Latest / The Courtroom Files / May 04, 2026 Court Hearings: Judge Stevens Sentences Murderer, Prill Hears Embezzlement, Aquilina Drops Reality Check + More | TCF Podcast #283

Transcript

May 04, 2026 Court Hearings: Judge Stevens Sentences Murderer, Prill Hears Embezzlement, Aquilina Drops Reality Check + More | TCF Podcast #283 · The Courtroom Files

0:00
Good morning, everybody. Happy Monday and may the Fourth
0:03
be with you. My name is Dan Soul coming to
0:06
you live from a freshly upgraded bunker deep in the heart of the
0:09
Sonoran Desert. Be your guide for the next 4
0:12
hours on our journey through Courtlandia.
0:14
We will start with the 44th District Court Magistrate This
0:17
morning. It is Magistrate Urich.
0:20
Hearing true. Yes.
0:22
So you understood the court's instruction that you must select
0:24
from one of three options to protect your rights, Yes.
0:27
Yes. Thank you Miss Covent.
0:29
The citation before the court was issued March the 17th, so
0:34
Saint Patrick's Day this year at about 2:20 in the morning you
0:39
are operating a 2014 Audi black in color on 13 mile Rd.
0:42
Ave. Maine in the city of Royal Oak.
0:45
At that place and time it was discovered your vehicle plate
0:47
had expired on March 12th of 25. So this is a simple expired
0:53
plates citation not moving 0 points.
0:56
You may admit responsibility, you can admit, explain and
1:00
display an updated registration, or you can deny responsibility
1:04
and the court will swear the parties and take your testimony.
1:07
What do you wish the court to do for you?
1:09
Admit, explain and show my proof.
1:12
Horrific. So you're confirming that on the
1:15
date in question you were operating a motor vehicle in the
1:18
city of Royal Oak with an expired tag, correct?
1:21
Yes. Your Honor and could you hold
1:23
that up to your device, please? I hope you can see it.
1:27
Do I need more light? Well, right now our handicap is
1:31
the fact that you've got a, a stutter in your transmission.
1:36
So I don't know if Officer Gertler can see that or not.
1:40
I cannot however lucky A. Bit of a delay.
1:43
OK, hang on, hang on, Miss COVID officer.
1:46
Lucky for everyone I did my homework on this and it is up to
1:49
date current to 2027. Terrific.
1:53
That being said, I would like to make a motion to dismiss the
1:55
citation, please. All right, that's a motion to
1:58
dismiss, Miss Colvin. So you are all set.
2:00
Thank you for being prepared and good luck to you.
2:03
Thank you, Your Honor. Thank you, Officer.
2:07
The court calls case number 26 RO 01744 and four 4A.
2:13
These are people versus Dylan Matthew Weldon.
2:17
That's you, Sir. Yes, Sir.
2:19
Mr. Weldon, you were present a few minutes ago when the court
2:22
explained the nature of an informal hearing.
2:23
True? Yes.
2:25
So you understood the court to instruct that you must elect for
2:28
one of three options to protect your own rights, correct?
2:30
Yes. Thank you.
2:32
Mr. Weldon. The citation before the court
2:35
was issued on March 28 of this year at about 10:45 in the
2:39
evening. You were operating a 2007
2:42
Chevrolet White and Color on Woodward Ave., M1 Avenue,
2:46
Coolidge Highway City, Royal Oak.
2:48
And at that place and time you were cited for expired plates.
2:53
The vehicle plate had expired on October 1st of last year.
3:00
You were cited for disobeyed traffic control device in as
3:04
much as you fail to fully stop for a stop sign and there's a
3:08
warning that's not before the court today.
3:11
So those are the two matters before the court.
3:15
You may admit responsibility, you can admit and explain, or
3:18
you can deny responsibility and the court will swear the parties
3:22
and take your testimony. What do you wish the court to do
3:24
for you? How inmate guilty with an
3:27
explanation. Very well.
3:29
So you're confirming to the court that on the date in
3:31
question you were operating a motor vehicle in the city of
3:35
Royal Oak with an expired tag and you intentionally or
3:39
unintentionally disobeyed a traffic control device, correct?
3:43
Yes. Thank you.
3:46
Court appreciates your honesty. First Officer Gertler, do you
3:51
have any information on that plate?
3:53
Yes, it is current and up to date for the expired plate
3:57
portion of this. I would like to dismiss that
3:59
citation, please. That plate is dismissed, Mr.
4:04
Weldon. Whoever has that birthday will
4:05
keep having them for years to come, so you'll know what to do
4:09
next October. Spec to the signal or the
4:13
device? What the stop sign?
4:15
What would you like to say? So that I guess that's where a
4:22
bunch of people park at to like hang out stuff.
4:26
And. So it's my girlfriend was hungry
4:31
and she had that that time of the month for girls and she got
4:38
mad at me because I said I didn't want to park because the
4:41
parking there was all messed up. So.
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So I wasn't really paying attention and I guess when I
4:49
pulled out I didn't see the sign where it said right turn only
4:53
and I went straight across and then I was arguing with her.
4:57
So I know that's not an excuse, but that's the reason why all.
5:01
Right. We could basically sum that up
5:05
as much as you were distracted by a circumstance and the most
5:11
important thing we should do whenever we find ourselves in
5:14
that situation is get ourselves out of traffic till that matter
5:19
resolves, however that is to happen.
5:21
OK, so the court can empathize with your circumstances, but
5:26
Needless to say, Officer Gertler?
5:28
Yes, Your Honor, I would like to make a motion to amend that to
5:31
impeding traffic, please. Very well, that's going to save
5:35
you considerable grief, Mr. Weldon.
5:37
Impeding traffic as a zero point violation will not appear on
5:41
your master driving record. That's acceptable to.
5:44
You. Very well, your original plea
5:47
will absorb A plea to impeding traffic.
5:49
The finest $175 payable through the pay portal on the 44th
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District Court website where you may walk a cash check or charge
5:57
into this court at 400 E 11 Mile Rd.
6:00
Monday through Friday between 8:30 and 4:30.
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The court is marking that due within 14 days.
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That completes your hearing. Good luck to you.
6:10
Thank you. Following case number 26 RO
6:13
01560 people versus Olivia Lee Dish That's you.
6:20
Yes. Dish.
6:21
Dish Thank you. Miss Dish, You were present
6:23
earlier when the court explained the informal hearing process,
6:26
correct? Correct.
6:28
Yes. So you understood the court to
6:29
instruct that you must select from one of three options to
6:32
protect your rice? True.
6:34
Yes, your Honor. Miss Dish, The citation before
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the court was issued March 21 of this year.
6:41
At a little bit past midnight, you were operating a 2011 Ford
6:46
Fusion Grand Collar on Woodward Ave.
6:49
M1 and or near Normandy. At that place and time, you were
6:53
cited for speeding a minimum of 1 to a maximum of five miles
6:57
over. However, the officer's apparent
7:02
radar reading clocked at a 61 and a 45.
7:06
Regardless, this was written for one to five.
7:08
And today's your day in port. You may, if you wish, admit
7:11
responsibility. You can admit and explain, or
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you may deny responsibility. The court will swear the parties
7:18
and conduct your trial. What do you wish the court to do
7:20
for you? I would like to pick the second.
7:23
Option I would. Like to admit guilt, I guess,
7:26
with expectation. Very well.
7:28
So you're confirming to the court that on debate in question
7:31
you were operating a motor vehicle in the city of Royal Oak
7:34
and exceeded the postal speed by at least one mile?
7:36
Yes, your Honor. Thank you.
7:38
What would you like to tell the court, Miss Dish?
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I, I don't know if this is exactly a reasoning for it, but
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in the night of I was just driving into downtown Royal Oak
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to pick up some friends. I was offered to drive everybody
7:59
home after a night at the bar. I'm new to the area.
8:02
I'm not from Royal Oak. I live in Pontiac.
8:05
I just moved to the area. I, I was just kind of cruising.
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I wasn't, I, when I got pulled over, I, I really, it didn't
8:13
kind of register in my mind that I had been speeding.
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And then he told me and I, I completely understood.
8:20
Like, Yep, I wasn't, I wasn't paying attention.
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I had a lot on my mind. I, I got laid off from my job
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that, that same day. So it's kind of just
8:28
overthinking things, not really paying attention to my speed.
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I don't know if there is an option to do something like a,
8:37
a, a class online. I'd be more than happy to to
8:41
take that, but I just wanted to take the opportunity to come and
8:45
at least at least try. No, I really appreciate it.
8:48
No worries. And the court appreciates what
8:50
you're telling it. The main job of any Michigan
8:56
driver is to be completely aware of the circumstances and
9:00
mindful. So if you ever have an occasion
9:04
where you're you're just having a little bit too much on your
9:06
mind, it's good to get out of traffic for a minute for your
9:10
own safety and the safety of those around you.
9:12
Officer Gertler. Yes, Your Honor, I would
9:14
actually like to make a motion to dismiss this citation in its
9:17
entirety. Very well.
9:19
There's a motion to dismiss the court.
9:22
Can't imagine you have a problem with that Miss Deesh.
9:25
No, I don't. Thank you.
9:26
Have we found new work yet? I have not, it's been, it's been
9:30
a little bit of a struggle, but I, I'm working on it and I, I
9:34
really appreciate this has this. Has kind of been on my.
9:37
Mind a lot last week. Well, push this one to the side.
9:41
And as I tell my sons, keep cranking out those resumes.
9:44
You take Care now. Good luck to you.
9:46
Thank you so much. Do I have to?
9:47
Is there a court fee that I need to pay to you?
9:49
You need to do nothing. You're all set.
9:51
Just I. Appreciate it.
9:53
Thank you so much. Thanks.
9:54
Following case number 26 RO 01233, this is People versus
10:01
Marshall L Bennett. Mr. Bennett, are you available?
10:05
Yes, I am. Thank you very much, Mr.
10:07
Bennett. You were present earlier when
10:09
the court explained the informal hearing process, True.
10:13
And so you understood the court to instruct that you must select
10:16
one of three options to protect your own rights.
10:19
True. Thank you, Mr. Bennett.
10:21
The citation for the court is a relatively simple one.
10:24
Indicates that on March 4 this year, about 6:45 you were
10:29
operating in 2026 Toyota Grey and Collar on Crooks Road at a
10:33
near Webster in the city of Royal Oak.
10:36
At that place and time you were cited for exceeding the posted
10:39
speed by minimum of 1 to maximum of five.
10:42
Over that is a posted 30 mile an hour zone there.
10:47
Officer Gertler's detailed note on your citation indicates a
10:53
radar reading of 51 and a 30, but he wrote it for one to 5 /
10:59
30. Regardless, today's your day in
11:01
court, Mr. Bennett. You may admit responsibility,
11:04
you can admit and explain, or you may deny responsibility and
11:08
the court will conduct your trial.
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What do you wish the court to do for you?
11:12
I can admit and explain. Very well.
11:15
So you're confirming to the court that on the date in
11:16
question your operating motor vehicle in the City of Royal Oak
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and exceeded the posted speed limit by at least one mile over,
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correct? Thank you.
11:24
Mr. Bennett, what would you like to tell this court?
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I just actually I'm new to Michigan.
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So I'm just again, I was at that moment, I was getting used to
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the environment area. I don't know exactly which way I
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was coming from, but I know the area I was coming from, the
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speed limit was a little more. It was a higher.
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So by that time I just didn't hadn't noticed that the speed
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limit changed on me. So I'm honestly, I understand it
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was my fault. It was totally on me.
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Officer caught me what it was. So no, no complaint, but I did.
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I was just a little the the change up of the speed at that
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moment just called me. So it was no big deal.
12:02
Thank you very much. The court appreciates your
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remarks. As a future safety tip, the less
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familiar we we we are with an area, the more carefully we
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should we should drive. Yes, Sir.
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And Crooks Rd. is is appropriately named it because
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it's got a lot of turns on it. Yeah, I see now.
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Yeah. Yeah, yeah, yeah.
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The the first time you run that you're like, what?
12:26
Where is this taking? So anyway, OK, I appreciate
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that. Mister Bennett, Officer Gertler,
12:31
anything you want to share? Yes, Your Honor, I'd like to
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make a motion to amend it to an impeding traffic, please.
12:36
Very well. There's a motion to amend to
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impeding traffic, Mr. Bennett, that is a 0 point violation will
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not appear permanently on a master driving record.
12:45
That's acceptable to you? Yes.
12:47
Yes. All right, so the court's going
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to assess the fine of $175 that is payable through the pay
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portal on the 44th at the court website or you may walk a cash
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trucker charge into this court of 400 E 11 Mile Rd.
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Monday through Friday between 8:30 and 4:30.
13:01
That's due within 14 days. Please drive safely, take care
13:06
all. Right.
13:06
Thank you. Good morning once again,
13:08
everybody, and may the fourth be with you.
13:11
TCF live on a Monday. My name is Dan and it's good to
13:14
have you all here. If you are new to this channel
13:17
and have not yet said good morning in the chat, please take
13:20
a moment to do so. We're a friendly folk around
13:22
here. Let's change it up.
13:24
Let's go down to Lake County, Ohio.
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Judge Colada is taking the bench.
13:28
Let's see what's going on there. We are present this morning in a
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matter of state of Ohio versus Devin M Parker.
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This is case number 26 CR 249. President Open court this
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morning is the defendant with his attorney, Jim Matthews.
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We were here for a pretrial previously on this case and
13:45
since then I've had extended discussions with the defendant
13:48
through his counsel about a potential resolution of this
13:51
case. It's my understanding that the
13:52
defendant does wish to resolve the case today at the change of
13:55
plea and accept the state's offer whereby he would be
14:01
pleading guilty to Counts 2 and four of the indictment.
14:06
Both of those are the same charge but different instances.
14:10
Unlawful, unlawful sexual conduct with a minor.
14:13
Felonies of the 4th degree in violation of Revised Code 29 or
14:17
7 point O 4A. This would be a Tier 2 sex
14:21
offense. There's no agreement as a
14:25
sentencing victim is not here. However, prior to making this
14:30
offer, the state did reach out to the victim and victim's
14:34
mother and they also approved that offer.
14:39
Before the state made it. And you may have said, is there
14:41
any, has there been any discussion or agreements on the
14:44
sentencing recommendations which are part of the plea?
14:46
No, not all right. Mr. Harper, were you able to
14:48
hear what the prosecutor just had to say regarding what he
14:51
believes your intentions are here today?
14:52
Yes. Sir.
14:53
He indicated the court he believes that your desire to
14:56
withdraw your previous enter pleas, if not guilty to counts 2
14:59
and four and plead guilty to those charges and I'll go over
15:02
those charges with you to make sure you understand what they
15:05
are. And the other two counts would
15:06
get dismissed. We would defer continue
15:09
sentencing to another day to get some of the evaluations
15:12
completed, come back on a future day for sentencing where there's
15:16
no agreement between the parties regarding any recommendations.
15:20
Each side is free to recommend to the court whatever sentence
15:22
they believe is the fair thing to do.
15:25
Is that your understanding of the discussions that took place
15:27
between your lawyer and the prosecutor, Most importantly,
15:29
what you want to do today? Yes, Sir.
15:31
Well, before I can accept your plea, I need to make sure you
15:34
understand everything we're doing here.
15:37
I need to make sure you understand what it is you're
15:39
charged with and pleading guilty to the rights you had that you
15:42
give up by pleading guilty, as well as all the possible
15:44
penalties you face. So for me to determine those
15:47
issues, I'm going to ask you a series of questions.
15:50
If at any point when I'm asking you these questions, if you're
15:53
unsure, unclear of anything, I'm asking you if you need anything
15:56
repeated or clarified. You want a moment to talk with
15:59
your lawyer, to ask him questions, or even if you want
16:02
to ask me questions, make sure you let me know that 'cause I
16:04
need to make sure you understand everything going on.
16:05
All right? Yes, Sir.
16:07
All right, let's get started then.
16:09
How old are you, Sir? 24?
16:11
Are you able to read and write the English language?
16:13
Yes, do. You have any difficulty with
16:15
that or difficulty understanding what you read in the English
16:17
language? No.
16:19
Are you AUS citizen? Yes.
16:21
Now, before you came into court here this morning, have you any
16:24
drugs or alcohol of any kind? No, Sir.
16:27
What about in the last 48 hours? No, Sir.
16:29
Not even. Prescription medication?
16:32
Nothing. No.
16:33
OK, Now, you should have received a copy of the
16:39
indictment in this case. I know you did.
16:41
You got it. Sometime around middle of March,
16:43
beginning of March. Just the document sets forth the
16:45
charges you're accused of committing.
16:46
Do you remember getting that? Yes.
16:48
And at some point you had the chance to look that over.
16:51
Yes. Now, in that indictment, you're
16:53
charged with four counts. You're pleading guilty to two of
16:55
those counts. I'm going to go over those two
16:57
with you. If you have any questions, make
17:01
sure you ask. And the two counts are the same
17:03
charge. It just occurred on 2 separate
17:07
occasions. And what's alleged here in each
17:09
of these counts is honored between June 29th, 2024 and
17:12
August 31st of 2024. And the city of Mentor, Lake
17:18
County, Ohio. That you being 18 years of age
17:22
or older did engage in sexual conduct with AJ, who is not your
17:26
spouse. And that you knew that AJ was 13
17:30
years of age or older, but less than 16, specifically 14 and or
17:36
15 years of age or you were reckless in that regard.
17:39
And knowing that that kind of constitutes the offense of
17:42
unlawful sexual conduct with a minor.
17:44
It's a felony of the 4th degree. Do you understand why you're
17:47
charged with and pleading guilty to in regards to counts 2 and
17:50
four? Yes.
17:51
Any questions about those charges, the allegations?
17:54
No. Now there's two other counts of
17:56
this indictment, 2 charges of sexual battery, which are more
17:59
serious, but those are being dismissed pursuant to the
18:01
agreement. Is that your understanding?
18:03
Any questions about those two charges?
18:05
No. Well, then before I can accept
18:07
your plea accounts, two and four, I need to make sure you
18:09
understand on the right you're giving up by pleading guilty.
18:13
And you first of all have a right to have a trial in this
18:16
case. Not a trial could be to me as a
18:18
judge or I listen to the evidence and I make the decision
18:21
whether you're guilty or not guilty.
18:23
But you also have a constitutional right to have a
18:27
jury trial. And the jury trial would be in
18:29
front of 12 citizens here from Lake County who would listen to
18:32
all the evidence each sign wanted to present.
18:34
Those 12 jurors would consider and weigh all that evidence, and
18:37
then those 12 jurors will make that ultimate decision.
18:39
And that ultimate decision reached by those jurors would
18:41
have to be unanimous, unanimous, Unanimous means all 12 of them
18:45
would have to agree together one way or the other as each
18:47
specific charge, whether you're guilty or not guilty.
18:50
Do you understand that? Yes, Sir.
18:51
Do you understand by pleading guilty or giving up your right
18:54
to have a trial? Yes.
18:56
Now, if we did have a trial in this case, the prosecutor here
19:00
would represent the state of Ohio and he would have what we
19:02
call the burden of proof. With him having the burden of
19:04
proof, What that actually means is that it is his job or he
19:07
bears the responsibility or the obligation bears the burden of
19:11
proving you guilty before you could ever be found guilty or
19:14
presumed innocent of all these charges.
19:16
And that presumption of innocence will stick with you
19:18
and remain with you until the state, if at all, was ever able
19:20
at a trial to overcome that presumption and prove you
19:23
guilty. Do you understand that?
19:24
Yes. Now we speak of this burden of
19:27
proof. Since this is a criminal case,
19:28
that burdens referred to as proof beyond a reasonable doubt,
19:32
highest burden we have in our justice system, What it actually
19:34
means, it's the amount of the evidence and the quality of that
19:37
evidence they would have to present at a trial to prove you
19:39
guilty. So in this case, the state would
19:42
have to present evidence to prove each element or each part
19:46
of those charges beyond any reasonable doubt before you
19:48
could ever be found guilty of those charges at a trial.
19:50
Do you understand that? Yes.
19:52
Do you understand by pleading guilty or giving up your right
19:54
to make the prosecutor prove you guilty beyond a reasonable
19:57
doubt? Yes.
19:58
Now, in order to do that, or at least try to do that, if we had
20:01
to try, the prosecutor would bring witnesses into the
20:03
courtroom to testify for the state and they'd answer
20:05
questions from the prosecutor. Once those witnesses answered
20:08
the prosecutor's questions, and your lawyer would have the right
20:11
on your behalf to ask those same person's questions.
20:13
And that's called cross examination.
20:16
So you can ask him anything he wanted to, but within certain
20:18
rules. Do you understand that?
20:19
Yes. Do you understand by pleading
20:21
guilty of giving up your right to cross examiner confront those
20:24
witnesses that would come in here and testify against you?
20:26
Yes. Now, you'd also have the right
20:29
at a trial, you can call your own witnesses to come to court
20:31
to testify for you if you wanted to, and answer your lawyer's
20:33
questions. Now, you don't have to do that.
20:37
You're not required to do that, but you have a right to do that
20:38
if you wanted to understand. That.
20:40
And you further can request the court issue an order.
20:43
That order is called a subpoena. What a subpoena would do is Wood
20:48
Forest or make someone come to court and testify for you and
20:50
answer your lawyer's questions if they were not willing to come
20:53
in voluntarily on their own. Do you understand that?
20:56
Do you realize you're giving up that right?
20:58
Yes. Now you also have a right at a
21:00
trial. You could choose to testify on
21:02
your own behalf if you wanted to, but you do have a
21:05
constitutional right not to testify if you don't want to.
21:07
That's a decision or a or a choice that you would have to
21:11
make. Do you understand that?
21:12
Yes. And since that's your choice,
21:14
what that really means then is that nobody else could force you
21:17
or make you, nobody could compel you to testify against yourself
21:20
at a trial if you don't want to. I can't make it testify, but
21:23
most importantly, the prosecutor here is not allowed to call you
21:25
as a witness, make you get by the stand and answer questions
21:28
and testify. Your own lawyer can make you
21:30
testify if you didn't want to. Do you understand that?
21:33
Further understand that if we did go to trial and you were
21:35
found guilty of any of these charges, you would have the
21:37
right to appeal or challenge that guilty finding to another
21:42
court, a higher court that sits above me and reviews my
21:44
decisions. By pleading guilty here today,
21:46
you're giving up or waiving any right you have to appeal a
21:48
guilty finding. This court will enter if your
21:50
plea is accepted, as well as any other issues you could raise or
21:54
brought to my attention up to this time.
21:56
You understand that? Yes.
21:57
All right. Well, do you have any questions
21:59
at all about any of these rights we've just discussed?
22:01
These are all the rights you have and all the rights you're
22:03
giving up by pleading guilty and questions?
22:05
No, Sir. You understand them all?
22:07
Yes, Sir. Do you still want to plead
22:08
guilty? Yes, Sir, do.
22:11
You understand the guilty pleas of complete admission of guilt,
22:13
so you're going to be admitting to what the prosecutor's
22:15
alleging regarding these two counts.
22:17
We're not going to argue later that you didn't do this or it's
22:19
someone else's fault or anything like that.
22:21
Do you understand that? Yes, Sir.
22:23
Further, as a result of pleading guilty, the effect of that plea
22:26
is that you'll be found guilty by the court and then you will
22:31
subsequently, on another day, be sentenced by the court.
22:33
Do you understand that? Yes, Sir.
22:35
Now, as far as sentencing goes, you're pleading guilty to two
22:37
felonies of the 4th degree. Both of these are punishable by
22:41
a possible term in prison of a minimum of six months, a maximum
22:45
of 18 months or any whole number in that range of 6 to 18.
22:48
Do you understand that? Yes, Sir.
22:50
Now, since there's two separate charges here that occurred on
22:54
separate times, 2 separate incidents, if I impose a prison
22:58
term, I would impose a prison term in each separate count.
23:01
And as the judge, I have the discretion to run those prison
23:03
terms either concurrent or consecutive to each other.
23:06
Concurrent means together you serve them at the same time,
23:09
whereas consecutive means one after the other.
23:11
You serve the prison term on count two, complete that
23:14
whatever it was, and then serve the prison term on the next
23:16
count. Do you understand the difference
23:18
there? Yes.
23:19
So in this particular case, if I impose the maximum sentence on
23:22
each count and random consecutive to each other,
23:25
you're looking at a maximum possible prison term in this
23:27
case of three years in prison. Do you understand that?
23:30
Yes, now you currently have probation or parole to have the
23:33
courts or agencies. I'm sorry.
23:35
Are you on probation or parole? Any type of supervision on any
23:38
of their courts or agencies. No.
23:41
Do you have any other charges pending against you in any other
23:43
court? I do have A1 charge pending for
23:47
me right now, but it's supposed to close on June 3rd.
23:50
What is that domestic violence case?
23:53
What court is that in? Miner Municipal Court.
23:57
Is it a misdemeanor or a felony? It's a misdemeanor.
24:00
They put it down to a misdemeanor I believe AM/5M5 yes
24:06
or M4. There's no M5.
24:09
OM4. The M4 is the lowest there could
24:12
be. Oh, yeah, it was the lowest one.
24:15
I guess it could be a minor misdemeanor, but they don't have
24:17
those for domestic violence. The reason I ask that question
24:19
is if you're, you have another case, another felony case and
24:23
you get sent to prison before you come back here for
24:25
sentencing. I could run a prison term
24:28
concurrent or consecutive to that.
24:30
But it's, it doesn't appear that that's the case here.
24:32
It's a it's a misdemeanor case if I were to oppose a prison
24:38
sentence, whatever time you if you're serving.
24:41
Any time on a. Misdemeanor would automatically
24:42
be concurrent with the felony charge.
24:44
You understand that? Yes, Sir.
24:46
Now if a prison sentence is imposed in this case upon your
24:50
release prison, you would be placed on post release control,
24:55
in this case for five years. It's mandatory.
24:58
Post release control is sometimes referred to as parole.
25:01
It's a period of supervision you would be on after you've
25:03
completed the prison sentence. In this case, being a felony sex
25:07
offense, post release control is mandatory for five years.
25:10
Do you understand that? Yes.
25:13
Sir. And if you're on post release
25:14
control at any point, never violate any of the conditions of
25:17
your supervision of parole authority could send you back to
25:19
prison as punishment for violating the rules for another
25:23
nine months. For each violation you commit up
25:25
to an overall maximum of 50% or half whatever the prison term is
25:31
imposed by the court. Do you understand that?
25:32
Yes, Sir. All right, now, aside from the
25:34
possible prison sentence, there are other sanctions that can be
25:38
ordered. You could be fined in this case.
25:40
Each charge carries with it a possible fine of up to $5000.
25:44
So together there's a possible fine of $10,000.
25:47
You can also be ordered to pay court costs.
25:48
You can also be ordered to reimburse the accounting for any
25:50
cost of confinement, community supervision, or treatment, if
25:53
any of that were applicable in this case.
25:55
Do you understand that this case, being a sexually oriented
25:59
offense, also carries with it mandatory registration
26:04
requirements? You'll be classified at the time
26:08
of sentencing as a Tier 2 offender, which will require you
26:12
to register your home residence address where you work and or go
26:19
to school with the sheriff in that county every 180 days for
26:25
25 years. Do you understand that?
26:27
Yes. Now, a few moments ago, I
26:29
explained the possible prison sentence.
26:31
I used the word possible. Prison's not mandatory.
26:33
With these charges, you are eligible for probation or what
26:36
we call community control sanctions.
26:39
Do you understand that? Do you understand that just
26:41
because you're eligible doesn't mean you'll automatically get
26:43
probation? It means I'll consider that
26:45
that's what you're requesting. I'm going to look at all the
26:47
information presented now I'll make the decision.
26:51
I think it's the right thing to do.
26:52
Do you understand that? Yes.
26:54
Now, if you are put on probation, it could be for up to
26:55
five years of supervision. And as the judge, I do have the
26:58
discretion to order a wide variety of rules and conditions
27:02
for you to follow. One of the conditions of your
27:04
probation can be in order that you serve a term in the Lake
27:06
County jail of up to six months. So even if you get probation,
27:10
that doesn't automatically mean there's no incarceration.
27:12
It could be local incarceration for up to six months.
27:14
Do you understand that? Yes, and if you are on probation
27:17
and never violate any conditions of your supervision, we would
27:21
have a hearing here in court to see if you're what's called a
27:23
probation violator. If it was determined that you
27:26
were, I could extend your probation up to five years.
27:28
It wasn't initially 5 years. I could order more restrictive
27:31
sanctions against you or I could terminate your probation and
27:34
send you to prison at that point.
27:36
If I sent you to prison at that point, again, it could be for
27:39
that range I told you about before, 6 to 18 months in each
27:41
count, consecutive up to three years.
27:44
And that could also be consecutive to any other
27:45
sentence you may be serving at that time for something else or
27:50
that you're being sentenced to if there's a new charge, you
27:51
understand that. Yes.
27:54
Lastly, when we do come back here for the sentencing hearing,
27:56
you're going to have the right on that day to say anything you
27:58
want, anything you want me to know or consider.
28:01
Your lawyer could speak on your behalf.
28:03
He can recommend the sentence of the court.
28:05
Prosecutor can also recommend a sentence to the court.
28:06
Do you understand that? Yes, Sir.
28:08
Do you understand that whatever anyone says, it's sentencing
28:10
regarding what they think the sentence should be, It is just
28:13
what I said. It's a recommendation.
28:15
I don't have to file that if I don't think that's the right
28:16
thing to do to understand that. Yes.
28:19
All right. Well, do you have any questions
28:20
for me about the potential penalties you face by pleading
28:22
guilty? No.
28:24
Sir. You understand all the possible
28:25
consequences and what can happen at sentencing.
28:27
Yes. You still want to plead guilty?
28:30
Yes. Have you had enough time to talk
28:32
about this case with your lawyer and have him go over the reports
28:34
with you, discuss the issues, answer whatever questions you
28:37
may have? Yeah, we had on appointments.
28:39
OK. Are you satisfied with his
28:41
advice and counsel? Yes.
28:44
Has he, or has anyone for that matter, made any promises to you
28:47
about what's going to happen at the sentencing which is inducing
28:50
you to plead guilty here today? No.
28:52
Have you been threatened or coarsed in any way to plead
28:54
guilty? No.
28:56
Are you entering your guilty plea freely and voluntarily
28:58
today? Yes.
29:01
All right then, Mr. Harper, any questions for me at this point
29:04
regarding anything We've just talked about the rights you're
29:06
giving up, how these you face, what you're pleading guilty to,
29:09
any questions at all? No, Sir.
