Latest / The Courtroom Files / February 13 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #231

Transcript

February 13 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #231 · The Courtroom Files

0:02
There we go. Good morning, everybody.
0:03
Happy Friday, happy Super Friday, and to be honest with
0:06
you, happy technical issues Friday.
0:09
I am holding it together here right now with duct tape and
0:13
chicken wire. But we're going to March forward
0:15
and we're going to have a show. This is Warren County, Ohio
0:18
Court of Common. Please, let's see what's going
0:20
on. State versus Costa, 25 CR 43236.
0:30
How's it? Going you, Mr. Costa?
0:31
Yes, ma'am. Everything on the sheet is
0:33
correct. Yep.
0:36
All right. Do you resign on chimney lane in
0:38
Kettering? Yeah, it's an.
0:39
Apartment. I don't know if I put it on
0:41
there. You did apartment one seat.
0:42
Excellent. All right, Mr. Gibbs, how are we
0:45
proceeding today? Yes, Your Honor, I would like to
0:46
enter a plea. If not guilty at this time, we
0:48
have any defect in service of the indictment.
0:50
As well as the. Formal reading and the 24 hour
0:53
rule all. Right, Mr. Costa, do you intend
0:55
on hiring an attorney or do you need the court 2.1 for you?
0:58
Appointed please all. Right.
1:01
I am going to appoint James Bogan to represent you and you
1:05
now have his contact information and we will let him know he's
1:08
been appointed on your case so the two of you can set up a time
1:10
to speak. What's the state's position on
1:12
bail? You are the we attempted to
1:16
serve him at the address that he just provided the court and it
1:21
was returned by the Montgomery County Sheriff's Office that he
1:23
does not reside at that address. So based on.
1:27
Our. Inability to serve him at his
1:31
stated address, we would ask the court to.
1:34
Put a monetary. Bail amount in place or in the
1:37
alternative to place him on community corrections
1:39
supervision so that we know where he is.
1:42
This is an F3 level drug possession case, Mr. Gibbs.
1:47
Is your honor, we would request that in alignment with the
1:50
pretrial report, he'd be released of his own
1:54
recognizance. He has minimal criminal
1:56
convictions, full time employment and for the pretrial
2:00
report of state residents within Warren County.
2:05
Based upon the information before me, I'm going to issue an
2:08
OR bond in this case at least. Mr. Costa today under the
2:11
supervision of Warren County Community Corrections on
2:14
electronically monitored house arrest with standard privileges
2:17
including employment, if any, can have medical appointments,
2:22
court appearances, treatment appointments, otherwise to
2:24
remain at home and then not to change his address without prior
2:28
court approval. And we'll also do random drug
2:30
testing. So Mr. Costa, once they can
2:35
verify your address, you will be released, but you have to
2:38
provide that information to pre or to community corrections.
2:40
They'll be over to talk to you. I have.
2:42
Mail sent to that address. Would that work?
2:45
So they'll they can go through the terms of what you have to
2:47
comply with, OK. Yes, I'm sorry, no.
2:49
That's fine. And then we will get this set
2:53
for a pretrial conference with Judge Teep as soon as possible.
2:56
Anything further from the state? No, you are anything further
2:59
from defense? Nothing further, sorry.
3:01
Thank. You.
3:04
Taylor Mains, please. The state versus Mains 25 CR
3:11
43141. You're Miss Mains.
3:17
Yes, ma'am. Everything on the sheet is
3:18
correct. Yes, ma'am.
3:19
You're residing on State Route 132 in Goshen.
3:21
Yes, ma'am. All right.
3:23
How are we proceeding today, Mr. Gibbs?
3:25
Yes, Your Honor, I'm going to be entering a plea of not guilty at
3:27
this time, waive any defect in service of the indictment as
3:30
well as the formal reading and 24 hour rule.
3:32
All right, excellent. This means do you intend on
3:35
hiring council or do you need the court to appoint one for
3:37
you? We're going to appoint Tim
3:41
McKenna to represent you. So you now have his contact
3:44
information. We will let him know he's been
3:46
appointed on the case so the two of you can speak.
