 21st,
- 2:01:212020. 5 Any objection to that amendment?
- 2:01:24All right, made those changes and grant all that.
- 2:01:28OK, so count one in the motion alleges that you violated your
- 2:01:33probation by committing the offense, the possession of a
- 2:01:36controlled substance, June 21st of 2025 in Jefferson County,
- 2:01:41Texas. And is that true or not true?
- 2:01:44Count 2 alleges that you committed the offensive
- 2:01:49possession of a controlled substance.
- 2:01:51So the first one is penalty group was penalty group 1-1/1B.
- 2:01:58Count 2 is that you committed the offensive possession of a
- 2:02:01controlled substance, penalty group 2A and is that true or not
- 2:02:05true? And then Count 3 alleges that
- 2:02:09you possessed a drug, marijuana, synthetic marijuana, and crack
- 2:02:13cocaine on June 21st of 2025 and is that true or not true?
- 2:02:18And then count 4 alleges that you fail to stay away from
- 2:02:24locations considered high crime areas by being arrested by BPD
- 2:02:28on June 21st of 2025 in a high drug trafficking area with
- 2:02:33various illegal substances in your possession.
- 2:02:35Is that true or not true? All right, So what we'll do I'll
- 2:02:39enter please. If not true to counts one
- 2:02:41through 4:00. We will reset this for a
- 2:02:43hearing. How long would you anticipate?
- 2:02:46I'm assuming you'll need lab and.
- 2:02:48This the substances have been sent off to independent lab.
- 2:02:51That's product testing that's currently in their possession
- 2:02:53being tested. I've made that request in early
- 2:02:56December, so I expect it to be back before we have it here.
- 2:02:58OK. We'll reset it for hearing.
- 2:03:00I'll get an updated pre sentence report and as soon as obviously
- 2:03:03you get any of that information, get it to Mr. Parker.
- 2:03:07We'll set it for maybe a day where we have a little longer
- 2:03:11than just an 11:00. We'll set it where we have time
- 2:03:14for officers and whatever we need.
- 2:03:16OK. All right.
- 2:03:16You can go back with the bailiff.
- 2:03:23Wow, that crazy. It's just like
- 2:03:44Mr. Radford, you have Corey Fleming's.
- 2:03:53Good morning. Good.
- 2:03:56How about you cold the cold weathers?
- 2:04:23Coleman. Good morning, Sir.
- 2:04:30You're Corey Flemings. And Mr. Flemings has two cases,
- 2:04:3324 DCCR 2144 and 2145, set for trial to begin with jury
- 2:04:39selection next Monday. What is the announcement?
- 2:04:44Judge, we're ready, subject to a ruling.
- 2:04:46On my motion. To watch the enhancement portion
- 2:04:49of the indictment, I would ask which case Mr. Coleman intends
- 2:04:55to try first. We.
- 2:04:56Intend to try the assault on the peace officer Judge He put on
- 2:04:59punishment evidence as soon as I noticed an extraneous of the
- 2:05:03injury to the of the disabled person.
- 2:05:07And so the enhancement portion wouldn't change anything other
- 2:05:11than potential punishment. Yes, ma'am, it would require you
- 2:05:18to declare a Penal Code statute on the Constitution.
- 2:05:25That would be novel for me. Yes, I figured it was.
- 2:05:28I have a case pending in the 9th right now with the same issue.
- 2:05:33So I'm hold on a second. Let me look at the indictment.
- 2:05:36Is it is the enhancement alleged?
- 2:05:42Yeah, so it's alleged in the indictment.
- 2:05:44And so I would need to make that ruling prior to jury selection
- 2:05:51so that well, we don't talk about punishment range in the
- 2:05:56jury selection. I'll, I'll make we'll, we'll
- 2:05:58talk about it. I'll get the case numbered.
- 2:06:00And then if it's numbered one, we'll handle it either prior to
- 2:06:04or just after jury selection because it won't change jury
- 2:06:08anything that you say in. Border if if the punishment
- 2:06:11range is 25 to 99 and he he is convicted and goes to the jurors
- 2:06:18for punishment, I do believe I get to ward our on the potential
- 2:06:21range of punishment. And if he gets to ward our on
- 2:06:23it, certainly the state would ask for reciprocity.
- 2:06:26I don't have a problem with. That well, here's here's how I
- 2:06:31handled any enhancements on punishment and how I would
- 2:06:35intend to handle it is I do not go into specifics or allow you
- 2:06:43guys to go into specifics. I will in my part of talking to
- 2:06:48the jury, explain that there are different circumstances that
- 2:06:52could lead to higher punishments or lower punishments depending
- 2:06:57on the evidence that's presented.
- 2:06:59But getting into specific, especially priors, if I'm going
- 2:07:06to make some ruling potentially that they're not admissible or
- 2:07:09that we're not going to get to until punishment, we're not
- 2:07:11going to get into that on guilt innocence, they're.
- 2:07:13So we're not going to get into it on for Dyer very specifically
- 2:07:17other than if there's something because if you allude to it too
- 2:07:21much, I think you're putting yourself and your defendant in a
- 2:07:24position where you're telling a jury up front that he has
- 2:07:28potential criminal history that could go into their decision
- 2:07:30making and guilt innocence. So we're not going into that.
- 2:07:35I'll say what I say, but as far as spending a lot of time on it,
- 2:07:38that's not going to be an issue during bodire.
- 2:07:41I'm not going to allow it to be 1, but I will make the ruling
- 2:07:44that day so that we know before we get started if you if it's
- 2:07:49going to change anything about the status of trial and if I
- 2:07:57deny it, y'all want to renegotiate or if I grant it,
- 2:08:01then let me know that if you think it'll change anything,
- 2:08:04then I can make that. We can get something done either
- 2:08:08later today or tomorrow. I'll take a look at it so that
- 2:08:11you know ahead of time because I want to know that, you know, if
- 2:08:15I deny the motion to quash, which it sounds like I likely am
- 2:08:20not going to find our Penal Code section unconstitutional, if
- 2:08:24that changes Mr. Fleming's position, they'll talk about
- 2:08:30that today because I want to know that if there's going to be
- 2:08:32some type of negotiation and a plea, I want that done today.
- 2:08:36Yes, ma'am. OK, course.
- 2:08:37Information Regardless of how the court rules, the states were
- 2:08:40there in winning this proceeding trial.
- 2:08:42Yeah. No, it's going to it's it's
- 2:08:44going to be numbered and we're running low on I mean, the
- 2:08:48number one just fled this morning and so it's likely this
- 2:08:52could go. So I want serious talk to Mr.
- 2:08:56Flemings. I've looked at the motion to
- 2:09:00quash. If y'all want to talk about it
- 2:09:02real quick, I can let you make your argument at this point.
- 2:09:04I think we already talked. About it, I think we did.
- 2:09:06And so I mean, I can go ahead at this point and deny that motion
- 2:09:10to quash that you filed. And so that way it's we've
- 2:09:17talked about it, I've read the states brief, I've read what you
- 2:09:21filed, which had your information in it.
- 2:09:23And so that being done, y'all if y'all want to talk, if that
- 2:09:27changes anything. Yes ma'am.
- 2:09:30OK, so do you want me to hold it while y'all visit?
- 2:09:32I'm, I'm going to, I've got a meeting I've got to go to.
- 2:09:34I will visit with him and then if it's going to be a plea, I
- 2:09:38will advise the court. No, it's going to plea today and
- 2:09:40y'all need to talk now or before doc it's over.
- 2:09:43Yes, ma'am. OK, I'll hold it.
- 2:09:51I don't see. A order on his motion.
- 2:10:13All right, well, they rack up another contestant.
- 2:10:15Let's go back up to Michigan, see what's going on with Judge
- 2:10:17Mom. Please.
- 2:10:18So Angelos, OK, moving forward, if you have to be here in court
- 2:10:22before crop taps are not appropriate.
- 2:10:26Not a crop top. Well, I'm seeing your belly
- 2:10:29between your shirt and your jeans.
- 2:10:30So that's a crop top, not a crop top.
- 2:10:33Well, it's a crop jacket. OK Council, today's date
- 2:10:38scheduled for show cause. Well, there was a show cause
- 2:10:42that was scheduled for January 15th on your client's failure to
- 2:10:46pay and your refines the cost on her matter and she did not
- 2:10:50appear on January 12th. And so the court issued a
- 2:10:54warrant January 15th. And Council, do you have an
- 2:10:57opportunity to speak to your client regarding her failure to
- 2:11:00pay $870 on her case? Yes, Your Honor, in this
- 2:11:04circumstance, she's not going to contest that matter.
- 2:11:08All right. And so we can do one of two
- 2:11:11things. If your client is prepared to
- 2:11:13pay some money today and enter into a continued payment plan,
- 2:11:16we can set, we can adjourn the show cause or she can plead
- 2:11:19guilty and we can proceed. Yonah, my plan indicates that
- 2:11:22you did that. In fact, make an online payment
- 2:11:25on Sunday, January 25th. And then I know that potentially
- 2:11:30we were going to be seeking a payment plan that would be
- 2:11:33starting on or about the second of every month.
- 2:11:35So I'd ask in the circumstance that there be an adjournment,
- 2:11:38that would at least give the court an opportunity to verify
- 2:11:40that she did make a payment 2 days ago.
- 2:11:42And then I'd anticipate A secondary payment to be
- 2:11:44implemented before the next court proceeding.
- 2:11:47How much did you pay on Sunday? $50.
- 2:11:57OK. We're going to see it.
- 2:11:58We're going, we're going to recall this matter in a short
- 2:12:00bit. I'm going to see if that shows
- 2:12:02anything about posting and then we'll recall this matter.
- 2:12:05OK. So just have a seat for a few
- 2:12:09minutes then we're going to just double check on that.
- 2:12:12All right. And we are on the record in the
- 2:12:18matter of the city of Wyandotte versus Mikaela Laux. 251613 Good
- 2:12:26morning Arnica Strasenke here on behalf of Mikaela Laux and Miss
- 2:12:31Laux, your name for the record. Mikaela Laux.
- 2:12:41Day to date scheduled for sentencing on your client's plea
- 2:12:43to an amended charge of operating well visibly impaired.
- 2:12:45The original charge of operating well intoxicated was dismissed
- 2:12:49by way of resolution between council and council.
- 2:12:51Do you have an opportunity to review the report and
- 2:12:53recommendation with your client? Yes you are all right and add to
- 2:13:08the recommendation council as the recommendation.
- 2:13:11I believe that it is appropriate.
- 2:13:12The 12 month probation with the terms conditions do seem that
- 2:13:16they would be very, very appropriate for the
- 2:13:19circumstances. She's not on probation or parole
- 2:13:20anywhere else. She's not accrued any other
- 2:13:22charges. I believe she'll be an excellent
- 2:13:24candidate for consideration for early termination and then ask
- 2:13:26costs and fines that would be potentially asking consideration
- 2:13:29for a payment plan. Thank you, judge.
