Latest / The Courtroom Files / May 19, 2026 Court Hearings: Judge Stevens Erupts, ICE Hold Activated, Competency Drama & More | TCF Podcast #294

Transcript

May 19, 2026 Court Hearings: Judge Stevens Erupts, ICE Hold Activated, Competency Drama & More | TCF Podcast #294 · The Courtroom Files

0:00
Good morning everybody, happy it's no longer Monday, also
0:03
known as Tuesday. It's TCF Live.
0:05
My name is Dansel. I'll be your guide through this
0:07
three hour journey through Cortlandia.
0:10
We will get started with a kind of grumpy, weird looking now.
0:16
Maybe not Judge Middleton. 2026 and you're here for an arena.
0:23
At least I think you are. The arraignment is the process
0:27
where the judge tells you what you're charged with and asks you
0:31
how you wish to plead to the charge.
0:35
And then we're going to take you essentially in the order that
0:37
you came in. Zachary Whaley, would you come
0:41
right up to the podium and give the court officer the top copy
0:45
of your advice of Rights 1st and the?
0:51
Separate. Authority Chair?
0:52
Yeah, we can do that. One or nine, you'll be 3 and
0:55
then we'll show both sides 26. Scheduled two we didn't know.
1:00
That 831, are you Zachary Thomas Whaley?
1:06
Yes, Mr. Whaley, you've got a ticket for driving without
1:09
insurance and for driving without an operator's license.
1:14
We get lots and lots of these. Driving on insurance is a
1:18
misdemeanor. It's punishable by up to a year
1:20
in jail, carries a fine of not less than $200, not more than
1:25
$500, and kills your insurance rates.
1:30
No operator's license is a misdemeanor.
1:32
It's punishable by after 90 days in jail and a fine of up to
1:37
$100. It does carry 2 points.
1:40
So let's take a look at your ticket.
1:43
They can now run your license plate and they can tell whether
1:46
the car's insured or not. They couldn't always do that
1:49
years ago, but you got this ticket at 9 O clock in the
1:52
morning right here in the village of Centreville.
1:56
It also gave be a warning for a defective plate light.
2:00
Let me ask you the same question I asked everybody else.
2:02
Do you have insurance now? Yes, Sir.
2:04
Do you have your license now? I am.
2:08
I have a appointment for after this to go in, get my permit to
2:14
renew my permit. Very good.
2:17
Who's your insurance carrier? That's the last Farmers
2:21
insurance. You still live here in
2:23
Centerville? Yes, Sir.
2:25
All right. So you have ASOS appointment
2:27
today. Yes. 240.
2:30
It may be handy just to get us a little bit of time around.
2:32
Yes, I think so. What we usually do with these is
2:36
we adjourn a couple weeks for you to come back in and show
2:41
that you have a permit again and show proof of insurance.
2:45
The prosecutor could amend both of these charges to something.
2:49
If you get convicted this no insurance and you get convicted
2:53
of no OPS, you won't be able to get your license for about a
2:56
year and you're going to have to pay a lot of money.
2:58
If you now have insurance and you come in and show that you
3:02
have your permit, prosecutor can amend the charges to something
3:05
that won't be so expensive and so damaging.
3:09
So I'm going to join this a couple weeks.
3:11
OK, Thank you Sir. And then I want you to come in
3:15
with your license and insurance. Yes, Sir.
3:18
So today is the somebody swipe my calendar.
3:24
I blame judge for passing. Today is the 19th.
3:29
I'm going to adjourn about 3 weeks, which will put it not on
3:33
a free exam. Tuesday, 1926 to 9.
3:44
You said June 9th. Yeah.
3:46
Does that work for you? 8:30 in the morning?
3:47
Yes, Sir. Tuesday, 8:30 right here.
3:53
Courtroom C with a pretrial. Bring proof of insurance and
3:57
permit. OK, Sir, I will.
3:59
All right. I can't ask for more than that.
4:02
You do good on your test. Hold on to that insurance thing.
4:06
And if you come in with both of these, thank you.
4:12
That'll be June 9th at 8:30. All right.
4:15
See you then. All right, I'll be here, I hope.
4:18
Thank you, Sir. Have a nice day to brain permit
4:23
insurance performers. Insurance.
4:27
All right, he's going to be all right.
4:31
Sorry. I have one speed.
4:32
It's about 6 miles an hour, but there's a lot to take care of
4:37
here. Next is John Hurst.
4:40
Would you come forward, please? Good morning, Sir.
4:46
Good. Morning.
4:50
You gave Me 2 copies of the Backpage.
4:55
I need one of his first copies. This is file 26 9 SM.
5:04
There's also a ordinance ticket. No operator's license in 26. 8.
5:11
33O2 These are two separate incidents. 1 is a larceny charge
5:19
and others a traffic case. So let's take a look at these
5:22
one by one. First let's talk about the
5:25
traffic case. You got a ticket in one kitchen
5:28
on May 1st at 6:38 PM. They allege you were driving
5:33
with a suspended license. Driving suspended is probably
5:37
our most common offense, some misdemeanor.
5:41
It's punishable by up to 90 days, 93 days in jail and a fine
5:45
of up to $500 carries 2 points on your driver's license and it
5:51
requires that your license be suspended.
5:53
The White Pigeon Village attorney, Mr. Seth Coaches, says
5:57
take a look at this. He sent me an e-mail and said he
6:00
would reduce this charge. He would dismiss the charge of
6:03
driving suspended if you enter a plea to no valid operator's
6:08
license shows here that your license is revolved.
6:13
It would save you money and it would not require a further
6:17
suspension of your license. No operator's license is a
6:21
misdemeanor. It's punishable by after 90 days
6:23
in jail, fine of up to $100, and it carries 2 points.
6:29
Regarding the traffic case, are you willing to plead to the
6:32
lesser charge of no operator's license?
6:35
Would you OK anybody threaten you to get you to do that?
6:38
No. I'm sorry.
6:41
No. You understand that you're
6:42
giving up your rights to have a trial on this matter by entering
6:48
this plea, yes. So just May 1st wasn't very long
6:52
ago. Where were you going?
6:53
I? Was helping friend.
6:56
And we're going to have dinner and getting vehicle parts.
7:01
Whose car were you driving? My girlfriends.
7:05
All right, Well, she could get in trouble for letting you drive
7:08
her car. And since it's been.
7:11
Excuse me? Everything's been since taken
7:15
off the vehicle. All right.
7:19
All right. Well, that one carries $100
7:21
fine, $75 crime victims rights fee, and a $50 state minimum
7:27
fee. That's $225.
7:30
Can you pay that today or do you need time to pay it?
7:32
No, I. Can take care of it all today.
7:34
Oh, very good. All right, That takes care of
7:38
the traffic case. 26295 SM is the and your license was revoked
7:49
at that time. All right, and you acknowledge
7:52
you gave up all the rights on your place of rights.
7:54
Let's look at your other case that may be a little different.
7:59
There's a formal complaint in this case that alleges that you
8:03
stole money along to Eric Boggs in the city of Three Rivers.
8:09
Less than $200 allegation is that you just took place at
8:15
Walmart. Eric Boggs was using the
8:18
checkout for his groceries. He brought the groceries to his
8:21
truck. He left $40 cash money at the
8:25
self checkout. Let's see, I wasn't very smart
8:29
and they went back there and it's $40 were gone and then they
8:33
used the video to identify you as a guy that took his $40.
8:39
I'm not sure if that's staffed or found money.
8:42
Anyway, that's the allegation. Have you discussed this at all
8:46
with him, Mr. Stickley? This part.
8:48
This one. I have not, Your Honor.
8:49
All right. What do you wish to do on this
8:51
one? Not guilty.
8:53
Not guilty. All right, I'm going to show a
8:55
plea. I'm not guilty.
8:56
In that case, Your Honor, we could probably just set up for a
8:59
regular pretrial. I think so.
9:01
Maybe the prosecutor will take a return of money or something.
9:05
Yeah, set a pretrial. Are you missing work right now?
9:09
No, I I work at Amazon. For Amazon.
9:13
So I work Wednesdays through Saturdays for 10 hours, and then
9:17
I have Mondays and Tuesdays off. All right, we'll sell this for
9:20
Tuesday. That'd be wonderful.
9:22
Thank you. June 9th.
9:24
June 2nd. I've told a story before.
9:28
My son Colin had a wallet. It was a turtle wallet and we
9:34
were at Walmart in Sturgis for some reason and he set his
9:40
wallet down for a kid, had quite a bit of money in it, about $54.
9:45
And he went over to some machine to play a game or do something
9:50
and he set his wallet down and I've gone through the turnstile
9:53
and I couldn't get back around. By the time I got through the
9:57
other side, someone stole his turtle wall of all his money.
10:01
I hope that person feels. Bad about it.
10:04
Because we were bad and he was sad.
10:09
It's about 10:00 Tuesday, June. 2nd 2O2.
10:15
You might. Bring $40.
10:17
OK, perhaps the prosecutor will dismiss it if you can pay
10:21
restitution fees. For.
10:23
Box so I'll see you in two weeks, June 2nd.
10:27
You can go out to the counter and pay your.
10:30
Now let me. Look here, let me make sure you
10:32
don't have so many things going on.
10:34
Here. I don't see that you owe any
10:38
money, so that's a good thing. You go out to the counter and
10:42
you can pay the traffic fine and we'll do a pre trial on the
10:46
other case. Ross here all.
10:51
Right, Good morning once again everybody.
10:52
It's Tuesday here at TCF Live. Nice to have you all here this
10:57
morning. I hope your Tuesday is not
10:58
Mondaying you. So far mine's pretty OK, except
11:02
for that sad, sad thing that we had to talk about during the pre
11:06
show. But that's OK, we got through
11:08
it. Let's go.
11:11
Lake County, Ohio Check in with Judge F Word.
11:15
Based understanding at this time.
11:16
Thank you. Ratika.
11:20
Good morning, Your Honor. I've discussed this matter with
11:22
Miss Hupp. I believe that knowing
11:24
volunteer, intelligent guilty plea will be forthcoming.
11:32
How old are you? I'm. 31.
11:34
How far did you go through school?
11:37
11th, 11th grade. Are you AUS citizen?
11:40
Yes, your honor. Are you able to read, write and
11:42
understand the English language? Yes, your Honor.
11:45
Prior to coming to court, have you taken any drugs or alcohol
11:48
or any prescription medication in the last 48 hours?
11:52
No, you're honor. Have you ever been diagnosed
11:54
with or treated for any mental illness?
11:56
No, you're honor. Did you get a copy of the
11:58
indictment? Yes, your Honor, do.
11:59
You have any questions about it? It's your intention to plead
12:04
guilty to all the charges in the indictment.
12:06
Yes, your Honor. Before I accept your guilty
12:08
plea, I need to determine that you know and understand the
12:11
constitutional rights you'll be waiving, the consequences of
12:14
your guilty plea, and the maximum penalty I could give
12:17
you. And I need to be satisfied that
12:19
you're guilty pleas being made freely, knowingly and
12:21
voluntarily. I'm going to ask you questions.
12:24
If you don't understand a question, stop me.
12:25
If you want to talk to Mr. Fatika some more, let me know
12:29
and I'll give you more time. You understand that?
12:31
Yes, you're on. You have a constitutional right
12:34
to have a trial either to me or to a jury of 12 Lake County
12:37
citizens. Do you understand that right?
12:39
Yes, you are. Are you waving that right?
12:41
Yes, you. Are if you go to a jury trial,
12:43
all 12 members must agree to a guilty verdict before you could
12:46
be found guilty. Do you understand that right?
12:48
Yes, you are. Are you waving that right?
12:50
Yes, you are. If you go to trial, the
12:51
prosecutor will call witnesses to testify against you.
12:54
Do you understand the prosecutor must prove you guilty?
12:57
Be under reasonable doubt at a trial.
12:59
Yes, your. Honor, after the witnesses are
13:02
done testifying for the prosecutor, you have the
13:04
constitutional right to have your lawyer cross examine the
13:06
witnesses. You understand that, right?
13:08
Yes, Your Honor. Are you waving that right?
13:10
Yes, Your Honor, If you go to trial, you have the right to
13:12
have witnesses come here and testify for you.
13:14
Do you understand that right? Yes, your.
13:16
Honor, are you waving that right?
13:17
Yes. Your Honor, those witnesses
13:19
refused to come to court. I'll issue an order called a
13:21
subpoena to make them testify. Do you understand that, right?
13:24
Yes. You Are you waiving that right?
13:25
Yes, You have the right to testify a trial if you want to.
13:28
Do you understand that right? Are you waving that right?
13:33
You have the constitutional right to not testify a trial if
13:36
you do not want to. Do you understand that right?
13:39
Are you waving that right? If you decide not to testify a
13:42
trial, nobody is permitted to comment on that decision.
13:45
Do you understand that? If you go to trial and you're
13:48
found guilty of the right to appeal the guilty finding, do
13:51
you understand that right? Are you waiving that right?
13:54
If you file an appeal, you have the constitutional right to have
13:56
a lawyer represent you in the appeal.
13:58
Do you understand that right? Are you waiving that right?
14:02
If you could not afford to hire a lawyer, one would be provided
14:04
at no cost to you. Do you understand that if you
14:08
file an appeal, you're entitled to have a transcript of all the
14:10
hearings in this case? Do you understand that?
14:12
Right? Yes, you're on it.
14:13
Are you waiving that right? Yes, you're on it.
14:14
If you could not afford a copy of those transcripts, they'd be
14:17
given to you at no cost. You understand that?
14:19
Yes. You're on.
14:20
If you plead guilty today, you will not have the right to
14:22
appeal the guilty finding. Do you understand that?
14:24
Yes, you're on it. Do you have any questions about
14:26
any of these rights? I do.
14:27
Not you're on it. Do you still want to plead
14:29
guilty to these charges? Yes, you're on it.
14:31
Do you understand by pleading guilty, you're guilty to the
14:34
charges? Yes, you're on it.
14:36
You understand by pleading guilty to the felonies, you're
14:38
voluntarily giving up your freedom for whatever period of
14:42
time I could sent you to prison, to jail or to community control,
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Yes. You are.
14:47
Counts both. Counts one and count 2 are
14:50
aggravated possession of drugs. Both are felonies of the 5th
14:55
degree. Individually.
14:56
The age carry a 12 month maximum prison sentence and a $2500
15:00
maximum fine. Do you understand that?
15:02
Yes, you are. Count 3.
15:04
Possessing drug abuse instruments is a misdemeanor of
15:07
the second degree. It carries with it a maximum
15:10
jail sentence of 90 days and a maximum fine of $750.
15:15
Do you understand that? If you plead guilty to the 4th
15:19
specifications in each of these counts, and you're voluntarily
15:23
giving up the items listed in each count, do you understand
15:26
that? Yes, your Honor.
15:29
Now, I could give you a consecutive sentence.
15:31
That means one sentence after another for the separate
15:34
offenses. If I did that, you face a
15:36
maximum prison term of 24 months and a maximum fine of 5750.
15:43
Do you understand that? Yes, your Honor.
15:46
Any questions about the penalties?
15:48
No. Your Honor, are you presently on
15:50
post release control to the parole authority?
15:53
Do you understand your guilty plea may result in a driver's
15:56
license suspension of between six months and five years?
15:59
Yes. Your.
16:00
Honor, you understand your felony conviction will prevent
16:02
you from owning or possessing a firearm.
16:04
Yes, your Honor. Do you understand if a prison
16:07
sentence is imposed in this case, you might have to serve a
16:10
period of post release control for up to two years under the
16:12
parole authority, yes. Your Honor.
16:14
If you are placed on post release control and violate any
16:16
conditions of parole, authority could send you back to prison
16:19
for up to nine months for each violation up to 1/2 of my
16:23
sentence. Do you understand that?
16:25
Do you understand if you're if your violation of post release
16:29
control is a new felony, you could get an additional
16:31
consecutive prison sentence for the violation that would have
16:35
happened. The maximum prison sentence for
16:37
that violation would be the greater of 12 months of the time
16:39
left under post release control. Do you understand that?
16:43
Do you understand that if a prison term is imposed, you are
16:45
eligible for judicial release? I could place you on community
16:50
control for up to five years, but if you violate the
16:52
conditions, I could send you to prison for 24 months.
16:55
Do you understand that? Has anybody promised you that I
16:59
would be lenient on you just because you're pleading guilty?
17:02
Has anybody promised you what I will sentence you to in this
17:04
case? Do you understand I do not have
17:06
to follow the sentencing recommendation of either the
17:09
prosecutor or your lawyer? Have you had enough time to talk
17:12
to Mr. Fatika before pleading guilty today?
17:15
Yes, Your Honor. Has he discussed everything
17:17
about your case and answered all of your questions?
17:20
Yes, your Honor. Are you satisfied with the
17:21
advice he has given? You.
17:22
Yes, Your Honor. Have you been threatened or
17:24
coerced in any way to plead guilty today?
17:26
No, Your Honor. Are you freely, knowingly and
17:28
voluntarily entering your guilty plea?
17:30
Yes. Your Honor, do.
17:31
You have any questions? No, Your Honor.
17:34
Right miss cuts if the case went to trial with the evidence show.
17:38
Thank you, your Honor. Had this matter proceeded, your
17:40
child estate would have proven beyond a reasonable doubt that
17:42
on January 16th of 2025, shortly after 1:30 PM, Lake County
17:47
Sheriff's Office Deputy observed a vehicle conducted a traffic
17:51
stop on that vehicle at the intersection of Airport Nursery
17:55
Road and Blaise Nemeth Rd. in Paintsville Township, Lake
17:57
County, Ohio. There were two individuals in
17:59
the vehicle, the driver being a male, James Humberson and the
18:02
front seat passenger being a female Tanya Hough, the
18:05
defendant. The driver was found to have a
18:09
misdemeanor warrant for Mentor Police Department, so he was
18:12
taken into custody. The.
18:14
Defendant did had a suspended license so was unable to take
18:18
the vehicle. During an inventory search of
18:20
the vehicle, multiple items were found to include in the front
18:23
passenger side seat a black wallet with a syringe with a
18:27
clear substance, as well as the pouch on the back of the front
18:30
passenger seat has a syringe with a dark brown substance.
18:34
Both items were sent, Both syringes were sent to the Lake
18:37
County Crime lab. They both contain
18:38
methamphetamine, a Schedule 2 controlled substance.
18:41
Each was swabbed and a comparison was made to the
18:43
defendant's DNA. Her DNA was found to be
18:46
consistent on both of those syringes.
18:49
All of this occurring in Lake County, Ohio, and that would
18:51
have been the state's evidence. Thank you, Mr. Fatika.
18:55
Anything to add to those facts? No, thank you, Your Honor.
