Latest / The Courtroom Files / February 6 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #226

Transcript

February 6 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #226 · The Courtroom Files

• 0:01
  Good morning, everybody. Happy Super Friday.
• 0:03
  Welcome to Courtroom Files Live. It's great to have you all here.
• 0:06
  Right up until the last possible moment, I thought for sure we
• 0:09
  were going to have to start in the way back machine, but then
• 0:11
  all of a sudden Judge Middleton turned on his feed.
• 0:14
  So let's see what's going on. Good.
• 0:17
  OK, Yeah. Yes.
• 0:36
  We going to resolve those city. All right, We'll still put them
• 0:47
  in the Zoom room and explain what's going on.
• 0:49
  All right, all right, We are ready to begin.
• 0:53
  Everyone, thank you for your patience.
• 0:55
  We've been waiting for 21 minutes, but I think we're ready
• 0:58
  to go. Our first matter we're going to
• 1:02
  address as people versus Lucio, Gomez, Arios.
• 1:12
  De Lucio, Gomez, Larios. Is that you Sir?
• 1:17
  Don't want? To ask me, yes.
• 1:22
  The man on the screen is Pablo Bell.
• 1:25
  He is a certified court interpreter.
• 1:29
  And. He's going to assist us this
• 1:36
  morning. Senior.
• 1:53
  Bill, do you swear or affirm? To the best of your ability, you
• 1:58
  interpret these matters from Spanish into English and English
• 2:01
  into Spanish. Yes, I do, yeah.
• 2:06
  Senor Gomez Arias, you got 2 tickets for driving without a
• 2:13
  valid operator's license. 1 ticket was written under state
• 2:26
  law. Uno de Las multas fu escrita
• 2:31
  bajo Las Vegas del Estado. And file 24941ST.
• 2:40
  Is la forma numero dos ET edisa. That happened allegedly on May
• 2:48
  27th of 2024. It's just to say you don't sit
• 2:53
  the the marzo del dos mil vent de cuatro.
• 3:00
  You didn't appear for your arraignment.
• 3:03
  And. A bench warrant issued for your.
• 3:16
  A year later, September 29th of 2025, you got stopped again for
• 3:34
  driving without a valid license. Speeding.
• 3:51
  When you came to court on that case, you got arrested on the
• 4:01
  benchmark on the earlier case for not showing up for.
• 4:07
  Your arraignment. So one of these is from the city
• 4:16
  prosecutor and one is from the state prosecutor.
• 4:20
  Unas del El fiscal del estado yutres del fiscal de la cidad.
• 4:27
  The city prosecutor has agreed to dismiss their case.
• 4:32
  El fiscal de la cidad esta El liberatira El Los cargos que
• 4:37
  lazo. Which is file number 252020 OT.
• 4:46
  It's a caso El venti cinco docero docero ote.
• 4:52
  That is the second driving suspended and the speeding case.
• 4:57
  This is la El caso de que la suspendo de licencia.
• 5:01
  It established a manjando. In exchange for dismissing those
• 5:13
  cases. You're going to plead guilty to
• 5:27
  the 2024 case of driving suspended or driving without a
• 5:34
  valid operator. 'S license.
• 5:45
  In Michigan, driving without a valid operator's license is a
• 5:49
  misdemeanor. In Michigan, it.
• 5:58
  Is punishable by up to 90 days in jail and a fine of up to $100
• 6:11
  plus cost. You know, and it.
• 6:22
  Carries 2 points on your driving.
• 6:30
  You are here with your. Lawyer Miss.
• 6:32
  Casey Strong Miss. Strong, you confirm the plea
• 6:40
  agreement. Yes, your Honor.
• 6:46
  That's my. Understanding.
• 7:17
  Senor Gomez, Arias, anybody promise you anything to get you
• 7:21
  to plead to this charge or threaten you to try to get you
• 7:31
  to plead? No.
• 7:39
  No. You understand that by pleading
• 7:41
  to this charge, you'll be giving up all of these rights that you
• 7:45
  signed on this advice of rights form in Spanish.
• 8:06
  This is actually the first of the two cases.
• 8:10
  This is the one from 2024. Estes El primer caso de tolos
• 8:16
  casos que tien ES estafa Chao en El del dos mil venti cuatro.
• 8:37
  According to the ticket. On M66 near Jackson Rd. in Colon
• 8:49
  Township. And I.
• 9:00
  Pulled you over for speeding and found that you had no valid.
• 9:12
  Do. You recall that day?
• 9:17
  Where? Were you going?
• 9:22
  I was going to work. Where do you where do you work?
• 9:39
  Keep your keep. Your voice up.
• 9:41
  Speak louder. I
• 9:56
  I work in construction fixing houses and we move all over the
• 10:01
  place depending when where there is.
• 10:05
  Where can we fix a house? Right.
• 10:08
  Well, you got that ticket and then you never showed up for
• 10:11
  court. You got another ticket for the
• 10:20
  same thing driving without a valid license.
• 10:26
  Then. You ended up spending a night in
• 10:31
  jail. At one point you would try to
• 10:39
  tell me when you did tell me that you had a valid Mexican
• 10:42
  driver's. License the Mexico.
• 10:49
  See. Yes.
• 10:51
  You don't live in Mexico. You've moved here to Michigan.
• 10:55
  Perosino, Vivian. Mexico's Vivian Michigan and.
• 11:00
  When you move to Michigan, you need to get a Michigan driver's
• 11:04
  license. And to see this is in Michigan,
• 11:10
  Michigan. The problem is you can't get a
• 11:14
  Michigan driver's license because you don't have level.
• 11:19
  Residency status. So you can't drive and I can't
• 11:32
  fix it. Do you?
• 11:41
  Understand. Yes, I saw they did have someone
• 11:46
  bring you here today. The.
• 11:53
  Fine for this offense is $100. There's a $50 minimum fee that
• 12:02
  goes to the state of Michigan. Michigan. $75 crime victim right
• 12:11
  fee and a $150.00 attorney fee. You did post $100.00 of bond so
• 12:43
  the total fine with attorney fee and cost is $375.
• 12:54
  You posted $100.00 of bond. Which?
• 13:01
  Will apply to your fine, so you owe $275.
• 13:19
  You pay that today or do you need time to pay it?
• 13:32
  I will play today. Very good.
• 13:37
  Now. You can't drive anymore, you
• 13:41
  understand? I'd fix it if I could, but I
• 13:49
  can't. I understand.
• 13:58
  All right, Miss Strong, if you take your client out to the
• 14:00
  counter, he can pay that fine and his friend can drive him
• 14:03
  away and do you. Want.
• 14:06
  Me to take his people please. Thank you.
• 14:17
  Morning everybody, once again happy Super Friday.
• 14:19
  Welcome to TCF live. Good to have you all with me
• 14:22
  today. If you're a channel member and
• 14:24
  you did not catch the pre show after the show, go back and and
• 14:27
  take a look at that. It was it was humorful.
• 14:29
  I think you'll enjoy it. A slower start this morning out
• 14:33
  in Courtlandia. Judge Middleton is obviously up
• 14:37
  and running. Judge Elmore just got up and
• 14:39
  running a little bit ago, but that's about it at the moment.
• 14:42
  They'll come online though, it just takes time.
• 14:45
  But let's hang with Judge Milton for a while.
• 14:48
  Oh, it's just. We have several files regarding
• 14:57
  Narcisco Hernandez Hernandez. The name of virus Experiente Nas
• 15:04
  Nas Cisco Hernandez Hernandez, Yes.
• 15:08
  In file 242176 and 7/7. The defendant.
• 15:22
  Got charged with driving without a valid operator's license.
• 15:31
  And. Leaving the scene of an.
• 15:42
  Then he promptly failed to appear for his arraignment and a
• 15:45
  bench warrant issued for his arrest.
• 16:04
  He's also charged with having no insurance for that incident.
• 16:16
  Similar to the last defendant. The.
• 16:26
  Defendant got a ticket a year later for the same thing.
• 16:40
  And that was alleged that on December 2nd of 2025, he was
• 16:55
  arrested for operating while intoxicated.
• 17:00
  And. Open alcohol in a vehicle.
• 17:14
  Again, driving not a valid. You're here with your lawyer,
• 17:25
  Mr. Luke Noffsinger. He tells me that the case has
• 17:34
  not been resolved and he asked me to set this for a further.
• 17:51
  Some of these matters are charged under state.
• 18:01
  And some are charged under city ordinance.
• 18:05
  Iotos de Los cargos. So there are two different
• 18:11
  prosecutors involved in the case.
• 18:15
  Those fiscales different. Mr. Noffsinger, is it correct
• 18:24
  that you're trying to resolve all the cases together?
• 18:38
  Yes. And you would ask me to set this
• 18:41
  for a final pretrial to try to resolve all the cases?
• 18:54
  Yes. All right.
• 18:57
  We will set a final pretrial on a Thursday afternoon.
• 19:05
  I don't. Yet know what day that is, but
• 19:18
  it will be on a Thursday afternoon at 2:00.
• 19:28
  OK. Do you still live on West West
• 19:34
  St. To the BBS in West West St.,
• 19:40
  yes. All right.
• 19:43
  I want you to stay in contact with your lawyer.
• 19:46
  We're going to schedule a pretrial probably in March, and
• 19:51
  try to see if we can resolve all these cases at one time.
• 19:56
  Bueno, he needs to. Get fingerprinted.
• 20:09
  Did he get? Printed.
• 20:19
  We also need to take your fingerprints on at least one of
• 20:23
  these cases. Then I was que tamales as well
• 20:26
  as that tilares peruno de Los casos.
• 20:29
  We'll do that right now. ESO Globana set out in Este
• 20:32
  momento all. Right.
• 20:37
  The court officer will come out and they'll see that your
• 20:42
  fingerprints. Are taken.
• 20:53
  Caitlin, it's on the failed to stop at a personal injury
• 20:56
  accident case. Phone.
• 20:59
  Number and we can set up a time to.
• 21:04
  Tolerate. Do.
• 21:11
  You understand that you can't drive?
• 21:15
  Oh, I'm sorry. Judge.
• 21:22
  Yes. Put that one on the top.
• 21:30
  All right, you're good to go. Maybe yes, that yes, that is to
• 21:34
  say yes to play. Continuing.
• 21:36
  All right. Well, that's him go.
• 21:38
  All right, Pablo, we had one more interpreter case, Martinez,
• 21:46
  Rogelio, Martinez Alamanza, and that case is being adjourned by
• 21:52
  stipulation and that's filed 252704ST.
• 22:00
  That case is off, so it'll probably be adjourned to March
• 22:05
  6th. All.
• 22:15
  Right, that finishes our morning.
• 22:16
  Hope your car's warmed up by now.
• 22:18
  I'll see you next time. Sorry you didn't get a trip to
• 22:21
  Centerville this afternoon because Jenny told me you were
• 22:24
  going to bring Donuts from Yoders, but I understand that
• 22:29
  case settled so you can bring them next time, OK?
• 22:32
  Thank you, Your honor. All right.
• 22:34
  Thank you all. Right, bye.
• 22:38
  Bye, All right. We had a very troubling trend in
• 22:40
  2024 and 2025 of young Mexican men being arrested for drunk
• 22:46
  driving, about 1/3 of last year's cases for young Mexican
• 22:51
  drivers, often with an accident. And that looks like we're in the
• 22:55
  same pattern into the new year. All right, we have a number of
• 23:00
  cases up here and I thank you for all your patience.
• 23:02
  We finished the interpreter cases, which take a long time,
• 23:10
  three times longer. So let's I don't have Luke.
• 23:16
  So let's take Howard's case. Austin Sablaki
• 23:33
  try to do the Montauk cases last, but we'll move ahead
• 23:38
  today. Good morning, Mr. Sablaki.
• 23:45
  This is file 251711 OT Mr. Zablocki and I spent a lot of
• 23:51
  time together. We're working on things,
• 23:55
  sometimes with success, sometimes not so much.
• 23:59
  This charge alleges driving suspended on August 19th of
• 24:04
  2025. It's charged under Constantine
• 24:08
  City ordinance. Hello, Mr. Levine.
• 24:12
  Your Honor, I'd like to see you before you leave.
• 24:15
  I forgot. I forgot what you look like.
• 24:19
  Nice to see you in person. OK.
• 24:25
  He and I go all the way back to assistant prosecutors in 1980.
• 24:32
  At any rate, Mr. Souvlaki, this charge is a misdemeanor.
• 24:35
  It's punishable by up to 93 days in jail on a fine of up to $500.
• 24:40
  Here's 2 points on your driving record and requires that your
• 24:43
  license be suspended. You've been having some ups and
• 24:47
  downs. And how are you doing these
• 24:49
  days? Not too bad, just working.
• 24:53
  Where are you working by a lot of votes?
• 24:56
  Which is where? Bristol.
• 24:59
  So you got to get from Polar Road to Bristol for work?
• 25:03
  Yeah, it's hard to do when your license is suspended.
• 25:06
  I have a buddy of mine who works there so he gets me back and.
• 25:09
  Forth, that helps, Miss Montag, I guess I'll defer to you.
• 25:14
  What's the status here? Thank, your Honor.
• 25:17
  Mr. Bush and I have been working together to try to resolve Mr.
• 25:20
  Zaglaki's case. The main goal that we're trying
• 25:23
  to work towards is Mr. Zaglaki getting a driver's license.
• 25:28
  To that end, since the last time we were at court, he has made a
• 25:32
  lot of progress in terms of getting information together
• 25:37
  that will ultimately need to be submitted to the Secretary of
• 25:40
  State. He's been attending a a
• 25:42
  meetings. He has a book of meetings he's
• 25:45
  attending. Each time he goes, he writes a
• 25:47
  paragraph about what it is that you learned.
• 25:49
  He's gotten a drug screen. He's filled out the first part
• 25:53
  of this petition that needs to be submitted.
• 25:56
  The last thing that needs to be done is he needs to get an
• 25:58
  assessment that cost the money. So there there was a little bit
• 26:02
  of a, you know, hold back on that.
• 26:04
  But the hope is that now you can get an assessment and that by
• 26:08
  the time we come back here, if Your Honor branch of final
• 26:11
  pretrial, then we will have a hearing date with the Secretary
• 26:15
  of State and that will help Mr. Bush and I to.
• 26:18
  I tried to get Mr. Sablakia interlock and sobriety court.
• 26:22
  We had some stumbles, but Austin, I'm really pleased to
• 26:26
  see that notebook you got there. Part of the problem is you were
• 26:30
  not mature enough at that time to do what we were trying to do.
• 26:34
  Think you've grown up some and maybe you can get this
• 26:38
  accomplished. The problem is Montague.
• 26:40
  It's going to take a while so I can set a last pretrial, but we
• 26:46
  better set it out a little ways. Well, the hope is that what I've
• 26:49
  been finding is that because I, I do Secretary of State hearings
• 26:53
  as a matter of my practice. And So what I'm finding is that
• 26:56
  once we submit the documentation, it's taking about
• 26:59
  a month or two. To.
• 27:01
  Get the hearing date. Yeah, it's not, it's not very
• 27:03
  long. So the real hold up here is the
• 27:05
  assessment. I don't think that that will
• 27:06
  take more than a couple of weeks to get an assessment date set.
• 27:11
  So maybe, you know, a month or two I.
• 27:13
  Think I'll say set at least 60 days out, Is that acceptable to
• 27:17
  you, Mr. Bush? Is that acceptable to you, Mr.
• 27:21
  Bush? Correct, Your Honor, I think
• 27:23
  this is a good resolution. Mr. Bush has represented the
• 27:27
  village Constantine for 50 years or more, and his philosophy,
• 27:32
  like many of the other prosecutors, is to try to help
• 27:35
  people get their license back. So, Mr. Zablocki, there's some
• 27:40
  good news here. Maybe we can accomplish this.
• 27:43
  I will set this no sooner than 60 days from today.
• 27:47
  And we'll see you on a Thursday afternoon at 2:00.
• 27:54
  Thank you. Thank you, Mr. Bush.
• 28:02
  I need Luke got a couple of these.
• 28:06
  Let's see what else I've got here.
• 28:17
  Mr. McLaughlin, let's take your case.
• 28:19
  You've got just one. Nice to see you this morning,
• 28:23
  Mr. Westcomb. Would you come up and have a
• 28:25
  seat? Mr. Whitcomb?
• 28:29
  Mr. Whitcomb? Yes, Mr. Whitcomb.
• 28:31
  Westcomb is somebody else. Thanks.
• 28:58
  All right, Maybe we can go a little faster here if the judge
• 29:01
  wasn't so slow. Good morning, Rhonda.
• 29:10
  Good. Morning, Sir.
• 29:14
  As I indicated, we got a lot to do this morning.
• 29:17
  We ended up sort of stalling out a little bit at the beginning,
• 29:23
  but I think we can pick up the pace.
• 29:28
  Deputy Myers is here. She's ready to.
• 29:30
  Go. Yes.
• 29:42
  Who's Romero? Who's his lawyer?
• 29:53
  Yeah. Yeah, that's fine.
• 29:55
  Well, let me see if he owes me any money.
• 30:03
  Well, Judge racks up the next contestant once again.
• 30:05
  Good morning everybody. TCF live.
• 30:07
  Good to have you here. It is a slow morning out in
• 30:10
  Court Landy. At the moment it looks like some
• 30:14
  courts are ready to maybe, possibly start their day.
• 30:18
  I've got an eye on Judge Elmore. Not any more or less compelling
• 30:22
  than what we have here at the moment.
• 30:24
  So we'll stick with Middleton for just a little while and then
• 30:26
  probably move on. We had about 200 of those last
• 30:31
  year. As I mentioned, a lot of them
• 30:33
  were young Mexican men, and it's not a good trend.
• 30:41
  Operating while intoxicated is a misdemeanor for everybody here
• 30:44
  that's got that charged, punishable by up to 93 days in
• 30:47
  jail and a fine of up to $500, carries 6 points on your driving
• 30:52
  record and requires that your license be suspended.
• 30:56
  They indicate that on January 10th, at about 3:00 in the
• 31:00
  morning, you got arrested for operating while intoxicated
• 31:06
  right outside of Time Town here, M86 and Strobel Rd.
• 31:11
  You're here with your attorney, Stephen McLaughlin, and he's
• 31:15
  discussed this with the prosecutor and they've agreed to
• 31:18
  reduce this to a charge of impaired driving, is that
• 31:22
  correct, Mr. McLaughlin, that is.
• 31:24
  Correct, John. Impaired driving is better for
• 31:33
  several different reasons, but the main reason is it allows you
• 31:38
  to keep a restricted driver's license to drive back and forth
• 31:41
  to work. Impaired driving is punishable
• 31:45
  by up to 93 days in jail, and a fine of up to $300 carries 4
• 31:51
  points on your driving record rather than six.
• 31:55
  You have a valid license. Presently, you would have a
• 31:57
  chauffeur's license, a restricted license, but allow
• 32:01
  you to drive back and forth to work and in the course of work
• 32:06
  you had a suspended license in the past, but it appears to be
• 32:09
  valid now. Do you understand?
• 32:13
  Yes, Sir. And do you understand that by
• 32:15
  pleading to this charge, you'll be giving up all the rights here
• 32:17
  on your advice of rights. All right, let's take a look at
• 32:22
  this. 3:00 in the morning. January 10th was a Friday and it
• 32:27
  was Saturday morning. There's nothing in here but the
• 32:35
  ticket. Were you driving a car on M86?
• 32:41
  That's trouble. Were you going toward three of
• 32:43
  us or toward Centerville? Towards three of us.
• 32:46
  Where are you coming from? I was coming.
• 32:48
  From Moreland. It was the night of the first.
• 32:50
  It was January, January 1st. Oh yeah, it.
• 32:54
  Wasn't the 10th? It was January 1st.
• 32:56
  So it was New Year's Eve? Yes, Sir.
• 32:59
  How'd you end coming from Orland?
• 33:01
  Going to where? My mom lives.
• 33:03
  In Orland, that's where actually I grew up at.
• 33:05
  So. I stopped out and seen my mom
• 33:07
  and a friend that lives around the block.
• 33:08
  And then I. Slowly started making my way
• 33:10
  back, and I blew a tire at the bridge out here headed towards
• 33:13
  the rivers. I live in Three Rivers.
• 33:17
  OK Says you live in Baroque. But now you live in Three
• 33:21
  Rivers. I live in Three Rivers.
• 33:22
  Well, that's a twisty, turny way to come from Orland to Three
• 33:25
  Rivers. It just.
• 33:27
  I was it was like really snowing really bad.
• 33:29
  I just stayed on the main roads. Well, I came the back way from
• 33:33
  Orland. Yeah, that's what I meant.
• 33:35
  All right. What were you drinking?
• 33:38
  I had a Budweiser. What was your blood alcohol
• 33:45
  level, Mr. McLaughlin? Do you know?
• 33:48
  It is It's a .12 yard. All right, we're going to set
• 33:58
  this for it's called screening and sentencing.
• 34:03
  When we have a drinking driving case, we have to get some more
• 34:07
  information about you, about where you work and.
• 34:17
  So let's pick a date. We try to do these on Mondays,
• 34:38
  Mr. McLaughlin. Let's see what fits for you
• 34:44
  about Monday, March 16th at 11. Does that work for you?
• 34:51
  Yes, sure. None.
• 35:38
  All right, Mr. McLaughlin, I'll have you take your client out to
• 35:41
  the counter and get the notice for that screening and
• 35:44
  sentencing date and touch base with the probation department.
• 35:51
  We need to get his correct info. I think it shows he lives in
• 35:53
  Baroque. Yes, we'll get.
• 35:55
  That all right, Thank you. Yes.
• 35:59
  Yeah. Just don't need Kevin Lankard.
• 36:06
  The prosecutors agree to dismiss it in exchange for restitution.
• 36:12
  He's got bond sufficient to cook restitution.
• 36:15
  Is that something we can take care of internally in that?
• 36:17
  Yeah, we'll do it. No, I won't do it on the record.
• 36:20
  I mean no, I mean internally. You can just.
• 36:23
  Do it now you can tell the. Clerk to.
• 36:25
  Do that, they'll take the restitution out and take care of
• 36:27
  it. OK, right.
• 36:28
  Sounds good. Thanks.
• 36:31
  All right, Mr. Moore, let's take your Do you have just one today?
• 36:35
  2/1 is a civil impression. Actually I had two.
• 36:39
  Oh, you have another one? Yeah, Mr. Brajos.
• 36:41
  Oh, Mr. Brajos, sorry about that.
• 36:45
  I got so many cases up here. Why don't we do him too while
• 36:47
  you're here? But have a seat.
• 36:59
  Thank you. This is file #26-53 OT.
• 37:12
  This is a Sturgis yes ordinance case.
• 37:22
  They got charged with leaving the scene of a property damage
• 37:25
  accident. That's a misdemeanor.
• 37:27
  It's punishable by up to 90 days in jail, fine of up to $100, and
• 37:32
  it carries 2 points. The way it's charged here, your
• 37:38
  lawyer has worked out an agreement with the prosecutor or
• 37:42
  you will plead to a charge of leaving the scene of an accident
• 37:45
  with a fixture, which is something like a fence post or a
• 37:50
  fire hydrant or a sign that doesn't carry any points.
• 37:55
  It's a zero point offense, but it is a misdemeanor.
• 37:58
  Do you understand? Yes.
• 38:09
  Mr. McLaughlin, you agree that's the plea agreement?
• 38:12
  Yes. Sir, anybody threaten you to get
• 38:18
  you to plea to this promise you anything?