- 2:13:32All right. And so, ma'am, if you were to
- 2:13:33test right now, what is in your system?
- 2:13:35Nothing all. Right now your level is very
- 2:13:38high that that evening a .201, OK.
- 2:13:45And so why are you not working, ma'am?
- 2:13:49I actually do have a job. I work at Olive Garden now.
- 2:13:53OK, OK. And you're it says you're
- 2:14:05currently pregnant. Yes.
- 2:14:08When do you do? August 1st.
- 2:14:23All right. And so, ma'am, I presume that
- 2:14:27you stopped using marijuana? Yes.
- 2:14:30All right, when's the last time you used marijuana?
- 2:14:33The day that I started probation.
- 2:14:36Well, you're not on probation yet, ma'am.
- 2:14:38Or the day that I started testing.
- 2:14:40I've been testing since I went in to court.
- 2:14:45OK, And when did you find out you were pregnant, ma'am?
- 2:14:48I found out the end of November. OK.
- 2:14:53All right. Well, looks like the bond
- 2:14:55conditions were a good thing for you then.
- 2:14:57Yeah. All right, the first note after
- 2:14:59hearing from council hearing from miss logs and reviewing the
- 2:15:02report the recommendation that there is reasonable grounds to
- 2:15:06department MCL 769.5. The court also finds that
- 2:15:09there's that the following sentence is in the best interest
- 2:15:12of justice is reasonable proportion to the seriousness of
- 2:15:15the matter taken into account the circumstances surrounding
- 2:15:17the slots on the legislative guidelines the courts going to
- 2:15:21order 12 months probation you're eligible for early discharge and
- 2:15:25I'll go over that shortly. You are not to violate any
- 2:15:29criminal law of any of government.
- 2:15:31You're not to leave the state of the office and son of the court.
- 2:15:33You are to report truthfully to your probation officer as the
- 2:15:36officers. Your probation officer may
- 2:15:37require in person writing or virtually.
- 2:15:39You're notify your probation officer immediately of any
- 2:15:41change in address or employment status.
- 2:15:43You're not use any alcohol or drugs unless prescribed to be
- 2:15:46subjected to random testing. The rehabilitative goal for that
- 2:15:48condition is so the court come on to your progress in
- 2:15:50maintaining absence and sobriety.
- 2:15:52The court's going to also order you to participate in outpatient
- 2:15:55substance use counseling. The rehabilitative goal for that
- 2:15:57condition is so that you can have assistance of providing
- 2:15:59coping mechanisms so you can maintain sobriety, hopefully
- 2:16:02preventing this man from happening again.
- 2:16:05The court's going to also have you participate in the Mad
- 2:16:07Victim Impact Panel, The rehabilitative goal for that
- 2:16:09condition so you can further increase the understanding of
- 2:16:11the dangers of driving while under the influence of the
- 2:16:13consequences of such behavior. The court's going to also order
- 2:16:17you to participate 5 days on the court workforce.
- 2:16:19The rehabilitative goal for that condition is help you further
- 2:16:22develop life skills and give back to the community any
- 2:16:25questions regarding those conditions.
- 2:16:28No. The court's going to order a
- 2:16:34$300 fine, $100 screening assessment fee, $600.00
- 2:16:39supervision oversight fee. That's $50.00 a month at 12
- 2:16:42months. And since you're eligible for
- 2:16:43early discharge, up to half of that could be wait $300 to cost
- 2:16:49the prosecution. Prime victim assessment fee of
- 2:16:51$75, justice system assessment fee of $50.
- 2:16:54Workforce is $200. It's five days at $40 a day for
- 2:16:57a total of $16125.00. You did post a bond, so you can
- 2:17:03apply that and then you can set up your payment plan with
- 2:17:05probation. OK, All right.
- 2:17:09And as I did indicate, you are eligible for early discharge as
- 2:17:15long as all the following have occurred.
- 2:17:17You've completed at least half of your original term of
- 2:17:19probation. All probation requirements have
- 2:17:21been completed. You've had at least three months
- 2:17:22without any violations of all money instead of either paid in
- 2:17:24full or you made a good faith effort toward making full
- 2:17:26payment. All right.
- 2:17:30OK all. Right.
- 2:17:31Thank you. Have a good day.
- 2:17:32You too. Thank you.
- 2:17:34Thank you. All right.
- 2:17:35And then we are. And so please e-mail it to
- 2:17:37probation by 10:30, Ma'am. Council, if you can just message
- 2:17:41that to your client. I think she logged off as I was
- 2:17:44speaking. Yes, your Honor.
- 2:17:46Thank you. And so we are recalling the
- 2:17:49matter of Zoe Deangelis 241045. Good morning, Eric.
- 2:17:55Christopher Sam, comparing me with my client and your name
- 2:18:00again, ma'am, please. Zoe Deangelis.
- 2:18:02All right, so it does. We do show here that you did pay
- 2:18:06$50. It shows up as yesterday,
- 2:18:10obviously, because Sunday we weren't here.
- 2:18:18And So what is your proposed payment plan, ma'am?
- 2:18:21She was asking for a payment plan to begin on or about the
- 2:18:24second of every month starting with February 2nd for $50, Your
- 2:18:27honor. OK.
- 2:18:30The court will indicate $50.00 per month beginning February
- 2:18:352nd. We will adjourn this to a date.
- 2:18:42If you miss a payment then we'll set this back up for show cause
- 2:18:45hearing. OK.
- 2:18:48If you don't miss a payment ma'am, then the show cause will
- 2:18:50be dismissed. OK.
- 2:18:55OK. You can top of the window if
- 2:18:57you'd like, but you already know how to pay online, so you have
- 2:18:59that information. OK, Thank you.
- 2:19:02Have a good day, all right, And then we are on the record in the
- 2:19:07matter of Huntington House Apartments versus Natalie
- 2:19:09Hammond 2502284. Good morning again attorney
- 2:19:14Carrie Zanden on behalf of plaintiff.
- 2:19:16Actually, let's not. Those disputes are never that
- 2:19:19enjoyable. Let's go back to Judge West all.
- 2:19:26Right. So are you, David Chapman and
- 2:19:29Mr. Rojas? Will your client waive the
- 2:19:30formal reading of the indictment here?
- 2:19:32We are. Mr. Sorry, let me get this
- 2:19:41pulled up. We're going on more than one
- 2:19:43count. Mr. Chapman and constant number
- 2:19:4623 DCCR 2228. You're charged with the state
- 2:19:51jail felony offense of unauthorized use of a vehicle
- 2:19:55from November 17th of 2023. That indictment alleges that you
- 2:19:59were previously convicted of the third degree felony of
- 2:20:02harassment by a person in a Correctional Facility June 10th
- 2:20:06of 2016. And then after that was final,
- 2:20:09you were convicted of the third degree felony offense of assault
- 2:20:13on a public servant October 28th of 2019 in two different cases
- 2:20:21On that day. Which and how do you plead to
- 2:20:24that charge? How do you plead to the
- 2:20:27unauthorized use of a motor vehicle?
- 2:20:29And are those prior convictions true?
- 2:20:32Did you enter your plea of guilty and true to those prior
- 2:20:35convictions freely and voluntarily and because you
- 2:20:38actually did what they've charged you with?
- 2:20:40Yes, ma'am. I have here on the tablet some
- 2:20:44documents that have your signature on them that the state
- 2:20:47has marked as exhibit #1. Before you sign these, did you
- 2:20:51go over them with Mr. Rojas? Do you fully understand them?
- 2:20:55And do you understand if I follow the agreement that you
- 2:20:58made with the District Attorney that you'll be waiving or giving
- 2:21:01up any right to appeal? Do you also understand, if
- 2:21:04you're not AUS citizen, that a plead of guilty or no contest
- 2:21:07may result in your deportation, exclusion from admission to the
- 2:21:11country, or denial of naturalization under federal
- 2:21:14law? State tenors #1 it's admitted.
- 2:21:18Is there any evidence that Mister Chapman's not competent?
- 2:21:21All right, Sir, I'm going to find that you enter your plea of
- 2:21:23guilty and true freely and voluntarily.
- 2:21:26Find that you're mentally competent and you understand the
- 2:21:28nature and the consequences of your plea.
- 2:21:30Find sufficient evidence to find you guilty and at this time find
- 2:21:33you guilty of an authorized use of a motor vehicle.
- 2:21:37Find those prior convictions true.
- 2:21:39Sentence you in accordance with that agreement to a term of
- 2:21:41three years in the Institutional division of the Texas Department
- 2:21:45of Corrections. You'll receive credit on that
- 2:21:47sentence for any time that you've been in custody that the
- 2:21:50law gives you the right to receive.
- 2:21:52I'm handing you the trial court certification that shows that
- 2:21:56this was an agreement that I followed and so you've waived
- 2:21:59your right to appeal. I also handed you a written
- 2:22:02admonishment regarding your ineligibility to possess a
- 2:22:04firearm or ammunition. Because of the judgment entered
- 2:22:08against you, you're ineligible under Texas law to possess a
- 2:22:11firearm or ammunition. Possession of a firearm or
- 2:22:14ammunition could lead to charges against you.
- 2:22:16Firearm is a legal term, and you should read that written
- 2:22:18admonishment I provide you to see what devices qualify as a
- 2:22:21firearm. If you have questions about the
- 2:22:23laws that make you ineligible to possess a firearm or ammunition,
- 2:22:27or about how long that lasts, you can talk with Mr. Rojas.
- 2:22:29All right. Good luck to you, Sir.
- 2:22:31You can go back with the bailiff.
- 2:22:42Kayden Fontanette, I know.
- 2:23:01Check on my other thumb to ask for resets.
- 2:23:03OK. Let me sign.
- 2:23:07This. So.
- 2:23:11On on Francisco Garza with Mr. Nichols.
- 2:23:19We're going to reset Mr. Garza, Francisco Garza and then Robert
- 2:23:23Simon. We're getting a new offer this
- 2:23:24morning if you want us to go over some more discovery before
- 2:23:26he. Makes a decision on.
- 2:23:27That we're going to also reset Mr. Simon, Miss Mofino, for Mr.
- 2:23:32Rojas Rojas so he can go out and go over a little more
- 2:23:35information with him. And then this is Mr. Coleman
- 2:23:39Fontanet. Good morning, Sir.
- 2:23:40You, Kaden Fontanet and Will your client with the formal
- 2:23:44reading of the indictment. Here we are.
- 2:24:08None. Mr. Fontenot and cause #25 DCCR
- 2:24:151759, you're charged with the first degree felony offense of
- 2:24:19aggravated robbery from October 10th of 2025.
