Latest / The Courtroom Files / March 9 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #246

Transcript

March 9 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #246 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Monday.
• 0:02
  Early start for TCF live this morning.
• 0:05
  We'll start our day in Royal Oak Michigan.
• 0:07
  This is the 44th district court Magistrate.
• 0:11
  Mm-hmm. Yes, good morning.
• 0:13
  Miss bias, today's date and time.
• 0:15
  Set for your informal hearing Miss bias.
• 0:17
  These are civil proceedings of a non-criminal nature.
• 0:20
  Nobody's going to jail this morning on these traffic
• 0:23
  tickets. In fact, both of these appear to
• 0:25
  be documentary in nature. But they are important enough
• 0:29
  that officer Francis did Issue you the citations on the date.
• 0:33
  In question that date, Miss bias was January 23rd of this year at
• 0:39
  about 20 minutes of nine. In the evening.
• 0:41
  You were operating on 2023. Black Tesla Model 3 on 6th
• 0:48
  Street Veterinary Center in the City Royal Oak at that place in
• 0:50
  time you were sighted or disobeying a stop sign and for
• 0:57
  having no registration on your person.
• 0:59
  So one of these is a moving violation.
• 1:01
  The other one is documentary. Um, and you have three options
• 1:07
  to protect your own rights. Mis bias, you may admit
• 1:11
  responsibility to these citations.
• 1:13
  The court will attach a fine between 0 and the maximum and
• 1:16
  that will close the case. You could admit responsibility
• 1:19
  with an explanation that you believe mitigates your
• 1:22
  circumstances that could obviously include displaying an
• 1:25
  updated registration as well, or you have every right to deny
• 1:29
  responsibility? If you do, so, we will conduct
• 1:31
  your trial forth with the court, will swear the parties under
• 1:34
  oath, the obstacle testify first, then you will testify and
• 1:38
  then the court will make finding a responsible or not responsible
• 1:41
  based upon the Civil burden of proof a mere preponderance of
• 1:45
  the evidence. So as to no registration on
• 1:50
  person and disobey stop sign do you wish to admit admit and
• 1:56
  explain or deny responsibility? Even explained very well should
• 2:02
  confirm to the court that on the date.
• 2:04
  In question, you are operating motor vehicle in the city of
• 2:06
  Royal Oak. You did not have a registration
• 2:11
  on your person at the time of the request and you did.
• 2:14
  Um, disobey a stop sign. Correct.
• 2:22
  That I didn't stop. Longing.
• 2:24
  Okay. I don't want you to do anything,
• 2:26
  you don't want to do. So, you know, I mean, if that's
• 2:29
  my explanation is I didn't like says, full stop but if you know
• 2:34
  So, you wish you want to take responsibility for that.
• 2:38
  Responsibility with explanation. Yes.
• 2:40
  Thank you. So um what if anything would you
• 2:44
  like to tell the court must buy us?
• 2:48
  You have my registration so I can show that.
• 2:50
  Okay, that's great, go ahead. And if you have that you can
• 2:55
  hold it up to your device and say your name, please.
• 3:00
  Netta, same base. Um, officer Francis.
• 3:07
  Can you make that out? On you, please officer.
• 3:15
  Shows up. backwards officer Francis, can you unmute Our long
• 3:22
  night last night. Oh he said yes, I'd like to
• 3:25
  dismiss that portion of the citation.
• 3:27
  Okay. So the registration on person is
• 3:30
  dismissed And respect. Go ahead. for the Violation the
• 3:39
  traffic. Yeah.
• 3:41
  I guess maybe I I have a Tesla. It's a one break.
• 3:46
  Situation. I mean it's a one pedal
• 3:47
  situation so I removed my foot off of the gas and maybe it
• 3:52
  wasn't long enough, I have my daughter's type one diabetic and
• 3:55
  I have alarm that goes off when her blood sugar is really low so
• 3:59
  maybe one off at the same time so maybe it was like a momentary
• 4:04
  thing that I didn't stop long enough.
• 4:07
  Because I was trying to, you know, and then I was going to
• 4:10
  stop to, you know, see what was wrong.
• 4:13
  Understood the young. People call that a California
• 4:17
  roll, but it's important to come to a full stop.
• 4:22
  Safely when we can't officer anything with respect to the
• 4:26
  stop sign. um, yes, I like to make the most Okay, Miss buys
• 4:34
  the impeding traffic offense, is a 0.5 violation will never
• 4:38
  appear on your master driving record, that's acceptable to
• 4:40
  you. You very much.
• 4:45
  So your original Please assumes a plea to impeding traffic.
• 4:49
  The sanction is 175 dollars. That is payable to the pay
• 4:53
  portal on the port of 4th District Court website.
• 4:56
  Or you can walk or cash check or charge into this court, at 400
• 4:59
  East 11 Mile Road money through Friday, between 8:30 and 4:30
• 5:02
  that's due within 14 days, just get a little bit more familiar
• 5:06
  with that. That vehicle viewers and I hope
• 5:10
  your daughter's doing well. Take care.
• 5:13
  Yeah. Well, in case number 26 are
• 5:36
  00519. This is people versus sharing
• 5:41
  James Coachella. Yeah.
• 5:44
  Yeah. It's a little hard with my last
• 5:45
  name is because you are impulse, but it's a ramble.
• 5:49
  Yeah. All right.
• 5:50
  Welcome 44 just report Mr. Coach.
• 5:53
  Today's date and time, set for your informal hearing and
• 5:56
  informal hearing is a non-criminal preceding.
• 6:00
  Nobody's going to jail today on this ticket.
• 6:03
  However, this considered serious, not the officer issued
• 6:05
  the citation on the date question.
• 6:08
  And that day was Mr. Coach brumble.
• 6:11
  January 27th of this year? At two minutes past 8 in the
• 6:15
  evening? Yeah.
• 6:17
  You were operating a 2019, Subaru, Crosstrek white and
• 6:20
  color and 11 Mile Road, Edinburgh, Washington Avenue in
• 6:23
  the city of Royal Oak at that place.
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  In time your sighted for a disobeying, a traffic control
• 6:28
  device. The officers were showing on
• 6:33
  your ticket indicates observed vehicle Northbound on Lafayette.
• 6:35
  Turn eastbound. Or.
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  Right onto 11 Mile Road and it is posted no turn on red their
• 6:46
  officer Francis of the Court recalls that's just opposite of
• 6:50
  the McDonald's, right? That is correct.
• 6:52
  All right, so Mr. Coachella, the suggestion is for disobey
• 6:58
  traffic control. Device you have three options to
• 7:04
  protect your rights. You may have knit responsibility
• 7:06
  in this matter, you can admit. And explain.
• 7:10
  Or you have every right to deny responsibility in the court,
• 7:13
  will swear the parties under oath, we will conduct your trial
• 7:16
  forth with the actual testified first.
• 7:18
  Then you are to testify and then the court makes a finding a
• 7:22
  responsible or not responsible, but please remember because
• 7:26
  we're in civil court, that burden of proof is a mere
• 7:30
  preponderance of the evidence, otherwise known as the
• 7:33
  featherweight test So as to disobey traffic control device,
• 7:38
  we wish you admit admit and explain or deny responsibility.
• 7:43
  well, I'll admit that I think and much.
• 7:47
  So you wish to confirm that on The Dating question, you are
• 7:49
  operating motor vehicle in the city of Royal Oak and
• 7:52
  intentionally or otherwise just obeyed a traffic control device,
• 7:57
  correct? Yes I didn't I didn't see the
• 8:00
  sign. So I I went back, I saw the
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  sign. I was like, okay, well the court
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  is grateful for your honesty. Honesty is always the best
• 8:10
  policy frequently. And this is a safety to implies
• 8:15
  to everybody including this court.
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  So it's always a good reminder um frequently when we think
• 8:21
  we're going to be making a right turn.
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  We'll skinny up a little bit further on that intersection and
• 8:26
  we might actually pass the signage.
• 8:29
  Yeah, so if you start getting way older like the court does
• 8:34
  she'll find yourself in a circumstance where you almost
• 8:36
  want to back up to make sure you're not doing the wrong
• 8:38
  thing. But yeah, and again then you can
• 8:40
  get sighted for improper backing so the rule of thumb is always
• 8:44
  take your time always be mindful.
• 8:46
  So the court is grateful for you or candor.
• 8:50
  And officer Francis. What would you like to share?
• 8:53
  Oh yes, your honor obviously with the honesty and a very good
• 8:58
  clean driving record. I'd like to make the motion to
• 9:00
  amend this to impeding traffic. Okay.
• 9:03
  Um Mr. Culture prompto, impeding traffic is a 0.5 violation.
• 9:09
  Master driving record that's acceptable to you.
• 9:12
  Yeah, very well. Your original, please assumes,
• 9:15
  depleted impeding. The finest 175 dollars that is
• 9:19
  payable through the paid portal on 44th district court website,
• 9:22
  or you might want to have circuit charging into this court
• 9:24
  at 400 East 11. Mile Road, Monday through
• 9:27
  Friday, between 8:30 and 4:30. That's going to be within 14
• 9:31
  days, that complete your hearing.
• 9:32
  Just always be mindful of the signs and the stripes and the
• 9:38
  signals take care. Yeah.
• 9:39
  Thank you. Yeah, I didn't notice it until
• 9:42
  it was on a curve. So I was like, I went past it,
• 9:46
  and I didn't see it. So yeah.
• 9:48
  All right, you can't answer. One.
• 9:51
  Once again everybody it's a mischievous Monday here at TCF
• 9:54
  live Ellie just connected half of my stuff but the stream still
• 9:58
  Cup going and I managed to rebuild everything and she is
• 10:02
  now banned from being up here, but it looks like she's doing
• 10:05
  biscuits on her bed down by my feet.
• 10:08
  So hopefully she just sleeps at off.
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  All right, let's let's go to Allegan County Michigan.
• 10:15
  This is just sell us. Yes, sir.
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  I was this morning you signed this pardon that I was in the
• 10:24
  wrong. I know that when got everything
• 10:26
  taken care of right after. So Okay, on February 23rd, you
• 10:34
  signed this yellow advice of right sheep before you sign that
• 10:37
  sheet. Did you read and understand all
• 10:39
  those rights? Yes, sir.
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  Those are your trial rights if you plead guilty to all three of
• 10:46
  these cases you will not have a trial of any kind and you've
• 10:50
  been giving up. All those trials, including the
• 10:52
  right to have an attorney represent you to understand
• 10:55
  that. Yes, as anyone promise you
• 10:59
  anything, regarding what you're sentences will be if you do,
• 11:02
  please guilty. No, sir.
• 11:04
  Anyone threatening you to force you to do this?
• 11:07
  No sir. Is it your choice to please
• 11:11
  guilty? Yes, sir.
• 11:13
  And are you pleading guilty to these charges because you
• 11:17
  believe you're guilty of these charges.
• 11:20
  Yes, sir. Get all three up.
• 11:23
  These files were initiated through citation issued by the
• 11:26
  elegant County Sheriff's Department, the states on
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  February 16th of this year and approximately 8:00 in the
• 11:33
  morning. You operate a motor vehicle on a
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  100 24th Avenue Wheeling Township.
• 11:39
  Here in Allegan County where you operating a motor vehicle on
• 11:42
  that date and at that location. yes, so, um, I was on my way to
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  work and I pulled into the parking lot and that is when he
• 11:52
  flicked me, We operating a 2002 Chevrolet.
• 11:57
  Yes. The first allegation in the
• 12:02
  citation is you fail to transfer vehicle title within 15 days.
• 12:06
  When did you purchase that 2002? Chevy Oh my girlfriend,
• 12:11
  purchased the early years in the summer because she was gonna use
• 12:16
  that to run the mail route. All and then I had a truck and
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  then the transmission went out not too long ago so I just
• 12:25
  started driving that back and forth Lee just moved into her
• 12:29
  parents house. Try to save some money up.
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  And we just have gotten a good place and stuff on the vehicle
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  yet. So this was your girlfriend's
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  vehicle. Yes, and I was driving out.
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  Did your girlfriend? On her vehicle.
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  Yes. Okay, I'm not sure what's going
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  on here then because they're charging you with being the
• 12:57
  owner of the vehicle, not transferring title, within 15
• 13:00
  days. After you've purchased it, I
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  have an even heard that you purchased.
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  It just that you're driving around your girlfriend's car.
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  So can you screen him for an agency?
• 13:09
  Before we go because it sounds like we got some issues here on
• 13:14
  all three of these given. This is probably a ticket that
• 13:16
  should have gone his girlfriend and that's him and then you have
• 13:21
  that Mr. Boone, we're going to have the public defender.
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  Talk to you further on these three cases.
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  Don't go away. He'll get a breakout room with
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  you after he takes care of some other cases, okay?
• 13:31
  Okay. Thank you.
• 13:33
  Yep. Thank you and Taro Solomon
• 13:36
  borja. This is too sick. 0494 FY this
• 13:41
  morning for a Raymond Church through a felony complaint.
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  Is by the Allegan County Prosecutors office and in charge
• 13:47
  of carrying a concealed pistol in a motor vehicle.
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  Two is a misdemeanor Firearms charge as well.
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  Mister Patrick on behalf of Mr. Boerhaave for The Limited
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  purpose of arraignment, we have reviewed the charging document
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  and wave its formal reading. He does qualify for a court
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  appointed attorney and request that this matter be set for a
• 14:09
  probable cause conference and a preliminary examination.
• 14:12
  Your honor. Thank you.
• 14:14
  And cut one is a felony charge and in District Court, you are
• 14:18
  entitled to a preliminary examination on a felony charge.
• 14:22
  As required, we are going to set this for you within two weeks.
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  There are no dates in the file killing You're probably caused
• 14:35
  conference is a week from Thursday, which is March 19th at
• 14:40
  1 p.m. and that will be in District, courtroom D
• 14:44
  preliminary examination. Itself is the following
• 14:47
  Wednesday, which will be the 25th of March at 9 a.m. in this
• 14:54
  courtroom. District courtroom a portfolio
• 14:57
  shows you posted a 1,000 surety bond for your release from jail.
• 15:01
  They will be continued in that amount condition of your bail
• 15:06
  due to this chart as he not be in possession of any Firearms.
• 15:09
  While your case is pending, although defenders office has
• 15:13
  determined Supporting an attorney for you at public
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  expense on attorney, from the public defender's office will
• 15:21
  discuss your case with you at the date and time of your next
• 15:24
  court appearance. Again.
• 15:25
  Your next court appearance is a week from Thursday at 1:00 in
• 15:29
  the afternoon. So you are free to hang up the
• 15:32
  corporate city today. Okay?
• 15:33
  Okay. About 260517 FY, people versus
• 15:39
  Philip Lee Pickett is this morning for arraignment shares
• 15:43
  through a multi count. Felony complaint issued by the
• 15:46
  elegant County Prosecutors Office.
• 15:48
  Count. One is a charge of making a
• 15:51
  false report or threat of terrorism.
• 15:54
  Count to a charge of malicious, use of a telecommunications
• 15:58
  service and count three malicious use of a
• 16:02
  telecommunications service. In here, honor Sam Badger appear
• 16:07
  on behalf of Mr. Pickens for The Limited purpose of arraignment,
• 16:10
  we have reviewed the charging document and wave at promo
• 16:13
  reading. He does qualify for a court
• 16:16
  appointed attorney and we request that this matter be set
• 16:18
  for a probable cause conference and a preliminary examination.
• 16:21
  Outer. Thank you.
• 16:24
  Cancer count. One is a felony charge, and in
• 16:27
  this record, you are entitled to a preliminary examination on a
• 16:32
  felony charge as required. We are going to set that for you
• 16:35
  within two weeks. Your probable cause conference
• 16:39
  is a week from Thursday, which is March 19th and that will be
• 16:43
  at 1 p.m. in District, courtroom D preliminary examination itself
• 16:49
  is the following Wednesday, March 25th at 9 a.m. in this
• 16:55
  courtroom District courtroom a bill was set at Warren.
• 16:59
  Authorization at 20,000 dollars cash or Surety.
• 17:02
  Quartile shows you posted a 20,000 surety bond.
• 17:07
  Our Public Defender's Office says, determined, you are
• 17:10
  Indigent and they will be appointing.
• 17:11
  An attorney for you at public expense on attorney, from the
• 17:15
  public defender's office. We'll discuss your case with you
• 17:18
  at the date and time of your probable cause conference again
• 17:22
  that's set for a week from Thursday at 1:00 in the
• 17:25
  afternoon. So you are free to hang up from
• 17:28
  the court proceedings. Today.
• 17:29
  Big expecting contact on that date from attorney from the
• 17:32
  public defender's office. Okay, okay.
• 17:36
  About 2605190 M Harold. C Swanson here this morning for
• 17:42
  a Raymond charge through a city ordinance.
• 17:45
  For trespassing Mr. Graduate Thank you here on our same
• 17:49
  Badger. Appearing on behalf of Mr.
• 17:51
  Swanson for The Limited purpose of arraignment we have reviewed
• 17:54
  the charging document and wave its formal reading.
• 17:57
  He is entering a plea of not guilty and he does qualify for a
• 18:00
  court appointed attorney and request that the smarter be set
• 18:03
  for a pretrial and a jury trial on her.
• 18:07
  Guilty pleasure, this for a jury trial indicate your requesting,
• 18:11
  an attorney at public expense bill in this church at 300
• 18:17
  dollars per square case to be set first for a pre-trial
• 18:21
  conference. That will be with the Allegan
• 18:23
  City attorney. If not result a little bit, will
• 18:26
  be set for a jury trial in this courtroom District courtroom a
• 18:30
  whole defenders office, says determined, you were Indigent
• 18:33
  and they will be appointing an attorney for you at public
• 18:36
  Express. So that attorney from the public
• 18:39
  defenders office will discuss your case with you at the date
• 18:42
  and time of your pre-trial conference, the date and time
• 18:46
  will be sent with a clerk's office in the mail.
• 18:48
  So you are free to hang up in the corporate in this morning.
• 18:51
  Be expecting that in the mail. Okay.
• 18:53
  Thank you. About 260543 St.
• 18:59
  People versus Colin, James Van Der Moore.
• 19:02
  It is morning for arraignment. Charge through a citation
• 19:05
  issued, by the elegant County Sheriff's Department on the
• 19:09
  charge of fleeing. The scene of a property damage
• 19:11
  accident, Mr. Badger please. Thank you.
• 19:15
  Honor Sam Badger putting on behalf of Mr. Vander Moore For
• 19:18
  The Limited purpose of arraignment.
• 19:19
  We have reviewed the charging document and wave its formal
• 19:23
  reading and Mr. Vander Moore will be pleading guilty.
• 19:25
  This morning your honor Savannah Moore.
• 19:28
  Is that what you've agreed to do?
• 19:31
  Yes, you're okay. Charges a misdemeanor charge
• 19:39
  carries a maximum penalty of 93 days in jail and a 500 dollar
• 19:44
  fine knowing that you wish to plead guilty to the church, just
• 19:48
  playing the scene of an accident.
• 19:51
  Yes, sir. If you do, please guilty, you
• 19:55
  will not have a trial of any kind and you'll be giving up.
• 19:59
  All the following rights first the right to have a trial by a
• 20:03
  jury or a trial by a judge without a jury.
• 20:07
  And that would be at your choosing.
• 20:09
  It also have the right to have an attorney represent you, in
• 20:13
  this case, if you cannot afford one, you could request one at
• 20:16
  public expense. A trial.
• 20:20
  If you had one, you would have the right to call witnesses to
• 20:23
  speak for you on your behalf. If you needed assistance to get
• 20:27
  those witnesses to court, I would order them to appear on
• 20:31
  your behalf. And a trial.
• 20:33
  If you had one, you would have the right to see here and
• 20:37
  question, all the witnesses that were called against you.
• 20:40
  It also have the right of the trial to testify yourself or to
• 20:45
  not testify and remain silent. If you chose not to testify at
• 20:50
  your trial, the prosecutor cannot comment on that fact.
• 20:53
  Before the jury, finally, if you had a trial, this case, you
• 20:57
  should have the right to be presumed innocent, until the
• 21:00
  prosecutor proved the honor of reasonable doubt, that you were
• 21:04
  guilty of this church and 30, understand those rights that I
• 21:08
  have read to you. Yes, sir, those are your trial
• 21:12
  rights, but if you please, you'll see, you will not have a
• 21:15
  trial and you will give up all these trials, understand that.
• 21:19
  Yes, sir. As anyone promised you anything
• 21:23
  regarding what your sentence will be if you do please guilty
• 21:26
  today. know, you're Are you currently on probation or parole
• 21:31
  to any Court? Yeah. if you plead guilty to a
• 21:38
  new criminal charge while you're on probation, that's an
• 21:41
  automatic statutory violation of your probation and you can be
• 21:45
  imprisoned or jail on a probation violation, knowing
• 21:48
  that these still wish to plea guilty, no, your honor.
• 21:53
  Okay, we're going to have, you talked further to the public
• 21:56
  defenders office. He's got some other people to
• 21:59
  talk to, he'll come back to you in just a bit.
• 22:01
  So don't disconnect the fourth preceding, he'll talk to you in
• 22:05
  a few minutes, okay? All right.
• 22:08
  About 260511, FY, people versus Garrett Hosea with me get this
• 22:14
  morning for arraignment charge through a felony, complaint
• 22:17
  issued by the elegant County Prosecutors office and this is
• 22:22
  on a church. Hearing a concealed weapon in a
• 22:30
  motor vehicle, Mr. Badger, please.
• 22:32
  Thank you. I understand.
• 22:33
  Badger appearing on behalf of Mr. Weave mink for The Limited
• 22:37
  purpose of arraignment, we have reviewed the charging document
• 22:40
  and wave is formal reading. He does qualify for a quarter
• 22:43
  point of attorney and request that this matter be set for a
• 22:46
  probable cause conference and a preliminary examination.
• 22:49
  Your honor. Thank you.
• 22:53
  Answer. This is a felony charge and in
• 22:56
  just record your entitled to implementary examination on a
• 22:59
  felony charge as required. We're going to set this for you
• 23:02
  within two weeks, your probable cause conference is a week from
• 23:07
  Thursday. March 19th.
• 23:09
  At 1 p.m. in District, courtroom D preliminary examination.
• 23:14
  Itself is the following Wednesday.
• 23:18
  March 25th at 9 a.m. in this courtroom District courtroom a
• 23:23
  real estate at Warren authorization at 1,000 cash or
• 23:28
  shooting. The court file is showing you
• 23:29
  posted 1,000 in cash for the defender has determined your
• 23:34
  Indigent and they will be appointing an attorney for you
• 23:37
  at public expense. So on attorney, from the public
• 23:39
  defender's office, we'll discuss your keys with you at your next
• 23:43
  court, appearance date your next court appearance.
• 23:45
  State is a week from Thursday at 1:00 in the afternoon.
• 23:49
  So be expecting contact on that date from an attorney from the
• 23:53
  public defenders office, so okay.
• 23:56
  Yes. Thank you.
• 23:57
  Thank you. Your honor.
• 23:59
  Have two files on Eddie and Ricky colon.
• 24:02
  Concepcion 260532 SD X4, 645562 BSI. both based on the same
• 24:11
  citation, it was issued by the Michigan State Police on charges
• 24:16
  of fleeing, the scene of a property damage accident and a
• 24:20
  civil infraction for Failure to stop within the security
• 24:24
  distance ahead. Notice to appear with scent for
• 24:29
  today on February, 19th for today's date at 8:30, in this
• 24:33
  courtroom. It's now 9:06, he said no
• 24:36
  contact from the pendant. Well, charges are not assaulted
• 24:40
  offenses. And not see any prior not
• 24:43
  appearances. In this case, even that we will
• 24:47
  hold these for a period 48 hours.
• 25:06
  How to six zero three eight four SD versus Ryan.
• 25:10
  Douglas police truck also set this morning for our arraignment
• 25:15
  at 8:30. This is an insurance of
• 25:19
  operating Well, intoxicated. To appear when out on the 17th
• 25:25
  of September for today's date at 8:30 in this courtroom.
• 25:28
  It's now 9:06 we've had no contact with the defendant.
• 25:33
  Again, this is a non-social defense.
• 25:35
  Not see any prior not appearances.
• 25:37
  In this case, The animal hold this file for a period of 48.
• 25:46
  And I guess we're done with him. All right, good morning.
• 25:48
  Once again, everybody happy Monday TCF live.
• 25:51
  Good to have you here. I have managed to rebuild
• 25:54
  everything. That Ellie knocked loose a
• 25:58
  little bit ago, but I just realized something.
• 26:00
  So the entire world time change except here at the bunker, which
• 26:04
  is located in Arizona, we don't time change because we're
• 26:07
  rational sane people here in as. But it means that we're doing
• 26:11
  the show in our earlier, which means Ellie's schedule is also
• 26:14
  messed up. She's usually playful during
• 26:16
  this time, so I think that was part of the problem.
• 26:18
  She's gonna have to adjust any who lets move on here on County
• 26:23
  Michigan. This is Judge Gerald Pearl.
• 26:41
  Ms weisenbach. Here we received a copy of the
• 26:43
  information respective information by the release
• 26:45
  matters. Have you had the opportunity to
• 26:47
  review them with your client and do waivers as well?
• 26:49
  Yes. Sounds like there's a free offer
• 26:52
  here. Is that correct?
• 26:53
  Yes sir. Mr. Coke is best you can would
• 26:55
  you please raise your weight? You solemnly swear or from the
• 26:58
  testimony you're about to give this case.
• 27:04
  Mr. Kowski please take the services we offer.
• 27:06
  Yes around in 307419. Mr. Cook would be Katie to a
• 27:13
  scouting on Bond and tampering with electronic device visual
• 27:16
  offender. Fourth people agree not to
• 27:18
  request a second sentencing increased to pay full
• 27:21
  restitution of applicable. And this file is also package
• 27:25
  offer with the other file, which is 307420.
• 27:29
  And that file Mr. Cook with the leading to resisting obstructing
• 27:33
  and being a visual center for the fence.
• 27:36
  Pay for restitution before. This why is the accusatory
• 27:40
  standing? It is just.
• 27:43
  You hear the terms of the police officials?
• 27:46
  Is that your understanding? Are there any other terms to the
• 27:52
  offer that we've got covered on his record?
• 27:55
  It's not. It's wise about you agree.
• 27:56
  Yes Mr. Kowski. I agree.
• 27:58
  Thank you. Okay, term of probation or
• 28:02
  parole and he has sufficient time to talk to me.
• 28:05
  Why somebody about this? Do you need any additional time
• 28:08
  to sleep? Is there anything affecting your
• 28:10
  mind or brain making it difficult to make important
• 28:13
  decisions? You have a clear mind.