• 38:21
  No. All right.
• 38:23
  And you're giving up all the rights here on this advice of
• 38:27
  rights. Let's take a look here Mr. Bras,
• 38:31
  see if you record any more. All right, tell me what
• 38:46
  happened. I was.
• 38:48
  On my way to work. And get a patch of ice.
• 38:52
  And you hit a what? A patch of ice.
• 38:55
  OK. And then what did you have?
• 38:57
  And then I hit mailbox. All right.
• 39:02
  And that's probably fixture. Yeah.
• 39:49
  This was at 5:00 at Night Cottage and 4th St. in Sturgis.
• 39:55
  So what did you do then? You just kept driving and went
• 39:58
  home. I took it to a friend's house
• 40:00
  down the street. I just left her there.
• 40:04
  Nice car, 215 BMW. How much damage it due to your
• 40:08
  car in total? A total of your car?
• 40:11
  Well yeah it did. It did because the insurance is
• 40:17
  1/3. If it's a third of the cost of
• 40:19
  the car then it's technically total.
• 40:22
  Must have been some. The parts are expensive, but we
• 40:26
  often think these are drunk driving cases that got away.
• 40:30
  But this is 5:00 at night, not 5:00 in the morning, and there's
• 40:38
  no indication of anything else. So I'm just going to find you
• 40:42
  $100 plus cost and the matter will be done.
• 40:49
  So I said it doesn't carry any points.
• 41:08
  There's about 10 different ways to charge failing to stop or
• 41:14
  report an accident and some have different so one time I had a
• 41:23
  copy of all of them. Accidents to fixtures is 257621
• 41:32
  also carried. They used to carry a driver
• 41:35
  responsibility fee which was $500 a year for two years.
• 41:42
  Thank God we've done away with that.
• 41:49
  All right, Fines $100 and there's 75 and 50 in state cost,
• 41:53
  so the total is 225. Can you pay that today or do you
• 41:58
  need time to pay it? I need time to pay it.
• 42:01
  Well, I'll give you 30 days. We'll make that due by March
• 42:05
  6th. That's about there's
• 42:16
  instructions on how to pay with a credit card.
• 42:20
  You can pay with green cash, certified check or money order.
• 42:41
  The court's address is. On it.
• 42:44
  But all right, you're good to go.
• 42:48
  Thank you, Thank you, thank you all.
• 42:56
  Right, friends, once again, good morning.
• 42:58
  Welcome to TCF Live. It's a Friday.
• 43:00
  It's a Super Friday. Why do we call it Super Friday
• 43:03
  here, TCF? Because we're overachievers,
• 43:05
  that's why. Anybody can have a regular
• 43:07
  Friday. Ours need to be just a tick
• 43:10
  better. So a certain Cedric Simpson just
• 43:15
  sat down to start his day. Let's see what's going on.
• 43:18
  Great question, haven't seen him.
• 43:20
  He's a wall. This.
• 43:21
  Morning. I believe Mr. Fischer, he's just
• 43:23
  covering all the. Cases that I have actually.
• 43:25
  Done. Mr. Fischer's covering
• 43:26
  everything. I think so I.
• 43:28
  Think so? I'd really like to get home for
• 43:30
  dinner. I.
• 43:33
  OK, well. We'll hold off on the waiver.
• 43:37
  I'll call cases that they don't. Need to waiver.
• 43:42
  So and we'll wait for him. So just make sure I'm not
• 43:46
  calling the PD case court calls the case people versus Nyjah
• 43:51
  Kahala when you are ready to cook with.
• 43:53
  People. Good morning, Ronald.
• 43:57
  Dan giving up a half. Mr. Kahala stepping forward.
• 43:59
  Can you state your name Naji? Naji Kahala.
• 44:01
  Thank you. In the meantime.
• 44:04
  Separate final settlement conference people are unable to
• 44:06
  proceed. Motion, just for sure.
• 44:45
  Well, Judge's feed just went dead.
• 44:51
  Not sure what that was all about.
• 44:52
  We'll see if he restarts it. In the meantime, back to no,
• 44:56
  let's not do that. Let's go to Elmore.
• 45:01
  Judge Elmore, we'll go there. And I'll see what's.
• 45:06
  Going on with Judge. Simpson, the court in Misaki
• 45:07
  County, however, I'm here in West County on the bench.
• 45:13
  We're going to take up two. Files.
• 45:15
  Each file is entitled People in the State of Michigan versus
• 45:18
  James Curb. First case number is 22-3284 FH
• 45:25
  and the second file is 22-3285 FH.
• 45:31
  Appearances beginning to prosecute.
• 45:32
  Thank you. David didn't hang on behalf of
• 45:34
  the people. Morning, Your Honor, Bernard
• 45:36
  Jockins appearing on behalf of the defendant.
• 45:39
  I'm appearing at the Grace of the Court by the Zoom
• 45:41
  application, and my client is also appearing on the Zoom
• 45:46
  application. All right, Nancy, if you can't
• 45:50
  see that, it's Jacobs JOCUNS. All right, folks, thank you very
• 45:55
  much. Also joining us today via Zoom
• 45:57
  from the Gladwin County Jail is the defendant, Mr. James Kerr.
• 46:01
  Mr. Kerr, are you able to see and hear the court?
• 46:05
  I can see the courtroom. All right, good enough.
• 46:18
  Here here today for a alleged bond violation and it looks like
• 46:26
  we had an initial show cause or arraignment back on January
• 46:31
  30th. The court ordered that the
• 46:34
  defendant would be held without bond.
• 46:38
  There was a law of council. Mr. Barnett.
• 46:44
  Who? Actually hadn't appeared on the
• 46:46
  case, I don't think in a couple years.
• 46:48
  And then we got Mr. Jacobs, who has now come on to help us
• 46:52
  today. Let me find the allegation here.
• 46:55
  Just a moment. Looks like there was a amendment
• 47:05
  to his bond. I signed that back in June 26th
• 47:15
  2024. Like he had been allowed to
• 47:23
  attend treatment back in 2022, then had been in an allegedly in
• 47:31
  an upsconder status since. Mr. Jenkins, how does your
• 47:35
  client wish to respond to this today?
• 47:37
  Are we going to have a contested hearing or what?
• 47:42
  No, Your Honor, and. This is what?
• 47:44
  What's going on today? He's going to be acknowledging
• 47:47
  responsibility of the of the bench warrant and the violation
• 47:51
  and it's going to be part of a global resolution.
• 47:55
  All right. So we anticipate a resolution
• 47:57
  today. That's the case, Mr. Dunham.
• 47:58
  That's correct. Your Honor, Your Honor of
• 48:01
  closing counsel and myself, we've been communicating over
• 48:03
  the last few days and it's my understanding that to resolve
• 48:06
  both cases which involve the underlying narcotics found of
• 48:10
  two traffic stops, In any event, to resolve both cases, it's my
• 48:14
  understanding that the defendant will be pleading guilty to use
• 48:19
  of methamphetamine. That being a maximum one year
• 48:22
  misdemeanor, it may make sense to enter that.
• 48:25
  I have no particular preference, but it may make sense to enter
• 48:27
  that in 223284 because the underlying charge was possession
• 48:32
  of meth in that particular file and then the other file would be
• 48:35
  dismissed. And as part of this global
• 48:37
  resolution, as opposing counsels indicated, there will be an
• 48:40
  acknowledgement that he failed to return as required by the
• 48:44
  prior quarter. All right, so I'm just going to
• 48:47
  make sure I've got that all correct.
• 48:48
  In file 3284, the defendant is charged with possession of meth
• 48:54
  as a third habitual felony offender.
• 48:57
  Both of those. Will be dismissed if the
• 49:00
  defendant enters a plea of guilty to the lesser charge of
• 49:04
  use, which is a misdemeanor. And then in addition to that, if
• 49:10
  that happens, then in file 3285 where the defendant has a charge
• 49:16
  of possession of an analog, operating a license suspended,
• 49:22
  operating a vehicle with an unlawful plate as 1/3 of
• 49:25
  habitual offender. That will all be.
• 49:27
  Dismissed. All right, Mr. Jockins, is that
• 49:30
  what you understand, Sir, today as well?
• 49:33
  That's an accurate statement, Your Honor.
• 49:36
  All right, Mr. Kerr, have you heard with the attorneys have
• 49:39
  described to me as the resolution today?
• 49:43
  Yes, your Honor. All right.
• 49:45
  And is that how you wish to resolve today's case or cases?
• 49:49
  Yes, Your Honor, please raise your right hand.
• 49:52
  Do you swear or affirm that the information and testimony that
• 49:59
  you're about to provide shall be the truth, the whole truth, and
• 50:02
  nothing but the truth, Sir? Yes, your Honor.
• 50:06
  You may lower your hand. All right.
• 50:09
  Well, these cases came about a few years ago.
• 50:13
  We're going to talk about the charges in the pretrial
• 50:15
  agreement in just a moment, Mr. Kerr.
• 50:19
  However, we need to go back over and talk about the bond
• 50:22
  violation allegation. Other than the terms of the
• 50:26
  pretrial agreement, which we've discussed today already on the
• 50:30
  record, have there been any other promises throughout your
• 50:34
  inducements to get you to plead or, I'm sorry, admit
• 50:36
  responsibility to violating the bond conditions?
• 50:42
  No, no. OK, hold on, because you looked
• 50:48
  a little inquisitive there. I'm going to make sure I say it
• 50:50
  loudly enough so you can hear me.
• 50:52
  I understand that you're on a laptop.
• 50:56
  So part of today's resolution is not only the police, as I
• 51:01
  mentioned a moment ago, and the dismissals, but also that you're
• 51:05
  going to admit responsibility for violating your bond and
• 51:08
  being in an upsconder status. Is that true?
• 51:12
  Oh yeah. Yes, Your Honor.
• 51:14
  OK. Thank you.
• 51:15
  Has anyone? Forced you to do this, compelled
• 51:18
  you to do it. Put a gun to your head, threaten
• 51:21
  to beat you up or anything like that.
• 51:23
  No, Your Honor. All right, so you're making this
• 51:26
  choice of your own free will today, Sir?
• 51:29
  Yes, Your Honor. All right.
• 51:31
  Therefore, I'm going to ask Mr. Kerr, is it true that you
• 51:36
  violated your bond and you've been in an upsconder status now
• 51:39
  for the last couple years? Yes, Your Honor.
• 51:42
  All right. Thank you.
• 51:44
  All right. The court finds the defendant in
• 51:46
  violation of his bond. Technically, the court revokes
• 51:49
  his bond and remands him into custody.
• 51:52
  Next thing, Mr. Kerr, is we're going to talk about these pleas
• 51:55
  in these two cases. Are you able to hear me clearly?
• 52:01
  Yeah. Do I need to?
• 52:03
  Speak up louder. No, they're just doing.
• 52:07
  Dishes or something? There's water spraying too.
• 52:10
  You're you're I can hear you pretty good.
• 52:12
  All right. Thank you.
• 52:14
  All right, Sir, there are two files.
• 52:16
  The first file is file number 3284.
• 52:19
  In that case, you are charged with a single count of
• 52:23
  possession of methamphetamine. Now that initially is a felony
• 52:27
  punishable by up to 10 years and or up to $15,000.
• 52:33
  Plus there's a sentencing enhancement called a third
• 52:36
  habitual felony offender. And what that means is if you
• 52:40
  were convicted with that on the charge sheet, within the
• 52:44
  discretion of the court, that maximum punishment could be
• 52:47
  increased from up to 10 years to up to 20 years and from up to
• 52:52
  15,000 up to $30,000. However, all of that will be
• 52:57
  dismissed today if you enter, enter a plea of guilty to and
• 53:01
  added Count 2. Added count 2 would be a charge
• 53:05
  of use of the controlled substance methamphetamine.
• 53:10
  Now use is a misdemeanor that is punishable by up to one year and
• 53:16
  or up to $1000. You understand?
• 53:23
  Yes, Your Honor. All right, Thank you.
• 53:26
  Now, I keep in mind here for you that if you were to be picked up
• 53:29
  and charged or convicted of some other drug case, this conviction
• 53:35
  for a use could also be used against you to increase the
• 53:39
  potential punishments on any future drug case.
• 53:43
  Now, by the way, when I say that, I'm not trying to suggest
• 53:46
  that that's going to happen to you or that you're going to go
• 53:48
  back to using controlled substances, but I just want to
• 53:51
  make sure you understand how it could impact you in the future.
• 53:54
  Do you understand so far? Yeah, sure.
• 54:00
  Now in the other file, file 3285, you are charged with three
• 54:07
  criminal offenses. Count 1 is possession of a
• 54:13
  controlled substance. Specifically, it's called an
• 54:16
  analog. An analog is a.
• 54:17
  Controlled. Substance that's derived from a
• 54:20
  controlled substance, but it might be made into a medication
• 54:23
  and this one is diazepam. Now that's a felony punishable
• 54:27
  by up to two years and or up to $2000 plus again, there is 1/3
• 54:33
  habitual felony offender enhancement that could within
• 54:38
  the discretion of the court, allow the court to increase that
• 54:41
  potential punishment from up to two years to up to four years
• 54:45
  and from up to $2000 to up to $4000.
• 54:50
  Count 2 is operating a vehicle, a license is suspended, denied a
• 54:53
  revoked. That's a misdemeanor punishable
• 54:55
  by up to 93 days and up to $500 plus vehicle mobilization.
• 55:01
  And Count 3 is in charge of unlawful use of a plate on a
• 55:07
  vehicle that is a misdemeanor punishable by up to 90 days and
• 55:11
  or up to $100. However, all of that will be
• 55:15
  dismissed if you enter that plea of guilty to the added count to
• 55:20
  abuse in the other file. You understand so far?
• 55:25
  Yes, Your Honor. Now, by entering a plea of
• 55:29
  guilty, if this Court accepts that plea, you will be waiving
• 55:32
  certain rights. Now, that includes the right to
• 55:34
  be tried by a jury, the right to be tried without a jury if you
• 55:38
  chose the court and the prosecutor consented.
• 55:40
  The right to be presumed innocent until proven guilty.
• 55:43
  The right to have the prosecutor proved beyond a reasonable doubt
• 55:45
  that you are guilty. The right to have the witnesses
• 55:48
  against you to appear at the trial.
• 55:49
  The right to question, cross examine those witnesses against
• 55:52
  you. The right to have the court
• 55:53
  order any witnesses you may have for your defense to appear at
• 55:56
  the trial. The right to remain silent
• 55:58
  during the trial. We do not have that silence used
• 56:00
  against you. And the right to testify at a
• 56:02
  trial if you're to choose to testify.
• 56:04
  Do you understand those rights, Mr. Kerr?
• 56:07
  Yes, Your Honor. And even more importantly, do
• 56:10
  you understand that if you plead guilty and I accept that plea,
• 56:14
  you will be forever waiving those rights as they apply to
• 56:16
  this these particular cases? Yes, Your Honor.
• 56:21
  Additionally, any appeal as to the conviction and sentence
• 56:24
  pursued to this pretrial agreement would be then by
• 56:28
  filing an application for leave to appeal and not a claim to
• 56:31
  appeal by by right, which is only entitled to a defendant
• 56:34
  when they are convicted after a trial.
• 56:37
  Or you may be giving up the right to appeal issues.
• 56:39
  It would otherwise only be appealable if you were convicted
• 56:42
  of trial. You will also be giving up the
• 56:45
  right to claim that the plea was a result of any promise, threat
• 56:48
  or inducement. Not told to me right now on the
• 56:51
  record. Have there been any other
• 56:53
  promises, threats or inducements to compel or encourage you to
• 56:57
  plead guilty the day that we haven't talked about?
• 57:01
  No, Your Honor. How are you entering the plea if
• 57:04
  you own for a choice? Yes.
• 57:07
  Your Honor. Now I I understand that Mister
• 57:10
  Jenkins has come in to help you a little bit here at the end.
• 57:14
  Have you been able to speak with him about the charges?
• 57:18
  Yes, your Honor. Have you been able to speak with
• 57:21
  him about the pretrial agreement?
• 57:24
  Yes, your Honor. Has he been available to answer
• 57:27
  all your questions for you? Yes, your Honor.
• 57:31
  And are you satisfied with this council thus far?
• 57:36
  Yes, Your Honor. All right, now, we're going to
• 57:39
  talk here in a minute. There's probably do sentencing.
• 57:45
  Well, well, anyways, I'll, I'll look into it.
• 57:48
  Has anybody made any promise to you or suggested to exactly what
• 57:52
  the maximum, I'm sorry, what the sentence would be from this
• 57:54
  court? No, Your Honor.
• 57:59
  All right. Do you still wish, Senator, the
• 58:00
  plea of guilty that we discussed earlier?
• 58:03
  Yes, Your Honor, in file 3284 as to the added count to of use of
• 58:11
  methamphetamine, A misdemeanor constable by up to $1000 and up
• 58:15
  to a year. How do you plead guilty?
• 58:20
  Before the court can accept that plea, I need to have you tell me
• 58:23
  what you did that makes you guilty of that offense.
• 58:26
  So I'm going to turn your attention almost four years ago
• 58:30
  now, 3 1/2 years ago, back to August 5th of 2021 over in
• 58:36
  Richland Township in the Saukee County.
• 58:40
  Were you stopped out on West Falmouth Rd.
• 58:43
  Looks like by a deputy. Yes, your Honor.
• 58:49
  All right, and. Were you driving a car?
• 58:52
  Were you a passenger in a car? I was driving.
• 58:57
  All right. And when that officer was there,
• 59:01
  did they find some methamphetamine on your person
• 59:04
  or within your area of control? Yes, Your Honor, Tell me where
• 59:09
  it was. It was.
• 59:13
  Like right, I was using it. It was, it was on my lap.
• 59:17
  OK. And so when you said you were
• 59:19
  using it, how how were you using it?
• 59:23
  Smoking it. OK.
• 59:25
  And did you know that what you were inhaling or consuming was
• 59:28
  the controlled substance methamphetamine?
• 59:32
  Yes, your Honor. All right, I always find this
• 59:35
  next question, and I don't mean to be rude, a little bit comical
• 59:38
  because technically methamphetamine I think is used
• 59:42
  for. 2 or. Three medical issues somewhere
• 59:45
  in the world, but I don't think you have them.
• 59:48
  Did you have any lawful right to be consuming or using that
• 59:51
  controlled substance that day? No, Your Honor.
• 59:57
  Thank you, Mr. Denon. You believe the defense?
• 59:59
  Provided A factual basis, are you aware of any other promises,
• 1:00:02
  threats or inducements? You believe the courts in
• 1:00:05
  Compliance Commission call 6.302?
• 1:00:07
  All right, Mr. Jokins, do you agree with all three of those?
• 1:00:10
  Yes, your Honor. Thank you.
• 1:00:13
  The Court agrees and finds the defendant's plea today is made
• 1:00:15
  freely, knownly and voluntarily. The Court further finds that the
• 1:00:19
  testimony provided by the defendant Underoath on the
• 1:00:21
  record satisfies the elements for added Count 2 and File 3284.
• 1:00:26
  Therefore, the defendants found guilty of that count for use of
• 1:00:30
  the controlled substance methamphetamine.
• 1:00:33
  The remaining count, Count 1 and the third eventual enhancement
• 1:00:37
  will be dismissed at, at or after the time of sentencing.
• 1:00:42
  At the same time, the court will dismiss files, I'm sorry, the
• 1:00:45
  counts alleged in file 3285. Now the next question is, can we
• 1:00:52
  proceed to sentencing? And what's going to help me make
• 1:00:55
  up my mind is, Mr. Jacquins, can you tell me, is your client
• 1:01:00
  serving a jail sentence? Does he have another charge over
• 1:01:03
  in Gladwin that'll help me make it?
• 1:01:05
  To my understanding, Mr. Kerr is serving a sentence in which he
• 1:01:11
  has a cap. That might be one year.
• 1:01:14
  But I believe that Mister Kerr, if he has asked directly, he
• 1:01:17
  could tell the court exactly what that sentence is.
• 1:01:19
  Judge. All right.
• 1:01:21
  Thank you. Mr. Kerr, can you tell me for
• 1:01:23
  what are you serving a sentence? What's the conviction?
• 1:01:28
  Fleeting and looting. I.
• 1:01:31
  I I I I have to March. My March is my next court date
• 1:01:35
  and I I. Took a deal here.
• 1:01:37
  Trying to clear up all my warrants for every county.
• 1:01:39
  And and take. Responsibility for all my
• 1:01:41
  actions and I took a deal here. For one year.
• 1:01:45
  Cap so. Our, you know, just waiting on
• 1:01:49
  them and my next court date is until March all.
• 1:01:53
  Right. So, all right, So that means at
• 1:01:57
  least I interpret what you're telling me is that you have not
• 1:02:00
  yet been sentenced, but you have entered A pretrial agreement in
• 1:02:03
  which there is an agreement that there would be up to one year.
• 1:02:07
  Or what other people? Will call as a one year or a
• 1:02:09
  jail cap. Is that correct?
• 1:02:12
  Yeah, sure. All right.
• 1:02:14
  Thank you. Mr. Denham.
• 1:02:16
  Any objection of proceeding to sentencing?
• 1:02:19
  No, no. Objection.
• 1:02:20
  I would be prepared to proceed today.
• 1:02:21
  All right now, Mr. Kerr, I can't proceed with sentencing in this
• 1:02:26
  file right now. However, before I do so, I need
• 1:02:29
  to ask you a question. Every defendant has the right to
• 1:02:35
  be in front of the court when there is a sentencing.
• 1:02:39
  However, you are able to waive that right and allow us to
• 1:02:44
  conduct sentencing right now via Zoom.
• 1:02:48
  Do you waive that right to be physically present or do you
• 1:02:50
  want me to send somebody down to pick you up and drive you over
• 1:02:53
  here? No.
• 1:02:55
  You're on. I don't.
• 1:02:56
  Want to waste the court's time? I waive that right.
• 1:02:58
  All right, Mr. Jockins, any objection to that waiver?
• 1:03:02
  No, Your Honor, thank you. I find that the technology is
• 1:03:06
  appropriate and permissible underneath the courtrooms.
• 1:03:09
  Mr. Denham, your recommendation on behalf of the people?
• 1:03:12
  Yeah, sure. Thank you, your honor.
• 1:03:13
  The two cases involve 2 separate traffic stops within a few days
• 1:03:16
  apart each finding narcotics. There was nothing exacerbating
• 1:03:22
  about the traffic stops himself. There's no resisting or
• 1:03:25
  anything. So he was.
• 1:03:26
  Cooperative at the scene and sometimes has elapsed.
• 1:03:29
  I believe initially he left because he had a medical
• 1:03:31
  condition. In any event, the people not
• 1:03:34
  requesting a period of probation, we believe that it
• 1:03:36
  would be duplicative based upon the plea that's been entered in
• 1:03:39
  another county. We would leave any jail term to
• 1:03:42
  discussion of the. Courtyard.
• 1:03:44
  Thank you. Mr. Kurt, Do you still live over
• 1:03:46
  in Taylor or where you living these?
• 1:03:48
  Days I'm glad, I'm glad when, but I plan on moving out of
• 1:03:54
  state once I'm out of here because my dad just moved out of
• 1:03:57
  state. That's why I'm trying to serve
• 1:04:00
  jail time for it. No problem.
• 1:04:03
  All right, I'll. I'll.
• 1:04:03
  I'll listen to you in just a moment, Mr. Jockins.
• 1:04:05
  Anything. Allocution.
• 1:04:08
  Your Honor. This is a.