29:11
Do you need any more time to speak to your lawyer before we
29:13
go forward through actual guilty plea?
29:15
No. All.
29:17
Right, then what's going to happen at this point, the
29:18
prosecutor here is going to explain for me what he believes
29:21
the evidence would establish that a trial if we did have a
29:23
trial. I want you to listen to him
29:25
because then I got some follow up questions for you about that.
29:26
All right. Yes, Mr. Donnie, thank your
29:29
honor at this matter, proceed to trial.
29:31
The evidence would have shown that between June 29th of 2024
29:37
and August 31st of 2024 in the City of Mentor, the defendant
29:41
had sexual intercourse with AJ on 2 separate occasions at his
29:45
residence. AJ was known to the defendant
29:47
because she was friends with the defendant's younger sister.
29:50
AJ had consumed alcohol on both occasions.
29:53
She was 14 or 15 years old at the time.
29:55
Her date of birth is 7/11 of 2009.
29:58
The defendant was 23 years old at the time.
30:00
His date of birth is June 15th of 2001 and he didn't know a JS
30:06
age. This conduct was not discovered
30:08
until February 2025 when a JS mother found text messages
30:12
between the defendant and AJ referencing the prior instances
30:16
of sexual conduct, which then began the police investigation.
30:21
Mr. Harper, were you able to hear what the prosecutor had to
30:23
say regarding what he believes the evidence in this case would
30:26
show if we did have a trial? Yes.
30:29
What, if anything, good to say about those facts as he
30:31
presented them? Are those facts true?
30:33
Did you do what he said? Yes.
30:36
Very well then regarding counts 2 and four, both charging with
30:39
unlawful sexual conduct with a minor, both felonies of the 4th
30:43
degree, what is your plea to each of those two counts?
30:46
Guilty. All right, that I have in front
30:49
of me a four page document called a written plea of guilty
30:52
and judgment entry, which sets forth and explains everything
30:54
I've just gone over with you. Before I can accept your plea, I
30:57
need to make sure you understand this document that you've signed
30:59
in here in open court. Now, my understanding is that
31:03
before I walked out here today, you had a chance to go over this
31:05
document with your lawyer. Is that correct?
31:07
Yes, Sir. Matthews, is that accurate?
31:09
Did you review this with Mr. Harper, read it to him, answer
31:11
his questions? Yes, Sir.
31:13
Did he indicate an understanding of it to you when you did that?
31:15
He did. Is that correct, Mr. Harper?
31:17
Yes. So you understand what this
31:18
document says? Yes.
31:20
Any questions for me about it? No.
31:23
Now, it also appears that you signed the document.
31:26
Did you in fact sign it? Yes.
31:28
You witnessed that, Mister Matthews.
31:30
Yes, you are. You too, Mr. Downey?
31:32
Yes, Sir. Honor and I signed it.
31:34
Very well. Then.
31:35
At this time, the court will accept the defendant's oral and
31:37
written plea of guilty. Let the record reflect the
31:39
defendant was here in open court with his lawyer advise the
31:41
violence constitutional rights made a knowing, intelligent and
31:44
voluntary waiver of all those rights.
31:47
Court also finds the defendant understands the nature of the
31:49
charges, the effect of the guilty pleas, as well as the
31:51
maximum penalty that can be imposed.
31:53
Finding all this to be knowing, intelligent and voluntary, the
31:55
court will accept the defendant's plea, find a
31:58
defendant guilty if counts 2 and four are unlawful sexual conduct
32:00
of the minor, each felonies of the 4th degree and each in
32:03
violation of Revised Code section 2907, Point O 4A.
32:09
Counts one and three will get dismissed at sentencing, but I'm
32:11
going to defer continue sentencing to another day.
32:14
I'm going to order a pre sentence report, investigation,
32:16
victim impact statement, Any other evaluations you're
32:19
requesting, Mr. Matthews? I'll continue bond at no, excuse
32:24
me, own reconnaissance with an order that you have no contact
32:27
with the victim or their family or residence.
32:30
So in all this means at this point, Mr. Harper, as far as
32:32
bond goes, I'm not changing your bond at all.
32:34
Continuing at what it was own reconnaissance.
32:39
First off, that means you have to appear at all future court
32:41
dates and the only other future court date we have is your
32:44
sentencing and that is going to be June 22nd at 2:00.
32:49
So you need to make sure you're here for that.
32:51
If you fail to appear for your sentencing hearing, that's a
32:55
separate felony that you can be prosecuted for separate and
32:58
apart from what you just plead guilty to.
32:59
You can get up to 18 months in in prison on that in addition to
33:04
whatever I would sentence you to.
33:05
So it's obviously important you show up at your sentencing.
33:07
You understand that? Yes, Sir.
33:09
Also, one of the conditions of your bond is that you don't use
33:12
any drugs. You have to submit urine screens
33:14
that they're requested. They have to be negative.
33:16
A positive screen will result in your bond being revoked and a
33:19
warrant being issued for your arrest.
33:20
You understand that? Yes, Sir.
33:22
Now the purpose of this these report or the report I've
33:25
ordered presents reported so I can learn more about you before
33:28
sentencing. The way the probation department
33:30
gets the information they need to prepare this report is
33:32
they're going to conduct an interview with you.
33:34
It's very important that when you meet with them that you're
33:36
open and honest with them because they're going to check
33:38
and verify everything and tell them.
33:40
And if they learn you're misleading them in some way,
33:42
whether it's flat out lying or even just minimizing something
33:46
or exaggerating something, they're going to let me know
33:47
that. And I would consider that
33:48
sentence. And you understand that also
33:51
this pre sentence report has to be completed if the if I'm in
33:55
order for me to be able to consider probation as an option
33:58
without a pre sentence report, the law doesn't want me to
34:02
consider probation and I have to send you to prison now in order
34:07
for a pre sentence report to be completed, that interview if you
34:09
has to take place. So it's important that you show
34:11
up on time when scheduled the probation department for that
34:13
interview, because if they can't interview you, then they can't
34:16
do a report. And as I said, without a report,
34:18
I can't consider probation. You understand that?
34:20
Yes, Sir, all. Right.
34:22
So what you're going to do now, you're going to leave here,
34:23
you're going to go right over the probation department, you're
34:25
going to show you where that is, You're going to fill out some
34:27
initial paperwork and get your date to come back for your
34:30
interview. So make sure you go over there
34:31
when you leave here now. All right, All right, Downing,
34:35
Anything else at this time? There you are.
34:36
Thank you, Mr. Matthews. No, you are.
34:38
Thank you. Thank you all.
34:39
Right morning everybody. TCF live on a Monday.
34:43
Good to have you all here. So this weekend we made some
34:47
upgrades here in the studio. If you were a channel member, if
34:50
you go to the community tab, I posted some behind the scenes
34:53
photos for channel members. But one of the things you'll
34:55
notice right now is the camera's a little tighter on me than it
34:58
used to be, so you get a better look at my ugly face.
35:02
Sorry about that. However, as a bonus, you get
35:06
much better close-ups of Ellie, like right now, on cue.
35:10
By the way, thank you, sweetheart.
35:12
So Long story short, everything is in an effort to bring better
35:15
content, more improved content, all that kind of stuff.
35:18
We always try to get just a little bit better here.
35:20
So that's what we're working on. With all that having been said,
35:23
let's move along. Oh no.
35:25
Before we move along, I forgot when we left each other on
35:28
Friday, we talked about how Mrs. TCF may have jury duty today.
35:33
So we weren't sure if we're going to be able to have a
35:34
morning show. She does not have jury duty this
35:38
morning. Thus we're here.
35:39
However, it is possible she'll have to go this afternoon and we
35:43
have to call it 10:15, my time to figure that out.
35:46
So we're going to run a little bit past the four hour mark
35:50
today and I'm going to call while I'm still on stream so I
35:55
can let you guys know whether or not we're going to be able to do
35:57
in the blind tonight because if she gets called in, we're not
35:59
going to be able to do in the blind.
36:01
So we will see how that goes. All right, now let's go here on
36:06
County Michigan. Judge Pearl.
36:09
In Michigan versus Kyle D Marx filed over 267451 at page time
36:14
of date set for arraignment. The defendant, Mr. Marks,
36:17
appears from the county jail. He's currently in the Zoom
36:21
application, represented by attorney Michelle Artsu, who
36:25
also appears via Zoom. The people are represented by
36:28
prosecuting attorney Timothy J Rakowski.
36:31
Miss, If have you received a copy of the information that's
36:33
been filed in this case? If you and your client had the
36:35
opportunity to review it and you waive the reading as well.
36:39
Yes, tell the above, Your Honor. All right.
36:42
Is there a plea agreement at this time?
36:44
There has been an an offer that's been extended, however at
36:47
this time after speaking to my client, he at this time wishes.
36:51
To. Reject the offer.
36:53
Very well, Mr. Rakowski, do you wish to place the offer on the
36:56
record at this point or you don't have to.
36:59
I I just know you've done so. Fast a few times.
37:02
Yes, Your Honor, we can do that. That screen Your Honor, the
37:10
offer that was emailed is that Mr. Marks could plead to the the
37:15
charge no contest assault, strangulation, habitual
37:19
offenders, third offense people agreed to dismiss the domestic
37:23
violence count. Defendant agrees to pay full
37:25
restitution and the parties have would would agree to stipulate
37:30
to a guideline range of 10 to 34.
37:34
All right. Miss Sib, is that your
37:36
understanding of the plea offer? Yes, it is, Your Honor.
37:39
And your client rejects that at this point, correct?
37:42
That is correct at this time. All right, Thank you.
37:45
As to both counts and the information alleging honor about
37:49
March 4, 2026, Caseville Township, Huron County,
37:52
Michigan, Count 1, assault by strangulation and domestic
37:56
violence Count 2. How does your client?
37:58
He stands for Mute your. Honor, I go to police will be
38:01
entered on behalf of the defendant.
38:03
You're. Going to have his pretrial
38:04
conference right now. Is this to be a jury trial or
38:06
events trials? Your Honor, this would be a jury
38:09
trial. How many days of trial do you
38:12
anticipate? Day and a half, Your honor.
38:15
This it I would agree. All right, You have a.
38:18
Suggestion regarding a date council I don't know how to
38:22
hand, Your Honor, I know he's incarcerated.
38:24
So. Right.
38:25
No priorities. This it.
38:27
Do you have an idea? If not, I just take a look and
38:31
he is incarcerated obviously. Right, so.
38:34
I, I, I mean I, it depends what the court has, I guess at this
38:37
time. How about July 6th?
38:42
Oh, for the final pre trial. Trial.
38:45
The July 6th, OK, yeah, that would be fine.
38:49
OK July 6th twenty 26th at 9:00 AM Trial date final pre trial
38:54
date just Hatch. June 15th.
38:57
Miss SIM, are you available June 15th?
39:00
I'm I'm not, I'm not in the morning, Your honor, I'm not
39:03
available that day. June 20. 2nd about June 22nd.
39:07
Yes, I am. All right, final pretrial June
39:09
22nd. Now that date will serve a a
39:12
multitude of things. One it is the plea cut off date.
39:16
If any plea is being perfected, it is being perfected.
39:19
No way to close the business that day serves a motion cut off
39:24
date to any motions need to be filed and heard on that.
39:27
Date. Finally, it also serves as a cut
39:30
off date for filing defense notices such as alibi or
39:33
insanity. Those are the that's the reason
39:36
for the June 22nd, June 25th, I'm sorry, June 25th day, June
39:42
22nd. It was 20.
39:43
Second, I'm sorry, June 2210 AM Mr. Burkowski of all the
39:48
witnesses? Been endorsed.
39:49
The best I can tell, but I just want to.
39:51
Double check, the court said. July 6th, right?
39:53
It's a Monday, so no motion day that day, no.
39:55
Motion. Day, as far as I know.
39:58
Yes, Your Honor, we've listed all the witnesses.
40:00
All right. Thank you, Miss.
40:02
I I would ask the court to give me a a couple weeks to to do
40:05
that. All right, 14 days for the
40:07
defense to present with this list.
40:10
Preliminary exam was waived. Either party intends to utilize
40:14
electronic equipment to set it up the morning before trial the
40:16
day before. Trial.
40:17
Or the morning of before the prospective panel arrives.
40:21
Proposed during instructions shall be filed with the clerk of
40:23
the court no later than 14 days from trial, as well as final
40:27
instructions in Word format. 2.1 forward for its e-mail address.
40:31
Mr. Murkowski, you anticipate a large number of exhibits.
40:34
No, I do not. Miss it?
40:36
No, Your Honor. All right, those can be marked
40:38
in the morning for trial. Anything else other than bond,
40:42
Mr. Rickowski? Yes, Your Honor, given that
40:45
there is no plea, the people would be filing the habitual
40:48
offender notice for fourth offense.
40:49
So no, all right, just save anything else to address other
40:54
than bonds. No, Your Honor, I just just, I
40:56
wanted to address bond quickly. Bond is set at 10,000 dollars.
41:01
10% has clearly not been posted. They sit in your position on
41:04
bond. I would ask the court to
41:06
consider a lower bond, possibly the amount of 5010%.
41:10
Mr. Marks doesn't have the funds to post any bond at this time or
41:13
or or at least the the current amount he may be able to post
41:17
the the 5010%. So I would ask for the court to
41:20
strongly consider that. And he'd also we would not
41:23
object to Agps toddler if that's if that would make the court
41:26
feel comfortable as well. Thank.
41:28
You. Mr. Rakowski, your position
41:29
about Carter, we believe that the Bob was appropriately set in
41:33
the District Court. This is the case that the
41:35
allegations are strangulation of the victim.
41:38
So that's a pretty significant type of an offence.
41:42
In looking at the defendant's criminal history, he has
41:45
multiple felony convictions for breaking and entering, for
41:51
stealing, retaining a financial transaction device, operating
41:54
while intoxicated, domestic violence, another operating
41:58
while intoxicated, operating while intoxicated, third
42:01
offense, resisting, obstructing of police officer.
42:04
So we believe that under those circumstances, the bond was
42:08
appropriately set, we'd ask to continue it.
42:11
Thank. You does siv any other comment?
42:14
Just for the court to consider the the dates of the those
42:17
offenses in regards to the the domestic violence, I believe
42:20
that was about 10 years ago. So I'd ask for the court to
42:23
consider that as well. Mr. Marx, who resided in the
42:26
county for a majority of his life, I believe and I don't
42:31
believe that. If he does pose.
42:33
To be a flight risk, again, we don't have any objection to Agps
42:36
tether or any other conditions the court may seem to feel that
42:39
is appropriate to ensure that he does show up for his next court
42:42
date. Very well, thank you.
42:44
Court has to consider MCR 6.1 O 6 regarding bond conditions.
42:48
Clearly this is not a life offense.
42:50
However, with potential habitual or there could be a life defense
42:54
#1 number. And he just turned off his feed
42:57
for no apparent reason, but okey, dokey, whatever.
43:01
Good morning once again, everybody, TCF live.
43:03
I was just going through my my feed of news and everything
43:08
else. And those of you who participate
43:10
in the private chat, the behind the scenes one, you'll know that
43:13
we have a look. Are we back?
43:18
I don't I don't see any issue pertaining necessarily to flight
43:21
risk. The danger to the public is
43:23
significant there there are prior felony convictions making
43:27
this additional better for some of them are assaulted in nature
43:30
and as a result there's a there's a safety interest to the
43:33
public in general and as as as a result of that court funds of
43:37
bond is appropriately set bond will continue over the objection
43:40
of the defense that'll be on. As I was saying before the judge
43:45
rudely interrupted me by by deciding to turn his feedback
43:48
on. Those of you who participate in
43:50
the private chat behind the scenes know that we have a
43:53
wildfire just a few miles away from the bunker right now and I
43:57
noticed in the chat it has in the started like Saturday.
44:01
It has grown to over 1000 acres now, so really growing.
44:06
We're about 3 1/2 miles away from it but not really in a
44:10
danger zone, but something to keep an eye on for us for sure.
44:13
Any who, let's go to the Florida Wade Mercer.
44:18
Good morning. Smith, you're here because
44:20
you've been accused of violating the terms of your county
44:21
probation, among other things. It's it's really financial plus
44:26
a new charge in Gadsden County. Mr. Smith, Mr. McDaniels made us
44:31
aware of some additional factors just a couple minutes ago once
44:34
he spoke with you. Mr. McDaniel, you've got no bond
44:38
right now, but Mr. McDaniel, you just want to work on this a
44:40
couple days and see if y'all can work something out.
44:43
We just probably want to go ahead and take care of it, Your
44:45
Honor. I mean, I, you know, I just
44:46
talked to him real quick like and we just want to get, I mean,
44:48
it is what it is. He's driving that, we're not
44:50
contesting it and we just. Want the?
44:52
Court to be. Aware that he did he has been
44:54
trying to do it he's did his anger management and you know
44:57
and he did turn himself in and he called Tim I think Mr. Ham
45:00
immediately when it happened and let Mr. Ham know about it.
45:03
So I think hopefully probations there can verify that we're.
45:06
Just going to go ahead and. Take care of it.
45:08
OK, So Mr. Smith, let me explain a couple things to you.
45:11
You have the. Right to violation of probation
45:13
hearing. If you exercise that right, then
45:15
we'll schedule a hearing. You'll have an attorney
45:17
appointed to represent you. You'll get the call and cross
45:19
examine the witnesses at that hearing.
45:21
However, if you admit that you violate your probation, you're
45:24
waving that right to the hearing.
45:25
You will not get the call and cross examine witnesses if you
45:28
enter admission. I'll listen to Mr. McDaniel,
45:30
I'll listen to you, I'll listen to the state and the probation
45:33
office, and I'll send it to you when I think it's appropriate.
45:36
The maximum penalty that you can be sentenced to is one year in
45:39
jail. That's the maximum.
45:41
I'm not saying I was sending you to that.
45:42
I think the offer this morning was six months.
45:44
But Mr. McDaniel thinks there may be some things that that
45:46
might can convince me to lower that, and there may or may not
45:49
be. I need you to understand you're
45:51
waiving those rights if you enter this admission of
45:53
violation of probation. Is that what you want to do?
45:56
Yes, Sir. All right, so I'm going to
45:57
accept your admission that you violate the terms of your
45:59
probation. I'm going to find that admission
46:01
is freely and voluntarily entered with the advice of
46:03
counsel. There are three allegations in
46:05
the violation probation affidavit. 2 are financial court
46:09
costs and fines and not paying constantly provision.
46:13
The third one is the new charge in Chattahoochee.
46:16
Back on March 26th, I looked at your driving record.
46:19
You have multiple suspensions on your driving record and then
46:23
your criminal history overall is not good.
46:26
And those were factors I considered when I made the
46:28
tentative offer this morning. But I'm glad to listen.
46:31
Anything you or Mr. McDaniel or Mr. Mitchell want to tell me,
46:34
Mr. McDaniel, who who don't me hear from first.
46:37
I'll just you, I can go ahead And I just your honor that, you
46:40
know, obviously, you know, I'm we're not contesting that he was
46:43
driving. He was driving.
46:44
He violated probation and with the new charge and we just let
46:48
the court be aware of that. You know he has.
46:51
You know he. Obviously, I know he has a long
46:52
term history, but he is trying to do things better.
46:55
He's trying to undergrad ways to get his license and trying to
46:58
figure out money ways. And he also is, you know, went
47:01
above and you know, I didn't think he would do this.
47:03
He went and took the anger management classes and you know,
47:06
he hasn't had the money to pay fines off, but he has been
47:09
attempting to do things correctly the best he can, but
47:13
it. You know, so we're.
47:14
Just going to want the court to be aware of that.
47:15
And when he found about the warrant, he's going to turn
47:17
himself in. Yes, Sir.
47:18
Thank you for telling me all of that.
47:20
Are you working or were you working before you got arrested,
47:22
Mr. Smith? Yeah.
47:23
Well, my thing is, since I've lost my license, you know, I was
47:25
working at Capital Asphalt when I got out of the fence last
47:28
time. I've been almost five years out
47:29
of prison this time, You know, I've never been out more than a
47:32
year ever. And I got hit by a minivan on
47:34
Hwy. 20 walking at 40 miles an hour and completely taken out of
47:38
the game with two weeks later. You know the Percocet and the
47:40
drinking, you know and then. I called it DUI.
47:43
And I've just not been able. To get back on my.
47:44
Thesis then, and being stuck in Cottondale, there's no work and
47:48
there's just no way for me to get around.
47:49
So my mom gave me this 2019 Ford Explorer Limited and you know,
47:53
you know me, Mr. Control Freak. Just as soon as I get a way to
47:57
do it myself. I give up.
47:58
Surrendering everything to God now and I grabbed steering wheel
48:01
and go and it was a mistake. But I called Mr. Ham the
48:04
following Monday and let him know exactly what was going on.
48:06
They let me go. They heard my story and
48:08
understood and I continue to do my anger management until the
48:11
completion of the anger management classes even though I
48:13
knew I was going to violate what the DWLSR.
48:16
But I just want you to know I appreciate everything from.
48:19
The court, and I'm sorry about. Wasting any of your time or
48:21
resources. Thank you Sir, Thank you very
48:24
much. I'm looking at the DOC website.
48:26
You went to prison twice, but you haven't been.
48:30
You got out in 2020, correct? Six years ago, Sir, Almost six
48:33
years ago. I went back to a small federal
48:36
violation technical after that, but it was nothing just to clean
48:39
up my fed case. Did you go?
48:41
You went to Federal Bureau? Prison, then.
48:44
Yeah, in between the big chart, in between those two convictions
48:49
of the state, I did 10 years in the feds.
48:51
Yeah. All right, let me see if the
48:54
state of the probation office has anything else, Mr. Mitchell,
48:57
Anything. I don't have anything at this
48:59
time, Your Honor. Mr. Goodson.
49:01
Oh, so he did check in. According to Mr. Ham's notes, he
49:04
did call. He's only paid $10 towards his
49:08
court call since he got put on probation.
49:11
So it was original 7/22. He has a fine arrears of 7/12.
49:15
What about how many days credit does he have, Mr. McDaniel?
49:19
10 days. Mr. Smith what I'm going to do
49:21
is I was not aware to Mr. McDaniel made us aware by text
49:25
of you turning yourself in. I was also not aware of you
49:27
doing some of the anger management or all of the anger
49:29
management classes. In light of that, what I'm going
49:32
to do is I'm going to send you to four months in the Jackson
49:34
County Jail, give you credit for the 10 days you serve, order
49:37
court costs and fines that you have remaining 712.
49:42
Mr. Smith, there's no probation to follow.
49:44
You finish this four months and it's actually it's less than
49:46
four months because your credit. Also, you very well may get in
49:49
the trustee program. I've encourage you to do that,
49:51
Mr. Smith. Check that program out at the
49:52
jail and get you some extra game time.
49:55
Put this all behind you and move on with your life.
49:57
Mr. Smith, I do wish you the best.
49:59
Do you have any questions? No, Sir.
50:01
Thank you, Judler. Have a good day, Sir.
50:02
I wish you the best. How much credit does he have?
50:05
10 days. 10 days. Yes, we have state versus
50:10
Michael Eubanks. Eubanks, good morning.
50:19
You're here for first appearance charged possession of
50:20
methamphetamine and resisting an officer without violence.
50:23
Mr. Eubanks, we have, I know they're twins.
50:27
Was it this Eubanks we had last week?
50:30
It was Nicholas that we had. It was Nicholas we had last
50:32
week. OK.
50:32
So Mr. Eubanks, there is probable cause for these two
50:35
charges And Mr. Eubanks, let me check, does Miss, does this Mr.
50:39
Eubanks have any charges pending?
50:40
He's on APTI in case number 25413 CF.
50:45
What charge? I think it was petty theft and
50:49
Dylan and stolen property. Anything else from the state?
50:54
Correction, it was Grand Theft and petty theft.
50:57
Other than that, no, your honor, he was just put on last week,
51:00
4/21. And Mr. McDaniel, anything from
51:05
on behalf of Mr. Ebanks? No, Your Honor, I that's all
51:09
accurate what the state said. Was there a condition of random
51:12
analysis on the PTI? Let me.
51:15
See. I'm trying to find it to see the
51:20
PTI accepted this letter but I'm not well.
51:24
I showed this Mr. Eubanks being in court last month.
51:28
Yeah, 420. One and is sentenced to 48 days
51:30
time service. We just got out of jail.
51:32
Mr. Eubanks, I'm going to set your bond at $7500 on the
51:35
methamphetamine at $3500 on the resisting your total bonds
51:38
$11,000. Mr. Eubanks, your bond has a
51:41
condition of random urinalysis. Well, the State Attorney's
51:44
Office typically doesn't ask that bonds be considered open if
51:47
once you sign that PTI paperwork so they can, they can kick you
51:51
out of the PTI program. They very well may, but they're
51:53
not going to ask to revoke your bond for their policy.
51:57
So I'm not going to vote that bond, even though technically
51:59
you probably have a pending charge.
52:01
That's that's the State Attorney's Office option.
52:03
So you've got a bond of $11,000 cash or surety.
52:07
The jails will give you a notice for your court date, which will
52:09
be. June 2nd I think and.
52:13
You're on June 2nd at 8:30. Mr. Mitchell, your.
52:16
Honor, his deferred prosecution agreement did also have a
52:20
condition of random UA, so we would request that he be drug
52:24
tested. Thank you.
52:25
So Officer Whitaker, soon if we can get a urinalysis after first
52:28
appearance since that is a condition of his PTI.
52:31
And Mr. Eubanks, do you have any questions?
52:34
No, Sir. Any questions?
52:36
Yes, Sir. Have a good day, Sir.
52:40
And we have Ray Wilson see Mr. Wilson signing something so I
52:44
will wait till he gets through. Mr. Wilson, we I saw you this
52:48
weekend on that Tuesday one from Thomas County and I told you I
52:51
wanted you to talk to an attorney before you made a
52:52
decision. Looks like you just signed a
52:54
waiver of extradition. Do you have any questions about
52:57
that waiver of extradition process?
52:59
No, Sir. Mr. Wilson, I have 30 days to
53:02
pick you up. We review the cases in 15 days
53:05
just to try to keep a track on them.
53:07
If you're still here in 15 days, I'll see you and I'll ask the
53:10
jail where the where we stand on transport.
53:12
There's a good chance you won't be here.
53:13
Then there's a good chance you'll already be back dealing
53:16
with this charges in Thomas County, Georgia because I
53:17
believe that's just is that Thomasville?
53:20
Yes, Sir, it is. It's right over the, it's right
53:21
over the state line. So there's a good chance I won't
53:24
see you. But if you're here in 15 days,
53:25
we'll see what's going on with the transport.
53:27
Any questions? No, Sir all.
53:29
Right, Sir. I wish you the best.
53:32
I believe that's it for first appearances.
53:33
Everybody else from the weekend was felonies, it appears.
53:38
Mr. McDaniel. Anything else from the public
53:40
dinner's office? No, Your Honor.
53:42
Thank you, Sir. Mr. Mitchell, Anything from the
53:44
state? Nothing from the state, Your
53:45
Honor. Officer Whitakers and anything
53:47
else from the jail. Williams.
53:54
All right, sounds like he's done real quick.
53:56
Just in the chat. Now we're talking about fire,
53:58
which is fine, but Grandma TCF just put as of the latest
54:02
update, the fire is still 0% contained.
54:06
Misses TCF. And I did a little bit of
54:08
digging and learning and researching this weekend.
54:11
And that that statistic when you hear percent contained isn't
54:15
necessarily what you think it means.
54:18
Long story short, they won't say that a fire is a certain
54:23
percentage contained until the person in charge of the team is
54:28
confident that that line will hold.
54:32
So it's not that it's like completely out of control, it's
54:36
that they're not at a point where they can say, yes, what
54:40
we've done will absolutely contain it to this percentage.
54:44
So just something to bear in mind because they throw that a
54:47
lot around a lot on the news, whether it's this fire or any
54:51
other. And it sounds more sensational,
54:53
I think than it really is. So I just thought I would share
54:57
that. Anywho, Texas, let's say good
55:01
morning to Judge W the Monday fashion show.
55:04
Good morning, ma'am. Did you get a lawyer?
55:05
Hired. No ma'am, but I actually talked
55:07
to three of. Them and I have a.
55:08
Consultation today at 1:30. Mr. Joseph, I've talked to Miss
55:11
Brittany and Miss Raycam. And who is it with today?
55:16
Mr. Joseph. His last name is Donald Lil.
55:19
I'm not pronounced with. OK, so are you, do you think
55:22
you're going to be able to get one of them hired if I give you
55:24
one more reset? All right, so I'm going to reset
55:27
it one more time. You need to try to get one of
55:29
them hired. If for some reason it's not
55:30
going to work out with them, make sure you visit with at
55:32
least three others. Bring me those names, and then
55:34
we'll discuss your options. Thank you for doing that step in
55:37
front of the clerk. Little Vester Hayson.
55:41
Good morning. You're La Vester Hayson.
55:44
And Mr. Hayson, did you get a lawyer hired who should talk to?
55:50
Just tell me. I don't know any.
55:52
Bones or what's just going to Jennings or Macon?
55:57
This one, the Kurds, the categories.
56:02
And so where are you going to be able to get somebody hired?
56:07
Are you working? Yes, ma'am, Assist.
56:10
I'm sorry. Assistant assistant, I can let
56:13
myself in like do, plan work. OK.
56:16
All right. So you're going to be able to
56:18
get one of those lawyers hired. But the point wasn't to just
56:22
talk to lawyers. The point is to hire somebody,
56:26
right? So that's my question is that
56:29
you think you're going to hire one of those that you already
56:31
talked to. OK, So I'm going to reset you
56:33
one more time to get someone hired.
56:35
Make sure you either get one of them or someone else hired.
56:37
If for some reason you can't, as you can tell from talking to
56:41
them, it they all church different amounts of payment
56:43
plans. So find somebody and get them
56:45
hired before that next court date.
56:47
OK. Up in front of the clerk.
56:50
Crystal Robinson. Good morning, ma'am.
56:52
Are you Crystal Robinson? And Miss Robinson, did you get a
56:55
job? We're all.
56:57
Have you looked? Several different places I will
57:01
done things for an applied to use.
57:03
I have a disabled son but like as long as.
57:08
Right. And and I can see that you have
57:10
a list there. Miss Robinson, thank you for
57:12
doing what I asked you to do. I'm going to have you fill out
57:14
some paperwork this morning to see if you qualify for court
57:17
appointed lawyer. You need to fill it out
57:19
accurately and completely because you're going to.