• 28:18
  As the charm is containing 7419 alleging honor about January
• 28:22
  28th. 2026. The city of Bad Axe.
• 28:28
  Will move back up. In 7419 you were charged with
• 28:33
  Scotty with Scott charged in count.
• 28:37
  She was tampering with evidence, both of which will Federate
• 28:40
  report Resisting of the second final your charged in that
• 28:46
  matter as well. A bitch will for the swells as
• 28:50
  to Wisconsin, 15 years in prison and Dora fight with 5,000.
• 28:59
  Interested in the charge of Maximum set 12 to that coaching
• 29:04
  your charge for tampering with electronic monitoring device,
• 29:07
  which will Fender 4. That is also a felony, Kirito,
• 29:11
  Maxwell's house again about the 15th 2017 charge and maximum
• 29:18
  regarding that matters as well. Backing up on these scanning or
• 29:22
  forfeiting. Bonds in that matter those
• 29:24
  prosecutor has stated they're not seeking Consecutive
• 29:28
  statistics you could face consecutive sense.
• 29:31
  You understand are when you wish to proceed in light of that,
• 29:35
  Very well. In 7420, we're charged with
• 29:39
  resisting, or obstructing, a police officer baseball better
• 29:42
  for you. Again, that is a felony carrying
• 29:46
  a maximum Christian says, open to 15 years ago to 2000 dollars
• 29:50
  to understand the charge of the maximum sentence regarding that
• 29:53
  matter as well. Understanding all of that.
• 29:58
  Then how do you clean them to scanning bonds?
• 30:02
  And Tamron was evidence honor of January 28th. 2026 is the city
• 30:07
  of bad X County New York. How do you plead to resisting or
• 30:13
  obstructing the police officer honor about January, 31st, 2026
• 30:17
  city of annex County New York. You acknowledged being
• 30:25
  previously convicted in this court on March March. 19th 2020
• 30:30
  for assault intended to do. I'm Sorry by strangulation Yes.
• 30:38
  You also acknowledge on January 10th 2017.
• 30:40
  You were convicted of escape from an official detention in
• 30:44
  the county of Jasper, state of Wyoming.
• 30:46
  Yes, do acknowledge being previously convicted, out of the
• 30:50
  number 13 in Lander state of Wyoming, Ninth Judicial District
• 30:58
  Court for theft or larceny. You acknowledge on that same
• 31:03
  date, November 1324, team being convicted to the defensive that
• 31:08
  larceny. And the 9th district court for
• 31:11
  the county of Fremont, State Employees.
• 31:13
  So this would be your fourth phone conviction, at least.
• 31:22
  His wife is provided to court with separate advice of Rights
• 31:26
  forums, their dated March 8th. He signed these documents.
• 31:31
  For signing them. Did you read them?
• 31:33
  Did you all so cool for the his wife?
• 31:36
  To understand the rights contain on the form by Enrique.
• 31:40
  Giving up all those rights. Do you understand that it means
• 31:44
  you will not have a trial of any kind of have any opportunity?
• 31:47
  What's the water to contest her kills and All That Remains after
• 31:50
  today will be for you to be sent.
• 31:54
  You don't understand it. If these are excited, you'll be
• 31:57
  giving up any claim of these, please do the results that he
• 32:00
  promises or threats. Not as close to this court
• 32:02
  during the sleeping. You'll also be giving a very
• 32:05
  claims, please, God of your own free choice.
• 32:07
  You understand that, as well, Other than the terms of The
• 32:11
  Plea, Opera line out of the record, does anyone to such as
• 32:14
  leaning to you? Understand that home to make any
• 32:18
  promises from the course to how the portable dispose of this
• 32:21
  case. That these cases that only
• 32:24
  promises the court will be easier than posted status
• 32:26
  understanding So they will promise of Court will be easy.
• 32:31
  Is anyone threatened me to these points?
• 32:33
  These please if you're old free choice there are core costs that
• 32:37
  are doing payable with time to set and say, unless there's good
• 32:40
  cause children where that And that your subject to a 20% late
• 32:44
  penalty for any unpaid Cordova Nation students. 56 days
• 32:47
  following your convictions sets you understand it finally.
• 32:51
  Please please start accepting. You may be giving up the right
• 32:53
  tools. That would otherwise be
• 32:55
  appealable if you're looking at a trial for any deals from the
• 32:59
  convictions and sets is Pursuits of these, please will be by
• 33:02
  applications from each other. Any question, regarding any of
• 33:09
  your rights? Big questions of your attorney.
• 33:13
  His wife allow you to establish a factual basis.
• 33:15
  All right, thank you. I would say 26 307 419 at 8.
• 33:21
  So this is the important January, 28th, Republics We had
• 33:28
  many ways to before that, we've gone over all the information.
• 33:36
  Kind of an emergency or just shows not so important.
• 33:44
  There was a time as you also had on their cell phone and
• 33:47
  application that's used by district courts to track record.
• 33:52
  That was something that she had signed up for an education.
• 33:57
  At the time, when your phone had a problem and it reset itself,
• 34:01
  correct answers for lost and he doesn't think back on your
• 34:05
  phone. Did you put the application back
• 34:08
  on this important to have? Okay, down in his wood is pretty
• 34:15
  Child Services. Did not have the ability to
• 34:17
  check your locations in that cell phone application.
• 34:20
  It's perfect. So good at energy, did not
• 34:23
  forget to install that app right to do.
• 34:25
  Okay. Um, And all of this happened in
• 34:29
  here in County. Correct.
• 34:30
  I believe that that's the factual basis for 7419.
• 34:34
  Any objection, Mr. Know, you're right.
• 34:36
  Thank you may for sequence. Correct.
• 34:45
  So, I may be able to 30 this year.
• 34:48
  Police officers saw you outside of Northgate Tire here in
• 34:52
  badass. And did you respond to them
• 34:55
  appropriately? And you go peaceably with them
• 34:58
  when they were meaning to arrest you for this?
• 35:01
  Happening. They call for you.
• 35:14
  Okay, so you know that there was one police officer and he goes
• 35:19
  out. Correct fails right here.
• 35:25
  So you wear any promises right through these other than what's
• 35:33
  those goals? No, you're right now as a core
• 35:37
  complied with the Court, ruled concerning, Please, Mr. House it
• 35:40
  has run. Yes.
• 35:42
  Mr. Cook. There's no agreement made by
• 35:44
  this court concerning the key. And what the final sets will be
• 35:46
  is that accurate? That's why it's about you agree.
• 35:49
  Yes Mr. Cosby yes right Court. Woke up, please they're done
• 35:52
  freely their voluntary their understanding and accurate.
• 35:55
  There's a sufficient factual basis.
• 35:57
  Court will accept the policeman schedule settings for it, three,
• 36:04
  eight, seven, and three, four, five on all April 6th to that
• 36:13
  motion day and you have everything in one report His
• 36:18
  wife. Fuck any objection, we had the
• 36:20
  whole locating April 16th day. Yes.
• 36:21
  No Junction or just actually April 6th 2026 at 9 a.m. prior
• 36:29
  to court order or presets investigation report we prepared
• 36:33
  for having both Council court, at least two days prior to 77
• 36:38
  Guideline Shelby score. 14 days prior to 73 provided the
• 36:42
  household any objections scored in guidelines.
• 36:44
  Was by writing for court. The latest episode of probation,
• 36:50
  the defendant most purely in Tyler City if there's any
• 36:54
  supporting documentation must be switched court, but later than
• 36:57
  the seven days from sentencing, and he objects are written
• 37:00
  response, was quite three days there after It appears that in
• 37:04
  19, the bond was canceled. And I'm not sure what the status
• 37:09
  of the bond was important. His wife about your position on
• 37:12
  about it any objections. No.
• 37:16
  You're right Bible speak about cancer.
• 37:18
  It hasn't been all. We'll see that on April 16th
• 37:23
  that will conclude proceed. Thank you, thank you.
• 37:28
  All right, good morning once again everybody TCF live on a
• 37:31
  hectic Monday. But that's what happens when we
• 37:34
  time change. So I've been on record in a
• 37:37
  couple of other places and I'm gonna go on record here again
• 37:39
  right now. This country of ours needs one
• 37:43
  time zone. FST Freedom, Standard Time.
• 37:47
  From east coast to West Coast. I will allow for Freedom West
• 37:50
  for Alaska and Hawaii but it's time to do away with all these
• 37:54
  Shenanigans. Just my opinion.
• 37:56
  If you agree, write your congressman and tell them, we
• 37:59
  need one time zone. Let's go to Michigan State.
• 38:04
  Michigan, rather judge Elmore All right, good morning.
• 38:09
  We are on the record today for the 28th Court here in Wexford,
• 38:13
  County and we are beginning today by taking up the case.
• 38:16
  So people Stadium Michigan versus Brandon Michael science.
• 38:20
  This is file number two Five Guys, 140 08 He carries those
• 38:30
  people and I'm Jeff Pearson. I'm here in Mr. C is giant
• 38:34
  science. Science.
• 38:36
  Yep. He's next to me at the table.
• 38:38
  Thank you. Also here this morning.
• 38:40
  Mr. Kevin steffel. And he's the agent from the
• 38:43
  Michigan Department of Corrections who is prepared.
• 38:45
  Today's pre-sentence investigation, report Or has
• 38:50
  received the copying over it. I didn't catch any need for
• 38:54
  correction myself to relatively shorter. and, It's fine in 10
• 39:06
  year. Gap is not a lot of criminal
• 39:07
  history here for reference. so, He's carry any Amendment,
• 39:14
  Corrections objects to make to come that report.
• 39:17
  Don't have to record. I do have a statement that he
• 39:21
  wants me, not present, but he did provide one of course.
• 39:25
  Mr. Harris regarding report. I don't think so wrong.
• 39:31
  All right, thank you. This carry wants to go ahead and
• 39:35
  read that statement. Provided by the victim's name is
• 39:38
  Charles Sampson. He writes.
• 39:41
  I met a loss for words still over a year later.
• 39:43
  The anger that comes with it is very difficult to control
• 39:46
  whenever I think about it all the time and money.
• 39:48
  I put into my house that I owned paid off gone because of someone
• 39:52
  who had absolutely zero respect for someone else's belongings or
• 39:56
  live the hood yet. Find no Financial loss or so,
• 40:00
  why would he care? How will I ever be made whole
• 40:03
  again with the person, when the person is nothing to be begin
• 40:07
  with, I believe I should be made whole again.
• 40:09
  I lost an unknown amount of mist amount for Miss rent.
• 40:13
  I have a 1700 dollar water bill in part because of Brandon I
• 40:17
  don't know what to think about sentencing other than how can
• 40:20
  someone have so little respect and complete disregard for
• 40:23
  someone's belongings and property.
• 40:25
  He did nothing to deserve it. I am out of a house in countless
• 40:28
  other things and he is out nothing.
• 40:30
  He has a rook Three Hats in a catch, this past year, I didn't
• 40:34
  have people that cared. I wouldn't have had a roof over
• 40:36
  my head, even though I worked my butt off and owned a home
• 40:40
  provided for 19000 400. In. 36 dollars for plumbing
• 40:52
  services, but we are going to ask the restitution be held open
• 40:58
  because he's going to try to provide some more.
• 41:07
  Thank you. Sir, I'm sorry.
• 41:11
  Miscarry allocation events since we're already over at your side.
• 41:17
  well, I Can't see it usually much better than the victim
• 41:23
  said. He's very this cost him a lot.
• 41:27
  Mr. CF the defendant did a lot of damage.
• 41:30
  The intentionally started this fire, he went next door, and
• 41:34
  grabbed the gas can. Go back over to the residents
• 41:39
  and sprays again and inside and let it on fire.
• 41:43
  That's very original. I understand the recommendation,
• 41:54
  I understand the sentencing guidelines and that he's been in
• 41:57
  jail now for quite some time. But whether people in the
• 42:02
  building, when he set it on fire.
• 42:04
  Yes. And we don't have a scoring for
• 42:07
  a number of victims. If we had people that were
• 42:09
  placed in, Danger of injury or loss.
• 42:15
  And I don't know like how, like where were they sleeping?
• 42:19
  Where were they? Pretty sure they were.
• 42:30
  Very good question. Yeah, it should be scored.
• 42:33
  I don't know why there's no scoring for all offense.
• 42:36
  Variable number nine, and Right. Now, I don't, we don't have, we
• 42:53
  have at least enough to score five points for V6.
• 42:58
  There. How much 18,000 19,000.
• 43:06
  Oh, what about the damage to the building?
• 43:08
  He don't have any information on that yet.
• 43:12
  That's It was a destroying. It wasn't a total loss as my
• 43:21
  understanding and our understanding is that that
• 43:23
  building had been death prior to the incident.
• 43:26
  Obviously will flush that out if we have now. if you at least be
• 43:32
  5 points scored for offense variable 16 whether or not it
• 43:37
  was condemned, it could have been prepared.
• 43:39
  I don't know what the value of it.
• 43:40
  What was it a residence? Wasn't it was a house, a house,
• 43:44
  right? So it at least have a value of
• 43:49
  1,000 dollars from one. It's a, yes.
• 43:55
  Other people in it. I believe we're inside the house
• 44:06
  and it doesn't run out. A couple more common.
• 44:14
  Names here in the courtroom, but sure.
• 44:18
  Who of them? So you've got number of victims.
• 44:22
  9. We're going to add 10 points to
• 44:25
  offense, variable nine. and we're going to add five points
• 44:31
  off and variable 16, to recognize the Property damage.
• 44:39
  That's going to give us 15 points, not going to really do
• 44:42
  much of the guidelines that's going to keep it the same.
• 44:45
  You're going to still be an intermediate sanction sell, but
• 44:48
  we want to cover this damage. That is on.
• 45:02
  Egret. So we have those 15 points
• 45:08
  that's going to give us an OB level.
• 45:13
  All right, and that's only going to change the range from 0 to 3
• 45:17
  to 06. At what we're doing there were
• 45:23
  acknowledging, some of the damages and according to the
• 45:26
  points. But I'll tell you, if we see an
• 45:31
  arson, Sentence. And imagine how nobody put in
• 45:38
  overview points. I don't know but we needed to
• 45:42
  have that done. My suspicion here is because his
• 45:46
  case is kicked around for over a year, maybe it was just quickly
• 45:49
  done. But Value of the property.
• 45:54
  Because it could have been more. Than there could be more points.
• 45:58
  Not going to say that that's been changing the guideline much
• 46:00
  back to the other. It takes nine more points.
• 46:03
  Even to move, it will be level to the only level three and that
• 46:08
  would still only go up to a 09 month range which is still an
• 46:12
  intermediate sanctions so. But my suspicion is that what we
• 46:16
  see in, but then when summer scene and intermediate sanctions
• 46:19
  himself, they stop and they don't go back through and and do
• 46:23
  enough scoring. Thank you Mr. Harris allocation.
• 46:29
  Well, he I think on one hand it's pretty easy to look at this
• 46:34
  as free open. The guidelines are low, the jail
• 46:42
  credits. Coming here, it's called for the
• 46:48
  recommendation. But I think he'd be whose me
• 46:52
  anyway to save a couple of things over here so that I've
• 46:57
  got no over a year. He's been Under my wings.
• 47:04
  So to speak is a client. The court will recognize them
• 47:11
  and remember. And so stop me.
• 47:13
  If you've heard this one, this case had sort of a circuitous
• 47:18
  path because it found its way through the forensic Center
• 47:23
  system. And there was an initial
• 47:26
  determination if I remember correctly.
• 47:29
  That he was not confident that later changed.
• 47:32
  It turned out that he was confident and we were able to
• 47:36
  resolve the case. But it took a while to get there
• 47:40
  so it does appear to, at least, to me that part and parcel was
• 47:44
  going on that night, was some kind of metal Health crisis.
• 47:50
  On his behalf. Even subsequent looking at the
• 47:55
  cases with him now that he's in a much better clearer thinking.
• 47:59
  Relaxed state of mind, it's met with the some degree of
• 48:05
  disbelief. But, Mr. C is because He can't
• 48:10
  put himself back in the shoes of the person that did this.
• 48:16
  Ridiculously stupid and ridiculously destructive thing.
• 48:25
  Currently. Getting the correct care.
• 48:28
  He's getting the correct medications.
• 48:30
  He's getting the correct. insight into his own thoughts
• 48:37
  and actions that he will need To Garner for the rest of his life
• 48:42
  because this is not something that's going to go away.
• 48:46
  It's treatable, obviously, it's something that he can manage
• 48:50
  obviously, but it's up to him to do it.
• 48:54
  I think this is an example of court system in a metal health
• 48:59
  system. That has done everything, it can
• 49:03
  for the individual in question, and it's now time to kicking out
• 49:09
  of the nest and let him fly free.
• 49:14
  It's so enough about the impact that just simply getting on the
• 49:20
  right medication seem to have on Brandon and his thought process
• 49:25
  and the clarity of his presentation, etc, etc.
• 49:29
  So I'm very pleased about that so is he he doesn't enjoy the
• 49:34
  support of his family. Unfortunately, his father lives
• 49:38
  in Wyoming and it's been mentioned in the PSI His
• 49:46
  eventual plans to go back to Colorado but there's a there's a
• 49:49
  great distance between Michigan and Colorado physically and
• 49:53
  there's a great distance between his current situation and his
• 49:57
  old life. Psychologically, I'm confident
• 50:01
  he now has the ability and the tools to work through all of
• 50:05
  those issues and present to clear path for himself and in
• 50:09
  the future. I don't believe this is the kind
• 50:15
  of behavior he's ever going to repeat again.
• 50:19
  Because of the fact that the ordeal that he's been through,
• 50:22
  not just being in jail Etc but the whole process of recovery
• 50:27
  here has been rather torturous. So I think it's a less well
• 50:31
  learned on a number of fronts. It took us a while to get here
• 50:34
  but I think we're here and I think this recommendation is
• 50:40
  appropriate under the circumstances You have the right
• 50:46
  to make a statement if you is there anything you wish to say
• 50:50
  at this time? So I was surrounded by a bunch
• 50:54
  of demons at the time and I was out of trouble, getting a double
• 50:57
  off my back and I had a panic attack and I feel terrible for
• 51:01
  what I did. I needed help, I was at 125
• 51:04
  pounds. When I got in and I met one said
• 51:06
  five now and I feel much more healthier.
• 51:09
  I'm on the right meds. Now I can think clearly.
• 51:11
  I'm not battling any demons anymore.
• 51:14
  I Do plan on making it right with Mr. Charles, I do jewelry
• 51:19
  on the side and helped, I can come up with enough stuff to pay
• 51:22
  him off. Make it right with him.
• 51:25
  Were people in the house at the time.
• 51:27
  I told them before it happened that I was about to try to start
• 51:30
  up the wood stove on fire, to get the house heated up and it
• 51:35
  went bad, I had to put gasoline on the trash piles before I put
• 51:40
  them in the wood burner and said I just putting the guest in the
• 51:43
  wood burner itself and I ended up sparking a fire and that out
• 51:47
  of control. You know, apologize.
• 51:51
  Really do? I feel sorry for Mr. Charles and
• 51:54
  I hope you forgive me. trying to, Change.
• 51:59
  All right. Mr. Steepleton I need you to ask
• 52:03
  you a question because we haven't, I don't remember having
• 52:06
  this before. I'm criminal history.
• 52:11
  And You got 217 days for an event that took place in the
• 52:16
  jail. How do I give them credit for
• 52:20
  that 272 days. That was a sentence.
• 52:25
  I, He was in jail on this case. February 12:21 to 2000 and 2025.
• 52:43
  Conviction was a November on the 12th.
• 52:47
  Got credit for time served. out of, how do I Give him credit for
• 52:58
  that time. He was serving a sentence.
• 53:10
  You think you're correct? I don't think you would.
• 53:12
  I didn't catch that it would be minus the 217 days.
• 53:17
  All right. So we need to put a guideline.
• 53:24
  We need to change cfj. 145, it's two.
• 53:31
  Deduct on the date, range of February 21st of 2025 through
• 53:39
  November 12th of 2025. That will reduce it to 2007
• 53:46
  days, down to 2009 days. That he'll get credit for this
• 53:51
  which will also change the credit CFG 14581.
• 53:59
  Okay. so, That's still. However, is above the guideline
• 54:09
  range. The 0 is 6 months.
• 54:14
  All right. I somewhat here all.
• 54:24
  So at a loss. because the description of the effects and
• 54:31
  everything we just talked about Changed by time.
• 54:35
  I got to The defense fantasy basically, tried to make it
• 54:45
  sound like an accident or a confused accident.
• 54:50
  Oh no. However, very here today. after
• 54:58
  the defendant enter the plates, that's one of those contests.
• 55:03
  Or accepted in this such. Case at one time was a CSC.
• 55:10
  I'm sorry. Not see her.
• 55:11
  And arson. Second degree.
• 55:14
  That would have put it on the bee category would have faced
• 55:19
  their he 12, 20 month, potential sentence, However, that's not
• 55:29
  the chart that were using based upon the police.
• 55:33
  Go to the victim Vindication from 12 to 20 to 6.
• 55:45
  Ports, hands are somewhat tidy. Because of the way the case is
• 55:51
  going to result that I'm not challenging the way, it's been
• 55:54
  resolved and just explaining it. So in case that the victim is
• 55:58
  effortless, look at the reviews sentence review, the Court's
• 56:03
  explanation, That victim understands that the sentence
• 56:08
  the day is based upon the pre-trial agreement.
• 56:12
  And that brought it down from a potential prison sentence down
• 56:17
  to an intermediate sanction self or is not allowed to.
• 56:22
  I'm sorry. The court is instructive by the
• 56:24
  law to begin presumption of probation finds and costs
• 56:37
  However, Court can take into consideration.
• 56:41
  Whether or not they are reasonable grounds for a period
• 56:43
  confinement. And it does have some fire
• 56:49
  criminal history. You know, it's relative to the
• 56:51
  middle. However, commit the jail.
• 56:59
  Therefore, the court does have some reason Browns.
• 57:02
  Now, this is a long way to go about.
• 57:05
  Justifying the sentence. And yes we are here or because
• 57:10
  this case is kicked around due to Confidence, the and
• 57:15
  responsibility questions. so, with all that said, don't think
• 57:22
  probation is necessarily have issue here.
• 57:26
  The court sentences that have finished, 209 days with 209,
• 57:31
  days of credit, a 68 dollar State minimum via 130 dollar
• 57:36
  Crime Victims, right from the a300 court cost, considering the
• 57:41
  length of time, which is cases been pushing in and out through
• 57:45
  the system. The court is going is not going
• 57:49
  to set up fine again, no fun attorney.
• 57:52
  V300 recovery for representation of counsel.
• 57:59
  Do we have any DNA fee here that I need to account for?
• 58:02
  Yes, 60 dollars to the Webster County.
• 58:05
  Sheriff, 600 DNA fee payable, to the Whiteford County Sheriff
• 58:09
  Department, It will not be any supervision fees.
• 58:14
  And restitution will remain open for. 30 days.
• 58:24
  The victim. Let's be realistic.
• 58:27
  You likely heard of getting any restitution years probably quite
• 58:31
  low. Definitely the amount that
• 58:33
  you're going to get. The time it's not going to reach
• 58:37
  the 20,000 dollars. Fine is sentences reasonable and
• 58:42
  proportionate. Again, the Anger, felt by the
• 58:50
  victim is quite understandable. Wall.
• 58:54
  However, I think the hands and Court to a certain degree.
• 59:02
  And my sentence is completely, I believe within.
• 59:06
  I'll, technically, I'd actually sees the guidelines but I have
• 59:10
  to give credit to 2009 days. So, he's already served the most
• 59:14
  that I can really give him one of the law. listen, I don't
• 59:23
  believe she'll Miscarry know. Comparison.
• 59:32
  Any questions about the sentence?
• 59:33
  Oh, you're going for? Mr. Science Mr. Harrison is
• 59:39
  going to bring you two copies of one document.
• 59:42
  You're going to place your initials on the first company
• 59:44
  doing so neither elections in your rights and nearly
• 59:48
  acknowledges that you have received the other this document
• 59:52
  so that you have the right to appeal.
• 59:55
  You in your case that is typically done by following a
• 59:59
  claimer right tool? However, based upon the plea, in
• 1:00:03
  this case, any appeal must be done by following but, Not able
• 1:00:14
  to feel by, right? So if you wish to have a portal
• 1:00:17
  point in an attorney to assist you and appealing much, of
• 1:00:20
  course, your sense is done today.
• 1:00:21
  You can complete the bottom app and turn to the court, the
• 1:00:26
  important two days together. Stand so while this is a
• 1:00:30
  departure within the outside of the guidelines, of course of
• 1:00:34
  advice that the partially appropriate because I'm doing
• 1:00:37
  really giving them credit when he started All right.
• 1:00:40
  Thank you. Thank you.
• 1:00:47
  Once again everybody. Good morning.
• 1:00:50
  I hope you're all enjoying your Monday.
• 1:00:52
  If Monday's can be enjoyable but we try to make them enjoyable
• 1:00:56
  here. This is why you come to TCF live
• 1:00:58
  on a Monday because you know, you could do silly things like
• 1:01:02
  work or you could just spend time with us.
• 1:01:04
  I'm just saying. Let's go down to Florida, it's
• 1:01:08
  time for Wade, Mercer to do his first appearances.
• 1:01:10
  So, Let's make that happen. Let's press passing in occupied
• 1:01:17
  structure. Missing out of there is probable
• 1:01:20
  calls in the complaint. I've took a look at your
• 1:01:23
  criminal history, which looks great.
• 1:01:24
  I don't see any prior criminal history.
• 1:01:25
  I'm gonna listen to the attorneys first man, and then
• 1:01:28
  I'll figure out Bond or conditional, release and so
• 1:01:30
  forth. Mr. Gil, yes, I believe the
• 1:01:34
  victim is in the courtroom today, Miss Kennedy.
• 1:01:36
  I think she might want to address the court but the state
• 1:01:39
  is requesting a bond in this case.
• 1:01:41
  And speaking with the victim I think that missing it is
• 1:01:46
  homeless and on your honor, we're going to be asking for a
• 1:01:51
  bond. Ma'am, do you want to be heard?
• 1:01:54
  Ms. Kennedy you have to come on up so we can so she can hear you
• 1:01:58
  ma'am, and you can be on record. So if you'll come out of here,
• 1:02:01
  please And Miss Candy, what? I'm just place you under oath
• 1:02:06
  and then see, we glad to listen to you Katie you saw me swear or
• 1:02:09
  from the testimony about giving this case be the truth.
• 1:02:11
  The whole truth and nothing, but the truth will help you got
• 1:02:13
  Thank you and you are missing at us.
• 1:02:16
  Grandmother said and and what is a You wanted something you want
• 1:02:24
  to say something about the case, shoot, it's a trespassing case.