• 1:04:09
  Unique situation because usually somebody that you know, has
• 1:04:13
  multiple charges and multiple warrants at the same time, you
• 1:04:18
  know, a lot worse things can happen in four years.
• 1:04:22
  He absconded for two years. I talked to him about this
• 1:04:24
  yesterday and, and he was scared.
• 1:04:26
  He was trying to get by. He was trying to make money.
• 1:04:29
  And you know, from initially, I believe that there was a medical
• 1:04:35
  issue and he maybe a credit for the time that
• 1:04:53
  he's already been served as he's going to be serving about
• 1:04:57
  another 10 months or so in the Gladwyn County Jail.
• 1:05:03
  Thank you, Mr. Jenkins. Mr. Kerr, before the court
• 1:05:06
  issues have said that you have the right to be heard, is there
• 1:05:09
  anything else you wish to say today, Sir?
• 1:05:14
  I would just like to say I accept responsibility for not
• 1:05:16
  coming back. I had spinal fusion.
• 1:05:18
  I'm I'm even gladwin's got me going to do a brain scan.
• 1:05:21
  So I got a lot of medical issues and I just, I'm trying to, you
• 1:05:25
  know. Push through it and.
• 1:05:26
  And and accept responsibility for my actions and my actions
• 1:05:30
  alone. And thank you, Your Honor.
• 1:05:33
  Thank you. Court recognizes initially to
• 1:05:40
  say that. Hold on, this is a conviction
• 1:05:46
  for a misdemeanor. The law requires the court to
• 1:05:49
  begin with the presumption of just fines and costs, no jail
• 1:05:53
  and or probation. The court, however, does find
• 1:05:57
  reasonable grounds to give a jail sentence.
• 1:06:00
  That reasonable grounds is based upon the defendant's prior
• 1:06:03
  criminal history that I can see here on the felony informations
• 1:06:05
  in both files, the fact that he has multiple cases going on at
• 1:06:09
  the same time. Also that he's been picked up on
• 1:06:12
  a flea and elude in Gladwin County, plus the fact that we
• 1:06:17
  have set them to rehab and then that's when we absconded.
• 1:06:21
  The court therefore sentences the defendant and file 3284 as
• 1:06:26
  follows. A $50 state minimum fee, a $75
• 1:06:31
  crime victim's right fund fee, $100 court cost for the
• 1:06:37
  processing of the case. Mr. Jenkins, again, you accepted
• 1:06:41
  this as an appointment, is that correct?
• 1:06:43
  That's correct, Your Honor, court assesses a $300 attorney
• 1:06:48
  fee. The court also assesses a $100
• 1:06:53
  fine because there's no supervision and the court is
• 1:06:57
  does not obviously order a supervision fee.
• 1:07:00
  As for a period of jail, the court considering that he has a
• 1:07:09
  happen the other case, but hold on Mr. Kerr, when did you get
• 1:07:16
  arrested? Sir.
• 1:07:18
  When did you get arrested and. Gladwin Yes Sir, it was a. 2024
• 1:07:28
  for an old fleeting and a looting warrant.
• 1:07:32
  Yeah, but when did you get arrested?
• 1:07:33
  How long you been in jail is my question.
• 1:07:36
  Beginning of it was December 27th.
• 1:07:44
  Hold on just a moment, let me take a look here.
• 1:07:48
  It was like the beginning or I've been here for I don't, I
• 1:07:51
  don't even know what today is. I've been here about a month I'd
• 1:07:54
  say. All right, one second.
• 1:07:57
  All right. All right,
• 1:09:21
  the court sentences that offended to a jail term that
• 1:09:25
  will run concurrent to whatever, whatever other sentence he is
• 1:09:29
  currently serving or about to be served.
• 1:09:33
  I'm sorry, ordered by the other court, that is again, of course,
• 1:09:35
  if the other court complies, it's up to the traditional
• 1:09:38
  discretion of that judge, but the court sends the defendant to
• 1:09:42
  150 days and so far I am counting 26 days of credit for
• 1:09:51
  the record in case it ever comes up.
• 1:09:54
  I see that in the this original file 3284, the defendant was
• 1:10:00
  arrested on January 29th of 2022.
• 1:10:05
  The court allowed that he be released on April, sorry
• 1:10:08
  February 17th of 2022. Therefore, in that year he had
• 1:10:14
  19 days and thus far because I conducted the arraignment on the
• 1:10:20
  30th of January and up to the day, that's an additional week.
• 1:10:25
  Therefore, that gives the defendant the 26 days now with
• 1:10:30
  the good time and I'm not hold on for good time one second.
• 1:10:46
  If I'm correct, that means the defendant has 99 days left to
• 1:10:50
  serve on this particular file. It is the intent of this court
• 1:10:55
  to sentence you in a way that allows you to serve them
• 1:10:58
  concurrently and get out at the same time, or at least this
• 1:11:02
  hopefully shouldn't block you getting out.
• 1:11:05
  I hope that makes sense, but it does to me.
• 1:11:09
  Mr. Jockins, you have any questions about the sentence
• 1:11:11
  here of the Court? No, I do not, but I would like
• 1:11:15
  to give my e-mail address to the court clerk so I could get a
• 1:11:19
  judgment of sentence, if that's OK, Your Honor.
• 1:11:22
  Yeah, go right ahead, Sir. It is my.
• 1:11:25
  First name Bernard Bo, as in Oscar S as in Sierra.
• 1:11:46
  Yes, your Honor. I'm.
• 1:11:50
  A retired Lieutenant Colonel. All right.
• 1:11:53
  Any further today, Mr. Denna? I'm on behalf of the people.
• 1:11:56
  Mr. Kurt, do you have any questions about the sentence
• 1:11:58
  today? Well, I get like.
• 1:12:01
  Paperwork mailed on how much I owe.
• 1:12:05
  Yes, Sir. All right.
• 1:12:06
  Thank you, Your Honor. No, no more questions.
• 1:12:09
  Thank you. We're adjourned.
• 1:12:12
  I hope everybody's having a wonderful Friday so far.
• 1:12:15
  Thank you for joining us here at TCF Live and making us part of
• 1:12:18
  your day. So we started with Judge Simpson
• 1:12:21
  a little while ago, and then all of a sudden he just went
• 1:12:23
  offline. But he's back.
• 1:12:25
  So let's go see what's going on. All right, state your name
• 1:12:28
  please, ma'am. Renee Darga.
• 1:12:30
  Thank you. This is the daytime set for
• 1:12:32
  final settlement conference. The people are unable to
• 1:12:34
  proceed. I would move to dismiss people
• 1:12:37
  being unable to proceed. This case is dismissed.
• 1:12:39
  That's without predators. Thank you, Your Honor.
• 1:12:42
  Thank you. Bye, Mr. Take care.
• 1:12:48
  Workhouse Spaces of the People versus John Dafin.
• 1:12:50
  Morning. People.
• 1:12:54
  Morning I Rob J Duhonti. After Mr. Dafin, who's
• 1:12:56
  approaching podium. John, take the rest.
• 1:13:01
  John Dafin. Good.
• 1:13:04
  Morning. This is the daytime set for
• 1:13:05
  final settlement conference. People are unable to proceed on
• 1:13:07
  either matter. Yes, this matter be dismissed.
• 1:13:09
  Judge. People being unable to proceed
• 1:13:12
  these matters are dismissed. That's without purchase.
• 1:13:14
  Thank you and have a nice weekend.
• 1:13:16
  Thank you. I'll see you in the
• 1:13:39
  workouts case. People versus Jakara Griffin.
• 1:13:41
  You're in agreement to cook for the people, they said.
• 1:13:46
  PE cases. I.
• 1:13:51
  Saw Mr. Bird. I don't know where.
• 1:13:53
  Oh, that was Bird's case. You're sitting down there all
• 1:13:58
  morning and I call your case and you're not there.
• 1:14:00
  Sorry, no, you're not. Apologize Running Bird on behalf
• 1:14:07
  of shit. Kyra Griffin is Griffin.
• 1:14:08
  Can you please state your full name for the record?
• 1:14:11
  Griffin. The set for final settlement
• 1:14:14
  conference that the seven people are unable to proceed
• 1:14:17
  respectively, request dismissal. Young people being unable to
• 1:14:20
  proceed, this case is dismissed. That's without prejudice.
• 1:14:23
  And you bring your honorable cool.
• 1:14:24
  Have a great Friday. You do the same, Sir.
• 1:14:26
  Thank you. Ken.
• 1:14:30
  Or cause case People versus Edgar Castillanos.
• 1:14:34
  Morning, Your honor. Raymond Cook for the people.
• 1:14:40
  Good morning, Your honor. Julian put on.
• 1:14:41
  Behalf of the defendant Edgar Castellanos, please state your
• 1:14:43
  name. Edgar Castellanos.
• 1:14:45
  Aye, this is being set for final closing conference.
• 1:14:47
  At this time, people are unable to proceed.
• 1:14:49
  And we move for dismissal. People being unable to proceed.
• 1:14:52
  This case is dismissed. That's without prejudice.
• 1:14:55
  Thank your honor. Thanks, Sir.
• 1:15:01
  That's called the case. People versus Mackenzie Nyquist
• 1:15:04
  and. That's on behalf of the people,
• 1:15:06
  Your Honor. Morning, Your Honor, This is.
• 1:15:26
  Going to be. Long like that, you're on a
• 1:15:29
  roll. We're not.
• 1:15:34
  Hi, my name is Mary. Carthew, this is Matthew
• 1:15:36
  Vacuity. We are student attorneys
• 1:15:38
  requesting to appear on the record under MCR 8.120.
• 1:15:43
  Will you state your name for the record?
• 1:15:44
  McKenzie Nyquist, You. Forgot one part.
• 1:15:46
  Under the supervision of Miss Sarah Salan and obviously Miss
• 1:15:50
  Nyquist is here today in court. Good morning.
• 1:15:53
  Miss Allen. Good morning, Judge.
• 1:15:54
  You guys haven't been before me before, have you?
• 1:15:56
  Yeah. No.
• 1:15:57
  We're just three weeks in. Yeah, that's what.
• 1:15:59
  I thought. Yeah, where are you from?
• 1:16:02
  I'm from Michigan. Michigan, where it's a big
• 1:16:05
  state. Rochester, Oxford.
• 1:16:08
  OK. Kind of local, sort of.
• 1:16:11
  Yeah, an hour and a half. Where'd you?
• 1:16:14
  Go. I went to Michigan State.
• 1:16:19
  She's doing good with Rochester, MI state on purpose.
• 1:16:24
  Yeah. Oh, loved it.
• 1:16:27
  What about you? Where where'd you go to
• 1:16:34
  undergrad? Marquette.
• 1:16:35
  University in Milwaukee. OK.
• 1:16:36
  You went to Marquette, so you're good.
• 1:16:38
  OK. All right.
• 1:16:41
  I guess I'll give you permission practice.
• 1:16:43
  Thank you, your honor. You're.
• 1:16:44
  Welcome give me approach. Before we sure.
• 1:17:11
  OK, friends, since he's muted himself, let's let's head back
• 1:17:15
  to judge Elmore, new contestant. This case #5-14153-FH
• 1:17:26
  Appearances from Council. Please please it all for the.
• 1:17:29
  People. I'm Jeff Harrison.
• 1:17:31
  I'm here on behalf of Devon Jean Plum.
• 1:17:33
  All right. Thank you, Miss Plum.
• 1:17:36
  Joins. US this morning from Westford
• 1:17:38
  County Jail via Zoom. Miss Plum, are you able to see
• 1:17:42
  and hear before today? Yes, I am here.
• 1:17:47
  Thank you. We are here today for a motion
• 1:17:49
  filed by the defense regarding a modification of bond.
• 1:17:55
  The Court has received and reviewed both that motion in
• 1:17:58
  writing and response submitted by the People.
• 1:18:03
  Mr. Harrison, the floor is yours.
• 1:18:06
  Well, your Honor, in a lot of ways this isn't relatively, I
• 1:18:11
  suppose there's no no such thing as a.
• 1:18:15
  Orby. Lake or a regular type of
• 1:18:17
  motion. This is a motion.
• 1:18:18
  That was contemplated by the parties and discussed a little
• 1:18:22
  bit by the court in our last proceeding in court, to the
• 1:18:25
  extent that misses, Kerry also said go ahead and file your
• 1:18:29
  motion. But I'm going to.
• 1:18:30
  Oppose it. So nothing that's happened so
• 1:18:32
  far. Has come as.
• 1:18:35
  A surprise. In any way?
• 1:18:37
  The court intimated to Miss Plump the last time.
• 1:18:42
  We were here that. You would at least be open to
• 1:18:45
  the idea of her receiving residential treatment.
• 1:18:50
  And frankly, the court also stated that it wasn't a problem
• 1:18:54
  if she wanted to go before her scheduled hearing date.
• 1:18:57
  In response to that, Devin has been able to.
• 1:19:02
  Working with the. Brian from our.
• 1:19:04
  Office. Arrange an intake appointment on
• 1:19:07
  February 17th at the residential treatment facility.
• 1:19:11
  The I don't like to say that it's a form motion, Your Honor,
• 1:19:17
  but it contains language that the court has requested.
• 1:19:21
  We. Included such motions as far as
• 1:19:25
  the transportation issue and who's going to monitor what and
• 1:19:28
  that sort of thing. I'll be happy to take more
• 1:19:31
  questions. But I don't have.
• 1:19:34
  I don't have a whole lot more to argue than what's in front of
• 1:19:36
  you. Thank you all.
• 1:19:38
  Right. Thank you.
• 1:19:39
  Miss. Dahl on behalf of the people and
• 1:19:42
  again I just I reviewed even this morning your response so.
• 1:19:46
  Thank you, Your Honor. Just to reiterate that Miss Bone
• 1:19:51
  has a drug problem and that's clear from her record.
• 1:19:57
  The police report, she stated that she just got out of rehab
• 1:20:01
  and was clean. At the drug house.
• 1:20:03
  That she was found. There was a search.
• 1:20:04
  Warrant served on the drug house, there's a drug sale at
• 1:20:09
  that drug house and and lots of drugs found in the house.
• 1:20:12
  So I thought, your honor, just based on her statement because
• 1:20:20
  it's clear that she's not serious about getting treatment
• 1:20:23
  and getting super. I also got some new information
• 1:20:27
  that while she's been in custody, she's made phone calls
• 1:20:32
  stating that she's ready to resume work with Muskegon.
• 1:20:36
  So I believe that her Muskegon the city.
• 1:20:41
  Hold on, sorry. To resume work.
• 1:20:45
  Meaning with Muskegon, the city Muskegon, I'm assuming drugs.
• 1:20:52
  Oh. I'm sorry, I thought it was a
• 1:20:54
  Muskegon, but you've said Muskegon.
• 1:20:57
  OK, now we're getting. I apologize.
• 1:20:58
  That's all right. So I I believe her intentions
• 1:21:02
  are not genuine. She's had multiple drug charges
• 1:21:06
  in the past where she had opportunities to get the
• 1:21:08
  treatment that she needs. I think at this point she's
• 1:21:12
  trying to seek treatment in order to not get further jail
• 1:21:16
  time. I don't think she's serious
• 1:21:17
  about getting sober, as evidenced by her stating that
• 1:21:22
  she just got out of rehab and then immediately placed herself
• 1:21:26
  in a drug. House.
• 1:21:30
  It is the people's objection that this be granted.
• 1:21:33
  When was the alleged phone call or communication where she made
• 1:21:38
  that statement? When did that occur, Before or
• 1:21:41
  after the plea? Your Honor, I am not sure I got
• 1:21:46
  this information just this morning from Miss Kerry, so I
• 1:21:48
  don't have the details. If the court would like I, we
• 1:21:52
  can. Postpone.
• 1:21:52
  This hearing to another day and I can get more details from the
• 1:21:56
  jail. All right.
• 1:21:57
  So. Part of my reason for asking
• 1:22:03
  that question is, is well, and I'm not challenging, it's not up
• 1:22:07
  to the judge. Judges don't get to take a plea
• 1:22:10
  and then. Say, you know I don't.
• 1:22:12
  Like that plea, I think it should be higher.
• 1:22:14
  I think it should be lower. Courts only get to apply their
• 1:22:18
  discretion when it comes to a time of sentence.
• 1:22:21
  And if the people are so heavily concerned they took what was a
• 1:22:27
  life offense down to a two year maximum, that would be on the
• 1:22:32
  government, not on the court. So I, I, I'm taking some of that
• 1:22:37
  with a grain of, well, lots of salt because if.
• 1:22:41
  She was that. Big of a drug dealer in Haryana,
• 1:22:45
  then I would anticipate that and by the way, Miss Poem, I'm not
• 1:22:49
  saying that I'm just saying if that's what she was.
• 1:22:52
  And that was. The position of the people and
• 1:22:55
  they just took a life offense down with two years, which means
• 1:23:00
  they know that more than likely it's going to be an intermediate
• 1:23:03
  sanction cell means it's going to start with the presumption of
• 1:23:07
  no jail. But OK, Mr. Harrison.
• 1:23:10
  I. Would just.
• 1:23:11
  I'm kind of taken aback by the prosecutor's stance in this
• 1:23:14
  matter. Assuming that the prosecutor is
• 1:23:18
  not a professional drug and alcohol counselor, someone who
• 1:23:23
  is has already pre screened her and said she's eligible.
• 1:23:26
  And is a. Good candidate for the program.
• 1:23:29
  Not to mention we also have a social worker who is a trained
• 1:23:33
  person as far as evaluating people with drug and alcohol
• 1:23:37
  dependency issues, and he's determined that she's an
• 1:23:40
  appropriate candidate for this situation.
• 1:23:44
  This. Would not be.
• 1:23:45
  The first person in the history of mankind that had to go back
• 1:23:48
  to rehab. It happens.
• 1:23:50
  Unfortunately, it happens, and it happens because for a lot of
• 1:23:54
  the same reasons that Miss Plumb was trying to extricate herself
• 1:23:59
  from when this occurred. We all know.
• 1:24:03
  It's Robin and Jeff Plum's house.
• 1:24:05
  It's a very notorious location, well aware of.
• 1:24:09
  That was not living there full. Time.
• 1:24:11
  In fact, she had returned there to retrieve some more of her
• 1:24:14
  belongings on that day when TNT paid them a visit.
• 1:24:21
  I think. The majority of her issue is she
• 1:24:24
  gets out of rehab, she gets out of prison.
• 1:24:26
  She does have the determination to start a.
• 1:24:28
  New life, but the only. Life, she knows, revolves around
• 1:24:32
  the methamphetamine trade. That's the cycle we're trying to
• 1:24:41
  break and that's the help we're trying to get for as far as her
• 1:24:45
  getting less time in jail, I, I, I don't think that's even a
• 1:24:49
  consideration in this at this juncture.
• 1:24:52
  Devin has told me repeatedly that she wants to go to rehab
• 1:24:56
  whether the court sends her or not.
• 1:24:59
  This looked to be a good juncture to get that to happen
• 1:25:03
  prior to the return. And.
• 1:25:04
  Probably have adjourned to postpone sentencing in which we
• 1:25:08
  could say to you judge she completed another rehab while
• 1:25:12
  she was awaiting sentences. When was the last time she was
• 1:25:15
  in rehab? It was.
• 1:25:16
  A couple of years ago, I don't recall the exact date, Miss Plum
• 1:25:19
  would know. That.
• 1:25:20
  Miss Plum, when was the last time you attended any outpatient
• 1:25:24
  or inpatient treatment? 2023 through 24 when I was on
• 1:25:30
  parole successfully completed with Steve Saturday honor but if
• 1:25:45
  you're asking residential besides before I came here I
• 1:25:50
  would haven't been since 2000 and ten 2012 I believe yeah the.
• 1:25:58
  23. All right, well, when is
• 1:26:22
  scheduled? When is sentencing scheduled
• 1:26:24
  for? We have a date man.
• 1:26:25
  Yeah, we do. Your Honor will be.
• 1:26:28
  Changed from 3rd of February. All right.
• 1:26:31
  Do we have a PSI already? Sometimes we get them done
• 1:26:34
  quickly. OK, thank you.
• 1:26:37
  All right, well. Yeah, With all due respect, I
• 1:26:53
  just thought I'd like you know, Brian Potter did say he was
• 1:26:55
  trying to find out what happened today before he turned in the
• 1:26:59
  PSI. He I seen him last week, just so
• 1:27:01
  you're aware. Sorry.
• 1:27:03
  Thanks. It's OK.
• 1:27:05
  I'm sorry, Miss Palmer. I appreciate you telling me.
• 1:27:08
  I'm not surprised. That would make sense.
• 1:27:18
  Well, I'm tempted here to make further comments.
• 1:27:23
  About. The whole situation I will note.
• 1:27:31
  That. In my position, having been on
• 1:27:38
  both sides of that, the courtroom floor out there and
• 1:27:41
  haven't been up here now for over 5 years, that house, that
• 1:27:47
  location is well known. I know we had a case at last
• 1:27:54
  year involving her father, and I don't hold that against her, but
• 1:27:58
  I did does involve the same location, which even Mr.
• 1:28:01
  Harrison acknowledged. And I don't that's I don't hold
• 1:28:06
  that against her. She's not responsible for the
• 1:28:08
  sins of the father. But the point here is, is she's
• 1:28:12
  been in this lifestyle, this world for a long time.
• 1:28:16
  And I also want to give credit. I also want to give as much help
• 1:28:20
  as I can when people are dealing with controlled substances.
• 1:28:28
  Now, I'm also very sensitive as a judge.
• 1:28:32
  I know that there was an deal in that case and there was a court
• 1:28:37
  ruling. And what often is disappointing
• 1:28:41
  is the appellate courts don't always or the attorneys for
• 1:28:44
  those cases don't always explore the whole facts of the case.
• 1:28:49
  And by the way, Miss Pump. Do you know what that?
• 1:28:51
  You know what I'm talking about, ma'am.
• 1:28:54
  Yes, I. Do in that case, I, we, I
• 1:28:58
  stopped the trial, sent the jury out and we had this
• 1:29:02
  conversation. What didn't get?
• 1:29:04
  Found out and put in the appellate record was we had a
• 1:29:07
  conversation in chambers where the attorney was warned don't go
• 1:29:11
  down that road. And sure enough, that's what he
• 1:29:15
  chose to do. So when I say we all know what's
• 1:29:17
  going to happen, it was because we'd all talked about it in
• 1:29:20
  chambers. So I don't hold any of that
• 1:29:23
  against you either. So that's what I'm trying to be
• 1:29:26
  really sensitive to. None of that.
• 1:29:30
  Has any impact on my decision in here?
• 1:29:32
  And again, the sins of the mother and the father don't go
• 1:29:35
  over to the child. But I'm really concerned about
• 1:29:38
  you. I think you're in this world.
• 1:29:41
  Yes. Obviously you are think you have
• 1:29:45
  a drug problem. Clearly you do.
• 1:29:48
  I want to see you stop it. Yes, not only for you.
• 1:29:53
  But the community. I think that drugs.
• 1:29:57
  Are the largest. Criminal problem we have in our
• 1:29:59
  county and I can tell you that it's not me being biased.
• 1:30:03
  I can tell you that's the. Statistics so but at the same
• 1:30:08
  time I have the chance to send you to rehab and to give you the
• 1:30:16
  keys to the prison cell which means because if guy sent you to
• 1:30:21
  this rehab program which I'm. Going to do.
• 1:30:24
  And you flee, abscond, fail the program and you'll only have
• 1:30:29
  yourself to blame. Does that make sense?