- 2:24:23And how do you plead to that charge?
- 2:24:25And are you pleading guilty freely and voluntarily?
- 2:24:29And are you pleading guilty because you did what they
- 2:24:31charged you with? I have here on the tablet some
- 2:24:35documents that have your signature on them that the state
- 2:24:37has marked as exhibit #1 Before you sign these, did you go over
- 2:24:41them with Mr. Rojas? Do you fully understand them?
- 2:24:45And it looks like there is no agreement in this case, but
- 2:24:55you'll marked out one thing but then signed it that so the post
- 2:24:59conviction waivers y'all marked out.
- 2:25:03But on the admonishment you put that it's a plea bargain and he
- 2:25:06has a right to appeal. So if it's unagreed, he has a
- 2:25:09right to appeal. So I'm going to need you guys to
- 2:25:17sign you and the defendant to sign that bottom, please.
- 2:25:20Put you. In a huge favor.
- 2:25:32Microwave for 30 seconds. Maybe even a minute.
- 2:25:37So cold in here. It's going to close.
- 2:25:49Thanks. So it looks like there's no
- 2:25:53agreement, which means you're leaving your punishment up to
- 2:25:55me. And that range of punishment is
- 2:25:57a minimum five years up to 99 years or life in prison.
- 2:26:01Do you understand? What'll happen is if I go
- 2:26:04forward today, we'll, I'll go through this plea and then I'll
- 2:26:08reset your case for sentencing. The Probation department will do
- 2:26:11a pre sentence report and then it's sentencing.
- 2:26:13Mr. Coleman, Mr. Rojas. Rojas can put on any information
- 2:26:17or evidence that they want, and then I'll make that decision.
- 2:26:20You understand, you have an absolute right to have a jury
- 2:26:24come in and determine two things.
- 2:26:25First, you can have them determine if you're guilty or
- 2:26:28not. And then if they find you
- 2:26:30guilty, you could leave your punishment up to that jury.
- 2:26:33If we go forward this way, you're waiving that, right?
- 2:26:35And is that what you want to do? Do you want a jury or do you
- 2:26:43want me? OK, So you're waiving your right
- 2:26:45to a jury, right? OK, Do you also understand if
- 2:26:49you're not a U.S. citizen, that a plea of guilty or no contest
- 2:26:52may result in your deportation, exclusion from admission to the
- 2:26:55country, or denial of naturalization under federal
- 2:26:58law? State tenders #1 it's admitted.
- 2:27:02Is there any evidence that Mister Fontanet is not
- 2:27:04competent? Alright Sir, I'm going to find
- 2:27:06that you entered your plea of guilty freely and voluntarily.
- 2:27:09Find that you're mentally competent and understand the
- 2:27:11nature and the consequences of your plea.
- 2:27:14Find sufficient evidence to find you guilty.
- 2:27:16However, I'm going to reset your case for sentencing.
- 2:27:18Like I said, we'll get that pre sentence report done and then we
- 2:27:22will come back later for sentencing.
- 2:27:24Anything that you think is important for me to know, get
- 2:27:27that information to Mr. Rojas and he'll present it to me on
- 2:27:29your behalf when we come back. Do either of you anticipate in a
- 2:27:34long hearing or just a normal day, we should be fine.
- 2:27:37OK, we'll see. Y'all back at sentencing, Mr.
- 2:27:39Fontanet, I don't know that we checked today or not.
- 2:27:42Just want to let you know something real quick.
- 2:27:44But for sentencings, we always get jail incident reports.
- 2:27:48So I don't know what you've been doing.
- 2:27:50Hopefully nothing. But if you have been acting up
- 2:27:53and getting incident reports in our jail, it better stop today
- 2:27:57because I'll look at all of them.
- 2:27:59And if there's reports when you come back, it is very unlikely
- 2:28:03that you're going to get a whole lot of anything out of me as far
- 2:28:08as low end of the punishment range or probation or things
- 2:28:12like that. If you can't follow the rules
- 2:28:13out there. OK, OK, we'll see you back at
- 2:28:15sentence. Interesting that judge gave him
- 2:28:20that warning. I've not heard her do that
- 2:28:22before. I've heard her take it into
- 2:28:23account when she's seen reports, but not warn somebody ahead of
- 2:28:26time. Hey, don't get reports.
- 2:28:28So interesting. Let's keep dance around Texas.
- 2:28:32Go back to Judge Boyd. You entered A plea bargain
- 2:28:35agreement with the state on December 4th.
- 2:28:37According to your plea, state is proceeding on count 2.
- 2:28:42Punishment is to be assessed at a cap of six years in the
- 2:28:44prison. There's $1000 fine.
- 2:28:47State is silent on your applications.
- 2:28:49And this is the run concurrent with 2025 CR 012977.
- 2:28:58I don't have that pause number. Does she have a motion to revoke
- 2:29:03as well or no? No, she's gone on for a bit.
- 2:29:06The. Other name is under cables.
- 2:29:08Do you? I believe you reindicted it.
- 2:29:10There's two. She was initially under table do
- 2:29:14and I think it was reindicted on the Sanchez, yes.
- 2:29:18So. And the 8828 was to be A-O2.
- 2:29:23No, no, no. The 2025 CR 012977, that's what
- 2:29:27you all say. It's running concurrently with.
- 2:29:31So is that a motion to revoke? What is that?
- 2:29:34It's not standing. All right, so is that a case she
- 2:29:40planned on? What?
- 2:29:41Why is that running concurrently?
- 2:29:42Pleading both of them concurrently.
- 2:29:44Oh. OK.
- 2:29:45Same clip. Oh, and so that's the one that
- 2:29:47is now the Dash 02. No.
- 2:29:51Dash 02 is 1, the other one is 0129772.
- 2:29:56Different cases, one was 20211's 2025.
- 2:29:59All right. So in your plea bargain
- 2:30:01agreement, it says that this is running concurrently with 2025
- 2:30:04CR 012977, right? So what case is?
- 2:30:08That bargain should be under 2021 CR 8828-02.
- 2:30:16So it says something else in the plea bargain agreement.
- 2:30:20Your Honor site, thank you. That's listed as a case when I
- 2:30:36look it up. I think both cases were in the
- 2:30:54second stage. Do y'all want to see the the
- 2:31:08agreement? Yeah, yeah, I need this case
- 2:31:28number. I'm sorry.
- 2:31:30So what is it? What is that case related to?
- 2:31:33It's not the 2021 case. Yeah. 2021 is the one that's
- 2:31:37going to run concurrent with this lead.
- 2:31:40One is at 88 dash O2. No.
- 2:31:43But what I'm saying is we're off the record in the plea bargain
- 2:31:46agreement. It has the 2025 case.
- 2:31:48So is that 25 case same as some other case?
- 2:31:54The 2025 case is the drug case arising out of 7312025 and that
- 2:32:00is to be concurrent with the DC2021CR8828-02.
- 2:32:06So she. Has 2 drug cases you.
- 2:32:11Don't need to give it. Two, actually.
- 2:32:16Oh, OK. The paperwork got switched.
- 2:32:24That looks lodged. That's OK.
- 2:32:32Yeah, that goes there. All right, I'm going to recall
- 2:32:52the case, the case the court is calling 2025 CR 012977 and 2021
- 2:33:00CR 882802, State versus Mary Elizabeth Sanchez.
- 2:33:05Can I have parties announced? For the defense.
- 2:33:10And argument Sanchez all right and calls number 2025 CR 012977.
- 2:33:16You entered A plea. According to your plea bargain
- 2:33:18agreement, punishment is to be assessed at a cap of six years
- 2:33:21in the prison. There's $1000 fine.
- 2:33:24This will rank concurrent with 2021CR8828-02 and in cause #2021
- 2:33:32CR 8828-02. According to your plea bargain
- 2:33:37agreement, the State is proceeding on Count 2.
- 2:33:39Punishment is to be assessed at a cap of six years in the
- 2:33:42prison. There's $1000 fine and this will
- 2:33:45rank concurrently with 2025 CR 012977.
- 2:33:51Have both parties had a chance to review the PSI report and TAP
- 2:33:54evaluation? We have, your Honor.
- 2:33:57Any objections? No objection.
- 2:33:59All right, Defense. Do you have any witnesses?
- 2:34:02We do not have any. Witnesses.
- 2:34:03We have some documents presented to the court that we have
- 2:34:05previously come to the state. All right, you may proceed.
- 2:34:08All right, Judge, we are asking for probation in this case.
- 2:34:12We prefer outpatient. She does.
- 2:34:15She recognizes she needs some treatment.
- 2:34:17TAP agrees to that. They're recommending either SATA
- 2:34:21I think or outpatient. She's asking for the outpatient.
- 2:34:27She has no prior record. She has a history here of some
- 2:34:30drugs, not a heavy user but some.
- 2:34:33I would note at one point in the PSI it says that she think in
- 2:34:37the second case she had a boyfriend were driving making
- 2:34:41deliveries, those who she was delivering for Uber, I think,
- 2:34:44but not drug deliverers. Since she's been incarcerated,
- 2:34:48she understands she's got a problem.
- 2:34:51She and I have talked. She has a couple of problems.
- 2:34:53There is there is a drug issue there.
- 2:34:55She's had some problems making decisions and frankly she has an
- 2:34:58esteemed problem over some bad decisions in the past.
- 2:35:03I, I can, I can give you these one at a time and explain what
- 2:35:07I'd rather do is let you look at these.
- 2:35:08I would comment on one. There is a winged course there.
- 2:35:12She has not only taken that course, she is now in men for it
- 2:35:15in that course, worked hard when she's been in the jail two
- 2:35:20years. Figure out Friday #1 Trying to
- 2:35:24take care of the drug issue but also.
- 2:35:26Trying to work on. Her theme and her bill to make
- 2:35:28decisions of self to be a good my she does say she is certified
- 2:35:33in medical billing and and and coding.
- 2:35:37There we go. So she's employable.
- 2:35:41She wasn't doing that before. Again, I think that part of that
- 2:35:43was a resting issue. I think if we get that get her
- 2:35:46straightened out, she can be a very productive member of the
- 2:35:49society. If yes, three children are all
- 2:35:51grown. So we ask you give give her a
- 2:35:57chance probation starting at least with outpatient treatment.
- 2:36:01I don't not a it doesn't have a heavy drug use issues, but
- 2:36:04enough to lower her judgment. I have a few questions.
- 2:36:10Any objections? Objection right?
- 2:36:12Can you raise your right hand? Do you solely swear from the
- 2:36:15testimony you give will be the truth and nothing but the truth
- 2:36:17so help you God? All right, you can lower your
- 2:36:19hands. State your name for the record.