• 1:02:26
  I did read the complaint and I know there was a trespassing
• 1:02:28
  warning and allegedly, she came back over there after being
• 1:02:30
  warned in November. Not to come back!
• 1:02:32
  Yes, she did. Come back, we have house tour
• 1:02:37
  and three different times. In the past few years, she is
• 1:02:42
  homeless. She promises to.
• 1:02:47
  Cooperate. Whether it is going into mental
• 1:02:50
  health, facility or going into a rehab facility type place like
• 1:02:56
  Still Waters, she promises that she will cooperate and then she
• 1:03:01
  does not. She either checks, so out of
• 1:03:05
  these places or and become homeless again and or she Um,
• 1:03:13
  doesn't cooperate. She destroys property and causes
• 1:03:18
  Havoc within the facility. Or she leaves the facility
• 1:03:22
  early. Now, we cannot continue.
• 1:03:26
  Where my husband is. My husband has Alzheimer's.
• 1:03:30
  We are in our late 70s. We cannot continue to have
• 1:03:35
  Savannah pop in and out of our home, we love her very much.
• 1:03:39
  We wish the best for her but she is homeless.
• 1:03:43
  She has no place to go. What is still water?
• 1:03:47
  I'm not local rehab, a Christian rehab type facility.
• 1:03:55
  It's for locals in Jackson County.
• 1:03:57
  Look, beautiful! It's what's okay?
• 1:04:00
  So there is the possibility if she wanted to do a major
• 1:04:14
  turnaround that she could. go back to Still Waters or A
• 1:04:20
  similar Place. Lynnhaven and no Louisiana.
• 1:04:24
  Do you believe that the issue is mental health or some kind of
• 1:04:28
  drug abuse or combination? um, well last fall, there was
• 1:04:34
  drug abuse because she housed her for about seven weeks, she
• 1:04:40
  insisted on getting Adderall which she was prescribed by
• 1:04:45
  appalachee Health Center and Abilify and she took the
• 1:04:54
  Adderall and within a couple of days She became combative, she
• 1:04:59
  became hard to handle so I appealed to her to get off at
• 1:05:07
  all and just take the Abilify and she would do it.
• 1:05:12
  And that caused a situation that she went into mania and left our
• 1:05:17
  home. Okay.
• 1:05:18
  Let me see. The attorneys have anything
• 1:05:20
  else? They want to ask you Mr. Billy,
• 1:05:22
  anything, you have any concerns that she's released that she
• 1:05:24
  would come back to your property?
• 1:05:27
  I have concerns that she will stay in touch with us.
• 1:05:30
  We we've been the soft spot. And yes, I do have concerns that
• 1:05:37
  she will continue to be in touch with us.
• 1:05:41
  We you know, she loves us, we love her and she always has a
• 1:05:46
  hope that we can do something, but we're too our end, we can't
• 1:05:50
  do anything. So he got to decide.
• 1:05:53
  That she's going to get better and cooperate.
• 1:05:56
  She said a bond. Are you asking for a condition?
• 1:05:59
  No contact at all? Or you just asking for
• 1:06:01
  conditioner for her, not to come to your property physically I
• 1:06:06
  would rather have no contact at least for the time being.
• 1:06:08
  Yes. Okay, Mr. McDaniel, any
• 1:06:11
  questions for Ms? Kennedy know you are.
• 1:06:14
  Thank you, ma'am. Okay, thank you Mr. Gillian
• 1:06:18
  thing options, right? Let me ask you one thing.
• 1:06:20
  Sure are. I know that you and your family
• 1:06:24
  had taught with Stillwater yesterday and that they were
• 1:06:27
  going to go back over there. Are you on her?
• 1:06:30
  Is that something you want her to do?
• 1:06:31
  Is go ahead and go back and still water?
• 1:06:33
  I don't see, I don't see drug issues.
• 1:06:37
  I see mental health issues, but I mean, I don't know if jail is
• 1:06:40
  going to be the right place for. Is that something that you would
• 1:06:42
  like to have happened to her? Go ahead and go to steal water?
• 1:06:44
  Well, if it could have happened and if there was a condition
• 1:06:49
  that she, well, first of all, they directed Julie Jenkins
• 1:06:54
  would have to know that she had a complete change of heart.
• 1:07:00
  Complete. And that was, she would
• 1:07:03
  cooperate. She was just destroying their
• 1:07:04
  property saying, you know, she didn't understand who did it
• 1:07:10
  sort of thing. And but they she would have to
• 1:07:15
  have a, she would have to convince them.
• 1:07:17
  Now there is a thing. They think Julie was leaning
• 1:07:25
  more toward her going to Lynn Haven, which is out of state,
• 1:07:29
  but it would put her out of the community where she couldn't
• 1:07:32
  just walk off and come to our homes.
• 1:07:37
  But yes, I would like to see her in a rehab, but so far, she
• 1:07:43
  would have to be the condition if she did not fully cooperate.
• 1:07:46
  She would go to jail. So, she would listen to that
• 1:07:51
  thing on Mr. Monday, with his witness?
• 1:07:52
  I don't know if anything, I don't have anything else for her
• 1:07:56
  young. Okay.
• 1:07:56
  Anything else in general? Thank you, ma'am.
• 1:07:59
  You know, I mean, still water. I mean this is a drug rehab, I
• 1:08:03
  don't and they don't let them use Mental Health Care because
• 1:08:07
  they They have their specific reasons why religious reasons
• 1:08:12
  why is that, you know. So I don't know if that's even
• 1:08:14
  the right place for her and I don't know if Jill's right place
• 1:08:16
  for either, I talked to her, she doesn't seem in confidence.
• 1:08:19
  She seems very much in our faculties, she left the facility
• 1:08:24
  and she had nowhere to go and she, you know, obviously thought
• 1:08:27
  that her grandmother would help her.
• 1:08:28
  And you know I I don't know what to say, you know, I don't have
• 1:08:32
  anything else. We just asked me a cash Bond or
• 1:08:35
  You know, just that and mother of the defendant is.
• 1:08:39
  Okay, thank you mother wants to say something missed us so Come
• 1:08:44
  on at the staff. he saw me swear or from the testimony you're
• 1:08:49
  about to give this case be the truth, the whole truth and
• 1:08:51
  nothing but truth, you got Ahead, please. so, It happened
• 1:08:56
  jokes in the past. And I I think that's part of why
• 1:09:02
  the mental health thing has come about.
• 1:09:03
  Um those drugs were, they marijuana?
• 1:09:07
  Yeah, but you know how it's like kind of Molly eish around here,
• 1:09:11
  you know, like synthetic type stuff.
• 1:09:13
  So I'm not sure I just saw a change in her mental health when
• 1:09:16
  she was at college. And I know there was a lot of
• 1:09:19
  drugs, I don't know, all the drugs.
• 1:09:21
  I know that there was a lot But still waters is supposed to be
• 1:09:26
  for any life controlling issue, including mental health.
• 1:09:30
  And I'm not certain I think that a lot is going a lot of what's
• 1:09:33
  going on here is like I know there's mental health that I
• 1:09:36
  think, salsa personality disorders type stuff, like, you
• 1:09:40
  know, like I'm gonna, I'm gonna recap it.
• 1:09:44
  Wherever I go, I'm going to recap it.
• 1:09:46
  Um, and it might be for attention.
• 1:09:48
  I don't, I don't know what it's for but or what why she does it,
• 1:09:52
  but she literally can't live anywhere.
• 1:09:54
  So the, there's what's called there's there's no help.
• 1:09:58
  Still these there's drug treatment facilities, there's
• 1:10:01
  dual diagnosis facilities which are facilities.
• 1:10:04
  They're specifically designed to address both.
• 1:10:06
  Richard my Daniels point is that the Chrome is not a dual
• 1:10:09
  diagnosis facility. It is by far, by far over here,
• 1:10:13
  it should be a drug treatment facility.
• 1:10:15
  So I think his point I don't speak for him, but that's what
• 1:10:18
  it sounds like. She might need a mental health
• 1:10:20
  facility or a dual diagnosis facility, which are much more
• 1:10:23
  difficult to find, so I don't know, we're going to find
• 1:10:25
  anything today, but she's still entitled to a bond, anything
• 1:10:28
  else you want to save? And I'm gonna see the attorneys,
• 1:10:30
  have any questions for you? I have, I mean, if they can keep
• 1:10:32
  her along enough for like the medicine where she can become
• 1:10:35
  Lucid on the medicine, I don't I'm torn about mental like
• 1:10:39
  segments because I mean, she will not stay on them.
• 1:10:42
  Interesting. She's got the right to a bond,
• 1:10:44
  whether someone poster not totally different question, but
• 1:10:47
  she has a right to have a bond set.
• 1:10:48
  Okay? I just want to say there's a
• 1:10:50
  couple. Thank you.
• 1:10:51
  Let me see the attorneys. Have any questions for you, man?
• 1:10:53
  I think from the state, just let her know that if they find a
• 1:10:56
  facility that they're comfortable with, they just let
• 1:10:58
  me know. But I do think it needs to be
• 1:11:00
  mental health facility, not necessarily a drug facility.
• 1:11:03
  I mean, I think the issue is that because they don't want to
• 1:11:05
  give her medic I mean that's what she needs.
• 1:11:08
  More than likely not a doctor. It sounds like me.
• 1:11:11
  You think that she needs medications and they're not big
• 1:11:13
  on giving people medications. So here's a concern that I have.
• 1:11:18
  It's a jail get told medication and she straightens out.
• 1:11:21
  We don't want to send her to a facility.
• 1:11:22
  The first thing they do is take our off the medication.
• 1:11:25
  That's a concern with drug treatment facilities.
• 1:11:28
  There is a place in Kentucky called hope City. and they do,
• 1:11:34
  they do have psychologists there, okay, and it but it is a
• 1:11:38
  rehab Plus They do the medicines as like, a dog diagnosis.
• 1:11:43
  Okay. Yeah.
• 1:11:43
  They they just, they want you to get off your insurance and get
• 1:11:46
  all Medicaid in Kentucky, Mr. Gibson County.
• 1:11:49
  Probation Office supervisor. He's hundreds of people, get in,
• 1:11:53
  probably thousands of people getting programs and he can, he
• 1:11:55
  can talk to me more about that. If you have a moment, you want
• 1:11:57
  to talk him after court, he might have some ideas or some
• 1:12:00
  pointers. Okay, all right.
• 1:12:02
  So anything else from the state Mr. McDaniel thing else.
• 1:12:15
  I suppose to Cash Pawn. I take it.
• 1:12:17
  Yes, giving nature. I don't think it's a bad idea.
• 1:12:29
  Just a second missed by Daniel. Anything else.
• 1:12:32
  I'm talking about that Missus and I'm apologize.
• 1:12:34
  Nothing else. You want to say something before
• 1:12:37
  you say anything? I'm encouraged you don't talk
• 1:12:38
  about your chart, but something else you want to tell me about
• 1:12:41
  Bond or release. Okay, it kind of is about both
• 1:12:44
  because I didn't really have a choice in.
• 1:12:48
  Like what was going on so I didn't feel safe at all.
• 1:12:52
  So I'm not just going to my grandma's house that night to
• 1:12:56
  see the night outside and for her to hopefully take me
• 1:12:58
  somewhere in the morning or know any news.
• 1:13:01
  So I don't think I should be here.
• 1:13:03
  I'm not done anything wrong illegally.
• 1:13:05
  When I did well I barely even I don't even I I'm not mentally
• 1:13:12
  ill so that's not just something that you can imply on me.
• 1:13:14
  I'm fully aware. And capable of understanding
• 1:13:18
  everything. So when my grandma gave you the
• 1:13:21
  choice to go to Still Water just today and the police put me in
• 1:13:25
  the car and he went back over there and talked to her and he
• 1:13:28
  kind of talked to her and putting in jail instead, I
• 1:13:30
  didn't think that was fair. So Um, but I don't know, it's
• 1:13:34
  just not too fair for missed it. If a officer gave you a trespass
• 1:13:39
  warning in November, not to go on a property and if you went
• 1:13:42
  back there in March, that's what you're accused of.
• 1:13:44
  That is a crime. So when you say you have
• 1:13:46
  anything wrong, if those things are true in the state hasn't
• 1:13:49
  proved that they just accused you of that you need to
• 1:13:52
  understand. If those things happen that's a
• 1:13:53
  crime. Secondly I'm gonna set your
• 1:13:55
  bond, your bond is 2500 dollars cash or sure you have the right
• 1:13:58
  to a bond. I've never given a conditionally
• 1:14:00
  to a homeless person and sounds like you don't have to go right
• 1:14:02
  now. So, conditional release is not
• 1:14:04
  an option. Well, let me finish, let me
• 1:14:07
  finish and then I'll show you. Have any questions you bonus
• 1:14:09
  2500 dollars. You have a condition.
• 1:14:11
  No contact with the legend and that means no contact with your
• 1:14:13
  grandparents at all. I'll say they want to have
• 1:14:16
  contact at some point for the time being no contact.
• 1:14:19
  If you post the ball, you're entitled to be released.
• 1:14:21
  If you don't post the bond, will see you on upcoming docket.
• 1:14:24
  And we'll see if there are other options that the state and
• 1:14:27
  defense want to present to me. But for the time being all I'm
• 1:14:30
  doing is setting your bonds really only option I have Now,
• 1:14:32
  do you have any questions? Yeah.
• 1:14:34
  What's the other option if you don't?
• 1:14:36
  It's really the only option. There's no other option today.
• 1:14:42
  The options I have are set up on and give you a release.
• 1:14:45
  I can't give you a conditional release because you don't have a
• 1:14:47
  residence that can be verified. You don't have that.
• 1:14:52
  If someone from Stillwater was here saying that that might be
• 1:14:55
  an option. That's not the case right now.
• 1:14:57
  The only option I have to set your bond and that's what I've
• 1:15:00
  done. Do you have any questions?
• 1:15:03
  Have a good day. Ma'am.
• 1:15:06
  If you Yeah, let's keep our notice for what day.
• 1:15:11
  March 30th, but she very well may be seen before then Mr.
• 1:15:15
  Carter, good morning. I apologize.
• 1:15:16
  I didn't even see you on there. If you were there, when we first
• 1:15:18
  connected, I apologize. I, you may have been there and I
• 1:15:21
  missed you but we do have one interpreter case and which case
• 1:15:24
  is that Jorge Ramirez, I believe.
• 1:15:30
  So ladies, thank you for coming Jorge Ramirez.
• 1:15:34
  Also got it in Washington County, they have him as Jorge
• 1:15:42
  Sanchez. So Mr. Ricardo please introduce
• 1:15:45
  yourself to him and make sure he can see and hear us. when he
• 1:15:48
  said, He can hear us and he is your owner.
• 1:16:00
  Right. Good morning, sir.
• 1:16:01
  You hear because you've been accused of one count of domestic
• 1:16:03
  violence, battery. And we want to see poor que
• 1:16:07
  tiene un cargo de aggregation domestica.
• 1:16:10
  You have also have a detainer from the United States
• 1:16:13
  immigration service. Tambien, DNA una Orden, de
• 1:16:16
  redencion de par de servicio. De migration de Estados unidos.
• 1:16:20
  Mr. Killa text to Mr. McDaniel and Mr. Mitchell, I don't think
• 1:16:25
  you're on it takes, I want to wear.
• 1:16:26
  I don't think you're on that text.
• 1:16:28
  I want to wear you recovering first appearance.
• 1:16:33
  Please let me repeat that for him.
• 1:16:35
  So he'll know about that communication with the attorney.
• 1:16:37
  I'll do it again, Mr. Jill. I sent a text this morning to
• 1:16:40
  the attorneys. Saying.
• 1:16:47
  Mr. Ramirez has a battery charge on the same alleged and he got
• 1:16:51
  off probation of last year. if we can look at La supre, Both
• 1:17:03
  his last name and her last name are different in that Washington
• 1:17:07
  County case. Federal Dental Washington.
• 1:17:15
  because of the way, the state attorneys that the way the
• 1:17:18
  officer set those cases up and they're either Allah for my
• 1:17:22
  Como, El agente puso, Los casos the Washington County case
• 1:17:27
  number is, One of our, I know as a text.
• 1:17:47
  Which by Daniel takes with the Washington County case number.
• 1:17:52
  All right, there. 2557225. Mm, so 24225, mm is the
• 1:18:06
  Washington County case number with the different names, but it
• 1:18:08
  appears to be the same dates of birth.
• 1:18:11
  It is just. And don't say numero de Caso Del
• 1:18:16
  Condado, Washington. So Mr. Sanchez Ramirez.
• 1:18:27
  I think you're entitled to the bond to a bond.
• 1:18:29
  I'm gonna listen to the attorneys first, as in your
• 1:18:32
  Sanjay Ramirez, European soccer, primero voye, cacharros
• 1:18:36
  abogados. yes, you just be asking for a reasonable Bond
• 1:18:42
  based on his history that he have no contact with the alleged
• 1:18:46
  victim. So you're getting solamente.
• 1:18:48
  Estamos, Tienda, Arizona. Oh yeah, that's fine.
• 1:18:58
  Thank you very much. Mr. Mr. Sanchez Ramirez.
• 1:19:20
  It appears this case might qualify for felony offense.
• 1:19:24
  I said, Puda. Battery charge on the same
• 1:19:33
  person in your 5,000 dollars cash or Surety.
• 1:19:35
  Maybe the acoustic Piano Sonata is an efectivo de seguridad.
• 1:19:45
  You do have a condition of no contact with the legendary
• 1:19:48
  victim Usted, DNA on this cash instead DNA like condition, then
• 1:19:53
  in gun, contacto con la Superman.
• 1:19:56
  Just any questions in just a minute in Solo.
• 1:20:00
  Momentum oportunidad de hacer preguntas.
• 1:20:02
  Oh, you need to understand if you just a minute, it's paying
• 1:20:07
  to understand that. If you do post the bond, the
• 1:20:10
  United States immigration service has a detainer on you,
• 1:20:12
  so you will go in their custody. Who said there.
• 1:20:14
  And then their case answer, vicio de migration Estados
• 1:20:18
  unidos, tiene retention, Now, do you have any questions?
• 1:20:25
  I would not want to. So when could I pay the bond?
• 1:20:36
  I don't know. You can, you can pay the bond
• 1:20:40
  immediately after first appearance.
• 1:20:41
  If you wish when he died, he said, if you do that, the United
• 1:20:50
  States immigration service will be notified that you're free to
• 1:20:52
  be picked up. See, La and tonsille
• 1:20:56
  notifications. And their policy is they will
• 1:21:02
  pick you up within 48 Hours of you.
• 1:21:04
  Posting Bond y La political hero and plazo de cuento de puesta PA
• 1:21:11
  de la fianza. I'm gonna ask the jail to give
• 1:21:13
  you a notice for your court date for March 31st at 9 a.m. the way
• 1:21:20
  that is La notifications. Actually, that's gonna be done
• 1:21:29
  30 Corporal because it's like Spanish speaking document said,
• 1:21:39
  Any other questions, Mr. Sanchez Ramirez.
• 1:21:41
  Danielle Bruno's. Office.
• 1:21:46
  So could I get out here could I pay a bond and get out?
• 1:21:59
  What day I mean? I don't know. for the If you
• 1:22:04
  post upon you will not be released.
• 1:22:07
  You will simply go from our custody to the United States
• 1:22:10
  immigration service. I cannot make it any clearer.
• 1:22:12
  Immigration. No solo.
• 1:22:22
  Puedo de jar. Mas claro.
• 1:22:24
  Oh, you have any other questions?
• 1:22:25
  The other Brenda? No, no, no.
• 1:22:29
  That was it. Have a good day sir.
• 1:22:32
  Getting out my shirt. March 30th Mr. Campbell not
• 1:22:37
  March 30. And you Runner, did he have a
• 1:22:41
  case number? Know it was arrested this
• 1:22:45
  weekend. He does not have a case number
• 1:22:46
  yet, very well. You're under maybe excused.
• 1:22:48
  Yes, sir. Thank you Mr. Carter, thank you.
• 1:22:53
  so, I'm not sure the Corporal step down, not sure who's in the
• 1:22:55
  room out there, but I gave the wrong case number.
• 1:23:01
  I gave I was just making sure it was.
• 1:23:05
  So I thought I said the 30th, you didn't say, you said 30 cars
• 1:23:08
  31st to make sure that his right notice is the 31st.
• 1:23:11
  I'm not sure what I said. Yes.
• 1:23:13
  But I just Thank you. Thank you.
• 1:23:16
  Was that some people coming to courtroom, but they may be here
• 1:23:19
  for our pretrial. Doctors, does anybody else
• 1:23:20
  coming to court for first appearance case?
• 1:23:22
  Not. Okay, so we'll go back the next
• 1:23:25
  first appearance case, which would be Billy Harrison.
• 1:23:41
  Harrison you're here because you've been accused of one count
• 1:23:44
  of battery Mr. Harrison there is probable, cause for the charge.
• 1:23:48
  But here, so you also have a pending case you're out on Bond
• 1:23:51
  on, that's the drive on a license suspended.
• 1:23:53
  And that case, number is 25 572 CT.
• 1:24:00
  I'm going to point the public turns off to represent you for
• 1:24:02
  first appearance purposes. I'm going to ask you to listen
• 1:24:04
  to the attorneys and we'll see where we go from here Mr. Gill.
• 1:24:07
  A judge in this new case, we just asking for a reasonable
• 1:24:10
  bomb. That he not have any contact
• 1:24:11
  with the alleged victim and we would ask that his bond be
• 1:24:14
  revoked in the Casey's out, on Bond, and Mr. McDaniel Johnna,
• 1:24:18
  25 572 is a pro se cases that he's, he's already played out to
• 1:24:24
  that. I think he just needs to be
• 1:24:25
  sentenced. Someone to honor the battery
• 1:24:27
  case. We get, you know, this is with
• 1:24:30
  this associate Allen. I mean, you know, I it is what
• 1:24:35
  it is. So, I mean, he'll take you all
• 1:24:37
  want to take her word on me, I'm not saying, I'm saying that
• 1:24:40
  everything probably that everything in that complaint is
• 1:24:42
  probably true. She probably still he I'm not,
• 1:24:46
  I'm not saying he did Hitler but it is one of these, you know,
• 1:24:51
  this has helped conditions. I think about their I know he's
• 1:24:54
  got his major health conditions so just he's got to be sent on
• 1:24:57
  the inside specially Mr. Harris, you can have seat there for you.
• 1:25:10
  About the driving license. Suspended charge going to have a
• 1:25:13
  seat if you will. Oh Oh, so when you were about to
• 1:25:19
  be finished on that case, you entered a plea stayed was asking
• 1:25:22
  for 90 days in jail, you claimed that you got that driving
• 1:25:24
  license suspended ticket while you were leaving the hospital.
• 1:25:28
  Yes, sir. So I said it for a sentencing
• 1:25:31
  date and the purpose of that was to give you a chance to bring
• 1:25:34
  medical records in because Mr. Mitchell, the prosecutor at the
• 1:25:36
  time. Was considering asking for a
• 1:25:39
  lower. Let me finish.
• 1:25:39
  Let me finish Mr. Mitchell was asking, when I asked for a lower
• 1:25:42
  sentence, once you bought in the medical records, we set it for a
• 1:25:45
  sentencing, like January 17th or 21st, or something like that,
• 1:25:48
  but you missed that court date. And I later found out you missed
• 1:25:52
  it because you were in the hospital.
• 1:25:54
  So we that Court was never reset.
• 1:25:56
  So my question for you is were able to get medical records
• 1:26:00
  showing that you were. You were leaving the hospital
• 1:26:04
  when you got the charge of driving while license suspended
• 1:26:06
  that you have been sentenced for yet.
• 1:26:07
  Did you get married? Do you have any chance you have
• 1:26:13
  on with you at the jail know I thought they had already
• 1:26:29
  Okay, let me double check the court file to make sure they
• 1:26:32
  didn't go straight to the clerk's office because they did
• 1:26:34
  the clerk's office would have scanned them into the file.
• 1:26:36
  Yes. I don't believe they have, I
• 1:26:39
  think your daughter called, and she brought some documentation
• 1:26:41
  to show that she run the hospital in the court date.
• 1:26:43
  But she didn't bring any documentation to show that you
• 1:26:46
  had left the hospital, when you got the ticket or got arrested
• 1:26:49
  for driving license suspended. So, let's look at your file,
• 1:26:53
  Here, I don't know what's going on.
• 1:26:56
  I don't have three stairs. There's nothing in the core
• 1:27:08
  file. On the day.
• 1:27:09
  You got the citation and arrested for driving license
• 1:27:11
  suspended. So, when I'm glad to set that
• 1:27:14
  for a sentence thing, I think Mr. McDaniels correct.
• 1:27:16
  He's not representing you. In that case you played without
• 1:27:18
  an attorney, we got a sentence. You in that case, how long do
• 1:27:21
  you need? If I sit the sentencing for
• 1:27:22
  tomorrow, can your daughter get those medical records up here
• 1:27:24
  for us to look at so, what I'm gonna do is I'm gonna set that
• 1:27:30
  testing for tomorrow. Moses for tomorrow, the one that
• 1:27:37
  you haven't been sent on, we're gonna set it for tomorrow at
• 1:27:39
  first appearance at 8:30. And that's in case number 25.
• 1:27:42
  572, CT in the new case. It appears that may qualify for
• 1:27:47
  felony. He has multiple proprietary
• 1:27:49
  arrests. Well, they were like, let me
• 1:27:52
  finish Mr. Harrison battery on different.
• 1:27:54
  They're not, they're enhanced battery.
• 1:27:56
  So I'm not sure and sometimes they're not dispositions on the
• 1:27:59
  court file. So the new arrest Bob's gonna be
• 1:28:02
  5,000 dollars, don't try to post it yet because I want to hold
• 1:28:06
  you until tomorrow until we send you in the in the drama license
• 1:28:09
  suspended, you will get used the phone in a few minutes to
• 1:28:12
  contact friends or family about getting those records up here.
• 1:28:15
  Let me finish. Let me finish, I'll be glad to
• 1:28:19
  let you talk but you can't keep in Rockingham.
• 1:28:22
  Tomorrow, I want to finish you on the driveway.
• 1:28:24
  Lots of suspended. If you've already played to the
• 1:28:26
  States was asking for 90 days in jail before you claim to have
• 1:28:30
  medical records coming from the doctor at the time.
• 1:28:32
  You got stopped. So, I'm gonna finish you for
• 1:28:35
  that tomorrow at 8:30. Now you were trying to say
• 1:28:37
  something else. Go ahead, please.
• 1:28:51
  I don't, all I know is her name is.
• 1:28:53
  Her name is masters. Yes, sir.
• 1:28:56
  All right, good news. Good news for you.