• 1:30:32
  Yes, it does, Your Honor. The court will grant the motion
• 1:30:36
  to modify the defendant's bond and go back here and take a look
• 1:30:41
  at the language again for the court clerk.
• 1:30:47
  Your Honor, may I say one more thing?
• 1:30:49
  Yes, ma'am, of course. I don't know if you're aware but
• 1:30:53
  my mom did pass away in the beginning of December, so.
• 1:30:57
  I'm sorry, I did not know that. I assume the Corps was over.
• 1:31:02
  Yeah. Rob Robin Plump passed away from
• 1:31:04
  a an accidental intoxication of fentanyl.
• 1:31:08
  Overdose. See.
• 1:31:10
  Devin, that that's go. Ahead.
• 1:31:14
  No, I'm just going to say, Devin, that's why I say drugs
• 1:31:17
  and not victimless crimes. They spill on the other people.
• 1:31:20
  They spill on the children. And.
• 1:31:28
  I know your mom. Had.
• 1:31:30
  Struggled I've seen her here in the courtroom and when I hear
• 1:31:34
  about that it just makes me feel bad like somehow we failed or
• 1:31:38
  this is so I'm I'm very sorry. I just wanted to look.
• 1:31:44
  I'm sorry, I don't mean to get interrupt, I just wanted you to
• 1:31:47
  know I think she gave her life so I could live mine and that's
• 1:31:50
  how I'm going to use. That.
• 1:31:53
  I'm going to I'm I'm, I'm hoping so, Devin, and I don't mean to
• 1:31:57
  use your first name insulting, but I just do is to say I
• 1:32:01
  understand the problem and concerns and how it impacts
• 1:32:05
  people and hear about people not surviving.
• 1:32:09
  This. Issue and especially if they've
• 1:32:10
  been in front of me, really it's heartbreaking.
• 1:32:15
  All right, the court's going to release the defendant on APR
• 1:32:19
  bond beginning on February 17th at 2 thousand, 2026.
• 1:32:25
  She will be transferred by and this will have to be arranged
• 1:32:28
  through the public defender's office.
• 1:32:31
  She'll be transferred through the web Express, which does do a
• 1:32:35
  service for the county and we need to have that arranged ahead
• 1:32:38
  of time. Thankfully, Elect Express has
• 1:32:41
  worked with the county and we use some of the opioid funding
• 1:32:45
  and other funds to help do that. Transportation.
• 1:32:49
  She will be transported to the Sunrise Center.
• 1:32:52
  She will. She's ordered to participate in
• 1:32:55
  that program. If she leaves that program or
• 1:33:00
  she is terminated involuntarily, then her bond will be revoked
• 1:33:06
  and she'll have to return to jail.
• 1:33:11
  She will also sign a release that will allow community
• 1:33:14
  corrections from this court to monitor her attendance on this
• 1:33:18
  plump. What that means is community
• 1:33:21
  corrections will only have the ability to check that you're
• 1:33:25
  there. That's it, All right?
• 1:33:28
  Is she there? Is she doing what she's supposed
• 1:33:30
  to? I want to highlight that for
• 1:33:32
  you. So you don't think that anyone
• 1:33:36
  else outside of you and your counselors will know what you
• 1:33:38
  and your counselors talk about? I just need to know that you're.
• 1:33:42
  Doing what I. Told you to do.
• 1:33:43
  That's all. All right.
• 1:33:45
  Now, some of these programs, I can't remember if Sunrise Center
• 1:33:49
  does and they say, well, we don't, we don't like to do these
• 1:33:53
  because of whatever. You can tell Sunrise Center that
• 1:33:56
  if they don't allow just community corrections to check
• 1:34:00
  that you're there, I'll have you put back in jail.
• 1:34:04
  So you want to make sure that they do as I say again.
• 1:34:09
  No. One is going to know anything
• 1:34:11
  about your. Private.
• 1:34:12
  Communications. OK, OK, yes, I can't, I can't
• 1:34:17
  monitor you, at least your attendance.
• 1:34:22
  And why would I put somebody into a program, right?
• 1:34:26
  Your sentencing is scheduled to come up the week after, but I
• 1:34:31
  will, if the parties tell me and Mr. Harrison will be the one in
• 1:34:34
  charge of drafting the stipulation to say, hey, Judge.
• 1:34:37
  Yeah, she's still there, then I'll continue in the program and
• 1:34:40
  we'll adjourn your sentencing. Clearly, I understand, and you
• 1:34:44
  should understand as well, that I'm using your sentencing to
• 1:34:47
  hang over your head. I'm not saying I'm going to
• 1:34:50
  punish you. It's not like a stick, but it's
• 1:34:52
  really it's your way to convince me that I don't put you in
• 1:34:58
  prison. OK.
• 1:35:01
  OK. Thank you.
• 1:35:03
  Very much. It always sounds awkward and
• 1:35:05
  it's not to be mean, but it's just to say.
• 1:35:08
  I'm. Hoping that you take this
• 1:35:10
  opportunity to do all the right stuff and clearly I understand
• 1:35:15
  that I have this sentence hanging over your head that will
• 1:35:18
  hopefully help encourage you to maximize your full benefit, OK?
• 1:35:24
  OK. Thank you.
• 1:35:26
  Thank you very much. For this.
• 1:35:29
  And that means if they give you the opportunity for a sober
• 1:35:32
  living facility, I want you to stay in the sober living
• 1:35:36
  facility. Now, last thing, stay away from.
• 1:35:42
  I'm not saying you did it. There's no finding.
• 1:35:48
  Stay away from the people in Muskegon.
• 1:35:51
  Yes, you. Are any further today, Mr.
• 1:35:55
  Harrison? There's nothing.
• 1:35:57
  Further, your own miss don't. Kevin.
• 1:36:01
  I really sincerely mean this. Good luck.
• 1:36:03
  Because I'm, I'm, I'm very bothered.
• 1:36:06
  I didn't know about your mom and I'm very sorry.
• 1:36:07
  I'm sorry about that too. Your own I assumed.
• 1:36:10
  It was common. Though.
• 1:36:12
  Everybody thinks I know everything.
• 1:36:14
  I don't, so I intentionally get to stay out.
• 1:36:18
  And the best thing about being the judge is that I don't read
• 1:36:21
  police reports unless I'm asked to, and no one ever asks me to
• 1:36:24
  do it. So I don't know what goes on out
• 1:36:26
  in that world too much. All right.
• 1:36:28
  Thank you. We're here.
• 1:36:31
  So 2 points of wisdom from Judge Elmore.
• 1:36:34
  They're number one. Once again, he reiterates that
• 1:36:37
  drugs are not a victimless crime.
• 1:36:39
  He and I are very much aligned on that view.
• 1:36:42
  I've always had that view. And this is yet another example.
• 1:36:45
  You had parents that used it spilled on to the child that
• 1:36:50
  that behavior, that lifestyle, and here we go.
• 1:36:52
  It becomes generational. Man has a point.
• 1:36:57
  I know that a lot of people push back on that, but I don't think
• 1:37:00
  he's wrong. You can disagree with me and
• 1:37:02
  that's cool. That's part of what we do here
• 1:37:04
  at TCF. We discuss, we debate.
• 1:37:06
  We don't always agree, but that's my stance on that one.
• 1:37:10
  The other piece of wisdom that he gave was stay away from the
• 1:37:16
  people in Muskegon. Having grown up in Muskegon
• 1:37:21
  many, many years ago, I don't necessarily disagree with that
• 1:37:26
  statement. Anyways, let's head to Texas.
• 1:37:32
  Judge Stevens. Darius Temple stand by.
• 1:37:39
  Did the room shift or something? Yes, yes it did.
• 1:37:44
  I'm not kidding. I'm not kidding.
• 1:37:46
  Things are rolling off this desk and it's never done that before.
• 1:37:49
  You're just. I just put and it just rolls
• 1:37:51
  right off. That's never happened.
• 1:37:52
  I don't know what else can happen is.
• 1:37:55
  Shift the judge. What else can do what?
• 1:37:58
  The earth shifted. That's your final answer in
• 1:38:02
  jeopardy here. The Earth's vision, probably.
• 1:38:06
  That's all the family. All right.
• 1:38:15
  Are you Mr. Comer, fair? Yes, Sir.
• 1:38:17
  And you were here charged with the state jail felony of
• 1:38:21
  criminal mischief in 25 CR 769. And does the defendant waited
• 1:38:27
  this indictment and the arrangement here, can we proceed
• 1:38:30
  in summary, Yes. OK.
• 1:38:35
  In summary, this indictment, Sir, alleges as you probably
• 1:38:39
  intimately know, but we're going to remind you, it states that on
• 1:38:42
  or about March 9th, 2025 in Jefferson County, Texas, you
• 1:38:48
  committed the state jail felony of criminal mischief.
• 1:38:50
  Let's see, destroying grass and lawn by driving onto the grass
• 1:38:55
  and spinning the tires in your with your vehicle without the
• 1:38:58
  effective consent of the Lower Nature's Valley Authority.
• 1:39:02
  OK. If convicted of a state jail
• 1:39:05
  felony, you face no less than 180 days after up to two years
• 1:39:13
  in a state jail and a fine up to $10,000 can be assessed.
• 1:39:17
  Do you understand an agreement's been reached where you would be
• 1:39:27
  pleading guilty, placed on five years deferred or unadjudiculged
• 1:39:33
  probation fine? Is this, so this fine is odd
• 1:39:38
  $2320.14. Is that restitution?
• 1:39:42
  OK, All right, what I'm going to do is I'm going to put it down
• 1:39:45
  here on this little box that's these.
• 1:39:48
  These are brand new pads and they don't have a restitution
• 1:39:51
  option. So we're going to fill this.
• 1:39:55
  Is there any fine? No, fine your other.
• 1:39:58
  And there'll be terms and conditions of probation which
• 1:40:00
  are normal and customary for this type of offense.
• 1:40:02
  This is not your understanding of the agreement.
• 1:40:05
  Yes, Sir. If I follow this, you have no
• 1:40:08
  right of appeal of your case, do you understand?
• 1:40:10
  Yes, Sir. How do you plead to this?
• 1:40:12
  Guilty or not guilty not. Guilty.
• 1:40:15
  Is that your final answer? It's.
• 1:40:18
  Guilty. Guilty.
• 1:40:19
  Guilty. Yes, Sir.
• 1:40:19
  Is that your final answer? OK.
• 1:40:21
  Are you pleading guilty voluntarily?
• 1:40:23
  That is on your own free will and because you are guilty, yes.
• 1:40:28
  Sir. Couple of things we got to just
• 1:40:37
  by the way, have you ever been on probation before on those?
• 1:40:41
  If you do well, I'll shorten it to 1/3 a year and about a year
• 1:40:45
  and a half and then it's dismissed.
• 1:40:50
  It's not you're not found guilty.
• 1:40:54
  This isn't going to be deferred when I make the findings, which
• 1:40:57
  means there is no finding of guilt.
• 1:41:00
  If there's no finding of guilt, you can't be punished in any way
• 1:41:11
  with some other authority comes along in another way which
• 1:41:18
  doesn't end. There's some things we have to
• 1:41:22
  sign here on the bottom of that and there's, I think there's
• 1:41:41
  another page before that that hadn't been signed.
• 1:42:04
  And So what I'm doing is taking this.
• 1:42:06
  Also can I ask you OK, these are new paths, how do you erase
• 1:42:16
  something? Is there the clicking button on
• 1:42:19
  the pan judge just? Click and hold it and then you
• 1:42:23
  scratch over. This thing.
• 1:42:27
  And then hold it down. You missed our orientation.
• 1:42:34
  Why don't you say I didn't miss it?
• 1:42:37
  Didn't miss it at all? I think I'm missing this at all.
• 1:42:48
  Tell you what's marked here states exhibit one.
• 1:42:51
  Did you sign that document voluntarily understand it,
• 1:42:53
  discuss it with your attorney. Is everything true and correct?
• 1:42:56
  States exhibit one to evidence. So without objection, among
• 1:43:01
  other things, the states you are mentally competent in your
• 1:43:04
  guilty pleas freely and voluntarily made you know what
• 1:43:08
  you been charged to you, you were guilty of the crime charge
• 1:43:11
  and any lesser included offenses.
• 1:43:13
  You were giving up your rights to a jury final and rights to
• 1:43:15
  the appearance confrontation caused examination of witnesses
• 1:43:18
  totally satisfied that the representation provides are your
• 1:43:21
  lawyer all true so help you God State's exhibit one part of the
• 1:43:24
  record for all purposes pre sentence report ready to you.
• 1:43:28
  Yes Sir. I will follow this agreement if
• 1:43:30
  nothing further in find you are mentally competent entering this
• 1:43:33
  guilty. It is fully involuntarily made.
• 1:43:36
  Even though there's sufficient evidence supporting your guilty
• 1:43:38
  plea from State's Exhibit 1 admitted here to find you guilty
• 1:43:41
  beyond a reasonable doubt. I'm not going to find you guilty
• 1:43:43
  so long as you follow the terms and conditions of probation.
• 1:43:46
  The probation officer will go over with you, thank you and you
• 1:43:50
  will be deferring any finding of guilt for five years.
• 1:43:53
  And again, early termination is rewarded for everyone who who
• 1:43:58
  earns it. Make sure you follow these terms
• 1:44:02
  and conditions. If you fail, your probation
• 1:44:04
  could be revoked. You could be sentenced.
• 1:44:06
  You could then be found guilty of a felony and sentenced up to
• 1:44:08
  two years when the state jail. So fix this, OK, Anything else
• 1:44:12
  that is all see the probation office.
• 1:44:14
  Thank you. So Ashley and Great Granny are
• 1:44:17
  both saying that we've seen this one before.
• 1:44:23
  No, this is from judge's feed this morning.
• 1:44:27
  It happened about 10 minutes ago.
• 1:44:29
  So perhaps if you were flipping through and saw it on somebody
• 1:44:32
  else's channel, but it is from today.
• 1:44:35
  So we might have seen this defendant before, we might have
• 1:44:38
  seen a similar case. But it is, oh, the iPad, you
• 1:44:43
  mean. Gotcha.
• 1:44:45
  Oh, yeah, no, the iPad, you see that every day because he's
• 1:44:47
  always bitching about the iPads. He hates them.
• 1:44:50
  But yeah, the case is new. The iPad saga in judge, Judge
• 1:44:57
  Stevens court I don't think is ever going to die.
• 1:45:00
  That is ongoing in forever more. Gotcha.
• 1:45:04
  All right, we're all clear now. Let's go back to Michigan
• 1:45:07
  though, Judge Simpson. Everything's important.
• 1:45:43
  That's good. All right.
• 1:46:25
  Cyprus matter what contributes like you have a bench conference
• 1:46:28
  in this case couldn't do something a bit in you, so I'm
• 1:46:30
  going to adjourn the. To the.
• 1:46:36
  I'm going to adjourn this for a bond violation hearing as well
• 1:46:39
  as a potential plea to March 9th, 2026.
• 1:46:44
  What time is best for you guys? My docket normally starts at
• 1:46:47
  1:00, but that date I can do morning or I can do afternoon.
• 1:46:58
  We just we have class on that day.
• 1:46:59
  So let me just. Class we don't have a round
• 1:47:02
  class you. Don't need class, they're here.
• 1:47:05
  This is like a big giant. Class isn't wonderful.
• 1:47:08
  Too otherwise. What I.
• 1:47:09
  Said And they've been wonderful. They.
• 1:47:11
  Have. It doesn't matter.
• 1:47:13
  Oh, morning. Morning.
• 1:47:14
  Let's get to the morning, Your Honor, please.
• 1:47:16
  They've been wonderful. You don't have to say that.
• 1:47:20
  I'm going to. Keep saying you don't have.
• 1:47:21
  To say that all right, why don't they set it at 10 AM that'd.
• 1:47:24
  Be great. Thank you.
• 1:47:27
  Thank you. Thank you.
• 1:47:29
  Bond will continue with its conditions.
• 1:47:37
  Oh, he decided to show the case with people versus AD Shawaka.
• 1:47:45
  Good morning your honor. Raven Cook for the people
• 1:47:46
  Lawrence Margolis with and on behalf of Mr. Shawaka who is
• 1:47:49
  approaching Adeep, please state your name for the court.
• 1:47:52
  Adeep Shawaka, the intent separate final several
• 1:47:55
  conference. People.
• 1:47:56
  Are able. To.
• 1:47:57
  Proceed We've executed A waiver to.
• 1:47:59
  Bench. Shawaka, you understand that you
• 1:48:06
  have an absolute constitutional right to have a matter tried
• 1:48:08
  before a jury, yes. You understand that by signing
• 1:48:11
  this form, you're waiving that right.
• 1:48:12
  He'd be tried before the court without a jury press.
• 1:48:15
  Yes. You understand that?
• 1:48:16
  People also waive the right based upon the statement of
• 1:48:18
  counsel and defendant court will consent to have a matter tried
• 1:48:21
  before without a jury. Non jury trial in this matter.
• 1:48:31
  February 25th, 2026 at 9:00. That's in person, all right.
• 1:48:40
  Thank you, Judge. Thank you.
• 1:48:42
  Good weekend we do the same or close the case people versus is
• 1:48:48
  it Zeke church morning honor Raymond cook for the people.
• 1:48:52
  Your Honor, Vincent Haitian, on behalf of Mr. Church, Your
• 1:48:54
  Honor, can we approach just briefly on this?
• 1:48:56
  I don't have Mr. Church President.
• 1:48:57
  I can explain why. I'd rather do it at the bench if
• 1:48:59
  I could. Thank you.
• 1:49:11
  Whole lot of mutant going on in Judge Simpson's court today.
• 1:49:16
  Let's stay in Michigan, but we'll go back to go back to
• 1:49:21
  Judge Middleton. That's a legitimate question.
• 1:49:24
  When you get a drinking driving charge, they take your license,
• 1:49:28
  they cut the corner of it off and they give you a paper
• 1:49:31
  license, which is a bitch. If you got to fly on an airplane
• 1:49:35
  or something shortly thereafter. You don't have a picture ID.
• 1:49:39
  You got some funky thing that the police gave you.
• 1:49:46
  But that's what the statute says.
• 1:49:49
  And at some point you're going to have to get another license.
• 1:49:55
  If I were you, what are you going to?
• 1:49:59
  Are you have a trip planned? I work for the airlines and
• 1:50:03
  travel off. Oh boy.
• 1:50:08
  I would go to the Secretary of State and get a Michigan ID if
• 1:50:15
  they'll give you one. But yeah, they won't.
• 1:50:18
  They've cut your license up. So I would go make an
• 1:50:23
  appointment today or early next week to go to SOS and Sturgis or
• 1:50:29
  another one to watch. Jack might be closer to you.
• 1:50:33
  And see if you can get at least some picture ID.
• 1:50:39
  But this problem's been a problem for years.
• 1:50:42
  And heaven forbid you're about to take an airline flight to
• 1:50:48
  Jamaica or something and you got this funky paper thing.
• 1:50:53
  I don't have a better answer than that, Mister Carsons.
• 1:50:57
  All right, do I need to do anything to get a date or is
• 1:50:59
  that you're just going to give me we'll.
• 1:51:00
  Call you and work out a date. Nice to see you.
• 1:51:03
  Thank you. OK.
• 1:51:04
  Nice to see you. I'll see you on that date.
• 1:51:06
  All right, Mr. Parsons. All right, So, yeah, there's
• 1:51:10
  some advice. Don't get a drunk driving arrest
• 1:51:13
  for you're about to go on a trip.
• 1:51:17
  Let's take Mr. Macchio's case. Try to usually do him last.
• 1:51:25
  But these are all Jordan Harden, 12 or so.
• 1:51:41
  Morning Honor James Michael, on behalf of defendant.
• 1:51:44
  Defendant is present. We did have our.
• 1:51:47
  Pretrial this morning and originally we had worked out an
• 1:51:51
  agreement where if defendant paid restitution in my $140, the
• 1:51:56
  case was going to be dismissed. We were going to set up her
• 1:51:59
  final pretrial to give the defendant a chance to pay the
• 1:52:03
  money, but it looks like he has a $200 bond.
• 1:52:07
  So at this point, Your Honor, we would ask the court to take the
• 1:52:09
  $140 out of the bond and enter an order of dismissal pursuant.
• 1:52:14
  To the plea agreement. All
• 1:52:45
  right. The allegation is that you
• 1:52:49
  pulled your neighbor's security camera off the house out in
• 1:52:58
  Florence Township and that was worth $140 a 139.
• 1:53:06
  You agree to pay restitution in that amount.
• 1:53:09
  Or any of the house. No, don't worry about that.
• 1:53:12
  The bottom line is you've agreed to pay the $140 to get the case
• 1:53:16
  dismissed. Is that correct?
• 1:53:17
  You take your mask off so I can see the house.
• 1:53:21
  I know who you are, but I want to.
• 1:53:22
  Did you pull your mask down for the judge?
• 1:53:26
  All the way down? All the way down.
• 1:53:28
  I'll let you put it back. That ain't going to get it.
• 1:53:32
  How are you doing, Jeff? All right.
• 1:53:34
  Yeah. Excuse me.
• 1:53:35
  I didn't even say. Jeff.
• 1:53:37
  I remember you when I was a kid. As a prosecutor.
• 1:53:40
  Yes, That was the one Tried not to steal.
• 1:53:42
  Nothing ever since. They say could.
• 1:53:45
  Once you start stealing, you never quit, right?
• 1:53:47
  This worked for 40 years. I guess we're doing all right.
• 1:53:50
  All right, dismiss, apply the flu and all right, you can put
• 1:53:59
  it back on 140 of bond to restitution to Don Tefel.
• 1:54:16
  You guys have had neighborhood disputes out there for a while.
• 1:54:21
  We've been had some of these. How's everything going now right
• 1:54:27
  here? I'm.
• 1:54:28
  Taking care of the problems that I've started.
• 1:54:34
  All right, I'm going to do the best I can to correct the
• 1:54:36
  situation in every manner. All right.
• 1:54:39
  Do you ever think about moving? We, when we purchased the
• 1:54:43
  property, we had no intent. There was nobody living around
• 1:54:46
  us. Obviously they moved in behind
• 1:54:49
  us and they we were unaware that they they own the property in
• 1:54:53
  front of us. And then they.
• 1:54:54
  Buy a property in back of us. And they would like to.
• 1:54:56
  Go right on through and own ours too, and therefore anything I've
• 1:55:00
  done in the decade. Seems to be not good.
• 1:55:03
  Enough. And therefore we have that if
• 1:55:05
  other is. Yes, Sir.
• 1:55:06
  And I apologize for taking up the court's bond.
• 1:55:09
  Well, that's why I'm here. All right, Mr. Mequil will take
• 1:55:12
  140 of his bond. It doesn't appear he has any
• 1:55:15
  unpaid fines and costs. He's going to get $60.00 back
• 1:55:20
  and the case will be dismissed. Judge, there was an order for
• 1:55:24
  finger, for instance, It's dismissed.
• 1:55:25
  Does he still need to go through that process?
• 1:55:27
  Or. OK, I guess they're done.
• 1:55:30
  All right. All right, Mr. Ryan.
• 1:55:35
  Guard. How about if you don't come back
• 1:55:36
  for a while? You are.
• 1:55:38
  That would be. Our I I apologize for me she
• 1:55:41
  owned everything I stole when. I was young.
• 1:55:43
  Well. That was a.
• 1:55:44
  Lot I religion. All right, you did.