- 2:36:20All right, make sure your peak speak up so I can hear in the
- 2:36:24court report. We can hear.
- 2:36:27So your boyfriend's did he know that you had these drugs?
- 2:36:34That's either yes or no. All right, so it appears that he
- 2:36:38may not be a good person in your life if he is aware that you had
- 2:36:42these drugs. And from what I'm reading, it
- 2:36:47wasn't a small amount of drugs. So were you using at that time?
- 2:36:54And how much were you using? I was already starting to break
- 2:36:58myself off. So I'm sick and so your children
- 2:37:06were. Was Child Protective Services
- 2:37:08ever involved in your life before?
- 2:37:10Yeah, but not. Because meals where I was
- 2:37:12resulting at the time when they were little, they have a CPS so
- 2:37:15they opened it on me. I completed my.
- 2:37:18Parenting class and my therapy class they required.
- 2:37:21And I was finished. With that, they signed off.
- 2:37:24All right. And did you regain custody of
- 2:37:26your children? I never lost custody.
- 2:37:28They resided with me and I had a family based service all right
- 2:37:36this is what I I don't know if there's I know you all are
- 2:37:39silent no questions OK and your boyfriend that you were in this
- 2:37:48relationship with who all lived in the household his.
- 2:37:52Parents. OK.
- 2:37:55And when's the last time you had full employment?
- 2:38:01Full time and. Part time, full time, all the
- 2:38:05time. I work, I live in Boston going
- 2:38:08what? Medical.
- 2:38:11OK, all right, I'm going to give you a choice.
- 2:38:13Sometimes I can give people choices, sometimes I can't.
- 2:38:17If I grant your application, there's going to be residential
- 2:38:21treatment. So the outpatient thing is out
- 2:38:23of the question. It's going to be residential or
- 2:38:26I can deny your application and I'll send it to you to three
- 2:38:30years in the prison. Which do you prefer?
- 2:38:36OK. Do you need to discuss anything
- 2:38:39with your attorney? I'm sorry.
- 2:38:42All right, I'll help you discuss with her, her options and then
- 2:38:45just let me know. All right, Who's next?
- 2:38:54All right, well, she discusses her options.
- 2:38:56Let's go back to Judge West. Mark Anthony King And so Mr.
- 2:39:02King is charged in cause #25 VCCR 106-3106, four and one O 6
- 2:39:09five with aggravated sexual assault of a child.
- 2:39:14The bonds, it looks like, are they all set at 2:50?
- 2:39:17The bonds are currently all set at $250,000.
- 2:39:20Miss Holmes has filed a motion asking for me to reduce those
- 2:39:24bonds. And just based on what you guys
- 2:39:28were just saying, looks like offense dates were from 2018 and
- 2:39:312019. Mr. King was a juvenile at the
- 2:39:35time and has now been certified. When I say at the time, at the
- 2:39:40time of the offense as a juvenile, but certified to stand
- 2:39:42trial as an adult at this point, correct.
- 2:39:44We're all on the same page. OK, Mr. Nichols, before we go
- 2:39:48too much into it, what is the state's position with regard to
- 2:39:51bond? I don't have.
- 2:39:55A huge objection to a reasonable bond, Your Honor.
- 2:39:57This case involves allegations with an 8 year old girl or 8
- 2:40:01year old at the time. It was a delayed discovery,
- 2:40:04delayed outcry. In all candor, I've had trouble
- 2:40:08getting in touch with her family and so I don't know where this
- 2:40:11case is going to end up at this point.
- 2:40:14Was there? What was the relationship with
- 2:40:18the alleged cousin? OK, so, Mr. King, where will you
- 2:40:24be living if you make bond in your case?
- 2:40:26Oh, my sister. With your sister.
- 2:40:29And what do you know The address?
- 2:40:33Is it Beaumont? Is it Port Arthur?
- 2:40:34Is your is she here? No.
- 2:40:37Can I talk to his mom? It's in Beaumont.
- 2:40:40It's in Beaumont. What's your sister's name?
- 2:40:42Raven Wilson. Raven Wilson.
- 2:40:46OK. Does Raven have children?
- 2:40:50How many? How?
- 2:40:55That's going to be a problem. So here's the thing, based on
- 2:41:02the nature of these allegations, at least while your case is
- 2:41:05pending, if I reduce those bonds, you're not going to be
- 2:41:08around any children under the age of 18.
- 2:41:11So do you have another option of where to live?
- 2:41:16You'll have to ask your mom, OK, so let's do this.
- 2:41:22I'm, I'm not opposed to reducing the bonds, but I need to know
- 2:41:27that there is a place where there are no children under the
- 2:41:30age of 18 with someone who's willing to make sure kind of
- 2:41:33that that happens. We don't need to have a hearing
- 2:41:36necessarily. I'll make the conditions of
- 2:41:38that. I'll likely have AGPS monitoring
- 2:41:42device and I understand that that's a financial issue.
- 2:41:44So I'll take that into consideration on the amounts and
- 2:41:47also what Mr. Nichols said about the complaining witness and some
- 2:41:51difficulties. We'll.
- 2:41:52Continue to to do our job, judges, just at this point we
- 2:41:55haven't been able to make contact.
- 2:41:57OK. And is it the same complaining
- 2:41:59witness? And there is a?
- 2:42:00Three, there's two complaining witnesses in three the three
- 2:42:02cases. OK.
- 2:42:03All right. And are they the same?
- 2:42:08Same rough. Family, family, but is the.
- 2:42:11Same person, I just had two different dates.
- 2:42:12But the two, the two complaining witnesses, what is their
- 2:42:15relationship to each other? They're cousins.
- 2:42:17They're also cousins. Everybody's cousins.
- 2:42:19OK. All right.
- 2:42:21So, yeah, get me that information if you'll just send
- 2:42:25an e-mail, Miss Holmes, to Mr. Nichols and I, and I'll let
- 2:42:28y'all know together what the amount is and what the
- 2:42:32conditions are, as long as there's a place that is for sure
- 2:42:35with those children in the age of 18.
- 2:42:37OK. Thank you, Your Honor.
- 2:42:39Thank you. And per our normal arrangement
- 2:42:43here at TCF, we don't seek that stuff out, but we seem to step
- 2:42:47into it once or twice every single day.
- 2:42:50What is wrong with this world? Any who decision has been made
- 2:42:56back to Judge Boyd. 012977 and 2021 CR 882802 State versus Mary
- 2:43:05Elizabeth Sanchez. So Miss Sanchez, did you have an
- 2:43:09opportunity to confer with your attorney?
- 2:43:11All right, which do you prefer? OK, just how to explain that she
- 2:43:16doesn't understand? She thought you were offering
- 2:43:18her straight incarceration or incarceration retreatment.
- 2:43:22She wants probation. OK.
- 2:43:24Retreat this time. All right state you may be
- 2:43:28excuse and would you prefer a
- 2:43:42conviction or deferred? Preferred deferred.
- 2:43:48All right, we're proceeding and cause #2021, I'm sorry. 2025 CR
- 2:43:57012977. This is the court's ruling.
- 2:44:05Court will sentence you to six years deferred adjudication.
- 2:44:09There's to be regular reporting by Zoom or in person.
- 2:44:13Regular random UA's, proof of employment within 45 days of
- 2:44:18release. No employment as a home health
- 2:44:21care provider or with minors. Bill visits one time per month
- 2:44:30until further notice in custody. She's the remaining custody for
- 2:44:40transfer to SATA and probation. We can do a referral to felony
- 2:44:48drug court. If she's accepted in felony drug
- 2:44:50court, then she can go to felony drug court, but she's the
- 2:44:53remaining custody for that evaluation.
- 2:45:02Mr. Ron, concurrent with 2021 CR 8828-02300 hours of community
- 2:45:14service restitution. There'll be one hour deducted
- 2:45:18for every sober support meeting completed.
- 2:45:26There's been no residing in households with minors.
- 2:45:34Probation. Is there anything else with
- 2:45:36regards to that case? Is there anything else you need
- 2:45:39from the court in that cause number to help you be
- 2:45:43successful? Next we're going to proceed and
- 2:46:152021 CR 8828-02. What is going to sentence you to
- 2:46:50six years deferred adjudication? There's $1000 fine that will be
- 2:46:55probated proof of employment within 45 days of release.
- 2:47:00No employment as a home health care provider or with minors.
- 2:47:06This will run concurrent with 2025 CR 012977.
- 2:47:12Bill visits one time per month until further notice and custody
- 2:47:19for a transfer to SATAF and also a referral to felony drug court.
- 2:47:28In custody. There's to be no residing in
- 2:47:34households with minors. 100 hours of community service.
- 2:47:43Restitution one hour deducted for every completion of sober
- 2:47:49support meeting, probation. Is there anything else?
- 2:47:54Regular reporting, I'm so sorry. Regular reporting by Zoom or in
- 2:48:00person and regular random UA's. Is there anything else you need
- 2:48:06from the court? All right.
- 2:48:08And each of those calls numbers, Did you review documents
- 2:48:11entitled trial court certification of defendants
- 2:48:13rights to appeal with your attorney?
- 2:48:15Did you understand it and sign it and each of the cost numbers?
- 2:48:20Because I followed your plea bargaining agreement and because
- 2:48:23you've waived your right to appeal, you do not have the
- 2:48:26court's permission to appeal, do you understand?
- 2:48:30All right. And Council, I'm just trying to
- 2:48:32find the other application. I'm sorry, the other trial court
- 2:48:37certification for you there. We are all right.
- 2:48:42We can go off the record in this court.
- 2:48:43To be successful on probation, communication is key.
- 2:48:47If there's an issue, let your probation officer know about it.
- 2:48:50If you feel they're not addressing it, you can always
- 2:48:52come back to the Fort and address it with me.
- 2:48:54Do you understand? Now?
- 2:48:56This is what I know with drug addiction, you got to be honest
- 2:49:00with yourself. If you're not honest with
- 2:49:02yourself, you're not going to be successful.
- 2:49:04And one of the hardest things with drug addiction is being
- 2:49:06honest that you need help in their issues.
- 2:49:09Do you understand? All right, good luck to you.
- 2:49:12OK, You're welcome. All right, Texas continues to be
- 2:49:25where all the fun is. Let's go right back to Judge WA.
- 2:49:31Week or two to come get anything that you want together for me on
- 2:49:35sentencing since it's a cap now. Yeah, whatever best of the.
- 2:49:41OK, let's do that. So I'm just going to that way
- 2:49:44and just remind me to to look at that again for sentencing.
- 2:49:47We don't need anything updated. He's been in custody the whole
- 2:49:50time. So let's just reset it a couple
- 2:49:52weeks at the most. And so Mr. Lowe, I'm just going
- 2:49:55to reset your sentence, your case.