• 1:28:59
  When she called about getting medical records from the court
• 1:29:02
  date. She left her phone number here.
• 1:29:04
  It's right here in the file, so, I will text it to Sergeant
• 1:29:09
  gross. Right now.
• 1:29:12
  So you'll have her phone number. Any other questions?
• 1:29:15
  Yes, I need to know. That y'all.
• 1:29:21
  All right, we'll see you tomorrow morning, sir.
• 1:29:36
  Pamela put the number in the phone in the system when she
• 1:29:44
  called in last time. So back to you.
• 1:29:46
  Thank you. This case is Joshua bickham.
• 1:29:54
  just, Good morning, Mr. Bacon, good morning, Mr. Beckham you
• 1:30:00
  here for the charge of violation County Probation in case 2583.
• 1:30:03
  Mm Mr. Beckham, I'm pointing the public defender's office to
• 1:30:05
  represent. You please listen to Mr.
• 1:30:07
  McDaniel your attorney and we'll see where we go from here.
• 1:30:09
  You're supposed to Mr. Biggum, he's going to interrupt the addo
• 1:30:13
  contests. To the ballot in County
• 1:30:17
  Probation. He understand this understands
• 1:30:20
  that the maximum sentence for this is 60 days in the county
• 1:30:22
  jail, have one day, jail credit, and they'll be restoration and
• 1:30:25
  finds that may be. Still open the case he turned
• 1:30:28
  himself in yesterday. I know he's been talking to Mr.
• 1:30:32
  Tim about this case about probation, and they worked out
• 1:30:38
  something to come in here today to turn himself in and he just
• 1:30:40
  wants to address the court before we send it on.
• 1:30:43
  Me with that, Michigan. out something, I don't know if they
• 1:30:53
  I know there was some kind of conversations, I did don't
• 1:30:55
  matter, and I told him it didn't matter what him and Tim worked
• 1:30:58
  out, he needed to say, whatever to the court, not, you know, so
• 1:31:00
  he's gonna address the court and out of matters, what they worked
• 1:31:03
  out or talking about Mr. Beckham, what I'm gonna do is
• 1:31:05
  place under oath, and then we'll see if this is what you want to
• 1:31:07
  do, Mr. Beckham, you saw me swear off from the testimony
• 1:31:10
  about giving this case be the truth.
• 1:31:11
  The whole truth and nothing but truth to help you God.
• 1:31:13
  Yes, sir. Hey, Mr. Become, first of all,
• 1:31:16
  we got to understand, you have the right to violation of
• 1:31:18
  probation hearing and that hearing you would have a turning
• 1:31:21
  point to represent you. And the state will try to prove
• 1:31:23
  you violate your probation and a substantial way.
• 1:31:25
  Your attorney would argue you didn't or that there are
• 1:31:27
  reasonable defense is to that, but if you enter this admission
• 1:31:31
  today, you're waiving that right there will not be a vop here.
• 1:31:34
  You understand that? Correct.
• 1:31:36
  Are you also understand the maximum sentence for this
• 1:31:39
  penalty? But this charge is 60 days in
• 1:31:41
  jail. I think the offer made you this
• 1:31:42
  morning was 30 days but you understand the maximum like you
• 1:31:47
  to upon admission and listening, both sides?
• 1:31:50
  If I want to give you the maximum, the most like I sent
• 1:31:52
  you two was 60 days. You understand that?
• 1:31:53
  Yes, sir. And you want to admit, you
• 1:31:56
  violated probation, but be giving a chance to give an
• 1:31:58
  explanation. Is that, right?
• 1:31:58
  I'm going to sheltered Mission the violation probation.
• 1:32:02
  I'm gonna find us free involuntarily and with the boss
• 1:32:05
  of counsel I'm gonna look at what the allegations are.
• 1:32:07
  The allegations are that you'll put on probation for retail,
• 1:32:10
  theft on May 5th. That.
• 1:32:13
  Reported it appears maybe a month.
• 1:32:16
  Maybe two would that come July and August?
• 1:32:20
  We haven't heard or seen from you since and to be more clear
• 1:32:22
  that's May of 2025. So according to the affidavit,
• 1:32:26
  You disappeared in June of 2025 and and let me finish and now
• 1:32:32
  nine months later we finally got you back in custody.
• 1:32:35
  That's, I don't know how you got in custom.
• 1:32:36
  I'm glad listening anything you want to say, but before we do
• 1:32:39
  that, let me see Mr. Mr. Goodson with the probation office, has
• 1:32:42
  anything to add? I'm looking at the records, he
• 1:32:46
  did report for. May and June.
• 1:32:49
  We did not receive any written month reports.
• 1:32:52
  After that, he did pay his court calls, three, 70 in full, he did
• 1:32:58
  pay the 129 22. Restitution in full and he did
• 1:33:03
  provide proof that he completed to reach their programs
• 1:33:07
  certificate. So he just quit reporting
• 1:33:09
  starting in July. What about the app?
• 1:33:13
  And David also says there's 120 dollars owed for something.
• 1:33:15
  Call supervision. Yes, he did have 120 dollar
• 1:33:18
  rears on this Sea West, but He paid.
• 1:33:22
  His finding full the restitution in full.
• 1:33:26
  He does have 120. He did pay 120 of cos but 120
• 1:33:30
  that was outstanding. We always put that on there as
• 1:33:32
  the balance. Technically, that's if you had
• 1:33:35
  been on the force. Yes, sir.
• 1:33:36
  Yes, sir, George. I just couldn't, I guess.
• 1:33:39
  First I heard this is that, I mean, we would have told him
• 1:33:41
  that after three months, you know, he got early termination.
• 1:33:44
  I can't help wonder if he got everything done and he was three
• 1:33:47
  months and while he didn't do three months.
• 1:33:49
  So he did for me and June, he did not report starting.
• 1:33:58
  In July, the three month, period would have been changing, August
• 1:34:09
  5th. So Mister Daniel here from him.
• 1:34:13
  Yeah, he's gonna he turns himself in your honest I just
• 1:34:17
  let you know, thank you. Thank you, Mr. Baker me think
• 1:34:19
  you want to tell us? I'm glad to listen.
• 1:34:21
  Yes, sir. Yes.
• 1:34:43
  I didn't know, I had a warrant off of my arrest until I got
• 1:34:46
  stopped by state trooper, and He told me that I got a warrant
• 1:34:50
  from Jackson County and I said, you might want to take care of
• 1:34:54
  that. So I called this to tell I'm
• 1:34:56
  like, yeah, I got a warrant and he said yes, you do Mr. Beckham
• 1:35:00
  and I said well how can I get this taken care of?
• 1:35:02
  He said, it's out of my hands. He got to go to a judge.
• 1:35:06
  So I was in Kentucky work and I could leave my guys working and
• 1:35:10
  I drove 16 hours to come take care of her.
• 1:35:15
  So why did you quit reporting? You have an address that at all?
• 1:35:18
  Oh, I have to send them all paper's like on back home.
• 1:35:25
  I wasn't in Florida, know, so that, that was my, that was my
• 1:35:29
  bad that I wasn't sending out papers.
• 1:35:31
  When you according to the file, you only reported twice.
• 1:35:35
  She didn't even get to the halfway point before you stop
• 1:35:37
  reporting. Oh, the third one, I just Don't
• 1:35:46
  know what I'm saying. They never see that and they
• 1:35:52
  didn't hear from you. Oh wow.
• 1:35:54
  Well, that was a miscommunication but I did, I
• 1:35:58
  did talk to everybody. I did was communication with
• 1:36:01
  everybody. Okay.
• 1:36:03
  All right. Thank you Mr. Beckham Mr. Jill,
• 1:36:06
  anything from State, nothing from the state.
• 1:36:08
  Just I'm taking a look at your criminal history.
• 1:36:11
  And here's what I'm showing, very little in Florida, as
• 1:36:14
  you've already mentioned, but quite a bit in Louisiana, these
• 1:36:19
  are charges. These aren't always convictions
• 1:36:21
  now because sometimes they don't give us convictions out of state
• 1:36:24
  sometimes. Don't get convictions in state,
• 1:36:25
  simple, battery and 02. Devices.
• 1:36:30
  Annoying Works to another. Wow, that's a crime and
• 1:36:32
  Louisiana. You hear that mission, Guess The
• 1:36:36
  Annoying words. You need to not go to Louisiana,
• 1:36:39
  so I'm working, right? Oh, I don't get to that.
• 1:36:54
  I'm just trying to get a better idea.
• 1:36:55
  And then another charge 2003, the same thing, 2004 burger with
• 1:37:00
  dwelling, 2004 in possession, manufacturer of scheduled once
• 1:37:05
  old, controlled substance possession to cocaine and then
• 1:37:08
  04 starving a piece. Oh seven, second degree battery.
• 1:37:16
  Some kind of release on game time.
• 1:37:19
  Parole revoked, we're up to 09, domestic battery, hit and run
• 1:37:24
  09. Fell to comply with sentence in
• 1:37:27
  2010 in Terrebonne, Louisiana. Unauthorized use of a movable.
• 1:37:32
  I'm not sure what that is movable charge unauthorized use
• 1:37:35
  of a movable charge. So misdemeanor got three of
• 1:37:39
  those charges in 2010. Second degree battery.
• 1:37:42
  So it just kind of keeps going to 2013 aggravate, a second to
• 1:37:47
  get battery 2014, domestic battery. 2017.
• 1:37:51
  Second degree battery, you should be a gap in here
• 1:37:54
  somewhere. Yes, sir.
• 1:37:57
  It was a gap. I think 17.
• 1:38:00
  That was the wrong person, but I haven't got in trouble. 13 or
• 1:38:07
  not 2019 driver. License in Saint Charles
• 1:38:10
  Louisiana. That wasn't you?
• 1:38:11
  So have you been to prison before?
• 1:38:17
  Yes. I mean, oh, I've been like three
• 1:38:21
  times Okay, but thank you. I'm kind of hurt my family her
• 1:38:30
  right now because I promised my kids and my family, I won't come
• 1:38:34
  back to jail and apparently I'm in jail.
• 1:38:36
  So we all heard him right now. Appreciate you telling me
• 1:38:41
  everything, you have anything else you want to say before?
• 1:38:43
  I hear from the state. No sir, I'm just putting it,
• 1:38:47
  then y'all have now sir. You Just asked the court to
• 1:38:52
  considers criminal history when this court imposes.
• 1:38:55
  And yeah, I was not aware. You'd pay off your court costs
• 1:38:58
  and fines that that is something.
• 1:38:59
  I consider Mr. This and you want to add something else, you were
• 1:39:02
  standing at microphone and if you had something else that, no,
• 1:39:04
  it's okay. I want to finish you to 20 days
• 1:39:06
  in jail. I think that's you've got
• 1:39:08
  probation, you quit reporting. I haven't heard a good reason
• 1:39:10
  why, I think you've kind of been a little less than accurate on
• 1:39:12
  your criminal history. And you're, and overall criminal
• 1:39:15
  history is horrible. So I think 20 days in jail, is
• 1:39:18
  is a reasonable sin. It's under the circumstances.
• 1:39:19
  I'm gonna give you credit for the time that you've already
• 1:39:21
  served Mr. Daniel, we have an idea.
• 1:39:23
  Just one day, one day Credit. Now, 20 days doesn't mean you'll
• 1:39:27
  actually do 20 days on the Florida law, Mr. Bigham, you may
• 1:39:30
  do less than 20 days, you may do less than that because of
• 1:39:33
  Florida's game time law. So in 20 days it's possible,
• 1:39:36
  you'll do somewhere between 15 and 20 days and whenever you
• 1:39:39
  finish that sentence, whatever that is, you'll be released.
• 1:39:41
  There's no probation left and you'll be through with this
• 1:39:43
  case, we're just going to finish up and be done with it.
• 1:39:49
  You want to say something sir? Oh yes.
• 1:39:51
  Or any additional fines? I don't mind paying it.
• 1:39:53
  I don't add additional finest individuals.
• 1:39:56
  I don't think I've ever done that.
• 1:39:57
  What I am going to do is what? What?
• 1:39:58
  You have left, actually has nothing left.
• 1:40:00
  So he has no files of court costs left.
• 1:40:02
  That's good because that may help you get a little extra
• 1:40:05
  couple days off your sentence because you don't have to spend
• 1:40:06
  time working off court costs and fines because you've already got
• 1:40:09
  them paid. No additional court costs and
• 1:40:11
  fines. You got them paid and Mr.
• 1:40:12
  McDaniels correcting me, it's not one day.
• 1:40:14
  It's actually three days credit. That's what the sergeant was
• 1:40:17
  going to say also. So it's three days credit, on
• 1:40:19
  the 20-day 10-inch, you have at most 17 days left.
• 1:40:22
  Hope you're going to do less than that, and I wish you the
• 1:40:24
  best. Any questions?
• 1:40:25
  Sir, no sir. Thank you.
• 1:40:28
  Yes, I appreciate you turning yourself in that was a factor
• 1:40:30
  all. So yes, 16 hours drive.
• 1:40:36
  Okay, friends. So he just mentioned the
• 1:40:40
  Derivative offensive or annoying words statue in Louisiana.
• 1:40:44
  So I looked it up and this is a thing Louisiana revised.
• 1:40:50
  Statute 14 103. To find disturbing the peace in
• 1:40:55
  part of his addressing someone with offensive and annoying
• 1:40:57
  words in a public place with the intent to offend or annoy.
• 1:41:01
  The annoying part is really interesting to me, legal,
• 1:41:05
  definition covers speech meant to provoke rather than specific
• 1:41:09
  list of derogatory words focusing on intent.
• 1:41:13
  The law prohibits using offensive dresses are annoying
• 1:41:16
  words in public place. Are the intent.
• 1:41:19
  The speaker must have the intent to deride, offend, or annoy, or
• 1:41:24
  prevent someone from pursuing their lawful business.
• 1:41:27
  In context, these are often referred to as quote-unquote
• 1:41:30
  fighting Words, which are not protected speech.
• 1:41:33
  If they intend to Insight and immediate breach of the Peace.
• 1:41:38
  So there you go. The more, you know, we go to
• 1:41:40
  Louisiana all the time for the parole board but I can't ever
• 1:41:42
  recall them bringing that one up.
• 1:41:45
  Oh, Heaven's. There is an embarrassment of
• 1:41:49
  riches this morning. I'm looking up at my big board
• 1:41:51
  and I have easily 20 quarts running right now.
• 1:41:58
  Let's do this. We haven't been here in a while.
• 1:42:00
  Let's go to Wisconsin. Judgment.
• 1:42:06
  I believe she has a son singing. Let's go there.
• 1:42:10
  Yeah, for two stayed, Wisconsin versus Stephanie actually.
• 1:42:13
  The state appears through district attorney in person,
• 1:42:17
  this actor with peers in person with counseling, parents here
• 1:42:22
  today, in this matter, for the sentencing portion of the case,
• 1:42:25
  the court did order a presence investigation report.
• 1:42:29
  The court has received that report I have reviewed that
• 1:42:32
  report the court also received An independent assessment from
• 1:42:42
  independent Assessment Services and Alternate pre-sentence
• 1:42:46
  investigation. Report the court has also
• 1:42:48
  reviewed that report it comes rights compliance.
• 1:42:52
  We are any victims going to be making a statement.
• 1:42:56
  Okay, we'll get to that momentarily, Mr. Schmidt, have
• 1:43:01
  you received and reviewed both of the presents investigation?
• 1:43:05
  Reports I received a review that I have no Corrections.
• 1:43:08
  All right, Ms. Heron, did you receive the PSI?
• 1:43:13
  Yes. From the doc and any corrections
• 1:43:16
  or modifications for the record know, did you review it
• 1:43:19
  thoroughly with your client? Miss acting?
• 1:43:21
  Yes. And she did not notice any
• 1:43:25
  corrections or any modifications for the record know he is
• 1:43:29
  currently in custody for the sentencing with you.
• 1:43:34
  We are we have one Victim, Impact statement.
• 1:43:38
  I'm going to request that the victim, please come forward and
• 1:43:41
  sit on the Black, by the black table.
• 1:43:44
  You can either state your name for the record, or you can State
• 1:43:49
  your initials, whatever you prefer.
• 1:43:52
  Hi. My name is Mike McManus.
• 1:43:54
  Can you spell McManus? Please MC capital.
• 1:43:58
  M, a n u s. Thank you.
• 1:44:00
  You may begin. First up, thank you for the
• 1:44:04
  opportunity to speak here. This is a case that's gone on
• 1:44:09
  quite a quite a while and I just feel like, My property, my, my
• 1:44:19
  life, everything was violated. You came in to my property, you
• 1:44:24
  took stuff that didn't belong to you and sold it for pennies on
• 1:44:28
  the dollar. You took sentimental things from
• 1:44:31
  me that I can't replace, he put a financial burden on me
• 1:44:38
  personally. You know, you took a lot of
• 1:44:43
  things. That were worth a lot of money.
• 1:44:49
  I had a oakbourne motor that I learned to operate a boat with
• 1:44:55
  And to you, it was just an outboard motor to me.
• 1:44:58
  It meant everything, my dad, taught me, how to how to use it,
• 1:45:01
  how to operate a boat safely. And you don't know this, but I
• 1:45:07
  spent the summer prior to that rebuilding that thing from the
• 1:45:09
  ground up. And you. and I was looking
• 1:45:15
  forward to using it, the following summer and I was
• 1:45:17
  notified that My stuff had been taken.
• 1:45:22
  I was a snowbird, I was in South Carolina at the time when you
• 1:45:27
  guys decided to take everything. And it hit me hard and it really
• 1:45:32
  hit me hard when I got back up here for the summer.
• 1:45:35
  Damaged my camper damage to my door.
• 1:45:39
  Everything. I couldn't hired a moving
• 1:45:40
  company to do a better job than you guys.
• 1:45:42
  Did you had to have you had made more than one trip guaranteed.
• 1:45:49
  It just violated everything and and now I broke the new house on
• 1:45:54
  that property and it has a security system that I pay 45
• 1:45:58
  dollars a month for. Now, I didn't ever thought I'd
• 1:46:00
  need that here. This is a third time. since my
• 1:46:04
  parents bought that property in 76, we've been burglarized twice
• 1:46:08
  prior and I have had theft from my vehicle on my property.
• 1:46:14
  I don't understand the how how it just keeps happening and it's
• 1:46:20
  got a stop. I I honestly believe that that
• 1:46:25
  They need to be removed from. Our society for a little bit
• 1:46:29
  longer than what was presented and I'll leave it at that.
• 1:46:35
  Thank you. All right, Mr. Schmidt argument.
• 1:46:45
  And said, thank you. My argument to the courts can be
• 1:46:49
  at the court, should file, the Department of Corrections
• 1:46:52
  recommendation which is five years.
• 1:46:54
  Probation on the burglaries one year probation on the thefts
• 1:46:57
  withheld sentences on the thefts stayed and impose sentences on
• 1:47:02
  the burglaries of four into out everything concurrent to each
• 1:47:05
  other. So from the PSI, we see that
• 1:47:08
  this is a person with no criminal history She says she's
• 1:47:12
  been using that. I mean, from age 15, the
• 1:47:14
  president, which indicates she's one of those rare individuals.
• 1:47:17
  We see, occasionally come through the court for
• 1:47:20
  methamphetamine has not. In and of itself caused criminal
• 1:47:23
  conviction, while they were using it up until much later in
• 1:47:27
  their life. She went and did some college
• 1:47:31
  and reportedly did well in the PSI.
• 1:47:34
  She then worked consistently from ages to 21 to 31, she
• 1:47:39
  became unemployed at age 31, during covid and everyone back
• 1:47:43
  to work, she was a dental implant technician.
• 1:47:49
  For the past five years, it even from the PSI, it's been a real
• 1:47:52
  question. What she's been doing to subsist
• 1:47:56
  and how she survived With her training experience.
• 1:47:59
  She had. It's kind of hard to believe she
• 1:48:01
  couldn't have started up work. Again.
• 1:48:02
  Once covid was over, her job wasn't like a restaurant job,
• 1:48:06
  where a lot of positions went away permanently, I actually
• 1:48:10
  have a lot of cousins who do similar work.
• 1:48:12
  That that works stayed through Coleman.
• 1:48:15
  Despite her saying she's been using methamphetamine for 21
• 1:48:19
  years and drinking so much, alcohol.
• 1:48:20
  She blacks out. She questioned in the PSI,
• 1:48:24
  whether treatment would benefit her, she says, she might benefit
• 1:48:28
  instead from therapy. I suspect.
• 1:48:31
  Maybe what she's getting at there?
• 1:48:33
  She isn't think she needs inpatient treatment but would
• 1:48:36
  benefit from, maybe something outpatient that, or she's
• 1:48:39
  talking about just therapy related to mental health.
• 1:48:41
  It's hard to say, At some point, this person started dating a man
• 1:48:46
  named Robert English. Robert English had a prior
• 1:48:49
  conviction involving receiving stolen property, where he was
• 1:48:53
  found with some burglarized property and he said, Kenneth
• 1:48:55
  octoling, did a bird there and gave it to him.
• 1:48:57
  Kind of said, no, I didn't. So Robert English got convicted
• 1:49:01
  of receiving stolen property, it was another case in roughly the
• 1:49:05
  same area. She says together she and Robert
• 1:49:09
  English. I do appreciate in the presents
• 1:49:13
  of investigation report. She talked about what they were
• 1:49:15
  doing that. They were just looking at nearby
• 1:49:18
  cabins seeing which ones had the signs that this is snowbirds.
• 1:49:23
  This is people aren't in their cabins all year long and pick
• 1:49:27
  those to burglarize. She admitted that Robert was out
• 1:49:29
  doing that. Admitted.
• 1:49:31
  She went out and did the burglaries with him.
• 1:49:36
  She says, they while she was doing this.
• 1:49:38
  She claimed she was high in methamphetamine and blackout
• 1:49:41
  drunk on, vodka. She did admit to having multiple
• 1:49:45
  victims in this case. As a result she spent 339 days
• 1:49:51
  in jail so far starting on April 4th the present.
• 1:49:54
  This is her first run-in with the criminal justice system.
• 1:49:57
  Her DNA was found at three of the scenes property from four of
• 1:50:03
  the burglaries was found in that room.
• 1:50:05
  She shared with Robert English at his mother's, how it's all of
• 1:50:10
  the burglaries were local. They're all in a close proximity
• 1:50:12
  to that location and this is consistent with what she told,
• 1:50:16
  the PSI, right, or with how they were picking targets and what
• 1:50:19
  they were doing. I think Doc is correct in that.
• 1:50:25
  I think she is a low-risk to reoffend. if and only if the
• 1:50:31
  following three conditions are met, and this is why I think
• 1:50:34
  they said probation, One and this is the most important.
• 1:50:38
  One. No contact with Robert Englund.
• 1:50:43
  I don't think it this happens or at least she's not involved with
• 1:50:46
  this if she doesn't meet robbery English, Two aoda conditions,
• 1:50:52
  she talks about how the methamphetamine use and they
• 1:50:55
  getting blackout drunk tied into this decision.
• 1:50:57
  Making no doubt, it's tied into decisions to associate with
• 1:51:02
  people like property English. Third.
• 1:51:04
  And this also might, I would say this might be even more
• 1:51:08
  important than the drug addiction.
• 1:51:09
  One, given what she described with using since she was 15
• 1:51:12
  work, she needs to get back to work.
• 1:51:15
  I don't think we can say it's a coincidence that she went to age
• 1:51:20
  31. Working.
• 1:51:23
  And then five years after that she stops working well Three to
• 1:51:33
  four years after she stops working is when these happen.
• 1:51:36
  Because these happened in 2020 for, I don't think that's a
• 1:51:39
  coincidence. I think if she's working and she
• 1:51:41
  is an associating with people, like Robert Englund and she is
• 1:51:44
  not using this doesn't happen. we get people like, Stephanie
• 1:51:50
  osterling, occasionally in these psi's, and it's always
• 1:51:53
  disappointing when we do these people, where they're educated,
• 1:51:58
  they have good work history. And then suddenly at, Some point
• 1:52:05
  in their 30s, they suddenly stop working, they stopped
• 1:52:09
  associating with the social connections, they had prior and
• 1:52:12
  they just kind of break bad. They start using drugs and they
• 1:52:15
  make crime. These are the people that have
• 1:52:18
  high rehabilitative potential, you stand, and start contrast to
• 1:52:23
  the cases. We have where, you know, we had
• 1:52:25
  somebody who is 40 or 50 and they have five years work
• 1:52:30
  experience at most to their name.
• 1:52:32
  Where we know even if they weren't convicted during the
• 1:52:34
  time we know how they were subsisting and how they were
• 1:52:36
  surviving. Stephanie, occupies obviously
• 1:52:40
  not one of those people she has potential for being
• 1:52:43
  rehabilitated. so, the way that ties in with how the court has
• 1:52:47
  to look at sentencing at first, has to look at Probation, unless
• 1:52:51
  of probation when unduly depreciate the seriousness of
• 1:52:54
  the offense. If Miss octoling plaid out on
• 1:52:59
  day one and came here and said, give me probation, it would have
• 1:53:03
  depreciated. The seriousness, the advanced.
• 1:53:05
  What makes it not do that here is that she has 339 days credit.
• 1:53:10
  She's been in jail for a whole year and that's been front
• 1:53:15
  loaded. In this case, that is why
• 1:53:17
  probation is not unduly depreciate.
• 1:53:20
  The seriousness of the events. In this case, Because she it's
• 1:53:25
  not just one year probation. It's more than a year County
• 1:53:29
  jail, if you count good time. what does get us to the state
• 1:53:36
  and post prison sentence on this though, is the gravity of the
• 1:53:38
  offense in this case This is her first offense.
• 1:53:41
  This is her first conviction. We Studies, when you look at
• 1:53:47
  recidivism say the predictive factors for whether or not
• 1:53:50
  someone's likely to reoffend in the future.
• 1:53:52
  The two biggest things are your age and what your prior history
• 1:53:55
  is and prior history is really in her favor.
• 1:53:58
  That's why compasses low-risk to re-offend.
• 1:54:02
  You don't need consistent with that.
• 1:54:05
  In this case, however, you can look at it on the one hand and
• 1:54:10
  look at the time frame of where these happen and say, this is
• 1:54:13
  one streak of behavior. It's one pattern of behavior and
• 1:54:16
  look at it from that way and come to one sort of analysis.
• 1:54:23
  A way that I think you have to to not depreciate, the
• 1:54:26
  seriousness of it is it is more than that, it was multiple
• 1:54:29
  victims and when you break down the behavior, I probably think
• 1:54:34
  about this more than say a judge money.
• 1:54:38
  When someone does a burke Or Glory, it's not just one
• 1:54:42
  discrete act. You can't just wave it away and
• 1:54:44
  say I was on the bed, I mean I was blackout drunk.