• 1:55:46
  And 30 years ago. All right.
• 1:55:54
  Thank you, Sir. OK, have a good weekend.
• 1:55:58
  All right, Mr. Macwail. Thank you, Luke.
• 1:56:05
  What else do I have for you? I'll wait for.
• 1:56:09
  It to show up to, but I do have Mr. Blasius.
• 1:56:13
  He's prepared to interrupt the. All right, Michael blushes.
• 1:56:24
  The other Michael blushes. All right.
• 1:57:20
  This is file 252326 St. People versus Michael James
• 1:57:26
  Bloshes. That's you, Sir.
• 1:57:28
  Yes, Sir. You got charged with driving
• 1:57:30
  suspended, which is a probably our most common offense.
• 1:57:34
  It's a misdemeanor. It's punishable by up to 93 days
• 1:57:38
  in jail on a fine of up to $500. You're here with your lawyer,
• 1:57:42
  Mr. Loop Noffsinger. The prosecutors agreed to reduce
• 1:57:46
  this to a charge of no valid OPS.
• 1:57:55
  That's 2573 O. 1. It's a misdemeanor.
• 1:58:00
  It doesn't carry a suspension like driving suspended does.
• 1:58:04
  It does carry 2 points, carries a fine of $100 maximum and
• 1:58:09
  $125.00 in cost. Do you understand the charge?
• 1:58:13
  Yes, Sir. Are you going to plead to that
• 1:58:15
  charge Anyone threaten you to get you a plead to that?
• 1:58:18
  No, Sir. Or promise you anything?
• 1:58:20
  No, Sir. And you understand you're giving
• 1:58:23
  up all the rights on that advice.
• 1:58:25
  The rights by entering this, please.
• 1:58:27
  Yes, you are. Where were you going?
• 1:58:31
  Aren't I traveled to work. I thought this was your dad and
• 1:58:38
  I thought I'll not again. But it was you and you've got on
• 1:58:42
  the driving suspended merry go round.
• 1:58:44
  And how are you doing? An effort to get your license
• 1:58:49
  back. It's at least another year.
• 1:58:52
  Before I can even ask for it back.
• 1:58:55
  Yeah, this doesn't help, but it doesn't carry an automatic
• 1:58:58
  suspension. Yeah.
• 1:59:00
  You were on the way to work. 556 in the morning, 131 Lovers lane.
• 1:59:06
  That's clear what you were doing.
• 1:59:08
  All right, I want to make the fine. 70 fives to 100.
• 1:59:13
  Was your license suspended at that time?
• 1:59:15
  Yes Sir, $75 fine, $50 state minimum fee, $75 crime victims
• 1:59:23
  rights fee and $150.00 attorney fee.
• 1:59:27
  I don't have any bond. You don't owe any money to the
• 1:59:41
  court. Can you pay that within 30 days?
• 1:59:44
  Yes, Sir. I've been given these envelopes
• 1:59:56
  to people for 23 years and they don't have the court's address
• 2:00:05
  on it. They have the court's mailing
• 2:00:07
  address on it. So you have to like, write the
• 2:00:09
  court's address on it. If you mail it, that'll be due
• 2:00:15
  by March 6th. $350.00 But if you need more time, let us know.
• 2:00:23
  This will go on your driving record.
• 2:00:25
  You're right, it'll Ding you up for another year, but you're not
• 2:00:30
  too far from work. Are you still at R&R?
• 2:00:33
  Where are you now? Everybody's somewhere, according
• 2:00:40
  to Neil Young. Everybody says this is nowhere.
• 2:00:45
  All right, Mr. Blasius, you're good to go.
• 2:00:47
  Thank you, Sir. Thank you, Mr. Thank you, Tim.
• 2:00:57
  Let's take up some of your matters.
• 2:00:59
  Jordan stepped out. I have a forward total judge.
• 2:01:03
  I have. Three, please, and one last
• 2:01:04
  pretrial. Let's do the last pretrial
• 2:01:07
  first. Morning are you, Ashley Wisdom?
• 2:01:44
  Yes, let. Me take a look at this Paul, do
• 2:01:51
  you have people back in the lock up?
• 2:01:53
  Yes, there's there's three people back there that are that
• 2:01:59
  are pleased. All right, once you lay those up
• 2:02:01
  here, we'll address those they have to get back in time for
• 2:02:05
  lunch. So anybody else?
• 2:02:15
  Do you have any in custody? No, Sir.
• 2:02:22
  Mr. Miss Wisdom, you got charged with illegal entry.
• 2:02:28
  It's kind of an odd case. As I recall from the
• 2:02:30
  arraignment, it's alleged to have occurred on October 10th of
• 2:02:34
  2025. Illegal entry is a misdemeanor.
• 2:02:37
  It's punishable by UP in 93 days in jail and a fine of up to
• 2:02:42
  $500. He alleges that you went in his
• 2:02:59
  house and threw some stinky around and glitter, and that's
• 2:03:08
  the allegation. Mr. George, we're going to set
• 2:03:11
  this for a final free trial. Miss Wisdom, are you still at
• 2:03:16
  Saint Joseph St. in Coloma? All right.
• 2:03:38
  All right, I guess there's not much else to say about this.
• 2:03:42
  We'll set a pretrial for Thursday afternoon.
• 2:03:45
  Mr. George has quite a few cases, and we try to set them at
• 2:03:48
  the same time. You've done a good job.
• 2:03:51
  You've been here every time when you were supposed to be.
• 2:03:53
  You've been here now for two hours waiting for this.
• 2:03:57
  And are you missing work right now?
• 2:03:59
  I am and so Thursday is a concern.
• 2:04:01
  I'm not sure if I can get Thursday at.
• 2:04:04
  All. It'll be in the afternoon.
• 2:04:06
  We'll work on that. What do you do?
• 2:04:08
  I'm an insurance agent and I run an agency entirely on my own,
• 2:04:13
  like there is no other person. I don't have an answer to this
• 2:04:18
  and. Once we get a date, Your Honor,
• 2:04:20
  if that's going to be an issue, we can always.
• 2:04:21
  Address that. All right, we.
• 2:04:23
  Need to make other arrangements. But you're free to go now and
• 2:04:26
  stay in contact. Thank you, Your Honor.
• 2:04:27
  I. Appreciate it.
• 2:04:29
  OK. Glitter, huh?
• 2:04:35
  Well, who says crime can't be fabulous?
• 2:04:37
  I'll tell you, Texas, Judge Stevenson.
• 2:04:42
  Sign here Alcohol. What about my mates down?
• 2:04:46
  Right right there. That's saying that he he can.
• 2:04:49
  Help we're. Going to always he he represents
• 2:04:51
  you. I think it was.
• 2:04:52
  No, this is this is the show. I'm giving you a return to
• 2:04:56
  discovery. Oh, that's a discovery.
• 2:04:58
  Yeah, we've all discovered under the video.
• 2:05:00
  We didn't help with the city, but I didn't.
• 2:05:04
  Yeah. Yeah.
• 2:05:07
  And you're also waving, letting him handle even though he
• 2:05:11
  weren't. You don't even remember it, but
• 2:05:14
  he represented for many, many years ago.
• 2:05:17
  I think that's not a tough place.
• 2:05:19
  Since the 90s, probably, yeah. Yeah.
• 2:05:24
  Remember. The name.
• 2:05:27
  You just didn't see my name when we thought.
• 2:05:29
  There. This.
• 2:05:30
  Yeah. That's a mystery, aren't I?
• 2:05:32
  Yes, Sir. Yeah, But you.
• 2:05:35
  I knew you could report it on the 04.
• 2:05:39
  Are you ready? Yes.
• 2:05:40
  Yes. And we call 25 CR 441, the state
• 2:05:44
  of Texas versus Tammy Dunaway. Judice, is that you?
• 2:05:48
  Yes, Sir. Present with Mr. Adams, your
• 2:05:51
  attorney, and the State's attorney.
• 2:05:55
  Does the defendant waive a formal reading of this
• 2:05:58
  indictment and the arraignment here?
• 2:05:59
  When we proceed in Sunday? We can, yes.
• 2:06:05
  In summary, this indictment alleges that on or about October
• 2:06:09
  19th, 2023, in Jefferson County, Texas, you committed the offense
• 2:06:16
  of operating a motor vehicle in a public place while you were
• 2:06:20
  intoxicated. Do you understand what you were
• 2:06:23
  charged with? Now, if it was only that, that's
• 2:06:27
  serious enough. But paragraph two goes on to
• 2:06:30
  allege that you have not 1-2 or three, but four prior DWI
• 2:06:38
  convictions. Two of those were felony
• 2:06:43
  convictions. We're about to make it the third
• 2:06:48
  felony conviction by the improper use of a motor vehicle,
• 2:06:55
  which is a 4000 LB missile which all too often results in death
• 2:07:01
  when it collides with others. My question to you is when are
• 2:07:06
  you going to stop committing these crimes?
• 2:07:09
  Now. Didn't you make that promise
• 2:07:13
  every time that you were pleading guilty?
• 2:07:16
  Yes. Sir, I really believed I could.
• 2:07:19
  I just hidden. You, in this case, she's.
• 2:07:27
  My friend. OK, OK, Not your mom.
• 2:07:39
  She's very, she's a very wonderful lady.
• 2:07:43
  She's all like. I just whatever she she has a
• 2:07:48
  lot of influence with me and what she believes is right wrong
• 2:07:54
  and she's always seems to be right.
• 2:07:59
  Good quickly because this is high, it's high time that this
• 2:08:08
  mess gets fixed. OK, there was a blood draw, what
• 2:08:24
  I don't and the problem cause appetite that does not report a
• 2:08:28
  result. There was a lot of time though,
• 2:08:44
  almost 4 hours passed from the time she was arrested until the
• 2:08:51
  blood was drawn. That's so I'm looking at
• 2:08:54
  something that says wait for it .012 and .009.
• 2:09:17
  Was that the blood or the breathalyzer?
• 2:09:20
  Those two, I mean, that's nothing in 12, that's a
• 2:09:22
  breathalyzer. OK, that's fine.
• 2:09:24
  So OK, there was a blood test that was
• 2:09:47
  positive for codeine and that is what the the basis of the
• 2:09:53
  intoxication is just the amount of that codeine.
• 2:09:59
  So it's 32 nanograms per milliliter, all right.
• 2:10:08
  And again, paragraph 2, just that you were convicted of a DWI
• 2:10:15
  in May of 2007 out of county court in Law 3 of Jefferson
• 2:10:22
  County taxes. You were convicted of a DWI on
• 2:10:26
  August 27th, 2008, out of county court law #3 of Jefferson
• 2:10:30
  County, Texas, and on December 3rd, 2012, and the 252nd
• 2:10:36
  District Court of Jefferson County, Texas.
• 2:10:39
  Whose phone's on? Is that yours, friend?
• 2:10:42
  Yeah. You don't need it.
• 2:10:43
  That's not an emergency. Is that it's check it, make sure
• 2:10:48
  it's not an emergency. All right, And then on December
• 2:10:52
  3rd, 2012, you were convicted on two different cases of DW is out
• 2:10:59
  of the 252nd district report and those were felonies.
• 2:11:02
  Now paragraphs one and two constitute your third felony
• 2:11:07
  DWI. We're going to put a stop to all
• 2:11:11
  of this. Do you understand on my watch I
• 2:11:12
  need a pan. Thank you.
• 2:11:26
  I can't tell you. How important it is for you to
• 2:11:37
  stop doing these things? You are facing a third degree
• 2:11:44
  felony, which means you face a term of not more than 10 years
• 2:11:47
  or less than two years in prison.
• 2:11:49
  In addition, a fine may be assessed not to exceed $10,000.
• 2:11:52
  Do you understand that? Yes, Sir, an agreement has been
• 2:11:56
  reached between the parties that you would be pleading guilty?
• 2:11:59
  Whatever sentence shall not exceed a cap of six years in
• 2:12:02
  prison. So we are looking at no less
• 2:12:06
  than two nor more than six years confinement in prison.
• 2:12:09
  You could be sentenced up to six years in prison, then that could
• 2:12:13
  be suspended and you could be placed on regular probation.
• 2:12:17
  Deferred or unadjudicated probation is not an option in
• 2:12:20
  this case. So those I think are the 2
• 2:12:24
  alternatives, right everybody? As far as yes, there will
• 2:12:28
  possibly be safety. I never thought that was a
• 2:12:33
  punishment. That's some abuse, felony
• 2:12:38
  punishment as is. I've always considered it kind
• 2:12:41
  of a benefit for people who undergo and undergo this.
• 2:12:46
  But what do you mean safety? What, what are you, what's your
• 2:12:49
  option on that? He's suggesting it as a
• 2:12:52
  condition of probation, Judge. OK, That would almost certainly
• 2:12:58
  be required if that's what happens.
• 2:13:03
  Yeah, if she's placed on probation.
• 2:13:05
  But we're going to have a presentation for it so that we
• 2:13:08
  can find out as much about her as possible.
• 2:13:11
  If I follow this agreement, you have no right of appeal of your
• 2:13:16
  case. That you understand, Matt, How
• 2:13:19
  do you plead 2 paragraphs 1 and 2 of this indictment
• 2:13:23
  constituting the third degree felony of operating a motor
• 2:13:26
  vehicle in a public place while intoxicated.
• 2:13:30
  Is that true or are you guilty or not guilty?
• 2:13:34
  Guilty. Are you pleading guilty
• 2:13:37
  voluntarily and because that and because you are guilty?
• 2:13:47
  Yes, Sir. And today, 6/7 paragraphs 2,
• 2:14:01
  those prior convictions of Zwis, are those allegations true and
• 2:14:07
  correct as they are alleged in paragraph 2?
• 2:14:14
  That's yes or no? And are you pleading true to
• 2:14:19
  those allegations voluntarily and because they are true as
• 2:14:27
  they are alleged of those higher convictions?
• 2:14:47
  I show you what's marked as State's Exhibit 1, Frank, if
• 2:14:51
  you'll show her that. But the first thing is you need
• 2:14:54
  to sign on the bottom of that. Here's the here's the stylus.
• 2:15:08
  Yeah, message. Is that your signature?
• 2:15:12
  Yes, Sir. Did you understand the contents
• 2:15:15
  and discuss all of it with your attorney?
• 2:15:17
  Yes, Sir. Is everything true and correct?
• 2:15:20
  There states Exhibit 1 is tendered into evidence and
• 2:15:23
  without objection it's admitted among other things, this states
• 2:15:28
  that you are mentally competent to enter your guilty plea.
• 2:15:31
  It's freely and voluntarily made.
• 2:15:34
  Thank you. You know what you've been
• 2:15:36
  charged with. The invitement's been read to
• 2:15:37
  you. You read it.
• 2:15:39
  You are guilty of the crime charts and any lesser included
• 2:15:42
  offenses. You are giving up your rights to
• 2:15:44
  a jury trial on the rights to the appearance, confrontation,
• 2:15:47
  cross examination of witnesses. You were totally satisfied with
• 2:15:51
  the representation provided by your lawyer of all truth so help
• 2:15:54
  you God yes, State's exhibit 1 is part of the record for all
• 2:15:58
  purposes. Now we're going to order a pre
• 2:16:01
  sentence report, a post entry of plea, pre sentence report and
• 2:16:09
  we're going to reset this until March 13th, March 13th and the
• 2:16:16
  probation office will be getting in contact with you and fully
• 2:16:20
  cooperate with them so the court can have the most information to
• 2:16:24
  make the most educated decision in this case.
• 2:16:28
  And we'll we'll return back here in March and we'll complete all
• 2:16:34
  of this. Yes, ma'am, I'm.
• 2:16:36
  Not 100. Percent certain about a file
• 2:16:39
  number. I know that sounds strange.
• 2:16:43
  That's it. I just changed one recently and.
• 2:16:46
  Well, get it. You're going to get that to
• 2:16:48
  Frank, your attorney, right? Yeah.
• 2:16:50
  And then he'll get it to us, and then he'll get it to us.
• 2:16:57
  But you do have an obligation when you go to the probation
• 2:17:00
  office, get them all the information you can accurately.
• 2:17:04
  OK. OK.
• 2:17:07
  Anything else, Frank? No, that's OK.
• 2:17:10
  Please get her resetting. Thank you.
• 2:17:12
  I have sufficient. Yeah, go.
• 2:17:13
  Go she'll talk to him and I'll get to reset, but you just sign
• 2:17:18
  it you'd. Be fine on her by that look.
• 2:17:20
  Hi Trusty. SO4 prior Duis, 2 of them were
• 2:17:26
  felonies. She's going to get another
• 2:17:28
  felony DUI. Didn't we just talk about this
• 2:17:30
  the other day? I might have more to say in the
• 2:17:33
  fourth hour. We'll see.
• 2:17:35
  Let's head back to Michigan. So you again, what's going on
• 2:17:37
  with Judge? Simpson.
• 2:17:40
  Go to Jeff Torso, Feaster, First Assistant Public Defender on
• 2:17:42
  behalf of Mr. Von Sanders, who's approaching the podium all.
• 2:17:45
  Right. Sir.
• 2:17:46
  Today's or Von Sanders thank. You.
• 2:17:48
  Thank you, need your hat for the waiver.
• 2:17:51
  I already had the people's hair. Apologist, Judge.
• 2:17:53
  We likewise do not believe that the conflict did this in any of
• 2:17:56
  these cases before the Army Court this morning.
• 2:17:57
  We should have conflict arise. We would wave that conflict and
• 2:18:00
  allow the honorable court to please hear these matters.
• 2:18:02
  And the court also does not believe.
• 2:18:04
  There's a conflict. Either Michigan corporal, so the
• 2:18:06
  case is decided there under to the extent.
• 2:18:07
  Of conflict does. Exist given the waivers support
• 2:18:09
  will consent to hear the matter all right.
• 2:18:12
  Thank you Judge. I have spoken with Zinda on this
• 2:18:14
  file. I.
• 2:18:15
  Believe. They are not able to proceed.
• 2:18:17
  And that's correct. So I'm going to hit the pause
• 2:18:24
  button on Judge Simpson because his feet just reset on me.
• 2:18:27
  That is. That is old footage, so let me
• 2:18:30
  see what's going on there. But in the meantime, let's go
• 2:18:35
  back to Stevens, because he's got a new contestant
• 2:18:37
  approaching, I believe. It's best bye bye.
• 2:18:49
  Thank you. Does he need to go in front of
• 2:18:53
  you in any it's a plea. It's going to be entering, but
• 2:18:56
  you're going to be pleading on this motion probation, you're
• 2:19:04
  going to enter a plea of true this.
• 2:19:06
  OK. Are you in 19-32947?
• 2:19:10
  Are you Gregorio Lekeith Renfro? You were here with Ryan Kimber,
• 2:19:15
  your attorney, the state's attorney is here and looks like
• 2:19:18
  your probation officer, right? You have been on probation it
• 2:19:22
  looks like for about 6 years in this court and there is a motion
• 2:19:27
  to revoke probation that has been filed as of October 2nd,
• 2:19:31
  2023. I don't know why that has been
• 2:19:35
  pending for over 2 years. Have you we, we see an excander?
• 2:19:39
  Yes, Sir. All right.
• 2:19:46
  Have you had a chance to discuss all of this with your attorneys?
• 2:19:49
  Yes, Sir. All right.
• 2:19:50
  Are we ready to proceed today? You're going to be entering
• 2:19:53
  fleas of true all right and again, does the defendant wave a
• 2:19:59
  formal reading of this motion We can go in summary, raise your
• 2:20:03
  right hand says the solemnly swear or affirm any statement
• 2:20:06
  you make during this hearing shall be the truth, the whole
• 2:20:09
  truth and nothing but the truth so help you God lower your hand.
• 2:20:13
  In summary, this motion to Revoke Probation alleges that on
• 2:20:17
  the January 27th, 2020 in this Criminal District Court of
• 2:20:21
  Jefferson County, Texas. You were sentenced to five years
• 2:20:26
  in prison and that was suspended for 10 years probation for the
• 2:20:30
  third degree felony of abating detention with a motor vehicle.
• 2:20:34
  Is all of that true and correct allegation?
• 2:20:38
  One state you failed to report to the Jefferson County
• 2:20:41
  Probation Office on or about September 14th, 2023 in
• 2:20:46
  violation of your probation order, which Condition 4 states
• 2:20:51
  that you will report regularly as required of you and directed.
• 2:21:00
  Did you fail to do that? Yes.
• 2:21:03
  Are you pleading true to this voluntarily?
• 2:21:05
  And because it is true as it is alleged, you understand that a
• 2:21:11
  voluntarily and knowingly made plea of true to one or more
• 2:21:14
  violations of probation that is enough to grant a motion to
• 2:21:19
  revoke the probation. You're a probation.
• 2:21:23
  I can be revoked and you can be sentenced to the full range of
• 2:21:28
  punishment. This is a third degree felony.
• 2:21:30
  So you were looking at no less than two nor more than five
• 2:21:33
  years can find it in prison. Do you understand?
• 2:21:37
  Knowing all of that, do you insist on pleading true today?
• 2:21:42
  I find you were pleading true voluntarily.
• 2:21:45
  You understand and appreciate the consequences of pleading
• 2:21:49
  true. How long was he out?
• 2:21:53
  He absconded for a period of two years. 2 1/2 years.
• 2:21:59
  Exact do we need an updated probation report if he's been
• 2:22:04
  gone for two years of the further he could explain, I
• 2:22:08
  suppose. What do you what do you want to
• 2:22:10
  do? Did you want to today or or
• 2:22:15
  recess it? What do you feel?
• 2:22:18
  Do you want to proceed today or do you want to?
• 2:22:20
  You have a chance to do an update or report?
• 2:22:22
  Or can you explain to the judge why you were Mia for 2 1/2
• 2:22:25
  years? What's the?
• 2:22:27
  Available well to explain what your situation was and why you
• 2:22:31
  may not have reported. Yeah.
• 2:22:33
  You want to do that? OK, let's get an update.
• 2:22:34
  Everything OK? That's what we'll do.
• 2:22:38
  We'll return back in. How much time do we need?
• 2:22:42
  3 weeks? 3 weeks, let's reset and we will
• 2:22:47
  come back for disposition hearing at that time.
• 2:22:51
  We'll see what happens. OK.
• 2:22:54
  All right. Thank you.
• 2:22:57
  That is all. Anything else clear and assess.
• 2:23:08
  All right, let's go back to. Judge Elmore, see what's going
• 2:23:11
  on there? Violation back on February 4th
• 2:23:17
  of this year, which is only a couple of days ago, there was a
• 2:23:20
  request and summons for a probation violation and an
• 2:23:23
  amended 1 was filed initially. The request and summons for a
• 2:23:34
  probation violation that was initially filed on January 21st
• 2:23:38
  of 2026 that included two counts.
• 2:23:41
  Each count alleged a violation of probation 4, possession and
• 2:23:47
  use of alcohol. The added count included count
• 2:23:52
  added count 3 and added count 4. Mr. Sidorsky, I need to tell you
• 2:23:58
  that Added Count 3 alleges another violation of condition
• 2:24:01
  2.0 and alleges that, which of course, requires you to or not
• 2:24:08
  to use or possess alcoholic beverages or other intoxicants,
• 2:24:14
  alleges that you used alcohol. Oh, on a different date, That
• 2:24:18
  was on December 5th. Added Count 4 is that you
• 2:24:22
  possessed alcohol also on December 5th.