18:58
Miss Hub, did you hear what Miss Cuts said?
19:00
The facts would show if the case went to trial.
19:03
Yes, your. Honor, are those facts true?
19:05
Yes, your Honor. What is your plea to count 1,
19:07
Aggravated Possession of drugs, a felony 5, Guilty of Your
19:11
Honor. What is your plea to count 2,
19:14
Aggravated Possession of drugs and Felony 5?
19:16
Guilty of your honor. What is your plea to count?
19:18
3 Possessing drug abuse instruments, a misdemeanor. 2
19:21
Guilty. Of your.
19:22
Honor. And what is your plea to each of
19:24
the three forfeiture specifications on these counts?
19:27
Guilty of Your Honor, Matika. OK, this is your secret.
19:39
No changes. Oh, sorry.
20:29
Sorry about that. No problem.
20:44
Miss Huff. Is this your signature on the
20:46
written plea of guilty? Yes, your Honor.
20:48
Did you sign it voluntarily? Yes, your Honor.
20:50
Do you want me to accept your written plea of guilty?
20:52
Please, Your Honor. Accept the written plea Guilty
20:55
Defendless President. Mr. Fatika advise of all of her
20:57
rights and no intelligent voluntary waiver.
21:01
She understands the nature of the charge, the consequence of a
21:03
guilty plea in the maximum penalty if I have to be no
21:05
intelligent voluntary and will accept her plea of guilty and
21:09
find her guilty of Count 1, Aggravated possession of drugs,
21:12
a felony 5. Count 2, Aggravated possession
21:15
of drugs, a felony 5. Count 3, Possession drug abuse
21:19
instruments, a misdemeanor 2 and each of the four of true
21:22
specifications. I'll refer this for a pre sense
21:24
report and a drug and alcohol evaluation.
21:29
The sentencing will be June 24 at 1:30 PM.
21:33
The bond is revoked. Anything else miss cuts?
21:36
No, thank you, Your Honor. Mr. Fatika?
21:39
No, thank you, Your Honor. All right.
21:44
Greetings and salutations once again, everybody.
21:46
TCF live on a Tuesday. It's nice to have you here.
21:51
Slower start in the courts this morning.
21:54
Some look like they're getting ready to get going here soon,
21:57
but not a whole lot going on at the moment.
21:59
But we do still have Judge Middleton, so we're going to go
22:02
back there for a little bit. Good morning, Sir George Henry
22:09
Markham. You got a ticket in White Pigeon
22:13
on May 1st? Must be.
22:16
There were a lot of tickets that day for driving with a suspended
22:20
license. You heard me talk about that.
22:23
We have a lot of these and in your case, let's take a look.
22:28
They allege that you were driving 131 and Dickinson Rd. in
22:33
the Village with a suspended license.
22:36
Right on Chevy. Driving suspended, as you heard
22:39
me say, is a misdemeanor. It's punishable by after 93 days
22:43
in jail or five $500. Your license is actually revolt
22:49
because of a lot of old baggage on here.
22:52
Despite that, the White Pigeon Village attorney is willing to
22:56
dismiss this charge. For a plea to allow another.
23:00
Violating motor vehicle? I'm not sure the county
23:02
prosecutor would have done that. But the white.
23:06
Pigeon Attorney is willing to dismiss the driving suspended
23:09
charge if you plead guilty to a charge called allowing another
23:13
to violate the Motor Vehicle Code.
23:15
That one carries no points, doesn't go on your driving
23:19
record, and won't affect your ability to keep or maintain your
23:22
license. It is a misdemeanor punishable
23:26
by up to 90 days in jail and a fine up to $100.
23:30
The normal fine is $100 + 100 $25 cost.
23:36
Are you willing to plead to that lesser charge of allowing
23:39
another to violate the Motor Vehicle code?
23:41
Yes, that's a pretty generous offer.
23:44
As I said, I'm not sure the county would do it.
23:46
You've got a lot of baggage on there.
23:50
You know you're not supposed to be driving, but like pigeons
23:53
willing to do that. And again, you don't seem to
23:58
have any unpaid fines or costs. How are you doing with your
24:01
pretrials, Mr. George? We had one.
24:04
We had one that was marked in custody, but.
24:05
Apparently. It's not a custody.
24:07
OK. Where were you going?
24:11
I was going home. I just left.
24:13
McDonald's got something. McDonald's got something to eat,
24:15
was headed home. And your license was suspended
24:18
at that time. Resolved.
24:21
I joke about this periodically. I was going to do a study about
24:24
how many people are coming from McDonald's when they get either
24:27
a ticket or a we get a lot of drunk driving arrests at night
24:31
when people are going to McDonald's.
24:34
They should have just stayed home.
24:35
But you just live outside of town a little bit and that is
24:40
the nearest McDonald's. You live out in the purgatory
24:45
area. Yes, Sir.
24:47
All right, so Peter put nice labels on all those drawers down
24:54
there, which makes my life much easier.
24:57
Whose car were you driving? My.
24:58
Step Sons. Same thing, they can get in
25:01
trouble for letting you drive a car, which is the essence of
25:04
this charge, allowing another to violate the motor vehicle code.
25:08
In this case, you're allowing yourself to do it, but your son
25:12
could actually have gotten the same ticket your stepson for
25:15
letting you use his car. Anyway, I'm just going to do the
25:19
same thing I do with the last guy, $100 fine, $125.00 in cost,
25:25
a total of 225. Can you pay that today or any
25:28
time? I can pay by Friday.
25:30
I'll. Give you 30 days, I'll make a
25:32
due by June 20th. You can pay with a credit card.
25:36
You can come in here and pay with green cash.
25:39
Can mail in a certified check or money order.
25:42
When I was 16, I got a ticket for driving up my license in my
25:48
possession. I'd gone swimming or something
25:51
with my, at that time, my old girlfriend that I knew in high
25:54
school, and she put my wallet in her purse and she went on
25:59
vacation and she drove to New York for the family with my
26:02
wallet. So I got stopped, I didn't have
26:06
my driver's license, and I came in here and paid a ticket right
26:11
there. That window in 1972 when the
26:17
district courts there's so you can pay your ticket at the same
26:21
place. I hate mine.
26:22
I believe it was $35 which is a lot of money for a 16 year old
26:27
kid with a part time job, $225 by June 20th.
26:34
So on the inside there's instructions on pay it OK you
26:39
can't drive. You got lots of bad.
26:42
I don't. Mind around that here's the
26:46
envelope you can use I lost the Baylor come here and get this.
26:50
You can use this you're. Welcome.
26:55
And then are you free to go? All right.
27:01
Michael Mercer. Good morning, Sir.
27:13
Better wastebask. I just throw stuff on the floor
27:16
here. So far, we haven't had any
27:20
interpreter cases. They really slow us down.
27:23
Takes three times long to do a case to a translator.
27:29
Slow enough as it is. All right, You're Michael Robert
27:33
Mercer. I believe we've met in the past,
27:37
but I'm Judge Middleton. I need to identify for the
27:39
record, allegation here is that you made an assault or assault
27:43
and battery upon Janet Mercer, your spouse.
27:47
They charged 2 counts of that. It's alleged to have occurred
27:52
May 8th in the village of Constantine.
27:55
Domestic violence is a misdemeanor.
27:57
It's punishable by up to 93 days in jail or fine of up to $500.
28:07
All right, Mr. Stickley, what's your thought on this one?
28:10
I would highly recommend the interrupt the of not guilty and
28:14
we can get him appointed an attorney.
28:16
The public defender is recommending that you plead not
28:18
guilty and I get a lawyer to help you with this.
28:21
Is that acceptable to you? Yes, Sir.
28:24
Now, according to this, you slap your wife quite frequently by
28:29
this. That's what the allegation is,
28:31
according to her family. And to her.
28:34
And they also be some cognitive things going on.
28:38
Now there's a no contact provision.
28:40
So are you out of the house? Yes, Sir.
28:42
Where are you staying? With my daughter.
28:45
What town is that in? It's outside of Three Rivers.
28:50
That's you. Yes.
28:51
All right. You're not guilty.
28:55
Appoint an attorney. It's probably too late.
28:59
I don't know which Judge PM stole my calendar.
29:03
Or could you bring me one of the county calendars?
29:06
I had one in here and got lost. I think we can still set this
29:12
with. You that.
29:13
Those Fridays have become so busy.
29:17
All right, I'm going to send you out to the office.
29:20
That. They're going to appoint a
29:21
lawyer. For you and I.
29:23
Want you to call your lawyer and make an appointment to discuss
29:26
this matter with them. I didn't see that you owed any
29:30
money. Let me look at something here.
29:32
But it right now when you're out of your house who owns the
29:36
house? We both do.
29:38
All right so that's we're married.
29:40
How long you been married? 40 years.
29:42
All right so yeah, there's a lot going on here.
29:47
Are you getting any medical treatment?
29:49
No, just for you're not. I'd want to pressure.
29:54
Well, there's, as you know, more than one Mike Mercer and got a
30:01
little baggage, but not much. I haven't seen you since I was
30:05
prosecutor 20 years ago. But you go out to the counter,
30:12
we'll get an attorney to help you with this, and I'll see you
30:17
on June 5th at 8:30. So you go to court, Officer, Is
30:24
he at the jail? Alrighty friends, that was
30:27
defendant Mercer. Let's go to Florida and see
30:31
what's going on with Judge Mercer.
30:33
Miss Hayes, you're here because you've been accused of one kind
30:36
of battery and one kind of petty theft.
30:38
Ma'am, there is probable cause in the complaint for these two
30:41
charges. I've also looked at your
30:43
criminal history, Miss Hayes, which I see AI wouldn't say a
30:47
long criminal history, but it's kind of a mediocre criminal
30:50
history. It's certainly not several prior
30:53
arrests, it appears, but I think you're entitled to a bond as far
30:57
as I can tell. Miss Hayes, please listen to Mr.
30:59
McDaniel and Mr. Mitchell. Then I'll address your bond or
31:01
your release status. Mr. McDaniel, Anything on behalf
31:03
of Miss Hayes? Your honor, Miss Hayes is.
31:06
Disabled. We're just going to ask the
31:07
court for, you know, maybe a condition release.
31:09
This is a transient person. I think that's stay in a car
31:14
close to her house there with a dog and you know, she obviously
31:18
can stay away from the person since the person don't even live
31:20
in the neighborhood. So we just asked for maybe a
31:23
conditional release. Let me take a look at 1:00.
31:27
That's two, that's AVOP. That's 2 arrests, 3 arrests,
31:33
4006. I'm trying to see what we're
31:37
getting something more recent. So, Mr. Mitchell, you're looking
31:40
at about at least not half dozen, probably closer to 10
31:44
arrests, but in her favor, the last arrest would have been
31:52
2005, according to this rap sheet I've got.
31:56
So 20 years ago is the last time she's been in trouble.
31:59
Miss Hayes, has it been about 20 years or at least 20 years since
32:01
you've been in trouble, ma'am? Yes, Sir.
32:04
OK. That's that's helpful, Mr.
32:05
Mitchell. Nothing from the state.
32:09
What's your position on the request for conditional release?
32:13
No objection given what you've just told me.
32:15
Miss, Miss, Miss Hayes, this is one of those cases.
32:18
I had written down a tentative bond, but Mr. McDaniels kind of
32:23
give me some additional information or maybe look closer
32:25
at the criminal history. So what I'm going to do is I'm
32:27
going to let you pick between a bond and a conditional release.
32:29
Ma'am, if you want to post the bond, the bond is $2500 per
32:33
account. Some people prefer a bond.
32:35
I am going to offer you a conditional release because you
32:37
haven't been in trouble in so long.
32:38
Either way, you have a condition of no contact, the alleged
32:41
victim, Miss Hayes. Do you have any questions,
32:44
ma'am, about the choice between bond and conditional release?
32:47
No, Sir, And. Which one do you want to choose?
32:50
The conditional release. So let me talk to your daughter
32:53
then. So, ma'am, what that means is
32:54
that the jail will let her get dressed in regular clothes.
32:56
They'll bring her to the courthouse because that's where
32:58
the conditional lease office is at.
33:00
She'll meet with a conditional lease officer downstairs and
33:02
she'll be she'll be free to leave after that.
33:04
Once they go over everything with her and give her a chance
33:06
to ask questions. That process takes 10 minutes
33:09
maybe. And the conditional lease office
33:12
is inside the county judge's office down here on the east
33:14
side of the courthouse. Are you going to be able to pick
33:16
her up? Your daughter says she's got
33:18
your transportation coverage. She'll be here to pick you up,
33:20
ma'am. Use.
33:21
That's 30 to 45 minutes from now is when they'll have her here.
33:24
OK. Your daughter says she'll be
33:26
here to pick you up. Miss Hayes, do you have any
33:27
questions? No, thank you.
33:30
Yes, ma'am. We're also going to give you a
33:31
notice for your court date, which would be.
33:33
Still in the cut off in the 1st. June 1st, June 1st at 9:00 AM
33:38
will be your court date, Miss Hayes.
33:39
You'll get that notice, ma'am, and they'll give you a copy of
33:42
that in writing, OK? OK.
33:45
Have a good day. When's that cut off?
33:48
Is it Friday? Next Monday.
33:51
Thank you. We have Jessica Rutherford.
33:58
Miss Rutherford. Good morning.
33:59
Miss Rutherford. You're here for first
34:01
appearance. Accused of 1 count of domestic
34:02
battery. Ma'am, there is probable cause
34:04
in the complaint. Miss Rutherford, the criminal
34:07
history I've got shows no prior history.
34:09
So it appears that you've never been arrested or charged with a
34:11
crime anywhere. Is that accurate?
34:13
That I'm aware of? Yes, Sir.
34:15
Well, you would be aware if you've been arrested or charged
34:17
with a crime. Most likely.
34:18
Have you ever been arrested anywhere?
34:20
No, Sir, I don't see any. I don't see anything.
34:22
OK. The problem is the living
34:25
situation. So I'm going to put a condition
34:26
of no contact between you and the alleged victim, Miss Neal.
34:31
So the complaint says you reside together.
34:33
Is that accurate? Yes, Sir.
34:36
So do you have somewhere else you can live on a temporary
34:38
basis other than where Miss Steele lives?
34:40
No, no, they have a, you know, the piece of property there is
34:43
about a little over 2 acres and there's two houses on the
34:46
property divided by trees and probably about 100 yards of
34:51
trees and stuff. And she's advised me that she
34:54
could she'll live on the other home there on the property if.
34:59
Ports. Maybe, Miss Rutherford, let me
35:01
thank you. Mr. McDaniel.
35:02
Miss Rutherford, let me ask you a couple of questions about
35:04
that. Those are always difficult
35:05
situations. Do they have a common driveway?
35:08
Yes, Sir. Do both homes have electricity?
35:12
They both have their own separate.
35:13
Yes, they have separate driveways.
35:16
Separate. Driveways and both.
35:18
Separate power, electricity and water.
35:20
So before yesterday, you both lived in one of the home.
35:23
Who lived in the other home? Nobody.
35:26
I hadn't rented it out, Sir. Who owns the properties?
35:29
I own the properties. You own both homes.
35:32
Yes, Sir. And you and she lived in one and
35:34
the other one's just vacant? Yes, Sir.
35:36
OK. Mr. Mr. Mitchell, any questions
35:40
about that living situation or any any input?
35:43
Not at this time, Your Honor. So Miss Miss Rutherford, you
35:48
need to understand no contact means no contact.
35:50
And, and that's what's going to be in place, at least for now.
35:53
Now that may be modified in the future at some point.
35:55
For now, you need to assume it's going to last.
35:57
So no contact means you can't talk to her.
35:59
You can't, you can't text her, you can't communicate with her.
36:01
You can't do it electronically on the telephone, no contact at
36:04
all. And you need to understand it.
36:06
If you violate that and there's credible evidence you violated
36:08
that, then you can go to jail with no bond and just be there.
36:12
You can be there for for weeks, possibly even months.
36:16
So you've got to take the no contact seriously.
36:17
So before I give you a conditional release with and let
36:20
you go back on that property, I need to make sure you understand
36:22
that is there going to be any problem you sent away from each
36:25
other even if you're on that that same property?
36:29
No, Sir. OK, So what I'm going to do is
36:31
let you pick between the bond and the conditional release.
36:33
Your bond will be $2500 cash or surety.
36:35
I am going to offer you a conditional release because of
36:37
your lack of criminal history. But you got a condition of no
36:39
contact with her or that home. You cannot go down that
36:42
driveway. You cannot go in the area of
36:45
that home. How far apart of the two homes?
36:47
I looked at it, it's probably about 300 to 500 yards feet
36:50
apart, probably about, you know, it's tree drawing between.
36:54
You cannot go within 100 feet of that home.
36:56
The only exception to that is contacting law enforcement and
37:00
going with them to get your clothing out of there one time.
37:03
They'll do that for you. One time to get clothing and
37:05
medicine, stuff like that. Other than that, you can't go in
37:08
that home at all. Now, if it gets modified in the
37:10
future, possibly at your court date, we'll talk about that.
37:12
If she wants contact and if you want contact or for the time
37:16
being, no contact at all. You understand your choice
37:19
between bond and release? Yes, Sir.
37:22
Go with the conditional release, please.
37:24
OK, So someone just can't. Sir, are you here for a first
37:26
appearance case? Can we tell what case?
37:27
Is it? This case or a different one?
37:30
OK, so we had a gentleman coming to court and I want to make sure
37:33
he wasn't here on your case. So what's going to happen, Miss
37:35
Rutherford? I'm going to grant you the
37:36
conditional release. Jail is going to let you use the
37:38
phone. They're going to let you get
37:39
dressed in your regular clothes. They're going to bring you to
37:41
the courthouse. When you get here, you'll meet
37:43
with a conditional lease officer.
37:45
The conditional lease officer will go over the lease with you
37:47
and you'll be free to leave. You'll be given a notice for
37:49
your court date, which should be June 1st.
37:51
Is that right? June 1st at 9:00 AM of your
37:54
court date. And then remember that
37:55
condition. No contact, at least for the
37:57
time being. Miss Rutherford, do you have any
38:00
questions? Hello, Sir.
38:01
Wish the best, ma'am. You'll use the phone shortly for
38:03
transportation purposes. So if you tell me what case
38:06
you're here on, I'll call it next.
38:09
We have an Hispanic case, Your Honor.
38:13
Yeah, we have Mr. Ricardo. We have Esau Rojas Lopez, and I
38:18
want to tell him who's here. If you want him to know that
38:20
you're here, do you want him to know that you're OK?
38:21
So Mr. Ricardo, good morning. If you introduce yourself to Mr.
38:24
Rojas Lopez and make sure he can see and hear you.