• 1:54:49
  We went to burglary. That was bad.
• 1:54:51
  I'm sorry for that because it's more than that when you do a
• 1:54:54
  Mercury. So Doing a burglary necessarily
• 1:55:00
  requires a whole lot of complex decision, making and logic and
• 1:55:04
  actions over a long period of time because you need to make
• 1:55:08
  the decision. You're going to do it, you need
• 1:55:11
  to find the targets that are soft that you could hit pick a
• 1:55:15
  time to do it, you go and do it. Like Mr. McManus said the nature
• 1:55:19
  of a lot of property here, not just at his, but a lot of these
• 1:55:22
  with the volume and the weight of some of the items, it would
• 1:55:26
  have took multiple trips, or multiple people.
• 1:55:28
  So then you've taken the property.
• 1:55:30
  So then, That part's done. After that, is the part of what
• 1:55:35
  do I do with it? Where do I put it?
• 1:55:37
  You have to necessarily think about those things.
• 1:55:40
  You have to think about what things do we like, do we keep
• 1:55:43
  which things are able to sell? How do you sell this sort of
• 1:55:46
  item, how do you sell that sort of item?
• 1:55:49
  Selling and getting money for these things.
• 1:55:51
  Can evolve a lot of different context of our long period of
• 1:55:54
  time. I'm trying to get at, as Anytime
• 1:55:58
  you have a burglary. Every single case it all so
• 1:56:02
  necessarily includes criminal thinking because there has to be
• 1:56:07
  complex reasoning and logic. And how you dispose of the
• 1:56:12
  property. How you pick it?
• 1:56:15
  All of the behaviors that go into the action.
• 1:56:17
  So that is something important too, as well as a condition of
• 1:56:22
  probation is this is I think every single burglary case needs
• 1:56:26
  one of those conditions for like the thinking for a change, more
• 1:56:30
  recognition type treatment, something to deal with the
• 1:56:33
  cognition because that problem exists in every single one of
• 1:56:37
  these. And it also shows why burglaries
• 1:56:40
  need to have like that state and imposed prison sentence here,
• 1:56:44
  that DLC recommends that six-year-old sentence is
• 1:56:48
  important. I think with Stephanie Ocker,
• 1:56:51
  it's likely to be a pretty effective deterrent.
• 1:56:54
  This is a person who Today. Is 306 years old, she just spent
• 1:57:04
  a year in jail. It's all the jail she's ever
• 1:57:07
  done in her life. And now, the court saying to
• 1:57:10
  her, if you do it again or you do even something lesser, that
• 1:57:13
  gets you revoke your looking at four years in prison.
• 1:57:18
  I think that's I, we know that with first-time offenders people
• 1:57:24
  who are not frequent consumers of the Criminal Justice System,
• 1:57:27
  those kinds of deterrents are very effective.
• 1:57:32
  So I'd ask the court to follow that argument.
• 1:57:35
  I think it's the best way to make sure this doesn't happen
• 1:57:39
  again. I think with the year jail and
• 1:57:42
  with the state imposed prison sentence, the offense is not
• 1:57:45
  appreciated. I think the court has.
• 1:57:51
  Meted out. The big sentence that was
• 1:57:55
  already necessary on the person who obviously masterminded this
• 1:57:58
  with Robert English, when it did, the prison sentence
• 1:58:01
  consecutive to his revoke receiving stolen property
• 1:58:04
  sentence. I think the 339 days, she's
• 1:58:08
  already set and now and staying in post prison sentence
• 1:58:11
  accomplished the same objectives here.
• 1:58:13
  Thank you. Thank you.
• 1:58:16
  All right, Ms. Heron. Thank you.
• 1:58:19
  We do have one person who wants to make a statement.
• 1:58:24
  That would be Pastor Goodwin very briefly.
• 1:58:29
  You can come up here and provide these statement. 4.
• 1:58:39
  Thank you. I'll just read this pastor.
• 1:58:43
  Goodwin echol Community Church in Grantsburg.
• 1:58:48
  And I wrote this letter to submit this but attorney asked
• 1:58:53
  me to read it. So it's this letter is regarding
• 1:58:55
  Stephanie eckerling incarcerated at Burnett County Jail.
• 1:59:00
  And it's about my interaction with her.
• 1:59:02
  I have been meeting with her one-on-one weekly for the past
• 1:59:06
  six months, I've noticed a real sense of Contrition and desire
• 1:59:11
  to make real changes in her life.
• 1:59:14
  Had Bible study and prayer time with Stephanie each visit.
• 1:59:18
  She acknowledges that God's Providence has her here because
• 1:59:23
  of her own actions and blames no one else she has no church or
• 1:59:29
  religious background in her life but has really responded to what
• 1:59:34
  the Lord has been teaching her through Bible study and
• 1:59:37
  religious Services here in the county jail.
• 1:59:42
  And so I just give my A, my opinion of her is the thought of
• 1:59:49
  her re committing. Any of these crimes.
• 1:59:52
  Just she's come to be like a new person.
• 1:59:56
  She's very intelligent and I would recommend that probation
• 2:00:03
  would be. Oriented.
• 2:00:07
  Thank you. All right, thank you.
• 2:00:10
  And I have some certificates at another letter.
• 2:00:15
  Should I give them to the parking?
• 2:00:17
  Just give them to me. I've read the letter from Pastor
• 2:00:44
  Cecilia, pardon. All right, I have reviewed all
• 2:01:35
  of the certificates. There are many thank you.
• 2:01:45
  Runner, the defense is recommending, the
• 2:01:52
  Recommendations from the alternative.
• 2:01:55
  Presents report. Which is.
• 2:02:00
  Three years probation with health and three years,
• 2:02:03
  probation on counts, two and 11. 18 months, probation with health
• 2:02:10
  sentence on counts, two, and 35. All to run.
• 2:02:14
  Concurrent the Convictions, particularly on the burglaries
• 2:02:22
  are on serious offenses. The defense. generally agrees
• 2:02:31
  with the arguments of the state, I'm not going to repeat
• 2:02:35
  Generally the statements made by Mr, Schmidt.
• 2:02:42
  I want to highlight some things about mischling, from both
• 2:02:48
  psi's, I noted a few things that She?
• 2:02:54
  She kind of did in both psi's. She talked about her childhood
• 2:02:59
  as being basically a happy childhood sounds like there's
• 2:03:04
  some challenges but she characterized that childhood is
• 2:03:07
  happy. She spoke about some rough times
• 2:03:15
  in that relationship with Mr. English, that included some
• 2:03:18
  abuse from him, some substance abuse. but, Interestingly, she
• 2:03:27
  didn't blame her behavior on anybody.
• 2:03:32
  I think that speaks to her ability to correct your behavior
• 2:03:36
  as Mr. Schmidt alluded to in his argument so I would ask the
• 2:03:44
  court to situation. She recognized the harm that she
• 2:03:52
  has done. She?
• 2:03:57
  Understands. What?
• 2:04:04
  And has come to understand more, and more throughout time that
• 2:04:08
  she's spent in custody. The harm.
• 2:04:13
  That has been done to the victims. and, one of the things
• 2:04:20
  that could also be done during term of probation is some kind
• 2:04:25
  of community service in addition to other things like therapy, it
• 2:04:34
  would seem That also based on the presentence investigation
• 2:04:40
  and the alternative report that there is some level.
• 2:04:44
  I'm not a therapist, but also it seems like there's a theme of
• 2:04:51
  kind of codependency. In her life.
• 2:04:56
  First with her brother then with Mr. English.
• 2:04:59
  And again, she is not blaming them on her, she's not blaming
• 2:05:06
  them for her behavior but There does seem to be a pattern in her
• 2:05:13
  life and she's choosing people to be around with. but, that may
• 2:05:21
  also assist her in the future for her to Stand up more for
• 2:05:26
  herself for her to have the self-esteem to continue with
• 2:05:30
  their education and to be more successful in her life.
• 2:05:36
  Because of her. Lack of Prior history because of
• 2:05:42
  her. Prior.
• 2:05:46
  Success in life, her lack of blame.
• 2:05:49
  Of others for acknowledgment of the seriousness of what she's
• 2:05:54
  done. Her potential.
• 2:05:59
  For correcting her behavior. We do ask the court to withhold
• 2:06:04
  sentence in place around probation.
• 2:06:07
  I understand the state's perspective on.
• 2:06:15
  The imposed and States sentence. However, there are also reasons
• 2:06:22
  for the court to withhold sentence and have Some measure
• 2:06:27
  of. An ability to impose a sentence
• 2:06:34
  when the time comes if there is a revocation.
• 2:06:40
  I'm optimistic that Miss actor. Ling would not be would not be
• 2:06:46
  in that situation. Based on getting to know her
• 2:06:49
  over the last year. I can't imagine that would
• 2:06:55
  happen. I'm very optimistic for her and
• 2:06:57
  hope the court will adapt. One of the recommendations here
• 2:07:02
  today and I believe she has a statement.
• 2:07:05
  She wants to make All right. and, This actually, if you're
• 2:07:14
  going to read a statement, please make sure that you can
• 2:07:16
  read it slowly and enunciate your words.
• 2:07:19
  So that both myself as well as my court reporter can hear and
• 2:07:23
  understand, okay? Donna, thank you for the
• 2:07:27
  allowing me, the opportunity to speak today.
• 2:07:30
  I know how it feels to lose something that cannot be
• 2:07:32
  replaced. And I know that I caused knowing
• 2:07:36
  that I caused the same hurt to another person and their family
• 2:07:38
  and how it affected them and their family deeply breaks, my
• 2:07:42
  heart. Nobody deserves to go through
• 2:07:44
  that kind of pain. And understand that saying I'm
• 2:07:48
  sorry, doesn't make the piece and security. so victims once
• 2:07:52
  had my actions were unexcusable. And I deeply and truly apologize
• 2:07:58
  from the tips of my heart. We're coming in here.
• 2:08:02
  I was going to just talk to pass.
• 2:08:04
  Being brought in here. Has saved my life forever
• 2:08:08
  changed my life. Well, being in here just turned
• 2:08:11
  it all the groups that were offered to me.
• 2:08:13
  Which is giving me the tools necessary for a better future.
• 2:08:17
  Because of the situation, it brought me to God and accept
• 2:08:20
  Jesus Christ as my Lord and Savior.
• 2:08:23
  Who is giving me a new positive and Healthy Outlook and how I
• 2:08:25
  want to live my life. With that being said, I want to
• 2:08:28
  thank you for saving my life. I plan on finding a church in my
• 2:08:32
  community of given the opportunity to return home.
• 2:08:35
  I want to continue on the right path with God on my side and
• 2:08:39
  following the guidelines and help given by probation and I'll
• 2:08:43
  continue to maintain my sobriety.
• 2:08:45
  You're finding support groups in my community.
• 2:08:47
  I also want to get stable employment.
• 2:08:50
  And continue to improve my life. I'm committed to following all
• 2:08:54
  the court requirements you're on her.
• 2:08:56
  I respectfully ask the court consider my efforts to take
• 2:08:59
  responsibility and the changes I've made and we continue to
• 2:09:02
  make well, the training my sentence.
• 2:09:04
  Thank you for the taking the time to listen.
• 2:09:07
  Thank you. This actually I have for the
• 2:09:18
  arguments of both attorneys, I've heard it character
• 2:09:21
  reference for you at rent. A letter of seen, all of the
• 2:09:24
  certificates. I've read the Department of
• 2:09:27
  Corrections presents investigation.
• 2:09:29
  I read the alternate presents investigation.
• 2:09:32
  I heard a statement from the victim.
• 2:09:36
  I have read within the PSI document other statements from
• 2:09:42
  victims of lives that you have impacted.
• 2:09:47
  There's a lot here. There's a lot for the court to
• 2:09:51
  sift through and to look at when a court sentence is an
• 2:09:58
  individual. I have to look at multiple
• 2:10:02
  factors and multiple things. First, I have to look at the
• 2:10:05
  nature and the gravity of the offense or the offenses, here
• 2:10:08
  there's multiple. And I that's the seriousness,
• 2:10:11
  how serious are these matters in these cases?
• 2:10:14
  Second, I look have to look at your character, your prior
• 2:10:18
  criminal record. All of those things that are
• 2:10:20
  contained in both of these documents.
• 2:10:24
  And then I have to look at the need to protect the public.
• 2:10:29
  I have to look at other things as well.
• 2:10:31
  I have to look at the effect of the of the victims.
• 2:10:34
  Any rehabilitative needs that you have, if there's any excuse
• 2:10:39
  me, undesirable Behavior patterns, your culpability your
• 2:10:43
  age, your education, your history.
• 2:10:45
  I also have to look at what's called deterrents.
• 2:10:51
  There's two types. One is specific deterrence to
• 2:10:53
  specifically deter you from committing other crimes or
• 2:10:58
  specially crime like this and general deterrence to generally
• 2:11:03
  deter others from doing the same thing.
• 2:11:07
  All right. and when I'm looking at deterrence, Specifically with
• 2:11:13
  you a sentence has to be crafted to ensure that again, this is
• 2:11:18
  serious enough that you understand that you cannot
• 2:11:22
  engage in things like this. You have to change your habits,
• 2:11:25
  the things you do, you have to change your Associates, the
• 2:11:29
  people, you hang out with Robert English, perhaps even your
• 2:11:33
  brother, you have to change your self.
• 2:11:36
  All right. That's the only way you can
• 2:11:39
  significantly improve your life and stay on the right path.
• 2:11:44
  You have to surround yourself with people who have the same
• 2:11:49
  alignment of any desired goals or any other positives.
• 2:11:55
  People that can greatly influence you in a positive way.
• 2:12:00
  And not in the negative how it's happening the last few years.
• 2:12:05
  All right. With General deterrence, I have
• 2:12:09
  to look at generally, generally. Deterring others.
• 2:12:14
  From again doing the same or similar crimes, we live in
• 2:12:18
  Burnet County. I live in Burnet County.
• 2:12:20
  You do not a lot of the people in this room live in Burnet
• 2:12:25
  County or have a vacation residence.
• 2:12:27
  There are so many vacation homes in brunette County.
• 2:12:30
  You're from Minnesota, you have no connection to Burnet County,
• 2:12:34
  except for Robert English, and his mother, and her home here.
• 2:12:38
  That's your only connection And you're shaking your head up and
• 2:12:42
  down because, that's true. Yes.
• 2:12:46
  But for net County, it's a small County. in the winter time in
• 2:12:52
  the colder months other than having snowmobilers and those
• 2:12:55
  things and Ice fisherman when we have nice weather to do so nice
• 2:13:01
  snow We have a population of 18,000 19,000 people.
• 2:13:07
  Okay, in the summer, when we have all of the people who come
• 2:13:13
  and have all of their vacation homes, because we have many,
• 2:13:16
  many vacation homes, our population, Skyrockets.
• 2:13:20
  Okay, we can go up to 80,000 or more people in this small
• 2:13:26
  County. During the warm months.
• 2:13:30
  That makes all of those. Vacation properties, all of
• 2:13:35
  those homes with snowbirds and people that go away for the
• 2:13:39
  winter. Vulnerable. and it has, we've
• 2:13:45
  had multiple strings of burglaries. and, As it's been
• 2:13:51
  stated in Mr. English's sentencing.
• 2:13:54
  He was part of a crew or himself that engaged in multiple
• 2:14:00
  burglaries over multiple times in years.
• 2:14:04
  Now you since meeting Mr. English joined forces.
• 2:14:10
  And you burglarized multiple homes in brunette County homes
• 2:14:15
  and buy homes. I mean vacation properties
• 2:14:17
  cabins, those kinds of things multiple places.
• 2:14:21
  And some multiple times for one place.
• 2:14:28
  And that is victimizing. An entire community.
• 2:14:32
  That is putting an entire community.
• 2:14:36
  In fear. because when you burglarize, Somebody's home or
• 2:14:43
  somebody's vacation property their cabinet, Etc.
• 2:14:46
  You're not just taking away from them.
• 2:14:53
  Pretty, it's more than just personal property.
• 2:14:57
  It's more than the fishing gear, it's more than the ATVs.
• 2:15:01
  The UTV's it's more than the motors.
• 2:15:04
  It's more than, you know, the tools and all of those things.
• 2:15:08
  But you are taking away from people Is their peace of mind.
• 2:15:14
  You are taking away their security.
• 2:15:16
  You are taking away. From some people their home away
• 2:15:21
  from their home. their place that they come to decompress to
• 2:15:27
  distress to enjoy life and to get out and to Enjoy what
• 2:15:34
  Burnett County has to offer. And the more that we have
• 2:15:39
  individuals like yourself and like Mr. English and like your
• 2:15:43
  brother coming in and destroying that, the more you are
• 2:15:47
  destroying Burnet, counties ability to Of Tourism to
• 2:15:55
  increase their ability to support.
• 2:15:57
  Each of the people that reside here in Burnet County and make
• 2:16:00
  this home. So your impact of burglarizing
• 2:16:05
  one property or two properties or three properties, or one more
• 2:16:09
  than another, you are impacting more than just three, four,
• 2:16:14
  five, six families. It's an entire community.
• 2:16:27
  Burglaries are serious in multiple ways including the fact
• 2:16:32
  that I know that it sounds from what I've read.
• 2:16:35
  And from what I've heard that each of the homes or vacation
• 2:16:41
  properties were either, Staked out or cased.
• 2:16:46
  So to speak to see if and when people have been there so that
• 2:16:51
  they're an easier Target to hit but the fact is is that it's
• 2:17:08
  this crime, it can be defined as Serious.
• 2:17:15
  Also because even though you staked them out, you case, the
• 2:17:19
  joints you did the things and thought that people were not
• 2:17:23
  going to be there. You hit that property.
• 2:17:30
  When you went to go. Take things that weren't yours
• 2:17:35
  from that property. Somebody could have been there.
• 2:17:38
  Something more serious could have happened. we could have had
• 2:17:42
  somebody hurt or killed. And you not know that someone
• 2:17:49
  was unexpectedly at their own. Property. and we could have been
• 2:17:57
  here for a far, more serious crime, in addition to these
• 2:18:01
  Kearns, now, I've reviewed and read all of the, the information
• 2:18:08
  in all of The the facts and about you.
• 2:18:19
  Other than starting to use. Substance abuse substance
• 2:18:24
  substances at a very early age and it sounds like I'm not sure
• 2:18:30
  if I gather this correctly but your brother may have been an
• 2:18:33
  influence, that's what I've read or gathered from these
• 2:18:37
  documents. but it seems like Other than that, you had a
• 2:18:42
  pretty good childhood. You have a mother who's been
• 2:18:47
  protecting you and being there for you for your whole life.
• 2:18:53
  And you're kind of shaking your head up and down. and, you
• 2:19:02
  didn't have some of the Traumas, that I see of other people
• 2:19:09
  sitting in that chair. but for the fact that you, perhaps have
• 2:19:16
  some issues and you decided to use substances and alcohol at a
• 2:19:21
  very early age, I don't see the reason as to coming down this
• 2:19:29
  path. Or finding Robert English. oh
• 2:19:34
  because all in all, I've heard really good things said by the
• 2:19:40
  district attorney that up until the age of 31, or so, you were
• 2:19:45
  doing well, you had good jobs, you did things, you were a good
• 2:19:50
  daughter, you had all of the positives.
• 2:19:57
  The lost your job that happens. But you usually people then, Go.
• 2:20:03
  Okay. I'm going to gather everything
• 2:20:05
  up. I'm going to look at a different
• 2:20:06
  career. I'm going to do some other
• 2:20:09
  education classes, or I'm going to get their certificate and I'm
• 2:20:12
  going to do this instead of that. but instead, you will
• 2:20:18
  allowed. Negative Associates in your life
• 2:20:23
  and people to kind of help. Change your path.
• 2:20:30
  They were your choices. Wasn't a mistake.
• 2:20:33
  You made the choices to associate with individuals that
• 2:20:39
  you probably at the time. Knew you shouldn't And you
• 2:20:45
  continue down that path. because with each and every Facing of a
• 2:20:51
  property with each and every staking out that property to see
• 2:20:55
  if it was a good Target. With each and every break of a
• 2:21:01
  window. Or Dimming of a door or with
• 2:21:07
  every time you cut off a padlock or whatever you did to get into
• 2:21:11
  these properties each and every time.
• 2:21:15
  It was a choice. And, you know, it was happening.
• 2:21:19
  And then each and every time came back with your loot or
• 2:21:23
  Treasures. From other people's properties.
• 2:21:28
  You sifted through them. Like they were.
• 2:21:34
  Just found or abandoned property and you took what you wanted and
• 2:21:39
  you decided what to sell and how to sell it, and who did help
• 2:21:42
  sell it. And you brought other people in
• 2:21:45
  the out of the people in this. Rather people work.
• 2:21:52
  But each and every step was a choice.
• 2:21:54
  You could have walked the way. You could have said, no, you
• 2:21:58
  could have told authorities it could have told your mom.
• 2:22:00
  It could have told somebody else you could have done anything at
• 2:22:06
  Each of the specific dates and times and steps that could have
• 2:22:11
  prevented further loss from other people.
• 2:22:15
  But you didn't do that. The way that until you got
• 2:22:19
  caught. And there was a huge
• 2:22:22
  investigation. I'm going to tell you just
• 2:22:27
  because we're a small County, doesn't mean that we have
• 2:22:29
  officers, that don't know how to do their jobs, they do, and they
• 2:22:33
  do very well. because this wasn't an easy thing to pinpoint
• 2:22:38
  and to track and to find and to determine So, I need to look at
• 2:22:47
  protecting the public and that means I need to protect the
• 2:22:51
  public. From you.
• 2:22:54
  And from Behavior like this, I need to also protect the victims
• 2:22:59
  that are involved because they are.
• 2:23:01
  They have specifically been targeted and are Suffering and
• 2:23:06
  impacted by your decisions. So I have to look at that but
• 2:23:10
  the state is correct in the fact that the law requires that I
• 2:23:15
  look at probation first. probation is the first thing I
• 2:23:20
  have to look at Unless confinement, that means prison
• 2:23:24
  here unless prison is necessary to protect the public from
• 2:23:30
  further criminal activity from you.
• 2:23:33
  Unless you need Correctional treatment, that means you can
• 2:23:38
  only get to treatment confined in prison, because you're not
• 2:23:41
  going to be able to do it on your own.
• 2:23:43
  You won't seek the services, you won't listen to an agent, you
• 2:23:46
  won't do those things. Or if probation would unduly
• 2:23:51
  depreciate, the seriousness of the offence offenses.
• 2:23:53
  Okay, when I'm looking at this case, It's very serious.
• 2:23:59
  They are serious. And it's aggravated because we
• 2:24:02
  have multiple burglaries multiple victims here. but in
• 2:24:07
  looking at the things that I have to consider, and the fact
• 2:24:13
  that you have no criminal history, you were law abiding.
• 2:24:17
  For using substances and doing those things.
• 2:24:21
  And or you may have engaged in other things, you just didn't
• 2:24:24
  get caught but you were law abiding until you were 31 or so.
• 2:24:31
  oh, you have the ability to Become law-abiding again.
• 2:24:37
  You obviously have brains or you wouldn't have had a good job,
• 2:24:41
  like you did, so you can do something else.
• 2:24:44
  You just have to steer yourself that way and you have to be
• 2:24:47
  dedicated enough to to want you You have to want you and want to
• 2:24:55
  better life for you. You choose you.
• 2:25:00
  Next time. Don't you?
• 2:25:03
  Someone who's giving you flattery here or there or trying
• 2:25:06
  to make you feel good? That's all talk.
• 2:25:12
  Only you can make yourself feel good. so if that means going to
• 2:25:17
  therapy if that means getting a better job by doing education,
• 2:25:22
  if that means getting certificates, that's what you
• 2:25:24
  have to do because only you can make you feel good and only you
• 2:25:30
  can allow yourself to love yourself.
• 2:25:40
  Based on the totality of the circumstances, I'm going to
• 2:25:42
  craft my sentence. This way. and there's going to
• 2:25:51
  be the necessary protections for the public in general as well as
• 2:25:55
  for the victims specifically, With regards to, I'm going to go
• 2:26:07
  with the best first. And believe that is count. 26,
• 2:26:16
  and 35. With the misdemeanor thefts,
• 2:26:21
  when I'm going to do is I'm sensing you to nine months of
• 2:26:24
  jail. As a sentence.
• 2:26:37
  And I am assessing. 443 in fines and fees.
• 2:26:50
  With regards to. The burglary counts.
• 2:26:59
  I am sentencing you to Three and a half years of initial
• 2:27:09
  incarceration. With three years of extended
• 2:27:14
  supervision. But I'm staying that and placing
• 2:27:19
  you on probation for five years. This is a blessing for you.
• 2:27:28
  You could have been sent to prison today. with the
• 2:27:36
  burglaries, what I'm going to do is I am going to order that
• 2:27:41
  there be one year of conditional jail With credit for the time,
• 2:27:47
  she has already been serving. So, that would mean, I believe
• 2:27:51
  if I've calculated it correctly because I think the jail goes by
• 2:27:55
  360 for a year. You do go by 3605 for a year.
• 2:28:03
  Oh okay. Thank you. so then, I had 21
• 2:28:11
  days but then that is not correct because I was going by
• 2:28:14
  And I thought was correct. So, you would have about another
• 2:28:20
  month to serve. Because this is serious and you
• 2:28:25
  need to understand the severity. And with regards to the theft
• 2:28:33
  and the conditional jail, they are concurrent the same credit.
• 2:28:39
  The 339 days of Geo credit. Conditions on probation and
• 2:28:49
  extended supervision. No contact with Robert English.
• 2:29:00
  No contact with Kenneth actually unless your department or your
• 2:29:05
  doc agents approves. And aoda assessment and follow
• 2:29:13
  through. No, use for possession of any
• 2:29:17
  illegal, drugs, substances or paraphernalia.
• 2:29:21
  No alcohol. No bars taverns, liquor stores
• 2:29:27
  Casino or establishments that have the primary purpose for the
• 2:29:31
  sale for the service of alcohol. If you are employed at a place
• 2:29:36
  that serves alcohol, you must get your Department of
• 2:29:40
  Corrections agents approval for that employment.
• 2:29:45
  Must have gainful employment or additional education.
• 2:29:58
  Regular testing. And so, you know that the no use
• 2:30:03
  or possession of the legal substances that does include
• 2:30:06
  THC, even though you're living in Minnesota, you may not use
• 2:30:10
  THC, even for medicinal purposes.
• 2:30:19
  No contact with brunette County except for probationary purposes
• 2:30:25
  or court-related purposes. Any Court related purposes Or.
• 2:30:35
  Any other purposes that you've asked the court for?
• 2:30:39
  A written. Permission to do.