• 2:24:27
  So you've got 2 allegations. Counts 1 and 2 deal with
• 2:24:30
  December 15th and add counts 3 and 4 also deal with December
• 2:24:36
  but deal with the date of December 5th, so about 10 days
• 2:24:39
  apart. As to all four counts, again you
• 2:24:41
  have the same rights. The right to challenge these at
• 2:24:43
  a contested hearing. Have the prosecutor proved the
• 2:24:46
  allegations by the Ponce of the evidence?
• 2:24:49
  Question across examining any witnesses against you.
• 2:24:52
  That have the right. To present witnesses to evidence
• 2:24:54
  or testimony if you chose to do so, as well as the right to
• 2:24:56
  remain silent and not have that silence used against you.
• 2:25:00
  All right. And you have the right to
• 2:25:02
  testify. And again I will note that looks
• 2:25:04
  like our original arraignment or show cause on the 1st summons
• 2:25:09
  was. Earlier this week.
• 2:25:11
  On February 2nd. All right.
• 2:25:13
  Mr. Hartel, were you aware of the amended request and summons?
• 2:25:19
  Yes, Your Honor, and I did discuss that with my client as
• 2:25:21
  well. All right.
• 2:25:22
  Thank you. And as a reminder, Mr.
• 2:25:25
  Swidorski, if you're found to be in violation of your probation,
• 2:25:28
  be resentenced on your original charge and that was possession
• 2:25:31
  of the controlled substance methamphetamine, which is a
• 2:25:34
  felony punctual by up to 10 years and or up to $15,000.
• 2:25:40
  Miss Odell have there. It seems like there were.
• 2:25:43
  Have there been any other prior probation violations?
• 2:25:47
  There have not, Your Honor. OK.
• 2:25:49
  All right. Thank you.
• 2:25:50
  I'm sorry, for some reason I thought there had been a written
• 2:25:53
  acknowledgement on one Mr. Swordorski that I need to tell
• 2:25:56
  you that of the four counts, they are all four technical
• 2:26:01
  accounts. However, even though they are 4,
• 2:26:05
  the law requires me to treat them underneath the same series
• 2:26:09
  of transactions events concept. So while there are 4, two deal
• 2:26:13
  with the same day of December 5th and the other two deal with
• 2:26:17
  the same day of December 15th. Which means as far as punishment
• 2:26:21
  goes or sentence goes, it's my understanding the most I could
• 2:26:25
  give the defendant would be up to 30 days.
• 2:26:29
  Does that make sense, Mr. Hartel?
• 2:26:31
  It does. Thank you.
• 2:26:32
  All right. What does your client wish to
• 2:26:34
  do, Mr. Hartel? Your Honor, he's advised me that
• 2:26:37
  he would wish me to ask the port for a contest here.
• 2:26:39
  All right. Thank you very much, Mr.
• 2:26:41
  Swadorski. This will now be set for a
• 2:26:44
  contested hearing. Mr. Hartel.
• 2:26:47
  I don't, I'm not aware of any. Are there any new charges coming
• 2:26:50
  out of these anywhere? I don't know what the background
• 2:26:53
  is. Not to my knowledge though.
• 2:26:57
  Any issue then with within the 14 days which the?
• 2:26:59
  1st The 14. Days would have began on Monday,
• 2:27:03
  this past Monday, so be next week.
• 2:27:06
  I've got A at least of three if not a four day long trial, so be
• 2:27:10
  in the following week. Or Mike am I?
• 2:27:14
  Am I in Misaki next week, Miss Odell next Friday, or Miss Don't
• 2:27:21
  believe? So.
• 2:27:24
  Your Honor. The clerk is.
• 2:27:26
  Checking, I'm checking all right.
• 2:27:28
  Hold on. Thank you.
• 2:27:31
  You are not here. You're gone next Friday.
• 2:27:36
  You're gone next Friday, Judge. Yeah, I heard you.
• 2:27:40
  Am I going someplace fun? I'm not sure.
• 2:27:43
  That's. OK, neither am I.
• 2:27:46
  So. All right.
• 2:27:47
  Well. Anyways, maybe my wife had the
• 2:27:50
  staff put it on the calendar. All right.
• 2:27:52
  So anyways, Mr. Hartel I don't want to Kick It Out for a long
• 2:27:57
  time. But.
• 2:28:01
  With the parties waived their 14 day I'm I'm going to I don't
• 2:28:04
  want to Kick It Out maybe to the next week after conferring.
• 2:28:08
  With my client, we would be fine with the court sitting it out as
• 2:28:11
  far as the court felt comfortable.
• 2:28:13
  He is amply employed and just to err on the side of caution in
• 2:28:18
  case he does have a finding and in case there is jail, he would
• 2:28:21
  like to be able to get his affairs in order.
• 2:28:23
  So more time would be preferred versus less time.
• 2:28:26
  Thank you. Mr. Denhow, and that's up to you
• 2:28:28
  now. Yeah, no, we the people would
• 2:28:29
  also waive any time requirements next week.
• 2:28:33
  I have a conference as well so it'll work out better for the
• 2:28:36
  people as. Well, likely it's it's a Friday
• 2:28:41
  for me. I'm probably in Lansing, so.
• 2:28:44
  All right, Mr. Swidorski, what we're talking about now is
• 2:28:48
  setting this for a contested hearing.
• 2:28:51
  I want you to know that at a contested hearing, you can't
• 2:28:54
  appear via Zoom. I need to have you present.
• 2:28:57
  OK. Yes, Sir.
• 2:28:59
  All right, Thank you. The reason for that, so you
• 2:29:02
  understand it, is theoretically there could be A to the finding
• 2:29:08
  of guilt, but also. It becomes really.
• 2:29:10
  Difficult for you to sit there and converse with your attorney
• 2:29:13
  if you're not present. Hopefully that makes sense to
• 2:29:16
  you. Yes, Sir, it does.
• 2:29:19
  All right. Good enough.
• 2:29:19
  Thank you very much. Anything else, Mr. Herzl?
• 2:29:21
  No. Anything else?
• 2:29:23
  Mr. Denham not hereby continued or hereby continued his previous
• 2:29:27
  set by this court. Again, these are three
• 2:29:29
  questions. Summons for probations and we're
• 2:29:32
  dealing with and really there's only two.
• 2:29:36
  So all right, we will see you here once the court sets it.
• 2:29:40
  Thank you very much. We are adjourned.
• 2:29:50
  Okie, dokie, let's stay in Michigan, but we'll check back
• 2:29:54
  in with Judge Middleton. Complain that we got victims
• 2:30:00
  here on that case. Let's make a brief record.
• 2:30:11
  I don't have the paperwork on that.
• 2:30:13
  It's. Just.
• 2:30:20
  What? Is this going to be something
• 2:30:22
  that I need to? Address No, you can stay.
• 2:30:24
  This will take just a minute to be kind of delicate when on the
• 2:30:28
  live feed if you got the paperwork on that.
• 2:30:37
  I don't. We're not.
• 2:30:43
  Going in jury room right now. Oh, I see.
• 2:30:45
  All right. There is, what's the defendant's
• 2:30:48
  name? John.
• 2:30:50
  Beachey. John Beachey, the defendant is
• 2:30:54
  here and the complainants are here, and we are having some
• 2:31:00
  medical difficulty in the jury room.
• 2:31:03
  And so Mr. Beachey's attorney is going to be unable to appear.
• 2:31:09
  So for those of you that are here on the Beachy case, check
• 2:31:13
  in with the prosecutor's victim advocate.
• 2:31:16
  But we're going to have to reset this.
• 2:31:18
  We don't have any. We're just going to have to
• 2:31:21
  reset it. So I don't want to make you sit
• 2:31:23
  here for another two hours. Kendra is there.
• 2:31:27
  She'll tell you what we know, and we will keep you posted, but
• 2:31:34
  you're good to go. Thank.
• 2:31:35
  You, Your honor. Thank you, Miss Davis?
• 2:31:37
  Yes. All right.
• 2:31:39
  We'll go back to Tim, try to get him out.
• 2:31:44
  Ruth Minkle. Ha, I haven't seen Mr. Cyber in
• 2:32:27
  a long time. Sorry to hear it.
• 2:32:32
  Are you Ruth Minkel? File number here is 252290.
• 2:32:38
  You're here with your lawyer, Mr. Timothy George, and you're
• 2:32:43
  charged with operating with a high blood alcohol level.
• 2:32:57
  That's a misdemeanor. It's punishable by up to 180
• 2:33:00
  days in jail, fine of up to $750.
• 2:33:05
  Why is it your license be suspended and it carries 6
• 2:33:10
  points? Prosecutors agreed to reduce
• 2:33:14
  that to a lesser charge of operating while intoxicated.
• 2:33:19
  That is a misdemeanor. It's punishable by up to 93 days
• 2:33:23
  in jail, fine of up to $500. It carries 6 points and requires
• 2:33:30
  your license be suspended. You got arrested on November 9th
• 2:33:36
  on the Big Hill at 1:31 and Drummond Rd.
• 2:33:54
  They arrested you and they sent your blood to the crime lab and
• 2:33:58
  it came back at .247. Is that correct, Mr. George?
• 2:34:03
  Your Honor came back at a point. 285285 OK.
• 2:34:07
  The 247 is the permanent test. Miss Minkle, are you going to
• 2:34:15
  plead to that charge of operating while intoxicated?
• 2:34:19
  Anybody threaten you to get you to do this or promise you
• 2:34:24
  anything? Do you understand that by
• 2:34:28
  entering this, but you're going to give a follow those rights
• 2:34:30
  around the advice of right sheet that was had you sign it, where
• 2:34:39
  were you going? I was on the I was on my way
• 2:34:45
  back to Myers. I've been to the store to get
• 2:34:47
  some cat food and some cat layer before it started snowing.
• 2:34:52
  And I'd been, I was in the process of trying to stop
• 2:34:57
  drinking. I go to Way and I've been to
• 2:34:59
  Riyadh and the doctor had given me Ativan for virtual symptoms.
• 2:35:10
  I took it at 4:00 in the morning because I woke up all shaky and
• 2:35:15
  then I went back to bed and then about I noticed that there was
• 2:35:18
  no cat food and and so I thought, well, I'll go in before
• 2:35:23
  it starts snowing. I'll go into.
• 2:35:25
  So I went into Myers and I was in Myers walking around about
• 2:35:28
  1:00 and I started shaking again and I didn't have any out of
• 2:35:34
  them or anything. And so I made this stupid
• 2:35:38
  decision of knowing that if I, if I had a drink, it would take
• 2:35:43
  the shakes away. And I thought about it.
• 2:35:45
  There was nobody, there was nobody available to come and get
• 2:35:49
  me. And I live alone.
• 2:35:52
  I have no family around. I just have some neighbors which
• 2:35:55
  would have come and got me a day and have been working.
• 2:35:58
  I'm so I made the stupidest mistake I've ever made in my
• 2:36:03
  life. What?
• 2:36:04
  Did you drink? So ashamed.
• 2:36:06
  So what did you drink? Gin.
• 2:36:09
  I think it was a little bottle again, I didn't drink the whole
• 2:36:13
  bottle. Well, you did .247 is near to
• 2:36:17
  the point where they have to take.
• 2:36:18
  You to the hospital? No, the officer pulled it out on
• 2:36:22
  the floor. OK, what?
• 2:36:24
  Did you have some alcohol in your system from before?
• 2:36:28
  Because I was taking the other one to stop you're.
• 2:36:32
  Looking at kill yourself. I'm glad you didn't.
• 2:36:38
  You still live in Constantine. Yes.
• 2:36:41
  You really, you know how many points you have on your driver's
• 2:36:44
  license? Zero.
• 2:36:47
  You got a completely clean. I have never, I have never got,
• 2:36:50
  I have never drank, I swear to God and got in my car before.
• 2:36:54
  Well, you almost croaked yourself and everybody else that
• 2:36:57
  was driving down 131, that's a very dangerous spot.
• 2:37:01
  I can probably within a 30 seconds name off 10 fatal
• 2:37:06
  traffic accidents right there at that spot.
• 2:37:09
  You see, I I feel that the Audubon that I added my.
• 2:37:12
  This wasn't that a van. This is no.
• 2:37:14
  I mean the mixture. Well, it certainly made you more
• 2:37:19
  dangerous to drive on the road. People called 911 and said, hey,
• 2:37:24
  there's somebody in a red equinox all over the road and
• 2:37:32
  they stopped you. You told the officers you drank
• 2:37:35
  wine. But anyway, we'll try to get a
• 2:37:39
  handle on all this. This will be something we'll
• 2:37:44
  have to figure this out. So we're going to set it for
• 2:37:48
  screening and sentencing on a date that works for Mr. George.
• 2:37:53
  Tim, I've already got you set for some of those days.
• 2:37:56
  I have March 2nd. I don't know if that's too.
• 2:37:58
  Full, I think, let's see what we got.
• 2:38:01
  It was pretty full. No, that will work fine.
• 2:38:04
  We got Mr. Kindig that morning. Let's set up for March 2nd.
• 2:38:09
  I've got some Jordan days that are quite full.
• 2:38:17
  When you say you've been to rehab, how recently was that?
• 2:38:20
  In 24 and I was sober for a year.
• 2:38:24
  I got my coin. In fact, I have my all my points
• 2:38:27
  with me. People have given me the coins,
• 2:38:30
  some coins over the years. Is it?
• 2:38:34
  I'm honored when they do, but I've got several.
• 2:38:37
  I've got a year coin. And I've been seeing a therapist
• 2:38:40
  for two, two years, addiction therapist for two years.
• 2:38:44
  All right. Well, that's a good start.
• 2:38:46
  What kind of work did you do? I was in nursing.
• 2:38:49
  All right, I think I knew that you had a different name,
• 2:38:54
  Horvath. What was your previous name?
• 2:38:56
  Hackworth. I'm sorry.
• 2:38:58
  What was your name before it was Minkle?
• 2:39:01
  Before Frighton I've been married twice and both my
• 2:39:08
  husbands were Vietnam vets and they both passed away.
• 2:39:11
  Where are you from Original? England originally, not 1/4
• 2:39:16
  Irish. All right, we'll set this for
• 2:39:24
  March 2nd. At 11:00, I want to know about
• 2:39:46
  your treatment, your A, a attendance, all that stuff and
• 2:39:51
  we'll get more information about this.
• 2:39:55
  She didn't provide that that she has that documentation with her
• 2:39:58
  today, but we'll make sure that. It's very good.
• 2:40:00
  We'll get a head start. Yes, Sir.
• 2:40:01
  All right. I'll see you on March 2nd at
• 2:40:03
  11:00. Thank you.
• 2:40:05
  You're going. With.
• 2:40:06
  Mr. George Paul. We'll finish Tim's.
• 2:40:10
  I'm sorry, Jordan. And then we're going to do
• 2:40:13
  Paul's in custody, people, because we need to get them out
• 2:40:17
  of here. I don't know why I thought her
• 2:40:20
  name was. So, well, he racks up the next
• 2:40:24
  contestant. Just some thoughts on the 4th
• 2:40:26
  hour today. I told you when we launched the
• 2:40:28
  4th hour a few weeks ago that it would be a work in progress and
• 2:40:32
  we'll evolve it and just kind of see.
• 2:40:36
  But I think it makes sense. And you tell me if you feel
• 2:40:38
  differently in the chat. I think it makes sense for
• 2:40:41
  Friday for the 4th hour to split it up, do the first half hour of
• 2:40:46
  Dungeon Court and then the second-half hour of discussion,
• 2:40:52
  commentary, that sort of thing. Because we try to have a little
• 2:40:55
  bit more fun on Fridays here. So I'm thinking taking 1/2 an
• 2:40:58
  hour of it for Dungeon Court. Let me know what you think of
• 2:41:01
  that in the chat. I think it makes sense though.
• 2:41:04
  Good morning, Sir. Are you Dana Horvath?
• 2:41:08
  Yes, you're on. You're in charge of malicious
• 2:41:11
  destruction of of a building less than $200.
• 2:41:16
  They don't know how much the restitution is.
• 2:41:20
  Let's take a look at your ticket.
• 2:41:58
  Find your case. All right, Mr. Horvath, it's
• 2:42:18
  alleged that on or about April 7th of last year, you destroy a
• 2:42:24
  building on US12IN Montville Township that belonged to Larry
• 2:42:28
  Pannell, less than $200. According to the affidavit, you
• 2:42:42
  got in an argument with your neighbor and kicked in his front
• 2:42:45
  door and broke the door frame. He admitted to kicking Larry's
• 2:42:52
  door, but you were mad about some comments he made about one
• 2:42:58
  of your relatives, and then you were charged with
• 2:43:10
  this. All right?
• 2:43:12
  Malicious destruction of property.
• 2:43:14
  The way this is charged as a misdemeanor, it's punishable by
• 2:43:18
  up to 93 days in jail on a fine of up to $500.
• 2:43:22
  Doesn't affect your driving record at all.
• 2:43:24
  They allege this was worth less than $200.
• 2:43:28
  Do you understand the charge? Yes, your Honor.
• 2:43:31
  Did anybody promise you anything to get you to flee to that
• 2:43:34
  charge? You don't hear to owe us
• 2:43:44
  anything. Tell me what happened.
• 2:43:48
  Well, he had he's got a good. Friend of mine and.
• 2:43:53
  I gave him a washing machine, it was his broke for his laundry
• 2:43:58
  and that same night he somehow got ahold of my cousin's wife
• 2:44:05
  trying to solicit her on the phone.
• 2:44:08
  So I. Went over there.
• 2:44:09
  It's on. It was unacceptable behavior and
• 2:44:14
  he slammed the door in my. Face.
• 2:44:16
  And. I kept the door in and then I
• 2:44:21
  left and I left him the washing machine.
• 2:44:24
  I told him he could keep it before the damage is on the
• 2:44:26
  door. Well, they've had from April
• 2:44:35
  till now to figure out how much this was.
• 2:45:00
  You posted $100 a bond. You spent
• 2:45:17
  one night in jail. I'm going to order one day in
• 2:45:37
  jail credit, one day an order $75 fine, $75 crime victim's
• 2:45:46
  rights fee and a $50 state minimum fee, $150.00 attorney
• 2:45:51
  fee which makes this pretty expensive.
• 2:45:53
  That's 350 an order $100 restitution to.
• 2:46:05
  Larry Pannell, you have $100 a bond, so we'll pay him with your
• 2:46:14
  bond. The rest of it, if it's more
• 2:46:16
  than that, he can take it out of the washing machine.
• 2:46:18
  I guess, you know, $350.00. Can you pay that today or any
• 2:46:29
  time to pay? I can pay today.
• 2:46:31
  Very good. All right.
• 2:46:35
  This matter's done. Your bonds going to be applied
• 2:46:39
  to the restitution and use that to pay him.
• 2:46:43
  This happened in April S February.
• 2:46:45
  It took ten months to get this resolved, but it's over with.
• 2:46:49
  You don't seem to always say anything else.
• 2:46:51
  Spend a night in jail, which is probably no fun.
• 2:46:56
  Probably some time in jail. Mr. Horvath, you go out to the
• 2:47:02
  counter and pay that fine, and then you're good to go.
• 2:47:04
  Thank you. Thank you, Your Honor.
• 2:47:09
  That's why I have your Honor, is Mr. Decker.
• 2:47:11
  Gregory Decker. Good morning, Sir.
• 2:47:25
  You. Gregory Decker.
• 2:47:29
  File number is 252387. I don't know that I've met you
• 2:47:34
  much. Are you Greg Decker's son?
• 2:47:37
  Yes. OK.
• 2:47:38
  That's what I thought I've seen. But you're the son.
• 2:47:42
  We had a case like this earlier. You got charged with leaving the
• 2:47:45
  scene of a proper damage accident that carries 2 points.
• 2:47:51
  They're going to allow this to be failed to report an accident
• 2:47:54
  to fixtures 257621 that carries no points.
• 2:48:05
  Do you understand? Yes.
• 2:48:10
  Anybody promise you anything to get you to plea to that or
• 2:48:14
  threaten you? And do you understand by
• 2:48:24
  entering this plea, you're giving up all the rights on the
• 2:48:26
  advice? Rights.
• 2:48:31
  Yes. All right.
• 2:48:36
  Just like the last guy. Tell me what happened.
• 2:48:41
  I was on my way home and the rear end of my car started like
• 2:48:48
  shimmy, and I tried to save it, but I couldn't lost control.
• 2:48:53
  Where were you coming from? My grandpa's.
• 2:48:57
  Which is where? In the Grove.
• 2:49:00
  Vendor. All right, I'm 16.
• 2:49:05
  You're Parkville. It was November 12th, 11:15 at
• 2:49:14
  night. What'd you hit?
• 2:49:16
  I didn't hit anything. You hit another car?
• 2:49:20
  No. Failed to stop an ID, hit and
• 2:49:23
  run. So did your car.
• 2:49:25
  Whatever your car brokers told it.
• 2:49:30
  So you left it there on the side of the road, and then you walked
• 2:49:34
  to your grandpa's. All right.
• 2:49:37
  As I said, we often think these are drunk drivers that got away,
• 2:49:40
  which might be what this was, but it's going to show as a no.
• 2:49:52
  Darn it, Laura, I'm out of generic judgments.
• 2:49:59
  I got a bunch of salt and battery judgments, which I don't
• 2:50:02
  need, so I need some general ones.
• 2:50:12
  I'll doctor one up. I need some judgments, blankets,
• 2:50:19
  the generic ones. What do you do, Mr. Decker?
• 2:50:29
  Do you work someplace? Yes.
• 2:50:31
  What kind of car? This was a 2009 Mercury.
• 2:50:35
  What'd it do to the car? Nothing.
• 2:50:39
  Really. So what?
• 2:50:41
  The last guy, his car was totaled.
• 2:50:43
  They just towed it and then you had to go get it.
• 2:50:47
  Yeah. How much did it cost you to get
• 2:50:49
  out of impound? 600.
• 2:50:52
  Oh boy, that's an expensive night.
• 2:51:19
  You live on 5th Ave. All right?
• 2:51:23
  You dad used to live at Parkville, but he wasn't living
• 2:51:28
  in Parkville at that time, no. I don't think this would be that
• 2:52:03
  hard, but. All right, the fine is $75.
• 2:52:31
  Rest of these are cost. There's a $50 state minimum, $75
• 2:52:36
  crime victims rights fee, and $150.00 attorney fee, which
• 2:52:40
  makes 350. That's a lot.
• 2:52:46
  You owe $1734, but I'm not sure they haven't confabulated your
• 2:52:53
  case with your father. Do you have that many unpaid
• 2:52:57
  tickets? I don't believe so.
• 2:53:02
  All right, we'll find out. Let's take a look at that.
• 2:53:07
  You're Gregory Dean Decker, Junior.
• 2:53:35
  No, that's you, 20. I'm not sure everything is you,
• 2:53:53
  but some of them are. You got unpaid fines that you're
• 2:53:57
  going to need to deal with, so I'm going to put you on a
• 2:54:00
  payment plan if you want. I put you in jail and wipe all
• 2:54:05
  these out. Would you rather do that or do a
• 2:54:09
  payment plan to pay your fines and costs?
• 2:54:14
  Yeah, I want you to do that. You've got multiple unpaid
• 2:54:17
  tickets back from last several years and I want you to pay it.
• 2:54:27
  When did your last work? Yesterday.
• 2:54:33
  All right. Where was that?
• 2:54:36
  Where do you work? OK, good.
• 2:54:40
  Well, then you should be able to set up a payment plan to pay on
• 2:54:43
  all these fines. All right, Mr. Decker, did you
• 2:54:51
  take him on to the counter? We're going to try to address
• 2:54:55
  some of Mr. Gibson's in custody defendants.