38:27
Very well, Your Honor. Good morning, Senor Rojas Lopez,
38:30
minombre Jordani Ricardo interpreter para ques E pueda
38:33
comunicarco El. He can hear me and see me, Your
38:38
Honor. All right.
38:39
Good morning, Mr. Rojas. Mr. Scurlock is here on your
38:41
behalf. Buenos Dias, senior Rojas El
38:44
senor Scurlock Estaki, if I were to sue you.
38:46
You're here because you've been accused of one kind of driver.
38:50
With no valid driver's license. You also have a detainer placed
38:57
on you from the United States Immigration Service.
39:00
Tambien tien una ordende reten cion de parte del servicio de
39:03
migration Estados Unidos. I have read the complaint.
39:06
There is probable cause for the charge.
39:08
Leila de nuncia EI Cosa probable par El cargo.
39:12
I've also looked at your criminal history, which shows no
39:14
prior criminal history. Tambien re besse SU sante
39:17
sedente finales que muestra que no DNA and de sedente finales.
39:20
So I'm appointing Mr. Mcdaniel's office to represent you.
39:22
Please listen to your attorney. Senor McDaniel Paraquilo
39:27
Represente, I spoke. To Mr. Lopez, he's gonna have no
39:32
contest to the charge as listed. Senoria Senor Lopez.
39:41
Since 2 days in the county jail. Credit for two days.
39:44
De la condenarados Dias en la carcel del condado con credito
39:47
for those Dias you. Have $400.00 fine which would be
39:50
a civil judgment he does not have to pay.
39:53
Waiters write to a jury. Trial and call witnesses.
40:04
Any plea can be used against him in the immigration court.
40:07
En tiende que cuera cuerdo nun caso penal SE puedo saren SU
40:11
Contra en El tribunal de migration.
40:13
He understands that there's an ice hole for him immigration and
40:16
they'll pick him up. Within 48 hours.
40:25
To resolve this case. Today.
40:30
Mr. McDaniel, I heard just a part of something about the
40:32
fine. What did you, what did you say
40:33
about the fine? Did it be a civil judgment?
40:37
Because he was asking me about how to pay it and all.
40:39
I'm trying to let him know that it's a civil judgment.
40:41
He doesn't need to pay it it. Go against its credit rate.
40:59
Mr. Rojas Lopez, I'm sure Mr. McDaniel told you that your your
41:02
driver's license rights in Florida may be suspended also if
41:05
you don't pay it. Is in your Rojas Lopez tambien
41:08
tester ESO bogado senor McDaniel ledigo que su de recho A
41:11
conduciro de la Florida tambien SE le pudiera suspended ES Cano
41:16
pada. Mr. Mitchell, is that all
41:18
agreeable with the state? It is your honor.
41:20
Senior Mitchell Estadia Cuerdo Estado Lu Estadio Senoria.
41:23
Mr. Rojas, did you hear that? Mister Rojas?
41:25
Did you hear that agreement? Senior Rojas ES cuchuste de la
41:28
cuerdo Yes. Do you have any questions about
41:32
that agreement? Tien alguna pregunta cerca de la
41:34
cuerdo no no. Is that the plea you would like
41:38
to enter? SSE El la cuerdo que de
41:43
southeast acetar to pay if yes. That is what you want to do,
41:51
correct? Este SE la cuerdo que de
41:53
southeast a septar correcto, Yes.
41:58
Mr. Rojas Lopez, I'm going to accept your plea of no contest
42:01
to the charge of drive with no valid driver's license.
42:03
Senor Rojas Lopez acceptos de Clara cione de nomio pongo and
42:07
del cargo de manicars in licencia de conducir valida I'm.
42:10
Going to withhold adjudication of guilt and sentence you to two
42:12
days in jail with two days credit.
42:20
I'm imposing the core costs and fines in the amount of 400.
42:27
If those core calls and fines aren't paid within 60 days,
42:30
they'll become a civil judgment against you.
42:32
Sinopa gaisas multa sicostas en en plazo de sesenta Diaz second
42:36
verdirian en en fayo civilians SU condra.
42:39
Immigration, I will be notified this morning to pick you up and
42:42
under the agreement with the state, they have 48 hours to
42:44
pick you up. And amigracionce le notifi Cara
42:48
esta manana para que do. You have any questions?
42:55
No, no. Mr. Scarlock, any questions?
43:01
So what's this mean that he he don't have no bond or he pay
43:05
$400.00 or what? Won't you come on up?
43:08
I want to make sure he, I want to make sure he can hear you.
43:10
Come on up. And I want you to speak in short
43:12
fragments so the translator, so the interpreter can make sure he
43:15
understands what you're saying. How's his English?
43:17
I'm you're and his employer I'm assuming.
43:19
What? No, no, I just know it and.
43:22
Just speak in short sentences and then stop and we'll get a
43:25
translator. Mr. Ricardo will translate.
43:27
For what does this mean this that he will be he can get out
43:31
on bond or he has to stay in? What it?
43:39
Means is he had resolved his state charges.
43:41
You still with this case here? He.
43:48
Has a $400.00 fine that will go to a collection agency if he
43:51
doesn't pay. Tienena multa de cuadros cientos
43:54
dolares que sedras la Dara A auna hencia de coleciones siesta
43:58
no paga. And he it it also will cause a
44:02
permanent cause a a hold on a Florida driver's license if it's
44:05
not paid, correct? ETA bien si no paga SE ler ET
44:09
Andreas SU possibilidades a car licencia de conducira.
44:12
The United States Immigration Service has 48 hours from when
44:16
they're notified to pick him up. OK.
44:23
When? They pick him up, he'll be taken
44:26
to an immigration facility and go through that process.
44:30
And an. Immigration judge will be the
44:38
one to eventually decide if he's deported or not.
44:43
Lately, they've been. Every case they put the detainer
44:49
on for months they've been picking up within the 48 hours.
44:53
But if for some reason. They don't pick him up within 48
45:03
hours. He's entitled to be released.
45:05
Do you have any? Other questions?
45:15
He's in the process of immigration lawyer and they've
45:20
been contacted and I'm just here on his behalf just to to see if
45:26
that comes into court today or does he need just wait for
45:30
immigration to pick him up or? El tieno no bogado de migration
45:35
Enos comunicamos con El USTO aqui para pregunta reci ESO
45:40
entering cuego Y OCL tiene que cencia mente esperada que
45:44
migration lo recoro como. No, it has nothing to do with
45:48
today. OK, Because in a federal law you
45:54
have to get permission upon arrival into the country or
45:56
before coming, not try to get it after you get here.
45:59
I I understand. Or que bajola la federal IK
46:03
pedir permiso parentar en El Pais Andes entrado cuando Uno a
46:07
veniendo no despues may or. May not be.
46:10
It may or may not be important when it gets to immigration
46:13
court. Puede casea OK no southeast a
46:15
importante cuando cibola tribunal de immigration.
46:19
Any other questions? Thank you for coming, Jerry.
46:25
Yep, it's John McDaniel here. Hey.
46:28
John, how you doing? This is a long time employee
46:32
employer of mine when I was a kid growing up.
46:34
If you would give Jake. Your phone number, Jerry.
46:37
I'll give you a call a little bit later, OK?
46:39
OK, Jake, and I'll talk to you about it.
46:42
OK. Thank you.
46:43
You're welcome. Yeah, where he is.
46:46
Wait, you want me to give? He wants my phone number, she
46:49
wants it OK all. Right.
46:50
Just text me, text me Jerry's phone number, if you would.
46:52
OK. Mr. Rojas Lopez, do you have any
46:58
questions, Sir? Tenure, Rojas Lopez tienested
47:00
Alguna Pregunta. No, Sir, No Sir.
47:04
Have a good day, Sir. OK, then go Wendy.
47:08
We have Connie Mott next. And your Honor, may I be
47:11
excused? Yes, Sir.
47:13
Thank you, Mr. Ricardo. Thank you, Your honor.
47:17
I thought I saw Mr. Miller on there for a second.
47:19
He's here. Mr. Miller.
47:21
We'll call that case in just a second.
47:22
I have two short first appearances left.
47:24
Mr. Miller, if you're still there, Miss Mock, Good morning.
47:27
You're here for a violation of state probation, ma'am.
47:29
Ma'am, there's a warrant, a no bond warrant signed by the
47:31
Circuit Judge, Miss Mott. What I'm going to do this
47:34
morning is I'm going to arraign you, which means I want to
47:36
appoint your lawyer in this case if you would like to have one
47:38
appointed. Would you like to have an
47:39
attorney appointed represent you, ma'am?
47:41
Yes, Sir, I would. I'm.
47:42
Going to appoint the public office represent you, Miss Mott.
47:44
Listen to Mr. McDaniel, then I'll see if you have any
47:46
questions. If not guilty, yes, I said this
47:48
in June 4th court docket and advise there'll be an attorney
47:51
to come. Come talk to her part of that
47:53
hearing. Thank you, Mr. Mitchell.
47:55
Anything. Thank you.
47:57
So Miss Mott, June 4th will be your court date and you'll see
47:59
your attorney before that court date.
48:00
Any questions, ma'am? Yes, Sir.
48:02
No, not at all. Thank you kindly.
48:04
Yes, ma'am. Have a good day.
48:06
Yes, Sir. And lastly, on 1st appearance
48:08
list, lastly we have Patricia Butler.
48:12
Miss Butler. Good morning.
48:13
Miss Butler. You're hearing case number.
48:15
Actually, I don't have a case number.
48:16
You have a hold out of Holmes County?
48:19
Looks like we held you. A judge held you for seven days,
48:22
ma'am. See if Holmes County was going
48:24
to get a violation and probation warrant.
48:25
I have a document in front of me, ma'am, which is a no bond
48:29
violation and probation warrant signed by Judge Roberts.
48:32
So, ma'am, you do have a violation and probation warrant?
48:34
It does have no bond. I think you probably were
48:36
anticipating this. You've got your local charges in
48:39
addition to those. You have the no bond warrant out
48:41
of Holmes County. What you kind of were expecting,
48:43
Miss Butler, do you have any questions, ma'am?
48:44
No. Sir.
48:46
Miss Butler, I wish you the best, ma'am.
48:48
Thank you. And then we have Mr. Miller.
48:50
I apologize. Mr. Miller, I saw you flash up
48:52
there. I meant to call your case
48:53
earlier and I I didn't. That's OK.
48:55
So that case is state. State versus Jacob Hodges while
48:59
Mr. Hodges is coming up. Mr. McDaniel, anything else on
49:02
behalf of the Public Defenders Officer?
49:04
No, Your Honor. And from the jail?
49:07
Anything else, Officer Whitakers?
49:09
No, Sir, that's it. Mr. Mitchell, anything else you
49:12
need the jail. For nothing as it relates to 1st
49:14
appearances, Your Honor. All right.
49:15
Thank you all at the jail, and we'll see you tomorrow.
49:17
This is state of Florida versus Jacob Mitchell Hodges, case,
49:20
25483 CT Mr. Hodges is present. Mr. Duster Miller's his
49:26
attorney, Mr. Miller's appearing remotely, and Mr. Goodson's here
49:29
with the probation office. And Mr. Miller, I know a little
49:33
bit about this from talking to Mr. Goodson.
49:35
I think there's some completion, some progress or maybe finished
49:38
probation, really not sure. Mr. Miller, where do we stand,
49:40
Sir? Your Honor, I got to be honest
49:42
with you. I I found out this morning from
49:45
ASA Mitchell. That we had a hearing.
49:47
So that's why I'm not in a court appropriate shirt.
49:50
I, I don't think it's a hearing. I think he's completed some type
49:54
of program and we're just trying to get see see if he's stood
49:56
probation or not. So Mr. Goodson can probably fill
49:59
us all in. OK.
50:00
Yes, Sir. Thank you.
50:03
Mr. Hodges had anyways he got put on probation January 23rd
50:09
with several conditions for the charge of DUI.
50:13
One of those being of course to pay the court cost.
50:17
He did pay the court cost in full.
50:19
He was required to complete a 90 day inpatient treatment program
50:23
and also the aftercare portion of that program and provide
50:27
proof to the court. I do have A and Mr. Hodges is
50:31
here. I have a certificate of
50:34
completion for the program. So Mr. Hodges was required to
50:41
report to the program on the February 16th of 26, excuse me.
50:48
And he January 24th of he, I'm sorry, January 26th, he reported
50:53
to Twin Lakes Recovery Center. He stayed there until February
50:57
the 16th. February 16th he transitioned to
51:03
Carter Treatment Center in Alpharetta, GA and he was
51:08
completed both programs on May the 11th of 26.
51:12
A condition of his probation was possible termination after 90
51:15
days inpatient treatment if all conditions are met.
51:18
I did receive an e-mail from the coordinator, Hilary Boltress,
51:24
stating that Mister Hodges was required to work for at least
51:28
one hour a day. He was in the program over 90
51:31
days. So he complied with, according
51:34
to this e-mail, he participated, he volunteered an hour a day
51:37
cleaning, whatever they required him to do, he did that.
51:40
She said he was good help so he would have met the 50 hour
51:43
condition. Based upon this e-mail I
51:46
received from the coordinator, Cos was waived.
51:51
I guess the only thing he has not completed, and I talked to
51:54
Mr. Hodges about this on the 12th, was he was required to go
51:59
to a DUI school. He informed me that he was going
52:02
to try to get enrolled in DUI school.
52:05
I'm not sure if he did or not yet.
52:08
My understanding from Mr. Hodges is he's going to stay in
52:11
Alpharetta, GA. His daddy lives in Donalsonville
52:15
and he has two jobs. So everything's complied with
52:19
except the DUI school and I'm not, I'm not sure where we are
52:22
as far as that. I'll let Mr. Hodges address
52:24
that. Let me ask a question.
52:26
He he the offer was 90 days in jail.
52:29
Mr. Miller and Mr. Mitchell agreed and presented me an
52:33
alternative offer of probation with a condition he'd do at
52:36
least 90 days inpatient program. In inpatient plus aftercare.
52:41
Plus aftercare. But the the agreement wasn't
52:43
that he would. The only reason the probation
52:45
was there was just because it had to be probation done.
52:48
He wasn't. No one ever planned on him being
52:50
on probation once he complete the program, correct?
52:53
That's my understanding. I think that's correct.
52:55
That's my understanding too. OK.
52:56
So Mr. Miller, the only question I have then is has he done at
52:59
least 90 days in an inpatient program?
53:02
Are these inpatient programs we're talking about?
53:04
Yes, Sir. According to that letter right
53:06
there you have a letter from. OK, so he's done everything he's
53:10
supposed to do except the DUI school, which is a condition to
53:14
get his license back. Yes, Sir.
53:16
OK, Mr. Miller, that I think so we're just here I think just to
53:20
because the the plea had a condition to him.
53:22
Get proof, Mr. Miller, and that's what he's doing here
53:25
today. So, Mr. Miller, anything else
53:26
that you want to make sure I'm aware of?
53:28
No, Your Honor, Mr. Mitchell, No, Your Honor.
53:31
So basically we're just here to terminate his probation because
53:33
we added that solely to give make sure he completed the
53:36
program and now he's done that. Yes, Sir.
53:38
That's your understanding, Mr. Hodges.
53:39
Yes, Sir, Your Honor. So I'm not going to keep you on
53:41
probation when the whole reason the probation was there was just
53:45
to give some teeth to the to the if you didn't stay the 90 days,
53:49
which you did. So thank you for doing that.
53:51
So you've completed the sentence as far as I'm concerned.
53:53
You need to understand that you still may have to do the DUI
53:55
school to get your license back, but that's not gonna keep you on
53:58
probation. Yes.
53:59
Probation was added to make sure you stayed in the program.
54:02
What you did. Yes, Sir.
54:03
So unless there's an objection from the state, I'm gonna
54:05
terminate this supervision. No objection, Mr. Miller.
54:08
That's what you're wanting to do, correct?
54:09
It is Your Honor so. I'm gonna terminate your
54:11
supervision. You completed everything that
54:13
was asked of you. Mr. Hodges, you're through with
54:14
this case. You may have additional things
54:16
to state of Florida make sure you do to get the license back,
54:18
such as the UI school. But as far as probation goes,
54:20
you're no longer on probation. Do you have any questions?
54:23
No, Sir. And and I knew that I had to do
54:27
the DUI school. We can't do it while you're
54:30
there though. No, Sir.
54:31
But I can do it on Zoom in Georgia.
54:36
That's good for us to know that. So.
54:38
But that's they do those on Zoom now.
54:41
Well, I don't know the Florida, we have that option.
54:43
I understand Georgia does. OK, good.
54:45
Good for you. This is your father.
54:47
Yes, Sir. Sir, do you have any questions?
54:49
No, Sir. Any questions at all, Mr.
54:51
Hodges? No, Sir, But it, it was the best
54:53
decision I made in my life. Well, you know, I I was, I
54:57
remember the case. Yes, Sir.
54:58
I was pretty adamant that you needed jail time.
55:00
Mr. Miller did an excellent job of convincing first Mr.
55:03
Mitchell, and then they both convinced me to give you a shot
55:06
at this. So I'm glad I did.
55:07
I'm glad you went. I'm glad you completed it.
55:09
I remember maybe I need to go because he's muscle up now, but
55:13
I remember Mr. Hodges when he came here and got put on
55:15
probation it. Looks like a.
55:17
Totally, 100%, physically different person.
55:20
Yes, Sir. I got through it.
55:23
I got through the withdrawals and all that and it's the best
55:26
decision I ever made. I got the two jobs up there now.
55:29
Oh, good. And you live?
55:30
You're going to live where? It's actually, it's Alpharetta
55:32
was where the Carter Center was at.
55:34
I'm going to live in Dawsonville, GA.
55:36
Yeah. I think I got a speeding ticket,
55:37
Alpharetta one time on the way to law school.
55:38
I won't go through there no more.
55:41
But thank you very much, Mr. Hodges.
55:43
I wish you the best, but your probation is terminated.
55:45
Thank you, Your Honor. Thank you, Mr. Miller, for
55:47
appearing today. Thank you, your honor, and
55:49
congratulations, Mr. Hodges, Mr. Miller.
55:52
Too. Mr. Mitchell, anything else?
55:55
No, Your Honor. Don anything else?
55:57
All righty. Good morning once again,
55:59
everybody. It is now hour 2 of TCF Live.
56:01
Time just flies and flies and flies.
56:06
Okie, Dokie, Todd. I didn't thank you earlier for
56:09
gifting a membership. Apologies for that.
56:11
Thank you so much. I do appreciate that.
56:14
Let's. Oh, sidebar tonight, 8:00 PM
56:17
Eastern, 5:00 PM Pacific, right here on this channel episode.