• 2:30:42
  So and you must have court approval. the court believes
• 2:30:49
  here that based upon the number of vacation homes and the fact
• 2:30:57
  that there is proven staking out or scoping, the homes where
• 2:31:02
  people were snowbirds or they were not using that property all
• 2:31:06
  the time that the community is at risk at hole for further,
• 2:31:13
  burglaries. You may not have contact with
• 2:31:22
  Robert English as mother. Or obviously her home.
• 2:31:30
  No contact with any of the victims.
• 2:31:34
  Their residents. Or any vacation properties.
• 2:31:39
  That they have. Teen hours of community service.
• 2:31:58
  Per year. For the first three years of
• 2:32:03
  probation. Any.
• 2:32:22
  Program, that your agent deems. Necessary.
• 2:32:28
  No contact with any convicted, felons. unless in a treatment
• 2:32:34
  facility or your agent's approval, you must reside with
• 2:32:45
  your mother. Until your agent approves.
• 2:32:50
  Otherwise, With the felonies 518 in fines
• 2:33:05
  and fees. You are paying probation.
• 2:33:12
  Because there was restitution. Is the restitution stipulated.
• 2:33:17
  What does that amount? Bringing up the supplement
• 2:33:27
  submitted to the core real quick.
• 2:33:43
  Let's 24th Lindsay real quick. Thank you for the gifting of the
• 2:33:47
  team members are very much appreciate that file.
• 2:33:49
  Then May 2nd 2025. There's a later.
• 2:33:54
  One earlier there's an October 1st one.
• 2:33:56
  It's document 41. In 20 by CF 42.
• 2:34:04
  I picked the right. And that is 1,344.84.
• 2:34:12
  The court is ordering stipulation, all right, his
• 2:34:15
  ordering restitution for the stipulation and that is joint in
• 2:34:19
  severally liable with co-defendants.
• 2:34:27
  They're going to again, pay probation.
• 2:34:30
  The court is going to order. $500 per month.
• 2:34:41
  In payments. The payments will begin, I'll
• 2:34:48
  give you a grace period because you have another month of
• 2:34:50
  conditional jail, and you're going to need to get out and try
• 2:34:54
  and look for employment. You will begin.
• 2:35:02
  August 1st. That is a condition of your
• 2:35:09
  probation. If you fail to make your
• 2:35:11
  payments, you fail to abide by your conditions of Probation.
• 2:35:15
  Then the you could be revoked and you could be sent to prison.
• 2:35:21
  It's very important if you have don't have the ability to pay
• 2:35:24
  500 dollars per month. The court is going to have a
• 2:35:28
  restitution hearing and yeah, restitution here, you'll come to
• 2:35:33
  restitution court and you will advise the courts as to why you
• 2:35:36
  are unable to. He that amount per month and
• 2:35:40
  there could be consequences, which would be additional
• 2:35:43
  conditional jail and or revocation.
• 2:35:52
  If you are revoked off of probation, you would be eligible
• 2:35:56
  for substance abuse programming or into release programs and the
• 2:36:01
  challenge incarceration program. You have 20 days to appeal,
• 2:36:17
  should you feel to appeal within 20 days?
• 2:36:19
  You do lose that, right failing to pay your fines and fees.
• 2:36:23
  Not only will the court, enter a civil judgment against you, but
• 2:36:25
  you could, the court will issue a warrant.
• 2:36:28
  You could sit up to six months in jail because you are still on
• 2:36:31
  probation. That would be extraditable from
• 2:36:35
  Minnesota to Wisconsin. I need your DNA, the jail will
• 2:36:40
  make sure that they get your DNA in a case like this, I'm not
• 2:36:43
  certain, if you'd be able to have it, expunged from the
• 2:36:46
  system through a Written Letter, to the Department of Justice.
• 2:36:49
  I don't think this is a felony that you could do that, but you
• 2:36:52
  certainly can try. So, you would need to do a
• 2:36:56
  Written Letter to the Wisconsin Department of Justice, not to
• 2:36:58
  this court 339 days of jail credit.
• 2:37:05
  It may no longer use or possess a firearm for life.
• 2:37:08
  No voting in any election until your civil rights.
• 2:37:10
  Restored, Mr, Schmidt, what am I missing?
• 2:37:14
  The only request I'd make is for the no contact with Robert
• 2:37:17
  english's mother. If we put that by name, Diana
• 2:37:20
  Bellinger just because I think she's going to be going to a
• 2:37:23
  jurisdiction other than here where they might not know what
• 2:37:25
  that is. Thank you, that is very
• 2:37:27
  important to have Diana Bellinger mother of Robert
• 2:37:30
  English. And that means any residents
• 2:37:33
  that she has. So she moves to Minnesota.
• 2:37:35
  You still can't see her in Minnesota.
• 2:37:39
  Anything further no Miss parents.
• 2:37:44
  He only thing I would know for the record is, she may not know
• 2:37:48
  the names of the victims, she may not know their addresses and
• 2:37:53
  other locations. I'm just noting that for the
• 2:37:56
  role in her record so she that so she would be able to have
• 2:38:00
  those. Okay, I believe because the
• 2:38:03
  Department of Corrections will be able to provide that tour and
• 2:38:05
  let her know who she cannot contact with.
• 2:38:07
  I don't think they'll give her. Give she won't, they won't give
• 2:38:10
  her their addresses specifically.
• 2:38:13
  But perhaps they might say he Dinah.
• 2:38:19
  It anything further? No.
• 2:38:21
  All right. Then you have additional
• 2:38:26
  conditional jail to sit. Once you are done with that,
• 2:38:28
  you're going to need to make sure that you have your
• 2:38:31
  probation set up here and then they'll transfer it to
• 2:38:34
  Minnesota. Again, you are required in order
• 2:38:38
  to live with your mother until Department of Corrections
• 2:38:42
  otherwise determines appropriate, okay?
• 2:38:44
  All right. Again we are adjourned.
• 2:38:47
  Thank you. You see a fly live, it's a
• 2:38:53
  Monday. It's good to have you all here.
• 2:38:55
  Lots of new people, I think out there based on the stats that
• 2:38:58
  I'm seeing. So if you are new here, feel
• 2:39:01
  free to say hi in the chat. This is an incredibly friendly
• 2:39:04
  community of stumbled into a good place.
• 2:39:09
  Note 4, the 4th hour. The first half an hour of the
• 2:39:13
  fourth hour. We're going to do core at the
• 2:39:14
  last half. I do have a couple of things I
• 2:39:16
  want to cover. So we'll get into those.
• 2:39:20
  Let's do this. Let's go to Texas per our
• 2:39:23
  promise. Well, we still can 9 to 11% more
• 2:39:26
  judge, Boyd. So, the motion for speedy trial.
• 2:39:31
  For dismissal before we go on the record.
• 2:39:33
  So I can be clear about everything, it is.
• 2:39:36
  For 2024 CR. 0 0, 8 1, 2, 4 actually, judge.
• 2:39:43
  All the cases are basically the same transaction, so it is going
• 2:39:47
  to apply to all of them. Like I'm sure I followed in all
• 2:39:49
  the cases. All right.
• 2:39:49
  Can I see it for all cases? Please.
• 2:40:39
  And is that they're all cases? Yeah, yeah. it's All right,
• 2:40:46
  chord is calling and you've had a chance to review.
• 2:40:49
  I have judge. All right.
• 2:40:50
  Cordes calling 2024 cr0 08124. 2024 cr0, 08173 and 2025 C are
• 2:41:01
  007834, State versus Christian Alan Ruiz Garcia.
• 2:41:06
  Could, I have parties announced for the record for the state for
• 2:41:10
  the State Defense? Raymond Martinez, and are you
• 2:41:12
  Mr? Christian.
• 2:41:14
  Alan Ruiz Garcia. All right, defensive filed a
• 2:41:19
  motion in each of these costs numbers to dismiss for lack of
• 2:41:22
  due diligence and violations of rights to speedy trial.
• 2:41:26
  All right defense, it's your motion.
• 2:41:29
  And judge I would ask the court to allow me to basically make
• 2:41:31
  this argument all these cases. They're all one series of events
• 2:41:35
  at all happened together. So any objection, all right, you
• 2:41:38
  may proceed counselor. The court will recall in.
• 2:41:40
  Bring up to one of the reasons for today's setting was to bring
• 2:41:44
  the defendant, who was a juvenile who's now in TDC two
• 2:41:47
  court. Because we want him to testify
• 2:41:49
  in our case, we can't even accomplish that is nobody has
• 2:41:52
  his birthday. I don't have access to his
• 2:41:54
  birthday. Stay with, and I'm assuming
• 2:41:56
  normal to all right, the court will know for the record that
• 2:42:00
  defense counsel did file applications for a bench
• 2:42:04
  warrant. All right.
• 2:42:05
  The receipt. So just this case happened in
• 2:42:07
  June of 2024 specific specifically Well.
• 2:42:14
  I thought I had the specific day but I know but the court has it
• 2:42:17
  before it send unit. 2024 judge the defending, this case is
• 2:42:20
  demanded his righteous Speedy travel, we followed our notice
• 2:42:22
  of appearance back on June 11th of 2024.
• 2:42:25
  The case has got indicted on August 8th of 24.
• 2:42:28
  So he's been under indictment well over a year and a half.
• 2:42:34
  Terms of the harm issues, I'm just going to go through what
• 2:42:36
  I've decided in my motion, a critical witness, Joshua Garcia,
• 2:42:40
  who was a juvenile at the time, a codependent.
• 2:42:42
  I think everybody can agree that he was, he's in essence of
• 2:42:45
  codependent was charged in juvenile court and just just one
• 2:42:48
  moment state. Do you agree?
• 2:42:50
  That's co-defendant it. It is just.
• 2:42:51
  All right, you may proceed. And that his case is where Judy
• 2:42:55
  in the juvenile court. And then, So much time has
• 2:42:58
  passed judge. He actually has been released
• 2:43:00
  from juveniles and sort of since it was a certification, he was
• 2:43:04
  then sent to TVC which We believe he's there.
• 2:43:08
  We have an actually found him. And today we were set for
• 2:43:12
  purposes of seeing whether or not he responded for the, he was
• 2:43:15
  presented to the court pursuant to our benchmark.
• 2:43:18
  In this case, judge if you recall we just the defense has
• 2:43:21
  been asking for the very beginning because she's a Cody
• 2:43:22
  and because he has his own set of Discovery and more
• 2:43:26
  importantly in this case he had other aggravated robberies.
• 2:43:29
  In addition to the ones that was my client.
• 2:43:30
  So our theory was there was our Theory, our defense is that my
• 2:43:35
  client was Participating in the particular case he was involved
• 2:43:39
  in under duress and we wanted to be able to demonstrate the trial
• 2:43:42
  of this case, the character and the nature of this codependent.
• 2:43:45
  What he had done in the past is use of weapons is Mo if you will
• 2:43:50
  to show that because my client was only involved in this
• 2:43:53
  particular date. And it wasn't in the others to
• 2:43:56
  help support our suggestion that he was operating under defense
• 2:44:01
  under. I'm sorry under duress, but we
• 2:44:03
  can't get any of that evidence. The court recall more than a
• 2:44:07
  year ago. This court had a hearing where
• 2:44:09
  the court asked, the juvenile prosecution to appear and to
• 2:44:13
  answer to why they wouldn't give us this evidence, and they, in
• 2:44:15
  fact, appeared on zoom. And this court had the
• 2:44:18
  opportunity to question them and find out and they said they
• 2:44:21
  would not be giving the evidence they refused.
• 2:44:23
  Yes, one of the few times I've seen a lawyer in this court
• 2:44:27
  actually tell the judge know judge we refuse to do what
• 2:44:29
  you're telling us to do. Okay, so we step back from that
• 2:44:32
  and we regrouped, we found a provision in the, in the code
• 2:44:36
  that says that we can petition, that juvenile judge to have a
• 2:44:39
  hearing, and determine whether or not circumstances exist for,
• 2:44:43
  he would order the disclosure of the records.
• 2:44:45
  So, we did that, he denied it, they argued against it, he
• 2:44:49
  denied it, except to the extent that he said, we could review
• 2:44:52
  the file that pertain to our case.
• 2:44:54
  Well, that was kind of Point. Let's we already have the files
• 2:44:57
  to our case because we have discovered from my client. but,
• 2:45:01
  We'll give it a go. Never got him and we provided
• 2:45:04
  case numbers to the state. The state said, we don't have
• 2:45:06
  those files. And to further, clarify the
• 2:45:10
  record, the juvenile prosecutors told us that they, in essence
• 2:45:14
  took into consideration. The cases that my client is
• 2:45:16
  charged with and never really pursued them, because he had so
• 2:45:19
  many others that he got prosecuted on.
• 2:45:21
  So they won't even share with those cases were in the system.
• 2:45:23
  Not sure they even got filed on. And when you say other cases,
• 2:45:28
  you're speaking about your clients co-defendant, correct.
• 2:45:31
  All right. The codependent had double digit
• 2:45:36
  number of aggravated robberies and so they the ones they chose
• 2:45:39
  to prosecute didn't coincide with my client's case.
• 2:45:42
  Unfortunately. So that was another area in
• 2:45:45
  which we were not able to get the records.
• 2:45:51
  He said well let's get the dependent here.
• 2:45:53
  Let's get the code in here. We can get through him.
• 2:45:55
  What we need? We can't get him here and I will
• 2:45:59
  tell you judge that, a Garza, and I think we've talked about
• 2:46:01
  this before and I think he's been here before is juveniles.
• 2:46:06
  Attorney and he has suggested to me and it's not so quite I will
• 2:46:09
  tell you that is advice to this clams and be not to say anything
• 2:46:12
  which is understandable because those cases weren't prosecuted.
• 2:46:15
  They still could be theoretically, and he could
• 2:46:18
  expose himself to all kinds of problems with those cases, but
• 2:46:21
  with perjury and everything else.
• 2:46:22
  So, even if we were able to get him here, I don't believe we
• 2:46:27
  would have been very fruitful, but And the court will note for
• 2:46:32
  the record that in regards to Discovery.
• 2:46:36
  The request by the defense, for Discovery has been well over a
• 2:46:41
  year. The juvenile prosecutors did
• 2:46:45
  zoom in and no one had any objections to the prosecutors in
• 2:46:48
  and they inform the court that they would not comply with
• 2:46:52
  discovery. And so State.
• 2:46:54
  Here's my question. With regards to juvenile.
• 2:47:01
  If it is information that is exculpatory, basically what I'm
• 2:47:06
  being told is you don't get it because it's a juvenile, they
• 2:47:10
  won't even give him the date of birth of the witness in order to
• 2:47:14
  have the witnesses appear by bench warrant. so, And that that
• 2:47:20
  ship has sailed with regards to bench warranty and him here
• 2:47:23
  because this is been over a year.
• 2:47:26
  So That's what my understanding is from juvenile, prosecutors in
• 2:47:31
  their understanding of the law. Is that even if it is a
• 2:47:36
  sculpturing, His client is not entitled to it because the other
• 2:47:40
  person is a juvenile. And judge that says confusing to
• 2:47:44
  me as it is to everyone else here under 3914.
• 2:47:48
  If it's relevant then it is to be given to the defense.
• 2:47:52
  I don't know. My knowledge of juvenile law is
• 2:47:54
  rudimentary at best. My argument would be that any
• 2:47:58
  discovery that would come from. The co-defendant would also be
• 2:48:02
  all this distance from the same incident.
• 2:48:04
  So all of the discovery be it for the co-defendant or for the
• 2:48:08
  defendant standing here would be exactly the same because it all
• 2:48:12
  stems from the same incident but I mean do we really know that
• 2:48:14
  because he hasn't been given access to it and defense is
• 2:48:18
  entitled to exculpatory evidence, and I will say, That
• 2:48:25
  the prosecutors in this court. You all are not the prosecutors
• 2:48:31
  who deny this to defendant defense the discovery that they
• 2:48:36
  needed. However, You all are all working
• 2:48:40
  for the District Attorney's office.
• 2:48:42
  So Everybody's responsible for discovery.
• 2:48:47
  If I could just say many here but I think like The Descent you
• 2:48:51
  can announce. Yes, it's Megan Galway for the
• 2:48:53
  record the distinction and this case is hot.
• 2:48:55
  There's a legal Like reason why? It's not being provided, I
• 2:49:04
  believe, under the family code, it's protected because the
• 2:49:08
  defendant the co-defendant was a juvenile at the time.
• 2:49:10
  And so, we've certainly exhausted our resources.
• 2:49:14
  I understand that the state is a state, and we are working
• 2:49:17
  together. However, the divisions are
• 2:49:19
  walled off from each other. So, we don't have access to that
• 2:49:22
  information. So I went for record to be clear
• 2:49:24
  about that. I do not, I am not in possession
• 2:49:26
  of those materials. And then all the whatever, the
• 2:49:31
  juvenile prosecutor did come in here and say the petition to the
• 2:49:35
  juvenile court was still made and that Court determined that
• 2:49:40
  it should not be turned over. And so, This point.
• 2:49:47
  And I and I know that the prosecutors in this court did
• 2:49:52
  all they could to get the information.
• 2:49:58
  To defense. Is that correct?
• 2:50:00
  The the attorneys in this, in this court, of course, I don't
• 2:50:03
  dispute anything that Council just suggested the court, but
• 2:50:05
  that could have been avoided when they went to prosecute that
• 2:50:09
  journal. All they had to do was call the
• 2:50:11
  prosecutor in the 187. Say, hey, we're getting ready to
• 2:50:12
  go forward. In this guy, this is our deal,
• 2:50:14
  we're going to work out, let's discuss what you're doing with
• 2:50:16
  your case. Maybe they would have made mine.
• 2:50:18
  Go forward first and there's so many ways.
• 2:50:19
  It could have been avoided. Well, I mean, I know they're
• 2:50:21
  they're different ways. It could have been avoided but
• 2:50:24
  I'm just going to deal with the facts as being presented before
• 2:50:27
  me and I want the record to be clear. that the prosecutors in
• 2:50:33
  this courtroom did all, they could to obtain the information
• 2:50:39
  That you were requesting. I'm just being that and what I
• 2:50:43
  will say again. it appears that prosecutors and other courts
• 2:50:48
  where whether it's juvenile or not, people think that the law
• 2:50:52
  means that if there's exculpatory information, if it's
• 2:50:55
  a juvenile too bad, so sad for your client and the defense
• 2:51:00
  can't even get to the point of His defense of perhaps duress
• 2:51:06
  because he's not being given access to the information.
• 2:51:09
  And this has been going on for over a year.
• 2:51:12
  But I just want the record to be clear that Um, the prosecutors
• 2:51:18
  in this court. I don't think.
• 2:51:24
  I know that you all did, all you could to obtain the information
• 2:51:30
  then just to address one being the date of birth of the
• 2:51:33
  co-defendant was provided in the discovery that we received soon.
• 2:51:37
  Okay? He should have that guy.
• 2:51:40
  All right. And I understand what you all
• 2:51:42
  are saying about the bench. Warrant with that. but we're,
• 2:51:47
  we're still at a point where This court.
• 2:51:54
  Thanks under the law. The defense is entitled to a
• 2:51:58
  information, whether the person is a juvenile or in the juvenile
• 2:52:03
  system or not. Because then what are we?
• 2:52:05
  You know, what are we really doing?
• 2:52:07
  He can't present his defense and nobody knows.
• 2:52:12
  For the record. Nobody knows if it's a sculpture
• 2:52:15
  and cultural because he's not being given in and obviously
• 2:52:19
  based upon what the defense is presenting to the court that
• 2:52:23
  their defense is or will be He's saying as an officer of the
• 2:52:29
  court that he believes the documentation would show that.
• 2:52:35
  Potentially, it would help us to prove that point, we think
• 2:52:37
  judge. Yeah.
• 2:52:38
  So is there anything else for me their site?
• 2:52:40
  Did I just understand that? I understand.
• 2:52:44
  What the court has explained. I just don't believe that.
• 2:52:50
  This missile is a proper remedy. And this case, And so, I don't
• 2:52:56
  know if the court would be able to reach out to judge Shaw.
• 2:53:01
  Because I mean that was his rule.
• 2:53:02
  So this point my hands are tied because that was his ruling
• 2:53:06
  under the family code and I would agree that neither party
• 2:53:12
  knows what is it in those records that are over there?
• 2:53:15
  However, we're getting to the point of their argument of
• 2:53:20
  duress, there are uses of the evidence where and this case not
• 2:53:25
  turned over. like, statements from the defendant do you
• 2:53:29
  address that if they would like to put it forward, all righty.
• 2:53:35
  Is there anything else for me? The song is pretty clear judge.
• 2:53:39
  All right, just give me five minutes and I'll give you my
• 2:53:41
  ruling. Thank you.
• 2:53:43
  All right. Arlene gay.
• 2:53:46
  You're here. Heaven Williams.
• 2:53:55
  All right, well I'll Circle back around when she has her ruling.
• 2:53:59
  Let's go to judge, Steven say, good morning to him.
• 2:54:03
  Before. See our 1699 is not call the
• 2:54:06
  State of Texas versus Michael Sam, you understand it and here
• 2:54:11
  he was just like your final answer, okay?
• 2:54:19
  Papers. She didn't have no idea.
• 2:54:30
  Small. No small.
• 2:54:32
  It's always been the tablet up to now.
• 2:54:36
  Oh, this town. All right, in 2014 or 1699.
• 2:54:51
  We got a page full of pets here. Yes. you, you don't want to be
• 2:54:57
  called a thieves, that's but, I've got 10 fryer step
• 2:55:04
  conviction is here. So it's certainly that was in
• 2:55:08
  the old days. He said, Is involved to like
• 2:55:11
  this. You know that I don't think 2022
• 2:55:14
  was in the old. And then you got this one now in
• 2:55:20
  24. All right, in summary paragraph.
• 2:55:23
  One of those, is that honor about May 12th. 2024, in
• 2:55:27
  Jefferson County, Texas, you committed the offence of that.
• 2:55:32
  And paragraph two goes on to a list that you have two or more
• 2:55:36
  that convictions out of district and County Courts at law. and
• 2:55:47
  once you have two or more theft convictions in County Courts of
• 2:55:53
  law or district courts, if you steal a pack of gum, it's a
• 2:55:57
  fellow from here on and actually, you've been a subject
• 2:56:06
  to felonies. Since looks like since 2008.
• 2:56:15
  So, it's time. That's You know.
• 2:56:20
  A lot of time. 15 years. So, you were looking at a state
• 2:56:34
  jail, felony with carries, which carries with it.
• 2:56:36
  No. Less than 180 days up to two
• 2:56:39
  years in the state jail. And a fine up to 10,000 dollars
• 2:56:45
  can also be assessed. Do you understand what you are
• 2:56:59
  charged with and the punishment range that's applicable.
• 2:57:03
  In this case, The agreement has been reached to be cleaning the
• 2:57:11
  Otis to 14 months. And the state jail is that you
• 2:57:16
  are understanding of the agreement.
• 2:57:18
  Yes sir. It was followed this agreement.
• 2:57:22
  You have no, right of a field of your case.
• 2:57:26
  Do you understand? How do you plan on this face?
• 2:57:32
  Sergey or not guilty? Are you pleading guilty?
• 2:57:36
  Voluntarily that is on your own. Free will yes, sir.
• 2:57:41
  And because you are guilt this. When I show you here, what's
• 2:57:46
  marked as States exhibit one. Did you sign this document
• 2:57:53
  understanding to discuss it with your attorney or the contents?
• 2:57:56
  All true, and correct? You are mentally competent to
• 2:57:59
  enter your guilty. Plea, it's freely and
• 2:58:01
  voluntarily know what you charged with you, the clients
• 2:58:07
  charge and any lesser included offenses.
• 2:58:09
  You were giving up your rights to treat time on the right
• 2:58:12
  confrontation cross examination of your business.
• 2:58:15
  Totally satisfied with the representation by your all true.
• 2:58:18
  So happy that? Yes, stays incident, one part of
• 2:58:21
  the record for all the purposes, Let me ask you on paragraph two,
• 2:58:25
  which were these prior convictions of fifths.
• 2:58:30
  The last two alleged that on for about January 24th, 2019 out of
• 2:58:36
  the full, 412 District Court of Brazoria County.
• 2:58:40
  In Kosovo April 4th 3 4. You Were convicted of the
• 2:58:43
  offense of theft and the next allegation which is the last one
• 2:58:48
  of all the priors alleges that on September 9th 2022 which
• 2:58:54
  would be 3 and over three and a half years later in the 461
• 2:58:58
  District Court of Brazoria County, you were convicted of
• 2:59:01
  theft and constant. Number 95842, is, All of that
• 2:59:06
  true and correct as it is alleged.
• 2:59:09
  Yes. And are you pleading true and
• 2:59:11
  correct to those allegations violin?
• 2:59:14
  And because they are true. Yes.
• 2:59:41
  Not a good sign. When you're starting off, using
• 2:59:43
  white, on the first case, It's not good.
• 2:59:49
  Looking hating from what I read. Yeah.
• 3:00:04
  Nothing further. I'm going to find you are
• 3:00:07
  cleaning guilty to Sarah Graf won alleging theft honor about
• 3:00:12
  2024 May 12th 2024 you were pleading true to allegations of
• 3:00:18
  the last two allegations of convictions in the 400 12th and
• 3:00:23
  461 district courts of Brazoria County.
• 3:00:26
  Texas in 2019 and 2022 respectively, you were mentally
• 3:00:33
  competent to do. So, you understand and
• 3:00:34
  appreciate the consequences of pleading guilty.
• 3:00:37
  There's sufficient evidence supporting Guilford Police from
• 3:00:40
  States exhibit one, admitted here to find you guilty Beyond
• 3:00:43
  Reasonable Doubt of the jail felony in paragraphs 1 and those
• 3:00:47
  two prior convictions in paragraph two.
• 3:00:50
  I now find guilty Beyond A Reasonable Doubt.
• 3:00:55
  Of the state jail. Felony on following
• 3:00:57
  disagreements to confinement in the state jail for 14 months.
• 3:01:01
  She will be giving credit for all tomb of certain.
• 3:01:02
  Of course, this case, do you understand what is happening
• 3:01:06
  today? So, What are you doing about
• 3:01:08
  this? Now this is a long time, you use
• 3:01:12
  time, you became an honest man. Yes okay.
• 3:01:15
  Good luck, thank you. Do it, make your choices.
• 3:01:20
  All right, let's head back over to judge Boyd.