3:50
My notes indicate bond was revoked November 24th, 2025.
3:54
Miss Nicholson, is that the state's position?
3:56
That is my understanding, Your Honor.
3:57
OK, Mr. Gibbs, is that your knowledge as well?
3:59
Yes. Your.
3:59
Honor, that is what. We have.
4:01
All right, So, Miss Mains, I am without the authority to issue a
4:03
bond in this case because it was revoked by Judge Teeth.
4:06
So we will get it set for a pretrial conference as soon as
4:08
possible and then Judge, Judge Teeth will be able to address
4:11
bond. OK.
4:12
Anything further from the state? No, Your Honor.
4:14
Thank you. Anything further from defense?
4:15
All right, we're good to go. Thank you, ma'am.
4:21
Final cases State versus Javier Reyes, 26 CR 43327, we already
4:29
have a warrant on indictment. State versus Mikkel Sorrell, 26
4:35
CR 43332, already a warrant on indictment.
4:40
And state versus Brad Miller 26 CR 43325 We already have a
4:45
warrant on indictment and that is the arraignment dog of here
4:48
today. Roll over and hit the.
4:50
Stop button please may. I approach.
4:59
All right, Good morning once again, everybody, Happy Super
5:01
Friday. I need you all to be on the
5:04
lookout and let me know if there's any problems with the
5:06
show this morning, if anything's not coming through right,
5:10
because I'm having tech issues galore over here.
5:13
But I'm determined to March forward one way or another.
5:15
And Kaz, good morning. We haven't seen you on the
5:18
morning show in a long time. And it's so good to have you
5:21
back, my friend. We've missed you.
5:23
Let's go to Michigan 44th District Court Magistrate.
5:29
Let's see what's going on. Good morning, Your honor.
5:32
Hi, how are you, Sir? We don't have anyone ready, so
5:36
if you want to leave the Zoom and we'll call you.
5:38
We have a lot in custody and I don't know when they'll be
5:42
ready, but we don't have any walk-ins.
5:44
I don't have any inclination if and when they'll be ready and
5:48
Magistrate Chisholm is doing my docket this afternoon, so we'll
5:51
call you if we need you. OK.
5:53
I'll be around. Thank.
5:55
You so much, Sir. I always love when I have the
5:58
poo pie here. We love the magistrate.
6:01
He's the best poo. Pie in the whole.
6:03
I know he is. We were relying on Mr. Angok for
6:05
a lot of things. We're very appreciative of him
6:07
and his talents at this court. So I I hold my hand out Mr.
6:13
Angok and Humbly Bad and tell you almost my entire April's
6:17
open judge and I'm going to hook that up right now judging.
6:21
I'm a big fan of Michael's, so you know, I appreciate that.
6:23
Thanks guys. All right.
6:25
Thanks for letting us run smoothly this morning.
6:27
OK, Mr. Steinberg, are we ready with the nine O 1?
6:31
Terrell Davis. Is he still he?
6:34
Needs to be helped back in because he's in the courthouse.
6:38
He needs you to bring him close out his breakout room.
6:45
I couldn't bring him. I didn't.
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You didn't make me a Co host, so I don't.
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I didn't have the ability to bring him back in there.
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He is. I see him now.
6:56
One moment, please. Mr. Davis, could you start your
7:01
video if you know how to do that, please, Hailey, I'll be
7:07
right. There.
7:08
He is. OK.
7:09
I. Like talking to you too.
7:10
Just a minute. OK.
7:25
Are we ready to proceed, Mr. Steinberg?
7:29
Yeah. OK, I'm going to call.
7:31
Sorry to say. Yeah, Yes, I am.
7:33
OK, I'm going to call the case, please.
7:35
Are we ready, Madam Clerk? Thank you. 260-0070 This is the
7:42
case of the City of Berkeley versus Mr. Terrell Davis.
7:48
Your appearances, please. That means tell me your name.