57:22
Oh that it's all true and correct.
57:23
OK, right. Step in front of the ma'am.
57:26
Did you want me to talk to AS? Well, say it again.
57:28
You told me to talk to Lawrence. Well, no, I appreciate that you
57:32
did that also. But and the main thing obviously
57:34
was to try to get a job 1st and it looks like you tried to do
57:37
that. Yes, ma'am pages.
57:38
So I appreciate that. Step in front of the clerk on
57:40
the end and she'll give you your paperwork to fill out.
57:44
Yes, ma'am. Simranjeet Singh.
57:47
Good morning. Are you Simranjeet Singh and Mr.
57:50
Singh? Were you able to get a lawyer
57:51
hired? Who'd you talk to?
57:53
I. Talk to all the Knowles, the
57:55
Franklin and the Cranford. See, I can't understand you
57:58
speak loudly. I have one is Eric Franklin and
58:03
Naturan Knowles and 1 is. OK.
58:08
And so where are you on the? Like out of my budget.
58:11
Are you working? Yes, OK.
58:13
Where are you working? I'm working at a gas station in
58:15
Port Author. In Port Author, OK And do you
58:20
work full time? Yes.
58:21
All right, I'll have you fill out some paperwork this morning.
58:24
You may or may not qualify. You might just need to talk to
58:26
some more attorneys. But I'll let you at least fill
58:28
it out and I'll take a look at it.
58:30
Step in front of the clerk on the end.
58:31
She'll give you that paperwork. Tiffany Elaire.
58:34
Good morning, ma'am. You're Tiffany Elaire and Miss
58:36
Ealer. Did you get a lawyer hired?
58:37
No. I'm.
58:38
Supposed. To be paying the situation OK.
58:43
Yes. So.
58:45
I'm sorry, that's. OK.
58:47
So how she's on the initial or designation, we have a, I've
58:51
talked to the prosecutor about being able to pay restitution
58:54
for dismissal. She has the money today, but I
58:57
think she probably needs to get a cashier's check instead of
58:59
cash. Oh, OK.
59:00
And so. Let me just you want to.
59:03
We can hold that. Yeah, I'll hold it.
59:04
And you can talk with Mr. Smith when he gets down here.
59:06
Just say, Mr. Parker, I'll tell you what you need to do.
59:08
OK. Thank you, ma'am.
59:10
Thanks, Mr. Parker. Barbara, thank you for the $5.
59:13
Ellie thanks you. We will of course add that to
59:16
the Trito Fund. So again, thank you.
59:18
It's an initial. Yeah, it's an initial.
59:21
All right, we'll swing back to Judge West in a little while.
59:24
Let's go back up to Michigan. Judge Pearl, new contestant. 26
59:29
74 O 8 FH Time of day Sexual sentencing.
59:32
Miss Clark is present, represented by attorney Dallas L
59:35
Rooney. People are represented by
59:37
prosecuting attorney Timothy J Werkowski.
59:40
Back on March 9th of this year, the defendant entered a no
59:42
contest plea to embezzlement $50,000 to $100,000.
59:48
Miss Karen Everlands prepares a preset report dated April 20th
59:51
of this year. Mr. Rooney, if you and your
59:53
client had the opportunity to review the preset report, are
59:57
there any additions, deletions, corrections or objections?
1:00:00
None of the. Report and none.
1:00:03
To. Thank you, Miss Clark.
1:00:04
Do you agree with that, Mister Rykowski?
1:00:07
Any objection to the record as well as that?
1:00:09
No, Your Honor, the other. Question.
1:00:13
Mr. Rooney, anything you'd like to say?
1:00:15
May I ask your client before the court of Yes, Your Honor, my
1:00:18
clients 49 years old, virtually no criminal history.
1:00:23
She had DV deferral 23 years ago, trespassing 15.
1:00:27
Years. Ago Owen raised, lived her whole
1:00:29
life here in the Thumb, graduated from Akron Fairgrove.
1:00:33
She worked for the ambulance board for 17 years.
1:00:37
As far as the embezzlement itself goes, I think she played
1:00:42
no contest, but the narrative I think speaks for itself and lays
1:00:46
out what happened. I would point out too that she
1:00:49
was totally forthcoming with law enforcement when the detective
1:00:53
interviewer committed what had happened.
1:00:56
So. Once they asked her, she was
1:00:59
willing to say she did. What happened with?
1:01:02
Regard to the. Recommendation.
1:01:05
We're asking. You to adopt it.
1:01:06
It did circulate some. Medical.
1:01:09
Reports. That incurred.
1:01:12
Health, one of which was important in aid colleges.
1:01:17
Incidentally, one report is from the Doctor Who had some kind of
1:01:21
contract with our jail, coincidentally, according to
1:01:26
that doctor's office, that we believe that incarceration would
1:01:32
impact your treatment plan and jeopardize your safety
1:01:36
well-being based on some kind of.
1:01:39
Rare. So we would respectfully request
1:01:45
hold confinement or something along those lines.
1:01:49
Being tethered. So that she can continue to do
1:01:52
these. Medical appointments and
1:01:54
treatments that have been periodic.
1:01:57
As far as her addressing the court, I think she will.
1:01:59
Address you. Briefly, but due to the.
1:02:02
Contest. She's really backs and
1:02:03
circumstances. Thank you Parker.
1:02:06
Apparently you wish to address the court.
1:02:07
You may just. Want to say I'm?
1:02:10
Really sorry. Terrible judgment.
1:02:12
I mean how? Do you plan to rectify what
1:02:15
appears to be $146,000? Thank you, Mr. Kowski, anything
1:02:21
on behalf of the people? This is a victims rights case as
1:02:24
well, Mr. Honor. We're looking at the guidelines,
1:02:26
guidelines of 12 to 24. The recommendation for
1:02:29
incarceration time is 320 days, which is below that.
1:02:33
And I don't believe there's any circumstances that justify A
1:02:37
departure downward. I would point out, as the court
1:02:40
mentioned, it's $146,000 that the taxpayers received when
1:02:44
Seawood Township area are out. You know, it just seems like I,
1:02:49
and I know the court has to fashion a sentence and you're
1:02:54
asked by Mr. Rooney to do home confinement because of the
1:02:58
health concerns. I totally understand that.
1:03:00
However, you know people that are out in the community see
1:03:03
that 146,000 is missing from their their Township, the city.
1:03:13
But we could find it just doesn't seem to be enough.
1:03:14
Your Honor, I would ask the court to fashion a fair and just
1:03:19
sentence, understanding that, you know, there are other people
1:03:22
that watch what happens and say, OK, well, you took 100 and. 40.
1:03:24
6000 and this. Is what your sentence is, so
1:03:26
they'd. Be looking at that part of it, I
1:03:28
believe it's deterrence is probably the biggest part in
1:03:31
this case, your honor. So we would ask you to fashion a
1:03:33
fair and just sentence with that in mind.
1:03:39
Trusted public officials working for an entity that is vital to
1:03:44
the community. We are fortunate to have an
1:03:47
ambulance service services across our county that if it's
1:03:53
we have individuals that go out there.
1:03:55
Do the work. Don't receive a ton of pay.
1:03:59
Some are volunteers and the whole idea is to protect our
1:04:03
community in the event that we need someone called and seabling
1:04:09
Township, which covers the village of Sea Link as well.
1:04:14
We don't have an ambulance service.
1:04:17
We're not helping our our residents and this entity needs
1:04:22
to be properly funded and to be properly funded we take tax
1:04:27
dollars hard working Americans, hard working people in the area
1:04:32
in the village in the Township of Sea Point that have to pay
1:04:36
that bill for public service and to see someone over the course
1:04:41
of a few years basically take away $146,000.
1:04:49
It's unheard of it it's truly unheard of.
1:04:51
This kind of reminds me of case a number of years ago that
1:04:56
actually I, I was assigned on an appeal and I think this had
1:05:00
should probably know the case. But the lady that was on the
1:05:04
West side of the county, I can't think of her name, but Judge
1:05:07
Canova sentenced her to a significant amount of time and I
1:05:12
was assigned an appeal for her. And I, I, I'm not going to
1:05:15
mention the name, but the dollar figures for this roof just like
1:05:19
this one. She eventually went to prison.
1:05:21
She not eventually she went to prison.
1:05:23
And the guideline range here is 12 to 24 months.
1:05:27
And the court has reviewed the medical information and it
1:05:30
appears that there is a potential issue.
1:05:33
But then the court can say, you know what, we're not going to
1:05:35
put it on the county dime. We'll just send you to prison,
1:05:38
let the state pay for it, but we still pay for that as well.
1:05:42
It's a no win situation. For the county.
1:05:44
It's a no win situation for the Township.
1:05:47
It's a no win situation for the defendant, other than I don't
1:05:53
know the reason or the understanding here of, of taking
1:05:57
this money. But it wasn't yours.
1:06:00
It wasn't yours. And we as public officials,
1:06:04
whether it be the prosecutor's office, Department of
1:06:07
Corrections, the Sheriff's Office, the court were entrusted
1:06:11
with these dollars. And we made sure that they're
1:06:16
not wasted, pilfered, thrown away, embezzled here.
1:06:20
They were embezzled to the tune of $146,000.
1:06:24
And as an individual living in the Township or living in the
1:06:28
village, it puts a pit in your stomach.
1:06:30
Like how in the world can that happen?
1:06:33
But it did, and it needs to be addressed.
1:06:37
I don't know what an appropriate sense would be at the end of the
1:06:39
day for this because I know what an appropriate sense would be
1:06:42
under normal circumstances. Punishment, deterrence,
1:06:46
rehabilitation, all those factors play into it.
1:06:49
But just taking all that money and running with it for whatever
1:06:54
reason has to be addressed and it has to send a message.
1:07:00
Guideline range as stated is 12 to 24 months, which means that
1:07:03
the court could sentence to prison, The court could impose
1:07:08
county jail time, but at a minimum of 12 months.
1:07:12
And the court has steadfast tried its very best to stay
1:07:16
within the guideline range to provide consistency.
1:07:19
And the reason for that is it doesn't matter whether you come
1:07:22
in as some bright and shining star or you come in as a regular
1:07:27
individual or someone who is below regular individual, You
1:07:30
treat the people the same. You have to because that's what
1:07:34
the court is all about. We're blind.
1:07:36
Blind lady. Lady Justice is blind for a
1:07:38
reason. Blindfolded.
1:07:39
I should stay. Because it doesn't matter who
1:07:42
you are or where you come from, this is a lot of money to pay
1:07:45
back. And I appreciate the comments of
1:07:47
the defendant indicating that some way, somehow she's going to
1:07:50
have to pay it back. I don't know how you're going to
1:07:53
do that, but it's got to be paid back, simple as that.
1:07:58
As a result, the court is going to order in this case, Defend,
1:08:01
to be placed on a term of probation for five years, not
1:08:04
three years, five years. The reason behind the maximum
1:08:08
amount of probation here is to ensure that some sort of method
1:08:13
can be come upon that is going to take care or at least get
1:08:16
this restitution figure down. Conditions of probation include
1:08:20
the standard conditions not to violate any criminal unit of
1:08:23
government not to leave the state of Michigan without prior
1:08:26
approval. The court notifying the
1:08:28
probation agent at least monthly or such times and places the
1:08:31
agent may require Court will also order that thinking matters
1:08:34
program to be completed. We were to waive confidentiality
1:08:38
to allow me treatment programs are required to attend and
1:08:40
disclose that information to the agent.
1:08:43
No assaults of abusive, threatening or intimidating
1:08:45
behavior. No written, verbal, electronic
1:08:48
or physical contact. Anyone housed within an MDOC
1:08:52
facility without permission to the agent.
1:08:55
Likewise, no community. Likewise, communication with
1:08:57
anyone that's engaging in behavior that constitutes a
1:09:00
violation of any criminal law government.
1:09:04
She's not using the object as a weapon or own use or have under
1:09:07
control a weapon of any type. Can't even possess an invitation
1:09:10
weapon. Can't be around anyone that
1:09:12
possesses those items. She's contacting Supervising
1:09:14
Field Agent no later than the first business day following her
1:09:17
placement on probation or release from jail.
1:09:20
Comply with all written verbal orders of Field Agent.
1:09:23
Allow the agent to your residence at any time of
1:09:25
probation. Supervision where you're subject
1:09:27
to a search of your personal property, believe it or not
1:09:30
limited to your home, vehicle or computer without the need of a
1:09:33
warrant. If the agent is reasonable.
1:09:35
Positive items that violate the terms of your probation.
1:09:37
Any arrested police contact, loss of employment or change of
1:09:40
residence must be reported to probation within 24 hours.
1:09:44
You must not work in a position where you have direct control or
1:09:47
access to another person's money.
1:09:49
You are to make genuine efforts best you can to find and
1:09:52
maintain legitimate employment. Minimum of 30 hours per week
1:09:55
unless engaged in alternative programs approved by the
1:09:58
department. Corrections and you and all the
1:10:03
rules that follow along with that.
1:10:05
Restitution, $146,000. I'm sorry, $146,007.31 It's
1:10:14
payable to Sewing Township. You would execute a wage
1:10:17
assignment and pay that restitution if you are employed
1:10:20
in this two regularly scheduled payments.
1:10:22
Private victims. Assessment.
1:10:23
Of $130.00 Probation supervision fee $30.00 per month.
1:10:27
Regular 60 electronic court waving attorney fee.
1:10:31
DNA testing is $60.00. State cost is $68.
1:10:36
Probation is authorized and empowered under statute to
1:10:38
affect your apprehension, attention and refinement of up
1:10:40
to 72 hours. Unreasonable cause You violate
1:10:43
terms and conditions of your probation if referred to.
1:10:47
Most successfully complete any PA 511 programming based upon
1:10:50
eligibility. Finally, you shall serve 365
1:10:54
days in the county jail. That's pursuant to the
1:10:55
guidelines with no day's credit. All the court is going to do
1:11:00
that is as follows. It sounds like there are medical
1:11:02
issues and medical points that will be done during the week.
1:11:06
She is to report to the jail Friday at 6:00.
1:11:10
Serve weekends be released Monday morning at 6:00 AM during
1:11:15
the week. She's befitted with an
1:11:17
electronic tether that allows home arrest only.
1:11:21
She's not going to be going anywhere except medical
1:11:24
appointments or what partner deeds is appropriate in the
1:11:26
event and no disrespect, health gets better, which we hope it
1:11:30
does. Then the tether is gone.
1:11:32
You're going to serve your time in the jail.
1:11:33
The point here is the court is balancing the medical condition
1:11:40
with the nature of the crime. This is a serious crime and it's
1:11:44
not easy to fashion a sentence when you have an individual with
1:11:47
these medical issues because, you know, I hate to say, but it
1:11:51
comes down to dollars and cents as well.
1:11:53
For instance, if we place her in the county jail or even send her
1:11:57
to prison and these medical conditions need to be addressed,
1:12:02
either the county or the state is on the dime to pay for that.
1:12:05
We've already lost enough money. We don't need to lose any more
1:12:08
money. And I again, yes, it comes down
1:12:11
to dollars and cents at the time, but your freedom is going
1:12:14
to be impacted in a very significant way.
1:12:17
You're going to get a taste of the county jail as well.
1:12:20
There are no doctor appointments normally over the weekends.
1:12:23
So that is the sentence of the support.
1:12:25
I do need to inform you if you'd.
1:12:26
Like to seek me to. Appeal if you're financially
1:12:29
enabled to provide counsel of your own choice, Court will
1:12:31
provide counsel for you at public expense.
1:12:34
Please initially receipt questionnaire form requesting
1:12:37
the assignment of council, both of which ones to be executed
1:12:39
underoath and filed with the court of the court of the 42
1:12:42
days. Also, that 42 day time period
1:12:45
can also be filed with Max as well.
1:12:50
All right, I apologize. Question. #9 mental search.
1:12:56
Yes, thank you. Record shall reflect your
1:13:00
intended is that doable to county jail.
1:13:02
Bad. New.
1:13:05
You said Friday at. 66 AM or 6:00 PM.
1:13:07
Six PMPM. 6:00 PM. Question for the Court of
1:13:11
Restitution, could the court have that due in three years?
1:13:14
And then if it's not due, at least we have the review to come
1:13:16
back to see where we're at on things?
1:13:17
That's a good idea. I'm going to order that as well.
1:13:20
So three years from now, we'll see where we're at.
1:13:34
So Judge does raise a good point there.
1:13:36
You know, Austin just said in the chat she ripped off the city
1:13:40
and gets weekend jail and five year probation.
1:13:43
Yeah, but in the same respect, he's got a good point about the
1:13:48
money end of things. If she's got these health issues
1:13:51
that have to be dealt with, then he puts her away for a
1:13:55
significant amount of time, then the taxpayers are going to end
1:13:57
up footing the bill for that healthcare.
1:13:59
So it's one of these things we got to weigh it out.
1:14:03
Not a good, not a good situation all around though, and obviously
1:14:07
not a good person. So there's that.
1:14:09
Let's go to Ted a little bit S, but stay in Michigan, Judge De
1:14:15
Santo. Detective, if you can, please
1:14:18
state your name for the record, Sergeant.
1:14:21
Devin Geiger, Why not Police Department?
1:14:23
All right. Thank you.
1:14:24
And please raise your right hand.
1:14:25
You saw me swear or firm the testimony about Skip, and this
1:14:28
is going to be the truth, the whole truth and nothing but the
1:14:30
truth. I do.
1:14:31
All right, thank you. All right.
1:14:34
And so if that's a view, may proceed.
1:14:37
On May 1st, 2026, approximately 1257 Officer Guzman on patrol
1:14:41
fully marked Unit 7 Four traveling southbound 4th Street
1:14:44
near Pine St. Vehicle is fully marked with
1:14:46
wine dot decals and lettering and she's also in a police
1:14:51
uniform with Insignia and patch. While on.
1:14:53
Patrol She noticed a whiteboard fusion merged from lane 3 into
1:14:57
lane 2 without using a turn signal.
1:15:00
She also. Noted that the.
1:15:02
License plate cover on the vehicle made the plane
1:15:04
ineligible to read through these circumstances.
1:15:08
She attempted to make a traffic stop with emergency lights on.
1:15:13
The vehicle continued to travel, not pulling over or getting into
1:15:15
the right lane. Continued to go to the speed
1:15:17
limit. At this point, Officer.
1:15:19
Guzman, radial dispatch of the vehicle.
1:15:21
Appeared to be. Doing a slow stop or slow roll
1:15:24
as they're still traveling southbound approaching Leroy.
1:15:28
The people continue to travel southbound on Forestry
1:15:30
approaching Quarry Rd. when you notice the fusion to accelerate
1:15:32
to speeds of 60 mph despite being in a 45 mile per tone.
1:15:37
Was at this time that Officer Guzman recognized that the
1:15:41
vehicle was attempting at a looter and then activated her
1:15:44
her sirens as well. The vehicle.
1:15:47
Continues southbound 4th St. until it would turn on the
1:15:52
westbound on the Pennsylvania Rd.
1:15:54
Completely disregarding the red signals by heavy traffic.
1:15:57
The Fusion continued to travel westbound.
1:15:59
Pennsylvania Rd. Reaches speeds except of 77 mph.
1:16:03
The. Fusion then turned northbound on
1:16:04
McCann Street from westbound Pennsylvania, reaching top speed
1:16:07
of 60 mph in a 25 mile per hour zone while passing both
1:16:11
elementary school and Southgate High School.
1:16:14
The vehicle continued to drive recklessly throughout the
1:16:16
pursuit. It's regarding all traffic
1:16:17
control devices going off road and driving.
1:16:21
High rates of speed chase eventually led to 16500 Quarry
1:16:25
Rd. which is the South Gate Apartments.
1:16:28
It was at that point the vehicle is reported to purposely crashed
1:16:30
into the lobby doors of the building where the occupant
1:16:34
exited the vehicle and fled on foot.
1:16:35
Immediately after. After crashing into the the
1:16:39
building, officers gave pursuit. At this point, Sergeant Gordacki
1:16:45
was who was also involved in a chase, began running after the
1:16:48
suspect and announced or gave orders for the suspect to stop.
1:16:55
The verbal commands were disregarded.
1:16:57
Sergeant Gordacki then deployed his Taser, which partially
1:17:01
helped stop the suspect. He had to be tackled.
1:17:04
To the ground. At this point, he actively
1:17:07
resisted, struggled with the officers, but Officer Guzman
1:17:10
also had to deploy her Taser at some point.
1:17:14
Officer Gardaki was actually struck with a Taser probe during
1:17:17
this process. During the struggle.
1:17:21
At this point, the defendant, identified as Donovan Joseph
1:17:28
Martin, was taken into custody, handcuffed, and then arrested.
1:17:32
And. He does have a expired license,
1:17:36
your Honor, and that's it. OK.
1:17:39
Upon examination and complaining witness, the court does find
1:17:43
that the offense charge were committed and that there's
1:17:45
probable cause believe defendant committed those offenses.
1:17:48
And Council, your appearance please.
1:17:52
Good morning, Your honor, Attorney Corey Westmoreland,
1:17:54
pairing on behalf of Mr. Donovan Martin.
1:17:56
Mr. Martin, your name for the record, please.
1:17:59
Martin. OK, Council, as to arraignment.
1:18:04
Yes, Your Honor, at this time we are.
1:18:05
Prepared to waive. A formal reading and my client
1:18:07
stands mute. All right, the court will waive
1:18:09
the formal reading. Sir, do you have the right to
1:18:11
have an attorney? If you are unable to afford 1,
1:18:14
you may have one appointed to represent you.
1:18:16
And you did in fact, have an opportunity to speak to an
1:18:18
attorney today, is that correct? Yes, ma'am.
1:18:22
All right. The court has also signed the
1:18:26
petition in order for appointed attorney for felony matters.
1:18:29
And Sir, you have the right to be presumed innocent until
1:18:32
proven guilty beyond a reasonable doubt.
1:18:34
You have the right to have a trial by a judge or by a jury.
1:18:36
You also have the right to remain silent.
1:18:38
Anything to say orally or in writing may be against you in
1:18:41
court. Do you understand those rights,
1:18:42
Sir? Yes, ma'am.
1:18:44
The court's going to enter a plea of not guilty on your
1:18:46
behalf. We will schedule this matter for
1:18:48
probable cause conference on May 14th at 10:45 AM.
1:18:54
And counsel as to bond. Yes, Your Honor, I would like
1:18:58
you to know that Mister Martin's currently residing in Southgate.
1:19:01
He's not currently on probation or parole.
1:19:03
He has no other pending matters that we're aware of.
1:19:06
And after speaking with Mr. Martin at length this morning,
1:19:08
he did assure me he would be appearing at all future court
1:19:10
dates and he does understand the importance of doing so.
1:19:14
I would just ask that all that taken into account.
1:19:16
All right. So, Mr. Martin, where do you
1:19:19
work? I'm not working at the moment.
1:19:22
When's the last time you were employed, Sir?
1:19:23
About. A month and a half ago.
1:19:27
And from where were you employed?
1:19:29
I was at, I was a server at Ogas Kitchen, Lynn Village.
1:19:33
I had another job lined up, then all of this happened.
1:19:36
So I haven't been able to call or do anything.
1:19:39
But when did you have the job lined up, Sir?
1:19:41
Because this just happened Friday.
1:19:43
Like 2 weeks ago I was doing an interview for a new job but I
1:19:47
never made the call. All right.
1:19:50
And Sir, are you currently on probation or parole anywhere?
1:19:54
No. Not at all.
1:19:58
OK, what happened with your manner out of Farmington Hills?
1:20:01
January of 23? It shows you were bound over to
1:20:04
Circuit Court for filing assault with intended murder.
1:20:08
Or convention. Lottery, I'm lost in murder and
1:20:10
filing the assault with a dangerous weapon.
1:20:12
What happened with that, Sir? I told my attorney that I that I
1:20:15
did do a failure to appear on that and I was just been trying
1:20:19
to find an attorney to help me with that case.
1:20:23
That case is against my boyfriend who I am still
1:20:26
currently with. So I just was trying to figure
1:20:30
that out. Well, Sir, it appears as though
1:20:33
you failed to appear for a probable cause conference or a
1:20:36
pretrial. I don't know if those conditions
1:20:39
were amended at Circuit Court, but potentially you're not even
1:20:45
supposed to have contact with your boyfriend slash victim in
1:20:50
the manner. So there's that concern, Sir.
1:20:57
And it looks as though you have other failures.
1:21:00
Who appears probation violation for malicious destruction of
1:21:05
property, also at Farmington Hills.
1:21:08
That was the only thing to appear that I was aware of that
1:21:12
I had told my Mr. Westmoreland this morning.
1:21:16
Nope. There's a second one, Sir.
1:21:18
You're on probation from malicious stuff to property and
1:21:24
shows that you have failed to appear in that matter, which
1:21:28
appears to be from 2022. Who was the victim in that
1:21:31
matter, Sir? John Bell?
1:21:34
Is that the same victim in the other matter you were just
1:21:36
stating? Correct.
1:21:38
You have any? Oh, and Mr. Bell was with you in
1:21:41
the vehicle. For this situation.
1:21:44
Yes. No, he was not.
1:21:47
He was not Detective, would you like to address Bond?
1:21:51
I'd bring concerns for this case.
1:21:53
Your honor. Multiple wives were at risk
1:21:56
during this chase. Going through red lights, going
1:21:59
through stop signs, passing 2 schools that were in session,
1:22:02
disregarding multiple trafficking control devices,
1:22:06
then crashing a vehicle into a lobby, nearly striking a vehicle
1:22:10
as occupied. And one of our.
1:22:13
Officers was struck with a probe during this incident with the
1:22:17
the warrants from 2022 or 2023 with great bodily harm.
1:22:22
For the public. So I'd ask for at least 100,010%
1:22:26
and AGPS tether since the warrants are at least it looks
1:22:30
like 3 years old. So not to operate a motor
1:22:33
vehicle, no weapon. OK, Thank you.
1:22:37
So, Sir, is Mr. Bell a Wayne County Sheriff's deputy?
1:22:43
Yes, ma'am, he is. Yes, OK.
1:22:46
And so that seems to be why his name is in here, because
1:22:48
apparently he pulled up on scene.
1:22:51
Yeah, he pulled up in a separate vehicle.
1:22:54
He was in the car with me. Yes, I see that.
1:22:57
Well, the court has significant concerns for the safety of the
1:23:02
public as it relates to Mr. Martin and his actions that
1:23:06
bring him before the court. Significant concerns not only
1:23:11
are the allegations that Mister Martin was driving at excessive
1:23:18
speeds in residential areas and school areas.
1:23:21
However, it appears as though there there is continued concern
1:23:28
based upon Mr. The allegations that Mister Martin drove into
1:23:32
the apartment building and then even from that attempted to
1:23:38
leave as well. Mr. Martin also based upon his,
1:23:43
the charge that he's currently on the warrant for for assault,
1:23:47
intent to create bodily harm less than murder.
1:23:50
The court also has significant concerns.
1:23:52
So what this court's going to do?
1:23:54
Is this court's going to find that a $75,000 cash 10% or
1:24:04
surety bond? I'm sorry, no, there's No 10%
1:24:07
cash bond in the event Mr. Martin is does post bond.
1:24:15
Mr. Martin is not to operate a motor vehicle at all, even if
1:24:20
his license is no longer expired, not to be released by
1:24:24
AGPS, tether through the Wayne County Jail, not to have access
1:24:28
to any firearms or weapons. Do you have any of those served?
1:24:31
No. Ma'am.
1:24:32
Do you have access to any of those served?
1:24:34
No, ma'am. Did you and Mr. Bell reside
1:24:37
together? No.
1:24:39
You're not to possess to consume any alcohol or drugs that are
1:24:42
not prescribed and we will see you back on May 14th.
1:24:48
Thank you, Judge. Thank you.
1:24:49
Have a good day. OK.
1:24:52
All righty friends, good morning once again TCF live.
1:24:54
It is May the fourth Star Wars day, so I wanted to point
1:24:58
something out which would apply to this guy that we just saw.
1:25:02
He used the T word try. So I would point you to the
1:25:05
right side of your screen, right over there where our friend Yoda
1:25:11
says do or do not. There is no try.
1:25:15
I think quite honestly, most everybody that we see today
1:25:18
could benefit from that advice. Quite honestly, as all of us
1:25:23
could, we would probably default too much to the whole try thing
1:25:27
and not enough of the do thing. So just saying, all righty,
1:25:32
let's go. Oh, do me a favor.
1:25:35
So dialing in a lot of stuff here because I changed a ton of
1:25:38
things here in the studio over the weekend.
1:25:40
Let me know how my personal audio sounds.
1:25:44
Too quiet, too loud, anything like that, because that was one
1:25:47
of the things that I made a lot of adjustments to.
1:25:49
So help me dial that in if you'd be so kind.
1:25:54
Let's do taxes, Judge Stevens. Involving Jeremiah Jean Forre.
1:26:00
Is that you? What's your name?
1:26:03
Jeremiah Jean Forre. Jean, Jean.
1:26:08
That's. Pronounced several different
1:26:10
ways, but you pronounce it Jean. And you were here with Mr.
1:26:15
Dusler, your attorney and the state's attorney.
1:26:18
Does the defendant weigh formal readings of this first admitted
1:26:22
motion to revoke unadjudicated probation and the new case of
1:26:28
third degree felony failing to comply with sex offended
1:26:31
registration requirements? And we proceed in Summit, Let's
1:26:39
take this nuclear substantive case. 26 CR 190.
1:26:46
In summary, this indictment handed up by the grand jury on
1:26:51
February 4th of this year alleges that on or about August
1:26:56
25th, 2025, in Jefferson County, Texas, you committed the third
1:27:01
degree failing of failing to comply with sex offender
1:27:05
registration requirements. Do you understand that?
1:27:08
You're charged with yes, Sir. Explain.
1:27:13
It all. Please come back.
1:27:16
This is a third degree felony. If convicted, you face a term of
1:27:19
not more than 10 years or less than two years in prison.
1:27:21
In addition, a fine may be assessed not to exceed $10,000.
1:27:25
Do you understand the agreements been reached in your case?
1:27:28
You would be pleading guilty, sentenced to 8 years in prison
1:27:31
to run concurrently with 2341590, which is a motion to
1:27:38
revoke probation that we're going to go to next.
1:27:41
Is that your understanding of the plan?
1:27:43
Yes, Sir. If I follow this agreement, you
1:27:45
have no right of appeal of your case, Do you understand?