- 2:49:56Let's go ahead and go through the please though today and then
- 2:50:00we'll reset it for sentencing, but without an updated pre
- 2:50:02sentence report. We'll do it that way.
- 2:50:03All right, all right, Give me just a second.
- 2:50:05And I've rejected it, so we've got to go through all of it
- 2:50:07again. So.
- 2:50:10And again, you're Robert Lowe and Miss Holmes.
- 2:50:13Will your client waive the formal reading of the indictment
- 2:50:15in each case? All right, let's see.
- 2:50:18We're going on the. 1st 36. O6O61 and 62.
- 2:50:34I know we've already done this Mr. Lowe, but because I reject
- 2:50:36that first plea agreement, then I'm going to we have to go
- 2:50:40through it all again just like we if we had not done it before.
- 2:50:43All right, so in cause #19-32660 you're charged with a third
- 2:50:50degree felony offensive possession of child pornography
- 2:50:53from June 4th of 2018. And how do you pleaded that
- 2:50:56charge? Are you pleading guilty freely
- 2:50:59and voluntarily and because you did what they charged you with?
- 2:51:03And then in cause #19-32661, you're also charged with the
- 2:51:09third degree felony offense of possession of child pornography
- 2:51:12from June 4th of 2018. And how do you pleaded that
- 2:51:15charge? And again, are you pleading
- 2:51:17guilty freely and voluntarily and because you did what they
- 2:51:21charged you with? And then finally, in cause
- 2:51:24#19-32662, you're charged with the third degree felony offense
- 2:51:30of possession of child pornography from June. 4th.
- 2:51:34Of 2018. And how do you plead to that
- 2:51:37charge? Sorry.
- 2:51:39And again, are you pleading guilty freely and voluntarily?
- 2:51:42And because you did what they've charged you with in all three of
- 2:51:46those cases, I have here on the tablet some documents that have
- 2:51:50your signature on them that the state has marked as exhibit #1.
- 2:51:54Before you sign these, did you go over them with Miss Holmes?
- 2:51:57Do you fully understand them? And do you understand if I
- 2:52:01follow the agreement that you've made with the District Attorney
- 2:52:04that you'll be waving or giving up any right to appeal?
- 2:52:07And it looks like the agreement that you've reached is for a cap
- 2:52:10of six years in prison, which means if I follow the agreement,
- 2:52:14I cannot give you more than six years.
- 2:52:16I could give you 6 years. I could give you less.
- 2:52:19It'll all depend on any other information that's brought to me
- 2:52:22and the information that I already have when we come back
- 2:52:25for sentencing. You have an absolute right to
- 2:52:28have a jury determine two things.
- 2:52:30The first is to determine if you're guilty or not.
- 2:52:33And then if they find you guilty, you could leave your
- 2:52:36punishment up to that jury. If we go forward this way,
- 2:52:39you're waving that right? And you're leaving your
- 2:52:42punishment up to me within that range of the cap.
- 2:52:45And is that what you want to do? OK.
- 2:52:48And do you also understand, if you're not AUS citizen, that a
- 2:52:55plea of guilty or no contest may result in your deportation,
- 2:52:58exclusion from admission to the country, or denial of
- 2:53:01naturalization under federal law?
- 2:53:03State tenors #1 in each case, it's admitted in each case.
- 2:53:07Is there any evidence that Mister Lowe is not competent?
- 2:53:10All right, Sir, I'm going to find that you entered your pleas
- 2:53:12of guilty in each case freely and voluntarily.
- 2:53:15Find that you're mentally competent and you understand the
- 2:53:17nature and the consequences of those pleas.
- 2:53:20Find sufficient evidence to find you guilty.
- 2:53:22However, I'm going to reset your cases for sentencing just so
- 2:53:25that we can all get back up to speed on it.
- 2:53:27If there's any other information you think is important for me to
- 2:53:29know, get that information to Miss Holmes and she'll present
- 2:53:32it to me on your behalf when we come back.
- 2:53:35Also, it is part of the plea agreement.
- 2:53:37It looks like that the state is going to dismiss cause numbers
- 2:53:41193266332664 and 32665 as part of that agreement.
- 2:53:49All right, we'll see you back at sentencing.
- 2:53:50Go back with the bailiff. Yes, Sir, it's still an option.
- 2:53:57Yes. You can get anything from six
- 2:54:00years down to two years. Probation is on the table or
- 2:54:05it's you're legally entitled to for me to consider that.
- 2:54:08Yes. OK.
- 2:54:11Yes, Sir. You can go back with the
- 2:54:12bailiff. See, Mr. Lewis, you have David
- 2:54:18Dartez. On a on.
- 2:54:31TS we have an. Agreement on them, so I wasn't
- 2:54:33sure. I actually did the right.
- 2:54:34Paperwork MTRP and could have just lined through that first
- 2:54:40page. I'll mark through the 1st and
- 2:54:43actually the top of the second as well on MTRP so I always mark
- 2:54:46through them if y'all don't. I wrote MTRP that's.
- 2:54:49Perfect. Thank you.
- 2:54:59Good morning. Are you David Dartez, and will
- 2:55:02your client wave the formal reading of the motion?
- 2:55:16Mr. Dartez, and cause number 2239677, I have a motion to
- 2:55:20revoke your unadjudicated probation shows that you were
- 2:55:24placed on probation July 11th of 2022 for the offense of theft of
- 2:55:28property, a third degree felony, and that was a six year deferred
- 2:55:32probation, Is that correct? The motion alleges that you
- 2:55:37violated your probation. Count 1 alleges that you failed
- 2:55:41to report to the State of Louisiana Community Supervision
- 2:55:44and Correctional Department March, April, May, June, July,
- 2:55:50and August of 2024. And is that true or not true?
- 2:55:55OK. Count 2 alleges that you failed
- 2:55:57to report by mail or online to Jefferson County, Texas,
- 2:56:02October, November and December of 2022, January through June of
- 2:56:092023, September of 2023, and then November and December of
- 2:56:152023, and then January through September of 2024.
- 2:56:24Is that true or not true? Yes.
- 2:56:26Ma'am, that's true. Count 3 alleges that you
- 2:56:29provided a urine sample October 10th of 2024 that tested
- 2:56:33positive for marijuana. Is that true or not true?
- 2:56:35Yes ma'am. Count 4 ledges that you failed
- 2:56:40to provide verification of performing the community service
- 2:56:43hours is required. Is that true or not true?
- 2:56:47Count 5 alleges that you failed to provide verification of
- 2:56:50completing the theft prevention class.
- 2:56:52Is that true or not true? And then Count 6 alleges that as
- 2:56:57of October 10th, 2024, you were $650 behind in your fees.
- 2:57:02Is that true or not true? Did you enter your please of
- 2:57:06truth accounts one through 6 freely and voluntarily?
- 2:57:10And because those counts are true, right?
- 2:57:16I have here on the tablet some documents that the states marked
- 2:57:19as exhibit #1. Before you signed these, did you
- 2:57:23go over them with Mr. Lewis? Do you fully understand them?
- 2:57:28And you understand if I follow this agreement that you'll be
- 2:57:31waving or giving up any right to appeal And it looks like the
- 2:57:35agreement is for me to continue. You on probation likely extend
- 2:57:42an order that you enter and successfully complete ISF which
- 2:57:47which program and probations here.
- 2:57:53Thank you for being here, Sir. Is, is this also what you
- 2:57:59believe that would be appropriate for Mr. Dartez?
- 2:58:03OK, and so is that your understanding of the agreement
- 2:58:10state tenors #1 it's admitted any evidence that Mister Dartez
- 2:58:14is not competent. Any reason not to go forward
- 2:58:18today? All right, Mr. Dartez, it looks
- 2:58:23like everybody is willing to work with you and give you a
- 2:58:25chance to be successful in this probation.
- 2:58:28The number one thing is you got to show up.
- 2:58:30You've got to do your reporting online and in person.
- 2:58:34I mean, you're, this looks like you tested positive for
- 2:58:38marijuana one time, which is obviously we don't want you
- 2:58:40doing, but we don't know what you're doing if you're not
- 2:58:42showing up. So in my opinion, you're
- 2:58:44probably, we're doing that a whole lot more and just not
- 2:58:46showing up. If you continue to violate and
- 2:58:49not show up in person, not show up online, test positive again,
- 2:58:54and you're back in court on a motion to revoke, it's not going
- 2:58:56to go this smoothly. Do you understand?
- 2:58:59So I'm going to find that you integer, please retreat accounts
- 2:59:01one through 6 freely and voluntarily find those counts
- 2:59:04true, find sufficient evidence to find you guilty and revoke
- 2:59:07your probation. But I'm not going to do that
- 2:59:09today. I'm going to continue you on
- 2:59:12probation. I'm going to extend your
- 2:59:14probation by two years. You didn't show up for a while,
- 2:59:17so you're going to get more probation, an order that you
- 2:59:20enter and successfully complete the ISF cognitive track.
- 2:59:24And then it sounds like some type of aftercare substance
- 2:59:29abuse, depending on where he is would be appropriate.
- 2:59:32So if he's back here for some reason, JCDI, if not and he ends
- 2:59:37up back in Louisiana, some program like that for any type
- 2:59:41of drug issues. So I'm handing you the trial
- 2:59:45court certification that shows this was an agreement that I
- 2:59:48followed. And so you've waived your right
- 2:59:50to appeal. All right, take advantage of
- 2:59:53this. All right, good luck to you.
- 2:59:54You can go back with the bailiff.
- 2:59:58So there will not be 1/4 hour today.
- 3:00:00I have matters I need to tend to between the two shows between
- 3:00:03this and sidebar. But we'll go back to Judge
- 3:00:08Boyd's court for one last hearing for the day.
- 3:00:10Pleading to each one of these cause numbers and the cause
- 3:00:13#2025 CR 011020. According to your plea bargain
- 3:00:19agreement, punishment is to be assessed at
- 3:00:32five years in the prison. There is a $2000 fine.
- 3:00:36There's no application for community supervision.
- 3:00:38The State is opposed to your deferred adjudication and this
- 3:00:42is the run concurrent. All right, off the record we
- 3:00:49appear that we're missing some cause numbers for me.
- 3:00:53So this is running concurrent with 2024 CR 007176.
- 3:01:03Was that a motion to revoke or something?
- 3:01:06717 All right, And has that already been taken care of or
- 3:01:12no? He entered a plea of truth.
- 3:01:19And then we have 2025 CR 011020. That's the status of right.
- 3:01:30And then 2025 CR 011309 A. And OK, all right, I see where
- 3:01:36we are now. Thank you.
- 3:01:41All right, so we're back on the record.