• 3:01:34
  All right, we're back on the record in 2024, cr0 08124 and
• 3:01:40
  2004 cr0, 08173 and 2025 seats are 007834 State versus
• 3:01:49
  Christian Alan Ruiz Garcia. Just for the record, the court
• 3:01:53
  will note. that Discovery issues have been ongoing in this case
• 3:01:58
  since At least according to the courts docket since October 31st
• 3:02:06
  2024. And with regard to the defense's
• 3:02:10
  motion to dismiss, and each of the calls numbers, the court
• 3:02:14
  will grant, the defense's motion to dismiss for one of speedy
• 3:02:17
  trial. It'll be based upon the
• 3:02:19
  defenses, inability to proceed with trial, due to the lack of
• 3:02:23
  Discovery. Is there anything else?
• 3:02:26
  All right. Thank you.
• 3:02:27
  Thank you. And now we know how that
• 3:02:32
  finished up. Let's go back to let's go back
• 3:02:39
  to Huron County where we were earlier today, new contestant
• 3:02:42
  there. Three miles 25 70 33, 257348 45,
• 3:02:50
  173, 49 times 17 in all those matters as stated mistras and
• 3:02:55
  husky is President represented by attorney.
• 3:02:57
  Michael people are represented by Prosecuting attorneys in DJ
• 3:03:02
  house. Probably history, no contest
• 3:03:05
  page result by. Strangulation Sports was entered
• 3:03:09
  on November 1325 and 7033 invented also played on that
• 3:03:14
  same day to aggravated stalking and surgeries 348 and 7349 no
• 3:03:20
  contest, please were entered. No contest plea.
• 3:03:23
  That is entered to obstruction of justice again and over 13:24
• 3:03:27
  25 in presets report has been prepared by his care and Evelyn.
• 3:03:31
  It's dated, I'm sorry, the service of a team 2025 Mr.
• 3:03:36
  Broski. If you and your client of the
• 3:03:37
  opportunity to do with research, yes, additions deletions,
• 3:03:42
  Corrections, projections, for other than that.
• 3:03:44
  And no objection, scoring the government in north Texas.
• 3:03:48
  Just agree with both of those answers.
• 3:03:53
  Pressure. Want to make sure you've read
• 3:03:57
  the report as well. Yes.
• 3:03:59
  And you don't have any crisis, correct?
• 3:04:01
  Yeah. Or the guidelines?
• 3:04:03
  Correct? No, sir, okay, Mr. Rokowski
• 3:04:06
  injection to the report as well as got no.
• 3:04:09
  You are. Thank you, Mr. Roski what would
• 3:04:11
  like to say? And we have required before
• 3:04:12
  recording. Posting stuff.
• 3:04:14
  Thank you, honor and Mrs. Testing and away from is
• 3:04:19
  criminal history. You guys have a criminal history
• 3:04:21
  and acknowledge is that He's had a chance to reflect on his
• 3:04:26
  actions you know on that day. We never set out to put his
• 3:04:31
  Daughter and Harmony loves her very much.
• 3:04:35
  He wants to be a positive role model for her.
• 3:04:40
  And wants to be a part of his daughter's wedding.
• 3:04:42
  Mr. Hospital, he does have a ton of family support.
• 3:04:50
  We have redirect recommendation. Later, we were asked that the
• 3:04:56
  court sends Mrs. Last week to the Skylight minimum, The file
• 3:05:03
  number 253073333 at age, we can assess the courts signed this
• 3:05:10
  Mr. Osas to a guy like minimum of 29 months around, And the
• 3:05:17
  other files the guidelines range is 14.
• 3:05:24
  And 29 months, we asked that Mr. Osteen, could be sent to the
• 3:05:28
  federal guidelines. And the alternative your honor.
• 3:05:33
  we also asked that booster as you can see considered for Sia
• 3:05:39
  program, Mr. Assassin was going through therapy as the working
• 3:05:46
  on his mental health. And for those reasons, there are
• 3:05:50
  we Dash this type of sentence. Thank you.
• 3:05:52
  You're welcome. No contest, please were entered
• 3:05:56
  by this Ross and husky. Does he wish to address the
• 3:05:58
  courts? Your honor.
• 3:05:59
  Let him know. Contest, Please, Mr. And I can
• 3:06:02
  giving out here today. Thank you, Mr. Collins Key.
• 3:06:06
  We have the people. It's great to teach you to
• 3:06:10
  address court, please. First to the young lady, who
• 3:06:38
  your name, please Ashland I can ask you.
• 3:06:41
  What would you like to tell the court was awesome.
• 3:06:42
  And you're seeing that we have three daughters in this case,
• 3:06:46
  she is the victim of her father's abuse and the comedy
• 3:06:49
  cause did not end when the case again.
• 3:06:52
  Follows her every day. She lives with fear, anxiety,
• 3:06:55
  and emotional pain. Caused by repeated harm from the
• 3:06:57
  person who was supposed to support her, the effects of
• 3:07:01
  repeated trauma, or visible. She struggles with emotional
• 3:07:04
  regulations fear and his stability.
• 3:07:06
  She carries stress that no child should have to carry the
• 3:07:09
  long-term consequences are deeply concerning.
• 3:07:12
  As repeated exposure increases the risk of lasting
• 3:07:15
  psychological harm. Difficulty forming healthy
• 3:07:17
  relationships and ongoing emotional distress.
• 3:07:21
  This was not a little mistake, this is a pattern, it
• 3:07:24
  demonstrates, the lack of accountability, and disregard
• 3:07:26
  for the safety and well-being of others, especially his own child
• 3:07:29
  each time, she chooses violin confused and unlawful Behavior,
• 3:07:34
  even for trauma and reinforces the message that she's not safe.
• 3:07:38
  The damage from repeated abuse of Westing, and no child should
• 3:07:43
  have to carry that burden. He sends a damaging message to a
• 3:07:47
  child that is still learning right from wrong and trying to
• 3:07:49
  understand the world around her. There's also a deep shame and
• 3:07:53
  confusion for a child growing up with a parent, who repeatedly
• 3:07:56
  breaks the law and continues to appear before the court without
• 3:07:59
  change. He has never followed the rules.
• 3:08:02
  He has never taken responsibility.
• 3:08:03
  Prior core involvement has not stopped him.
• 3:08:07
  This continued choices have caused instability forcing
• 3:08:10
  facilities fear rather than allowing my daughter to hear and
• 3:08:14
  peaceful child that she deserves.
• 3:08:15
  As her mother, I live in constant fear, that will not be
• 3:08:18
  able to protect her or myself if he's released The fears based on
• 3:08:22
  the repeated history of a person who believes he can operate
• 3:08:25
  outside of the law and shakes, no classes and asking this court
• 3:08:28
  to impose a longer sentence shorter sentences and Second
• 3:08:33
  Chances have not worked longer sensitive with my daughter, to
• 3:08:38
  get a business stabilization heals.
• 3:08:40
  And finally, hold him accountable for the harms
• 3:08:42
  continues to cause my daughter deserves safety, she deserves
• 3:08:45
  peace, and she deserves a future free of fear.
• 3:08:49
  Thank you. Young lady with the blacktop.
• 3:08:54
  Would you please take your name? It's Heather.
• 3:08:55
  So you're listening. Please IMG Ellie.
• 3:08:58
  Yes singles, you may receive so, every instance of domestic
• 3:09:05
  violence to person chooses a commit abuse of Acts knowing
• 3:09:08
  that they are wrong based on his or her beliefs moral systems
• 3:09:11
  when they can and should choose not to Many people think of
• 3:09:15
  domestic violence and they think of physical abuse, but the truth
• 3:09:18
  is domestic violence. Doesn't always simply visible to
• 3:09:20
  the eye domestic violence is anything that is done to gain
• 3:09:23
  power control over an intimate partner, including manipulation
• 3:09:26
  and threats. Even in the statement, I don't
• 3:09:29
  feel that I can fully explain the mental emotional impact.
• 3:09:31
  This has had on me. But it is almost impossible to
• 3:09:34
  describe. However, it is even think about
• 3:09:37
  how can somebody make you feel so loved.
• 3:09:39
  And so work with the same time, It scares me how close I came to
• 3:09:43
  just being another name. Another statistic, another
• 3:09:45
  woman's life, who was stolen by a man who got any other rights
• 3:09:48
  to take it. I thought the worst was enduring
• 3:09:51
  it, but it wasn't until the pain started a day.
• 3:09:54
  That I understood how much I've been living with.
• 3:09:56
  How much I had endured Beyond his charges.
• 3:09:59
  The grip that he had on, they didn't end when he was arrested.
• 3:10:01
  He lives inside of me, wrapped around my mind, like, changed
• 3:10:04
  that I couldn't see and then maybe somehow it wasn't as bad
• 3:10:08
  as I remember there may be, I had overreacted, maybe I was a
• 3:10:11
  problem, maybe if I just done things differently, that he
• 3:10:14
  wouldn't have hurt me. But that's what trauma lives do?
• 3:10:16
  They twist into sensitized reality until you don't even
• 3:10:19
  trust your own mind. They make you crave the very
• 3:10:22
  person who's destroying you because you've used isn't
• 3:10:24
  constant, it's a cycle pain guilt, apologies and embrace
• 3:10:28
  moments of loving kindness, just enough to keep you hooked.
• 3:10:31
  Just enough to make you believe that somewhere inside of him as
• 3:10:34
  a man that you thought you fell in love with.
• 3:10:36
  Once I escaped, I thought that I had survived but survival wasn't
• 3:10:39
  just making it through the near death moments.
• 3:10:41
  Everything that comes after part of me that he was poison, the
• 3:10:45
  other parts still searched for the version of him that I wanted
• 3:10:47
  to be real. That's what people don't
• 3:10:49
  understand about. Surviving abuse.
• 3:10:51
  It's not just about leaving. It's about unlearning.
• 3:11:29
  It was strangulation lesson murder.
• 3:11:32
  I will never be the same person I was before I met him.
• 3:11:34
  He took something from me that I can't get back, which is my
• 3:11:37
  piece, my security, my belief that the people that you love
• 3:11:40
  will protect you and not destroy you.
• 3:11:43
  I asked this court not to give him another slap on the wrist,
• 3:11:45
  and let him do this to someone else more.
• 3:11:47
  So his daughter. He didn't just lose control one
• 3:11:50
  night, he didn't just snack and single moment.
• 3:11:52
  He makes continuous choices and she was control.
• 3:11:55
  Isolation, assault, humiliation. Intimidation manipulation
• 3:11:59
  violence? He chooses still to this day
• 3:12:01
  incarcerated to terrorize those that love him.
• 3:12:04
  Leaving a permanent scar on mine and his own child's heart each
• 3:12:08
  uses rage. This man is already been giving
• 3:12:10
  him. He's already showing you who he
• 3:12:12
  is. He continues to be even locked
• 3:12:14
  up his violated, the no contact and PTO over 20 times and so
• 3:12:19
  continuously eight months into jails later doing.
• 3:12:22
  So his proven that core orders, legal consequences in jail.
• 3:12:26
  Time will not stop him. He acts as if he's Above the
• 3:12:28
  Law, he doesn't care about the rules or the value of others'
• 3:12:31
  lives. He doesn't care about the damage
• 3:12:33
  that he does and continues to inflict on me.
• 3:12:35
  His wife, our children and our families.
• 3:12:38
  He only cares about control through coercion and a
• 3:12:41
  diminishing false narrative. But for all of us his victims,
• 3:12:44
  unfortunately, his reign of abuse and destruction is, and
• 3:12:47
  has been very real extremely brutal, physically horrific,
• 3:12:51
  emotionally, terrorizing and assault.
• 3:12:53
  That was nearly fatal. I asked the court to finally do
• 3:12:56
  their duty of justice and protecting and serving his
• 3:12:58
  victims who simply tried to love him and have already suffered
• 3:13:01
  and continue to be terrorized by him to this day, I asked for
• 3:13:05
  justice infection Thank you. Brother he has to take into
• 3:13:23
  account the victims that spoke in here today.
• 3:13:25
  Mr. Asked us comes before you with one prior felony 7, Pryor
• 3:13:30
  misdemeanors. And I think what's the highlight
• 3:13:33
  of it is the as the one victim that indicated the pattern of
• 3:13:37
  abuse of constantly control control violence and then
• 3:13:42
  there's just enough enough kindness to hook up a person
• 3:13:47
  back in that is been his patented that has been his
• 3:13:50
  pattern with the last case we had which is actually this is
• 3:13:53
  better than this case like her in the case we had and district
• 3:13:56
  court before stocking, whoever he doesn't like and that's what
• 3:14:01
  we see on Mrs. Either very dangerous person.
• 3:14:04
  You understand that the guidelines are what they are and
• 3:14:07
  and we would ask the court. Consider the sentence that he
• 3:14:12
  recommended by the Department of Corrections because I believe
• 3:14:14
  that it's an excellent guidelines in this matter.
• 3:14:17
  And for the Charge, and we ask is that.
• 3:14:53
  While we wait for them a quick reminder tonight in the blind
• 3:14:57
  with Mike and Dan 7 PM Eastern, 4 p.m.
• 3:15:00
  Pacific. That is a show that has me and
• 3:15:02
  Michael Groff are sometimes guest host, our all-time sidebar
• 3:15:08
  panelists, and the guy who does the Phoenix weather discussion,
• 3:15:12
  so I'm sure Barb will drop a link for that in the chat here
• 3:15:15
  at some point, but please do join us over there tonight.
• 3:15:17
  New show, lots of fun. When you?
• 3:15:40
  Are spoke of council. Sidebar because the guideline
• 3:15:47
  range in the last two files, the AG stalking activated stock and
• 3:15:53
  obstruction of justice guidelines 14 to 29 months.
• 3:15:56
  However, the recommendation is above And I just wanted to
• 3:16:01
  understand. What was going on with it.
• 3:16:04
  So that's the guideline range relative to the activated
• 3:16:09
  stocking obstruction of justice. Which means that the court can
• 3:16:12
  go to the low end of 14, which was requested by this for us up
• 3:16:16
  to that high of 29 months. up to five years in the 7335.
• 3:16:27
  That guy guideline range. Is 20 to 50.
• 3:16:35
  So I want to place that all on the record as well.
• 3:16:39
  Just for Kelsey's editors, that's one of our conversation.
• 3:16:41
  It is righty. Yeah, sure.
• 3:16:45
  All right. Thank you.
• 3:16:49
  I have the opportunity regarding this for us and asking to
• 3:16:53
  overhear the preliminary examination of this pattern.
• 3:16:56
  And the court is aware of the circumstances regarding these
• 3:16:59
  files and it's clearly reflected in the presets report.
• 3:17:04
  They have a young individual before the court and actually is
• 3:17:08
  on each 37 with one priority. Up until things really started.
• 3:17:13
  Falling apart successful business person, doing
• 3:17:16
  everything he needs to do. Family.
• 3:17:21
  Eventually because we are a small circuit.
• 3:17:24
  We we handle this court handles, not only criminal proceedings
• 3:17:29
  but also family related matters, the force proceedings.
• 3:17:33
  And just appears to the court that once the divorce was going
• 3:17:37
  through, things were just starting to fall apart. and,
• 3:17:44
  Paul from Grace, essentially a sharp, looking into visual right
• 3:17:48
  in the future and then all the sudden, the wheels fall off.
• 3:17:52
  Priority convictions the court owners and the court notes as
• 3:17:57
  well. That The defendant I believe was
• 3:18:02
  originally on probation. Regarding this matter. in that
• 3:18:09
  file, police officers have heard and I failed to ask this huge
• 3:18:13
  process or any objection to one degree, says sophisticated for
• 3:18:16
  every allotted actually So, you put all that together on the 9th
• 3:18:24
  question. The FED is tested with a PBT of
• 3:18:27
  0.141. There were claims of making
• 3:18:32
  statements of drowning his daughters.
• 3:18:36
  Whom I've seen in the past. Love is.
• 3:18:42
  No question about that. Is that the alcohol is in the
• 3:18:47
  Viewpoint orphan. Because the percentage of that
• 3:18:50
  as well, was a substance used to turn this around.
• 3:18:52
  I don't know. And other violations.
• 3:18:57
  No contact. To the extent that we have
• 3:19:01
  victims of Superior Court. And appear to be scared to death
• 3:19:05
  in this individual. That's what they think.
• 3:19:12
  And when you bomb it all together, here, at the end of
• 3:19:14
  the day. This Rosati Easy for the court
• 3:19:19
  to say, you have to let it go, these relationships, whether
• 3:19:24
  they're controlling whatever the situation may be.
• 3:19:29
  If it takes a step back. Look out for the best interest
• 3:19:32
  of your child or children. But at the end of the day, it
• 3:19:36
  controlling Behavior has to stop.
• 3:19:39
  That's going to stop. And will be the sense of this
• 3:19:42
  court in 7333. That the defendant committed to
• 3:19:47
  the mission Corrections commission place in the
• 3:19:49
  commission's custody for a period of four years.
• 3:19:53
  To 10 years. Credit, for 86 days.
• 3:19:55
  Served. That's within the guideline
• 3:19:58
  range. to pay a private victims assessment of 130 dollars,
• 3:20:02
  attorney fees are waived, Court will assess costs $200 in this
• 3:20:07
  file only, 68 dollars in state cost will be ordered.
• 3:20:13
  To tell three child abuse. Fourth degree, Saint file 365
• 3:20:17
  days, in the county jail credit for 86 days.
• 3:20:20
  Previously served Fifty dollars in state costs will be ordered.
• 3:20:25
  In 7348, aggravated stocking. What is the census Court?
• 3:20:30
  Defendant committed to the Michigan Corrections Commission
• 3:20:33
  in place in the commission's custody for a period of 29
• 3:20:37
  months. To a maximum of five years
• 3:20:40
  credit for 29 days served again, within the guideline range.
• 3:20:45
  Chronic victims assessment of 130 dollars will be ordered
• 3:20:48
  attorney fees are waived 68 dollars in state cost will be
• 3:20:52
  ordered. Finally 7349 will be the set of
• 3:20:57
  this course and the defendant meeting to the mission in
• 3:21:00
  Corrections commission, placed in their custody or period of 29
• 3:21:05
  months. to a maximum, the five years credit for 29 days,
• 3:21:10
  served, Crime. Dollars in the state cost will
• 3:21:17
  be working. In all the other files and my
• 3:21:22
  understanding, is that these charges run the system run, you
• 3:21:26
  currently with each other and concurrent with the previous
• 3:21:29
  steps. Correct.
• 3:21:30
  So that's what we work. It's my duty to inform that he
• 3:21:39
  has right to seek to appeal. It was better if he's
• 3:21:45
  financially enabled, provide California's own choice Court
• 3:21:47
  will assign health and form of Public Defense.
• 3:21:49
  He's to initial to receive questionnaire form.
• 3:21:52
  Requesting the assignment of the council, both of which must be
• 3:21:55
  executed on their own file reports within a 42 days.
• 3:22:04
  Yes. According to receive of the nose
• 3:22:31
  of right to appellate review. Request for point of 24, what is
• 3:22:34
  the status of case number 257347 out of H?
• 3:22:39
  That's marked as a missile is here. your honor to minus
• 3:22:43
  saying, that case would be now across for help, that was my
• 3:22:47
  understanding, you know, Very well.
• 3:22:51
  And received of the order of proposed, order of value
• 3:22:55
  processor will execute Anything further on that file. for us,
• 3:23:01
  know you're not Develop includes the procedures.
• 3:23:04
  They'd like to address off the right?
• 3:23:08
  Folks, let's go back to Texas and judge Stevens again.
• 3:23:11
  All right, we've got two cases, what we're going to do?
• 3:23:14
  What's a word for 1 2 and 3 in each case and each case?
• 3:23:20
  Then we're gonna ask that updated PSI.
• 3:23:22
  There's a battle for all the monsters, State Jail, A couple
• 3:23:27
  Mr. Peter just All right, 21 days 36529 and 26760 or both
• 3:23:35
  call the State of Texas versus a very honor.
• 3:23:40
  Ladaria Beverly is it with your attorney.
• 3:23:44
  Mr. Burbank and the state's attorney.
• 3:23:46
  There are two first amended motion to revoke on a Judy
• 3:23:50
  Katie, probation file and annual on January 28th.
• 3:23:57
  Does the defendant waive formal reading of these and can we
• 3:24:01
  proceed inside? She does in your mayor and does
• 3:24:04
  the defendant waive any additional time that she may
• 3:24:07
  have from the filing of these motions to proceed today.
• 3:24:11
  We waited in education mode, and then please raise your right
• 3:24:16
  hand. You saw this where, or may
• 3:24:18
  statement you made during this hearing shall be the truth.
• 3:24:20
  The whole truth and nothing but the truth.
• 3:24:22
  So help you God. Yes.
• 3:24:23
  Lord in summary. 36529 states that on.
• 3:24:30
  May 3rd 2022. In this court, you were placed
• 3:24:34
  on five years deferred or dedicated probation for burglary
• 3:24:39
  of a building a state jail. Felony, is that all true and
• 3:24:42
  correct? And in 3676 0, this alleges that
• 3:24:47
  all. So on May 3rd, 2022 and was
• 3:24:52
  four, you were placed on five years deferred or uneducated
• 3:24:56
  probation for the state jail. Felony, if there is all of that,
• 3:25:05
  Which ones? Allegation.
• 3:25:11
  One in each case, states that Honor about August 5th, 2025, in
• 3:25:17
  Jefferson County, taxes, you committed the offense of
• 3:25:19
  unlawful carrying of weapon. And violation of your deferred
• 3:25:25
  or uneducated probation. In each of these cases.
• 3:25:29
  Is that true and correct? Number two, states, you
• 3:25:50
  committed the offence of illegal possession of a controlled
• 3:25:53
  substance. Honor about August 5th, 2025 in
• 3:25:58
  Jefferson County, Texas, and is that true and correct?
• 3:26:02
  As is a soloist. Yes, he doesn't say what the
• 3:26:08
  methamphetamine at that amphetamines, was it that You
• 3:26:13
  don't know. That's why he just want to
• 3:26:16
  listen cocktail of a group of. Okay, including methamphetamine,
• 3:26:22
  you three. Same thing.
• 3:26:28
  Just, okay, thank you. Okay, we just do one and two,
• 3:26:32
  let's find it. She's taken the, let's just do
• 3:26:36
  one or two because they're worded the same way, but it's
• 3:26:39
  stating illegal possession of drugs.
• 3:26:41
  But it's not describing, what the drugs are in each case, the
• 3:26:45
  word for word, the same. So, Are you pleading true?
• 3:26:49
  Then to allegations one and two of each of these first admitted
• 3:26:54
  motions to revoke on it, Judy, Katie probation voluntarily.
• 3:26:57
  And because those allegations are indeed true as they are
• 3:27:01
  alleged. Do you understand that?
• 3:27:03
  A no one's and voluntarily make these made?
• 3:27:09
  True. Please in one or more cases,
• 3:27:12
  that is enough to grab emotion to revoke probation, your
• 3:27:16
  probation can be revoked, you can now be found guilty and
• 3:27:20
  sentenced to know us the 180 days up to two years in the
• 3:27:23
  state jail knowing that, you know, it's just on pleading
• 3:27:26
  truth today. I find your cleaning to
• 3:27:29
  voluntarily. You understand, and appreciate
• 3:27:32
  the consequences of leading truth?
• 3:27:36
  Communities. Hey.
• 3:27:50
  When you these faces are whatever sentence shall not
• 3:27:57
  exceed a compass 12 months, or one year in the state jail, in
• 3:28:01
  each case, and these cases would run concurrently is that your
• 3:28:07
  understanding of the planet. Yes.
• 3:28:09
  If I follow These agreements. You have no right of appeal of
• 3:28:16
  your case. Do you want to understand?
• 3:28:18
  Yes. Words, can't describe it.
• 3:28:32
  What you have to do to erase something. which, Must go on.
• 3:28:38
  As we just turned upside down right there.
• 3:28:51
  Nope. It is total.
• 3:29:00
  Screwed up the blue beverage. Whoever buys this?
• 3:29:11
  I think they come from another country and they're working to
• 3:29:14
  overthrow this country. That's Because it there's just
• 3:29:19
  no way, this is practical. And again, if I follow these
• 3:29:26
  agreements, you have no idea of appeal of your cases.
• 3:29:29
  Do you understand? Yes.
• 3:29:34
  What we're going to do and each of these cases.
• 3:29:38
  Is a new present support. Yes.
• 3:29:40
  And we'll come back and each part will be able to add
• 3:29:45
  additional information for the court to consider and then we'll
• 3:29:51
  make sure you understand. Yes.
• 3:29:55
  How long have you been in jail? Now, just I think I'm just
• 3:30:13
  PlayStation. But it was a time that I was
• 3:30:21
  sure your Not even that, I'm not gonna.
• 3:30:40
  Guess we'll start the whole place there if you throw my
• 3:30:44
  family before. another thing I'm gonna Show you what's marked?
• 3:30:55
  Its marked. In each case as States exhibit.
• 3:31:22
  Number one, did you sign those documents voluntarily?
• 3:31:25
  Understand them discuss them with your attorney or the
• 3:31:28
  contents offering threat. States exhibit.
• 3:31:31
  One is tendered into having similar to these cases, without
• 3:31:35
  objection is submitting. This also States, if I follow
• 3:31:38
  these agreements, you will have no right of appeal of your
• 3:31:40
  cases. Do you understand?
• 3:31:42
  Yes. All right, we're going to reset
• 3:31:44
  this. We'll see you back here in How
• 3:31:48
  much time do you think it's four weeks?
• 3:31:50
  Good. Yes, thank you.
• 3:31:52
  So yes. So this has nothing to do with
• 3:31:59
  court, but I'm gonna share it anyways.
• 3:32:01
  So I just got a text. This is a courtesy text from the
• 3:32:05
  city. This is a notice of intent to
• 3:32:08
  increase Water and Wastewater rates questions, email us.
• 3:32:16
  sometimes I just I don't I don't want These pieces of
• 3:32:20
  communication anymore. I don't want to smartphone, I
• 3:32:22
  don't want text, I just want to be left alone.
• 3:32:25
  Anyway. I don't know.
• 3:32:31
  Government costs. A lot of control that having
• 3:32:35
  been said. Let's go to somebody who has
• 3:32:37
  things in control. We'll move across the hall judge
• 3:32:39
  West. Now it caused number 26.
• 3:32:42
  Dccr is 0096 your charged with the first degree.
• 3:32:47
  Felony offense of aggravated robbery from October 23rd of
• 3:32:51
  2025, since you've made bond, in your case, have you had an
• 3:32:55
  opportunity to try to hire a lawyer.
• 3:32:56
  Oh, I'm gonna work on, but it's a quarter point, right?
• 3:33:01
  So, when you're in custody, we give you a court appointed
• 3:33:04
  attorney automatically, but if you make bond, then I expect you
• 3:33:08
  to at least try to hire your own lawyers, but I'm working on.
• 3:33:10
  Well, talk to songs. Well, okay, so what I'm going to
• 3:33:14
  do is reset your case for about 30 days or so, that'll give you
• 3:33:19
  some time to try to get some one hired if you get someone hired
• 3:33:23
  before that. Next court date, bring the
• 3:33:24
  reset. Notice that you get today to
• 3:33:26
  that lawyer and they'll tell you what to do.