7:52
Ready Honor Michael Alzheimer, P43481-ON behalf of Mr. Davis,
7:57
we consent to being on Zoom. Mr. Davis, state your name,
8:00
please. Terrell Davis.
8:02
Good morning, Sir. Thank you for appearing today
8:05
and for coming to the courthouse and being early.
8:08
The court really appreciates all those courtesies.
8:11
OK, go ahead, Mr. Steinberg. Yes, ma'am, good morning.
8:14
I have advised him of the nature of the offense to a satisfaction
8:18
wave the reading there in an event.
8:20
In addition, I went over his constitutional rights and to to
8:24
a satisfaction wave their reading.
8:26
I think I consented to being on Zoom.
8:29
I chatted his phone number to the 44th District Court clerk.
8:34
Did you get a man of clerk? Number ends in 4762.
8:43
One second, please. Right, Madam Clerk is looking
8:50
that up. Is the phone number on Bring
8:52
Guard in Detroit a good address, Sir?
8:54
I was going to say yes, the address is correct.
8:58
OK, we did receive the phone number.
9:01
Is that your preference? I chatted to the clerk rather
9:04
than. Whatever whatever way is fine.
9:06
Thank you. Thank you.
9:09
OK. So we are waiving the formal
9:11
reading. What's the plea?
9:14
He answers a plea of not guilty at this time.
9:16
OK, Defendant pleads not guilty and not guilty plea shall enter.
9:25
We've confirmed we have his address and his phone number
9:30
assigned. Counsel yes or no?
9:32
He does need council, Your Honor.
9:34
OK, the request for assigned council is granted.
9:38
Council shall be assigned for this gentleman.
9:41
Are we operation drive candidate perhaps?
9:46
Absolutely. OK, I will note that for the
9:50
file, what you have to say about bond and bond conditions.
9:54
The honor, I'm was like you, I was impressed that he got
9:57
himself up to the courthouse. He was early.
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He is looking forward to the assistance of Operation driving,
10:04
getting his license back. It's a bit overwhelming and what
10:07
he owes right now and I know the program will help him immensely
10:10
based on that. Ask you for a personal bond.
10:13
OK, let me just look real quickly.
10:56
Wow Ashley, 10 gifted memberships, thank you so much.
10:59
You on probation. Everybody in the community,
11:02
please thank Ashley. Ashley has been around pretty
11:05
much since the beginning. She is a tremendous friend,
11:08
tremendous supporter for this channel and let her know you
11:12
appreciate her because I I sure do Thanks, Ashley.
11:15
Macomb County Circuit Court. Yes, sure.
11:18
OK. Are you currently on that
11:20
status? Yes.
11:22
OK. Is that reporting or non
11:26
reporting? Reporting once a month.
11:50
Don't know if he qualifies for a personal bond.
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Do you have a comment on that, Mister Seiberg?
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I mean, what offense is it that he has that he's I, I don't have
12:05
access to the lien. There was something out of 24
12:14
out of. I'm sorry you cut out
12:16
Magistrate. What did you say?
12:17
One second, please. In 2023, out of 16th Circuit
12:30
there was a jail sentence and probation and that was felonies
12:39
for felony motor vehicle unlawful driving away.
12:52
And then in 24 and 36, he was bound over to 3rd Circuit and in
13:06
25 he has out of the 16th Circuit one second attempted
13:15
felony burglary. There's there's a few parallel
13:20
things. Going on understood, Your honor,
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if you don't feel that he qualifies for bond, I'd ask for
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a very nominal bond. Again, this is going he is going
13:28
to get his license restored, although the fleeing and looting
13:32
may affect his ability to get his license.
13:34
I don't. They typically suspend for at
13:38
least a year on the. OK, so tell me a little bit
13:42
about yourself, Mr. Davis. Where do you work?
13:44
How long have you been living? What are your ties to the
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community? What are we doing to it?
13:50
Have a better tract in life. I'm moving forward with my life,
13:53
with my path. I'm putting my path behind me.
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I've been doing plumbing and I'm also.
13:58
Trying. You're learning a trade, the
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plumbing trade. It's already.