• 2:55:02
  We'll start with Mandy Allen. Thank you, Ron.
• 2:55:05
  Thank you, Mr. George, for bringing Mandy Allen.
• 2:55:12
  I think there are a couple. Of them.
• 2:55:15
  No, we'll start with her. I have a free sheet.
• 2:55:58
  None. All right, Well, Judge stepped
• 2:56:32
  away. Let's do this.
• 2:56:34
  Let's go to El Paso in their jail, Magistrate.
• 2:56:38
  He's always fun. 2015 Possession of marijuana, criminal trespass
• 2:56:44
  out of California, DUI history. He's being accused of a number
• 2:56:49
  of possessions with intent to distribute a controlled
• 2:56:51
  substance. One simple possession of a vape
• 2:56:53
  pen. Miss Gabedo.
• 2:56:56
  Thank you, judge. Your honor.
• 2:56:58
  Mr. Adam and bodies lives at 136 Red Robin.
• 2:57:02
  He indicated that he is a provider for the gentleman that
• 2:57:07
  lives at that house. He's lived his entire life here
• 2:57:10
  in El Paso. He is AUS citizen.
• 2:57:12
  He completed up to the 9th grade at Burgess High School.
• 2:57:17
  He has one minor child that lives here in El Paso.
• 2:57:21
  He has his entire family here. He indicated that he has no
• 2:57:27
  money to post but can be reached at 91580 asking for PR bonds or
• 2:57:38
  any relief the court might find fitting.
• 2:57:40
  Thank you, Judge. Miss Carmona.
• 2:57:44
  Yes, Judge. So this occurred on 2/3 of 2026.
• 2:57:50
  Basically the Narcotics Division were conducting an ongoing
• 2:57:54
  investigation at an alleged address that was known to be
• 2:57:59
  trafficking narcotics. There are a couple Co defendants
• 2:58:03
  in this case. So basically one of the Co
• 2:58:05
  defendants leaves the apartment, they traffic stop based on a a
• 2:58:11
  violation. And when they do that they find
• 2:58:13
  narcotics on his person. He had a child in the car.
• 2:58:16
  So they call out the Co defendant, a female Bernal.
• 2:58:20
  She gets, she picks the child up, she goes back to the
• 2:58:23
  residence. They continue surveillance on
• 2:58:26
  the residence. It's an apartment.
• 2:58:28
  While they're doing surveillance, they observe the
• 2:58:30
  defendant to arrive. He enters the apartment empty
• 2:58:33
  handed, stays for a short period of time, and then he exits the
• 2:58:36
  apartment with a blue blue reusable Walmart tote, a yellow
• 2:58:42
  duffel, a black backpack, and a smaller blue backpack and places
• 2:58:46
  them in his vehicle. They initiate mobile
• 2:58:49
  surveillance. He fails to signal a couple
• 2:58:52
  times, conducts an unsafe lane change, cuts off several other
• 2:58:56
  vehicles causing them to break in order to avoid colliding with
• 2:59:00
  the defendant. So based on that, they do a
• 2:59:02
  traffic stop. They have him step out because
• 2:59:06
  he doesn't have his drivers license or vehicle information.
• 2:59:10
  They see several glass pipes in his front left jacket pocket.
• 2:59:14
  They call out a canine. Canine alerts search of the
• 2:59:17
  vehicle. They find the following
• 2:59:20
  narcotics as you can mention one vape pin, 298.97g of fentanyl,
• 2:59:26
  7.97g of MDMA, 11.06g of cocaine, 2024.76g of
• 2:59:36
  methamphetamine. He did state that he was called
• 2:59:39
  to the apartment by Co defendant Bernal who asked him to remove
• 2:59:43
  the narcotics from the apartment after Co defendant Edetta had
• 2:59:47
  been arrested. So Judge, based on the amount of
• 2:59:51
  narcotics that are involved, the state would be opposed to any
• 2:59:54
  reduction in Bond and his criminal history involving drugs
• 2:59:57
  all. Right, Mr. Armondaris, I'm
• 3:00:01
  denying any bond reduction based on the nature and circumstances
• 3:00:04
  of the alleged offence. And for the future safety of
• 3:00:07
  this community, do you understand that?
• 3:00:09
  Your honor, I've been very, I've been very cooperative, I mean.
• 3:00:15
  Mr. Arvin, that is, thank you very much.
• 3:00:17
  It's probably in your best interest not to say anything
• 3:00:20
  else right now. You're on Zoom.
• 3:00:23
  We're live. OK.
• 3:00:25
  Speak to your lawyer in private and your lawyer will know what
• 3:00:29
  to do. He can always request another
• 3:00:31
  bond hearing in the future. All right, Sir.
• 3:00:34
  Thank you. Next.
• 3:00:44
  Officer, do you have Oscar Armendaris on that floor?
• 3:00:49
  Oscar Armendaris? Yes.
• 3:00:52
  I don't have my. I don't have my list.
• 3:00:55
  You don't have them on your list?
• 3:00:57
  No, Sir. OK, give me a second.
• 3:01:12
  Oscar Cheyenne Armendariz No Sir, he is in 6:50. 650.
• 3:01:26
  OK, no, I'm not on that floor, Sir.
• 3:01:28
  OK, I'm the le question, Sir. What is your name?
• 3:01:31
  Garcia, Marco. Sir Garcia.
• 3:01:37
  OK. Mr. Garcia is here on a criminal
• 3:01:40
  mischief, $500 bond risk assessment, level 4, multiple
• 3:01:50
  felony convictions and I'd say about 15 misdemeanor convictions
• 3:01:56
  for various offenses. And he's got a pending.
• 3:02:01
  Well, this pending criminal mischief failed to appear in
• 3:02:04
  2018 on several cases, 2819 on several cases.
• 3:02:11
  Miss Cuvello. Thank you, Judge.
• 3:02:14
  Let's. See.
• 3:02:19
  Mr. Garcia indicated that he lives with a friend at 7333 with
• 3:02:24
  Syria. He's lived about 15 years here
• 3:02:27
  in El Paso. He attended school in
• 3:02:30
  Brownsville where he completed up to the 9th grade.
• 3:02:34
  He has work here in El Paso. He indicated that he does side
• 3:02:41
  jobs. In terms of the failure to
• 3:02:43
  appear judge, he did not. Well, he didn't know about the
• 3:02:49
  hearing. Mr. Garcia, why was it that you
• 3:02:54
  never reported? The reason why I didn't report
• 3:02:59
  it was because I did report it. I did report a couple of times,
• 3:03:03
  but but the last time that but the court, the days before that,
• 3:03:07
  I had the court. I didn't know that I had the
• 3:03:09
  court. So I didn't really, I didn't
• 3:03:13
  really reported that time because the the because I was
• 3:03:16
  supposed to call them. I was supposed to call them like
• 3:03:18
  a week later and and I didn't know that I had court.
• 3:03:21
  So I just, I just didn't call and I didn't know that I had the
• 3:03:24
  court date. OK, OK.
• 3:03:27
  Mr. Garcia, I just understand that it's your responsibility to
• 3:03:32
  report and to attend your court hearings, OK?
• 3:03:36
  If the judge were to let you back out again.
• 3:03:39
  OK. He indicated that he can be
• 3:03:41
  reached at 91523 PR. Bond.
• 3:03:47
  Or any relief the court might find fitting.
• 3:03:49
  Thank you, Judge. Miss Carmona.
• 3:03:52
  Yes. So this is APR revocation.
• 3:03:55
  As Miss Cabello indicated, it was a fail to appear to a
• 3:03:59
  pretrial on 1/26/26 and failed to maintain or failed to provide
• 3:04:04
  and maintain current info with the CJC office.
• 3:04:07
  They made attempts, I guess, to contact him and that was not
• 3:04:10
  successful. He just has extensive criminal
• 3:04:14
  history. Judge Cameron County, Harris
• 3:04:16
  County, here in El Paso. I just wrote down the
• 3:04:19
  convictions and there was just many, many, many.
• 3:04:22
  He recently fled IN20252123456 cases.
• 3:04:30
  And so just based on the fact that he can't comply with the PR
• 3:04:35
  responsibilities and his extensive criminal history, the
• 3:04:38
  state would be opposed to him being placed back on APR bond.
• 3:04:42
  So Garcia, I'm going to deny any bond reduction based on prior
• 3:04:47
  non compliance with the conditions of your PR bond.
• 3:04:50
  I'm going to get time, so I'm going to get time, Sir.
• 3:04:54
  That's OK. We'll talk to your lawyer.
• 3:04:57
  All right. He or she is probably going to
• 3:05:00
  go see you sometime next week. Thank you, Sir.
• 3:05:03
  God. Bless you all.
• 3:05:04
  Thank you very much. Have a good day, Next.
• 3:05:10
  Good morning, Sir. What is your name?
• 3:05:12
  Carlos Rodriguez. Miss Rodriguez.
• 3:05:14
  All right, Mr. Rodriguez is here on a driving while intoxicated
• 3:05:24
  charge. Risk assessment Level 4,
• 3:05:30
  multiple felony convictions, which are kind of old.
• 3:05:36
  The last one is in 2013, misdemeanor convictions as well,
• 3:05:39
  including 123 DUI's, one of which is pending.
• 3:05:45
  He also has a pending possession charge.
• 3:05:48
  Miss Cabello, Judge, I believe that this is a DAR from 2024 and
• 3:05:59
  let me see, I don't know if this is correct, but the PC the the
• 3:06:04
  summary does it. It's a point O2 or the summary
• 3:06:08
  that Adam provided. Anyway, Mr. Rodriguez lives with
• 3:06:14
  his children. He's lived his entire life here
• 3:06:17
  in El Paso. He lives at. 760 Pablo Silvas
• 3:06:22
  and he is currently not working and therefore doesn't have a
• 3:06:26
  source of income. He can be reached at
• 3:06:30
  915-296-0414. He is asking.
• 3:06:34
  For APR. Bond OK Miss Carmona, What was
• 3:06:38
  the BAC in this case? 0.199. .1999. 0.199. .0199 At
• 3:06:52
  least that's what Adam put .0. 199.
• 3:06:55
  No. Zero point 199.
• 3:06:58
  So basically .2. Yes.
• 3:07:01
  OK, sorry there was the summary had .0199 that's why I got
• 3:07:07
  confused, OK. Yeah, yes.
• 3:07:11
  And it was a collision, Judge. It is a DAR, but I think and the
• 3:07:16
  date of the offense was 7/23/24. It was a collision.
• 3:07:22
  He fled the scene of the accident.
• 3:07:27
  He obviously signs of intoxication.
• 3:07:28
  All the DWI components he refused or he because he was in
• 3:07:36
  an accident, he had injuries and needed to be transported to the
• 3:07:39
  hospital. So they were not able to perform
• 3:07:42
  the field sobriety test. They did do a blood draw though
• 3:07:46
  and as stated the results were 0.199.
• 3:07:52
  Miss Rivera is here on pure bond.
• 3:07:59
  He is pending a drug case in the 34th, but I didn't look at the
• 3:08:04
  bond on that one. OK, there is a certificate of of
• 3:08:09
  bailiff apparently he missed court on the 27th of June of
• 3:08:14
  last year. But I don't see a warrant being
• 3:08:18
  issued as of yet. Jackie yes, Judge, is there a
• 3:08:29
  pending a warrant issued on the felony or pending to be issued?
• 3:08:37
  Let me double check judge, because this is a no Co so I'm
• 3:08:43
  sorry. No, no, I'm talking about the
• 3:08:45
  felony case who set for a plea hearing on June 6th, 2025 on the
• 3:08:54
  felony and then apparently he failed to appear for that plea.
• 3:09:00
  There is a court setting for a status hearing on February the
• 3:09:07
  12th. OK.
• 3:09:12
  All right, Sir, on this case, I'm going to release you on a
• 3:09:15
  personal recognizance bond under DUI conditions.
• 3:09:19
  Don't use drugs or alcohol. Stay in contact with the Paraben
• 3:09:22
  office. Do not commit any further
• 3:09:23
  crimes. You're going to install an
• 3:09:25
  interlock device on your vehicle.
• 3:09:27
  You cannot use any other vehicle unless it has a similar device
• 3:09:30
  installed. So you have your hand.
• 3:09:32
  I'm sorry I. Don't drive.
• 3:09:35
  You don't drive? Yes, Sir.
• 3:09:36
  You don't have a car? No.
• 3:09:37
  Sir, I do transportation. Then you're going to have a
• 3:09:41
  portable alcohol monitoring device, you understand that?
• 3:09:44
  Understood. All right.
• 3:09:45
  Thank you very much, Sir. Have a good day.
• 3:09:48
  We're going to jump floors on. All right, friends, as I
• 3:09:52
  promised, at the top of the fourth hour, we would go to
• 3:09:55
  Dungeon Court. For those of you who might be
• 3:09:57
  new to the channel, who haven't experienced Dungeon Court
• 3:09:59
  before, Simply put it as our guilty pleasure here at TCF.
• 3:10:03
  And we try to do a little bit of every Friday, and I think we'll
• 3:10:07
  make that the first half hour of our final hour every Friday now
• 3:10:12
  when we can, unless it's not running or something.
• 3:10:17
  But here's the shtick. It's bad, and that's the whole
• 3:10:21
  point. Just lean into it.
• 3:10:23
  The audio sucks. It looks like it's in a dank,
• 3:10:27
  dark basement. The lighting is from the Soviet
• 3:10:33
  era. It's very Cold War.
• 3:10:36
  You can hear the screams of the dead souls in the background and
• 3:10:40
  a printer that never stops printing.
• 3:10:43
  It's all part of the fun, ladies and gentlemen.
• 3:10:46
  Enjoy Dungeon Court. There's Ramona Coleman here.
• 3:11:12
  Come up here. Real quick, while he's between
• 3:12:02
  contestants, I realized that there's newer members here who
• 3:12:05
  aren't as familiar with Dungeon Court.
• 3:12:07
  We've actually made a Dungeon Court brochure that I am happy
• 3:12:12
  to e-mail to you if you are a channel member.
• 3:12:15
  Simply reach out to me via e-mail so I know where to send
• 3:12:19
  it, and I will send you in an electronic copy of the official
• 3:12:25
  Dungeon Court brochure. It's a must have.
• 3:12:40
  Maybe we approach it on? Yes.
• 3:13:22
  I mean what I would do?
• 3:14:20
  None. None.
• 3:15:18
  Yeah. Roger you.
• 3:15:48
  No, I. Think it's Butcher's.
• 3:15:49
  Case he's he's here. He does not.
• 3:15:52
  Mr. Morgan. Butch, he's got a text.
• 3:16:00
  Mr. Spalding does not have Medicaid, he has Medicare.
• 3:16:03
  So that's a different animal for rats, talking about that for
• 3:16:08
  three years. Either a final pretrial or a
• 3:16:43
  trial judge. I I just don't feel comfortable
• 3:16:45
  by using my client kind of off the cuff just in her guilty plea
• 3:16:48
  and hope sentencing goes well. I need to discuss that in a
• 3:16:51
  little more depth with him. So however the court wants to
• 3:16:53
  handle set a bench trial or a final pretrial, then set a
• 3:16:57
  trial. I'm I'm OK with another another
• 3:17:03
  pretrial there. We should be pretty clear.
• 3:17:05
  We absolutely. Yeah.
• 3:17:06
  It's my March availability. Well, I'm thinking February.
• 3:17:12
  Oh, I'm sorry, I just said March.
• 3:17:13
  February. Availability is any Friday and
• 3:17:16
  also yeah, any Friday the 23rd also.
• 3:17:21
  Let's do the 20. 7th OK, I can do that. 20th is already pretty.
• 3:17:27
  Yeah, I've got several that two exceptions better for me, Judge.
• 3:17:31
  OK, one more and there's a felony here too.
• 3:17:35
  There is a. Felony and.
• 3:17:36
  And. I just.
• 3:17:37
  Discussed that with Miss Coleman and she says it was an old
• 3:17:40
  prescription from 20/22. She didn't even know it was
• 3:17:43
  missing until he got arrested. Apparently he had in his
• 3:17:46
  possession and it is serious. It's not necessarily to her
• 3:17:50
  because she didn't even remember that she had the prescription in
• 3:17:54
  the house, But we certainly, you know, we could take it to the
• 3:17:59
  grand jury if we, if, if things go in a, in a way that, you
• 3:18:05
  know, especially when we're going to agree to try to
• 3:18:09
  misdemeanor cases here and then just disregard the felony case.
• 3:18:13
  I mean, I, it seems like maybe we should reconsider that, but
• 3:18:17
  we, we're OK with one more pre trial and one more preliminary
• 3:18:21
  hearing. We'll.
• 3:18:21
  We'll talk about all that. And Judge, I would ask if.
• 3:18:24
  If the court considers. It's not off the table.
• 3:18:27
  We're taking a whole case of the grand jury and.
• 3:18:29
  You could take the. Felony and the misdemeanor,
• 3:18:32
  yeah. That's my understanding.
• 3:18:34
  But we'd rather resolve it here, so we're going to know that
• 3:18:40
  whether it's going to be resolved here or not on the 20.
• 3:18:43
  7th yes. We're going to talk and I just
• 3:18:46
  feel better bouncing everything off my client.
• 3:18:48
  What's good, what's bad? I.
• 3:18:50
  Would ask the court consider taking off the ankle water?
• 3:18:53
  I don't think the treatment facility is concerned at this
• 3:18:56
  point. It's an alcohol kind of only.
• 3:18:58
  That. You could do.
• 3:19:00
  You're agreeable. Yes, it's like a Doctor Jekyll,
• 3:19:02
  Mr. Hyde. Either he's, I have absolutely
• 3:19:05
  no concerns of him leaving or not doing exactly what's
• 3:19:09
  required of him. OK.
• 3:19:11
  I'll order ankle water. Moving.
• 3:19:13
  To check in with. Mr. Major information.
• 3:19:23
  Should have been. On CRA 26 OK, next hearing
• 3:19:31
  February 27th. Thank you.
• 3:19:47
  OK. So this did not work out with
• 3:19:50
  RRS because Mr. Swanigan has Medicare, he does not have
• 3:19:54
  Medicaid. So we're going to have to get a
• 3:19:56
  provider that can accept Medicare.
• 3:19:59
  Can counseling Sarah take Medicare?
• 3:20:02
  No, OVP can. Cardio.
• 3:20:08
  Can card. Let's.
• 3:20:30
  See, in this case, Biggie Golfer.
• 3:20:31
  On. Yeah, OK.
• 3:20:33
  We're going to work on trying. It's going to be part of the
• 3:20:36
  cardinal residue. So let's.
• 3:20:39
  There's. Phone calls being made so let's
• 3:20:41
  see what we're looking at. So OK, let's see.
• 3:20:45
  Done. We're ready to all some of the
• 3:20:48
  inmates that are happy and we've got inmates in person.
• 3:20:53
  Who? Do their cases now stable high
• 3:20:56
  versus Andrew J Farley except for CRN 2678 and the?
• 3:21:02
  CR. Sir.
• 3:22:08
  You're angry. Farley.
• 3:22:11
  Farley. Jeff.
• 3:22:12
  Cather. You have right hand silent, you
• 3:22:15
  don't have to say anything. Can you make statements on the
• 3:22:17
  record they can be used against you and write to an attorney
• 3:22:21
  they have one appointed. If you can't afford one to have
• 3:22:25
  bond and make the state prove the charges against you beyond a
• 3:22:28
  reasonable doubt, do. You understand those?
• 3:22:30
  Things you've got charged with intimidation and vandalism and
• 3:22:42
  domestic violence and unlawful restraint.
• 3:22:45
  So you have 4 charges. Start with a intimidation. 70.
• 3:22:50
  8A is the case number it allowed this February 2nd Union
• 3:22:54
  Township. Not.
• 3:22:56
  Only by force or unlawful threat of harm to another person, that
• 3:23:00
  person being Cheryl Simmons. You attempted to intimidate
• 3:23:04
  Cheryl Simmons and the following of criminal charges.
• 3:23:09
  So that's a felony, the third degree.
• 3:23:11
  The maximum penalty is five years in jail and an $8000 fine.
• 3:23:17
  Said the AB. Alleges vandalism that February
• 3:23:21
  2nd, Union Township you normally cost this apartment property the
• 3:23:26
  zoned by Lawrence County community Corrections and that's
• 3:23:32
  used in their profession looks like it was something in the
• 3:23:36
  control car was damaged that's a felony child damaging vandalism.
• 3:23:42
  Maximum penalty is a year in jail, $2500 Fund 79 A alleges
• 3:23:50
  February 2nd Union Township. You not.
• 3:23:53
  Only cause you're trying to cause visit hard with Cheryl
• 3:23:56
  Simmons and that Cheryl either lives in your household or is
• 3:24:00
  part of your family so that makes it domestic violence
• 3:24:03
  maximum penalty six months in jail $1000 a hundred and the
• 3:24:10
  last charge is unlawful restraint.
• 3:24:12
  It alleges that you, on February 2nd, without the right to do so,
• 3:24:17
  restrained Cheryl Simmons and her liberty.
• 3:24:20
  That's a third degree misdemeanor.
• 3:24:21
  Maximum penalty, 60 days, $500 fine.
• 3:24:27
  Do you understand these charges? Do you have money to hire a
• 3:24:32
  lawyer? No.
• 3:24:32
  Do you have a job? I did until I got locked up.
• 3:24:38
  Where was that? I'm on big branch, private.
• 3:24:41
  I work for a man making $15.00 an hour until I got locked up.
• 3:24:46
  OK, but do you think that job's? Gone.
• 3:24:47
  Now I can. Get it back if I got out.
• 3:24:52
  Well, do you do you have any money to hire a lawyer with?
• 3:24:54
  No. OK.
• 3:24:58
  Mr. Smith, I'll point you Mr. State's position.
• 3:25:07
  On bond, Mr. Farley. State would request a $50,000
• 3:25:11
  cash for surety bond. OK, I'll set it on at this point
• 3:25:15
  in 50,000. We're also asking for a
• 3:25:19
  protection order and I ordered him to stay away from Cheryl
• 3:25:22
  Simmons. Mr. Smith, do you want to fall?
• 3:25:36
  Yes, I spoke. He says he can make a $5.
• 3:25:38
  Bond so. We can set and then we can
• 3:25:43
  carry. He.
• 3:25:45
  He. Can't plead guilty Steve Denning
• 3:26:00
  custody since the second. We either need to save our money
• 3:26:04
  or our waiver till next Friday because the 10 days will run on
• 3:26:08
  Thursday. Did you go?
• 3:26:22
  That would have been Monday. That's why I didn't ask you to
• 3:26:26
  run you before. Anyway, did he go to?
• 3:26:31
  Custody on the second, yeah. That's what I'm.
• 3:26:35
  Going to see. Yeah, that we need to.
• 3:26:39
  Do. His preliminary Monday guys safe
• 3:26:46
  and be ready. There's not going to be anything
• 3:26:49
  to do this weekend anyway. Monday because.
• 3:26:54
  It's. Not well, Your Honor, we're
• 3:26:58
  going to have to contact both of our witnesses, the officer and
• 3:27:01
  the victim, to make sure they can be here on Monday.
• 3:27:03
  But I I would assume, I mean, the court's going to set at the
• 3:27:07
  end and we'll try to be ready. Well, I got to set it within 10
• 3:27:10
  days of his incarcerations. Yeah, that's fine.
• 3:27:14
  That's fine. All right.