- 3:01:44And then in cause #2025 CR 011311 C, according to your plea
- 3:01:51bargain agreement in that cause, punishment is to be assessed at
- 3:01:55a cap of 12 years in the prison. There's a $2000 fine.
- 3:02:00The State is opposed to your application for deferred
- 3:02:02adjudication. All cases are running
- 3:02:04concurrently and then the State is taking in consideration 2025
- 3:02:12CR 011310 C and 2025 CC 009777 and in the cause #2025 CR 011309
- 3:02:27A. According to your pre bargaining
- 3:02:30agreement, punishment is to be assessed at a cap of 12 years.
- 3:02:33In the prison. There's a $2000 fine.
- 3:02:36The State is opposed to your application for deferred
- 3:02:38adjudication. All cases will run concurrently
- 3:02:42and the previously mentioned cases will be taken in
- 3:02:45consideration. And in both cause #2025 CR
- 3:02:49011309 A and 2025 CR 011311 C, there's an affirmative finding
- 3:02:57of deadly weapon and each of the cause numbers.
- 3:03:00Have both parties had a chance to review the PSI Report?
- 3:03:04Yes, Judge. Any objections to the PSI report
- 3:03:07from either party? The only thing we'd like to
- 3:03:10point out judges there was some question about whether he had
- 3:03:15prior gang activity and he does not.
- 3:03:17I think they checked that he did, but they did say it was
- 3:03:19questionable and he is telling me he has never been in a gang
- 3:03:25and state. Do you have any witnesses?
- 3:03:29Defense? The court has reviewed the
- 3:03:32letter from the defendant, which is the court's understanding
- 3:03:35that the state had no objections.
- 3:03:37So I've reviewed, I'm sorry, I've reviewed that letter.
- 3:03:40Defense, any witnesses? We do judge.
- 3:03:42All right, you may call your first witness.
- 3:03:44We would call Mr. Hernandez's mother against the counter.
- 3:04:07Hello. Hi.
- 3:04:09Could you raise your right hand for me, please?
- 3:04:11Do you solemnly swear? Affirm.
- 3:04:12The testimony you give will be the truth and nothing but the
- 3:04:14truth so help you God? Yes, ma'am.
- 3:04:16All right, you can lower your hand.
- 3:04:17State your name for the record. Ivana Mcgaha.
- 3:04:19All right, I'm sorry. Could you, Vanna?
- 3:04:21Rebecca Mcgaha. Could you spell your last name
- 3:04:24for the court reporter, MCGAHA. Thank you.
- 3:04:28You may proceed. This is Mcgaha.
- 3:04:30How are you related to Adrian Isaac Hernandez?
- 3:04:33I'm his mom. OK.
- 3:04:34And how old is he? 19, OK.
- 3:04:37And could you tell the quote where you live?
- 3:04:40I live in Smiley, Texas. And what county is that in?
- 3:04:43In Gonzales. Of that town in between, I think
- 3:04:49like 500. I mean, it's a small town.
- 3:04:51Nothing's gone. OK.
- 3:04:53The two schools and a Dollar General.
- 3:04:56OK. And if if the court were to
- 3:04:59grant probations to your son, is that where he would be living?
- 3:05:04Yes. OK.
- 3:05:05And. There's a school there for him
- 3:05:07to attend. Yes.
- 3:05:08OK. And could you tell the court why
- 3:05:12you believe that Adrian should be on probation?
- 3:05:16You're saying that I hope I'll be the first.
- 3:05:20I've been praying hard and with my faith and.
- 3:05:25And his friend? I mean, we've been just striving
- 3:05:28long road, but I know God is the Oh my God.
- 3:05:34I got my family all in church with prayer and faith and I got
- 3:05:41my mom home with me too. So and I feel also changed.
- 3:05:49So I'm learning new things too, but they're all going.
- 3:05:54We have actually, I thought a lot of our families together
- 3:05:58still. And he's, I'm missing peace.
- 3:06:04So Missus Mcaha, the court's going to want to know how it is
- 3:06:08that Adrian kind of fell off the path and how you're going to get
- 3:06:11him back on the path. I have a day and night with me
- 3:06:16and my husband. And I was.
- 3:06:19Taking that's my work at night so I can take appointments, all
- 3:06:24my kids so I can deal with that part in the morning if needed.
- 3:06:28Finances, I know how we're able to finance if we need help with
- 3:06:33that, if there's people that are helpless if needed on finance
- 3:06:36wise or I do try to do overtime so that I can achieve those
- 3:06:41funds to be a conflict as well. And then the.
- 3:06:45Church has been very helpful and helping us with our children as
- 3:06:50well as the score that my children are in support and
- 3:06:54helping us with organizations outside of school to get them in
- 3:06:59right structure with speech or any things that they're needing
- 3:07:06or their health issues or mental states as well.
- 3:07:11And was your son in special classes?
- 3:07:14Yeah. OK.
- 3:07:15Is that a five O 4 designation? Do you know?
- 3:07:17I was one of them and he did have also.
- 3:07:21Behavior. From his ADHD and stuff like
- 3:07:25that. And how high did he get in
- 3:07:28school? Well, he repeated 9th grade for
- 3:07:31a good minute but he ended up passing him through to 10th
- 3:07:35grade, but that was the last of it.
- 3:07:38But they only found record here when he's trying to go for GED
- 3:07:43only for the 7th grade. So we would have to find a way
- 3:07:48again, which is very possible, to be able to do so.
- 3:07:53And you're willing to do whatever it takes to get him
- 3:07:55back on track educationally? Yeah.
- 3:07:57I mean, I have been, and I haven't let go yet.
- 3:08:01I'm still here. And if the court sees fit to
- 3:08:03grant him probation and puts your son in different programs
- 3:08:07to try and assist him, will you all be able to transport him or
- 3:08:11do whatever is necessary? So what I do for my kids,
- 3:08:16though, and how many other children do you have?
- 3:08:17I. Have 3.
- 3:08:19And what are their ages? 554 and 16 months.
- 3:08:25OK, we'll pass a witness stretch.
- 3:08:27Hang on, I. Have a couple of questions for
- 3:08:30your case. You stated that you live in
- 3:08:32Gonzales County factors is that craft like the outspirts of it
- 3:08:36OK and how long have you lived there going on six years.
- 3:08:39So what year did you 2 thousand, 2022, 1022 or it's a month?
- 3:08:49I don't, but I know the year is 2020.
- 3:08:51OK. And so regarding your side, I
- 3:08:56mean, he's 19 now, but this is not the first time that has been
- 3:08:59reported, correct? Understood.
- 3:09:01So he's been involved with the juvenile system since 2017,
- 3:09:05you'd agree? With.
- 3:09:07I don't know the year. But I do know that it's been a
- 3:09:09while, OK? And so before you lived in the
- 3:09:13OR in the outskirts of Gonzalez, were you living here in.
- 3:09:16Oh, yeah. And was he living with you this
- 3:09:19time? OK.
- 3:09:20And so I guess my question to you is.
- 3:09:26Back in 2017. And 2018.
- 3:09:28And 2019. And 2020. 1.
- 3:09:33Around 2022 and 2023, all of the years that he was involved in
- 3:09:36the juvenile system, he was living with you up until, is
- 3:09:40that correct? Probably before that.
- 3:09:45I don't remember when, because I got in a major car accident and
- 3:09:49I had to get searched at that end and then everything came
- 3:09:52back. And so he was much.
- 3:09:54Younger than. And.
- 3:09:57He was still picking up charges under your supervision.
- 3:10:00Is that fair to stay? I was not I.
- 3:10:03Wouldn't say I was the best to the fullest like I am now.
- 3:10:07I'm a lot more mature. I've grown up a lot more since I
- 3:10:11was AS. A young mom, too.
- 3:10:15And at the same time he was a lot immature himself.
- 3:10:18But you still need still growing up and maturity wise on that
- 3:10:23specific end. So and then through to the and
- 3:10:27then at the same. Oh yes, ma'am.
- 3:10:29And so. During the time when he was
- 3:10:33involved in the juvenile system, he was also ingesting illegal
- 3:10:37substances. Were you aware of that?
- 3:10:39No. OK.
- 3:10:40And he's living with you during this time.
- 3:10:42He do do some runaways. So I mean, I would have to do
- 3:10:46those things too on that end to foot.
- 3:10:49Reports. And so I guess my question to
- 3:10:53you is, what's going to be different now before when he was
- 3:10:57involved in the juvenile system and under your supervision,
- 3:10:59still committing crimes. But if I'm understanding you
- 3:11:01correctly, if you're saying that you're more mature now, I'm a
- 3:11:05lot more mature. I have got on my side.
- 3:11:07That's one, I know I'll succeed with my side, though, that'll be
- 3:11:11#1 And then two, I have mature. I have a husband that's he's
- 3:11:18kind of strong and I stand right beside him.
- 3:11:21And as a. As a whole.
- 3:11:23We succeed with our children and we have moved our environment
- 3:11:26from a quiet place. Peace.
- 3:11:30It's a. Whole different ballpark from
- 3:11:33living in this city over here to over there.
- 3:11:37And you're aware that your son was on probation for the
- 3:11:40offensive evading arrest and detention with the vehicle,
- 3:11:43which is a felony offense, is not Curtis or are you aware of
- 3:11:46that? I don't remember the year, but
- 3:11:50you know that he's on felony probation right now.
- 3:11:54You know that I'm not too great with the law too much, but I
- 3:11:59know he's been in trouble most of the time.
- 3:12:01OK. So he's on felony probation,
- 3:12:05which means that he's gone before this court and entered A
- 3:12:08plea, and this court put in place different programs for him
- 3:12:12to abide by. Yes, ma'am.
- 3:12:14OK. And he has not done that.
- 3:12:15Are you aware of that? Yes, ma'am.
- 3:12:17OK, because he went out and committed an aggravated robbery
- 3:12:20times 2. You're aware, right?
- 3:12:21Not. Well now I know that it's been 2
- 3:12:24aggravated robberies. Yes, ma'am.
- 3:12:25OK. And.
- 3:12:27So my question to you is, do you think that it's fair or do you
- 3:12:31think that it's justice for somebody who's already on colony
- 3:12:34probation that has shown this court that they have no
- 3:12:37intention of complying with its rules?
- 3:12:40Do you think that? It's fair for the the court to
- 3:12:42give us probation for a second. Means.
- 3:12:47That's where the judge, I mean, I can't give that answer because
- 3:12:50I mean, right, because I'm not the judge to say so, but I can
- 3:12:55say I'm there for my son. OK, that's fair.
- 3:12:57Thank you. No further questions, Chair,
- 3:13:00Thank you so much for giving me some insight into your son.
- 3:13:04All right, call your next witness.