1:27:49
Yes, Sir. How do you plead to this
1:27:51
indictment? Guilty or not guilty?
1:27:55
Pleading guilty voluntarily, that is on your own free will,
1:27:59
and because you are guilty, that's a yes or no.
1:28:04
Show. You what's marked as things he
1:28:06
said one did you sign that document voluntarily understand
1:28:09
it discuss it with your attorney.
1:28:11
Are the contents true and correct States Exhibit 1
1:28:13
tendered and without objection admit it.
1:28:17
The states you are mentally competent to enter your guilty
1:28:19
plea. It's really involuntarily made
1:28:21
know what you've been charged with the indictment and read you
1:28:24
read it. You were guilty of the crime
1:28:26
charge and then a lesser included offenses.
1:28:28
You were giving up your rights to a jury time on the rights of
1:28:31
the appearance confrontation, cross examination of witnesses
1:28:34
totally satisfied with the representation provided by your
1:28:36
lawyer all through at stake. So what be that correct State's
1:28:40
exhibit one part of the record for all purposes pre sentence
1:28:43
report. I am going to follow this
1:28:45
agreement if nothing further. I'm going to find Sir, you are
1:28:49
pleading guilty voluntarily. You are mentally competent to do
1:28:52
so. There's sufficient evidence
1:28:54
supporting your guilty plea. He states Exhibit 1 admitted
1:28:56
here to find you guilty beyond a reasonable doubt of this third
1:28:59
degree felony of failing to comply with sex affiliated
1:29:02
registration requirements. I'm following I now find you
1:29:06
guilty beyond a reasonable doubt of this third degree felony.
1:29:10
I'm following this agreement. You were hereby sentenced to
1:29:13
confine them in the institutional division of the
1:29:16
Texas Department of Federal justice to serve a term of eight
1:29:19
years. You understand what has happened
1:29:22
today in this. Yes, Sir.
1:29:28
Let's go to this Dash 41590. This is a motion to revoke First
1:29:36
Amended motion to Revoke probation filed on March 17th,
1:29:41
2026. Are we ready to move forward on
1:29:43
this review or does the defendant waive a formal reading
1:29:46
of this first amended motion to remove probation from the
1:29:49
proceedings? And raise your right hand, Sir.
1:29:52
Do you soundly swear or affirm any statement you make during
1:29:54
this feeling on this motion of remote probation shall be the
1:29:58
truth, the whole truth, and nothing but the truth.
1:30:00
So help you guys. Yes, the gap so she can hear.
1:30:03
Yes, Sir. OK, lower your hand.
1:30:05
In summary, this first amended motion to revoke unadjudicated
1:30:08
probation states that in this criminal district reported
1:30:12
Jefferson County, Texas on June 9th, 2025.
1:30:16
Last year you were placed on 10 years deferred or unadjudicated
1:30:20
probations for the second degree felony of indecency with a
1:30:24
child. Do you understand that that is
1:30:29
being alleged and is that allegation indeed true and
1:30:32
correct? Yes, Sir, we have to go to #10
1:30:36
that's the new case number 10 first amended and this motion to
1:30:40
revoke probation on the violations Group 10 states that
1:30:47
you committed the offense of failing to comply with sex
1:30:50
offender registration on or about August 28th, 2025 in
1:30:54
Jefferson County, Texas, which was a violation of them
1:30:57
condition. One of your deferred or
1:30:59
unadjudicated order. You just pleaded to that and
1:31:02
you're found guilty to that. Is that allegation true and
1:31:06
correct as it is alleged? Yes, Sir.
1:31:08
Are you pleading true and correct to this voluntarily and
1:31:11
because it is true and it. Is true.
1:31:13
Do you understand that a voluntary and truthful made plea
1:31:19
of true to one or more violations of probation that is
1:31:22
enough to grant a motion to revoke probation?
1:31:25
Your probation in this case can now be revoked.
1:31:28
You can be. Found guilty and sentenced up to
1:31:31
the full range of punishment, a second degree felony carries
1:31:35
with it no less than two nor more than 20 years confinement
1:31:38
in prison. Do you understand the
1:31:40
consequences of this? And Sir?
1:31:43
Knowing all of that, do you insist on pleading true today to
1:31:47
this allegation of a violation of your probation?
1:31:50
Sir. Find you were pleading true
1:31:52
voluntarily, you understand and appreciate the consequences of
1:31:57
pleading true. There is an agreement that's
1:32:00
been reached where you your probation would be revoked.
1:32:04
You would be found guilty of this underlying offense of
1:32:06
indecency for the child, and you would be sentenced to 8 years in
1:32:11
prison to run concurrently with the previous case that you just
1:32:17
pleaded guilty to earlier. And that's 26.
1:32:22
Let's say this is written wrong. It would be 26 CR 0190.
1:32:28
Is that your understanding? Yes, Sir, if I if I follow this,
1:32:33
you have no right of appeal of your case for you on this thing.
1:32:37
Yes, Sir. How do you plead to this
1:32:39
allegation? Guilty.
1:32:41
Are you pleading true as well as guilty voluntarily and because
1:32:47
it is true as it is alleged? Yes, Sir.
1:32:50
I'm going to show you here with Smart as States Exhibit 1.
1:32:55
Did you sign this document understand it, discuss it with
1:32:58
your attorney. Are the contents true incorrect.
1:33:00
Yes, Sir. The state's exhibit one tender
1:33:01
tend to add no without objection.
1:33:03
It's admitted among other things.
1:33:05
This states if I follow this agreement, you have no right of
1:33:11
appeal of your case. Do you understand them?
1:33:14
Yes Sir. You just need to sell right
1:33:17
above. On that Council.
1:33:19
Yes, anything. If not, it'll be fine.
1:33:23
Mr. Foray, you are pleading true to allegation 10 of this First
1:33:29
Amended Motion to Revoke on a 20 KB Probation filed in this cause
1:33:33
number 41590 on March 17th, 2026.
1:33:38
You were doing this voluntary, knowingly, and you understand
1:33:42
and appreciate the consequences of pleading truth.
1:33:45
There's enough from your plea of truth to support this motion to
1:33:50
be granted by a preponderance of the evidence is greater.
1:33:52
This first amended motion to revoke on adjudicated probation
1:33:55
is hereby revoke. It is hereby granted.
1:33:59
And as to allegation #10 and your deferred or unadjudicated
1:34:05
probation earlier rendered in this case is hereby revoked.
1:34:11
In that earlier case on June 9th, 2025, when the court
1:34:17
sentenced you to defer to judicate or unadjudicated
1:34:21
probation for 10 years. You had pleaded guilty at that
1:34:25
time to this underlying offensive indecency with a child
1:34:29
with second degree felony and voluntarily you were mentally
1:34:32
competent to do so. You understood and appreciated
1:34:35
the consequences of pleading guilty.
1:34:37
There was sufficient evidence supporting your guilty plea from
1:34:39
State's Exhibit 1 admitted in that hearing to find your guilty
1:34:42
beyond a reasonable doubt. Now that your probation is
1:34:45
hereby result, I hear about find you guilty beyond the reasonable
1:34:48
doubt of this underlying indecency of the child second
1:34:52
degree felony placed in the placement and I find you guilty
1:34:58
and you are hereby sentence in accordance with this agreement
1:35:01
to clarify in the Institutional Division prison of the Texas
1:35:05
Department of Criminal Justice to serve a term of eight years.
1:35:08
This will run from currently with the previous matter that
1:35:13
you pleaded guilty to earlier today.
1:35:16
Do you understand what has happened in these two cases?
1:35:19
So yes, Sir. Anything else?
1:35:22
All right. We are in recess on these two
1:35:23
cases. Thank you.
1:35:24
You will be given credit for all time you have served in
1:35:27
accordance with these cases. All righty, friends, I will keep
1:35:31
an eye on Judge Stevens courtroom.
1:35:34
We'll probably go back there later.
1:35:36
Just about two hours in, almost. So about halfway there, let's go
1:35:42
to Lake County, Ohio. We saw Judge Colada earlier.
1:35:46
Let's check in on Judge O'Donnell.
1:35:48
Thank your honor, we're here this morning with State of Ohio.
1:35:50
This is Carlos Jackson, case number 20 CR 214.
1:35:54
The defendant is present open court with his attorney, Mr.
1:35:56
Deed. On September 30th of 2020, the
1:35:59
defendant did enter a plea of guilty to count to the
1:36:02
indictment trafficking and cocaine, a felony of the fourth.
1:36:05
Today we are here today. For the purposes of sentencing,
1:36:08
the defendant has 81 days of jail time.
1:36:10
Clinic. Mr. Deed.
1:36:15
Your Honor, we're prepared to proceed today at this time, and
1:36:17
my client would like to address the court at the time of
1:36:19
sentencing. Your Honor, back in the time of
1:36:23
this offense, Mr. Jackson was using cocaine.
1:36:28
He was in the throes of becoming a significant addict, addict,
1:36:32
and the addiction was increasing.
1:36:35
So as part of that. He had stopped.
1:36:39
Using there was COVID at the time he had some issues with his
1:36:42
uncle. He was having trouble supporting
1:36:44
himself up here and at that point after he had turned
1:36:48
himself in in February of 2020 at the beginning in January of
1:36:53
2021, still during the COVID times, his uncle who had several
1:36:58
strokes and is in significant health concerns.
1:37:02
Plus, he has significant resources and the family were
1:37:05
trying to take advantage of that medical situation and to take
1:37:10
advantage of his finances. Mr. Jackson went down to
1:37:15
Columbus and started to be his primary caregiver and he worked
1:37:18
over 15 jobs and he stayed out of trouble down there.
1:37:21
And because of his issues with his uncle, he has been focusing
1:37:25
on that. And he's going to be
1:37:26
acknowledged as his caregiver to receive resources from the state
1:37:30
of Ohio because he's been cooperating with the department,
1:37:34
job and Family Services as far as helping with that care.
1:37:37
At this time, he made contact with my office, made
1:37:41
arrangements to turn himself in. We're thankful that he is in
1:37:44
court as quickly as he is. We appreciate the timing of
1:37:47
that. He would like to be addressed
1:37:49
the court to explain the circumstances that led to hit
1:37:52
the significant delay and what was going on.
1:37:55
And he has since he did test positive for marijuana.
1:37:58
We knew that he would test positive for marijuana.
1:38:01
However, he has stopped his use of hard drugs such as cocaine,
1:38:06
and he has been focused on taking care of his family down
1:38:09
in Columbus. But he did make the trip up here
1:38:12
to resolve this. As far as whether there's a
1:38:14
Cuyahoga County case, we do speak with the prosecutor.
1:38:17
He has a whole that's listed on the jail.
1:38:19
However, we don't have any information regarding whether
1:38:22
there actually is a case. And he believes that there is
1:38:24
not because he believes he hasn't been in any other trouble
1:38:26
since this occurred. And this was the only offense
1:38:29
that was outstanding as far as he can recall.
1:38:32
So we'll get to the bottom of that Cuyahoga County case.
1:38:35
And with that, Mister Jackson would like to adjust the court
1:38:37
to tell you about what's been going on with him since 2020
1:38:41
until the present. OK, Mr. Jackson, what do you
1:38:44
want to tell me? You can have a seat and talk to
1:38:46
the judge. It's not.
1:38:47
Up no you. Can have a seat.
1:38:49
Just make sure good morning, good morning Judge O'Donnell and
1:38:52
since 2020 and I'm not perfect. I went down there because it's
1:38:56
more job opportunities in Columbus.
1:38:58
I worked about 15 jobs. My last recent job was at
1:39:02
Southern Glazers. I was driving a forklift for two
1:39:05
years and I got fired because of my transportation to get there.
1:39:11
And my uncle got I stayed with my uncle.
1:39:13
He got four dogs and I take I get get him to all his doctor's
1:39:17
appointments. I get him dressed, help him get
1:39:18
in the shower. I got a six year old daughter
1:39:21
that I can see. I've been getting fired from
1:39:23
jobs because of my warrant. So when I work as a temp, I work
1:39:29
as a temp for four to six months and there's time to hire you on
1:39:32
your your warrant pop up. So I got sick during COVID and
1:39:35
actually caught COVID and I didn't think that I was going to
1:39:38
make it, but I learned it down there working and staying out of
1:39:43
trouble. I got a six year old daughter
1:39:45
named Samaya Summerall that I'm, I'm blessed with.
1:39:48
I'm not a bad person. I just want, I just want to
1:39:51
work. I want to get into the trucking
1:39:53
business. I don't, I don't, I haven't
1:39:55
caught a case of six years. I don't do drugs at all,
1:39:58
marijuana, but I'm done with that.
1:40:01
I really just. Marijuana is a drug, yeah.
1:40:04
It's just marijuana, but I don't want to put that behind me.
1:40:08
I just smoke cigarettes. I don't drink or not no more
1:40:10
because I take. My uncle was kind of my main
1:40:13
priority because, you know, he'd been there for me.
1:40:14
So I take care of him. And I had to tell him that I had
1:40:17
trouble up here because he never known.
1:40:19
Even though I make him be my responsibility.
1:40:23
He didn't know that I was in trouble years ago on top of me
1:40:26
taking care of him. So I told him I want to be great
1:40:29
and I he wondered why I couldn't be his caretaker and I get fired
1:40:32
for jobs because my background keep coming up after I work 4 to
1:40:36
6 months as a temp trouble. Trouble is not my name no more.
1:40:40
I love I love being a citizen working but there's this warrant
1:40:44
been hindering me for years and I knew in order to be great I
1:40:48
had to take care of it. I love working.
1:40:51
I love interacting with Co workers because they my work
1:40:54
ethic is very good. I didn't inform you when he
1:40:57
brought up his daughter Samaya. He is in touch with the mother.
1:41:01
He does visit with his daughter. He has not custody but he sees
1:41:04
her all the time and he is helping support her and the
1:41:07
mother does know of this situation currently.
1:41:11
She said she was proud of me that I took care of her because
1:41:13
I told her I've been wanting to be in my daughter life more.
1:41:15
But it's I don't stay here because I'm not I'm not in
1:41:18
contact with no old friends. It's just my uncle.
1:41:21
The dogs and I cut grass. We got lawn mowers and stuff.
1:41:24
He just had a stroke. His hemoglobin got down to the
1:41:28
three. So when the police had came to
1:41:30
our house because they, they couldn't get in contact with
1:41:33
him, they said he could have passed.
1:41:34
So we rolled in the ambulance to the hospital down there.
1:41:38
St. Anne and I stayed there with him
1:41:41
every day. He had a good treatment in the
1:41:43
nursing home for 21 days. So I had to go over there every
1:41:45
day, bring on fresh fruit because I'm all he, I'm all he
1:41:49
know. So you know, what we'd ask is if
1:41:51
he could be placed on probation for whatever period up to five
1:41:54
years, this court would see fit. We know it's been an extreme
1:41:57
long time and you don't people shouldn't benefit from having
1:42:01
the warrant outstanding. But he's taking strides.
1:42:03
He's taking strides to improve his life and to better himself
1:42:06
and he. Would like to be there.
1:42:07
For his uncle so that he can move on beyond that and get a
1:42:10
good job now that the warrant is gone and he can work towards his
1:42:12
license that has affected both of those so that he could get
1:42:16
back in the straight and narrow. And if supervision were
1:42:19
transferred down to Columbus, he would have that accountability.
1:42:22
And to show this court not by through his words, but by his
1:42:25
actions that he has changed his life along the lines of a law
1:42:29
abiding citizen. The, the, the, the biggest
1:42:32
problem that you have with everything you said is I don't
1:42:35
know if any of it's true or not true because you ain't been
1:42:39
around for six years, right? Yeah, I've been my address.
1:42:43
I gave my lawyer my address. Where I'm currently, all my mail
1:42:46
go there. 6300 Carl Rd., Columbus, OH have nothing to
1:42:50
hide. So the, so the, the, the next
1:42:54
biggest problem you have is what why should you get the benefit
1:42:57
of having disappeared for six years?
1:42:59
Because you are just looking back at your history.
1:43:05
You got an unauthorized use of a motor vehicle in 13, a drug
1:43:09
possession misdemeanor in 13, trafficking and heroin in 14.
1:43:15
You went to prison drafting and cocaine and 16 and you went to
1:43:20
prison. There's an unauthorized use of a
1:43:22
vehicle in 19 in Cuyahoga, which apparently you pled by telephone
1:43:26
and got probation and you got this thing and that occurs in 19
1:43:31
and 20. And so you plead guilty to the
1:43:33
F4. We do a presets report.
1:43:36
You don't show up. So why didn't you show up for
1:43:39
the report? Because around COVID time I told
1:43:41
you I had cold, cold and I was mentally sick.
1:43:45
OK, and then what did she tell you back?
1:43:47
Do you remember what Miss Randazzo told you when when you
1:43:50
called and said you were sick? You probably don't cause it's
1:43:53
six years ago. What did he tell you?
1:43:55
Called in stating he was sick. I told him I would reschedule
1:43:58
him to send me a verification to a doctor and I would reschedule.
1:44:02
I also spoke with his attorney and no verification of any
1:44:05
doctor. And around that time I had a few
1:44:08
deaths in the family, which is not an excuse.
1:44:11
But over the last six years I I learned that I can be a normal
1:44:15
citizen and without drugs involved.
1:44:17
That doesn't besides me. I just want a fair opportunity
1:44:21
to work and be a normal citizen. Well, you said you got fired for
1:44:26
transportation issues. What do you mean?
1:44:28
I couldn't get back and forth to work like I was Ryan in the
1:44:32
carpool with other Co workers because everybody, every job I
1:44:35
work that they see my work, my work work ethic and I, you know,
1:44:40
I'm saying they, they, they see me striving to get to work every
1:44:43
day. And then my transportation got
1:44:44
messed up and the job was kind of far from the house.
1:44:47
I take any job I can get out there, all my jobs being where I
1:44:50
was. What?
1:44:51
Was it? What was it?
1:44:52
I mean, what do you mean a transportation issue?
1:44:54
It was too far for me to get like I I was working.
1:44:57
Why don't you have a? Why don't you have a license?
1:44:59
Because I I got a warrant. I can't.
1:45:01
I've been, I can't get my license until it's been
1:45:03
resolved. Like I couldn't do no driving
1:45:05
job. Because why didn't you resolve
1:45:07
this sooner than six years later?
1:45:11
Scared, stressed out. I got, I got a daughter.
1:45:14
I've been thinking about it every day that because it's been
1:45:17
hindering me from work and I've been wanting to resolve it.
1:45:20
That's why I thought about it every day.
1:45:22
I know that I ain't perfect and I know that I can't afford to be
1:45:25
in trouble while I'm already in trouble.
1:45:27
I just wanted a fair chance that over these years I got a chance
1:45:31
to work and meet working people and know that it's more, it's
1:45:34
more to it. That's why I don't live in
1:45:36
Cleveland. I just I got my daughter and my
1:45:40
and my mother that's that's a diabetic and sick.
1:45:45
Where does your mother live? My mom live in Euclid, she a
1:45:48
diabetic and got other medical issues and then I got my uncle
1:45:52
in Columbus, so I don't have to. I don't come to Cleveland
1:45:55
because you know, that's my whole life.
1:45:57
I just enjoy I cut grass down there when I can cause I've been
1:46:00
getting fired from jobs as a temp because of my background
1:46:03
pop up. So they they I work four months
1:46:06
somewhere and then it is their show that I have a warrant and
1:46:09
they say I could come back and work for the company when I fix
1:46:12
it. What's your uncle's name?
1:46:13
Robert Story he 84 years old, just turned 84 April 7th.
1:46:19
OK. And what's his relation to you?
1:46:21
How's he he's? Mama, my mom, father, brother.
1:46:24
Your mom's brother. My mom's father, Brother, so
1:46:28
he's my great uncle. And besides, six years ago, when
1:46:32
did you have contact with him before that?
1:46:35
I would see him when we come down to to visit, but he.
1:46:39
Who else lives in Columbus that's related to you?
1:46:41
Yeah, it's just me and my mom. I was living with my mom's
1:46:44
sister, Miranda Jackson, and she passed away in 2023.
1:46:50
And he needed, he needed care for me because he didn't have
1:46:53
nobody to care for him. I was working with her.
1:46:56
When did you go to Columbus? You didn't show up here in
1:46:59
September of 20. When did you go to Columbus?
1:47:02
In 2020 because I can't find no good jobs there.
1:47:05
My first job was 19 an hour when I got to Columbus.
1:47:08
All the jobs I was looking for here when around Christmas time.
1:47:13
Maybe a 2020 Thanksgiving Christmas.
1:47:16
He told me after Christmas. I put January of 2020.
1:47:20
One around around Christmas. Doing what?
1:47:23
My first job was a pic pack on the in the warehouse pic pack
1:47:26
and putting the stickers on the boxes on the Cabrera belt.
1:47:29
Where else did you work? I worked at DSW at the shoe
1:47:32
factory in Columbus on 5th Ave. I worked there for six months
1:47:36
until it was time to hire on and then they had to let me go.
1:47:39
What were you doing there? We used boxing shoes and put
1:47:43
them on a Cabrera belt and then the fork level come get them.
1:47:46
My longest job was at Southern Glazer's.
1:47:49
I was driving a cherry picker for two years, so it's been all
1:47:52
a warehouse job because I like where I was work, but that's the
1:47:55
only the only job I could kind of get.
1:47:58
This kind of tour. Thank your honor, the defendant
1:48:00
did plead guilty to AF4 in September of 2020.
1:48:04
He went to probation, tested positive for cocaine and
1:48:07
marijuana violating his bond. He then did not complete his pre
1:48:11
sentence report and he has two prior prison.
1:48:15
So none of those things recommend him for community
1:48:17
control sanctions at this time and we would recommend present.
1:48:20
You, you don't think you have this case in Cuyahoga, John,
1:48:24
based on what you would stated, it sounds like it's a probation
1:48:27
violation and that might be the warrant if he was on probation
1:48:30
and then you left, that would make.
1:48:33
That seems to be. I want no probation they doing.
1:48:38
That says no probation. OK, they're doing COVID.
1:48:41
They did everybody. I was, I was speculating.
1:48:43
So if he wasn't on probation, that can't.
1:48:45
Be your honor, in the time we've been sitting here, I had our
1:48:47
office run his leads this morning.
1:48:49
It does not show warrant. The only thing that it shows is
1:48:52
on the jail roster. It shows hold.
1:48:54
And I was. Looking at his warrant on the
1:48:55
leads from 2020. He did have.
1:48:57
A warrant for Grand Theft at that time, but it did not show 1
1:49:01
this morning. Thank you for clearing up.
1:49:02
This contour goes along with what you were saying.
1:49:05
All right, so that OK, what what's your address?
1:49:11
6300 Karl Rd., Columbus, OH. Zip Karl Karl K.
1:49:17
ARL Rd., Karl Rd. Zip code 43229.
1:49:22
What kind of? What kind of residence is that?
1:49:25
It's a multi family house, 3 bedrooms up, two bedrooms down.
1:49:30
Who lives there? Me and my uncle Robert Story and
1:49:33
I had four dogs. My uncle sleep on the couch
1:49:35
because he don't sleep on the bed so I sleep in the fun room
1:49:38
with him because I got to make his medicine.
1:49:40
Who's there now? My cousin Michaela, she
1:49:45
graduated school this year, so she's just kind of helping him
1:49:48
out because I'm the nephew. I'm always there with him.
1:49:50
I make sure he OK do the blood pressure.
1:49:54
How is she your cousin? What's the relation?
1:49:56
Her mom passed in 2023. Miranda Jackson, my auntie I was
1:50:00
living with while I was working at her house.
1:50:02
She was renting a house for my uncle.
1:50:04
OK, All right, here's what we're going to do today.
1:50:06
I'm not going to sent you today. I sent you at a later date.
1:50:10
Let me see the three of you in here for a minute.
1:50:19
OK. Okie, dokie.
1:50:23
Then they're going to go back to Chambers and he's not going to
1:50:26
get sentenced today. So I guess that is that Let's
1:50:30
but I'll keep an eye just in case something happens of
1:50:33
significance. But let's let's go to Texas.
1:50:38
No, actually, let's not go to Texas.
1:50:39
Let's do this first. So one of the upgrades that we
1:50:44
made to the studio over the weekend was we added a brand new
1:50:48
cat tower for Ellie and for IO. This was just a few minutes ago
1:50:53
of her sleeping on the top of the tower, which might mean I'm
1:50:58
going to need to relocate the cat camera, the Ellie Cam.
1:51:01
So we'll see how well she takes to it.
1:51:05
But this might be the new home during the show, so we'll see
1:51:08
how that goes. Anyways, with that having been
1:51:11
done, now let's go to Texas and say good morning to Judge Boyd.
1:51:17
I just thought Odyssey is acting crazy today.
1:51:22
I haven't heard that. Before.
1:51:24
So hopefully it will work now, if so, all right, the Court is
1:51:28
calling 2025 CR 001529 State versus Tony Rodriguez.
1:51:36
Can I have parties announced for the record?
1:51:38
Brandon Pereira for the state. Scott McClure for Mr. Rodriguez.
1:51:41
And are you, Mr. Rodriguez, all right?
1:51:43
Did you review the document entitled Motion to Revoke
1:51:46
Community Supervision with your attorney?
1:51:48
Did you understand it? Are you the same?
1:51:51
Tony Rodriguez was placed on community supervision in 2025.
1:51:54
CR 001529 for the offense of possession of a controlled
1:52:00
substance Penalty Group One 4200 grams on June 26th, 2025 for a
1:52:05
term of five years. Is that you all right State?
1:52:08
Judge will be proceeding on violation condition #4
1:52:11
specifically that in Bear County, Texas, the defendant,
1:52:13
Tony Rodriguez, did then and there fail to report to the
1:52:16
supervision officer as director for the months of October and
1:52:19
November 2025, in violation of condition #4.
1:52:23
How do you plead to that true or not true?
1:52:26
And, Judge, we'll also be proceeding on a violation of
1:52:28
condition #6 specifically that honor about the 12th day of
1:52:32
September, 2025 in Bear County, Texas.
1:52:34
The defendant, Tony Rodriguez, did then and there fail to
1:52:37
consent to a search of his person, residence or vehicle in
1:52:41
violation of condition number six.
1:52:43
How do you plead to that true or not true?
1:52:44
And we'll waive the remaining. Violations.
1:52:46
Any objections to the waivers? Oh, you are.
1:52:48
Did you understand? By pleading true to violations 4
1:52:51
and 6, the court could find it true.
1:52:53
Grant the motion and sentence you up to 10 years in the
1:52:55
prison. Knowing that, do you still wish
1:52:57
to plead true to four and six? You still wish to proceed with
1:53:00
that? All right.
1:53:01
The court will find violations four and six true.
1:53:06
Is there a proposed agreement? Yes, Judge.
1:53:08
The we're not oh, we're not agreeing.
1:53:12
OK, Judge, we do not have agreement.
1:53:13
The state has this recommendation.
1:53:15
All right, state, what are you requesting?
1:53:17
Judge, we're requesting that you revoke the defendant, sentence
1:53:20
him to six years. TDC.
1:53:22
All right. And defense, what are you
1:53:23
requesting? Judge, we're asking if the court
1:53:25
would consider going along with probations recommendation of
1:53:28
SATAF to stay in custody until he goes to SATAF treatment and
1:53:34
ISF to follow. The way the the report is
1:53:38
written was a little confusing. I misunderstood what it said
1:53:41
about him and absconding and I think Mr. Prater did is as well.
1:53:45
We thought it meant that he went to ISF and absconded from there
1:53:48
or didn't just never showed up to ISF.
1:53:51
In reality what happened is he stopped reporting after he took
1:53:54
the tap evaluation. He never knew he was ordered to
1:53:57
ISF does an excuse that he went AWOL but he didn't run from ISF.
1:54:03
He's never had a long term inpatient treatment.
1:54:05
He said the longest he's had I think was a 4040 day stay or
1:54:08
something like that at lifetime. He knows he has a problem, he
1:54:12
wants to address the problem. He's very motivated for
1:54:14
treatment. He's sorry that he's in front of
1:54:17
you again, but because he's never had that kind of treatment
1:54:21
before, I'm hopeful that you'll consider that all.
1:54:24
Right, he's been missing for like 8 months.
1:54:26
I don't know how long. I mean, it's, I mean, since the,
1:54:30
the violations that he pled true was that he failed to appear,
1:54:37
I'm sorry, failed to report October and November 2025.
1:54:41
So why is he not? Why is he not reporting?
1:54:44
He started using again Judge and man, I guess he could address
1:54:47
that better than I could. Right.
1:54:48
Does he want to address it? Sure.
1:54:50
Can you raise your right hand? Do you solemnly swear?
1:54:53
Affirm. The testimony you give will be
1:54:54
the truth and nothing but the truth so help you God?
1:54:56
Yes, ma'am. All right, you can lower your
1:54:58
hand. State your name for the record,
1:54:59
Rodriguez. All right.
1:55:00
Anything you wish to say? Just that.
1:55:03
I understand I. Stopped reporting.
1:55:04
I did the address I was given to him.
1:55:08
No, it's not enough. For that's where I was picked up
1:55:10
at. Doesn't be picked up anytime at
1:55:12
that address thing, so no no. No, no.
1:55:16
Why didn't you report? That's what I'm, it seems to me
1:55:19
what you're telling me is you're pushing, you're not reporting
1:55:23
off of somebody else like I've been at the address, but you
1:55:26
knew you had to report. Right, I had to report.
1:55:29
So why did you not report for these many months?
1:55:32
I wasn't ready to commit. To.
1:55:34
I have. Home issues.
1:55:35
I'm not putting it out of nobody.
1:55:37
This is mine. I get that, but I had issues at
1:55:40
home and I wasn't ready to. Figure this out.
1:55:44
With the family health that I have now, everything at home is
1:55:46
taken care of and I couldn't worry about myself right now
1:55:51
and. That you start using it.
1:55:52
I was using, I was using. And what is up with this not
1:55:57
allowing them to search your person or your residence?
1:56:00
Because obviously if you're pleading true to not allow them
1:56:05
to search your person or your residence, that means that I'm
1:56:09
making an assumption here. And if my assumption is
1:56:11
incorrect, let me know. That seems to suggest that they
1:56:14
came to your house wanting to search and you told them no.
1:56:17
They searched and they found smoking devices.
1:56:19
And I was using. So I would.
1:56:21
I would have. Added a little bit more of
1:56:24
substances give some juice for me correctly.
1:56:27
All right. Just one moment.
1:56:30
Is anybody's Odyssey not working properly?