56:20
What are we on 68 tonight? Yeah, 68, that's a lot of
56:26
episodes for a show. That was the idea of channel
56:31
members, not of me. That's the beauty of that show.
56:34
It is. It's what the community wanted.
56:36
So makes it very cool. So do join us right here
56:39
tonight, 8:00 PM Eastern, 5 Pacific.
56:41
Let's go, Michigan. Judge McNally.
56:47
You're saying Darrell, last name Brian, Where you been?
56:49
It was displaced. I end up losing my house
56:53
probably June of last year and I understand with my brother in
56:58
Ohio. What happened is I afforded my
57:00
address. Slow down, slow down to go ahead
57:03
and arraign you. You didn't show up on August the
57:06
28th, the 25th. This is the case assigned to
57:09
Judge Hessen. It was an operating well
57:11
impaired. She was awful kind to you too.
57:16
And your charge here now is that you failed to pay 100, I'm
57:21
sorry, $598.60, which I guess with the warrant fee now should
57:27
be $35 more. Is that right, Lisa?
57:32
The balance on the A case is 59860 and the B case is 296.
57:38
So you're charged with failure to pay 598 on the A case.
57:41
If I find you didn't pay and your failure to pay was not
57:43
without your fault, you could get 93 days with credit for one
57:47
day served on the other. I'm sorry, you said 296 on the
57:51
other. That's correct.
57:52
And you're charged with failure to pay $296 on the B file.
57:57
You can, you can be incarcerated one day for every $10 over on
58:00
that. So you could get 20, you could
58:03
get 30 days on that if you, you can satisfy that full by payment
58:07
full by serving the jail term or in part by payment and in part
58:10
by serving the jail term. Do you understand that?
58:13
Yes, I can. Did you sign an advice the
58:15
rights form today you're presumed innocent.
58:19
They have to prove you're guilty by a preponderance of the
58:21
evidence. You have the right to hearing at
58:26
that hearing. They have to prove you're guilty
58:28
by a preponderance of the evidence that is that you failed
58:30
to pay and your failure to pay was not without your fault.
58:33
And you, you have the right to remain silent at that hearing,
58:38
to bring in your own witnesses at that hearing, to use the
58:41
subpoena powers the court to bring in those witnesses.
58:44
If you plead guilty, you'll be giving up all those rights.
58:46
And we're not going to have a hearing.
58:47
Do you understand that? Yes, you have the right to a
58:49
lawyer. If you want one, I'll give you
58:51
1. Would you like a lawyer?
58:52
Yes, Sir. Can I ask a question?
58:55
It depends. If it's a question, you should
58:57
really talk about it with your lawyer.
58:59
So I'll give you a lawyer. He just come walking in here 10
59:02
months later. I mean, maybe other judges are
59:04
more understanding. I'm not one of them.
59:07
I understand. You.
59:08
That's one. Explain.
59:09
No, No. OK.
59:10
I don't want to hear it. Yes, Sir.
59:12
Nine months later. I guess I don't.
59:14
I don't get it. I don't understand it.
59:16
I never have, never will. It's so incredibly
59:19
disrespectful. You might as well bring in a
59:21
flag that says I have no respect for the greatest branch of
59:24
government, the greatest country in the world.
59:26
Go out and meet with your lawyer.
59:27
Come back in front of me. OK.
59:29
Ralston. Lawrence Wayne Ralston, 2632393
59:33
O seven. Yes, Sir.
59:35
Come on up here. It's been second.
59:38
I also have Kenneth Lee Ralston 26239310.
59:42
All right, come on up. All right, Sir, your name, I'm
59:49
Lawrence. And.
59:50
You got to tell me your full name, Lawrence and Wayne
59:53
Ralston. Your name?
59:54
Kenneth Lee Ralston. All right, so you guys are
59:56
charged with taking possession over the limit of walleye.
1:00:01
It's this Pike purge. You were 16 over limit.
1:00:06
According to them, this is a misdemeanor.
1:00:08
It is punishable by up to $100 fines, 90 days jail costs are
1:00:13
all those and there would be $160 in conservation fees,
1:00:19
$10.00 of fish on your case, Lawrence, and on yours, Kenneth,
1:00:24
it would be 17 fish or $170. Do you each of you understand
1:00:28
that, Sir? Do you understand that, Sir?
1:00:31
Did you sign, read and understand an advice or rights
1:00:34
form? Kenneth Ralston Yes, Sir.
1:00:36
All right. Did you?
1:00:38
Lawrence Ralston? Yes, Sir, I did.
1:00:41
All right. If you plead guilty, you'll be
1:00:42
giving up all the rights on that advice or rights.
1:00:45
And we're not going to have a hearing or a trial.
1:00:46
Do you understand that, Kenneth? Yes, Sir.
1:00:48
Ralph. I mean, Lawrence.
1:00:51
All right. Each of you have the right to a
1:00:53
lawyer. I'll be happy to provide you
1:00:56
with one at public expense. Would you like a lawyer,
1:00:58
Lawrence? No, Sir.
1:00:59
You got it. No, Sir.
1:01:00
I'm going to renact guilty plea for you.
1:01:02
OK, gentlemen, I'm going to give you $100 personal bond.
1:01:06
You don't have to post any money.
1:01:07
I'm going to send you to the prosecutor.
1:01:09
You can talk to her and see what she'll work out for you.
1:01:13
You entered a book for not guilty plea.
1:01:15
We want the plea now. You don't.
1:01:18
No, you don't. You cannot leave the state
1:01:20
without the consent of the court or violate a law in court is
1:01:23
directed. I'm sure you'll make out at
1:01:25
least you can't do worse if you plead guilty.
1:01:28
I'm taking the plea. If you go talk to her, maybe you
1:01:30
can get a civil infraction or something.
1:01:31
OK, so go talk to her. We talked to her right now.
1:01:36
OK. She should be in the building.
1:01:39
I had to schedule things late. I had an appointment.
1:01:41
This. So they were told to be in here
1:01:42
at 9:45 and she should be here. OK, thank you.
1:01:46
What a good day. We'll see you back here, Jose
1:01:51
Javier Medina Machen Q624-O451 and manual Medina Machen
1:01:58
22624-O45-O. Good morning, Miss Villarreal.
1:02:03
Pleasure again. How are you?
1:02:06
Your name. Certified Interpreter.
1:02:10
I'm. Going to ask you to raise your
1:02:12
right hand. You some swear, affirm that you
1:02:13
will make a through an accurate translation between the court
1:02:15
and the defendants. Yes, I do.
1:02:17
OK, Mr. Manuel Machen, would you state your name, please?
1:02:29
And how about you, Jose? Can you tell me your name?
1:02:37
Yes, Jose Javier. These are you're charged with
1:02:42
fishing, flash gaming violations.
1:02:49
It. Is alleged that each of you were
1:02:51
fishing without a license. That is a misdemeanor.
1:02:59
It is punishable by up to $100 fines. 90 days jail costs are
1:03:05
all those. Do you understand that, Mister
1:03:07
Manuel? Matching yes.
1:03:17
Yes. Do you understand that Mister
1:03:20
Jose Medina matching? No.
1:03:25
No. Just bear with me.
1:03:30
Do you understand that Mister Jose Medina matching.
1:03:33
All right did. Where is the advice of rights?
1:03:40
I don't have one or do I? We got to give these guys advice
1:03:44
of. Rights, I thought.
1:03:46
They were going to call them to give them to them.
1:03:47
I can't now. I've got to go through this
1:03:49
with. All right, listen, each of you
1:03:53
are presumed Dennis, do you understand that manual?
1:03:59
Do. You understand that, Jose?
1:04:04
Yes, you have the right to a trial.
1:04:10
You have the right to a jury trial.
1:04:15
At that trial, you have the right to question their
1:04:18
witnesses. To.
1:04:22
Bring in your own witness to use the subpoena powers the court to
1:04:28
bring in those witnesses. You have the right to testify or
1:04:36
remain silent at that trial. We remain silent.
1:04:41
That silence would not be held against you.
1:04:47
If you plead guilty, you're going to be giving up all of
1:04:49
those rights and we will not have a trial of any kind.
1:04:52
Do you understand that manual Notch?
1:05:09
And so we're going to pay fine for what just.
1:05:12
Bear with me, I'm not trying to lock you up over having a
1:05:18
fishing without a license charge, OK?
1:05:23
So just relax, take a deep breath, it'll work up.
1:05:30
OK, so do you understand everything I've said?
1:05:35
Manual match. Yes.
1:05:41
Do you understand everything I said?
1:05:43
Matching Medina, Yes. Now Jose matching.
1:05:51
Jose Medina matching. I'm sorry.
1:06:00
So you have the right to a lawyer.
1:06:05
I will be happy to provide each of you one at public expense if
1:06:09
you would like. Do you?
1:06:18
Want a lawyer, Mr. Manuel Much? Yes.
1:06:26
Do you want a lawyer? Mr. Jose Medina Much?
1:06:33
Yes, I am entering a not guilty clue.
1:06:38
I'm giving each of you a $100 personal bond.
1:06:43
You do not have to post any money.
1:06:48
You, you here are your bond condition.
1:06:52
You cannot leave the state without the consent of the
1:06:54
court. You cannot violate a law.
1:06:57
You must appear in court as directed.
1:06:59
My court officer is going to bring the files to the
1:07:02
prosecutor right now. You will go in there and talk to
1:07:06
your lawyer. You will go talk to your lawyer
1:07:09
1st and then your lawyer will go in and talk to the prosecutor
1:07:13
with Miss Villa rule. Do you understand that?
1:07:18
Yes. OK.
1:07:20
I'm entering a not guilty plea, like I said.
1:07:25
OK, So we'll take those files to the prosecutor.
1:07:27
You can have a seat outside. All right, Any questions,
1:07:38
gentlemen? I mean a lawyer.
1:07:50
Fishing permit. Good.
1:07:51
Tell your lawyer that. Thank you.
1:07:55
All righty friends, let's change it up.
1:07:57
Let's go down to Texas. Judge W looks like she's playing
1:08:01
somebody in by Zoom, which we don't normally see, so let's see
1:08:04
what that's all about. Good morning.
1:08:14
Good morning, Mr. Bell. Can you hear me?
1:08:17
Yeah, Good. OK, So I can hear you too.
1:08:19
So I just wanted to you can see here in the courtroom.
1:08:22
Mr. Parker, your attorney's here and also Miss Mofino with the
1:08:28
state is here. And I have already started this
1:08:31
hearing previously. Clause number 1418993.
1:08:36
Mr. Bell was found not guilty by reason of insanity quite some
1:08:41
time ago for the offense of aggravated assault against the
1:08:44
public servant has been in the Rust State Hospital and I have
1:08:48
received a request and information that a step down
1:08:54
type of facility would be in Mr. Bell's best interest at this
1:08:59
time. And so Mr. Bell, I just wanted
1:09:01
to talk to you a little bit real quick.
1:09:04
I went and looked at the house where you would potentially be
1:09:08
going if I allow this. And I really wanted to ask you a
1:09:12
little bit about what you have discussed with the social
1:09:15
workers there and what your expectations are if you go.
1:09:19
Do you know anything about the place where you're going If I.
1:09:24
I'm going to a boarding home. I'm happy outside community care
1:09:27
home, something like that, but it's a group home.
1:09:30
Right. So it's actually, yeah.
1:09:32
And it's really, it's very, very nice home.
1:09:34
And there would only be, I think maximum 2, maybe 3 of you there.
1:09:38
So it's not a big group home. It's just a regular house in a
1:09:40
neighborhood. And so the most important thing
1:09:45
to me, Mr. Bell, is that you continue with your medication.
1:09:50
Do you understand the importance of that?
1:09:52
Yeah, if I take my medication, I do a whole lot better than
1:09:56
trying to go without it, right? So if you, if I let you go live
1:10:01
at this house, I want to make sure you understand that if you
1:10:04
miss your medication even just one time, there's going to be
1:10:08
someone there always. And they'll make sure you take
1:10:11
your medicine. And if you don't take your
1:10:13
medicine, either refuse to or skip it for any reason, then
1:10:17
they'll let me know that and there will be an order sent out,
1:10:20
a warrant for you, and you'll be right back in jail and probably
1:10:23
right back in Rusk. You understand that?
1:10:25
How important it is? Understand.
1:10:28
OK. Also, obviously there's rules
1:10:31
there just like you've been following at Rusk and you would
1:10:34
be required to follow those. You understand that as well?
1:10:37
Yeah. And do you have family?
1:10:42
Am I like in Beaumont? Yeah, you do.
1:10:44
You have a super around here. My second to the oldest sister
1:10:48
lives in Beaumont in a brand new house.
1:10:50
My little brother stay in our apartment.
1:10:52
The baby of the family. John Glenn.
1:10:54
Yeah. You live in Beaumont?
1:10:57
So it would be nice you would be able to see them.
1:11:00
They could come see you. I'll do want to make sure you
1:11:02
understand, though, that you couldn't go stay with them
1:11:06
unless you had permission. You have to stay and live in the
1:11:09
house and you have curfews and things like that.
1:11:11
You understand You're OK with that?
1:11:14
OK. Is there anything you can ask
1:11:16
Miss Mofino or Mr. Parker? All right, So I think, Mr. Bell,
1:11:22
what I'm going to do. I've only done this a couple of
1:11:25
times, and you probably even know the ones that I have done
1:11:28
this with. They're at Rusk and let out and
1:11:31
they ended up right back there a few years back.
1:11:34
And so you probably know who I'm talking about.
1:11:37
I don't want that to happen with you.
1:11:38
I think sounds like you're a great candidate for this this
1:11:43
type of home and so I'm going to allow it and so I just want to
1:11:48
make sure you and I had this conversation that you know that
1:11:52
you have to follow every single rule exactly like like they say
1:11:56
OK, OK, and this will give you a little more freedom freedom to
1:12:00
be here locally where you can see family and things like that
1:12:03
as well. All right, all right.
1:12:05
So we'll, we'll get the paperwork done.
1:12:08
I don't know exactly when all of it will take place, but it'll
1:12:10
happen very soon. I am going to find at this time
1:12:15
that treatment is still required, but that a lesser
1:12:19
restrictive environment is appropriate.
1:12:21
And I will set out an order with all of those rules with regard
1:12:25
to medication and things like that for you to follow.
1:12:27
As soon as all that's done, they'll work out getting you
1:12:30
transferred here. OK, you could.
1:12:32
OK, All right. Sounds good.
1:12:34
Y'all Take care. They catch you.
1:12:37
Thank you. Interesting.
1:12:39
Judge admits that in the past this really hasn't worked out.
1:12:44
I think my mic was muted. Let's try that again.
1:12:47
What I said was interesting because Judge admits that she's
1:12:52
done this in the past and it really hasn't worked out.
1:12:54
But we're trying again. I guess we'll see how it goes.
1:12:57
Let's go. Let's go across the hallway.
1:13:01
Judge Stevens. Right.
1:13:12
Placed on 10 years deferred or unadjudicated probation for
1:13:15
activated assault. A month and a half ago, all.
1:13:23
Right. Just a quick pause.
1:13:24
So yeah, you said that it was echoing, so the board was
1:13:28
reading different than what was really happening.
1:13:29
I think I fixed that now, if I didn't let me know.
1:13:36
What's this says the defendant is not in compliance with curfew
1:13:40
requiring him to be inside of his home every day between 8:00
1:13:43
PM and 6:00 AM. Are you kidding me?
1:13:47
This is the your godmother talking to the his non
1:13:50
compliance. The probation office is
1:13:53
requesting that you be required to serve the remainder of your
1:13:55
180 day jail sanction to begin May 22nd in three days.
1:14:02
Right. I know there's something wrong
1:14:04
here. I think from the old movie.
1:14:08
What we have here is a failure to communicate that if found
1:14:13
true, is enough to revoke your probation and sentence you to 20
1:14:18
years in prison. That's all there is.
1:14:20
It's already here. It's obvious that you didn't
1:14:24
take this, any of this seriously or you would have acted
1:14:29
differently. But do you have a present report
1:14:35
if you have a chance? Let me just get to that real
1:14:49
quick, please. Thank you.
1:14:53
Is he doing weekends? Is that what it is?
1:14:57
Yes, Sir. You don't do weekends when
1:15:01
you're sentenced to 20 years in prison.
1:15:03
Yes, for now I see #18 being in your home every day between
1:15:11
10:00 PM and 6:00 AM except for employment for you to probation
1:15:16
office. This is not what's happening.
1:15:19
Eight women had the order was signed by this court on your
1:15:25
curfew due to the serious nature of this criminal offense and
1:15:29
early curfew is deemed necessary and appropriate.
1:15:32
So it was 10:00 PM to 6:00 AM. And then what I've done is I've
1:15:37
signed an order amending the conditions of probation as of
1:15:41
May 11th. So you're your probation order
1:15:47
is two hours earlier because you're having a problem
1:15:51
following the curfew that was granting you an extra 2 hours.
1:15:57
You lost two more hours plus you're about to go you're you
1:16:01
got 1 foot in prison for 20 years.
1:16:05
Highline victim. I recall this was at a Barber
1:16:14
shop. Yeah.
1:16:16
Waiting on his brother to get his haircut finished when you
1:16:20
stroll in and begin punching him with your face.
1:16:24
The assault was on video by the way, that shows you assaulting
1:16:29
the victim and without provocation.
1:16:32
And you were heard saying this is the type of shit we do roll
1:16:38
up on *** at the goddamn Barber shop.
1:16:41
Are you kidding? Me I.
1:16:42
Want to stick a bar? Suck in your mouth like my
1:16:45
mother would do if I used poor language.
1:16:49
Vulgar language. This is you think this is
1:16:52
intelligent thought? No, it's foolish behavior.
1:16:57
This is it. This is you just stroll around
1:17:00
this time town and beat up on people.
1:17:03
That's what you do for fun. Nothing else in your life.
1:17:07
Nothing else in your life. It's.
1:17:08
Going to be hard to do it when you're in jail or in prison for
1:17:11
20 years. Just that's vulgar.
1:17:13
And there's no place in civilized thought in civilized
1:17:19
communities. You're, you're the problem here.
1:17:24
You're the problem in this county.
1:17:26
People just like you. You can't even go to the Barber
1:17:28
shop without thuggery. Shame on you.
1:17:32
Shame on you. First thing I'm going to do is.
1:17:36
You're not going to. Do this.
1:17:39
So you've been on probation just since March, right?
1:17:43
Don't understand this? Let me get this straight.
1:17:52
This event we're talking about here that we put him on
1:17:56
probation that occurred on October 30th of of last year and
1:18:02
we thought that you would follow the rules.
1:18:07
So where are you when you're not at home when you're supposed to
1:18:12
be? What are you doing?