• 3:33:28
  If you're unable to hire someone before that next court date,
• 3:33:31
  then I'm ordering you to visit with at least three lawyers,
• 3:33:34
  they all charge different amounts.
• 3:33:35
  They have different payment plans.
• 3:33:37
  Bring me back the names of the people you've talked to.
• 3:33:39
  So I know you're trying and then we'll discuss your options and
• 3:33:42
  if you don't do that, then when you come back, you run the
• 3:33:44
  rescue me. Raise your bond for not
• 3:33:46
  following that court order, and you would go back to Jeff.
• 3:33:48
  Do you understand if you suffer from the park?
• 3:33:50
  She'll give you your reset notice.
• 3:33:57
  Darrell Albritton. You.
• 3:34:08
  Good morning. Darrell Auburn.
• 3:34:09
  Yes, Mr. Strawberry, did you get someone higher?
• 3:34:11
  But at the moment, what I'm getting old job, thank, you
• 3:34:16
  know, for them. Both of the other thoughts I've
• 3:34:32
  been telling people. So you think coming here for a
• 3:34:35
  long time? Oh, Right Mouse.
• 3:34:39
  Mine is time though. I'm talking to her guy named
• 3:34:42
  Darryl. Did you talk to this last time?
• 3:34:50
  Rudy Witnesses. Speak up.
• 3:34:54
  I'm sorry. Both Rudy.
• 3:34:56
  Witnessed Jones. And to ask where, where this
• 3:35:00
  location Beaumont? Not a single one of those are
• 3:35:04
  criminal defense attorneys here in Beaumont.
• 3:35:06
  They they all turning their Lord that he had no criminal cases.
• 3:35:12
  Yeah, what? They tell you that they would
• 3:35:14
  charge you well front. Hey 35.
• 3:35:32
  been here for 30 years and so, so how what are your hours?
• 3:36:02
  How about how many hours a week do you get?
• 3:36:03
  Sometimes you like, what are the week or any, how much an hour?
• 3:36:08
  There's like 20 to But, you know, I got so what I got, this
• 3:36:14
  is the, I mean, you I'm looking back now and I don't know how
• 3:36:17
  we've let this go. As long as we have, you've had
• 3:36:19
  plenty of time to say but even if you say 20 dollars a week you
• 3:36:23
  could have been where you needed to be.
• 3:36:24
  No. So you got to make this a
• 3:36:27
  priority. I need someone hired before the
• 3:36:29
  next court date. This is your final reset.
• 3:36:31
  And you, you're, I know. You have bills and child support
• 3:36:35
  and things like that, but with, you got it.
• 3:36:37
  Good job. You've got to get some money and
• 3:36:40
  say that and get someone hired before that.
• 3:36:42
  Next court date, you understand step in front of the clerk.
• 3:36:48
  I'm Brisa de Hoyos. The morning.
• 3:36:59
  Are you Brisa? The Hoyas and Mr. Hoyas.
• 3:37:02
  Did you get someone hired now? I didn't want to get a part of
• 3:37:06
  when you okay? Did you talk to some lawyers?
• 3:37:09
  Like I asked you to use this and my other and he's broke.
• 3:37:14
  He didn't write it down or there's something I noticed you.
• 3:37:18
  Okay. Are you working?
• 3:37:21
  No know why not listening. Are you ready?
• 3:37:26
  Look at some of them. Go back to.
• 3:37:28
  That was me. I don't hear though. okay, well,
• 3:37:33
  if you were gonna go back to fast food when we're gonna do
• 3:37:36
  that, unless someone can I be making applications and to
• 3:37:42
  interview? But what I have been getting any
• 3:37:47
  clothes back How old are you tonight?
• 3:37:54
  Have you feel about some paperwork this morning to see if
• 3:37:57
  you qualify for court appointed lawyer?
• 3:37:59
  You need to fill it out accurately and completely you're
• 3:38:01
  going to swear under oath. It's so true.
• 3:38:03
  Correct. And then I'll take a look at it
• 3:38:04
  step in front of the car show. Give you that paperwork.
• 3:38:09
  He lives. John Gray.
• 3:38:19
  There are. More.
• 3:38:21
  So you're John Gray and Mr. Gray, This is and I'll see
• 3:38:26
  you've been here before. Did you get someone higher
• 3:38:28
  selling my house? We're closing 60 days.
• 3:38:32
  Already got a contract mother. People Lord, that I can do so
• 3:38:36
  purposes. That's typically not advisable.
• 3:38:40
  Did you bring any paperwork to show that your house is under
• 3:38:43
  contract? But you Got the contrary.
• 3:38:47
  Actually signing. Day.
• 3:40:12
  Are you working? Yeah, I'm so important doing
• 3:40:15
  what, so we doing, what they were.
• 3:40:21
  Okay, that's what you're here for and in trouble for right.
• 3:40:28
  Yes. But no, well here.
• 3:40:30
  Okay, let's start with this. First of all, and as a condition
• 3:40:35
  of your bond, I am ordering you not to attempt to sell or go
• 3:40:44
  into any business and hold yourself out to work for the
• 3:40:52
  Department of Labor or anything. Listen to what?
• 3:40:54
  I'm listen to what I'm saying. You cannot sell any posture or
• 3:40:59
  anything that has to do with employment labor law.
• 3:41:02
  Anything like that to a business while you're on my bond.
• 3:41:05
  Do you understand? You need to go get a job working
• 3:41:09
  for someone, okay? And so that you can afford an
• 3:41:13
  attorney, if you can get one, when you sell your house, great.
• 3:41:15
  But every setting the page, 30 days, when you come back, I want
• 3:41:19
  you to either have a job or show me where you have to get a job
• 3:41:24
  and filled out applications or whatever it is.
• 3:41:27
  And again, if you are caught continuing to sell or attempt to
• 3:41:34
  sell any type of posture or paraphernalia or anything at
• 3:41:37
  all, there's no loopholes and what I'm telling you and not do
• 3:41:40
  what you've been doing. Do you understand?
• 3:41:42
  If you do, your bond will be raised for violating the court
• 3:41:45
  order and you'll be back in jail.
• 3:41:47
  Do you understand right step in front of the card for your reset
• 3:41:50
  and we close 60 days on the you're getting a 30-day reset.
• 3:41:53
  I want you to do what I ask you to do between now and then.
• 3:41:57
  So that's super interesting. I'm gonna try and Track this
• 3:42:02
  down. So he's selling posters for like
• 3:42:06
  labor laws and stuff in some of that got him into trouble.
• 3:42:09
  Curious Mr. Hillary did you get some higher?
• 3:42:12
  Where? Where are you working now?
• 3:42:19
  Okay. Where were you working?
• 3:42:22
  Probably. Okay.
• 3:42:25
  So but you, when do you start with this new job?
• 3:42:28
  Well, I started there's the last week you already did, okay.
• 3:42:31
  So did you talk to someone, you know, who you're going to try to
• 3:42:34
  hire or other people? Why would you love that at home?
• 3:42:41
  When that was one of the only things I asked what's I mean
• 3:42:43
  everybody's Not hard when I'm asking y'all to do, right?
• 3:42:48
  Talk to some lawyers, bring me the names of the lawyers, if you
• 3:42:51
  don't do that, then you run the risk of me putting you in jail.
• 3:42:54
  I would think if I had the rest of going to jail just for not
• 3:42:58
  talking to a lawyer or bringing the name of the lawyer, I'd make
• 3:43:00
  sure I did it and I brought those names.
• 3:43:07
  Remember it all who you talked to?
• 3:43:10
  Oh, that's I started doing the process of getting his job,
• 3:43:13
  trying to get the money or she don't know which lawyer you have
• 3:43:19
  or how much they charge if you haven't talked to any right.
• 3:43:22
  Okay, so I'm going to reset your case.
• 3:43:25
  One more time. You need to get a lawyer hired,
• 3:43:27
  or you need to talk to three and bring me those names.
• 3:43:31
  And that doesn't mean just call in their office.
• 3:43:34
  I means actually talking to someone getting a quote to find
• 3:43:37
  out who can represent, you understand?
• 3:43:39
  All right, step in the clerk. If any layer.
• 3:44:01
  Oh good morning. Are you Tiffany elaire Missy or
• 3:44:03
  did you get someone hired? I'm going to give it a shake on
• 3:44:06
  Thursday and I was only been to clear it because it was a
• 3:44:10
  lotion. Yeah, I'll be fine.
• 3:44:12
  Welcome, okay, so if I reset you one week, you'll get that taken
• 3:44:17
  care of. Okay, I'll reset you one week.
• 3:44:19
  Now, if you get him hired this week, make sure you bring the
• 3:44:22
  reset notice to you because if you've hired him, he has the
• 3:44:25
  ability to send something in and talk to us and maybe the next
• 3:44:28
  court date goes away for a different one.
• 3:44:29
  Okay, the plan on coming unless he tells you otherwise.
• 3:44:32
  Okay. Step Up.
• 3:44:33
  Is it coworker? Yeah.
• 3:44:35
  Cow Walker. Okay, good.
• 3:44:41
  Thank you. Bruce are.
• 3:44:55
  Good morning, your Darien. So hard and Mr. Bruce, are you
• 3:44:58
  able to get someone hired? Know.
• 3:44:59
  I was trying to be set on Mondays.
• 3:45:03
  I'll talk to follow the lawyers. He shot him, I'll talk to his
• 3:45:06
  walker. He takes out and I'll talk to
• 3:45:14
  him. This is now Kelly, Mr. Kelly Law
• 3:45:18
  Firm. They want 5000 cash.
• 3:45:20
  Okay, so I'm trying to go like this, the Romanus.
• 3:45:22
  Okay. Do you think you'll be able to
• 3:45:24
  save up and get that take care of, if I give you?
• 3:45:26
  All right, thank you for doing what I asked you to do.
• 3:45:27
  I'll give you more reset. You can try to get Mr. Rojas
• 3:45:30
  hired if that doesn't work, make sure you talk to some others and
• 3:45:32
  see what we can do next time. Javon Johnson.
• 3:45:42
  Okay, thank you. The misdemeanor warrant.
• 3:45:55
  I don't just leave this one. Okay.
• 3:45:58
  Ronnie Lanza. Good morning.
• 3:46:14
  Are you running along and Mrs? Were able to get some hot moms?
• 3:46:19
  Did you talk to some lawyers? Medical hospital and I can close
• 3:46:31
  it. Are you working?
• 3:46:32
  I am. Where do you work?
• 3:46:34
  Oh sort of Rehabilitation Center said again the first part nurse
• 3:46:38
  sort of I'm saying, hey, And what are your hours?
• 3:46:45
  We're an average of velocity hours a week, okay?
• 3:46:52
  Why did you only talk to One lawyer, want to ask you to talk
• 3:46:54
  to three or orders you to talk to today?
• 3:46:56
  Well, I wanted to go ahead and see how much I'm well, how much
• 3:47:01
  I'm making I have my face stuff. They get 500 dollars taking
• 3:47:03
  another Easter for child support only okay.
• 3:47:07
  You know, I have clothes from Family probation for it.
• 3:47:11
  Where are you on probation? Um, I'm being supervised but
• 3:47:15
  that's okay, but it's originally been doing this.
• 3:47:17
  Okay, for What offense know I was There a motion pending or
• 3:47:24
  anything and faced. On this case, I have everything,
• 3:47:27
  okay? And have you fill out some
• 3:47:30
  paperwork this morning to see if he qualify for 4:20.
• 3:47:32
  Make sure you feel it out, accurately and completely,
• 3:47:35
  you're going to swear under oath that.
• 3:47:37
  It's all true and correct. And then I'll take a look at it.
• 3:47:39
  Yes. Orban Riley.
• 3:47:51
  Good morning. Are you Corman, Riley and Mr.
• 3:48:01
  Bailey, we're able to get a lawyer hired you know.
• 3:48:04
  It shall talk to the same as last time.
• 3:48:06
  Crenshaw, Bearden, I don't remember the name of the top of
• 3:48:11
  my head, but I got the Polaris in the car.
• 3:48:13
  I forgot it this morning. Why would you have done left it
• 3:48:17
  in the car? It's Monday.
• 3:48:18
  I'm so sorry. It's Monday.
• 3:48:20
  It's my I'm sorry. I didn't mean to like it just
• 3:48:23
  tired this morning, and he's So that's not you understand?
• 3:48:29
  How silly that? Excuse me, right?
• 3:48:31
  We're all tired. It's Monday.
• 3:48:32
  It's not really an excuse. Okay.
• 3:48:34
  Are you working? So sometimes so I was wondering
• 3:48:39
  today the week, my dad he just Doing something where you're
• 3:48:48
  working full time. Waitress we over honestly.
• 3:48:52
  So I can get well you can't wait for this to be over because you
• 3:48:55
  got to have money so you can hire lawyer.
• 3:48:58
  Right. So that's what we've gone
• 3:48:59
  through before. You know.
• 3:49:01
  So you've got to follow the instructions that I've given.
• 3:49:04
  You, you've got to talk to lawyers, you've got to actually
• 3:49:07
  try to hire them and you've actually need to go get her job.
• 3:49:10
  I mean, it's great that you can work a day or two for your dad,
• 3:49:12
  but if it's not full time, then you need to get a full-time job.
• 3:49:15
  Yeah, there's plenty people out there that are accepting
• 3:49:18
  applications and hiring. I'm going to reset your pace for
• 3:49:21
  30 days. You need to get a job within 30
• 3:49:23
  days. Well, if you get one, bring a
• 3:49:26
  pay stub or something that proves that you got that job.
• 3:49:29
  If you don't get one, then you need to bring me every job a
• 3:49:33
  list of every single one. You've applied to do, you
• 3:49:35
  understand? He also need to talk to three a
• 3:49:39
  lawyers so that when you do get a job and make some money,
• 3:49:41
  you'll know who you want to hire.
• 3:49:43
  So, that makes sense. If you don't do all of that and
• 3:49:45
  bring that stuff to me, then your bond is going to be raised
• 3:49:48
  and you will go to jail. Yes, step in front of the club.
• 3:49:54
  Okie dokie folks. As I said, I had a few things I
• 3:49:56
  want to cover with you in the last part of the fourth hour.
• 3:49:59
  So we're going to do that real quick.
• 3:50:01
  Before we send you on your way for the day.
• 3:50:05
  Ellie, are you coming over to help?
• 3:50:08
  And Ellie's coming over to help. So everybody, say, good morning
• 3:50:11
  to Ellie, I gotta have a sweet, those seat, those sweetheart.
• 3:50:13
  I got to be able to see what I'm doing first.
• 3:50:15
  Let's start with what's going on with what we just saw in judge
• 3:50:19
  West Court because I looked it up to see if there was any kind
• 3:50:23
  of restrictions in selling. Labor law posters in the state
• 3:50:29
  of Texas. And there is not however, I did
• 3:50:36
  find that people are often charged there for selling them
• 3:50:40
  and it has to most often do with impersonating, a government
• 3:50:44
  official So, for example, hold on a minute.
• 3:50:52
  So, for example, someone claims to be apartment of Labor,
• 3:50:56
  inspector to compliance officer, a government agent, something
• 3:50:59
  like that and I located him on judge's docket for this morning.
• 3:51:06
  So thank you, Ashley, for finding me his name.
• 3:51:08
  For me, he is charged with impersonating, a public servant,
• 3:51:12
  so that's what's going on there? It has nothing to do per se.
• 3:51:19
  Anyways, with the posters themselves at house to do with
• 3:51:22
  how he is. How he is presenting himself
• 3:51:27
  when he goes to do it. So there we go.
• 3:51:31
  Okie dokie. I wanted to share a story with
• 3:51:34
  you real quick and then I wanted to discuss Judge, Boyd.
• 3:51:40
  A little more. Hold on while I get this pulled
• 3:51:42
  up. To go here.
• 3:51:56
  So, this was actually brought to my attention by Grandma TCF
• 3:52:01
  yesterday. So sad, sad sad, story out of
• 3:52:06
  Gainesville, Georgia. High School teacher, 40 dies,
• 3:52:09
  when students prank goes wrong days after District warned about
• 3:52:14
  stunts going wrong. Barbara, thank you for the five
• 3:52:18
  dollars. Good morning Ellie, our
• 3:52:19
  beautiful co-host. I will put that in her treat on
• 3:52:22
  to thank you. George High School teacher is
• 3:52:27
  dead after an alleged Prank Went Wrong.
• 3:52:29
  Just days. After his school, district warn
• 3:52:31
  students of past prom season pranks that went too far.
• 3:52:36
  Jason Hughes 40 died late in the evening on Friday.
• 3:52:40
  After he was run over at his Gainesville home by an 18 year
• 3:52:44
  old who was pulling a prank along with four other
• 3:52:46
  individuals. Five people including Jayden
• 3:52:49
  Ryan Wallace, 18 covered or rolled the teacher's trees and
• 3:52:53
  toilet paper per the release. When he's came out of his home,
• 3:52:56
  the group got into two different cars to flee.
• 3:52:59
  The scene, one of the vehicles was Wallace's pickup truck with
• 3:53:03
  which he ran over his after the teacher, tripped and fell into
• 3:53:06
  the road. While it's in the others
• 3:53:08
  involved in the pranks, stopped in attempted to Aid, he is until
• 3:53:11
  emergency responders arrived at the scene according to the
• 3:53:14
  release. He later died at the hospital.
• 3:53:16
  Police arrested wall so that the scene along with the four others
• 3:53:20
  Elijah, Tate Owens 18, Aiden Huck's, 18 and a Catherine look,
• 3:53:26
  look 18 and area on a cruise 18. They're all Gainesville
• 3:53:31
  residents. Wallace has been charged with
• 3:53:35
  first degree of vehicular, homicide and reckless driving in
• 3:53:39
  connection with his death. Heel along with four others.
• 3:53:43
  At the scene of all been charged with criminal trespass and
• 3:53:45
  littering on private property. His was a teacher at North Hall,
• 3:53:49
  High School. Father of two young boys,
• 3:53:52
  according to a GoFundMe fundraiser.
• 3:53:56
  Our hearts are broken. The district statement said,
• 3:53:58
  Jason Hughes was a loving husband devoted, father,
• 3:54:01
  passionate teacher mentor and Coach, Who Loved Henry was loved
• 3:54:06
  and respected by students and colleagues.
• 3:54:08
  He gave so much to so many in numerous ways our hearts and
• 3:54:12
  prayers go out to him in his family.
• 3:54:15
  Oh yes, love me. Thank you.
• 3:54:18
  Love me in the middle of a serious topic.
• 3:54:19
  Lighting up the mood, a little um, Yeah, so you're saying in
• 3:54:26
  the chat, heartbreaking story, what exactly did they do?
• 3:54:29
  Well just to summarize again Barbara.
• 3:54:34
  The students went to the teachers house to TP his trees.
• 3:54:37
  Then when he came out to confront them, they got in their
• 3:54:41
  cars and started to speed away. But as he was pursuing them, he
• 3:54:45
  fell into the street and the one ran him over. so, you know, we
• 3:54:52
  talked a whole lot around here about wasted youth.
• 3:54:56
  This, you know, and young people doing dumb things.
• 3:54:59
  And as grandma TCF pointed out to me when she told me about the
• 3:55:03
  story, you know, our young people do stupid things all the
• 3:55:09
  time and you know what I did too?
• 3:55:11
  When I was young, we all did. But I don't know that we're
• 3:55:15
  doing a good enough job of explaining to students just and
• 3:55:20
  to young people just how close you can be to everything
• 3:55:24
  spiraling out of control. I've said it before, any of us
• 3:55:27
  are just a couple of missteps away from being in front of one
• 3:55:32
  of these judges that we see and I don't think we do a good
• 3:55:36
  enough job of explaining to students to young people, to our
• 3:55:42
  children to anybody. How just just a a simple choice.
• 3:55:51
  You know, that you look at and go.
• 3:55:53
  Well, it's just a silly little thing but it's one step closer
• 3:55:57
  to something really bad happening.
• 3:55:59
  It really is anytime anytime you step out of a behavior that is
• 3:56:05
  labeled, okay? You risk going further down the
• 3:56:12
  bad Road? I'm just saying I think we need
• 3:56:20
  to do a better job of teaching our youth to rethink their
• 3:56:23
  choice is. I mean Stuff is still going to
• 3:56:26
  happen but I worry that we don't do a good enough job explaining
• 3:56:29
  just how how close you can be. how much closer you get to
• 3:56:35
  really bad things with It go to this judge Boyd situation.
• 3:56:47
  Now we posted. Are we talked rather inside bar
• 3:56:51
  on Thursday about Judge Boyd and how How?
• 3:56:56
  She lost her primary and she'll be leaving the bench at the end
• 3:56:58
  of the year. And I posted that in a separate
• 3:57:01
  segment and it's gotten a lot of comments, and it's interesting
• 3:57:05
  to me, how polarizing she appears to have been more so
• 3:57:11
  than I thought, even but, It's interesting as well through some
• 3:57:19
  of these comments that I'm seeing how a lot of people, I
• 3:57:23
  don't think are completely thinking out the process on
• 3:57:26
  stuff that we're living in. Kind of absolute's first comment
• 3:57:31
  was an hour ago, good, she was a horrible judge.
• 3:57:36
  Another one boyed clearly enjoyed that moment in the trial
• 3:57:39
  where she gets to smack the defendant around.
• 3:57:42
  Really give it to the flawed human being at her non-existent
• 3:57:46
  mercy. I won't miss her.
• 3:57:48
  Good riddance, she was horrible. Then somebody else she should do
• 3:57:53
  a Judge Judy styles show. She was great until she became
• 3:57:58
  aware of her following. Once the person's and flowers
• 3:58:01
  came out, she was constantly looking into the camera.
• 3:58:04
  Not sure that I agree with that. She was terrible.
• 3:58:11
  If you're black she lets you walk free.
• 3:58:13
  Bye-bye activist judge. and on and on, and on, unfortunately,
• 3:58:25
  people are very much entitled to their opinion.
• 3:58:29
  And I'm not gonna. Not gonna deny somebody their
• 3:58:34
  opinion. Hold on here.
• 3:58:34
  A minute. Why aren't you fixing yourself?
• 3:58:40
  This is weird. Hold on.
• 3:58:53
  New software, still learning. There we go.
• 3:58:57
  Okay, so people are certainly entitled their their opinion and
• 3:59:01
  I'm not going to deny anybody their opinion but I don't know
• 3:59:07
  that. That I can wrap my head around
• 3:59:12
  all of the negativity. Surrounding her that's come out.
• 3:59:20
  I don't know. Tell me if you see it
• 3:59:21
  differently in the chat, but Yeah, as Michael said, I love
• 3:59:26
  how nearly all these comments. Don't give a specific example or
• 3:59:30
  they give an example. That's just not true.
• 3:59:32
  At least from what I've seen and look what we watch.
• 3:59:34
  A lot of Court here and I'm not I've told you before that, I'm
• 3:59:40
  not. somebody who Is necessarily A Boyd fan.
• 3:59:48
  I've told you before. That one of my problems with
• 3:59:50
  theirs, I felt like she was She was making up her mind often
• 3:59:58
  before she heard of everything. I could see that.
• 4:00:01
  Um, she's definitely opinionated, I didn't get the
• 4:00:05
  fat, the one where the person was claiming that if there was a
• 4:00:08
  black defendant in front of her, she treated them better.
• 4:00:11
  I definitely didn't see of its of that, if nothing else.
• 4:00:14
  Maybe a little worse. um, I don't know.
• 4:00:20
  But I was looking through those comments and it was just
• 4:00:23
  disturbing to me. Because again, I'm not
• 4:00:25
  necessarily myself, the biggest Boyd fan and how she, how she
• 4:00:30
  ran her courtroom? However A lot of the allegations
• 4:00:35
  that I've been seeing, they just don't match reality. and I
• 4:00:40
  wanted to point that out because the majority of Of the morning
• 4:00:45
  audience, I think is much more Discerning than that.
• 4:00:49
  They're much more thoughtful and I wanted to if nothing else.
• 4:00:52
  Thank all of you for that, because I believe that you you
• 4:00:56
  look at things more, critically you have.
• 4:01:00
  More more thought put into. What you see and I think that's
• 4:01:06
  incredibly important. because if we, if we just look at, Moments.
• 4:01:17
  And we don't look at the entire body of work of somebody,
• 4:01:20
  anybody not just judge, but anybody, if we're not focused on
• 4:01:25
  a full picture, I don't know how how we can truly understand
• 4:01:31
  anybody, I don't know how we can truly work as a society.
• 4:01:39
  Any idea if any of these commenters are subscribed, so
• 4:01:42
  we're about 50/50 Lindsay on. Subscribers versus
• 4:01:48
  non-subscribers that are watching that video but I don't
• 4:01:52
  know. I can't tell just from looking
• 4:01:55
  at it if they're subscribers or not, but there are some names
• 4:01:58
  that I recognize. So yeah, I think some of them
• 4:02:01
  are And that's fine. Like I said, you can have your
• 4:02:05
  opinions. I would just hope we would work
• 4:02:06
  better at Grounding our opinions in facts and in real
• 4:02:11
  observations rather than these broad Strokes that we see.
• 4:02:14
  And again, I want to thank all of you, because I believe the
• 4:02:18
  people who attend the morning show are better than that.
• 4:02:20
  And that's one of the reasons why I enjoy the show so much we
• 4:02:25
  can have good conversation. That tends to be lacking on the
• 4:02:29
  rest of you too. So, but you know, you can go
• 4:02:32
  check out the video yourself if you look through the comments
• 4:02:34
  who you think, but It's interesting again that she was
• 4:02:39
  so polarizing, but so, few could point to exactly, why?
• 4:02:44
  Which I don't think serves us. Anywho, that is what I had for
• 4:02:48
  today. So we're gonna go ahead and call
• 4:02:50
  it for now. We'll be back tonight on in the
• 4:02:54
  blind, 7 p.m. Eastern 4 p.m.
• 4:02:56
  Pacific. There's links that have been
• 4:02:57
  dropped in the chat for that, be sure to check us out, that's not
• 4:03:01
  on this channel, that is on a different Channel.
• 4:03:03
  A news show with me and Michael Groff.
• 4:03:05
  It has nothing to do with court but it is super fun.
• 4:03:09
  So do please check us out there. Only back here, tomorrow
• 4:03:12
  morning. 9 a.m. eastern 6:00 a.m.
• 4:03:13
  Pacific a half an hour early for channel members.
• 4:03:16
  I hope you all enjoyed the day. Thank you for joining me.
• 4:03:20
  It's been a blast and look forward to seeing you soon.
• 4:03:22
  Take care. God bless.