1:56:34
Thank you. I just wanted to know if it was
1:56:36
me because technology and myself are not very well.
1:56:40
All right, so continue. I mean.
1:56:43
I stopped the search after they found the smoking devices device
1:56:46
and. They.
1:56:47
Continued searching, they would have found a little bit more
1:56:50
drugs to that we're using and. Stop the search.
1:56:54
I guess at that point. All right, Does anyone have the
1:56:57
trial court summary of the court summary, Judge, any objections
1:57:01
to the court review on that? No, you aren't.
1:57:03
All right, thank you. Let me see.
1:57:05
They're telling me to try Odyssey now.
1:57:08
All. Right.
1:57:08
I've had two people say it's working now we're going to see.
1:57:11
Sorry, slowly. Let me see if it will let me in
1:57:15
and see. I kept telling everyone what
1:57:17
happens if Odyssey fails and they're like oh it'll never
1:57:20
fail. OK.
1:57:22
Great. All right.
1:57:24
Did you ever enter lifetime before I got sent?
1:57:27
Yes ma'am, you requested after I the day I got sentenced to.
1:57:31
Go back into lifetime. Probation said that there was no
1:57:34
more funds for that. That's how I'm trying to get
1:57:36
into. All.
1:57:39
Right, I'm going to give you a choice.
1:57:41
These are your only two choices. Don't ask for a third one.
1:57:44
I'll revoke you and I'll send in to you to four years in the
1:57:47
prison. Your other option is I will
1:57:51
continue you, but you're going to safety.
1:57:54
Those are your only two options. Which do you prefer?
1:57:56
Safety is the nine month treatment, then you might have
1:57:59
to wait a few months before you get to that.
1:58:02
All right, see, sometimes people won't help.
1:58:04
Sometimes, yeah. I mean, I'm just all right.
1:58:09
The court will grant the motion. I'm sorry, are you waiving your
1:58:12
right to appeal? All right.
1:58:13
The court will grant the motion, revoke and I'm sorry, state you
1:58:17
may be excused. Thank you, Josh.
1:58:18
Court will sentence you to four years in the prison, give you
1:58:21
credit for any time served. The court will request the
1:58:24
therapeutic community. It doesn't increase the time
1:58:27
that you're in custody, but it it could potentially help you
1:58:30
with any substance abuse issues you may have.
1:58:33
There's to be no unsupervised contact with minors.
1:58:36
Did you review the document entitled Trial Court
1:58:38
Certification of Defendants rights to appeal with your
1:58:41
attorney? Did you understand it and sign
1:58:43
it? Because you waive your right to
1:58:45
appeal, you do not have the court's permission to appeal.
1:58:48
Because this is a felony conviction, you're not allowed
1:58:50
to own or possess any weapons or ammunition.
1:58:53
If you have a question over what that is, you'll need to speak to
1:58:55
an attorney. Do you understand?
1:58:57
All right, Good luck to you. Thank you, Honour.
1:58:59
Not the first time we've seen that.
1:59:01
It's rare, but we do see it where people will choose the
1:59:04
time over the treatment. Know thyself, I guess.
1:59:08
You know, I, I suppose if you've gotten that far down the road
1:59:13
into all of this, I suppose you pretty much know who you are.
1:59:17
So wish them the best. Let's go back to Michigan.
1:59:22
Judge Aqualina, What's? Your shirt mean 70 X 7.
1:59:27
It's a Bible. It's a It's My Auntie clothing
1:59:30
brand. It's a Gospel clothing brand.
1:59:31
Means the Bible could give you 7 * 7 of your hands.
1:59:35
That's what the Bible says. That's very cool, I figured it
1:59:38
meant something color electric. Thanks all.
1:59:42
Right, all right, this is back at 26460 FH people in the state
1:59:47
of Michigan versus Darnell Laurel Thomas Council your
1:59:51
parents for the writer. Good morning, our APA, Burt
1:59:54
Buxman. We have.
1:59:55
People state of Michigan. Good morning, Your honor.
1:59:57
Stephen looks on behalf of Mr. Thomas.
1:59:58
Mr. Thomas present and staying here right at this time.
2:00:01
Thank you, Sir. Please raise your right hand.
2:00:03
Do you swear or affirm the testimony you're about to
2:00:05
provide to be the truth, full truth and nothing but the truth
2:00:08
and the penalty purge? Yes, for me.
2:00:10
Thank you for turning it down. Have you taken any medication
2:00:12
yesterday or today? Marijuana, alcohol, anything at
2:00:15
all. No, ma'am.
2:00:16
Is there anything you're supposed to be on the Internet?
2:00:18
On No, ma'am, you. Said your fever, cold or other
2:00:20
illness. No.
2:00:21
Ma'am, you had enough time to speak with your attorney and did
2:00:25
you review the pre sentence investigation report to your
2:00:28
satisfaction? Yes.
2:00:30
Ma'am, all right. Half the people aside from the
2:00:33
sentencing date used to be the 4th of May throughout what other
2:00:39
corrections, if any, are there? No, no corrections.
2:00:42
For the people. On behalf of your offended
2:00:45
thank. You you're out of the only
2:00:47
corrections. To the body I guess.
2:00:48
Would if we should update the the.
2:00:51
Is Judge. Buchanan is listed.
2:00:52
I don't know if we should. Put, Your Honor, she took the
2:00:55
plea. Your Honor, I think that's why
2:00:56
she was listed there in. The felony?
2:00:58
Of this report that's Shaheen. So let me go out basic
2:01:06
information sheet anywhere else. Also on the cover.
2:01:11
Page, Your honor, I've got on the cover page.
2:01:15
It's not on the basic information sheet like, Oh yes,
2:01:17
it is. I've changed it there too, I
2:01:22
think just a little. Sense and the the the guidelines
2:01:26
as well, you know, Oh yes. All right.
2:01:32
Any other questions? No thank you about the
2:01:36
guidelines not from. The people you owner.
2:01:40
Not from the defense. Thank you.
2:01:41
Thank. You the victim here, Governor,
2:01:46
Let me double check. I I don't believe so, but let me
2:01:48
double check. Jessica Thompson.
2:01:50
Go off the. Hallway one second, Your Honor.
2:01:52
Thank you. No, you're on.
2:02:00
There is no victim. Present.
2:02:02
Thank you, Council. What would you like me to know
2:02:05
and could you address? I have the recommendation for
2:02:08
probation, 365 days jail, but I have the stipulation of county
2:02:15
cap. There's a big difference between
2:02:16
that. That's not stipulation of a year
2:02:19
in jail, is it? But that's that's the limit.
2:02:22
Your Honor. Right, yes.
2:02:23
So they their recommendation is the limit without any probation.
2:02:27
There was no no agreement to one year in jail, correct?
2:02:31
That's correct your. Honor.
2:02:32
OK, Thank you. What is the recommendation of
2:02:37
the people? Yes, your Honor.
2:02:40
I understand that it is a county cap.
2:02:43
The guidelines are 19 to 38. So I I do believe that it would
2:02:49
be appropriate for Mr. Thomas to get some jail in this
2:02:54
considering the situation, considering the charges,
2:02:57
considering his pretty lengthy criminal history of honor,
2:03:01
including multiple high severity felonies, numerous low severity
2:03:05
felonies. So I would I would ask.
2:03:09
That he served at least at least six months to honor with
2:03:13
probation afterwards. Thank you.
2:03:18
Thank you very. Much we are.
2:03:21
Asking for probation this matter with no upfront and I think
2:03:26
there's a very significant point to be made here.
2:03:29
Your honor is that if the. Court.
2:03:30
Looks at his criminal history for the past six years he's not
2:03:33
been. In any trouble?
2:03:34
Whatsoever significantly what has changed his life is that one
2:03:39
he had his son who was born who he's been very involved with as
2:03:43
well as his father passing away or at least his adoptive father
2:03:47
since that's PSI noted my client was abandoned when he was very
2:03:50
young just in a vacant house. Your honor, even though the the
2:03:55
people bring up. The fact that he has.
2:03:56
Many felonies. And that that is true, Your
2:03:58
honor, I'm sorry. Many felonies, many convictions,
2:04:02
if the court looks at them, largely they are retail frauds,
2:04:07
larcenies with a few R and OS, where my client says that he has
2:04:10
run, but he's not harmed anyone. He was very adamant with me
2:04:13
about that regarding him not being a violent person.
2:04:18
This situation here, six years, no trouble.
2:04:21
What happens? For a while, my client believed
2:04:24
that he had a daughter with the complaint with us in this
2:04:28
matter, and on that day he found out that he was not.
2:04:30
Actually, the Father and he. Reacted very, very poorly.
2:04:34
He did know that he did not punch her, and that's accurate,
2:04:36
Your Honor. What happened here is he grabbed
2:04:38
her by the lapels, Your Honor, which he shouldn't have done.
2:04:40
And he's owned up to honestly, sincerely and recognize this.
2:04:44
And I think that this is an important thing when it comes to
2:04:46
him recognizing where his faults are, what he did wrong,
2:04:50
admitting to that, owning up to it, and being able to correct
2:04:53
what he can do moving forward. Your Honor, he is working.
2:04:58
He is currently working full time at Pink's Cuisine.
2:05:01
So it's at least an update from when this was really done where
2:05:04
he is a cook. He's also working with Douglas
2:05:06
Supply, which has been his employer, fair to say, on and
2:05:10
off for quite some time. But he is making sure that he
2:05:14
can support his son, support his family.
2:05:17
And this has. Been his his pride, and this has
2:05:20
been his. Driving.
2:05:21
Force going forward, which? Again, has kept him crime free
2:05:25
for the past six years. So, your Honor, with that, I'd
2:05:28
ask the court, give him a a sentence of probation and if
2:05:33
there's anything further, I'd leave it to my client.
2:05:35
Thank you very much, your Honor. Sir, what would you like me to?
2:05:39
Know first and foremost, your honor, I'd like to apologize to
2:05:42
the state of Michigan and the city of Lansing.
2:05:44
Second of all, I'd like to apologize to my family and be
2:05:47
there right now due to the matter.
2:05:49
I am. But the person you see on that
2:05:51
paper is far from the manhunt and die.
2:05:54
Like when I had my son I just did a whole 1440 with my life.
2:05:58
I'm George 3. 6720. Nine.
2:06:00
I'm like, I'm a father of a 7 year old autistic son.
2:06:04
I'm a son of a mother that's eighty who I take back and forth
2:06:08
out of the house, medical appointments, go get her
2:06:11
prescriptions. Make sure she.
2:06:12
Eat right, diet right. I'm also the father of a little
2:06:15
girl who I recently found that was 8 months.
2:06:17
That's kind of right. The reason we're here.
2:06:18
How old is she? She's 9 now.
2:06:23
OK, so do you know who the biological dad is?
2:06:28
I. Believe she.
2:06:30
Do I I I well? Let me ask you this have you
2:06:33
talked to an attorney about that?
2:06:34
I haven't talked to nobody about it because.
2:06:36
Of that let me. Just talk in there.
2:06:38
Is your name on the birth certificate?
2:06:40
No, ma'am. OK, so you are only putative Dad
2:06:43
to begin with, but there is have you been, have you been
2:06:49
supporting this child? Since day one.
2:06:51
I ain't Mr. B Well. Why isn't your name on the verse
2:06:54
today? I mean, so all right, I had, I
2:06:59
had was coming home, I was in the halfway house and I got a
2:07:03
text from somebody telling me I need to call them, which is the
2:07:06
person I am. I called her.
2:07:08
She's like, I don't know another way to say this.
2:07:09
But we have a child and it was like, let me see the.
2:07:12
Little girl and I've seen her. How old is she at that point?
2:07:16
I believe like 11 months, maybe a year, 11 months and I just.
2:07:21
I don't need to hear the whole story.
2:07:22
The reason I'm asking is because there is a statute where if a
2:07:28
woman has LED you to believe you were the father and you acted as
2:07:31
the father the whole time and you have bonded with that child,
2:07:36
you can actually still be the dad.
2:07:40
It's up to you, Sir. And you talked to a lawyer.
2:07:42
Your name's not on the birth certificate, which may be a
2:07:44
complicating factor. But there is a statute where you
2:07:48
can, if you want to continue to pay for that child, see that
2:07:53
child and continue to be the dad in all respects.
2:07:56
There is a statute that allows for that.
2:07:57
If you want to do that, there is no reason for you to beat up the
2:08:01
woman because at 11 months or whenever she said hey you, you
2:08:07
got a child at that point A, you know you've had sex with her.
2:08:11
B, she probably had sex with other people same as you, and
2:08:14
you could have had a blood test if you didn't, but you bonded
2:08:17
with the child. There is an opportunity for you
2:08:21
to continue being the dad regardless of what she says.
2:08:23
That's up to you. See a lawyer.
2:08:26
Attentions don't leave in this little girl life.
2:08:28
Like I said, I was beat, Foster Holmes, till I got adopted.
2:08:31
Somebody adopted me, lured on me.
2:08:32
So I don't got no problem with that.
2:08:34
I got bonded with this little girl.
2:08:36
Can't no man or woman break that part that I got with you.
2:08:38
So I'm going to continue to do that.
2:08:40
No, you can't, because is is that the child that just got
2:08:44
landed? Thompson.
2:08:45
Yes. OK, so there'll be a no contact
2:08:47
or? That's fine.
2:08:49
I I will stay. Trying to help you out here.
2:08:53
Don't stand in the way of yourself.
2:08:55
Again. Here's the deal.
2:08:57
There's going to be throughout this probation a no contact
2:09:01
order with you and Jessica except for court.
2:09:04
And if you go to court, you can't leave with her or ride
2:09:07
with her and be with her in the same courtroom with a deputy
2:09:11
there and with the judge there. You can petition to have your
2:09:16
name on the birth certificate even though you're only putative
2:09:20
Dad because you have formed the father daughter relationship.
2:09:24
She looks at you as a dad, you look at her as the daughter and
2:09:27
you would have to commit to the court to pay for the child,
2:09:31
etcetera, just as a biological dad does.
2:09:34
There is a part of a statute. Now your name's not on the
2:09:37
affidavit of parentage of the birth certificate.
2:09:40
So I don't know how the family court judge will rule.
2:09:44
I'm not in that court. I used to do that work and the
2:09:47
law does provide for that because you 2 have clearly
2:09:50
bonded as daughter, father, and it's in the child's best
2:09:54
interest and there's no other man saying I'm the daddy.
2:09:58
So if you want to pursue that, you talk to a family law
2:10:01
attorney, Mr. Millikz. I don't know if you do that work
2:10:03
or if you can refer him, but you can do that.
2:10:06
But in the meanwhile, there's not going to be any contact with
2:10:10
the mother except for legal proceedings.
2:10:14
So if you don't want to see that child for a couple of years,
2:10:18
then do nothing. If you think that relationship
2:10:21
is important and you want to be the dad to that, to continue
2:10:25
doing everything you've been doing, then you need to take
2:10:28
legal action. It's up to you.
2:10:31
Yes, ma'am. I.
2:10:34
Understand now your attorney has said you know you're not a
2:10:37
violent person. Well, you got a really bad
2:10:42
criminal history. It's not the worst I've seen in
2:10:44
terms of the charges, but you apparently don't like police.
2:10:48
You obstructed and put them in danger multiple, multiple times.
2:10:52
You've had firearms in your possession, you interfere or
2:10:58
malicious use of telecommunication service.
2:11:00
That tells me something. We've got assault, battery,
2:11:03
misdemeanor. You had controlled substances,
2:11:06
but looks like you're sort of past that.
2:11:08
You haven't done that in a couple of years, at least
2:11:11
according to the law. I don't know what you've really
2:11:13
done. And then there's malicious
2:11:15
destruction, property of fire or police property.
2:11:19
I I mean, there is some I've had to differ with your counsel in
2:11:23
terms of him being a safe, nonviolent human.
2:11:27
I think he's got some issues. I think they probably stem from
2:11:30
his childhood. And we're going to deal with
2:11:32
that. And let me just say on behalf of
2:11:34
the people, if you want to send someone to jail for six months
2:11:38
or a year to make that part of the plea, don't tell me how
2:11:41
terrible this is when he gets. Pled.
2:11:45
To county cap because that's just there was there was nothing
2:11:51
saying he gets any jail that wasn't part of the plea and I'm
2:11:54
not going to give it to him. And just to clarify, Your Honor,
2:11:57
this was a plea done. In the district.
2:11:59
Court. Not.
2:12:00
Well, the District Court needs to have a lesson.
2:12:02
I do not prefer that they do my pleas because they messed them
2:12:05
up all the time. They have no clue what we're
2:12:07
doing here. No clue.
2:12:10
And so this, I'm not blaming you personally, but the message has
2:12:13
to be sent because this is two different messages.
2:12:19
Then I have to wait on the side of the defendant on this until
2:12:26
he proves otherwise. And then it may not be jail.
2:12:28
Sir, I can send you to prison and then you can go to your kids
2:12:31
graduations. So this is up to you.
2:12:35
If you want to be the man that your kids need, stay on the
2:12:38
right side of the law. I have some respect for the law,
2:12:40
for law enforcement, for your community, because otherwise
2:12:45
you're not wearing that fancy sweatshirt that I like so much.
2:12:49
You can be wearing a jumpsuit. Choice is yours.
2:12:55
So you've got 24 months probation.
2:12:58
As to jail, you will serve two days, which you've already
2:13:03
served, but you have 365 days. You'll serve the two days and
2:13:08
the balance is held. So right now, you're a free man
2:13:12
as long as you comply with probation, do the right things
2:13:16
and are respectful. If not, you're brought before
2:13:19
this court. I look at your record.
2:13:22
Things might not go so well for you.
2:13:24
Sir, you have choices to make. You can either raise those kids
2:13:29
in person, or you can write them postcards from prison.
2:13:34
Raise my babies in person approach.
2:13:37
Buy a penny. But I promise that was made
2:13:40
there. I would be a very wealthy woman.
2:13:42
I would have more money than Trump at.
2:13:44
The timeline. Well, no, I don't have to see
2:13:48
the timeline because I got what, 27 times or something that
2:13:51
you've been in front of judges. Nonetheless, here's what I deal
2:13:55
with. I deal with evidence.
2:13:58
So you come back someday and show me the great things you've
2:14:00
done. We'll take a picture with.
2:14:02
You and your kids. OK, you show them that you can
2:14:07
get into some trouble, but you make.
2:14:08
Amends. And you learn.
2:14:11
These are all teachable moments. This is the end of the road for
2:14:14
your teachable moments, Sir, because the next time you learn
2:14:17
something, it may very well be in prison with the warden you
2:14:20
choose. Yes, ma'am, we clear.
2:14:22
Yes. Ma'am, great.
2:14:24
Because this is a gift today. You won't be.
2:14:26
Yet another phone judge is going to look at this down the road
2:14:31
and say, my gosh, why hasn't he gone to prison?
2:14:34
It's time, so if you have 24 months probation, you shall not
2:14:38
use. Possess a consumer.
2:14:39
Purchase or be in the presence of alcohol, illegal drugs, or
2:14:42
drug paraphernalia. If you have the need for any of
2:14:45
those things, you'll present a prescription to a license
2:14:47
medical physician within 24 hours.
2:14:51
You will advise us of all medications you're on within 24
2:14:55
hours. That would include the
2:14:56
psychotropic medication, if any. Doesn't sound like you're on
2:14:59
any, but if you are ever on anything like that, you will
2:15:04
take those meds as prescribed, only changing them with your
2:15:08
doctor's approval and work with your doctor.
2:15:11
And again, let us know you'll sign releases so that we can
2:15:15
verify that you're doing what you need to do.
2:15:16
You will take a long term batterer's intervention class
2:15:21
along with cognitive behavioral. No weapons, no guns, no
2:15:26
ammunition, Not in your presence, on your person under
2:15:29
your control. You will allow probation to
2:15:32
search your residence, cell phone, garage, vehicle, whatever
2:15:40
they need to search if they believe that you are violating
2:15:44
probation. That would be without a warrant.
2:15:46
You will not have any assault and behavior, verbal or
2:15:50
physical, with anyone. When was the last time you used
2:15:56
illegal drugs or alcohol? Use alcohol for you.
2:16:01
Okay. Good.
2:16:03
You will remain employed, and if at any time you're unemployed,
2:16:08
you'll be part of a work seat program.
2:16:09
You will not give your employer any cause to terminate you.
2:16:13
They'll report probation as often as they require, but no
2:16:17
less than time per month. You will keep us surprised of
2:16:21
any change of address, cell phone employment, personal
2:16:24
protection, or replace that new contact with police.
2:16:27
Do you understand that? Yes, ma'am.
2:16:29
All right. You will pay $130.00 crime
2:16:34
victims, you'll pay a $60.00 state cost.
2:16:37
And tell me about your bills. You're able to pay bills or not?
2:16:44
Barely. All right, so I'm waiving
2:16:46
probation oversight fees and you can arrange payment plan for the
2:16:49
$198 that are mandatory. I'm waving all other fines about
2:16:55
attorney fees. They'll be a continued no
2:16:58
contact order with Jessica Amanda Thompson except for court
2:17:02
should he proceed. To go to court.
2:17:04
For their daughter and he will not be within 1000 feet of her
2:17:11
work, school residents, replacement employment or
2:17:14
extended family. And again the daughter would be
2:17:18
at the once deemed his daughter will be as required or allowed.
2:17:28
But the Family Division. But if he is in violation of
2:17:33
probation, he will see neither child until he's compliant again
2:17:38
so that we don't put a child in harm's way.
2:17:41
And additionally, Sir, what's what's going on with you?
2:17:44
Why are you so angry? Is it because of how you grew
2:17:46
up? You didn't what?
2:17:48
What happened? Well, I mean, to be honest, I
2:17:51
don't know. Like I just like if it weren't
2:17:54
for my kids, I know for a fact. I'd be in for me for.
2:17:57
Something else it wouldn't be this.
2:17:58
OK, tell me why you didn't. You were not born to say I'm
2:18:01
going to be the rest of my life in front of a judge.
2:18:03
What happened? Do you know what happened in
2:18:05
your life? What are you mad about?
2:18:11
OK, so I want him to, as part of the treatment, whether it's in
2:18:16
the domestic violence treatment or in the cognitive, I want him
2:18:19
to go through trauma based treatment.
2:18:23
Sir, you got to let go of some of that.
2:18:25
Things don't happen to you, they happen for you.
2:18:28
And now how this works for you is to look at, OK, I suffered
2:18:33
all these things, now I'm going to be the best citizen and dad
2:18:36
and can be stopped with anger because all that's doing is
2:18:40
beating you down further. And I think you're ready to rise
2:18:43
above. But you might need some help to
2:18:45
do that because you have to come to terms with all of that stuff
2:18:49
that should not have happened to you.
2:18:51
And I'm sure there's a layer. Of anger.
2:18:53
There, you're acting out. But the only one that's getting
2:18:56
hurt first and foremost is you. And if you're not your own best
2:18:59
friend first, you can't help anybody, including your
2:19:03
children. So let's get all these issues
2:19:05
handled. Can you do that?
2:19:07
Yes, ma'am. Yes, ma'am.
2:19:11
Ready to have miss? Hey, your honor.
2:19:15
No, not for the best. Thank you.
2:19:17
You have 42 days to appeal to request the public counsel, No.
2:19:22
Not for any other. You're waiting for me.
2:19:25
I know. Not.
2:19:26
Like, oh, they're not there. No.
2:19:28
No, let me use the last one. No, somebody, just.
2:19:32
There were plenty of I don't know which one.
2:19:36
Well we were using the ALMO. They just got moved.
2:19:38
They just have to be re put everyone.
2:19:41
All right. So Sir, if you're going to have
2:19:43
to do this, you certainly can feel you have 42 days right now
2:19:46
is receiving that OK? So go downstairs now and they
2:19:49
can keep your appointments with probation date.
2:19:52
Do not chase you. You chase that you need to
2:19:54
change an appointment, you change it.
2:19:58
Have any questions about what I mean?
2:20:01
Sir? Again, this probation is for
2:20:04
you. Jail is a punishment.
2:20:05
Prison is a punishment. Probation is for you to heal and
2:20:10
be a good part of our community and hopefully a role model to
2:20:14
your children. The choice is yours.
2:20:18
Good luck to you. Thank you.
2:20:20
Thank you. TCF live on a Monday friends,
2:20:26
may the fourth Star Wars day. I don't know if you noticed
2:20:29
behind me, but I swapped out most of my Legos for the
2:20:34
majority of our Star Wars Legos. Actually, I don't even know if
2:20:36
it's the majority, probably about 45% of our Star Wars
2:20:39
Legos, honestly. But but yeah, celebrate, at
2:20:45
least celebrate what Star Wars used to be.
2:20:47
I'm not sure what it is anymore, but it used to be something
2:20:50
wonderful for sure. Anywho, let's let's go back to
2:20:54
Judge Prill's court over in the Thumb because he has somebody in
2:20:59
front of him who is in an MDOC jumpsuit.
2:21:02
You don't normally see them in the courtroom in MDOC attire,
2:21:06
but here we are. 257274 FH Timedesa for re sentencing
2:21:12
Defendants present represented by bigger steps with peers in
2:21:17
courtroom and as Kimberly a Bear's death people are
2:21:20
represented by Prosecuting Attorney Tim Jay Rakowski.
2:21:23
This matter has come before the court for resentencing and
2:21:26
hearing had been previously held relative to the previous
2:21:29
sentencing of this matter and as a result of the hearing a new
2:21:32
sentencing has been ordered as well as updated for a new
2:21:38
Presets investigation report. Miss Victor said that you and
2:21:41
your climbing the opportunity to the report.
2:21:44
Any additions, deletions, corrections, or objections to
2:21:47
the report. Your Honor, the credit days will
2:21:51
be off because he's obviously served quite a bit since then,
2:21:56
but I assume we'll take care of that when you're done with the
2:21:58
resentence. Let's let's address it right
2:22:00
now. I believe you would have 372 for
2:22:04
credit. 145 needs to be changed. The sentence date.
2:22:07
Also needs change, can be 145 does. 372 sound about accurate.
2:22:11
Yes it does. OK.
2:22:13
Great. Any objection, Mr. Rutkowski?
2:22:15
No objection, you're right. OK, thank you.
2:22:18
Anything else relative to no object?
2:22:21
Any objections of the guidelines?
2:22:22
No, judge, do you agree? With all that, Sir, yes, you're
2:22:25
right. Thank you.
2:22:26
Mr. Rakowski, any objection to the report as well as
2:22:28
guidelines? No, you're right.
2:22:30
Thank you. Miss Picker said.
2:22:31
What would you like to say to have?
2:22:32
Your client before the court proposes.
2:22:34
That. Thank you, Judge.
2:22:36
He was operating while intoxicated with two kids in the
2:22:39
car and I certainly don't mean to minimize that, but his
2:22:43
girlfriend was in the car with him too and she's here along
2:22:46
with her child. Those two children got had
2:22:49
gotten in a flight autistic children at the home prior and
2:22:52
he needed to go home because they were actually physically.
2:22:55
Fighting. They called the boy's mother.
2:22:58
The boy's mother was unable to come and get him and the car was
2:23:01
a stick shift. So Mr. Mr. Thomas was the only
2:23:04
one really who could take care of that situation.
2:23:07
He drove almost 20 minutes when the boys started fighting in the
2:23:10
back of the car again and he turned around and yelled at them
2:23:14
and that that caused a call to his mother and saying that
2:23:19
Mister Thomas was dangerously driving along the road.
2:23:22
He was met by a police officer along the way.
2:23:25
There was no accident. There was no swerving.
2:23:28
There was nobody indicating that he was a dangerous driver.
2:23:31
And like I said, Miss Hicks is here today.
2:23:36
When originally sentenced, the parties, the prosecutor and the
2:23:40
defense had agreed to TRC and Your Honor, seemed to be
2:23:44
inclined to sentence him to that.
2:23:46
You said at the prior sentencing, I would send him to
2:23:49
TRC in a heartbeat, but I have to follow the law here.
2:23:53
That's why the sentence is MDOC and the law didn't actually say
2:23:57
that he had to go to MDOC. So now his new guidelines are 12
2:24:01
to 36 months. And because it's a re
2:24:04
sentencing, I would ask you to consider the mitigating factors
2:24:07
that weren't submitted previously as well as his
2:24:11
behavior since he's been in MDOC, which could be considered
2:24:14
by this court, you know, judgement.
2:24:16
Speaking of the offender, I I've had a lot of re sentencings and
2:24:21
no one is really more deserving of a mitigation to his sentence
2:24:26
than than Mr. Thomas. He's had a very difficult life.
2:24:30
Born to a horrid heroin addicted mother, never knew his father.
2:24:36
Devastated when his mother turned basically abandoned them
2:24:39
to foster care. The first foster home he was in
2:24:42
he was sexually assaulted another where he ended up for
2:24:46
quite some time. The mother was a schizophrenic
2:24:48
addict and she OD so very troubled history obviously which
2:24:53
led to the drugs and or the alcohol in order to cope with
2:24:59
cope with his unprocessed trauma.
2:25:01
Just prior to this incident, his wife of seven years was lost to
2:25:06
another tragedy. She was given a Percocet by a
2:25:09
supposed friend and it was actually pressed fentanyl and
2:25:13
she died. So this doesn't.
2:25:15
Excuse his behavior, Honor. Obviously it's a very serious
2:25:19
offense and something that needs to be considered, but I ask that
2:25:23
you consider Corey in his life as well.
2:25:26
Currently he's completed a SAB, which is, excuse me, the
2:25:30
advanced substance abuse training within MDOC, receiving
2:25:34
excellent and good remarks. He's had three jobs since he's
2:25:38
been there. His most recent job he's
2:25:39
actually outside the prison gates working in their
2:25:43
distribution Center for the prison.
2:25:46
The two that he's received remarks on were both excellent,
2:25:49
including one where he got a 39 out of 39 for his his job, his
2:25:54
job status there. And I would ask your Honor to
2:25:56
consider a sentence at the bottom of the guidelines based
2:25:59
on these factors. Does your plan was to address
2:26:03
the court? I believe he does.
2:26:05
Sir, we'll take a second. Good morning, Your honor.
2:26:08
First of all, I'd just. Like to take a second and thank
2:26:10
everybody for their time and situation this morning.
2:26:15
I guess one of the most important things that I'd like
2:26:18
the court to know is that I do have general remorse because of
2:26:23
fear and the, you know, danger that I put other people at.
2:26:27
And I take full responsibility for that.