1:18:15
No, you're not. I'm sorry.
1:18:18
I got a letter says that your godmother states you're not
1:18:23
coming home at 8:00 PM. Is she?
1:18:26
Is she? Telling me a lie, is she?
1:18:29
Is she the liar? Judge, why you do that to us?
1:18:34
Bad, Judge, bad. Did he realize that he said a
1:18:41
controversial word and that's why he deleted it?
1:18:43
It's possible. I don't know.
1:18:46
I hate when he does that. All right, well, I was getting
1:18:50
into it now. I don't know what to do because
1:18:52
I didn't have anything planned. Let's go Michigan.
1:18:59
Judge Simpson, I guess. Bad judge.
1:19:02
Potential conflict between this honorable court and the Office
1:19:04
of the Public Defender. Well, people do not believe that
1:19:06
any such conflict exists. We make this waiver and the
1:19:08
avoidance of all doubt. OK.
1:19:10
Yeah, we don't. Yeah.
1:19:14
Are you sure of you? Can you do the waiver?
1:19:15
Good. Morning, your honor.
1:19:16
I will stumble through it. Lord Yagi, Assistant Public
1:19:19
Defender. We likewise do not believe that
1:19:21
any such conflict exists, but in the avoidance of all doubt, we
1:19:24
would waive any conflict between this honourable Court and.
1:19:29
All. Right.
1:19:30
Thank you. Well done.
1:19:31
Thank you. The court for each part also
1:19:33
does not believe this conflict. Either the Michigan court rules
1:19:36
or the cases decided they're under.
1:19:38
To the extent conflict does exist, given the waivers, the
1:19:42
court will consent to hear the matter.
1:19:44
Court does call the case of the people of the State of Michigan
1:19:47
versus Nico Caillou good. Morning, honour.
1:19:54
Good morning, honour, Edward drew on.
1:19:55
Behalf of Nico Caillou. All right.
1:19:57
And can you state your name? My name is Nico Caillou.
1:20:00
Thank you. I have before me a finding.
1:20:04
Not sure what I mean in court here today.
1:20:06
For my mind. Plead not guilty.
1:20:08
Yes, Sir. There's a binding.
1:20:10
I want to make sure you have the right one.
1:20:12
There was also a misdemeanor 1. Excuse me, I had sent over 2.
1:20:18
If I had received one for this case, I have the 123F5 this one
1:20:24
OK, that indicates that he is at this time incompetent to stand
1:20:28
trial. That's the.
1:20:30
Defiance. Yes.
1:20:31
All right. Well, he's much more.
1:20:33
Than on correct judge. Yes, he's incompetent but
1:20:37
restorable. Is there any other additional
1:20:41
evidence from my other side? Stipulates the report judge.
1:20:44
Thank you. And we would also stip in.
1:20:46
Sorry, based upon that report, the court would find it pending
1:20:49
is at this time incompetent to stand trial.
1:20:52
I do need it with the competition court.
1:20:54
Hang on, Sir. I do need an order, Mr. Jerkis.
1:20:59
OK. I will set a competency review
1:21:01
hearing for would. You like to sit for.
1:21:04
Yourself or Judge Barr? Is this the Judge Barr.
1:21:06
In front of Judge Barr. September 1st.
1:21:09
September 1st, 2026, 9:00 AM before Barr.
1:21:15
Thank you. Bond will continue.
1:21:18
Thank you. Or does call the case people
1:21:21
versus Leslie Ferrency? Morning, Your honor.
1:21:24
Dan Garrett on behalf Leslie Ferrency.
1:21:28
Leslie Ferrency. Thank you.
1:21:30
We're. Able to resolve his state
1:21:33
payment of $2000 restitution. Let's check.
1:21:42
That means Council approach please.
1:21:45
All righty. We're a couple minutes in the
1:21:46
way back machine, so let me see if I can bump this forward past
1:21:49
this. If not, we'll.
1:21:51
Are we approaching? How did How did I end up with
1:21:55
both? Usually I get.
1:21:56
One, never mind. Good morning.
1:22:00
Thank you. This is daytime setup question
1:22:02
because the. Indonesia's multiple violations.
1:22:04
The people are unable to proceed.
1:22:07
The customers for dismissal all. Right.
1:22:10
Or I dismiss it. Bond violation was great trouble
1:22:13
so. Your Honor, I'm sorry, I did
1:22:17
receive notification yesterday, but.
1:22:19
There. The bond violation was simply he
1:22:23
did not realize he was in that zone is the one you're talking
1:22:27
about. That's the one I'm talking
1:22:29
about. Is that the May 18th?
1:22:31
May, oh May 16th. I don't.
1:22:35
I don't have that one. You're on.
1:22:36
Where he was exclusion zone graduation party allegedly.
1:22:40
Oh. OK, I'm sorry, says 14th through
1:22:43
17th. 16th. Yeah, he did.
1:22:46
He was passenger in the vehicle and the vehicle was there.
1:22:51
Once he was told about it, he explained that he was there.
1:22:55
Once he was told about it, he went deeper into the exclusions.
1:22:58
He was again the passenger in the vehicle, not the driver, and
1:23:03
he asked to be. Removed from there.
1:23:06
That's the passenger, and without money on him to pay for
1:23:10
a ride, he was, he felt at the mercy of the driver.
1:23:15
Was he admitting to the violation?
1:23:17
Yeah, sure. Dependent admitting to the
1:23:19
violation, I'll sentence to the defendant.
1:23:22
You. You went into custody what,
1:23:23
yesterday? Sunday.
1:23:25
Sunday I'll sentence to the defendant 3 days Washtenaw
1:23:29
County Jail credit three days serve cases, people being unable
1:23:33
to proceed, cases dismissed on defendants function.
1:23:37
Thank you. Thank you.
1:23:38
For calls the case people versus Jennifer McCready good morning,
1:23:41
your honor reading. To talk to the people.
1:23:43
Good morning, Your honor. Good to see you, Matthew and
1:23:45
Sewer, on behalf of Miss Mccreaty, who stands?
1:23:47
To my right. Jennifer, can you please state
1:23:48
your name for Judge Sits? Good morning, Jennifer Mccreaty.
1:23:51
Thank you. Your Honor, listen.
1:23:52
People are unable. To proceed, the defense would
1:23:55
respectfully move for dismissal. Please people, being unable to
1:23:58
proceed, this case is dismissed on defendant's motion.
1:24:01
Thank you. Thanks, your Honor.
1:24:03
For calls the case people versus David.
1:24:06
Good morning, Your honor, Jazz Lean Sing.
1:24:07
On behalf of the defendant, Mr. David Barth.
1:24:09
Mr. Barth, please state your name for his honor.
1:24:11
David Barth, Whose case is this? It's.
1:24:13
Willing. Bruise I can go grab for your
1:24:14
honor. OK, Jake, I prefer willingbring.
1:24:20
Me too. Here.
1:24:23
Thought I'd quite that out. Go ahead.
1:24:26
Your honor, today is the day. In time to have a preliminary
1:24:27
examination at this time when people.
1:24:29
Are unable to. Proceed.
1:24:30
You have a motion to dismiss. Yes, Your Honor, we do.
1:24:33
People being unable to proceed. Case is dismissed on defendants
1:24:37
motion. That's without prejudice.
1:24:39
Thank you. Thank you.
1:24:41
Court calls the case of the people State of Michigan versus
1:24:43
Gabriel Hamby. Good morning, Your honor.
1:24:46
Rings, gang houses call Hamby. Yes, ma'am.
1:24:50
Sorry, I was in the hall. Judge Timberly stand on behalf
1:24:54
of Mr. Hamby, who's standing to my right?
1:24:55
Would you state your name? For the record.
1:24:57
Gabriel. Handy.
1:24:59
Thank you. I have here a waiver form.
1:25:01
I can hand it to your deputy examination.
1:25:06
Yes, your Honor. You understand that that's a
1:25:08
proceeding where the people would have to show by probable
1:25:10
cause that the offenses alleged were committed and that you
1:25:12
committed them. You understand you'll not have
1:25:16
that hearing. You'll proceed to Circuit Court
1:25:17
for further resolution. Yes, your Honor.
1:25:20
People are having way. They're right.
1:25:21
Preliminary examination is waived.
1:25:23
Defendants bound over to Circuit Court on counts one through 4
1:25:26
with five follow them. Thank you, Judge.
1:25:28
Hang on, As to the arraignment, Circuit Court arraignment, we do
1:25:33
that here. Oh I'm sorry, I'm not real
1:25:36
familiar with this court knowledge.
1:25:37
That's. Great knowledge received of the
1:25:39
information I do waive is formal reading.
1:25:41
We do client stands needed this. Time.
1:25:44
That's correct. Yeah, and then having waive all
1:25:45
reading standing mute court will enter a not guilty plea as to
1:25:48
all 5 counts. Pretrial in this matter will be
1:25:51
set for July 16th. At 1:30.
1:25:54
Was just like. July 16th, 2026 1:30 for Judge
1:25:59
Slay. Thank you very.
1:26:00
Much. Bond will continue.
1:26:03
And yes, all right. As bonds continue to continue
1:26:10
with Judge Simpson, let's go back down to Texas and Judge
1:26:16
West, new contestant there. For Sansbury, this is 26 DCCR
1:26:21
0174. You're charged with the first
1:26:24
degree felony offensive murder. Mr. Burmank, what is the
1:26:26
announcement? File every judge.
1:26:29
All. Right.
1:26:31
Let me go through that. So Mr. Sansbury, what you're
1:26:34
formally charged with is obviously the first degree
1:26:37
felony offense of murder and that is from November 7th of
1:26:41
2025. And what that means is that if
1:26:44
you go to trial and you're found guilty, the range of punishment
1:26:47
would be a minimum of five years, up to 99 years of life in
1:26:51
prison. Do you understand?
1:26:53
And I have here on the tablet a document that you've signed
1:26:56
entitled Plea bargain rejection with Mr. Burbank.
1:26:59
This shows that the district attorney's office has made an
1:27:01
offer. If you wanted to enter a plea of
1:27:03
guilty for a 40 year term in prison, you have every right to
1:27:06
reject that and have your case set for trial.
1:27:09
I just want to make sure you understand what the possible
1:27:11
consequences are if you go to trial and what your options are
1:27:14
if you wanted to enter a plea of guilty, you understand all of
1:27:17
that, and you want to reject that offer and have your case
1:27:20
set for trial. All right, we'll get that done.
1:27:22
Mr. Smith, is there any reason to believe that that offer would
1:27:25
change? I don't think so.
1:27:26
Judges is actually Luke's case. I was just going.
1:27:29
For him this morning. By all accounts, there will be
1:27:31
no reductions. Here nothing as far as you know.
1:27:35
Not waiting on any type of discovery or evidence.
1:27:39
Nothing that's standing out that.
1:27:41
Is going to look. Like, all right, So I want to
1:27:43
make sure you understand also, Mr. Sansbury, that after today,
1:27:46
I will not accept this agreement.
1:27:47
The only reason I would accept this or something different or
1:27:50
better would be because some different evidence or
1:27:53
information came to light that your attorney and the state's
1:27:56
attorney didn't know at this point.
1:27:58
You understand? All right, we'll get a set on
1:28:00
the trial docket. Mr. Burbank, we'll be in
1:28:02
preparation for trial. Yes, Sir.
1:28:05
Thank you. Excellent.
1:28:07
Mr. Lewis, you have Brandon Bonten.
1:28:10
Yes, ma'am, Brandon. Exactly guys, 1234 box cases.
1:28:17
Good morning. Did I miss the whole page and
1:28:21
then? There we go, 15. 7810 cases.
1:28:27
Good morning. Are you Brandon Bonten?
1:28:29
Yes, ma'am. And these this is cost numbers
1:28:32
26 DCCR 0277, 27827280281282283284184 and 0490
1:28:51
and Mr. Bonten was examined for competency to stand trial by
1:28:57
Doctor Brimsley. I've received that report.
1:28:59
I'm going to take additional notice of the ports file.
1:29:01
In all of the cases, the report is stated April 14th of 2026.
1:29:07
The finding in that report is that Mister Bonthen is currently
1:29:13
not competent to stand trial and that inpatient treatment for
1:29:17
competency restoration would be warranted.
1:29:20
Is there any other evidence with regard to competency at this
1:29:26
time? Then I am going to find that
1:29:28
Mister Bonthen is not competent. Hang on, let me say what I need
1:29:32
to 1st and then I'll let you in. My left knee, my right ankle.
1:29:36
I've been to the hospital. I understand, of course, man,
1:29:38
George pushing on me. I'm not lying about it.
1:29:40
And I testify and take a lot of tickets.
1:29:42
Yes, I'm innocent. I.
1:29:43
Got the right to freedom of speech, man.
1:29:44
I'll. Ask for probation to your cap.
1:29:46
I'll go home today because these people on the Illuminati
1:29:48
application on their phone is manipulating the government
1:29:51
through my chip. I do hear voices.
1:29:52
I don't take medication and they force you to become they force
1:29:56
you to take medication and join S Dunn Behavior Center.
1:29:58
Coach Lewis, know me, I was seeing here.
1:30:00
I had an aggravated robbery job. I shot a 9mm two times, went
1:30:03
third way, shot at 45. You can go with.
1:30:08
Taylor, I'm sorry. All right, I'm going to find
1:30:11
that Mister Bonson is not complicated to stand trial
1:30:13
sacrificing man that inpatient restoration treatment is
1:30:18
warranted. Order that he'd be sent to the
1:30:19
appropriate facility for a period of not to exceed 120 days
1:30:23
from the day he gets to that facility.
1:30:34
All right, Let's see. Mr. Eckhart, you've got Marc
1:30:41
Marceau 3 cases. Good morning.
1:30:47
I. Think that needs to become a
1:30:54
four case. Good morning.
1:31:23
Are you Mark Marceau? Mark Marceau This is cause
1:31:27
numbers 26 DCCR 0396397 and 398. Mr. Marceau's charged into the
1:31:35
cases with sexual assault of a child and the third with a
1:31:38
continuous sexual abuse of a child.
1:31:41
And what is the announcement, Judge?
1:31:42
Miss French and I. Spoke last week about this case
1:31:45
and about our plan. She's still in the process of
1:31:48
obtaining CPS records. At some point in the near
1:31:51
future, we're going to file a request with the court for a
1:31:54
bond reduction and those are the two kind of most urgent matters
1:31:59
that we've got. OK, I don't.
1:32:01
See that that request has been made yet for the CPS records and
1:32:07
not yet I've I've been preparing for trial that didn't occur
1:32:09
yesterday. I'll be preparing that.
1:32:12
OK, motion and order, your honor.
1:32:14
And also whenever the hearing is for the bond, if you'll give, if
1:32:19
I can have a little bit of notice because of the family
1:32:22
dynamics here, obviously the state will.
1:32:24
Argue. Against that.
1:32:26
So what I'll do right now is just do a 60 day reset.
1:32:31
Obviously if you file a motion for bond reduction, we'll move
1:32:34
that up immediately to a court date for that and then we'll
1:32:38
kind of push it back a little bit.
1:32:40
The CPS records take some time to get and then so if you can
1:32:43
get that in this branch, I'll get that signed this week and
1:32:46
that way we can get that process started and then we'll see where
1:32:49
we are, but we'll we'll move it up for a bomb reduction hearing.
1:32:52
Thank you. All right, thank you.
1:32:53
You can go back for the bailiff. You want to work at the duty.
1:32:59
I have to say, Mr. Brian Lane. Yes, ma'am.
1:33:01
You've got Khalil Bradley Harris.
1:33:05
I'll hold it till the paperwork's ready.
1:33:09
And then what about Heyman? Brandon If.
1:33:12
We may approach on him. Just for a second.
1:33:15
The court allowed me some time. Let's get Mr. Brandon out here.
1:33:19
So he's Heyman Brandon. Heyman Brandon.
1:33:21
Yeah. Just hold on a second since he's
1:33:23
here, OK? Yeah, let him know what's going
1:33:25
on. All right, you're Heyman Bread
1:33:28
and Ben, and this is 2136605. Mr. Brandon is charged with
1:33:35
murder. And what is the announcement?
1:33:38
Your Honor, we're respectfully requesting one more
1:33:40
announcement. The court has reset it today for
1:33:43
us to get an insanity evaluation from Doctor Papa.
1:33:47
It took me a little while to get to Doctor Papa and I spoke with
1:33:50
him yesterday. He said if I'll get him the
1:33:53
materials, he could have an evaluation report done within
1:33:57
two weeks. So if we just.
1:33:58
Have one more. 30 days, I believe that's going to.
1:34:02
My concern is deterioration in our jail because we finally have
1:34:07
competency after years of thought.
1:34:10
And so I I need that done this is I'm going to reset it three
1:34:15
weeks. He needs to, we need to have it
1:34:17
done within three weeks. And so I.
1:34:20
May I may be on vacation until the 15th.
1:34:23
Do you have a vacation letter in?
1:34:25
OK. Well, we'll take that into
1:34:26
consideration. OK.
1:34:28
Also, if respectfully. If we get the report, I think
1:34:32
the state's going to look at it. If the state wants to move
1:34:35
forward and we're going to ask for a bench trial, you want to
1:34:37
set that in. Well, let's see what the report
1:34:40
says so that we know which direction we're headed once we
1:34:42
get that report. So we'll just set it for an
1:34:44
announcement and then that day we'll know for sure what we're
1:34:47
doing one way or the other. OK, sounds good.
1:34:50
You can go back with the bailiff.
1:34:53
Bradley. Mr. Lewis, Mr. Parker, you've
1:34:59
got Donald Cogdill sentencing Donald Cogdill.
1:35:15
We wait for the next contestant to have some dead air reminder
1:35:17
tonight. Sidebar 8:00 PM Eastern, 5:00 PM
1:35:20
Pacific, right here on this channel.
1:35:21
You are Donald Paulville. Yes, ma'am.
1:35:24
And this is 26 DCCR 0005. Mr. Cogdill was previously in
1:35:30
court, entered a plea of guilty to evading arrest or detention
1:35:33
with previous convictions and also pledged true to prior
1:35:36
convictions, making this offense a second degree felony.
1:35:39
The agreement was for a cap of eight years in prison.
1:35:42
I received the pre sentence report.
1:35:44
Has everyone had an opportunity to review that report?
1:35:47
We have your honor, and I want to commend Justin Riley on what
1:35:50
a great report he loves. He really did it.
1:35:53
Miss Moffino, any additions or corrections?
1:35:58
Judge, obviously I. Am aware that the criminal
1:36:00
history is of concern to the court.
1:36:03
As you know from the indictment of the underlying offense itself
1:36:06
is a state jail felony. And the offer?