• 3:27:15
  So February 9th either from here, here. 10:00
• 3:27:32
  OK, that's all state of law. This has been Justice 6 #3 RA.
• 3:27:39
  26/7. 33 RA. 2674. This is from my sister.
• 3:27:54
  That's a 70 it. Sounds like.
• 3:28:06
  I remember that. I remember you told me that
• 3:28:11
  after. The.
• 3:28:13
  Arrangement. Yeah, The first time I saw you,
• 3:28:15
  I was when we did it on TV and I talked to.
• 3:28:18
  You I was made. Yeah.
• 3:28:22
  You're on the system I have. Spoken.
• 3:28:24
  Back on recent. I think easily.
• 3:28:29
  Psychiatric evaluation I have been doctoring up when we did on
• 3:28:33
  a recent. Case we had.
• 3:28:35
  Quite some. Time for the clerk to present to
• 3:28:39
  you. I just hearing I can't have them
• 3:28:43
  here at this point. I just can't.
• 3:28:46
  Mr. Deal, I'm sorry, can you repeat that?
• 3:28:52
  I'm moving for a psychiatric evaluation.
• 3:28:55
  Evaluation. That's fine.
• 3:28:58
  I started working on it. Just had one in North Carolina,
• 3:29:05
  so southeast Ohio. Forensic.
• 3:29:13
  I'd like to see that. Because I've got a lot of shit
• 3:29:16
  happening in your Australian. OK, OK, Mr. Smith can look at
• 3:29:21
  that. When do you want to come back,
• 3:29:25
  Judge? It's going to take.
• 3:29:27
  Any. Friday in February.
• 3:29:34
  OK here else can I say something please?
• 3:29:37
  No, Sir. That's my witness.
• 3:29:41
  You can talk to the lawyers if you want, but OK, I would like
• 3:29:44
  to speak to them for this second, please.
• 3:29:52
  Yes, Sir. He's been in the hospital. 3.
• 3:29:54
  Times in North Carolina case number is 26732670. 4.
• 3:30:11
  Sir, I'm right there with you. I hear what you're saying.
• 3:30:14
  You need to go to the legislature and tell them to
• 3:30:16
  turn loosen some money for mental health treatment.
• 3:30:18
  They don't want to spend any money in this state on mental
• 3:30:20
  health treatment. We are at woefully and
• 3:30:24
  adequately funded for that, OK. That's enough.
• 3:30:29
  You don't. Need to say.
• 3:30:30
  Anything else? I heard what you said.
• 3:30:31
  We're going to. Do this.
• 3:30:33
  Is my pre lawyer and we have to get him evaluated but there's
• 3:30:37
  not much out there for people in his.
• 3:30:39
  Position. I haven't and we got to place my
• 3:30:42
  following card being my raving my rights.
• 3:30:45
  Nobody raving anything you know, and I can't read the word.
• 3:30:48
  I'm going to set his next hearing for February 20th.
• 3:30:52
  I'll. Be.
• 3:30:55
  And I'm all my lawyer. This is your.
• 3:30:57
  Lawyer. That's my pre lawyer, you can
• 3:31:01
  call anybody you want. I haven't placed a phone call or
• 3:31:04
  been reading my routes since then.
• 3:31:06
  I. Haven't been talked to in four
• 3:31:08
  days. I've been in that cell, but I'm
• 3:31:09
  not talking to you. I.
• 3:31:11
  Talked to you for 2 seconds. That's all I've been talking to.
• 3:31:15
  Yeah. Have your lawyer to give.
• 3:31:16
  Me a call, I'll talk to him. State of.
• 3:31:21
  Ohio versus Jane the Greatest. Support number CRB 2644 AB and
• 3:31:28
  CCRB 4643. The jail.
• 3:32:25
  We need some time to talk. With Mr. Gray OK, we'll recall
• 3:32:42
  stable highway deploy storms case supper CRA 2663 John I'm
• 3:32:47
  told that on their way to pick him up and so they didn't OK
• 3:33:00
  well I'll enter in order to dismiss the case here.
• 3:33:05
  So if they don't pick him up today, he should be released.
• 3:33:11
  OK, so he's already gone from the sale.
• 3:33:13
  OK, so the case here can be. Dismissed.
• 3:33:29
  Table, however, Marty Tolliver, official number CR825757.
• 3:34:00
  So are you Marty Tolliver, you're being served with a copy
• 3:34:04
  of the charges filed against you.
• 3:34:06
  Charge there's only one 25757 is the case number and it alleges
• 3:34:12
  that on November 27th of 2025 in Fayette Township, you did
• 3:34:20
  receive retainer disposal property being a cell phone that
• 3:34:24
  belong to another person. And that you?
• 3:34:27
  Had reason to know it was obtained by theft offense.
• 3:34:31
  So the charging issues receiving stolen property.
• 3:34:34
  It's a colony of the 5th degree. Maximum penalties a year in
• 3:34:37
  jail, $2500 con. Do you understand the charge?
• 3:34:47
  Yes. Do you have the mate to hire a
• 3:34:55
  lawyer? Do you have a job?
• 3:34:57
  Nothing more. You used to.
• 3:35:01
  Where can we supervisor again? Until you got arrested on this.
• 3:35:10
  Oh, OK. So when did you when did you
• 3:35:12
  last work then? Two months again.
• 3:35:16
  OK, you say you have no monies now.
• 3:35:20
  I haven't ever got a locked up but.
• 3:35:21
  I haven't done that right now. Yeah, I'll appoint Mr. Stratton.
• 3:35:30
  I think he's he's in the back. So I'm appointing Mr. Stratton.
• 3:35:36
  He is here. He'll talk to you today.
• 3:35:40
  State's position on bond. You got a South point of drug.
• 3:35:50
  I'm going to point you. This is Morgan Collier.
• 3:35:52
  It's AF5 receiving some part. It's over a cell phone.
• 3:36:00
  States OK. No ROR bomb.
• 3:36:05
  OK, Mr. Tolliver, I'm going to let you out on your signature,
• 3:36:09
  your promise to come to court. Will you promise me your great
• 3:36:12
  kind of court? OK, I'll let you sign a $2000
• 3:36:16
  signature bond. As long as you come to court.
• 3:36:19
  You don't have to pay 2000. If you don't come, then you got
• 3:36:22
  to pay 2000 and you get a warrant.
• 3:36:26
  So now we're going to talk about when to come back to the next
• 3:36:29
  hearing. When do you want to come back
• 3:36:34
  for the next hearing, Mr. Strike, since he's going to be
• 3:36:36
  out on bond. Good luck with the court.
• 3:36:44
  Well, what you're available with I'll available next week Monday
• 3:36:48
  and Friday. Well, I don't want to set it for
• 3:36:54
  Monday. I can set it for the 13th or the
• 3:36:57
  20th, OK February 13th will be the next period and he will be
• 3:37:09
  kind of fairly to the jail, OK, because I don't have it in the
• 3:37:14
  fall. He needs to be fingerprinted
• 3:37:15
  before he's released. That he should.
• 3:37:17
  Be released on an alarm on and then you got to be here next
• 3:37:22
  Friday, 10:00 right here at this court.
• 3:37:32
  Mr. Stratton, Are you ready for James Gray?
• 3:37:34
  I am stable highway calls James Gray.
• 3:37:38
  So great granny you say you people need read rather and or
• 3:37:43
  watch too many horror movies and stories.
• 3:37:45
  That's not true. We just watch a lot of Dungeon
• 3:37:50
  Court. Though I will say that the
• 3:37:52
  carpet is officially named Crimson Shining Crimson, and the
• 3:38:00
  lighting is ripped straight from the set of Doctor Strangelove.
• 3:38:06
  So I'm not saying that Stanley Kubrick was not involved in the
• 3:38:10
  creation of this particular courtroom, but I'm not saying he
• 3:38:14
  wasn't involved either. Say on that.
• 3:38:19
  Okie, dokie friends. So let's, let's do some overtime
• 3:38:24
  stuff now. So I've got a few stories to
• 3:38:27
  share, a couple of photos and then I'm going to replay a piece
• 3:38:34
  of the pre show, which I never do, but I there was a very
• 3:38:38
  important public service announcement that I think
• 3:38:41
  everybody should benefit from. So we're going to share that at
• 3:38:44
  the end here. If you want to join me on stage
• 3:38:47
  and your channel member, that link has been posted in the
• 3:38:49
  discord. I would love to chat with you.
• 3:38:51
  So feel free because you have that opportunity now.
• 3:38:56
  Okie, dokie, let's do this, go here and let's go here.
• 3:39:08
  And I don't like the way that looks, so let's go here.
• 3:39:13
  There we go. All right, so we over the course
• 3:39:18
  of the week have been discussing this abduction of Savannah
• 3:39:24
  Guthrie's mother. Savannah Guthrie being the Co
• 3:39:27
  host of the Today show and I've been paying attention to this
• 3:39:31
  because this happened right here in great state of Arizona,
• 3:39:38
  nowhere near where the bunker is but still.
• 3:39:42
  But a couple of new pieces to the puzzle.
• 3:39:44
  A neighbor spotted mysterious white van before mother vanished
• 3:39:48
  from home. So apparently she was last seen
• 3:39:54
  at her home around 9:30 Saturday night.
• 3:39:55
  I think we've talked about that before.
• 3:40:02
  But Brett McIntyre lives across the street from Nancy Guthrie.
• 3:40:05
  Nancy, being Savannah's mother, told the New York Post he
• 3:40:09
  reported an unmarked van to police.
• 3:40:10
  He couldn't recall exactly when he saw the van, but he said it
• 3:40:14
  was recent. It was somewhere on that street.
• 3:40:17
  It was a white van, full size with no printing on the sides.
• 3:40:21
  It was parked on the street. Normally people that are coming
• 3:40:24
  to work on your home will have a company vehicle or if they're
• 3:40:28
  independent, something written on it.
• 3:40:30
  From now on, when I'm going out and about, I'll have a paper and
• 3:40:34
  pen and record anything unusual, he added.
• 3:40:37
  So that's an interesting piece of the puzzle.
• 3:40:40
  But this from last night, Harvey Levin appeared on Hannity.
• 3:40:45
  I don't particularly care about Hannity or Harvey Levin for that
• 3:40:49
  matter, but he had some interesting information.
• 3:40:52
  TMZ founder Harvey Levin appeared Thursday night provided
• 3:40:55
  explosive new information. Levin outlined that, well, an
• 3:41:01
  initial Thursday deadline for an alleged ransom note had passed.
• 3:41:04
  A second Monday deadline is far more consequential.
• 3:41:09
  Quote The letter begins by saying she is safe but scared,
• 3:41:12
  and they go on to say she knows exactly what the demand is,
• 3:41:16
  Levin said. And so they are, you know,
• 3:41:20
  through US telling the family and obviously the Sheriff's
• 3:41:23
  Department gave the family the letter we received exactly what
• 3:41:27
  they're demanding and what they're saying.
• 3:41:29
  Nancy is aware of it. Levin said the contents of the
• 3:41:33
  letter make him believe the individual wrote it was nearby,
• 3:41:36
  possibly in the Tucson area. He said the individuals behind
• 3:41:40
  the note knew specific information about the placement
• 3:41:43
  of objects in Guthrie's house, including the placement of an
• 3:41:46
  Apple Watch, information he said was not publicly available.
• 3:41:54
  There's a phrase in this e-mail that absolutely makes me believe
• 3:41:58
  this person who wrote this and they're telling the truth that
• 3:42:01
  Nancy is within the radius of the Tucson area, Not in Tucson
• 3:42:05
  right now, but in a radius could be New Mexico.
• 3:42:08
  I don't know how far, but I think at least the authorities
• 3:42:11
  say they've got a radius. And that's something.
• 3:42:16
  My personal belief on this, to be honest with you, is that if
• 3:42:22
  she has been abducted, I would not be surprised if they're in
• 3:42:26
  Mexico. For as much as we talk about our
• 3:42:30
  border security, there are all sorts of ways to get across that
• 3:42:36
  border without anybody noticing. I remember it's not near Tucson,
• 3:42:42
  but I remember several years ago being in El Paso and there's a
• 3:42:46
  road there that's just open back and forth between El Paso and
• 3:42:50
  Juarez. There's no guards, no nothing,
• 3:42:52
  just people moving back and forth.
• 3:42:54
  And my belief was it was opened for commerce purposes because
• 3:42:59
  you got workers and stuff going back and forth because those two
• 3:43:01
  cities are so integrated. But but it's a thing and I
• 3:43:09
  wouldn't be surprised if that's where she is.
• 3:43:11
  So we'll keep an eye on the story over the weekend, but I'm
• 3:43:15
  curious obviously to see what happens and hopefully all turns
• 3:43:19
  out well. But I don't think there's a lot
• 3:43:21
  of doubt in my mind anymore that somebody has kidnapped her and
• 3:43:25
  is holding her for a bunch of money and Savannah has a bunch
• 3:43:30
  of money. So but not surprise me any who.
• 3:43:35
  Two other court stories that are interesting that I wanted to
• 3:43:40
  share with you. This one was from a few days
• 3:43:43
  ago. I've been holding on to it but
• 3:43:44
  hadn't had a chance to get to it yet.
• 3:43:47
  So this is from 10th Circuit and has to do with the case in
• 3:43:54
  Kansas and how law enforcement is approaching things.
• 3:43:59
  But the 10th Circuit panel found that out of state motorists who
• 3:44:03
  sued Kansas over a traffic stop have standing, but a federal
• 3:44:06
  judge went too far in an injunction that imposed
• 3:44:09
  documentation other requirements.
• 3:44:12
  That issue was a tactic used by Kansas Highway Patrol, where a
• 3:44:16
  state trooper turns away from the driver's door and then turns
• 3:44:20
  around and starts talking to the motorist again.
• 3:44:23
  This maneuver, sometimes known as the Kansas 2 Step, initiates
• 3:44:27
  what law enforcement describes as a voluntary interaction with
• 3:44:31
  the trooper, as opposed to the rest of the traffic stop, which
• 3:44:33
  is involuntary. So I don't see a need to go into
• 3:44:39
  the rest of the article, but I wanted to pull it up because
• 3:44:41
  it's super interesting to me in a bad way.
• 3:44:45
  But I'm glad that there's a court that's challenging this
• 3:44:48
  and allowing a challenge to go through that.
• 3:44:53
  The tactics of the police, at least there have evolved to a
• 3:44:57
  point where they realize that if they disengage and then go back,
• 3:45:00
  it changes that the dynamic. And at that point, anything that
• 3:45:05
  is said by the motorist would be considered voluntary information
• 3:45:10
  that was given. That's messed up.
• 3:45:15
  You know, I'm not, I'm not the bash all police kind of person
• 3:45:20
  that we see out of so many. I mean, I get why some people do
• 3:45:24
  that, but I think we've gone over the top and there needs to
• 3:45:26
  be a meeting in the middle. Otherwise you're just going to
• 3:45:30
  it's a snowball effect. You just create more of of what
• 3:45:34
  you're trying to get rid of when you're constantly bashing it.
• 3:45:38
  But that's that's a messed up tactic.
• 3:45:41
  So I'm going to follow this story and see where it goes in
• 3:45:44
  the courts from here. But I'm glad it's being
• 3:45:47
  challenged because because that's not right.
• 3:45:51
  You know, especially once you're when you're pulled over, it's
• 3:45:55
  it's all involuntary. But the fact that they're using
• 3:45:58
  like this legal loophole to disengage and then re engage to
• 3:46:02
  flip the script so that at that point, concealably, anything
• 3:46:05
  they say could be used against them because it becomes
• 3:46:09
  voluntary at that point, that's a that's a pretty messed up
• 3:46:15
  situation. There's that and then one other
• 3:46:20
  story I wanted to share. This one just came up this
• 3:46:24
  morning for me. And this is disturbing for a
• 3:46:28
  different reason. 9th 9th Circuit takes aim at California
• 3:46:31
  gun dealer surveillance law 9th Circuit panel on Monday
• 3:46:35
  questioned the need for continuous audio surveillance of
• 3:46:38
  firearm transactions as required by California law to aid
• 3:46:42
  enforcement investigations. Gun dealers on the Second
• 3:46:46
  Amendment Foundation are aiming to revive their challenge to a
• 3:46:50
  part of California's Penal Code that forces licensed firearm
• 3:46:53
  dealers to maintain digital audio and video surveillance of
• 3:46:57
  the premises. They claim the statute violates
• 3:46:59
  the 1st, 4th and 5th Amendment rights, saying surveillance
• 3:47:02
  amounts to a continuous warrantless search without
• 3:47:05
  probable cause. This is not a case where the
• 3:47:09
  government may regulate A licensed entity.
• 3:47:12
  It's about whether the government may require private
• 3:47:15
  parties to carry out suspicionless government
• 3:47:20
  surveillance programs. The audio is troubling because I
• 3:47:25
  don't think you need that information, said Leah, Donald
• 3:47:28
  Trump appointee. There is a lot of core political
• 3:47:31
  speech, and it will have a chilling effect.
• 3:47:33
  If they think the government can have a year's worth of
• 3:47:36
  everything you say, you'll be deterred from saying things.
• 3:47:43
  Yeah, I got a big problem with that, you know, because I could
• 3:47:50
  see it being misused for sure. You know, gun shops, whether we
• 3:47:57
  like it or not, and it really doesn't matter what side you're
• 3:48:00
  on. They can often be a a place
• 3:48:03
  where you're going to have political speech going on for
• 3:48:05
  sure. Because you're either, you know,
• 3:48:09
  you might be getting a firearm because you believe this side is
• 3:48:11
  trouble or that side is trouble over the case may be.
• 3:48:14
  But the idea that all of this information is being collected
• 3:48:20
  and it's just out there for the government to then go and grab
• 3:48:25
  at any point, that bothers me. Now the good news for me
• 3:48:30
  anyways, that's in California. I'm in Arizona where it's
• 3:48:33
  illegal not to be armed at all times and we don't have to
• 3:48:38
  register our firearms and we don't need, it's constitutional
• 3:48:42
  carry here. So we don't need a concealed
• 3:48:43
  carry permit, all of these things.
• 3:48:47
  So we're very much two way aligned here where California
• 3:48:51
  obviously is not. But I would tend to see that as
• 3:48:54
  an overstep. So this will be yet another case
• 3:48:57
  that I will follow to see where it goes because I don't like it.
• 3:49:03
  I don't like the idea at any time, no matter where you are,
• 3:49:06
  of the government just continuing to collect more and
• 3:49:09
  more of what you say and have it recorded.
• 3:49:12
  With that having been said, the problem goes way beyond just a
• 3:49:15
  just a gun shop and it's everywhere.
• 3:49:18
  We have devices in our home recording us at all times.
• 3:49:21
  It's you know, and we do it willingly.
• 3:49:24
  So go figure. All right, I want to share 2
• 3:49:29
  pictures with you and then I want to play your PSA and then
• 3:49:35
  we'll be done for the day. First off, we didn't see much
• 3:49:38
  Ellie until the end of the show. She's actually sleeping again,
• 3:49:44
  but this was Ellie at one point in her bed.
• 3:49:50
  I moved her bed down by my feet the other day because she just
• 3:49:55
  had this, this need to be lying at my feet.
• 3:50:00
  So I put that down there. So that was her a little earlier
• 3:50:05
  and then about 20 minutes later she assumed this pose.
• 3:50:12
  It's just hilarious to me. The ways, the ways a cat can
• 3:50:18
  twist themselves is just absolutely amazing.
• 3:50:22
  I am going to attempt if I can this weekend, if I can find the
• 3:50:28
  time to get an LE Cam set up so we can keep a better eye on her
• 3:50:34
  during the show. One last thing for you.
• 3:50:40
  So I want to play a piece of a rather not a piece of yeah, a
• 3:50:45
  piece of the morning pre show. And this is a public service
• 3:50:49
  announcement that I did and I think it's a very important PSA.
• 3:50:55
  So please give it a listen and then we'll call it a day
• 3:50:58
  afterwards. Every day in homes just like
• 3:51:17
  yours, innocent popsicles are open with love, only to be
• 3:51:22
  abandoned in beds across America.
• 3:51:26
  Some never even make to the first look.
• 3:51:30
  Last night, a popsicle in this home was just one of countless
• 3:51:33
  victims of nighttime popsicle neglect.
• 3:51:37
  Beth bravely requested a popsicle to help survive a hot
• 3:51:40
  flash. Me doing the Lord's work
• 3:51:44
  delivered. But within minutes she drifted
• 3:51:47
  back to sleep. And that popsicle?
• 3:51:50
  That popsicle melted alone, afraid, soaking into her
• 3:51:57
  clothing one sticky tear at a time.
• 3:52:01
  But you can help right now. For just $0.00 a day, you can
• 3:52:05
  make a difference. Here's how you can join the
• 3:52:08
  fight against popsicle waste. Don't popsicle drowsy.
• 3:52:14
  If your eyes are closing, it's not snack time, it's nap time.
• 3:52:18
  Use the buddy system. If a loved one is eating a
• 3:52:21
  popsicle in bed, assign a responsible adult to stand by
• 3:52:24
  with a napkin, a towel, maybe even a shop vac.
• 3:52:30
  Adopt. Don't neglect, when you open a
• 3:52:32
  popsicle, commit to seeing it through.
• 3:52:36
  Don't leave it to melt on a pillowcase wondering what it did
• 3:52:38
  wrong. Establish A popsicle safety
• 3:52:42
  zone. All popsicles must be consumed
• 3:52:47
  in the kitchen, sitting up or at least 10 feet away from clean
• 3:52:51
  sheets. And finally, if you see
• 3:52:54
  something, say something. If you witness someone drifting
• 3:52:58
  off mid bite, gently remove the popsicle and whisper you're safe
• 3:53:04
  now. I'll finish this for you.
• 3:53:09
  Together we can end the sticky right now.
• 3:53:12
  Somewhere out there, a popsicle is sliding slowly down a fitted
• 3:53:16
  sheet. A pillow is absorbing cherry
• 3:53:20
  flavored trauma. A spouse is waking up wondering
• 3:53:23
  why their arms smells like blue Raspberry.
• 3:53:26
  But it doesn't have to be this way.
• 3:53:28
  Join us, stand up. Say no more popsicles left
• 3:53:33
  behind. Until that day comes, please
• 3:53:37
  keep your freezers cold, sheets dry and your popsicles where
• 3:53:41
  they belong, safely in your mouth, not glued to your
• 3:53:45
  shoulder blade at 3:00 AM. This message has been brought to
• 3:53:49
  you by the SPCP, the Society for Prevention of Cruelty to
• 3:53:53
  Popsicles. There you go ladies and
• 3:53:58
  gentlemen. Just an important PSA that I did
• 3:54:00
  share during the pre show. I felt it would benefit
• 3:54:02
  everybody, so I wanted to make sure that everybody got the
• 3:54:05
  chance to see it. Hi ladies and gentlemen, that
• 3:54:08
  will conclude the festivities for this week.
• 3:54:13
  I hope you all had fun, I know I did.
• 3:54:15
  We will have best of shows for you this weekend as well as some
• 3:54:18
  other videos posting. We'll be back live on this
• 3:54:20
  channel Monday morning, 9:00 AM Eastern, 6:00 AM Pacific, 1/2 an
• 3:54:24
  hour early for channel members. Do have yourselves a good
• 3:54:27
  weekend and I hope to see you out there on the channel during
• 3:54:30
  the weekend and interact with you where I can.
• 3:54:33
  But do have yourselves a great weekend.
• 3:54:35
  Take care, God bless.