- 3:13:05We will call Mr. Mcgaha. All right friends, I wasn't
- 3:13:16intending on doing 4th hour content, but we stumbled into
- 3:13:19this. Assuming it doesn't drag on
- 3:13:23forever, we'll see it through. Did you raise your hand for me?
- 3:13:25Please? Do you somebody swear and affirm
- 3:13:27The testimony you give will be the truth and nothing but the
- 3:13:29truth so help you God? All right, you can lower your
- 3:13:32hand. Make sure you keep your voice up
- 3:13:33so I can hear and the court reporter can hear if you'll
- 3:13:36state your name for the record. Stevens Mcgaha.
- 3:13:39All right, Defense, you may proceed.
- 3:13:40Mr. Mcgaha, How are you related to Adrian Isaac Hernandez?
- 3:13:44I'm with step dad, but I've been in his life since he was around
- 3:13:482. OK.
- 3:13:50And just to cut to the chase, Mr. Mcgaha, you know that we are
- 3:13:54here because he has picked up some felony offenses and he has
- 3:13:58a motion to revoke his felony probation, correct?
- 3:14:00Yes, ma'am. OK.
- 3:14:01So the question before the court is what is going to be different
- 3:14:04this time if the court would to give him probation and put him
- 3:14:07on deferred adjudication? What can you?
- 3:14:10Assure this court that's going to be different this time to
- 3:14:12keep him out of trouble. Well, he's come back home and I
- 3:14:16run a very, very strong household and and he has
- 3:14:19completed probation when he was staying with us too.
- 3:14:23And when he did do that, he he was living with us.
- 3:14:27OK, So you're talking about some of the priors that he's had.
- 3:14:29Yes, ma'am. OK.
- 3:14:30And the court has a whole list of those.
- 3:14:32And a number of those were dismissed or rejected, correct?
- 3:14:35Yes, ma'am. And did he complete a couple of
- 3:14:38deferred adjudication probations under your watch?
- 3:14:40Yes, ma'am. OK.
- 3:14:41And are you willing to do whatever it takes to keep him on
- 3:14:45the straight and narrow should the court grant him one more
- 3:14:48opportunity to try and behave on one of her probations?
- 3:14:52Yes, ma'am. OK.
- 3:14:53Is there anything that you would like to tell the court that you
- 3:14:56know is going to be different this time to in to guarantee or
- 3:15:00for the court that that he's going to be able to be
- 3:15:02successful? I mean, he has been successful
- 3:15:05with me because I do see him because that is my son.
- 3:15:09So he does this team a lot and, and like I said before, when he
- 3:15:15was staying with us and with me, he did, he had a couple of
- 3:15:23little hiccups, but, but. He was very, very.
- 3:15:26Successful when he was at home, so when he.
- 3:15:31If he does. Come out, then he'll be coming
- 3:15:33home because I've run a very, very tight ship, especially
- 3:15:37with. All of my kids.
- 3:15:38What kind of work do you do, Mr. McGraw High?
- 3:15:40I am a farm home. OK.
- 3:15:42And would you be able to get Adrian some work?
- 3:15:45Yes, ma'am, I would. And would you be able to make
- 3:15:48sure that he makes all of his appointments and that he gets
- 3:15:50back on track? Educational.
- 3:15:52Yes, ma'am. And then on top of that, I'm
- 3:15:54getting my wife her own vehicle upcoming soon.
- 3:15:57So she'll be having that. And then I'll be having my
- 3:16:00truck. So.
- 3:16:01And then I'll have my work truck, too.
- 3:16:03OK. Is there anything else you want
- 3:16:05to tell the court? My son, when he is home, he is
- 3:16:10very, very successful, especially when I am there.
- 3:16:14I am very, very stern with him. You can even ask him.
- 3:16:19He listens to me a lot lot more because I guess I had just have
- 3:16:24that dad figure for him, that fucking figure and I really do
- 3:16:30want my son. If he comes home, I guarantee he
- 3:16:36will more 90% almost 100% that he will be successful.
- 3:16:43We'll pass witness all right state yes Sir.
- 3:16:47So. You've been in.
- 3:16:52The defendant's wife since he's two years old.
- 3:16:54It's about your testimony. Yes, ma'am.
- 3:16:56OK. And so your wife is the
- 3:16:59individual that testified before you got home and she testified
- 3:17:03that you all lived here in San Antonio, TX until year twenty
- 3:17:0720th. Is that accurate?
- 3:17:09And so that both of you and her moved to the outskirts of the
- 3:17:12LS. Yes, ma'am.
- 3:17:14And then we purchase our own property.
- 3:17:16OK. And that's where you're living
- 3:17:18the store, correct? Yeah.
- 3:17:21And so I guess my question is, why was the defendant not?
- 3:17:25Working with you at this. Time not when he wasn't living
- 3:17:29with us. Why was why was?
- 3:17:32Why didn't he go with you in 2020?
- 3:17:34In a 2020. Is it was like a big old thing
- 3:17:39that that just happened and incident that happened at the
- 3:17:44house. So I had to move my family out
- 3:17:48and if my friends stay with his grandma.
- 3:17:51If I'm not. Mistaken.
- 3:17:53And then he did stay with us a couple more times after that.
- 3:17:58And then when he was staying with us, he was, he was in
- 3:18:02school, he had everything done and everything was good.
- 3:18:07And then. My son.
- 3:18:10Is he he? Almost had it.
- 3:18:16Completed and then when he turned 18 I do believe that's
- 3:18:21when he only moved to a San Antonio OK so when he turned 18
- 3:18:26then he moved out from a few in the fall and returned back.
- 3:18:30Yes ma'am. And so it's your testimony that
- 3:18:34you know he's been respectful at the time and you.
- 3:18:39Described. The problems that he's had as.
- 3:18:42Pickups. But you would.
- 3:18:44Agree with me that there's some pretty big hiccups right?
- 3:18:47I have 3 ticket tips too. OK, that's not what I'm at.
- 3:18:51You think that it's a bit? Would you?
- 3:18:53Describe it just as a hiccup and aggravated robbery where he
- 3:18:56knows that his friends have guns and they're stealing property
- 3:18:59from people on that end. Ma'am, I do not know.
- 3:19:03I do not know 'cause I was not there.
- 3:19:05I'm asking you SO on question. You think?
- 3:19:10Got him acting along with his Co defendants.
- 3:19:12If he see if his Co defendant has a gun and they're pointing
- 3:19:16it at an innocent civilian and taking that civilian's property,
- 3:19:19do you think that is a big hiccup or a little hiccup?
- 3:19:22I couldn't even see my son doing that in the 1st place.
- 3:19:25Listen to the question. That is the the fact that I
- 3:19:29described to you. Is that a big or little hiccup
- 3:19:33on that end? I do not know ma'am.
- 3:19:35Is it a big or little hiccup? I was not with him.
- 3:19:39The facts that I'm describing to you if somebody pointed.
- 3:19:42And say this. And took your property.
- 3:19:46I cannot say. That.
- 3:19:47I cannot say he bitter did not 'cause he was not with me ask
- 3:19:51him argumentative or excuse me. So just listen to the question
- 3:19:57and answer the question. OK.
- 3:20:00All right. You can ask your question facts
- 3:20:02that I described to you hypothetically if somebody.
- 3:20:07Crafted along with another Co defendant and one Co defendant
- 3:20:11had a firearm and pointed it at an innocent civilian and the
- 3:20:16other person started taking that civilian's property.
- 3:20:19Would you describe that as a big or little hiccup?
- 3:20:23I would call that as a big. Different case number.
- 3:20:25We possibly we have nothing further.
- 3:20:29All right, Sir, thank you for giving me some insight into your
- 3:20:32stepson. I appreciate you coming in to
- 3:20:35testify. All right, thank you.
- 3:20:37Call your next witness. We have no further witnesses.
- 3:20:39All right. And did you want to say anything
- 3:20:43to the court or do you want to just rely on your letter just?
- 3:20:48Want to say this? Well, here's the thing.
- 3:20:50If you want to say something to me, then I'll have to swear you
- 3:20:53in and the state will get a chance to ask, ask you
- 3:20:56questions. Sorry.
- 3:21:02All right. Can you raise your right hand?
- 3:21:04Do you solemnly swear? Affirm.
- 3:21:05The testimony you give will be the truth and nothing but the
- 3:21:08truth, so help you God? All right, you can lower your
- 3:21:10hand. State your name for the record.
- 3:21:11Is your Hernandez? All right.
- 3:21:13And before he begins talking, did you want to confer with him
- 3:21:15a little bit about whether he wants to say something to the
- 3:21:17court or not? Yeah, I could, just briefly.
- 3:21:41Want to do that? OK, but he'd rather just rely on
- 3:21:44the letter that he gave the court.
- 3:21:46All right, then let me call this cause number because I see that
- 3:21:50there were not pleased entered and it's the motion to revoke.
- 3:21:54All right, the court is calling 2024 CR 007176.
- 3:21:59Mr. Hernandez, I'm going to show you what's entitled the motion
- 3:22:03to revoke community supervision. Did you review that with your
- 3:22:06attorney? Did you understand it?
- 3:22:11Yes, ma'am. Are you the same Adrian Isaac
- 3:22:14Hernandez who was placed on community supervision in 2024?
- 3:22:18CR 007176 for the offensive, evading arrest or detention with
- 3:22:23a vehicle on August 5th, 2000, 2020 4 for a term of eight
- 3:22:28years. Is that you all right?
- 3:22:31State, you may proceed Violation of condition #4 In Bear County,
- 3:22:37Texas, the defendant Adrian Isaac Hernandez did then and
- 3:22:41there failed to report to the supervision officer as directed
- 3:22:45for the month of May at 2025. In violation of positions, of
- 3:22:50course. How do you plead to that?
- 3:22:51True or not true? True.
- 3:22:54We'll wave the gun and any objections to the waivers.
- 3:22:58No objections, which I understand by pleading through
- 3:23:02the violation of condition #4 the court could find it true.
- 3:23:05Grant the motion and sentence you up to six years in the
- 3:23:08prison knowing that you still wish to plead.
- 3:23:11True to violation of condition #4 Court will find violation of
- 3:23:15condition number four true. Is there a proposed agreement
- 3:23:19with regards to that motion? There's the revocation and all
- 3:23:28right and defense the the court will with regards to that.
- 3:23:34I'm assuming you want him continued, correct, Judge, we'd
- 3:23:36like it to run all concurrent with what his new offenses are.
- 3:23:40All right. And then state, since you're
- 3:23:41opposed, I'll hear your argument and then defense, I'll hear your
- 3:23:45argument for the cases that he's here to be sentenced on as well
- 3:23:50as the motion to revoke. I think it'll flow smoother with
- 3:23:53that. All right, State judge.