1:36:09
Was made just predicated on the nature of that offense with
1:36:13
these parents filed. Defer to whatever you think is
1:36:15
appropriate if if infected. You think aid is?
1:36:18
No. So I I want to make sure Mr. at
1:36:22
what's the status with parole? You're on parole, correct?
1:36:25
Uh, yes. Have you had a hearing out at
1:36:28
the jail? Have they come to the jail for a
1:36:30
hearing? Have you talked to anyone with
1:36:32
parole about this case? Somebody that somebody called
1:36:39
over there, I don't know who it was, OK, Said something about
1:36:42
parole, not something not parole, but uh, like, I don't
1:36:46
know what. I don't understand what he was
1:36:47
saying. OK, there's a hold on him,
1:36:50
right? Sure, Mr. Parker, you may
1:36:52
proceed. I've, I've had this same issue
1:36:56
trying to figure some of this stuff out.
1:36:57
Judge, I've talked to him and the, the, the facts of this
1:37:01
case. I mean, it's he was he, to my
1:37:04
understanding, he what the probation cause is.
1:37:07
He was living in a transitional house and he was, I've talked
1:37:11
about where he's going to live. He intends to go back to the
1:37:13
transitional house. Any plan?
1:37:15
He was working there in the kitchen and the facts are that
1:37:21
he was out. It started pouring down rain.
1:37:23
He went to a house. He was on the back porch that he
1:37:26
thought was vacant and he was on the on the porch getting out of
1:37:30
the out of the rain and five cop cars pulled up.
1:37:35
Then as he says in his report, I asked him why did you run?
1:37:38
And he said, well, five cars pulled up and I got scared.
1:37:41
And I mean, I mean, I've heard that a lot, but I mean, I think
1:37:45
he's sincere and that not that it's justifiable, but that's
1:37:48
what happened. He wasn't trying to break in the
1:37:51
house and and that's what happened this case.
1:37:56
And I would point to the probation officer that thinks he
1:38:00
might respond better to a structured guidance into the
1:38:03
extended incarceration. It's in the top paragraph on
1:38:07
page 5, the last last sentence. And and that's kind of my
1:38:11
position is I think the last time he was in trouble while
1:38:14
he's obviously been incarcerated, but it was in
1:38:18
2017. I clearly think that the
1:38:22
probation, the probation office has pointed out everything
1:38:25
that's about him thoroughly in this report.
1:38:28
And just going back to his childhood, how he's raised and
1:38:33
how he's lived and his educational standing and his,
1:38:38
his mental capacity, I think he's, he's competent, but it's,
1:38:43
you know, it's, it's not as high as that is a lot of people that
1:38:48
are out there and he's struggles to, to get by.
1:38:51
But if it's possible, I think I would, we would request he'd be
1:38:55
allowed to be placed on probation.
1:38:56
Understand the question is about parole.
1:38:59
Otherwise we ask for a a low on the lower end.
1:39:02
Small Fean, I really don't have much additional.
1:39:05
I don't think he's a suitable probation candidate, although
1:39:09
inference can be made from the offense itself that it was could
1:39:12
have very easily turned into a burglary.
1:39:14
I'm just glad we're not here on the offense involving him
1:39:17
actually being inside someone's home or involving a child.
1:39:20
So, But based on the mitigating factors pointed out by Mr.
1:39:23
Riley, I'd ask her to consider the 8.
1:39:25
So, Mr. Cogdill, I appreciate your attorney's argument.
1:39:29
I understand. I can see that there's some
1:39:31
issues cognitively. However, there's no doubt that
1:39:36
you understand what's going on, right?
1:39:39
Yeah. So you've been sent to prison 6
1:39:43
times and you're currently on parole for three Burglary of a
1:39:48
habitations, delivery of a controlled substance, evading
1:39:52
arrest or detention with a vehicle, and then a indecency
1:39:57
with a child. And it makes no sense to me that
1:40:01
you were on parole and had opportunities through parole to
1:40:05
get any help that you needed and you didn't take advantage of
1:40:09
that. And we're out doing whatever you
1:40:11
were that you shouldn't have been doing and then ran.
1:40:14
So this time I'm going to find that you enter your pleas of
1:40:18
guilty freely and voluntarily, find sufficient evidence to find
1:40:22
you guilty, and at this time find you guilty of evading
1:40:24
arrest or detention with previous convictions.
1:40:27
Find those prior convictions true that you pled true to
1:40:31
sentence you to a term of six years in the institutional
1:40:34
division of the Texas Department of Corrections.
1:40:37
You will receive credit on that sentence for any time that
1:40:40
you've been in custody that the law gives you the right to
1:40:42
receive. I'm going to hand you the trial
1:40:45
court certification. It shows this was an agreement
1:40:48
that I followed, and so you've waived your right to appeal.
1:40:52
I also handed you a written admonishment regarding your
1:40:55
ineligibility to possess a firearm or ammunition.
1:40:59
Because of the judgment entered against you, you're ineligible
1:41:02
under Texas law to possess a firearm or ammunition.
1:41:06
If you have questions about the laws that make you ineligible to
1:41:09
possess a firearm or ammunition, or about how long that lasts,
1:41:13
you can talk with Mr. Parker. All right, you can go back with
1:41:16
the Baylor. All righty friends, now in hour
1:41:20
3 of TCF live on this. Fine, fine.
1:41:24
Tuesday morning. It's good to have you all here.
1:41:26
Let's go back up to Michigan. We'll check back in with Judge
1:41:30
McNally. Good morning, Your Honor,
1:41:33
Michael A Carmen, P73824-ON behalf of the defendant, do I
1:41:36
understand that this will be a waiver?
1:41:37
The prosecutor's written no objection to waiver.
1:41:40
Is that true? Yes, Sir.
1:41:42
So, Sir, you're charged with possession of less than 25 grams
1:41:45
of cocaine. That is a four year felony.
1:41:47
You have the right to a preliminary exam.
1:41:49
With that preliminary exam, the people have to show that the
1:41:52
crime was committed and that you were the one who probably
1:41:55
committed the crime. If you waive your right to an
1:41:58
exam, you're waiving that requirement and you will
1:42:01
automatically be bound over for further proceedings to the Wayne
1:42:05
County Circuit Court. Do you understand that?
1:42:07
Yes, Sir. Anybody force you to give up
1:42:09
your right to a preliminary exam?
1:42:10
No, Sir. And you still wish to do that?
1:42:13
Yes, Sir. All right, I'm going to accept
1:42:14
the waiver. I find the waiver has been made
1:42:16
voluntarily and understandingly. You're bound over for further
1:42:19
proceedings to the Wayne County Circuit Court.
1:42:21
June 2nd at 9:00 AM will be the AOI date.
1:42:24
The arraignment on the information bond is 10,000 PR
1:42:29
prosecutor did not indicate they have the an objection.
1:42:33
The continuation of the bonds the bonds continued.
1:42:35
You've been going. Hey, hey.
1:42:36
Correct. Yes Sir, let me see it Yes, Sir,
1:42:38
let me see it. I.
1:42:39
Didn't go ahead and have that option, sorry.
1:42:44
Where is? Where is it?
1:42:46
Example. Well, you only live in Rockwood,
1:42:48
you can go get it then, right? Yes.
1:42:50
Sir, you have it all done. You've been going twice a week.
1:42:53
Yes, I have. I, I actually I, I want to step
1:42:56
further because I, I committed myself to with the old deal.
1:43:01
Recovery. Have you been testing weekly?
1:43:03
Here come. Back.
1:43:04
Negative. You're to continue testing
1:43:06
weekly, OK? You're to continue going to a, A
1:43:08
and a, you're going to have to bring it down.
1:43:10
A Circuit Judge sees you without that they they're likely to
1:43:13
revoke your bond. You understand what I'm saying?
1:43:16
You want. Me to come back right now.
1:43:18
No, no, I'm going to take it your word, but you make sure
1:43:20
you're going. So your next court date, as I
1:43:22
said, will be on June the second.
1:43:24
You could go down the hall and get your notice.
1:43:26
Mr. Carmen. Anything else?
1:43:27
On nothing, Your honor. Thank you very much.
1:43:30
Have a good day. Good luck, Sir.
1:43:31
You too. Thank you.
1:43:32
Kobe. Rashar Ferguson,
1:43:34
25B72581225B728899. All right, Miss Oro, your
1:43:42
appearance. Yes, good morning, Your Honor.
1:43:44
Madison Oral on behalf of the People, P 88398.
1:43:47
I realize my camera's not on. OK, Mr. Nasr.
1:43:52
Yeah. Good morning, Your Honor.
1:43:55
To your staff, this is Most Honorable Court Mohammed Nasr,
1:43:58
P74485, appearing on behalf of Kobe Ferguson, who appears via
1:44:03
Zoom, can censor their hearing over Zoom.
1:44:05
Mr. Ferguson, identify yourself for the record.
1:44:08
He's coming in right now, Judge. It was moving a little slow.
1:44:11
Did we ever get the competency report back?
1:44:14
Judge. We.
1:44:15
Got Judge. Yeah, we got the Forensic
1:44:18
Centers competency report. Back.
1:44:20
Yes, Kobe Ferguson OK, Sir, I'm going to need to hear you and
1:44:25
you're going to need to keep your voice up nice and loud, OK?
1:44:29
Yes, Kobe Ferguson, can you turn another light on there, please?
1:44:34
Yes. Is this better?
1:44:37
Yeah, that's 100% better. Thank.
1:44:39
Thank you very much. No problem.
1:44:42
Give me one second. I'm.
1:44:44
I don't believe this was my case initially.
1:44:48
Did did Judge Hessen make a determination that the defendant
1:44:52
was competent to stand trial yet?
1:44:55
Not Judge May please the court. Yeah.
1:44:59
Thank you so much, Judge. The the evaluation came back
1:45:03
from the Wayne County Center for Forensics.
1:45:07
I found him confident we were seeking an independent but at
1:45:10
this point we are prepared to set this for an exam and we'll
1:45:14
deal with any other criminal responsibility issues at the
1:45:16
higher court. OK.
1:45:18
So, but there was never a finding by Judge Hesson that the
1:45:22
was determined to be competent to stand trial.
1:45:24
True. That is correct.
1:45:27
All right. So we're going to conduct that
1:45:29
right now. Did the party stipulate to the
1:45:32
admission of the report? That looks like February the
1:45:35
27th of 26. We would stipulate the same
1:45:38
judge. All right.
1:45:39
I'm going to have that Mark people's one.
1:45:42
Does anybody have any evidence that, Chris?
1:45:44
I'm just asking as a matter of routine here, Mr. Oro.
1:45:47
I presume not. I do not judge.
1:45:49
Thank you. Don't either, Mr. Nancer.
1:45:51
No, Judge. So I'm going to stipulating the
1:45:55
party stipulate to the admission of People's One, which is the
1:45:59
forensic report dated February. Is that the 27th?
1:46:04
None. Yes.
1:46:06
All right. And nobody else has anything
1:46:08
else to say. Correct.
1:46:10
Correct, judge. Correct, Nazoro.
1:46:12
Correct, Judge. Based on my review of the
1:46:14
report, I'm going to find that the defendant is in fact
1:46:17
competent to stand trial. That's based on the report of
1:46:20
Lya Marshall, PHDA, licensed psychologist and consulting
1:46:24
forensic examiner. And that report was received by
1:46:29
the court on February the 27th. So I'll find defendant competent
1:46:33
to stand trial. And you're withdrawing any
1:46:37
request for an independent forensic, correct?
1:46:39
At this point, yes. All right, so we're going to set
1:46:42
this for exam and that will be when can we do this?
1:46:46
I don't need it to be a Tuesday. Can't be a Wednesday.
1:46:49
I'd like to. I would I would ask this court
1:46:52
for some available dates and I have my calendar judge.
1:46:54
Will you tell me you guys pick a date?
1:46:56
I'm so easy to get along with. You pick a date.
1:46:58
It just can't be Wednesday afternoon or that's probably it.
1:47:06
How about next week Monday or Wednesday?
1:47:09
Is that enough time? I don't know about Mr. Nasser.
1:47:14
Monday is a holiday judge. And you can't.
1:47:17
You can't do. I think these lawyers were so
1:47:19
hard working, they'd come in on Memorial Day.
1:47:22
I'm just kidding. All right, what?
1:47:23
About the week after, What about the week after that on a Monday?
1:47:26
Do I have any availability on the 1st of June, Lisa?
1:47:33
Yeah, in the afternoon you do 1:00.
1:47:35
Can you guys do June 1 in the afternoon?
1:47:38
Judge, I cannot do June 1 in the afternoon.
1:47:41
I have many, many, many hearings and I'm just not faith.
1:47:44
I have no faith that I will get to you on time.
1:47:48
I could do that second, the second on the Thursday, and I
1:47:53
could do the following week as well starting Monday, June 6th.
1:47:57
It's Monday, June. 8th I'm looking at the wrong I think.
1:48:02
It would be Monday, June 6th if I.
1:48:05
June 6th is a Saturday. OK, my calendar is wrong in
1:48:08
front. Of me.
1:48:09
So whatever that. Wait a minute, I can't hear you
1:48:14
at all. Mr. Nancy, can you guys do it on
1:48:19
June Monday, June the 8th at 1:00 PM?
1:48:22
AM I good then, Lisa? You have a jury trial at 10:00
1:48:25
that day. What's the name of the case?
1:48:29
Rebant, Michael. Rebant with Mr. Ramsayer.
1:48:32
I don't want to go past that. Judge, could you could we do
1:48:36
June the 12th Friday I'm available.
1:48:38
Not here. I'm not here.
1:48:40
I need you guys to figure out a date.
1:48:42
Go into the breakout room with you with if you would, please.
1:48:45
I can't. I've got a little bit of so you
1:48:49
can't do it. The first.
1:48:51
I got a jury trail on the 8th. How about the 9th?
1:48:54
Judge, I can do the 9th. In the afternoon, am I good?
1:48:58
Lisa Let. Me check.
1:49:00
Yes, you're good that day. Mr. Nancer, you good for the
1:49:03
9th? We'll make it work, Judge, at
1:49:05
the afternoon, meaning 1:00. Yep, June 9th at 1:00 PM.
1:49:09
OK. Perfect.
1:49:11
Thank you. We'll be there.
1:49:13
Anything else anybody needs to bring up?
1:49:15
Nothing from the people, Judge. Thank you.
1:49:17
Nothing. From the fence.
1:49:19
Thank. Wait a minute, let me just do
1:49:21
this. Give me one second here.
1:49:22
We do understand and I called both cases.
1:49:28
I just want to make clear for the record that that that the
1:49:31
report that I marked that we received February 27th also
1:49:36
pertains to file 25B728899 so that there's a second charge
1:49:42
different incident date defendant found competent to
1:49:45
stand trial on that file as well.
1:49:49
People's one admitted pursuant to stipulation and we'll set for
1:49:55
exam. I'm going to do 1 after the
1:49:57
other. So I hope we're going to have
1:49:58
all these witnesses here. So we're going to do the same
1:50:02
day, June the 9th, at 1:00 PM on this one.
1:50:06
OK. Sounds good Judge.
1:50:07
I was actually just going. To ask that different witnesses
1:50:09
I didn't get far enough to check, but they'll just all have
1:50:12
to be here at one if they would please.
1:50:14
OK. OK, Judge, thank you so much.
1:50:16
Thank you very much. Have a good day.
1:50:19
All right, now that they got all of that sorted out, let's go
1:50:22
back to Lake County, Ohio, Judge O'Donnell, AKA Judge F Word.
1:50:29
Before, there is no agreement at this time as to sentencing.
1:50:33
That is accurate, Miss McAdams. How old are you?
1:50:36
I. Just turned 35 today.
1:50:38
How far did you go through school?
1:50:40
The 10th grade. Are you AUS citizen?
1:50:43
Yes, Sir, are. You able to read, write and
1:50:45
understand the English language? Yes, Sir.
1:50:47
Prior to coming according to taking any drugs or alcohol or
1:50:50
any prescription medication in the last 48 hours.
1:50:53
No, Sir. You ever been diagnosed with or
1:50:56
treated for any mental illness? Yes.
1:50:58
What have you been diagnosed with?
1:51:00
Well, PTSD, bipolar depression and move mood swings.
1:51:06
Are you being treated for that right now?
1:51:08
Yes. Where?
1:51:10
At the centers on Euclid. Are you taking any medication
1:51:14
for that? Yeah, but I'm not allowed to
1:51:15
take it here. You understand what's going on
1:51:19
here? Yes, Sir.
1:51:21
And you're going to plead guilty to theft of felony 5, is that
1:51:24
correct? Yes, Sir.
1:51:25
All right. Before I accept your guilty
1:51:27
plea, I need to determine that you know and understand the
1:51:29
constitutional rights you'll be waiving, the consequences of
1:51:33
your guilty plea and the maximum penalty I could give you.
1:51:36
And I need to be satisfied that you're guilty plea is being made
1:51:39
freely, knowingly and voluntarily.
1:51:42
I'm going to ask you questions. If you don't understand a
1:51:44
question, stop me. If you want to talk to Mr.
1:51:47
Matthews some more, let me know and I'll give you more time.
1:51:49
You understand that? Yes, you have a constitutional
1:51:53
right to have a trial either to me or to a jury of 12 Lake
1:51:56
County citizens. Do you understand that right?
1:51:59
Are. You waiving that right, She if
1:52:05
you are waiving that right, the answer to the question would be.
1:52:08
Yes. If you go to a jury trial, all
1:52:11
12 members of that jury must agree to a guilty verdict before
1:52:15
you can be found guilty. Do you understand that right?
1:52:18
Are you waving that right? Yes.
1:52:20
If you go to trial, the prosecutor will call witnesses
1:52:23
to testify against you. Do you understand the prosecutor
1:52:25
must prove you guilty beyond a reasonable doubt at a trial?
1:52:29
Yes. After the witnesses are done
1:52:31
testifying for the prosecutor, you have the constitutional
1:52:34
right to have your lawyer cross examine the witnesses.
1:52:36
Do you understand that right? Yes.
1:52:38
Are you waiving that right? Yes.
1:52:41
If you go to trial, you have the right to have witnesses come
1:52:44
here and testify for you. Do you understand that right?
1:52:46
Yes. Are you waiving that right?
1:52:48
Yes. If those witnesses refuse to
1:52:50
come to court, I'll issue an order called a subpoena to make
1:52:53
them testify. Do you understand that, right?
1:52:55
Yes. Are you waiving that right?
1:52:57
Yes. You have the right to testify at
1:52:59
trial if you want to. Do you understand that, Right?
1:53:01
Yes. Are you waiving that right?
1:53:03
Yes. You have the constitutional
1:53:05
right to not testify at trial if you do not want to.