2:26:30
Taking full responsibility for that to me means doing something
2:26:34
about it, and that's what I've done with my time since I left
2:26:38
here, Mr. Baker staff said. I've had three jobs, two of
2:26:41
which I work outside the crazy gates.
2:26:44
I've I've attended a A on a consistent basis each week.
2:26:49
I pulled my heart and soul into completion of the advanced
2:26:52
substance abuse treatment program and I provide the final
2:26:57
report for your honor to review for the courts to have as well
2:27:02
as the number one thing that I've done is not only worked on
2:27:07
but customized A relapse prevention plan which I didn't
2:27:11
have prior to this. It consists of six things which
2:27:15
can make the difficulties in life and choices that come at me
2:27:19
somewhat simple, and those six things I practiced and used
2:27:22
every day that's taken a moment to stop and think.
2:27:27
Being deliberate about people, places and things.
2:27:31
Making sure that my reactions and my thoughts are objective.
2:27:35
Asking for help. Whenever I can using substitutes
2:27:40
such. As.
2:27:41
A quiet time every day, going outside, working out.
2:27:47
And. Really just staying focused.
2:27:49
Coaching. Myself.
2:27:50
When? Hard times come speaking to
2:27:51
myself about what I need to be doing today I stand in front of
2:27:57
you going, my head held high, saying that I've been sober for
2:28:00
over. Over a year.
2:28:02
Clean and sober and that, and I'm proud of that.
2:28:05
I know now, today, that addiction is part of who I.
2:28:09
AM. But just like an.
2:28:11
Individual that has diabetes, I can manage my addiction if I do
2:28:15
these things but you know my addiction is not it's not my
2:28:21
sobriety is not a destination it's a journey for the rest of
2:28:24
my life. I have to practice this thing
2:28:27
and if I do that then I can continue to be successful.
2:28:32
One of the number one things I hear about every day in prison
2:28:35
is what people are going to do when they go home and what
2:28:38
they're going to have and, and what their future is going to
2:28:41
look like. When I think about going home,
2:28:44
you know, as as she mentioned to your honor, my wife passed away
2:28:48
about 5 months before I, I, I relapsed and caught this DUI.
2:28:51
So going humble would never be the same to me.
2:28:54
But I have the most precious thing she ever gave me, and
2:28:58
that's my daughter and my daughter has my grandkids and
2:29:00
they're still behind me. Well, I think about my future.
2:29:04
One of the things my dad used to say to me all the time comes to
2:29:06
mind. You say, if you want to do
2:29:09
something well then find others that are good at that and hang
2:29:13
around them. So the number one thing I plan
2:29:15
on doing whenever I serve my time and fulfill the settings of
2:29:19
this court is reconnecting with my brothers and sisters in the,
2:29:24
in the recovery community, Pier 360, going to a a making sure
2:29:28
that I get a job and continue to work and provide for my, my, my
2:29:33
daughter and grandkids. You know, as far as having
2:29:39
people behind me and having them that, that, that structure to,
2:29:43
to build on the foundation that I've already made in that
2:29:47
relapsed religion plan. And there's no doubt in my mind
2:29:50
that I can be a productive part of society and move forward
2:29:55
because I've already used that foundation to stay clean and
2:29:58
sober and ticket free. And one of the hardest.
2:30:00
Places on Earth, you're on it. And that's the prison.
2:30:04
I thank you for letting me speak and I welcome any questions you
2:30:06
might have. Thank you.
2:30:08
Your prior prison sentences, were you offering the same
2:30:11
programs? No, Sir, I I did.
2:30:14
Take the, I did take the ASAP program before, but I did not
2:30:18
have, I did not take time to customize and really build on
2:30:23
the relapse prevention plan. And that's one of the things
2:30:26
that the supervisor, Mr. Graham spoke about.
2:30:30
He really took some time to do one on ones with me.
2:30:33
And you know, I, I asked one of my biggest questions was what's
2:30:37
what's going to be different? What's going to And he was like,
2:30:40
well, you have to practice these things every day.
2:30:43
And that's, you know, I realized that it's this time in this
2:30:46
county jail. And the time.
2:30:48
That I spent in prison. They gave me back to my
2:30:50
daughter, and not only me, back to my daughter, but back to my
2:30:54
grandkids and then back to me. But I have to practice these
2:30:57
things. Without those things, my
2:30:59
addiction is over in the corner doing push ups, just waiting on
2:31:02
them. It's part of who I am.
2:31:04
So I have to continuously do these things even when the rain
2:31:07
lets up and things get better. I can't be like, oh, I've made
2:31:10
it, I've never made it. I have to constantly practice
2:31:14
those six months. Portable occupants in the car,
2:31:16
correct? Yeah, sure.
2:31:18
The other the other adults whom Jamie Hicks.
2:31:22
Why didn't she? The car that had her father
2:31:24
recently had passed away and the car that was left to her by her
2:31:27
mother was a manual. And.
2:31:31
She hadn't quite learned to drive the manual yet.
2:31:34
It's something that we were supposed to work on together.
2:31:37
When I drink, I make poor decisions.
2:31:39
And. She didn't see me physically
2:31:41
drinking that day and so when she asked me to drive, if I
2:31:46
hadn't been drinking, I would have been like, that's not a
2:31:48
good idea. I understand that we need to
2:31:50
resolve the situation with the children, but I I can't drive.
2:31:53
It's not. And you can't.
2:31:55
Drive that car so we have to figure something out.
2:31:57
But why didn't you think about that before you got behind the
2:32:00
wheel? I'm an addict.
2:32:03
I make poor decisions when I get alcohol.
2:32:05
In my system. Consuming alcohol is different.
2:32:10
If you make the choice to consume alcohol, that's one
2:32:13
thing. I understand the addiction
2:32:15
there, understand substance use disorder, but how does that
2:32:19
translate and saying, you know what, I'm going to go pick up
2:32:22
two children and have another adult in the car with a blood
2:32:25
alcohol level of .224. How do you, how do you say that
2:32:29
that's addiction to get behind the wheel because I'm not
2:32:33
blaming it on addiction like our subject, full responsibility.
2:32:36
You're on it. Had I been in my right mind, I
2:32:41
may have been able to take. Like I said, one of those steps
2:32:44
is stop and think. Take a moment to stop and think.
2:32:47
But instead I was like oh. Yeah, I'll help.
2:32:49
I'll do it. I'll.
2:32:50
Give me the keys, I'll drop. Poor decision.
2:32:54
No excuse. No excuse whatsoever.
2:32:57
Poor decision my. Fault. 100% appreciate that.
2:33:01
Thank you, Sir. Mr. Rykowski, on behalf of the
2:33:03
people. Why do we ask to take into?
2:33:05
Account my statements from. The previous.
2:33:07
Sentencing. The court already pointed out
2:33:09
the blood alcohol was .2 and as far as the reason for the stop,
2:33:14
I mean, child called his mother saying he was scared about the
2:33:17
driving. But other than that, we asked to
2:33:19
fashion fair and just sentence. Right.
2:33:23
All right, a couple of things to clear out at first, when when
2:33:26
the court made a statement about this the second time, court
2:33:30
misspoke. And I, I admit, I admit to that.
2:33:33
I was confused because I was thinking of the two children in
2:33:36
the car. That's why the tube came up.
2:33:39
Also, you've had two prior prison sentences for the same
2:33:43
behavior, not involving a child in the vehicle but operating
2:33:46
while intoxicated. Third, also, the court made the
2:33:50
statement brought up by Miss Dickerstead about following the
2:33:53
law. And I should have said follow
2:33:55
the precedence of this court, the precedent of this court and
2:34:00
the law allowed for probationary sentence.
2:34:03
There's no question about that. The law considers as well the
2:34:09
sobriety court program. But one thing to consider, a few
2:34:13
things to consider, the history of the defendant with drinking
2:34:19
and driving is significant. 1997 operating while intoxicated,
2:34:24
discharged from probation without improvement. 2003
2:34:28
operating while intoxicated, completed probation O 8
2:34:33
Operating while visibly impaired, placed on probation O
2:34:37
9 Operating while intoxicated third.
2:34:40
There was a violation of probation based upon new felony
2:34:43
behavior to with another drinking and driving conviction
2:34:46
in 2011 Operating while intoxicated, third offense.
2:34:50
There he was given jail and probation. 2017 operating while
2:34:54
intoxicated third offense prison parole violation. 2021 operating
2:35:00
while intoxicated, third while on parole.
2:35:03
There he was given a 20 month to five year sentence discharged on
2:35:07
January 22nd of last year. The new charge is possibly four
2:35:13
months. So the new charge that you are
2:35:16
here before this court SO4 prior felony OW is 13 prior jail terms
2:35:24
2 prior prison sentence violated parole.
2:35:27
Previously, the offense occurred approximately 4 months after the
2:35:31
beginning of parole, drove reckless according to the
2:35:35
information provided in the pre sentence report, with two minor
2:35:39
occupants in the vehicle and the child calling expressing fear
2:35:45
the. Court.
2:35:45
Has to also consider the defendant's history, which the
2:35:48
court has had ample opportunity to hear.
2:35:51
We're hearing from an individual who has an associate's degree
2:35:54
that has college debt actually still only and so a very
2:35:58
intelligent individual, only 45 years of age.
2:36:02
Clearly substance use disorder is the issue.
2:36:05
And the question is, well, why can't he be placed in the TRSC
2:36:09
program as an example. And the court did consider that
2:36:14
and, and the court still considers it, but you have to
2:36:17
consider the history in O 9. He completed residential
2:36:21
treatment in 2011. He went back but left without
2:36:24
permission and he was referred to substance use treatment but
2:36:30
never completed it. So maybe just a little over
2:36:33
three months of treatment, but the services were offered to the
2:36:38
defendant and the defendant took whatever advantage he wanted of
2:36:42
the programs or didn't take advantage of the program.
2:36:45
But it shows the court that you have been given opportunities to
2:36:51
prove you can be a productive member of society.
2:36:55
And but we are having repeat behavior.
2:36:59
And I go back to the point where and you stated just a few
2:37:04
moments ago that the person that was seated next to you didn't
2:37:08
know you were drinking earlier in the day and a stick shift
2:37:12
that that may make sense, but you had a blood alcohol of .224,
2:37:17
almost three times the legal limit.
2:37:20
Where a special needs child calls her own mother expressing
2:37:26
fear of being inside that vehicle.
2:37:29
And to the court, drinking and driving, repeated, repeated,
2:37:34
repeated, maybe drug treatment or substance use disorder
2:37:37
treatment, TRSC would be a good thing.
2:37:40
Or TRRS or TRSC. It is TRSC, but you've been
2:37:43
given those opportunities before.
2:37:45
Had you been alone in the vehicle, this would be a
2:37:48
completely different situation. But you had two minor children
2:37:52
with special needs, one of which expressed significant fear
2:37:56
because of your operating motor vehicle.
2:37:58
And that has to be addressed. It has to be addressed.
2:38:01
Guideline ranges 12 to 36. You were requesting the 12
2:38:04
months, which is understandable because at least by the 12
2:38:07
months you've completed those those terms with 372 days in the
2:38:13
county jail. That would pretty much or the,
2:38:16
the time that you've been either not on bond but in in the prison
2:38:20
system. That would make sense under the
2:38:22
circumstances. But here I have to look at the
2:38:26
conscious decision you made to get behind the wheel of a
2:38:30
vehicle with other people in the.
2:38:32
Car. That's what this case boils down
2:38:35
to. Had it been yourself, it might
2:38:37
be a different story, but you put other people's lives at
2:38:41
stake of which you need to be held accountable.
2:38:44
It will be the sense of this court that you'd be recommitted
2:38:47
to the Michigan Corrections Commission, placed in the
2:38:49
commission's custody for a period, and I'll go with the
2:38:52
recommendation. 18 months to 10 years credit for 372 days
2:38:56
previously served. Crime victims assessment of
2:38:59
$130.00 will be ordered. Court costs of $200 paid, it'll
2:39:05
be $200, a fine of 100 dollars, $68 in state costs will be
2:39:10
ordered as well. Secretary of State will take
2:39:13
appropriate license sanctions and you're going to be up pretty
2:39:18
soon. And it sounds like that the
2:39:21
programs that you were completing or involved in at
2:39:25
Department of Directions have been helpful.
2:39:27
Let's hope they're so helpful that I never see you in this
2:39:29
building or any circuit board again, because next time it
2:39:34
could be a life that you're dealing with and you don't.
2:39:37
Want that? There's no punishment that a
2:39:40
court could give or sentence a court could give that'll bring
2:39:43
back the life of a minor child or anyone that's subject to your
2:39:47
hands of operating a motor vehicle blitzed no more.
2:39:52
There's no reason to drive you. You consume alcohol, consume to
2:39:57
your heart's content, but throw the keys away.
2:40:00
Don't get behind the wheel, especially if there are other
2:40:03
people in the vehicle. It's my duty to inform you of
2:40:05
the right to seek leads. You appeal.
2:40:07
If you're financially able to provide counsel your own choice.
2:40:09
Corporal assigned counsel for you public expense.
2:40:12
Please initial the receipt and questionnaire form requesting
2:40:14
the assignment council, both of which must be executed Underoath
2:40:18
and filed a court report for you today.
2:40:20
Yes, for probation. Our attorney, please.
2:40:23
I'm waiting. Attorney, please.
2:40:23
Thank you. For being.
2:40:26
We work $100 in cars and 100. It's been, yeah, that's all way.
2:40:31
So this. Is this is an additional?
2:40:34
Nope, not additional. So.
2:40:36
It's places. So then the only.
2:40:41
Crime. Victims.
2:40:42
Yes, OK. $68 in state costs OK crime victims fee.
2:40:46
OK. Yeah.
2:40:48
All right, good. Luck to you, Sir.
2:40:50
Off the right. TCF Live.
2:40:54
It's Monday morning. Happy Monday to all of you.
2:40:57
I hope you're having a good day and thank you for spending a
2:40:59
little bit of it with us. We are now entering hour 4.
2:41:03
Let's go. Let's go back to Judge O Yeah,
2:41:07
Judge O'Donnell in Ohio. See what's going on there?
2:41:10
Skybridge, thank you, Honor. Before you today I'm state
2:41:15
versus Clarence Byrd, File 25 CR 1175.
2:41:19
We're here today for a change of lead as anticipated by the state
2:41:23
of Ohio that the federal withdraws previous letter,
2:41:25
please if not guilty and then are pleased if guilty to counts
2:41:28
one and two and then exchange, the state of Ohio will ask this
2:41:31
court to dismiss the remaining counts and sentencing.
2:41:34
Other than what's? Been spread by the record.
2:41:35
No threats or promises were made.
2:41:37
That is defendant to induces plea.
2:41:38
Thank you. You said one and two.
2:41:42
Yeah. Or am I wrong?
2:41:45
All right, all right. Yeah.
2:41:52
OK. Thomas Zick.
2:41:55
That is all accurate, Your Honor.
2:41:56
All right, Mr. Byrd, How? Old are you about?
2:41:59
35. How far did you go through
2:42:01
school? 11th grade.
2:42:03
Are you AUS citizen? Yes Sir.
2:42:04
Are you able to read, write and understand the English language?
2:42:07
Yes Sir. Prior to coming to court, have
2:42:09
you taken any drugs or alcohol or any prescription medication
2:42:12
in the last 48 hours? No Sir, have.
2:42:15
You ever been diagnosed with or treated for any mental illness?
2:42:18
No, Sir. Did you get a copy of this
2:42:20
indictment? Yes, Sir, it's.
2:42:22
Been represented to me, you're going to plead guilty to count 1
2:42:24
trafficking cocaine, a felony 5, and count 2 trafficking cocaine
2:42:28
felony 3, and then the rest of the charges would be dismissed
2:42:31
at sentencing. Is that your understanding?
2:42:33
Yes, Sir. Before I accept your guilty
2:42:37
plea, I need to determine that you know and understand the
2:42:39
constitutional rights you'll be waiting, the consequences of
2:42:42
your guilty plea, and the maximum penalty I could give
2:42:45
you. And I need to be satisfied that
2:42:47
you're guilty pleas being made freely, knowingly and
2:42:49
voluntarily. I'm going to ask you some
2:42:52
questions. If you don't understand a
2:42:53
question, stop me. If you want to talk to Miss
2:42:55
Thomas some more, let me know and I'll give you more time.
2:42:57
You understand that? Yes, Sir, you have a
2:43:00
constitutional right to have a trial either to me or to a jury
2:43:03
of 12 Lake County citizens. Do you understand that right?
2:43:06
Yes, Sir. Are you waving that right?
2:43:08
No, Sir, Yes, Sir. All right, All right.
2:43:14
If you go to a jury trial, all 12 members must agree to a
2:43:17
guilty verdict before you can be found guilty.
2:43:19
Do you understand that right? Yes, Sir.
2:43:21
Are you waving that right? Yes, Sir.
2:43:23
If you go to trial, the prosecutor will call witnesses
2:43:26
to testify against you. Do you understand the prosecutor
2:43:29
must prove you guilty beyond a reasonable doubt at a trial?
2:43:32
Yes, Sir. After the witnesses are done
2:43:34
testifying for the prosecutor, you have the constitutional
2:43:36
right to have your lawyer cross examine the witnesses.
2:43:39
Do you understand that right? Yes, Sir.
2:43:41
Are you waiving that right? Yes, Sir.
2:43:43
If you go to trial, you have the right to have witnesses come
2:43:46
here and testify for you. Do you understand that right?
2:43:49
Yes, Sir. Are you waving that right?
2:43:51
Yes, Sir. If those witnesses refuse to
2:43:53
come to court, I'll issue an order, call the subpoena to make
2:43:56
them testify. Do you understand that right?
2:43:58
Yes, Sir. Are you waving that right?
2:44:00
Yes, Sir. You have the right to testify at
2:44:02
trial if you want to. Do you understand that right?
2:44:04
Yes, Sir. Are you waving that right?
2:44:06
Yes, Sir. You have the.
2:44:07
Constitutional right to not testify at trial if you do not
2:44:10
want to. Do you understand that right?
2:44:11
Yes, Sir. Are you waving that?
2:44:13
Right. Yes, Sir.
2:44:14
If you decide not to testify at trial, nobody is permitted to
2:44:17
comment on that decision. Do you understand that?
2:44:20
Yes, Sir. If you go to trial and you're
2:44:22
found guilty, you have the right to appeal the guilty finding.
2:44:25
Do you understand that right? Yes, Sir.
2:44:27
Are you waving that? Right.
2:44:28
Yes, Sir. If you file an appeal, you have
2:44:30
the constitutional right to have a lawyer represent you in the
2:44:32
appeal. Do you understand that right?
2:44:34
Yes, Sir. Are you waving that right?
2:44:36
Yes, Sir. If you could not afford to hire
2:44:38
a lawyer, one would be provided at no cost.
2:44:40
You do you understand that? Yes, Sir.
2:44:43
If you file an appeal, you're entitled to have a transcript of
2:44:45
all the hearings in this case. Do you understand that right?
2:44:47
Yes, Sir. Are you waving that right?
2:44:49
Yes, Sir, if. You could not afford a copy
2:44:51
those transcripts, They'd be given to you at no cost.
2:44:53
Do you understand that? Yes, Sir.
2:44:55
If you plead guilty today, you will not have the right to
2:44:57
appeal the guilty finding. Do you understand that?
2:45:00
Yes, Sir. Do you have any questions about
2:45:02
any of these rights? No, Sir, do.
2:45:04
You still want to plead guilty to these charges?
2:45:06
Yes, Sir. Do you understand?
2:45:07
By pleading guilty or fully admitting your guilt to the
2:45:10
charges? Yes, Sir.
2:45:12
Do you understand my pleading guilty to these felonies?
2:45:15
You're voluntarily giving up your freedom for whatever period
2:45:17
of time I could, sent you to prison, to jail or to community
2:45:20
control. Yes, Sir.
2:45:22
In count 1, tracking and cocaine is a felony 5 It carries a 12
2:45:26
month maximum prison sentence and a $2500 maximum fine.
2:45:30
Do you understand that? Yes, Sir.
2:45:32
In count 3, trafficking and cocaine is a felony. 3 It
2:45:37
carries a 36 month maximum prison sentence and a $10,000
2:45:42
maximum fine. Do you understand that?
2:45:44
Yes, Sir. That fine, the minimum is 5000,
2:45:47
the maximum is 10,000 on that count and that fine is
2:45:51
mandatory. Do you understand that?
2:45:53
Yes, Sir. There is also a presumption in
2:45:57
Count 3 or count 2 that a prison sentence should be imposed.
2:46:01
You must overcome that presumption that the time of
2:46:03
sentencing or a prison sentence will be imposed.
2:46:06
Do you understand that? Yes, Sir.
2:46:08
I could give you a consecutive sentence.
2:46:10
That means one sentence after another for the separate
2:46:12
offenses. If I did that, you face a
2:46:14
maximum prison term of 48 months and a maximum fine of $12,500.
2:46:20
Do you understand that? Yes, Sir.
2:46:22
My understanding there's also a voluntary forfeiture of all
2:46:25
contraband and $36143 in currency.
2:46:29
Is that your understanding? Yes, Sir.
2:46:31
Any question about the penalties?
2:46:33
Hello, Sir. All right.
2:46:34
Do you understand that your guilty plea may result in a
2:46:37
drivers license suspension in between six months and five
2:46:40
years? Yes, Sir, do.
2:46:41
You understand that your felony conviction will prevent you from
2:46:44
owning or possessing a firearm. Yes, Sir.
2:46:47
Do you understand if a prison sentence is imposed in this
2:46:49
case, you might have to serve a period of post release control
2:46:52
as part of this sentence for up to two years under the parole
2:46:55
authority. Yes, Sir.
2:46:56
If you are placed on post release control and violate any
2:46:59
conditions of parole, authority could send you back to prison
2:47:01
for up to nine months for each violation.
2:47:03
Up to 1/2 of my sentence. Do you understand?
2:47:05
That yes, Sir. If that violation is a new
2:47:08
felony, you could get an additional consecutive prison
2:47:10
sentence for the violation. Do you understand that?
2:47:13
Yes, Sir. And if that were to occur, the
2:47:14
maximum prison sentence for the violation would be the greater
2:47:17
of 12 months or the time left under post release control.
2:47:20
Do you understand? That yes, Sir.
2:47:22
Do you understand that if a prison term is imposed, you are
2:47:25
eligible for judicial release? Yes, Sir.
2:47:28
I could place you on community control for up to 5 five years,
2:47:31
but if you violate any conditions, I could send you to
2:47:33
prison for 48 months. Do you understand?
2:47:35
That yes, Sir. Has anybody promised you I would
2:47:37
be lenient on you just because you're pleading guilty today?
2:47:40
No, Sir. Has anybody promised you what I
2:47:42
will sentence you to in this case?
2:47:44
No, Sir, do. You understand I do not have to
2:47:46
follow the sentencing recommendation of either the
2:47:48
prosecutor or your lawyer. Yes, Sir.
2:47:51
Have you had enough time to talk to Miss Tom?
2:47:53
Is it before pleading guilty today?
2:47:55
Yes, Sir. Has she discussed everything
2:47:57
about your case and answered all of your questions?
2:47:59
Yes, Sir. Are you satisfied with the
2:48:01
advice she is giving? Yes, Sir.
2:48:02
Have you been threatened or coerced in any way to plead
2:48:05
guilty today? No, Sir.
2:48:06
Are you freely, knowingly and voluntarily entering your guilty
2:48:09
plea? Yes, Sir.
2:48:10
Do you have any questions at this point?
2:48:12
No, Sir. Mr. Geiger case went to trial,
2:48:15
the evidence show. Thank your Honor, the evidence
2:48:17
would show that the defendant came the attention of Lake
2:48:20
County. The Narcotics agency was set up
2:48:25
for controlled buys by confidential informant.
2:48:28
First by occurred on July 15th, 2025 located at 2841 Bishop Rd.
2:48:36
in the city of Willoughby Hills Lake County, Ohio which is the
2:48:38
McDonald's deal was for 1/4 ounce of cocaine for $300.00 of
2:48:43
crack cocaine for $300. That deal did in fact occur.
2:48:47
The narcotics or something like County Crime Library test
2:48:50
positive for cocaine amount of 2.64g.
2:48:53
He was again targeted on August 8th, 2025, again at 2841 Bishop
2:49:00
Rd. will be Hills Lake County, Ohio, this time for 1/2 ounce
2:49:03
for six, cocaine for $600. That deal did in fact occur.
2:49:09
The defendant was arrested immediately following that by
2:49:14
where they recovered $3643 from his person. $600.00 of it was by
2:49:21
money, a phone and that was used for the deals and a baggie of
2:49:26
crack in his lap sock which was positive.
2:49:29
Sent to Lake County crime lab also along with the by
2:49:34
narcotics. The by narcotics tested positive
2:49:37
for cocaine amount of 13.75g and the cocaine in the sock was
2:49:42
4.34g. I mentioned that because it's
2:49:44
all subject to forfeiture and the defendant was arrested
2:49:48
immediately following. Thank you.
2:49:49
Thank you, Miss Thomas. Anything to add to those facts?
2:49:52
Nothing other facts are on it. Mr. Bird, did you hear what Mr.
2:49:54
Geiger said that the facts would show if the case went to a
2:49:57
trial? Yes, Sir.
2:49:58
And are those facts true? Yes, Sir.
2:50:02
What is your plea to count? 1.
2:50:03
Trafficking and cocaine, a felony 5.
2:50:06
Guilty. What is your plea to count?
2:50:08
2. Trafficking and cocaine, a
2:50:09
felony 3. Guilty.
2:50:11
What time is it for? The record I can review the
2:50:14
right and claim guilty. Of Mr. Bird.
2:50:16
Before coming in the courtroom, he's prepared to sign.
2:50:34
You're on For the record, Mr. Bird and myself sign the written
2:50:36
plea of guilty. All right, Mr. Bird, is this
2:50:48
your signature and this written plea of guilty?
2:50:50
Yes, Sir. Did you sign it voluntarily?
2:50:52
Yes, Sir, Do you? Want me to accept your written
2:50:54
plea of guilty? Yes Sir, we have to written to
2:50:58
be a guilty defendant who is present with counsel advised all
2:51:00
of his rights from knowing intelligent voluntary waiver.
2:51:03
He understands the nature of the charge of consequence of his
2:51:06
guilty plea in the maximum penalty plan to be knowing
2:51:09
intelligent, voluntary will accept the plea of guilty and
2:51:11
find him guilty. Count 1.
2:51:14
Trafficking in cocaine in felony 5.
2:51:16
Count 2. Trafficking in cocaine a felony
2:51:19
3. I refer this for a pre sentence
2:51:21
report. Sentencing will be June 10, 9:00
2:51:25
AM. Anything else, Mr. Geigerich?
2:51:28
Nothing error. Thanks.
2:51:29
It's time. Is it?
2:51:30
Nothing for order Honor. Thank you.
2:51:32
All. Right, all righty friends, we're
2:51:38
an hour for now of TCF Live. Just a programming note, we're
2:51:43
going to tack on an additional 20 or so minutes today because
2:51:48
in about an hour I can make a phone call and find out if
2:51:52
Misses TCF has to report this afternoon for jury duty or not.
2:51:57
She she did not make the morning group, but she is on call for
2:52:01
the afternoon. So I'm going to stay live until
2:52:04
I find that out because that's going to determine whether or
2:52:06
not we can do in the blind with Mike and Dan tonight, because if
2:52:09
she gets called in, we're not going to be able to do it.
2:52:12
So I will stay live until I know that answer.
2:52:14
So I know what to tell you guys. Let's go to Texas.
2:52:19
Judge Stevens. In this show, she pleaded guilty
2:52:25
on February 23rd. I don't have February 23rd 2020
2:52:31
sixth here on my screen to refer to just so.
2:52:35
You may have already. That's the the tweet papers
2:52:39
also. A little confusing judge because
2:52:41
she had two different sets of cases that are unrelated to each
2:52:44
other with two different lawyers, so that may be creating
2:52:48
some as well. But.
2:52:50
There is another case. We have two murder cases here.
2:52:53
Yes, judge, on different dates. Yes, judge.
2:52:56
And we're OK. I can head on 41222.
2:53:03
I've got nothing here. That's what the that's 12:45 is
2:53:06
for. 12:45 goes to that judge. She's admitting to committing
2:53:10
that one, but she pled to the other one.
2:53:11
Was this you? Yeah.
2:53:13
Yes, I didn't. I had AI.
2:53:15
Can't. Understand.
2:53:16
Thank you. Full name like gone B Stevens.
2:53:19
I would write it all in, but but you said there was another
2:53:22
lawyer involved. There's a, it was, there was a
2:53:25
other, it was a sexual assault as a child that she also pled to
2:53:28
and was already any other lawyers?
2:53:30
No, this year she's already been sentenced on that.
2:53:32
We were handling both of these. That's correct.
2:53:34
Independently correct invited murder cases on this lady.
2:53:41
What is our master plan We're asking you to follow the
2:53:44
agreement which is a cap for four years correct.
2:53:47
There's a there's a fun stuff in the pre sentence report, but
2:53:51
it's OK. I think she covered it in the
2:53:53
second memorandum that we were having trouble with her
2:53:57
accepting responsibility, but she did I think in the second
2:54:00
memorandum in each of this states, this states though that
2:54:05
41222 will be dismissed. Yes, but you're considering the
2:54:10
12:45 allows you to consider the punishment for it.
2:54:13
OK. But yes, I want to make sure
2:54:16
there's not going to be, there will be dispositions, but one
2:54:20
guilty disposition, one of those missile disposition called 2
2:54:27
cases, 22-40354 and 22-41222, The State of Texas versus Lace
2:54:34
Christian, that is you. Yes, Sir.
2:54:36
Present with Mr. Gertz, your attorney and the state's
2:54:39
attorney. Earlier you pleaded guilty in
2:54:43
cause #22-40354 to the first degree felony of murder, which
2:54:49
alleges that you shot the complainant with a deadly weapon
2:54:53
of namely A firearm killing the defendant, the complainant.
2:54:59
And that this is a first degree felony.
2:55:03
And a pre sentence report had been prepared and the parties
2:55:08
had an opportunity to review it. Are there any corrections or
2:55:13
changes to it? State of Texas?
2:55:15
Not from the state, yes. And defense?
2:55:17
No, Judge. Then it's made a part of this
2:55:22
hearing for all purposes. Now the agreement is whatever
2:55:27
sentence shall not exceed a cap of 40 years in prison.