- 3:23:55So we are asking that you deny all of his applications and
- 3:23:59sentence time to 12 years in prison and the aggravated
- 3:24:03robbery cases and then five years in the prison on the
- 3:24:06collision case. Your Honor, I do appreciate
- 3:24:11reviewing the PFI that this defendant did somewhat take
- 3:24:14responsibility for his action and he did an intern to the and
- 3:24:19his role was taken into account in the the bargain.
- 3:24:24That's why he's given the top 12 oppose because he took
- 3:24:26responsibility and because he's not the person that had the fire
- 3:24:31and the evidence that was stipulated through these acting
- 3:24:34with two Co defendants. And they were engaging in
- 3:24:40burglary vehicles and local businesses in San Antonio over
- 3:24:44on the far West side. And basically they were going
- 3:24:48and pulling door handles and seeing what they could get into.
- 3:24:51And an uninvolved innocent bystander tells him to hey knock
- 3:24:55it off and his Co defendant points a gun in that person's
- 3:24:58face and tells him to get the fuck out of here while he is
- 3:25:02receiving property from the other Co defendant.
- 3:25:05Your honor, he's already on felony probation and this court
- 3:25:09has given him an opportunity to rehabilitate himself and be a
- 3:25:14productive member of society. And he has failed to do that.
- 3:25:17And if support were to grant his application, he would fail to do
- 3:25:21it again based on. And then also in the.
- 3:25:24Collision case he's dragging recklessly crashes into somebody
- 3:25:28causes him an injury and then he doesn't turn himself in for any
- 3:25:32of this as if he has to go and get him out of his house.
- 3:25:35He's so he can take responsibility in that regard.
- 3:25:39But in the PSI he did, which I appreciate, but we are asking he
- 3:25:43would deny his applications and sentence him to all right judge.
- 3:25:49I think that the state has actually hit the nail on the
- 3:25:52head. He is extremely remorseful and I
- 3:25:55think that the court can see that in the PSI, which is kind
- 3:25:58of unusual. You don't really see that level
- 3:25:59of remorse or taking responsibility for actions in,
- 3:26:04in my experience anyway, in these PS is I think this has
- 3:26:08been a tremendous wake up call. I think that the family has
- 3:26:12rallied and is stepping up to take some responsibility to make
- 3:26:17sure that he can stay on the path.
- 3:26:19He is definitely gotten off the path.
- 3:26:22There were definitely people that were were hurt as a result
- 3:26:25of his actions and he is very sorry for that.
- 3:26:28I think that he has had a bad time in jail and I think that
- 3:26:32this has shown him that he cannot go down this path, that
- 3:26:37he cannot be with these types of people.
- 3:26:39That he needs to live in his Smiley, Texas, with a population
- 3:26:43of 500 and get his GED and go to classes and get a trade and go
- 3:26:50to work and stay on the straight and narrow.
- 3:26:53And I think he needs his dad, who appears to be a very strong
- 3:26:57father figure, to be in his life and to keep him on the straight
- 3:27:01and narrow and make him a productive citizen.
- 3:27:03And then I know the court will have a number of programs and
- 3:27:07things to assist him with that. And I think that he is receptive
- 3:27:11to all of that. And so we are asking the court
- 3:27:14to grant his deferred adjudication and to run it
- 3:27:17concurrently and to keep him on probation in his evading case.
- 3:27:24And in the alternative judge, then we're asking for the lowest
- 3:27:27possible sentence that the court could deliver.
- 3:27:31All right, Mr. Hernandez, I want you to know that I've heard all
- 3:27:34of the testimony. I've internalized everything
- 3:27:36that has been said. I just don't think that you're a
- 3:27:41good candidate for probation. So in cause number 2024 CR
- 3:27:46007176, the court will revoke. The court is finding for true.
- 3:27:52The court will sentence you to six years in the prison, give
- 3:27:55you credit for any time served. There's to be no contact with
- 3:27:58Gustavo Perez. This is the rank concurrent with
- 3:28:012025 CR 0110202025. CR 011311 C 2025.
- 3:28:11CR 011309 AI requested the therapeutic community and
- 3:28:17there's to be no residing with minors.
- 3:28:20Did you review the document in that case entitled trial court
- 3:28:22certification of defendants rights to appeal with your
- 3:28:25attorney? Did you understand it and sign
- 3:28:27it? Yes, ma'am, you do have a
- 3:28:30limited right to appeal in that cause number based upon the
- 3:28:33allegations in the motion, not the fact that you were on
- 3:28:36community supervision. Because this is a felony
- 3:28:39conviction, you're not allowed to own or possess any weapons or
- 3:28:42ammunition. If you have a question over what
- 3:28:44that is, you'll need to speak to an attorney and cause #2025 CR
- 3:28:49011309. A court is going to deny your
- 3:28:59motion. Court will find you guilty.
- 3:29:07There's an affirmative finding of deadly weapon.
- 3:29:09There's a $2000 fine. Time and money will run
- 3:29:13concurrently. This is the run concurrent with
- 3:29:242024 CR 0071762025 CR 0110202025 CR 011309 a. 2025 CR 011311 C
- 3:29:51Taking consideration 2025 CR 0133 I'm sorry. 2025 CR 0113010
- 3:30:05C and 2025 CC 009777 There's an affirmative finding of deadly
- 3:30:13weapon. Court will sentence you to 12
- 3:30:18years in the prison, give you credit for any time served,
- 3:30:27restitution if any, to Shamari Moore.
- 3:30:40There. Should be no contact with
- 3:30:59Lincoln Gage Martins. I'm sorry merchants.
- 3:31:06Oscar Carvajal Junior Is there anything else with regards to
- 3:31:14sentencing under that cause number?
- 3:31:17No, I don't believe so. And that cause number, did you
- 3:31:21review the trial court certification of defendants
- 3:31:23rights to appeal with your attorney?
- 3:31:25Did you understand it and did you sign it?
- 3:31:27Yes, ma'am, Right, because this is plea bargain agreement,
- 3:31:30because I followed your plea bargain agreement, and because
- 3:31:33you waive your right to appeal, you do not have the court's
- 3:31:36permission to appeal. Because this is a felony
- 3:31:38conviction, you're not allowed to own or possess any weapons or
- 3:31:41ammunition. If you have a question over what
- 3:31:43that is, you'll need to speak to an attorney and cause #2025 CR
- 3:31:48011311 C The court is finding you guilty.
- 3:31:54The court will sentence you to 12 years in the prison, give you
- 3:31:58credit for any time served. There's an affirmative finding
- 3:32:01of deadly weapon. It's wrong.
- 3:32:04Current with 2024 CR 0071762025, CR 0110202025 CR 011309 A, 2025
- 3:32:18CR 011311 C Taking consideration 2025 CR 0 11310 C and 2025 CC
- 3:32:30009777. There's to be restitution, if
- 3:32:39any, to Paul Hike. Court will recommend the
- 3:32:49therapeutic community. And there's to be no contact
- 3:33:16with Lincoln gauge merchants and that cost number.
- 3:33:25Is there anything else with regards to sentencing?
- 3:33:29I'm sorry, there is an affirmative finding of deadly
- 3:33:31weapon. Just the other.
- 3:33:34Thing is that we've asked for a misconceptor with the other
- 3:33:37codependent, which is Oscar Carva Hall.
- 3:33:40All right, and no contact with Oscar Harva Hall and no residing
- 3:33:53in households with minors. For final note, no.
- 3:34:17And that constant, I'm just you review the document entitled
- 3:34:19trial Court certification of defendants rights to appeal with
- 3:34:22your attorney. Did you understand it and sign
- 3:34:25it? All right.
- 3:34:26Because it's a plea bargain agreement, Because I followed
- 3:34:28your plea bargain agreement, because you waive your right to
- 3:34:31appeal, you do not have the court's permission to appeal.
- 3:34:34Because this is a felony conviction.
- 3:34:35You're not allowed to own or possess any weapons or
- 3:34:38ammunition. If you have a question over what
- 3:34:40that is, you'll need to speak to an attorney and cause #2025 CR
- 3:34:45011020. Court will find you guilty.
- 3:34:58Court was sentenced you to five years in the prison.
- 3:35:02Give you credit for any time served.
- 3:35:05There's a $2000 fine that will be probated.
- 3:35:09This will run concurrent with 2024 CR 0071762025, CR
- 3:35:170110202025 CR 011309 a. 2025 CR 011311 C taking consideration.
- 3:35:302025 CR 011310 C 2025 CC 009777 There's to be no contact with
- 3:35:43Lincoln Gage, I'm sorry, Lincoln Gage Mertens and Oscar Carvajal.
- 3:35:59There's to be restitution, if any, to Mia Aleman and Sandra
- 3:36:07Marin and the court will recommend the therapeutic
- 3:36:11community. No residing in households with
- 3:36:14minors. All
- 3:36:28right, Did you review the document entitled Trial Court
- 3:36:30certification of Defendants rights to appeal with your
- 3:36:33attorney? Did you understand it and sign
- 3:36:34it? All right, because this is a
- 3:36:36plea bargain agreement, because I followed your plea bargain
- 3:36:38agreement and because you waived your right to appeal, you do not
- 3:36:41have the court's permission to appeal.
- 3:36:43Because this is a felony conviction, you're not allowed
- 3:36:45to own or possess any weapons or ammunition.
- 3:36:47If you have a question over what that is, you need to speak to an
- 3:36:50attorney. Do you understand?
- 3:36:52All right, we can go off the record.
- 3:36:53Here's the thing. I know it's a lot of time and
- 3:36:54you're very young. When you go to prison, do not
- 3:36:58become institutionalized. Go there.
- 3:37:00Keep your head down. Try to get your degree.
- 3:37:03I will tell you, I've had clients before, and the best
- 3:37:06certification you can get, it may have changed, is welding,
- 3:37:11because with welding, they get paid a lot of money.
- 3:37:13It'll be something that you'll be able to support yourself on.
- 3:37:16OK. All right, Good luck to you.
- 3:37:18Thank you, Judge. No, we'll be exposed to.
- 3:37:20I need the. All right, friends, I do need to
- 3:37:24fly, but hopefully he serves his time well and gets his stuff
- 3:37:28together. We'll be back tonight for
- 3:37:29sidebar. 8:00 PM Eastern, 5:00 PM Pacific.
- 3:37:32We'll be back tomorrow morning for this live show. 9:00 AM
- 3:37:35Eastern, 6 Pacific. 1/2 an hour early for channel members.
- 3:37:38Thanks so much for spending time with me today.
- 3:37:40Thanks for the generosity of those who did super chats and
- 3:37:43gifted memberships. Thanks for just hanging with us
- 3:37:47today. It's been fun, so look forward
- 3:37:49to seeing you all again soon. But I got things I gotta go do
- 3:37:52so see you later. Take care, God bless.