1:53:07
Do you understand that right? Yes.
1:53:09
Are you waiving that right? Yes.
1:53:11
If you decide not to testify at trial, nobody is permitted to
1:53:15
comment on that decision. Do you understand that?
1:53:18
Yes. If you go to trial and you're
1:53:20
found guilty, you have the right to appeal the guilty finding.
1:53:23
Do you understand that right? Yes.
1:53:25
Are you waving that right? Yes.
1:53:26
If you file an appeal, you have the constitutional right to have
1:53:29
a lawyer represent you in the appeal.
1:53:31
Do you understand that right? Yes.
1:53:32
Are you waving that right? Yes.
1:53:34
If you could not afford to hire a lawyer, one would be provided
1:53:37
at no cost. Do you understand that?
1:53:39
Yes. If you file an appeal, you're
1:53:42
entitled to have a transcript of all the hearings in this case.
1:53:44
Do you understand that right? Yes.
1:53:46
Are you waiving that right? Yes.
1:53:48
If you could not afford a copy, the transcripts would be given
1:53:51
to you at no cost. Do you understand that?
1:53:53
Yes. If you plead guilty today, you
1:53:55
will not have the right to appeal the guilty finding.
1:53:57
Do you understand that? Yes.
1:53:59
Do you have any questions about any of your rights?
1:54:01
No, Sir, do. You still want to plead guilty
1:54:03
to this charge? Yes, you understand by pleading
1:54:06
guilty or fully admitting your guilt to the charge.
1:54:09
Yes, you understand by pleading guilty to this felony you're
1:54:11
voluntarily giving up your freedom for whatever period of
1:54:15
time I could sent you to prison, to jail, or to community
1:54:17
control. Yes, theft is a felony of the
1:54:20
5th degree. It carries a 12 month maximum
1:54:23
prison sentence and a $2500 maximum fine.
1:54:25
Do you understand that? Yes.
1:54:27
Are you presently on post release control to the Parole
1:54:30
Authority? No.
1:54:33
Do you understand that if the prison term is opposed in this
1:54:35
case, you might have to serve a period of post release control
1:54:39
as part of your sentence for up to two years under the parole
1:54:42
authority? Yes.
1:54:43
If you are placed on post release control and violate any
1:54:46
conditions, a parole authority could send you back to prison
1:54:49
for up to for up to six months. Do you understand that?
1:54:52
Yes. If the violation's a new felony,
1:54:55
then you could get an additional consecutive prison sentence for
1:54:58
the violation. Do you understand that?
1:55:00
Yes. And if that would have happened,
1:55:01
the maximum prison sentence for the violation would be the
1:55:04
greater of 12 months or the time left under post release control.
1:55:07
Do you understand? That yes.
1:55:09
Do you understand if a prison term is imposed, you are
1:55:12
eligible for judicial release? Yes.
1:55:17
I could place you on community control for up to five years,
1:55:20
but if you violate any conditions, I could send you to
1:55:22
prison for 12 months. Do you understand that?
1:55:24
Yes. Has anybody promised you I would
1:55:27
be lenient on you just because you're pleading guilty today?
1:55:30
No. Has anybody promised you what I
1:55:32
will sent you to in this case? No.
1:55:34
Do you understand I do not have to follow the sentencing
1:55:36
recommendation of either the prosecutor or your lawyer?
1:55:39
Yes. Have you had enough time to talk
1:55:41
with Mr. Matthews before pleading guilty today?
1:55:44
Yes. Has he discussed everything
1:55:46
about your and answered all of your questions?
1:55:49
Are you satisfied with the advice he has given?
1:55:51
You. Have you been threatened or
1:55:53
coerced in any way to plead guilty today?
1:55:56
Are you freely, knowingly, and voluntarily entering your guilty
1:55:59
plea? Do you have any questions
1:56:03
Contour, if the case went to trial, what would the evidence?
1:56:05
Show Thank you your honor. The evidence would have shown
1:56:07
that on February 17th of 2020 sixth the defendant entered the
1:56:11
Ulta in Manor Lake County, Ohio. She went to the perfume section
1:56:15
and took a significant amount of the test of perfumes that were
1:56:18
out that totaled 4472 dollars and left the store with all of
1:56:24
those items all. Right, Mr. Matthews, anything to
1:56:27
add to those facts? No.
1:56:30
Miss McAdams, did you hear what Miss Contour said?
1:56:32
The facts would show if the case went to trial, Yes.
1:56:36
Are those facts true? Yes.
1:56:38
What is your plea to theft? A felony of the 5th degree.
1:56:41
Guilty. Mr. Matthews, thank you, Your
1:56:45
honor. I.
1:57:33
Did witness the defendant as well as Mr. Matthews sign up and
1:57:36
plead guilty and I signed it as well.
1:57:42
Miss McAdams, is this your signature on the written plea of
1:57:45
guilty? Yes.
1:57:46
Did you sign it voluntarily? Yes.
1:57:49
Do you want me to accept your written plea of guilty?
1:57:51
Yes. All right, I'll accept the
1:57:53
written plea. Guilty.
1:57:54
Defendant was present. Mr. Matthews advised of all of
1:57:56
her rights for the annoying Intelligent Voluntary waiver.
1:58:00
She understands the nature of the charge, a consequence of a
1:58:02
guilty plea and the maximum penalty finance.
1:58:04
We know Intelligent Voluntary will accept the plea of guilty
1:58:07
and find her guilty of theft of felony 5.
1:58:11
I'll refer this for a presence report and the victim impact
1:58:13
statement. Sentencing will be June 20,
1:58:16
four, 10:15 AM. The bond is revoked.
1:58:19
Anything else Miss Contra? No, you're right.
1:58:21
Mr. Matthews *** thank you. All right, we're adjourned.
1:58:24
All right. All righty, friends, that brings
1:58:27
that hearing to the conclusion. Let's bounce back over to Texas
1:58:31
and back to Judge West. Jonathan Richard, that's yours,
1:58:36
Miss Malfino, from what I show and.
1:58:39
I That's weird, mine shows paint French.
1:58:41
Oh, oh, well, I don't know. Because it is that's.
1:58:45
Weird. How are you?
1:58:47
Unless Preston's Yeah all. Right, so are you Jonathan
1:58:51
Richard? This is cause #25 DCCR 0248.
1:58:57
Mr. Richard was charged previously with evading arrest
1:59:00
or detention with previous convictions and was found not
1:59:04
competent to stay in trial and sent to the John Dunn Behavioral
1:59:09
Science Center for competency restoration.
1:59:13
Received the report from them dated May 4th of 2026.
1:59:17
I'm going to take judicial notice of the court's file.
1:59:22
The report states that Mister Richard is still has not
1:59:27
achieved competency, is not competent to stay in trial at
1:59:30
this time. There is a trial, Let's see
1:59:34
trial competency evaluation report which was prepared by
1:59:38
Doctor Turner and that report is that he is not competent and
1:59:43
that current competency restoration treatment would be
1:59:47
necessary for competency restoration.
1:59:50
In addition to that, there is a forensic psychiatry, psychiatry
1:59:55
report from a Doctor Shahani again with the finding that he
2:00:01
is not complicated to stand trial at the present time.
2:00:05
Also, there is a physician certificate of medical
2:00:07
examination for mental illness prepared by Doctor Shahani.
2:00:12
It makes the finding that the patient is mentally ill and a
2:00:17
result of that. But they state that that he does
2:00:22
not meet the criteria for inpatient but meets the criteria
2:00:25
for outpatient treatment because the nature of the mental illness
2:00:28
is severe and persistent as a result of it if not treated
2:00:32
would deteriorate. In addition to that, there is a
2:00:38
second Physician Certificate of Medical Examination for Mental
2:00:41
Illness from Doctor Select that has the same finding that Mister
2:00:47
Richard is still not competent to stand trial and that
2:00:51
outpatient treatment would be warranted for competency
2:00:54
restoration. Any other evidence with regard
2:00:57
to competency? None from the defense judge.
2:01:01
So obviously we all know and for the record, we do not have an
2:01:05
outpatient competency restoration program here in
2:01:07
Jefferson County nor in jail competency restoration.
2:01:12
And so I don't have any choice but to order inpatient treatment
2:01:16
because we don't have that unfortunately here.
2:01:18
So at this time I am going to find based on those reports that
2:01:22
Mister Richard is still not competent to stay in trial that
2:01:26
inpatient competency restoration placement is necessary because
2:01:31
that is what we have in order Mr. Bouchard for a period of not
2:01:36
to exceed one year to the appropriate facility for
2:01:39
competency restoration. We obviously need to make sure
2:01:43
Miss Mofino and Mr. Parker that y'all take a look at the dates
2:01:47
on this and how long he has already been in custody.
2:01:51
Since it's a state jail felony, we're probably it expire while
2:01:54
he's in. So we need to check those dates,
2:01:57
if you'll get that date, if you'll make a note so that we
2:02:02
know we can get him back whenever that date hits.
2:02:05
OK, I'll leave him. All right, All right, You can go
2:02:07
back with the bailiff. You.
2:02:08
Can judge? Mr. Rojas, you've got a manual
2:02:11
Cardenas OK, we're going to reset Sarah Jordan.
2:02:23
And also Joe. We're going to ask to reset Mr.
2:02:25
Pugh. Willie Pugh did.
2:02:27
OK, What's up with that one? Actually was going to fill.
2:02:31
Up just have. A brief officer, Yeah, sorry,
2:02:34
just one week would. Be a week would be fine.
2:02:37
Good. Morning Sir Emmanuel Cardenas
2:02:40
Junior. Yes, this is 26th DCCR 0040 and
2:02:46
Mr. Cardenas is charged with injury to a child, elderly or
2:02:49
disabled individual. And once you take, OK, let me
2:02:53
there's, let me take judicial notice of the ports file.
2:02:57
Mr. Cardenas was evaluated for competency to stand trial and
2:03:03
Doctor Grimsley prepared a report and evaluated him.
2:03:07
I've received that report. It's stated April 8th of 2026
2:03:12
with the finding that Mister Cardenas is competent to stand
2:03:16
trial. Is there any other evidence with
2:03:18
regard to competency? Mayor.
2:03:20
Mayor, All right. And will he waive the formal
2:03:22
reading of the indictment? He William.
2:03:25
Mr. Cardenas and cost #26 DCCR 0040, you're charged with the
2:03:30
third degree felony offense of injury to an elderly individual
2:03:34
from October 13th of 2025. And how do you plead to that
2:03:38
charge? Guilty.
2:03:39
Are you pleading guilty freely and voluntarily?
2:03:42
Yes. And are you pleading guilty
2:03:43
because you actually did what they've charged you with?
2:03:45
Yes, I have here on the tablet some documents that have your
2:03:49
signature on them that the state has marked as exhibit #1 Before
2:03:53
you sign these, did you go over them with Mr. Rojas?
2:03:56
Yes. Do you fully understand them?
2:03:57
Yes. And do you understand if I
2:03:59
follow the agreement that you've made with the District Attorney
2:04:02
that you will be waiving or giving up any right to appeal?
2:04:06
Yes. And it looks like the agreement
2:04:08
that you've reached is for a five year deferred probation.
2:04:11
There would be a $1000 fine. You would be required to follow
2:04:16
all of the rules and conditions of probation, which would also
2:04:19
include having no contact or communication with Manuel
2:04:22
Cardenas. Senior, do you understand?
2:04:23
Yes. Do you also understand if you're
2:04:26
not AUS citizen, that a plea of guilty or no contest may result
2:04:29
in your deportation, exclusion from admission to the country or
2:04:33
denial of naturalization under federal law?
2:04:35
Yes. State tenors #1 no objection.
2:04:38
It's admitted. Is there any evidence that
2:04:39
Mister Cardenas is not competent?
2:04:42
All right, Mr. Cardenas, I'm going to find that you entered
2:04:44
your plea of guilty freely and voluntarily.
2:04:47
Find that you're mentally competent and you understand the
2:04:49
nature and the consequences of your plea.
2:04:51
Find sufficient evidence to find you guilty.
2:04:54
However, I'm going to reset your case for sentencing so that the
2:04:56
probation department can do a pre sentence report that'll give
2:05:00
me more information about you and your case so that we can
2:05:03
make sure everything is covered that needs to be while you're on
2:05:05
probation and then we'll come back later for sentencing.
2:05:09
And it looks like the state's already you're opposed to a
2:05:12
bond. I am judged just due to the
2:05:14
nature of the case and the underlying need for that
2:05:17
competency evaluation. I have not had an opportunity or
2:05:22
have not heard back from Mr. Cardenas senior.
2:05:24
And I would just prefer with that PSI to make sure if there's
2:05:27
any APS orders, etcetera in place that we have pretty strict
2:05:32
no contact structure. Obviously that's his father.
2:05:35
So it's. All right, we'll see you back in
2:05:37
sentencing. You can go back with the
2:05:39
bailiff. Kelvin Johnson.
2:05:42
Mr. Rojas, it's a sentencing. Kelvin Johnson.
2:05:47
Well, we wait for Mr. Johnson to approach.
2:05:51
A shout out and a thank you to Grandma TCFI got up for a second
2:05:55
to investigate because I smelled something.
2:05:57
Grandma TCF baked fresh blueberry muffins, which I'm
2:06:01
sure she did because she knows they're my favorite, so
2:06:04
hopefully I get one or ten. But in any case, thank you
2:06:08
Grandma TCF. Good morning.
2:06:10
Are you Kelvin Johnson and this is 25 DCCR 1781.
2:06:16
Mr. Johnson was previously for entered a plea of guilty to the
2:06:19
state jail felony offense of theft of property with previous
2:06:22
convictions enter pleas of true to prior convictions, making
2:06:28
this a third degree felony enhanced The agreement was for a
2:06:31
cap of five years in prison and I've received the pre sentence
2:06:34
report. Have you both had an opportunity
2:06:36
to review that report? We have your own any additions
2:06:40
or corrections out from defense? State.
2:06:42
All right, Mr. Rojas, you may proceed.
2:06:44
Thank you, Judge. Obviously, Judge when you look
2:06:46
at this PSI which stands out as criminal history looks rather
2:06:50
lengthy on paper. I'm pulling out for the court
2:06:52
that most of the misdemeanors anyway are are trespassing
2:06:55
cases. And and I would yes.
2:06:59
And Mr. Johnson told me this is the case that that most of
2:07:02
those, because he was homeless didn't have any place to go.
2:07:05
And if the court knows if you're homeless and don't have any
2:07:07
place to live, you're going to probably pick up some
2:07:09
trespassing cases. He he does have two prior cases
2:07:13
which for him, he got probation and was revoked.
2:07:16
I understand that's not a good track record when we're going
2:07:19
from here asking for probation. I will point out that I think
2:07:25
the most or or the filing probation case was in 2000 and
2:07:30
the one where he was revoked on the misdemeanor was in 2020.
2:07:32
So a little bit of time has passed between those two as far
2:07:37
as this current case is concerned.
2:07:39
If he at his statement, he looks like he was stealing food and
2:07:43
clothes necessities $72 worth, which would ordinarily be a
2:07:49
misdemeanor, but for the fact that he already has the two
2:07:51
prior theft cases and the other felony case would bump up to a
2:07:56
third degree. He's asking for probation judge.
2:07:59
And again, the the felony history anyway is from the last
2:08:03
felony case is from 2003. It looks like 23 years ago.
2:08:10
He tells me that prior to being arrested he was working for a
2:08:14
church being paid on a daily basis.
2:08:16
I also did some work for a car dealership out in Silsbee.
2:08:20
He tells me he can go back to both of those jobs.
2:08:23
The car dealer, he doesn't have transportation, but the car
2:08:25
dealership came and picked him up and took brought him back and
2:08:27
forth to work. So that's that shouldn't be a
2:08:28
problem as long as it kept. That job is still there.
2:08:31
According to PSI, he's going to be living with his mom.
2:08:34
So we're asking the court to consider probation, a deferred
2:08:38
probation term. If the court is not inclined to
2:08:40
do probation, I would ask for the minimum term on this two
2:08:44
years given the fact that things you were stealing necessities
2:08:48
and the length of time since his prior felony convictions.
2:08:52
Thank you, Mr. Rojas. Miss Malfino.
2:08:55
Judge, I don't think he's necessarily not a candidate for
2:08:58
probation. I think it would.
2:08:59
It should include safety, in my opinion.
2:09:02
I would. The PSI reads as if he expressed
2:09:05
interest in that. I would I would like to ask him
2:09:08
if he really wants to take advantage of that.
2:09:10
Otherwise, we're just going to be back here in your own.
2:09:12
Situation. And I thought Mr. Johnson did
2:09:14
want to speak to chess. Whoever all.
2:09:16
Right. Go ahead, Sir.
2:09:17
So the first charge I ever got, it was in 9/9.
2:09:21
I did my time, I got out, I had a family.
2:09:23
I lost it. Because me and my wife got into
2:09:25
it when she took me to kissing with them.
2:09:28
I not gave up but I became homeless.
2:09:31
I got all them trespasses. Then I started stealing food and
2:09:35
clothes out the store. But being in the pounding for
2:09:40
the months I've been in there, I see it was wrong.
2:09:42
You know one thing about me, I live and learn, but two things
2:09:45
happened as I was doing what I was doing.
2:09:47
I stole out the store and the police came up to me, which they
2:09:51
didn't bring me to jail. He told me this one thing.
2:09:53
He said you didn't have to do this.
2:09:54
They would have gave you the food.
2:09:56
And they showed. Me, instead of stealing, I could
2:09:58
just ask. And then another time I was
2:10:00
panhandling on College Street at the burrito place, and across
2:10:03
the street was a car wash. And instead of me, I looked and
2:10:08
I thought about something and I crossed the street and I started
2:10:11
asking them to watch their calls.
2:10:13
So what I'm getting at that is it's better to work than to be
2:10:16
doing all that, you know? It's a different way that I'm
2:10:19
going to go by doing things this time, you know?
2:10:22
How old are you? 4:00 to 5:00.
2:10:24
Yeah, time to start doing things, yes.
2:10:26
Ma'am. Anything else?
2:10:28
So here's the thing, Mr. Johnson.
2:10:31
If I give you an opportunity today, it's probably going to be
2:10:36
the worst I could do today is give you 5 years in prison.
2:10:38
If I sent you to prison, you'd be out in two or three years and
2:10:43
that'd be it. If you really want to change
2:10:45
your life and you want probation, it's going to be for
2:10:47
a longer period of time. And if you violate the sentence
2:10:51
could be for a longer period of time.
2:10:53
It's going to require safety so that you can have the tools to
2:10:56
be successful to not turn to alcohol and drugs and things
2:11:00
like that. So I'm going to kind of leave it
2:11:03
to you. If you really want that
2:11:04
opportunity, I want you to take it.