2:55:31
That's so we are looking at no less than 5 nor more than 40
2:55:35
years confinement in prison. Yes, Judge and is deferred or
2:55:38
unadjudicated probation even on the an option that because of
2:55:42
the nature of the offense Judge and regular probation is
2:55:45
certainly not as well correct. So it is a flat time issue.
2:55:50
Yes, Sir. And one other case, 22412 that
2:55:56
will be dismissed as part of this agreement, but the court
2:56:05
can consider the facts under that case in making its decision
2:56:11
of the sentencing in this cause. Number 40354 and four 1222 is
2:56:18
and indictment handed up for the first degree felony of murders.
2:56:23
OK, State of Texas may open and. Close.
2:56:28
Go ahead. Judge, of course we're.
2:56:30
Asking for the 40 years, there's two homicides that she has
2:56:34
admitted to, one that she pled guilty to, 1 she's admitted to
2:56:37
in the 12:45 that she also committed that one.
2:56:40
So with two murders, it's easy to say 40 years is kind of
2:56:44
light, but due to the circumstances of everything we
2:56:49
looked at and talked about and the fact that she's accept.
2:56:53
Well. She's kind of accepting
2:56:54
responsibility. I'm going to get into that.
2:56:56
The problem I have with this whole thing is when she first
2:56:59
did the pre sentence report, she tried to go away from take not
2:57:03
taking responsibility. She didn't want to take
2:57:05
responsibility for this homicide.
2:57:07
Then she cleared it up and when she clears it up then she comes
2:57:10
back and tries to blame it on her friend who has never met
2:57:13
this man. She says that this man Russell
2:57:16
Rita pulled his penis out and tried to get her to do things
2:57:20
and so they ended up shooting and killing him.
2:57:23
But when this man was found, he was sitting in a easy chair with
2:57:27
his hands folded fully clothed, not looking like he had even
2:57:31
moved and was shot while he was actually sleeping on the easy
2:57:34
chair. And unless she took the time to
2:57:36
try to dress him back up and, and, and do all the things to
2:57:41
cover up what had happened, which doesn't make sense if
2:57:43
that's the reason why she's saying she killed him.
2:57:47
She also lied to the police whenever the police started
2:57:49
talking to her about whether she had gone back over there again.
2:57:51
We have surveillance video and also her GPS showing she went
2:57:54
back over to the house again with her friend to go take a
2:57:58
cell phone back and some and to I think to check on things.
2:58:02
The next day she says she went and tried to check on her
2:58:04
grandfather acting like she didn't do anything knocking on
2:58:07
the door. She said she knocked on the door
2:58:09
to see if he was there and he wasn't there and so or didn't
2:58:12
answer so she went to the neighbors.
2:58:13
But when you watch the videos she gets out of her car and
2:58:16
never goes to the door to knock because she knows he's dead.
2:58:19
She goes and and talks to the neighbors, acting like she never
2:58:22
knew anything happened. When you look at.
2:58:24
Everything this woman has done and every one of these offenses,
2:58:27
she has lied to every moment. She has just done everything.
2:58:31
The only thing she's telling the truth about in this court today
2:58:34
is going to be that she actually shot him and killed him.
2:58:38
That's it. And and I don't care about the
2:58:39
motive. I don't care about anything
2:58:41
else. She's admitting to doing it.
2:58:42
And, and so we're asking for the 40 years.
2:58:44
And she also admitted on Lonnie Scott, who was an Uber driver
2:58:49
that she had a one time sexual encounter with and then she's
2:58:55
admitted to actually killing him also.
2:58:57
So we'd ask for the 40 years. I don't think there's anything
2:59:00
less you can give her. We want people to just follow
2:59:02
the agreement at this point. Candidly, Judge, my client has
2:59:07
struggled. She's had a a lot of difficulty
2:59:11
in her life and has trouble trusting people.
2:59:16
And I think that has yielded a number of times in dealing with
2:59:21
the police and and the probation department where she she has not
2:59:25
been forthcoming in a way that that she has been with me.
2:59:29
But what I can tell the court is she has now in the sexual
2:59:35
assault cases and now in these cases is is here accepting
2:59:39
responsibility and we want the court to to follow the
2:59:43
agreement, please. All right.
2:59:46
Did you want to say anything, ma'am?
2:59:48
No. OK.
2:59:50
So I want to just clear it on be clear on a criminal history.
2:59:56
We've got this previous aggravated sexual assault of a
3:00:00
child conviction, correct? Yes, Sir.
3:00:02
And this was a sentence that occurred just recently.
3:00:06
Correct, your Honor. Where she received 12 years
3:00:09
imprisonment and this was an offense that had dated back to
3:00:13
2014, correct? Yes, that's correct.
3:00:20
The Court has reviewed the percentage report and a recent
3:00:28
memorandum supplementing this report submitted by the
3:00:34
Jefferson County Probation Office that was performed at the
3:00:41
request of the defense, which asked for a supplemental due to
3:00:48
statements that she had made during the interview.
3:00:51
And then there is what happened the day of the offense and I'm
3:00:57
going to ask from the probation is probation.
3:01:01
Officer here. That is the author's not hearing
3:01:04
all OK, all right, y'all have read it.
3:01:08
And there was some concern about the defendant pleading guilty
3:01:14
and then in her explanations of her version of the events,
3:01:20
seemingly not admitting responsibility for this.
3:01:25
So that was from the original pre sentence report.
3:01:30
So we supplemented this with a follow up.
3:01:35
And then in this report, the way I read this, I'm still confused.
3:01:44
It seems like she continues not to accept responsibility that
3:01:51
someone else is the one responsible.
3:01:55
Can we can that be explained for the record, because she's a
3:02:00
she's pleading guilty Underoath and I think we made it clear and
3:02:05
methodical, but it's as though she's pleading guilty with but
3:02:12
I'm really not as guilty as you might, but but as the court
3:02:17
knows, when you have these types of offenses, the one of the
3:02:23
things is that people get charged even as parties and they
3:02:27
don't have to be specifically said as a party or anything
3:02:29
else. I I'm not saying that's what's
3:02:31
happening here, but I am saying that had we gone to trial, she
3:02:35
is well aware that she was present.
3:02:37
She participated actively and I think she's having candidly sort
3:02:43
of a a mental block about really, really saying I'm the
3:02:49
one that pulled the trigger. But the reality is judge that
3:02:53
that she is accepting responsibility through her plea
3:02:57
and in recognition that she would be convicted as a party at
3:03:01
worst, even if those events are somehow how she described.
3:03:07
So is all of that true what he's saying?
3:03:09
Yes, you understand. You.
3:03:13
What's he what I understand Mr. Goetz is stating and then the
3:03:18
legal way he he does things, which is a good way and an
3:03:23
appropriate way. You have pleaded the the fact
3:03:28
the matter you have pleaded guilty and I'll ask you when you
3:03:31
pleaded guilty underoath to murder, are you pleading guilty
3:03:35
voluntarily? And because you are guilty, you
3:03:38
said yes. And do you understand that
3:03:42
someone can be guilty of murder by put willingly participating
3:03:49
in the act of the murder? And you admit that you at least
3:03:56
did that. And you did that voluntarily,
3:03:59
knowingly and accept responsibility for for being
3:04:05
part if if not completely responsible, at least being part
3:04:12
of the responsibility as a party to the offense, as the law
3:04:17
states, parties to an offense or culpable or can be held
3:04:23
responsible under law. All right, anything else to add
3:04:28
by anyone And just part of that. It's just there's train and
3:04:31
embarrassment and things like that when you do something that
3:04:35
you shouldn't have done and you know you shouldn't have done
3:04:37
them. And so I think that's just one
3:04:38
of the challenges that people have as a natural human reaction
3:04:42
here. But again, we're asking the
3:04:43
court to just follow the agreement and accept her
3:04:46
acceptance in the form that it comes and asking the court to
3:04:50
follow the agreement. Anything else if nothing further
3:04:54
then Lace Christian I'm going to find you have pleaded guilty to
3:04:59
this first degree felony and murder voluntarily.
3:05:03
You are mentally competent to do so.
3:05:05
You understand and appreciate the consequences of pleading
3:05:08
guilty. There's sufficient evidence
3:05:10
supporting your guilty plea from State's Exhibit 1 admitted at
3:05:15
your plea hearing to find you guilty beyond a reasonable
3:05:18
doubt. And your your culpability has
3:05:22
been supported as well by the findings from this hearing.
3:05:27
Hearing that you admit to being a party to this offense
3:05:35
voluntarily, knowingly, intelligently, and being
3:05:40
responsible as a party to this offense which resulted in the
3:05:46
the murder homicide of a human being.
3:05:50
You took an active role in that to make that occur, correct?
3:05:57
I now find you guilty beyond a reasonable doubt of this first
3:06:02
degree felony of murder. I am following this agreement.
3:06:06
You were hereby sentenced to confinement in the Institutional
3:06:10
Division of the Texas Department of Criminal Justice to serve a
3:06:13
term of 40 years. The judgment shall reflect that
3:06:20
a deadly weapon, namely A firearm, was used in the
3:06:23
Commission of this offensive murder.
3:06:26
Anything else to add? I do have family members from
3:06:31
the total 45 that would like to make a statement to the there's
3:06:34
an allocation OK, and which we're talking about Section
3:06:41
12.45 of the Texas which allows in the jury box or do you want
3:06:46
it over here? She can be right there.
3:06:49
That's fine. You want her to come to the
3:06:50
council table with Yeah, we're. Section. 12.44 five allows
3:06:57
evidence of other bad acts or crimes can be considered in the
3:07:05
disposition of a case is proven beyond a reasonable doubt which
3:07:10
the court finds in this case that the defendant voluntarily,
3:07:15
knowingly and intelligently either committed murders
3:07:20
individually or as a party to this offense under the law takes
3:07:25
for bubble as either a principal or a party to this first degree
3:07:32
felony of murder. All right, go ahead and please
3:07:37
introduce yourself. So good.
3:07:42
Morning. My name is Sarita Rice.
3:07:45
I'm the sister of Lonnie Dean Scott.
3:07:48
I'm sorry, I'm nervous. And.
3:07:51
For the records, the sister of. I like.
3:07:54
Them the victim of the 12:45 pitch, OK.
3:07:56
I am the sister of We have two. Victims.
3:07:59
Here these the cousin of Rough the redo.
3:08:02
OK, so you're related to both victims then a cousin to Mr.
3:08:06
Redo for which the defendant was sentenced here, and then you are
3:08:11
a sister? Of Lani Scott.
3:08:14
In the other this is 4122, which was the other murder that the
3:08:21
defendant was held accountable for.
3:08:24
Go ahead, please. I promised myself I need up in
3:08:28
these type of things you can prepare for.
3:08:32
I don't want to be up too long. Being here is torched enough.
3:08:37
You were my first. I don't know you, but you were
3:08:40
my first. And when I say you were my
3:08:42
first, you were the first time that I ever in my life.
3:08:46
I'll be 53 years old, the 14th of this month.
3:08:50
It was the first time ever in my life that I had to bury anybody.
3:08:54
My mother had six kids and adopted 2.
3:08:58
That's a total of eight kids. All of us are crowned.
3:09:01
My mom had all the keys until you took my brother.
3:09:06
I don't know what you told these people, how you feel about my
3:09:08
brother, but I'm going to tell you who my brother was.
3:09:11
He was not the victim of recidivism.
3:09:13
I looked up his file. Last time my brother was in
3:09:16
trouble was in 2008 for a marijuana case.
3:09:21
Less than 2 lbs for marijuana. He liked to smoke his for me.
3:09:25
But let me tell you my brother book.
3:09:27
My brother had been in prison three times but drugs not
3:09:31
selling drugs for being on drugs.
3:09:33
He had a problem if he never raped nobody and he never killed
3:09:38
nobody. When my brother got out, he got
3:09:41
his act gift, he started attending classes, he was a
3:09:45
farming, he got certificates. He even became a business on his
3:09:49
own transportation business. I had all the paperwork packed
3:09:53
up to the but when I went to pick up my sister, I left it
3:09:55
there and I believe everything happened for a reason.
3:09:59
When our brother had his own transportation, he was a Uber
3:10:02
driver. He was so excited about being a
3:10:05
Uber driver. He would get up at 3:00 in the
3:10:07
morning and drive to Houston, intercoming in the airport just
3:10:11
so he can. That was his favorite place to
3:10:12
go because that's what he made the most money to go pick up
3:10:16
people and bring them to their job to back here to pull up it
3:10:18
to the port. He was the taxpaying citizen
3:10:23
here in from been going to prison three times to changing
3:10:26
his life completely. You know what else he did?
3:10:30
He became a homeowner that my family is benefiting from.
3:10:34
Yeah, he became a homeowner legally the right way.
3:10:37
He went to work every day and he saved up his money and he bought
3:10:42
a home, but he never did in his life.
3:10:46
He was probably his life when we worked all of them.
3:10:48
He was a family man. He was, we would all get
3:10:52
together, do karaoke. He was seen, he was banned.
3:10:57
It's it's not. He was not the Lionel Dean Scott
3:11:00
that went to prison three times years.
3:11:03
Ago. He was a new revised citizen
3:11:07
line that all he did was just worked, went home, you know, did
3:11:13
what he liked to do, but he never bought.
3:11:16
Just like Russell trusted you and you took advantage of that,
3:11:20
You took advantage of him trusting you.
3:11:22
He was a single man. You knew he was a Uber driver.
3:11:26
You knew he had cash money. I don't know what your motive
3:11:30
was, but you knew exactly what you was doing.
3:11:34
You did it, you did it and you need to take responsibility for
3:11:39
what you did. You killed lying in cold blood
3:11:42
and you killed rustling cold blood.
3:11:44
You are a Syria killer, a person that kills a person two or more
3:11:49
times within a cooling period. Only God knows if that was the
3:11:53
only two, but you go speak about was facts.
3:11:57
You killed my brother in cold blood.
3:11:59
You wasn't fighting for your life.
3:12:01
He didn't try to rape you. You and him wasn't in there
3:12:03
fighting. Got to do none of that because
3:12:05
you know how I know? I've seen how you came into
3:12:08
yourself. My brother would sleep on his
3:12:11
recline. I start to wear the tennis shoes
3:12:13
because you know what, that's what he had to do.
3:12:15
I had to do thank you for my first again.
3:12:18
I had to go clean up his house. I sure did.
3:12:21
The blood, they seeped through his couch on his floor.
3:12:25
I had to see that. I had to get that up.
3:12:27
The blood matter that was on that pillow that you use, that
3:12:29
you put on his head, it shot through that pillow so nobody
3:12:32
wasn't here, wasn't here. I had to get that up.
3:12:35
I had to clean this whole house up.
3:12:37
You did that and you need to take accountability for what you
3:12:41
did. You are who you are.
3:12:44
You're not going to change. In my opinion, you are a menace
3:12:48
to society. You have hurt and ruined so many
3:12:51
families. You have hurt and run so many
3:12:54
families. My mom is 76 years old.
3:12:56
She never lost a kid in her life.
3:12:58
Until you decide to take up on yourself and murder.
3:13:02
You didn't just stop with 90. You went to Ruston, whoever
3:13:05
else. And you know what?
3:13:07
You didn't stop on your own. You got stopped.
3:13:11
You got stopped so you can sit up here and tell these people
3:13:14
whatever you want to tell them, but I know and everybody else
3:13:17
know because pull off their smiles.
3:13:20
You stopped because you got caught.
3:13:22
GAIL and Lonnie was enough, enough for you.
3:13:25
You went on to Russell and whatever happened between that,
3:13:28
don't nobody know. Only God knows, but you are who
3:13:33
you are. You've hurt my family.
3:13:35
My family is still hurting. I've been on depression pills.
3:13:39
I've had loss of sleep. I've had to bury my brother, me,
3:13:44
the baby girl. I have a son.
3:13:46
No parent wants to bury their son, their child.
3:13:49
What is the son and daughter? Should I have to have that
3:13:51
responsibility? No.
3:13:53
But my mom came to me and she said, Sarika, you're going to
3:13:56
have to do it. I can't do it.
3:13:58
At that time I had had surgery. I had a fever broken on my left
3:14:01
leg where I have a rod in my in my left femur right now.
3:14:06
I had to throw my crutches to the side because I was at
3:14:09
crutches that on crutches at that time.
3:14:11
I had to throw my crutches to the side with 32 staples and do
3:14:14
what needed to be done. I couldn't say no to my mom.
3:14:17
I had to do what needed to be done.
3:14:19
You did that. That's something I would never
3:14:22
forget. I would never.
3:14:24
I can't. I can't get the vision out of my
3:14:26
head what I saw on that pillow, what I saw when I went in that
3:14:30
house at the the crime scene. People came and told us we can
3:14:34
go with you. I don't know what his wife saw.
3:14:37
I'm pretty sure the same same thing inside his family.
3:14:40
So but you know what? I know that people didn't see
3:14:44
your family didn't see you, but we have to see so your family
3:14:48
can still call you, come visit you, talk to you, write you.
3:14:52
You can still go to the day room and laugh and play Domino's and
3:14:56
play toys and make soups, make sprays.
3:15:00
I know how they work. I get 10 years the TDCJFN
3:15:03
Florida. I know how they work.
3:15:05
I'm not. I don't hate you.
3:15:08
I hate what you done. I don't think that you're good
3:15:10
for society at all. I think if you get out and when
3:15:14
you get out, you're going to do the same thing because you
3:15:18
didn't stop. You got stopped.
3:15:21
You didn't feel bad about what you did.
3:15:23
You didn't have any self convictions and say let me turn
3:15:26
myself in because what I did was wrong.
3:15:29
You didn't, you didn't call after you shot my brother.
3:15:32
You didn't say, oh I feel so bad, let me call the ambulance.
3:15:35
You didn't do anything. When I got my brother tennis
3:15:38
shoes that he had on, it was still.
3:15:40
Warm. It was still warm.
3:15:42
It was a long before, after you did what you did, that we was
3:15:45
there. I have those tennis shoes at my
3:15:47
house and a couple of them Simpson clothes, because that's
3:15:51
all I have in memory of him in pictures.
3:15:53
Russell. I met Russell two years before
3:15:56
he married him. I didn't even know that.
3:15:58
Yeah, your grandpa, that's my cousin.
3:16:00
That's my first cousin. He was a good guy.
3:16:03
I believe in second chances or whatever.
3:16:06
He was a good guy when I was on those crutches and had some 32
3:16:09
staples in my leg and couldn't walk, was no weight bearing for
3:16:17
three months. Russell.
3:16:19
I came and checked on me, brought me food.
3:16:22
Yeah. On black shop.
3:16:23
On. It took care of me.
3:16:26
Diane couldn't be here today. No.
3:16:28
You know how I see how you looked at me when I said her
3:16:30
name? She couldn't be here today.
3:16:33
But she did write a statement. Give it to the old people.
3:16:36
I hope they read it. But you've run my family.
3:16:39
I think you deserve the Max. I don't think it's no hope for
3:16:43
me. Because you don't have any more.
3:16:47
So of course when people come to court, they're supposed to say
3:16:48
everything else. But like I said, you were my
3:16:51
first. I will never forget you.
3:16:53
I had to go buy a hat. I only bought my brother a tie,
3:16:56
a shirt, a suit, underclothes, all that stuff I had to do.
3:17:02
I didn't want to do that. I never beard nobody in my life.
3:17:05
I was forced. I didn't want to have to do
3:17:07
that. And to see it didn't have to
3:17:09
have to put my own personal health at risk because I'm
3:17:13
supposed to be non rate bearing to go do the things that needed
3:17:18
to be done. When you bury somebody, death
3:17:20
certificate, going to a Funeral Home, coming to a Kent down here
3:17:26
to anything. That's Ken Paxton that's on the
3:17:28
paperwork because my brother didn't have life insurance to
3:17:32
get help with his funeral. Yeah.
3:17:34
I think you should have to pay that 6 to $800 back.
3:17:36
Yeah, all that. I never had done it before.
3:17:39
A death certificate at sign it. I had to do everything.
3:17:43
Something I didn't want to do. Something I never knew nothing
3:17:45
about. Because you.
3:17:48
So as far as I feel about you, like I said, I don't hate you.
3:17:53
I hate what you did. You took away a son, a father, a
3:17:58
family member. Lion didn't deserve that.
3:18:01
He did. If Lionel was a bad guy and was
3:18:03
around, you know, doing awful things, I wouldn't even be here
3:18:08
and go ahead and hear this. No, I'm telling the truth.
3:18:10
I wouldn't be here. I wouldn't, I wouldn't back that
3:18:13
up. But I know I knew my brother and
3:18:16
I knew the man that he was. He was a godly man.
3:18:19
He was going to church. He was getting up and working
3:18:22
every day like a citizen paying tax.
3:18:25
He didn't deserve it. My family didn't deserve it.
3:18:27
I didn't deserve it. So what I have to say to you is
3:18:31
that New York Times, like you did the crimes, you killed those
3:18:35
people. You had no remorse when you did.
3:18:39
Honestly, I wish you wouldn't want to trial because I know
3:18:41
when you go to trial they say all the phone reporters and
3:18:43
everything and like I say, put off a.
3:18:45
Smile. So all the.
3:18:47
Phone calls you was making while you was in here and all that.
3:18:49
I wish you wouldn't want to trial, but we're here now.
3:18:54
But. Yeah, I hope when you're in
3:18:56
prison, I hope you do all your time, day for day.
3:19:00
I hope you stay healthy while you're in them.
3:19:03
I hope you get up every morning and I hope the people that you
3:19:05
murdered like you. I hope you can't sleep like I
3:19:09
couldn't. I've been my doctor so many
3:19:11
times, never been on depression pills.
3:19:14
I had to put cameras around all my whole house is full of
3:19:18
cameras. Every corner, the middle, the
3:19:21
side have so many cameras now Because of you, I didn't live
3:19:24
that way and I'm a boyfriend person.
3:19:27
Because of you. You had me living in fear.
3:19:30
Every time somebody will pass by, the camera will go off, even
3:19:33
if it's a car, I'm looking out the window.
3:19:36
You did that to me. You hurt me, you hurt my family,
3:19:40
and you need to pay for what you did, just like you did to crime.
3:19:43
You need to do the time. And I still pray for you.
3:19:46
Believe it or not, I pray for you.
3:19:48
I pray that God heals your heart.
3:19:50
I pray that God, whatever this thickness is that you have, I
3:19:54
don't know if it's a sickness or if it's a desire, if it's
3:19:57
something that you'd like to do. If it's, if it's something you
3:20:01
get off on, I don't know what it is.
3:20:03
I don't think it's, I think it's something you get off on.
3:20:06
But I just pray and ask God that God really help you because you
3:20:11
need it and you don't need it. And these people up in here,
3:20:15
everybody have a job to do and everybody's doing their job.
3:20:18
But it's only one God. He got a job to do too.
3:20:21
And one thing about him, we can ask for forgiveness and he can
3:20:24
forgive us, but we still have to be punished for what we done.
3:20:28
And you need to be punished. You need to stay punished.
3:20:31
You don't ever need to get out. No family should ever, ever have
3:20:34
to come in here and do this ever, ever.
3:20:37
I don't know how long I'm. I don't know how long I'm going
3:20:39
to be messed up. Behind my brother.
3:20:41
I miss my brother, I do, I miss him, and every time he comes to
3:20:46
my mind I always say not that, Not now Lanie, because I don't
3:20:49
want to cry. I just want to push it away.
3:20:51
When I'm going to sleep, you know, you think of everything
3:20:53
everything you do when you lay down and here come lines.
3:20:57
I got to sleep. I just pray.
3:21:01
Go ahead. Have mercy on you.
3:21:03
I hope you get the Max you deserve the Max.
3:21:07
And you don't need to be out where you can harm.
3:21:09
No idea if children, women, dogs, cat.
3:21:13
Then you're welcome to talk. Go through your time because we
3:21:17
doing ours. Hi, everybody doing.
3:21:20
My name is Nikita Myers. I'm Reginald cousin and I'm Lana
3:21:24
Scott's sister, the 3rd to the oldest daughter.
3:21:27
That my mom have. And like my sister said, when my
3:21:31
brother died and they brought him out in the black bag and we
3:21:35
was all standing outside the day after that, me and my sister go
3:21:39
to the house. We clean blood off the walls, we
3:21:42
clean blood off the floors, we clean this house, everything.
3:21:46
I mean it. It was gross.
3:21:48
It's something I don't want nobody to witness.
3:21:50
It's something I don't want nobody to go through.
3:21:52
Like I said, it's my brother. I love him with all my heart.
3:21:55
A lot of. My family, I don't know if they
3:21:59
taking it to well, I'm still grieving because I feel like
3:22:02
it's not true that it ain't happening, that he's still here
3:22:05
some kind of way. But I know he not.
3:22:07
And I don't know you, I don't know what you're going through,
3:22:12
but I'm pretty sure if you had somebody that did the same thing
3:22:16
to my brother and my cousin, they give it to your family
3:22:18
member, you'll feel the same way.
3:22:20
We feel you need help. You really need help and I don't
3:22:24
know nobody that's going to sit up in this courtroom and take up
3:22:27
for you and take your side. When you killed two people, then
3:22:31
when you killed one man, you went back to go go to the house
3:22:34
after you killed him and then turn around and kill another
3:22:37
man. That's cruel.
3:22:39
And I knew you were punishment and you need to be punished.
3:22:43
You need to be punished. You need to pay for whatever you
3:22:45
did. And like I said, I don't know
3:22:47
you from Alan. This is my first time seeing
3:22:49
your face. I took off work just so I so I
3:22:52
can look at you in your face and tell you whatever they give you,
3:22:55
they need to give you. And I'm here because I want
3:22:59
justice for my brother, because he can't do it for himself
3:23:01
because he's not here. That's why I'm here.
3:23:03
I want justice for Lionel Dean Scott.
3:23:06
I want justice for Reginald, your grandpa.
3:23:10
They need justice because you here, they not you can leave and
3:23:14
go back in your cell. They here they not here you are.
3:23:18
You can still live your day. While they in the graveyard, we
3:23:21
got to go visit them in the graveyard.
3:23:23
Whatever you guys give her, she she deserves, she deserved.
3:23:28
Don't show her no mercy if she didn't show them though.
3:23:31
And I have to and. One more judge from the I'm
3:23:35
sorry. The mother of the the child who
3:23:38
was previously under there was a sentence.
3:23:40
We waited until everything was sentenced.
3:23:42
All right, him speak so sure I have.
3:23:44
Please. Yes, ma'am.
3:23:46
I'm. April, I'll send and I'm the
3:23:47
mother of the child that she assaulted, her niece.
3:23:51
I'm here today, standing for my daughter.
3:23:54
Lacey's niece. My daughter trusted you.
3:23:58
She sincerely loved you and you betrayed her.
3:24:01
You violated her in the worst way possible ever.
3:24:05
And as a mother, you, you also did it to me because you know
3:24:10
how I am about my children and I trusted you with my daughter and
3:24:14
you know. How Leah feel.
3:24:15
About y'all and you did her back, you did her wrong.
3:24:19
For years, you continuously assaulted my child when all she
3:24:23
did was love. That's the worst.
3:24:25
You're the worst type of person and I and and although you did
3:24:29
all those like and you couldn't even take accountability for
3:24:31
what you did. You lied.
3:24:33
You you made her her family, your family turn on her.
3:24:37
You know what they did to her that her own people alternate
3:24:40
that on her for you. When you know what you did to
3:24:42
her. That's the worst.
3:24:44
It's the worst. You can't even take
3:24:46
accountability for what you did to your own niece, who you folks
3:24:49
to protect and love and make sure nobody else on the outside
3:24:53
harm her. You harm her, you doing bad so.
3:24:56
But you know what, even in spite of God is good and he sits out
3:24:59
and he looks slow. My daughter is prospering.
3:25:01
She's intelligent, she's doing wonders.
3:25:04
Nothing you did to her is stopping anything they go out
3:25:07
and have set for her to do. She's doing everything despite
3:25:12
of what you did to her. And I prayed, and I prayed and I
3:25:17
prayed. And I'm here.
3:25:18
Because I I, I I I I I hope you sit in prison every day of your
3:25:23
sins and you suck. You look like you suffering
3:25:26
right now. You can shake your head all you
3:25:28
want. But I I pray.
3:25:29
Every day that you're in that you, you sit and you suffering
3:25:31
and and you take what you did. Not only to my.
3:25:35
Daughter but but also the MERS and you sit there every day and
3:25:38
you and you think about what you did and and you take it off
3:25:40
because you did that accountability for what you did.
3:25:43
And and and and. And get that supper that you put
3:25:46
on my child, that you put on his family.
3:25:48
And I'm gonna leave it at that, because at.
3:25:50
The end of the day. God, God controls all of this,
3:25:52
and I'm glad he gave you 40. That was my prayer.
3:25:55
Thank you, Judge. Anything else?
3:25:57
I'm good in this case. Then we're in recess.
3:26:00
Thank you. Next.
3:26:01
Anything else? OK, friends, that was heavy.
3:26:06
Speaking of Heavy, because we've talked about it a little bit,
3:26:10
this is footage of the fire. This was footage from yesterday,
3:26:16
but the wildfire that we have close to the TCF bunker here.
3:26:19
This is courtesy of 12 News here in the Phoenix area.
3:26:25
You can see it's a significant amount of burning going on over
3:26:29
1000 acres. Now again, not not in a place
3:26:33
that will affect us unless a whole bunch of things go wrong,
3:26:38
but thought I would share to give you guys a little bit of a
3:26:40
visual since we were talking about it earlier.
3:26:43
Anywho, let's let's go to Judge Aquilina.
3:26:48
So we're going to do some overtime here.
3:26:50
Again, I need to be streaming until at least quarter 20 after
3:26:54
so I can let you guys know if we're going to be able to do in
3:26:56
the blind tonight. So we will go to Judge Aquilina
3:27:00
whilst we wait for the time when I can call and see if Miss TCF
3:27:05
has to do jury duty. Good morning this.
3:27:08
Is it 24635 FC people of the state of Michigan versus Golden
3:27:14
Alan Brown I also your appearance for the record good.
3:27:16
Morning, Your Honor. Randall Berman on behalf of the
3:27:18
people and good morning, Your Honor.
3:27:20
Steven Milks on behalf of Mr. Brown.
3:27:22
Mr. Brown, President, and staying to my right at this
3:27:24
time. Sir, please raise your right
3:27:25
hand. You swear or affirm the
3:27:27
testimony you're about to provide, to be the true culture,
3:27:30
but nothing but the truth. Under comes your perjury.
3:27:32
Yes, Sir. Thank you.