2:11:07
I'll give it to you today based on you've been very upfront.
2:11:11
Your history is all clearly because of homelessness and
2:11:15
drugs. So I mean that's clear.
2:11:16
So if you want to change, I'll give you that opportunity.
2:11:19
Is that what you want? Well, probation.
2:11:21
Yes, ma'am. OK, so here's what I'm going to
2:11:24
do, Mr. Johnson. I'm going to find that you
2:11:26
entered your plead guilty freely and voluntarily previously.
2:11:29
Find sufficient evidence to find you guilty, guilty and at this
2:11:32
time find you guilty of theft of property with previous
2:11:36
convictions. Find those prior convictions
2:11:38
that you pled true to true sentence you to a term of 10
2:11:43
years in the institutional division of the Texas Department
2:11:45
of Corrections. But I'm going to suspend that
2:11:48
you'll be placed on probation for 10 years.
2:11:51
You'll be ordered to follow all of the rules and conditions of
2:11:53
probation. Yes ma'am.
2:11:54
That is going to include entering and successfully
2:11:57
completing the safety program. So you'll go to the inpatient
2:12:00
part of safety in custody and then you'll get out.
2:12:03
You'll have aftercare. All of that's going to help you
2:12:05
find place to live get hopefully a job, stay clean, do everything
2:12:09
you're supposed to. If you do everything you're
2:12:12
supposed to then for all practical purposes your case
2:12:15
here in court's over you'll be able to serve that 10 year
2:12:17
sentence while you're out on probation.
2:12:20
But the other side to of it is if you violate your probation,
2:12:24
I'm going to see all this history, I'm going to wonder why
2:12:26
I gave you this opportunity and you're going to end up with that
2:12:28
10 years that I just gave you. You understand.
2:12:31
All right, so I'm going to hand you the trial court
2:12:33
certification that shows this was an agreement that I
2:12:36
followed. So you have waived your right to
2:12:38
appeal. I'm also handing you a written
2:12:41
and monitored regarding your ineligibility to possess a
2:12:44
firearm or ammunition. Because of the judgment entered
2:12:47
against you, you're ineligible under Texas law to possess a
2:12:50
firearm or ammunition. Possession of a firearm or
2:12:53
ammunition could lead to charges against you.
2:12:56
If you have questions about the laws that make you ineligible to
2:12:58
possess a firearm or ammunition, or about how long that lasts,
2:13:01
you can talk with Mr. Rojas. Good luck to you, Sir.
2:13:05
Thank you. No, no, fine.
2:13:09
Okie dokie friends, we're in our final 20 minutes or so of TCF
2:13:12
live for today. Let's change it up.
2:13:15
Head slightly E go to Louisiana, check in on the board.
2:13:20
Poindexter. Yes, ma'am, I am all right.
2:13:27
The time is now, 1023, and this is Terrebonne Parish
2:13:33
Correctional Center where you're located.
2:13:38
The board members or myself, Miss Stapleton.
2:13:42
And then on Zoom, we'll be joined by Mr. Freeman and Mr.
2:13:46
Prater. For the record, Mr. Poindexter,
2:13:50
will you please say your name and give your DOC number?
2:13:53
I am Gregory Poindexter, 4226 O four.
2:13:58
OK. All right.
2:14:00
Is there anyone in the room with you that wants to speak?
2:14:03
I am OK. All right.
2:14:05
Thank you. All right.
2:14:07
Do you remember signing a questionnaire and do you have?
2:14:10
No. OK.
2:14:11
All right. Well, based upon the
2:14:13
questionnaire that you signed and the answers you gave, not
2:14:16
eligible for appointed attorney. OK.
2:14:21
You understand that, ma'am? Based upon the.
2:14:25
Questionnaire, you are not eligible for an appointed
2:14:29
attorney. All right.
2:14:31
OK, so proceed. Yes, ma'am.
2:14:35
OK. All right, let's see.
2:14:39
So at this. Time Sir, I'm going to read your
2:14:42
violations, reasons that you were revoked, OK #4.
2:14:48
I will not. Engage in any criminal activity,
2:14:52
nor will I associate with people who are known to be involved in
2:14:55
criminal activity. I will avoid bars and casinos.
2:14:59
I'll refrain from the illegal use of drugs or alcohol.
2:15:03
You engaged in criminal conduct owner about 182024 when you were
2:15:09
arrested by the Homeland Police Department for coming for
2:15:12
committing the offense of illegal discharge of a firearm
2:15:16
or felony. Additionally, you are being
2:15:19
charged with an additional felony of possession of a
2:15:22
firearm by a convicted felon. As for bill information filed on
2:15:27
7/18/2024 by the 32nd Judicial Court of Terrebonne Parish, you
2:15:33
further engaged in criminal activity, criminal conduct on or
2:15:39
about 5:20. 5. 2022, when you committed the offense of
2:15:43
telephone harassment, which was a misdemeanor, and were arrested
2:15:47
by the terrible, terrible Paris Sheriff's Office.
2:15:51
OK, at this time, Sir, how do you plead?
2:15:53
Guilty, not guilty or guilty with a statement?
2:15:57
Oh, not guilty. OK.
2:15:59
Did you want to make a statement about it, Sir, as to why you say
2:16:02
you're not guilty? Yes, ma'am.
2:16:05
OK, what is your statement, ma'am?
2:16:06
I'm going to be honest with you. I don't know how I need to add
2:16:10
the gist as Kane. Kane born.
2:16:13
But I just want to say the Apartment of Correction Center
2:16:17
Parole Board could find it in their heart and in their power
2:16:21
to reinstate my parole. Because I do not do.
2:16:24
Nothing about the allegations that came born.
2:16:27
OK, well, I've got you. And so it says that there were
2:16:34
10 to 12 gunshots in the direction of the Thirsty 30
2:16:39
Sports bar and that the owner, she identified you and she knew
2:16:45
you as a Bloodline Poindexter and that you fired numerous
2:16:50
shots from a pistol in front of her establishment.
2:16:54
And shortly after firing the shots in the air, Bloodline
2:16:57
departed in the area in an unknown vehicle.
2:17:01
All right, so she called your Facebook and you answered.
2:17:06
When she called, she asked and they had their body camera on.
2:17:10
OK. And so she asked, he shot the
2:17:16
gun outside her bar. The entire conversation was
2:17:18
captured by the department and issued with the body Cam.
2:17:23
After receiving the information, I returned.
2:17:27
To speak to the. Female.
2:17:28
This is the officer talk. And so later they found 12 shell
2:17:32
casings which were photographed and then correct and then they
2:17:38
were collected and then goes on to say I feel confident
2:17:41
Bloodline Poindexter is Gregory Poindexter.
2:17:45
That was the evidence, some of paraphrasing for the arrest
2:17:49
warrant for the gun. Any thoughts as?
2:17:52
I said I don't know, I don't know who came up with the all
2:17:55
the accusations on me because I've been here 2 years and when
2:18:01
I went to court it, it dropped it all the way down.
2:18:03
What did they drop it down to? Disturbing.
2:18:07
The peace disturbing the peace. All right, so they found you
2:18:12
guilty, but they gave you a plea bargain then.
2:18:14
Is that correct? Yes, ma'am. 30 days.
2:18:17
Huh. 30 days. OK.
2:18:21
All right. OK, what?
2:18:22
About the other. 1. Which was the phone harassing
2:18:27
phone calls? May 17th 2022 the deputy was
2:18:35
dispatched to a certain address in reference to harassing phone
2:18:41
calls and the lady said that that you advised you were going
2:18:47
to jail and it'd be because he killed her and her daughter.
2:18:52
You got any thoughts about that one?
2:18:55
He he he killed he killed her. Yeah.
2:18:57
That that was if she if she reported it and did anything
2:19:01
about it that you would kill her and her daughter.
2:19:03
You need No ma'am, No ma'am. No, no, no, no.
2:19:06
Well, the person that that did the the claim for harassing
2:19:12
phone. Calls.
2:19:14
Is this a? Person that you have a
2:19:17
relationship with still, Yeah. Baby mother.
2:19:22
Your baby's mother, That's male. Yeah.
2:19:25
And. So.
2:19:26
Did she tell you to leave her alone?
2:19:28
Splitting that time. Splitting that time?
2:19:32
So maybe you did call her during that time.
2:19:34
My, that's male. Might have called it but.
2:19:38
They didn't say nothing like that, too.
2:19:40
OK, All right. And she was advised by the
2:19:46
police to change her phone number.
2:19:47
Have you been in contact with her since then?
2:19:50
No, ma'am. Before I came to jail, we was in
2:19:53
contact. Before you were in jail, you
2:19:56
were in contact? Yes, ma'am.
2:19:58
That's who I was with the day I got arrested.
2:20:00
That's who you were with. Yes, ma'am.
2:20:03
OK. It says you're due to severity
2:20:06
of the phone calls and this lady's testimony, they were
2:20:12
unable to make contact with you. That that I will be issuing a
2:20:17
warrant or your arrest. For telephone rising threats.
2:20:21
So that's what was on on the warrant.
2:20:25
Did my colleagues have any questions from the panel?
2:20:29
I do. OK.
2:20:32
Mr. Point, I'm actually this. So why would they say you had a
2:20:37
gun outside that bar? Were you at the bar?
2:20:40
No, Sir. No, Sir.
2:20:43
So why do you think she would say that?
2:20:46
I don't know. So did you ever got go by the
2:20:48
name of bloodline? That that was my favorite book
2:20:51
name. Yeah, that's all.
2:20:53
OK. I didn't I didn't I didn't have
2:20:56
any girl. And I know I was on how much
2:20:59
parole I'm on and know where I've been out there like that
2:21:02
since I've been in. I lost my job.
2:21:04
My daddy had five 5 or 6 heart attacks and open heart surgery
2:21:09
and I missed two of my baby birthdays and while like I just
2:21:13
thrown up. See, Department of Arrested
2:21:17
Parole Board could find any harder in their power to
2:21:20
reinstate my parole. I would love it.
2:21:23
But for the person who put default accusation on me, I
2:21:27
forgive them. OK.
2:21:28
And you, you you was in jail. You've been in jail almost two
2:21:31
years. I've been in jail.
2:21:33
All the charges, all the charges are gone except the telephone
2:21:37
harassment, right? You hadn't been to court on it.
2:21:39
No, no. All of you stopping in 2022, by
2:21:43
the way. Yeah.
2:21:44
All of them gone. OK, You gave me the 30 days
2:21:47
gone. All three.
2:21:48
All both of them, right? Yeah, even.
2:21:51
Yeah, the victim even said it was a long, long time ago.
2:21:54
OK. All right.
2:21:56
OK. I have no further question.
2:21:58
Mr. Prider. Yeah.
2:22:00
So you're a 6th felony offender, correct?
2:22:03
Yes, Sir. OK.
2:22:05
How many times? You've been on parole.
2:22:08
I, I I do, right? Quite a few.
2:22:12
Yeah, that's true. Have you ever been revoked?
2:22:15
Before. I don't think so.
2:22:17
I always been done my time. Go go to DLC and do my time.
2:22:21
What you saying? Were you even at the bar?
2:22:25
No, Sir, you weren't there. But you pled guilty.
2:22:30
I plead guilty to. Sterling.
2:22:33
Peace, Sterling. The peace and the incident
2:22:37
occurred to the bar, Right, Sir? Didn't the shots in the air
2:22:42
occur at the bar? That that was the person who
2:22:45
said that. That what she said.
2:22:47
But I ain't doing something. But why'd you plead guilty?
2:22:50
I plead guilty because it was a misdemeanor, Sir.
2:22:53
OK, Mr. Pondex, That's yes. As I said, you're a 6th felony
2:22:59
offender. And so.
2:23:01
And you pleading for mercy before the board here.
2:23:04
How much more mercy can you have than us to glad you on parole
2:23:09
for for six different paths for six different crimes and and and
2:23:15
you still continue to violate the law and plead guilty to
2:23:18
violating the law. I mean, you just saw the
2:23:20
questions I got, Madam Chair. Yes, Sir.
2:23:24
And and Mr. Poindexter, the fact that did plead down to
2:23:29
disturbing the peace you would have had to been present at the
2:23:33
bar to disturb peace there. So you so that would that placed
2:23:38
you at the bar that don't get you disturbing the peace there.
2:23:42
You understand. No, I thought like disturbing
2:23:46
the peace could be like any on on any St. not just at a bar,
2:23:52
but but the issue was the shots. In the air.
2:23:56
With the with the. Bar.
2:23:58
The gun being shot well, when when the judge told me I'm a
2:24:02
mini year charged to stirring a piece.
2:24:04
OK. That's why I'm OK, All right, Is
2:24:08
the is the board. Ready to vote?
2:24:12
I don't know. That's mine.
2:24:14
OK. All right.
2:24:17
Please. OK.
2:24:18
What would you like to say, Sir? See, I feel like they're about
2:24:22
to own, right? Revoke me in any kind of way,
2:24:27
but I could get out of my street credits.
2:24:29
So y'all going to revoke them? So that's handled by someone
2:24:32
else. Mr. Freeman, can you can you
2:24:34
lead off with the vote please? Do you mind?
2:24:38
No ma'am. My vote today is going to be the
2:24:45
six felony offended. You plead guilty to disturbing
2:24:48
the peace. Lady said you had a gun outside
2:24:50
the bar. I'm going to find and guilty of
2:24:52
condition #4 in my vote today is going to be to revoke.
2:24:55
All right, Mr. Brader, her, he in my estimation, he had a gun
2:25:01
out there, but he plead guilty to a lesser crime and he'd been
2:25:04
on parole or or he's had 6 felonies.
2:25:07
And so my vote is violation of condition #4 revoke.
2:25:11
And so I agree with my colleagues, violation of
2:25:15
condition #4 to revoke. And so today, Sir, your parole
2:25:20
has been revoked and the time is 1037.
2:25:25
Okie dokie friends, a few minutes left, Let's go back to
2:25:29
Judge W one more time. Good morning.
2:25:33
Are you Mark Anthony Newell and Mr. Rojo Hostel, your client
2:25:37
with the formal reading of the motion?
2:25:39
He Will Young, Mr. Newell and clause number 23, DCCR 0916.
2:25:44
I have a first amended motion to revoke your community
2:25:47
supervision shows that you were placed on probation July 2nd of
2:25:51
2024 for the state jail felony offense of evading arrest or
2:25:55
detention with previous convictions.
2:25:58
And that was a two year term in the state jail prison that was
2:26:00
probated for five years. Is that correct?
2:26:03
Answer out loud please. Thank you.
2:26:05
It alleges you violated your probation.
2:26:07
Count 1 alleges that you failed to work faithfully and suitable
2:26:11
employment and provide verification of that.
2:26:13
Is that true or not true? Count 2 alleges that you failed
2:26:17
to immediately report to the probation officer your address
2:26:20
change. Is that true or not true?
2:26:23
Count 3 alleges that you provided a urine sample October
2:26:26
29th of 2025 that tested positive for marijuana.
2:26:30
Is that true or not true? True Count 4 alleges that you
2:26:35
provided a urine sample March 4th of 2026 that also tested
2:26:39
positive for marijuana. Is that true or not True?
2:26:42
Count 5 alleges that you admitted to your probation
2:26:45
officer that you were using K2 or synthetic marijuana on March
2:26:49
4th of 2026. Is that true or not?
2:26:51
True Count 6 alleges that you failed to provide verification
2:26:55
of completing the community service hours as required.
2:26:58
Is that true or not True? Count 7 alleges that you're
2:27:01
behind in your court assessed fees as of March 4th of 2026 in
2:27:05
the amount of $2020.00. Is that true or not true?
2:27:08
Count 8 alleges that you failed to report in person to the
2:27:12
Harris County Probation Department February 12th and
2:27:15
February 26th of 2026, is that true or not true?
2:27:19
And then Count 9 alleges that you failed to report to
2:27:22
Jefferson County either online or by mail for the months of May
2:27:27
of 2025 and then January and February of 2026.
2:27:31
Is that true or not true? Did you enter your pleas of
2:27:33
truth accounts one through 9 freely and voluntarily?
2:27:36
Did anybody force you to plead true to those counts?
2:27:39
I. Just want to get this over.
2:27:41
Well, so did you plead true to those counts because they're
2:27:44
actually true. OK.
2:27:46
I have here on the tablet some documents that have your
2:27:49
signature on them that the states marked as exhibit #1
2:27:52
Before you sign these, did you go over them with Mr. Rojas?
2:27:57
And you fully understand them? And you understand if I follow
2:28:00
the agreement that you've made with the District Attorney that
2:28:03
you'll be waiving or giving up any right to appeal state
2:28:06
tenders #1? No, it's admitted.
2:28:08
Is there any evidence that Mister Newell is not competent?
2:28:11
All right, Sir, I'm going to find that you entered your pleas
2:28:14
of Trude accounts one through 9 freely and voluntarily find
2:28:18
those counts true, find sufficient evidence to revoke
2:28:21
your probation. And at this time, I'm going to
2:28:23
revoke your probation, Reassess your punishment in accordance
2:28:26
with your agreement to a term of 18 months in the state jail
2:28:29
prison. You will receive credit on that
2:28:31
sentence for any time that you've been in custody that the
2:28:34
law gives you the right to receive.
2:28:36
I've handed you the trial court certification that shows that
2:28:39
this was an agreement that I followed.
2:28:41
So you did waive your right to appeal.
2:28:44
You've probably already received the other, but just in case, I
2:28:47
handed you the sort of the admonishment regarding your
2:28:50
ineligibility to possess a firearm or ammunition.
2:28:53
So because you have a felony conviction, you're ineligible to
2:28:56
possess a firearm or ammunition. If you have any questions about
2:28:59
that, you can read that document or ask Mr. Rojas.
2:29:03
Good luck to you, Sir. You can go back with Bailiff.
2:29:04
Thank you for being here man. All righty, friends, that will
2:29:06
bring it to a close for this morning, but we will be back
2:29:09
tonight for sidebar right here in this channel. 8:00 PM
2:29:12
Eastern, 5:00 PM Pacific. Do be sure to join us.
2:29:15
It's episode 68. I can't believe it's 68 already,
2:29:19
but it will be the only sidebar this week.
2:29:22
We're not going to do one Thursday evening because of the
2:29:25
upcoming holiday weekend, so do join us tonight.
2:29:29
And of course, I'll be back tomorrow morning. 9:00 AM
2:29:30
Eastern, 6:00 AM Pacific, half an hour earlier if you are a
2:29:33
channel member. I hope you enjoyed today, I know
2:29:36
I did, and look forward to seeing you all soon.
2:29:39
In the meantime, go have yourselves a great day.
2:29:42
Take care, God bless.