3:27:33
Put your hand down. Have you had enough time to
3:27:37
speak with your attorney? Yes.
3:27:39
Ma'am. All right.
3:27:40
And Sir, today was the day of the final criminal pretrial
3:27:44
conference. However, I understand you now
3:27:47
have a new attorney and also you are all waiting on the
3:27:51
preliminary exam transcript. I don't know if that was not
3:27:54
requested or if there was some delay with the court report.
3:27:57
We're going to get to the bottom of that, but that is going to
3:28:00
cause a delay. So what we're doing is you're
3:28:05
going to have a final pre trial on August 26th at 11:30 where
3:28:09
you'll have to decide if you are going to enter into a plea, if
3:28:12
if there is a plea offer, I do not know, I don't get involved
3:28:15
in that. Or if you want to go to trial,
3:28:18
trial has been set for September 25th at 9:00 AM.
3:28:22
Do you understand all that? All right now, are you currently
3:28:27
taking medication and that's helping you feel OK?
3:28:31
It seems to be they they've adjusted it a couple.
3:28:34
Ways back and forth, but I'm doing.
3:28:35
Better now, yes. Yeah, you look a lot better.
3:28:37
I'm seeing a number of times that you look a lot better today
3:28:40
than you have in a long time. So you feeling OK?
3:28:43
Yes, I am. I think the the the doses they
3:28:45
have me on is pretty adequate. It's definitely helping me get
3:28:49
sleep. And there's a, there's is
3:28:53
trying, being in jail this long. So trying to be patient and, and
3:28:58
working through, you know what I've had to work through, I
3:29:00
think, I think the CATS program out there has helped me
3:29:04
tremendously. I got through the anger
3:29:06
management class, the DVD class, and the coping skills classes
3:29:11
and they've all helped me definitely change some inner
3:29:15
behaviors. All right.
3:29:17
Well, that's good to start the conversation with all of you.
3:29:21
So because you have quite a file here and I think we've tried to
3:29:24
let you out in the past, it didn't go so well.
3:29:26
So I have just asked about that as you were in there and looking
3:29:30
at your history here and and what the charges are, you have a
3:29:38
mutual offender. For defense.
3:29:41
Notice for the mandatory 25 years sentence.
3:29:43
So I don't know what's going to be offered or not offered.
3:29:45
But if in fact that is the case, at least you're getting some of
3:29:51
that time behind you and you're getting treated.
3:29:54
And maybe you all can now have a meaningful understanding if you
3:30:01
enter into a plea because you're in a better mental health.
3:30:05
So I don't know, I don't get involved in all of that, but I
3:30:08
think this delay is justified. I don't know how you feel about
3:30:13
it, but Mr. Mills is on top of what needs to be done, what's
3:30:16
not done before. I think we'll be able to move
3:30:20
with these dates. I'm.
3:30:21
Totally. Satisfied.
3:30:22
That. He gets the time that he needs
3:30:24
to figure out what you know, I definitely want.
3:30:27
Him to give me the best things. Possible and.
3:30:30
I. Appreciate it taking that time
3:30:32
and you giving him that time and I'll accept that.
3:30:35
Be OK out there. Great because he's they are both
3:30:38
council have already identified some things they need to look at
3:30:41
so hopefully you'll have a meaningful stay with us in
3:30:45
conversation. Keep taking your meds and.
3:30:47
Keep working. With the jail in case those need
3:30:49
to be adjusted. I know it can take some time,
3:30:51
but truly sounds like you're men here.
3:30:54
But that's going to be a lifetime journey for you Sir.
3:30:57
And so August 26th at 11:30, I'm going to see you.
3:31:00
You'll at that time. That's the cut off to make a
3:31:03
decision of whether you want to go to trial or want to take a
3:31:07
plea offer if there is one, I don't know.
3:31:09
And then we'll have the trial September 25th.
3:31:11
And see where everything. Is all right.
3:31:13
Yes. Sir, now you're getting
3:31:14
everything else you need in the jail.
3:31:16
No, no, I'm OK. You're OK.
3:31:19
So you're you're getting everything, yes, that you need
3:31:21
right now. You're getting everything you
3:31:23
need right now, yes. Yeah, I'm seeing the therapist
3:31:27
like from the CATS program, either bi weekly or sometimes
3:31:31
him up and struggle a little bit more.
3:31:33
He'll do it weekly. All right, we'll just keep
3:31:35
letting him know we need mental health is good with doing that,
3:31:37
cats and all that. So and they also have a social
3:31:40
worker through the public attorney's office, so she's
3:31:43
probably involved. Too as well so.
3:31:45
That's good. On behalf of the people, is
3:31:47
there anything you want to add to what I've said not?
3:31:50
Really, Your Honor, I just. As I stated.
3:31:52
I had subpoenas out for later this month.
3:31:56
I would note that the last month which I we had was December 17th
3:31:59
of 25. And it does indicate in my file
3:32:02
that there seems to be a bit of a breakdown between Council and
3:32:04
the defendant. I wasn't at that hearing, and I
3:32:07
do know that Mister Mills is relatively new to the file.
3:32:10
So. I will do my best to let
3:32:12
everyone know not to show up for the trial that I sent out
3:32:14
subpoenas for and we'll await. The new dates.
3:32:16
Thank you. Council.
3:32:17
Nothing further. Thank you.
3:32:18
All right. Thank you.
3:32:19
Good luck. Okie, dokie friends, let's go
3:32:26
over to Judge Boyd, a new contestant over there.
3:32:31
Hello, Good morning. How are you doing?
3:32:34
I'm. Better.
3:32:35
I'm sorry Odyssey is running so slow.
3:32:37
I'm waiting for it to upload your case.
3:32:40
All right, so we're here today for for sentencing, correct?
3:32:45
All right, the court is calling 2022 CR 7545 State versus
3:32:50
Alejandra Almazan. Can I have parties announced?
3:32:54
Brandon Brennan for the state. Ted Wood, representing Miss
3:32:57
Alma, Son all. Right.
3:32:59
And are you Miss Alma son? Yes, Sir.
3:33:02
All right. You had entered a plea of true
3:33:04
to violation of condition #1 and #15 was waived without
3:33:09
objection. And we're here today for
3:33:12
sentencing. OK.
3:33:13
All right. Anything you want to say on
3:33:15
behalf of your client Judge? Miss Alma son's grandfather's
3:33:18
show. I'd like to bring him up to
3:33:19
offer testimony. May I bring him up?
3:33:22
Right. They're going to have you step
3:33:23
back over here, OK? Put your back to the counter.
3:33:27
Hello. Hello.
3:33:29
Could you raise your right hand for me, please?
3:33:31
Do you solemnly swear? Affirm.
3:33:32
The testimony you give will be the truth and nothing but the
3:33:34
truth, so help you God? All right, you can lower your
3:33:36
hand. State your name for the record.
3:33:38
Richard Guten. All right, you may proceed.
3:33:40
Thank you, Judge. Richard, how exactly you are you
3:33:44
related to Alex? I'm her grandfather.
3:33:47
And how long have you known her? OK.
3:33:51
Was there the day she was born? So what is the nature of y'all's
3:33:56
contact now at this time? Does she live with Y'all?
3:33:59
Yes. OK.
3:34:01
And does she have any children? Yes.
3:34:04
How many? And where do those children live
3:34:07
with? That's right.
3:34:08
OK. Are you and your wife taking
3:34:10
care of the children? Yes.
3:34:13
Has this situation would that Alex put a strain on y'all's
3:34:18
resources and your your time resources regarding taking?
3:34:21
Care of these kiddos. Yes.
3:34:23
OK. What else is going on right now
3:34:28
in your family life that has brought you here to?
3:34:31
Thanks. Well, my wife is giving me
3:34:34
surgery again. He would repair something that
3:34:37
she had done in 2020 and then redone in 2021.
3:34:40
So it's, you know, her health is not the best right now.
3:34:45
Is it fair to say that she's over 39?
3:34:47
Yes. OK, You have a statement that
3:34:50
you would like to get you prepared that you'd like to read
3:34:53
to Judge Boyd. Yes.
3:34:54
Why don't you go ahead and read? That Well, before you read that,
3:34:57
let me just tell you. So I 'cause I always like for
3:35:00
people to be on track. These are my issues, right?
3:35:03
She's on probation for DWI third.
3:35:06
She's pled true to another DWI now a lot.
3:35:10
Of. What I do one depends on if I
3:35:13
continue her obviously she needs inpatient treatment cause
3:35:17
outpatient treatment isn't doing it.
3:35:19
Then the other thing is what is happening with that new number
3:35:22
one? Does anybody know?
3:35:23
Well, she played true to it. Yes.
3:35:26
I mean she played true to it. But what is the state's plans
3:35:29
for that new number one is the plan to we are going to continue
3:35:35
with that is the plan, we're going to dismiss that and see
3:35:38
what happens in this case. I mean, you all probably need to
3:35:41
discuss that because otherwise she's going to be in limbo
3:35:45
because even if I were to continue her and place her,
3:35:49
continue on probation and say she's going to inpatient
3:35:51
treatment, she can't leave to go anywhere and no place will
3:35:55
accept her if she has this case. So what I would suggest humbly
3:36:02
is that you all talk about that new number one, to see
3:36:06
specifically what's going to happen with that.
3:36:09
And then because that needs to be taken care of, because even
3:36:13
if I were to refer her to felony drug court, they won't accept
3:36:16
her if she has this pending case.
3:36:19
I humbly take your suggestion. All right, OK.
3:36:21
Thank you. Thank you.
3:36:23
All right. On Tucker.
3:36:26
A man in his dreams. I think I'm the only person who
3:36:28
remembers that. Lindsay, thank you for the $10.
3:36:31
That's hilarious. Best Drew, do you stand by fees?
3:36:34
Thank you so much. Is on.
3:36:36
Got it. All right.
3:36:38
So what is the update on Mr. Tucker?
3:36:41
Your Honor, when I spoke with Mr. Tucker this morning and my
3:36:43
staff, the only thing that we are waiting on, which is
3:36:47
relatively easy, is just a letter of interest and then
3:36:49
we're going to schedule for an assessment.
3:36:50
If we get all those things done like we talked about this
3:36:52
morning, right now we can have them done.
3:36:54
By the end of the month. OK, then what we'll do is we'll
3:36:57
recall you for the end of the month.
3:36:59
Sounds good. All right, So everything should
3:37:01
be in with them. OK, I'm.
3:37:03
Getting done in soon. All right.
3:37:04
When you say the end of the month, what do you mean though?
3:37:08
I'm just going to. Ask that judge what do.
3:37:10
You mean by the end of the March?
3:37:11
The 28th is the last Thursday, your honor.
3:37:14
That's the day that we do blue folders.
3:37:15
As long as he has everything in with the next 2 1/2 ish weeks,
3:37:19
we'll count it. Three weeks. 29th I should have
3:37:21
an answer. All right, So what we'll do then
3:37:22
is we'll set it for the week of June 8th and you need to have
3:37:25
everything. We'll be done before that.
3:37:28
All right. Thank you.
3:37:29
Miss Ferguson, I need a recall for the week of June 8th.
3:37:33
Oh, June 8th. All right.
3:37:34
June 8th. All right.
3:37:36
Thank you. Thank you so much for coming.
3:37:37
Now do y'all have an update for me?
3:37:39
Yes, Judge, we haven't. Oh, he's discussing.
3:37:41
OK, we're. Just going to be running
3:37:43
concurrently with whatever you decide.
3:37:45
OK, Who's next? Williams.
3:37:49
Melania Williams. Hello.
3:37:54
Hi. Morning.
3:37:55
So today is plea deadline. Yes, Your honor, today is our
3:37:58
plea deadline date. We.
3:37:59
Would have to. Request some additional time.
3:38:01
Your Honor, we recently got a new.
3:38:03
Offer OK. So I need some additional time
3:38:06
for Miss Williams to consider the offer and work on some
3:38:09
mitigation and hopefully get this worked out in the next 30
3:38:11
days. OK, how old are you?
3:38:13
17. All right, Norma set this for
3:38:16
mid June. This is the final pre deadline
3:38:19
date. Yes, Your Honor.
3:38:20
Understood. Thank you.
3:38:21
I can do. That'll work.
3:38:23
Good. All right.
3:38:23
Thank you. Thank you, Judge.
3:38:24
You're welcome. Who's next?
3:38:26
It's Ruby de la Cruz. OK, I still don't have the
3:38:31
e-mail. OK.
3:38:32
I'll send it over. All right.
3:38:33
Thank you SO. Donnie de la Cruz, we're set for
3:38:37
discovery. I just confirmed with the state.
3:38:39
And it looks. Like we're still missing a
3:38:40
couple of items. I gave them AUSC and then she
3:38:45
has two cases pending and on the other case it does also look
3:38:50
like I'm missing a surveillance. OK.
3:38:54
All right, Norman, give me a reset date.
3:38:56
This is your final discovery date, 45 days.
3:39:00
Thank you. You're welcome.
3:39:01
All right, once you sign the reset form, you'll be excused.
3:39:03
Oh. I didn't know what you were
3:39:05
handling me. Thank you.
3:39:07
You're welcome. All right, friends, let's stay
3:39:09
in Texas. But let's go back over to Judge
3:39:11
W It's been a couple hours since we've been there now.
3:39:17
Hang on just a second. Good morning.
3:39:19
You're Carly Davis. Could everyone please hold it
3:39:21
down? So, Miss Davis, you were late
3:39:26
for war. I forfeited those bonds.
3:39:28
I'll recall those forfeitures. It is extremely important that
3:39:31
you are on time to court. Do you understand?
3:39:33
And so your cases are set for trial to begin with.
3:39:35
Jury selection next week. Is everyone ready?
3:39:38
Runner, I think that my client has something she'd like to
3:39:41
request of you. Before we get to that, given
3:39:43
this defendant's recent violations of the drug patch,
3:39:46
I'd ask that you be drug tested today.
3:39:48
So the drug patch, I have prescription, we've been OK.
3:39:52
Yeah, that we've been doing that.
3:39:53
We got the prescription is the same one.
3:39:55
There's nothing different. Otherwise I would absolutely
3:39:58
agree with you. So you're not driving, correct,
3:40:01
Right. So that was part of that
3:40:02
agreement. And So what do you have to say?
3:40:06
With all due respect I have and for our last time in front of
3:40:11
me, I had signed a plea rejection and it was recently
3:40:16
she had told me the offer right before we came in here about and
3:40:21
you asked if I had signed a plea rejection on the tablet.
3:40:25
She stated no. So we went to the hallway and
3:40:26
signed it. That Clea rejection.
3:40:28
Was different than the one that she had offered me right as we
3:40:33
were at the elevator so. I was a little confused.
3:40:35
And it it didn't click until we were already it was over.
3:40:39
I was still here waiting for my Uber and I sent her a text and I
3:40:44
never heard anything back and I've tried to call several
3:40:47
times. She finally had texted me about
3:40:51
a month later and said she had been out.
3:40:53
She would call me the next day and I can I can show records
3:40:58
where I've been trying to get a hold of her.
3:41:00
And so we're on our options. I have.
3:41:04
Well, yeah, it could have been 30 days.
3:41:06
I mean, there's not all that adds up because it's only been
3:41:08
30 days since your last court date.
3:41:11
Here's the thing. I just need to know if we're
3:41:12
going to trial or not. Do you want to?
3:41:14
If you want to take a plea offer, then you guys can discuss
3:41:17
that this morning and we can get it taken care of.
3:41:19
But your case is set for trial next week.
3:41:21
I'm not changing attorneys. I'm not setting it for anything.
3:41:24
I will order the cases for trial tomorrow after my jail docket
3:41:30
and so you'll know then what the trial order is for next week.
3:41:34
But after today, there won't be any plea agreements accepted.
3:41:37
Do you understand that? So do y'all want to visit for a
3:41:40
minute or do you want to go full with trial?
3:41:42
Probably. Visit for a minute.
3:41:45
OK, I'll hold it. Y'all go visit.
3:41:47
Thank you. This is Tori Anderson.
3:41:50
We've been. Rejections.
3:41:51
OK, Tori Anderson. Your Honor, for the for the
3:41:58
record, she she told me her name is Tori Sam, and that was the
3:42:02
name of her driver's license. She got pulled over.
3:42:04
I don't know how they got Tori Anderson.
3:42:05
That is her maiden name, but Tori Sam is her name.
3:42:10
I guess if the state wants to maybe look into that.
3:42:13
And I will add that and I'll make I'll make an amendment if
3:42:16
necessary down the line. All right, ma'am.
3:42:18
So Tori Anderson, Anderson is your maiden name, so that is
3:42:22
you, correct? Yes.
3:42:23
Okay. And so, Miss Anderson and the
3:42:25
cause #25 DCCR 1165, you're charged with a third degree
3:42:30
felony offense of evading arrest or detention with the use of a
3:42:34
vehicle. That's from July 31st of 2025.
3:42:37
And what that means, ma'am, is that if you go to trial and
3:42:40
you're found guilty by a jury, the range of punishment would be
3:42:43
between two years and up to 10 years in prison.
3:42:46
Do you understand? Answer.
3:42:48
I thank you. And I have here on the tablet a
3:42:52
plea bargain rejection that has your signature on it with Mr.
3:42:56
Parker's. This shows that the district
3:42:58
attorney's office has made an offer if you wanted to enter a
3:43:00
plea of guilty to reduce that. To evading.
3:43:03
To a misdemeanor evading with A1 year deferred probation.
3:43:08
Is that your understanding of the offer?
3:43:12
Yes, ma'am. Yes, ma'am, I'm not guilty.
3:43:14
OK, so then what I'll do? Is there a video?
3:43:18
Have y'all had an opportunity to there's?
3:43:19
A video and I've talked to Miss Muthino about it and I it's
3:43:23
pretty consistent with what she's told me and and.
3:43:26
OK, that's fine. I just want to make sure.
3:43:27
So, Miss Anderson, I'll get your case set for trial.
3:43:30
And Miss Anderson, Mr. Parker has been appointed to represent
3:43:33
you. At this point.
3:43:34
He's one of the attorneys who handles a lot of cases for me as
3:43:37
a court appointed lawyer. With your permission, I can
3:43:40
release him and appoint another attorney today who could begin
3:43:43
preparation for trial a little quicker.
3:43:44
Is that OK with you? It's up to you.
3:43:46
You can keep Mr. Parker or you can get another attorney.
3:43:49
I'll keep what I have, I'm not interested in changing.
3:43:52
Sure. All right.
3:43:52
Mr. Parker will begin preparation for trial.
3:43:55
Make sure you stay in touch with Mr. Parker so that you'll know
3:43:57
when to be back and ready for trial.
3:43:58
OK. I'm sorry.
3:44:00
Go ahead. If I may, and this is no way
3:44:04
directed at Mr. Parker, he has discussed this case multiple
3:44:06
times with me. We have exchanged notes.
3:44:09
I have watched. The.
3:44:10
Video and taking notes myself on it and related some information.
3:44:14
I agree that some parts of it are consistent.
3:44:16
But I would. Just ask again, not directed at
3:44:19
Mr. Parker, but at Miss Anderson, that.
3:44:21
She watched it. For we get to jury selection.
3:44:25
OK, thank you. And Mr. Parker, if y'all, if you
3:44:27
Miss Anderson, make sure you make an appointment.
3:44:29
Go visit with Mr. Parker so you can watch the entire video.
3:44:32
Visit about everything. If there's any change before
3:44:34
that trial date, let me know ahead of time because once you
3:44:37
get to the trial date, I don't accept the agreements.
3:44:40
So y'all visit before then. Don't wait till the last minute.
3:44:42
OK, Thank you. You're free to go.
3:44:44
Thank you. Okie, dokie friends, let's go
3:44:47
back to Judge Boyd and you guys can ride with her well for a few
3:44:52
minutes while I make that phone call.
3:44:53
Mr. Diaz has been evaluated twice by two different
3:44:59
psychologists, one in Bear County, 4 Bear County and one in
3:45:04
Kerrville or Medina County. Both of them have determined
3:45:08
that he's incompetent to stand trial and we are waiting for his
3:45:15
competency to be regained so he can stand trial here and also
3:45:19
stand trial in Medina County all.
3:45:22
Right. So this needs to be referred to
3:45:24
the Magistrate's Court. Has it been referred to the
3:45:26
Magistrate's Court? Yes, ma'am.
3:45:27
We just came from the magistrate's court.
3:45:29
She's the one who. OK cuz I'm like he shouldn't be
3:45:33
up here then. Well, I I agree.
3:45:34
I don't know why they. Yeah, I have no idea.
3:45:36
The docket but. All right, so when are you set
3:45:40
next setting in Magistrate's Court?
3:45:42
We are not judge. OK.
3:45:44
To my knowledge, the only setting I've had since
3:45:47
Magistrate Court is with you. OK.
3:45:49
Judge, if I may, I believe that when he's found incompetent, I
3:45:52
came from the the Magistrate's Court.
3:45:54
He needs when he found incompetent, he needs to be
3:45:57
restored to competency. Understand that my thing is
3:46:01
usually there's a date because when somebody's found
3:46:03
incompetent, you can't just put somebody in limbo.
3:46:07
They have to have hearings and I believe it's 120 days in some
3:46:12
instances. In some days it's 90.
3:46:15
So there should be a setting. No, I mean, that's fine.
3:46:19
What I'm going to do Norma recall this in 120 days.
3:46:22
Thank you, Judge all. Right, September 1st, Perfect
3:46:25
judge. All right.
3:46:26
And if for some reason competency is not restored by
3:46:28
that time, just let us know beforehand.
3:46:31
I will. For some reason Odyssey is down,
3:46:33
so I can't see anything. No problem.
3:46:34
All right. Thank you.
3:46:35
All. Right.
3:46:37
Who's next? All.
3:46:41
Right. Cruz Tobar.
3:46:44
OK, Jesse on all right, are you OK?
3:46:49
Court is calling 2026 CR 003571 State versus Cruz tobar.
3:46:56
Can I have parties announced? Megan Galloway for the state.
3:46:59
Roberto Vargas for the defendant.
3:47:00
Ready to proceed, Your Honor. And are you Mr. Tobar?
3:47:03
Council, you received all discovery.
3:47:05
Did you review it with your client?
3:47:06
Yes. Your Honor Court will find that
3:47:08
the state is in compliance with discovery.
3:47:11
Mr. Tobar, did you review the true bill of indictment with
3:47:14
your attorney? Did you understand it?
3:47:17
Council, did you waive the reading of the indictment?
3:47:19
Yes. The Honor State, are you
3:47:21
proceeding on the indictment as presented?
3:47:23
I guess, your Honor. Mr. Tobar, did you review the
3:47:25
court admonishments with your attorney?
3:47:27
Did you understand it and sign it in all the appropriate
3:47:29
places? You're charged with possession
3:47:32
of a controlled substance penalty Group 1, less than 1G.
3:47:35
That's a state jail felony. The range of punishment is
3:47:37
anywhere from 180 days, up to two years in the state jail
3:47:40
facility and up to $10,000 fine. If you have a plea with the
3:47:44
state, the court does not have to follow your plea.
3:47:46
If for any reason the court does not follow your plea and gives
3:47:49
you more than you bargained for, the fact that you entered A plea
3:47:51
will not be used against you and you will be allowed to withdraw
3:47:54
your plea. You have a right to jury trial,
3:47:57
a right for you or your attorney to cross examine and confront
3:47:59
any witnesses. The state would call in the
3:48:01
right to remain silent. By entering this plea, you're
3:48:04
giving up those rights. Did you intend to give up those
3:48:06
rights and enter until a plea in this case?
3:48:08
Counsel, has your client been able to provide you with any
3:48:10
defenses? Yes, Your Honor.
3:48:12
Do you believe he has a rational as well as a factual
3:48:15
understanding of the charges against him?
3:48:17
Yes, your Honor. Do you believe he's currently
3:48:18
confident and was legally sane at the time of the offense?
3:48:21
Yes, your honor. Mr. Tovar, has anyone threatened
3:48:24
you, coerced to replace you in fear to get you to enter this
3:48:27
plea? Anyone promise you anything
3:48:29
other than the plea? Are you satisfied with the way
3:48:32
you've been represented? If you're not AUS citizen by
3:48:36
entering this plea, you will be deported, denied naturalization
3:48:40
and re entry. Did you understand?
3:48:43
Court will find that the defendant has knowingly,
3:48:44
involuntarily waived his right to jury trial.
3:48:47
Did you review the plea bargain page with your attorney?
3:48:49
Did you understand it? According to the plea,
3:48:51
punishment is to be assessed at six months in the Bear County
3:48:54
Jail under 1244 and an $800 fine.
3:48:57
Did you understand that to be your plea defense?
3:49:00
Yes, Your Honor State. It is your honor.
3:49:02
Did you review the waiver of appeal paragraph with your
3:49:05
attorney? Did you understand it and sign
3:49:08
it in both places? It's not by signing that you're
3:49:11
waiving your right to appeal. The only items that can be
3:49:14
appealed are written pretrial motions that have been filed,
3:49:17
heard and ruled upon by the court.
3:49:19
Did you understand, counsel? Any such motions then to the
3:49:23
offense. How do you plead Guilty, Not
3:49:24
guilty or no contest? State any evidence.
3:49:27
State offer states won an attachment.
3:49:29
No objection you honor. All right states you may be
3:49:31
excused. Did you review the waiverings
3:49:33
consent to stipulations with your attorney?
3:49:35
Did you understand it? Did you sign it in all the
3:49:37
appropriate places? Again, did you understand you
3:49:41
have a right to jury trial? A right for you or your attorney
3:49:43
to cross examine and confront any witnesses the State would
3:49:46
call in? The right to remain silent?
3:49:47
Did you understand that today the State will be presenting
3:49:50
evidence in the form of witnesses, statements and police
3:49:52
reports, but most importantly, there'll be no live testimony?
3:49:55
Did you understand Court will find that Defendant has
3:49:58
knowingly and voluntarily waived and consented to stipulation of
3:50:01
testimony and stipulations? Court will accept into evidence
3:50:04
States Exhibits 1 and attachments and review the same
3:50:07
interview in States Exhibits 1 and Attachments.
3:50:09
The court will find there's sufficient evidence to find you
3:50:11
guilty and the Court will find you guilty.
3:50:13
Are we proceeding with sentencing?
3:50:14
Yes. Donna, anything you wish to say
3:50:18
on behalf of your client? Yes, we expect to ask that the
3:50:20
court will accept the. Agreement and we have the state.
3:50:24
All right, this home where you were, is that your mother's
3:50:27
home? OK, All right, This is what the
3:50:30
court is going to do. The court is going to find you
3:50:32
guilty of sentence you to 8 months in the Bayer County Jail
3:50:34
on a 1244. There's an $800 fine, time and
3:50:37
money to run concurrent. There's to be no contact with
3:50:40
Maria Christina Ramirez without her consent.
3:50:44
There's to be no residing residence and the court will
3:50:48
give you credit for any time served.
3:50:51
Did you review the document entitled trial court
3:50:53
certification of defendants rights to appeal with your
3:50:55
attorney? Did she understand it and sign
3:50:57
it? Right, Because this is a plea
3:51:00
bargain agreement, Because I followed your plea bargain
3:51:02
agreement, and because you waived your right to appeal, you
3:51:04
do not have the court's permission to appeal.
3:51:06
Because this is a felony conviction, you're not allowed
3:51:08
to own or possess any weapons or ammunition.
3:51:12
If you have a question over what that is, you'll need to speak to
3:51:15
an attorney. Do you understand?
3:51:16
All right, good luck to you. You're going to have to make
3:51:18
better decisions, Understand. And when you are released from
3:51:21
custody, make sure you get that checked out because sometimes
3:51:24
there's damages behind that. All right, say something.
3:51:26
Sure. It's.
3:51:29
I'm actually in Reddicks because I was denied the proper
3:51:34
treatment. I went to the hospital with the
3:51:37
X-rays you get on the MRIS CAT scans.
3:51:41
They never found in those results of those X-rays and
3:51:46
scans wanted to give me liquid morphine anterodol.
3:51:51
So as you said, they didn't tell me what was wrong, but I know
3:51:56
that something had to be wrong for them beginning with the
3:51:58
gate. But that being said, the
3:52:01
hospital told me that this unit know when I started feeling the
3:52:05
same symptoms got me to the hospital in the 1st place
3:52:09
yesterday. I tried to do that and I'm
3:52:11
raised. I just wanted to let you know
3:52:13
that I'm not getting the public share that I meet and that's
3:52:17
that's only because they don't want to and it's it's not
3:52:20
because I'm being disrespectful. You can look up my I've never
3:52:24
been written up for any disciplinary hearing nothing,
3:52:26
nothing like that. Respect for all these guards and
3:52:30
I've been raised because I need help.
3:52:36
OK, so this one, I tell you the time that you've been sentenced,
3:52:40
if you're in general population, usually the deputies, I mean the
3:52:43
Sheriff's Office will give you 2 for one.
3:52:45
So every day you serve, you'll get credit for two.
3:52:48
Normally when you're in red, it's day for daytime, but what I
3:52:52
can tell you, I'm not over how much time they give you outside
3:52:57
of the day for daytime, OK? But when you're released, you'll
3:53:01
need to check that out. And of course, you can file
3:53:03
whatever thing you want to file. If you want a civil attorney,
3:53:06
you can take care of that on that end.
3:53:08
OK. All right.
3:53:09
Good luck to you. Thank you.
3:53:11
Maybe excuse John. Yes.
3:53:12
Thank you, Okie Dokie friends that will do it for today.
3:53:15
If you didn't see in the chat, Beth, her group has been
3:53:19
released from jury duty. So we can have in the blind
3:53:23
tonight and we will 7:00 PM Eastern, 4:00 PM Pacific.
3:53:27
So join us over there. I don't have it scheduled yet,
3:53:29
though. I did not schedule it because I
3:53:31
don't know what's going to happen.
3:53:32
So shortly I'll have that scheduled over at In the Blind
3:53:36
and I'll be good to go there. And we'll be back here obviously
3:53:39
tomorrow morning, 9:00 AM Eastern, 6:00 AM Pacific.
3:53:42
And next week we'll bring back the pre show, so we'll have that
3:53:45
going too. Hope you all enjoyed yourselves.
3:53:47
I know there were some heavier cases today, but I thought it
3:53:49
was good court, so I appreciate all of you joining.
3:53:54
Over 500 moved in and out today. Yeah, about 550 people.
3:53:59
So good day, we'll see you all this evening hopefully and join
3:54:03
us over there. And if not, we'll see you all in
3:54:05
the morning. Take care, God bless.