14:02
I I'm sorry, I just missed what you said because you were
14:04
speaking fast so I was trying to understand what you were saying.
14:08
So just speak a little bit slower please.
14:10
So I've been doing plumbing. OK.
14:13
I'm trying to get into Ford Motors.
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Right now I'm waiting on my applications to submit my
14:17
application. OK.
14:20
And how long have you lived at Bring Guard Drive in Detroit?
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The question of almost a year. OK.
14:28
And do you live alone, or does somebody else live there with
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you? Siblings.
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OK, how many siblings do you have?
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My sister and my twin brothers. OK.
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And are you only on my? Son.
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Oh, you have a son. OK.
14:45
And are you only on reporting probation out of one court or
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are there different courts? I'm out of probation out of Hub
14:55
Macomb. Is that the only thing that's
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not tied up yet? I'm a I'm on a, I'm on a I'm out
15:06
of a bar right now. OK, out of what court?
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A. Federal.
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Court. OK, got a lot going on.
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This is a lot too. I'm trying to keep.
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I'm trying to keep. I'm trying to keep up.
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I'm. Trying to get on a better track
15:29
here. That's what I'm trying.
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I'm hoping I can get in. I'm hoping I can get my license
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back with you guys. OK.
15:35
Well, do you currently work? Do you have steady employment?
15:41
Yes. Like how do you get paid?
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What do you get paid under? The table on my on my family,
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it's a family owned business. OK.
15:50
And do you pay child support for your son through a court order
15:54
or do you just? No.
15:56
I I'm a. Full time dad, I got my son.
15:58
OK. So you have your son.
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That's very commendable. And how old is your son?
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He's 13. OK, so it goes to school, right?
16:06
Yes, just talking about. Do you have a lot of Do you feel
16:12
a lot of responsibility to be a good role model for your son?
16:16
Yes, I do. OK.
16:17
So we have to make better choices going forward.
16:20
Yes, ma'am. Do you have any financial
16:23
ability to post any type of financial bond today?
16:30
I have like. $200 on them. OK.
16:36
And what were you planning to do with that $200?
16:38
Is that food money, rent money? What is that spending money?
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No, it's not spending money. This is, you know.
16:47
Yeah, it. Is.
16:49
OK. The court is posting $500.00
16:55
cash bond, cash surety, 10% bond.
17:02
So you have to post $50. Are you able to do that today,
17:05
Sir? Yes, ma'am.
17:07
OK with the following conditions, OK, You have to
17:11
personally appear like you did today.
17:13
You're always welcome to come to the courthouse or you can do it
17:16
by Zoom. You have to abide by any
17:19
judgment enter in this case surrender to serve any sentence
17:22
imposed. You are not to leave the state
17:25
of Michigan without permission to the court.
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Do not commit any crime while release.
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That means you cannot drive without a valid license.
17:32
OK. Or permits, which if you go and
17:37
operation Drive, no promise, no guarantee, because I don't know
17:41
the reasons why you don't have a license, but we try to work with
17:44
you. The goal of that program is to
17:46
get you legally on the road so you and I don't have to meet,
17:48
OK. You have to immediately notify
17:51
the court in writing of any change of address or telephone
17:54
number. And I'm going to reduce the bond
18:00
to no, I'll keep it at 505 hundred cash surety, 10%.
18:07
So you have to stop at the counter and pay $50, OK?
18:10
Do you understand that? Yes, ma'am.
18:12
OK. And we'll set this matter for a
18:15
pretrial. You will have assigned council
18:20
and the notice to appear will be sent to the green Guard address
18:26
and it will be by Zoom. You have Judge Meineke, he
18:31
started the program, so he really likes to help people.
18:34
So this is bad luck in one way, but good luck in another, you
18:38
know, like a bad break and a good break.
18:40
So let's hope that the program will work for you.
18:44
OK. And you will have assigned
18:48
counsel for that it Mr. Steinberg.
18:51
Is there anything further requested or required of the
18:53
court? No, ma'am.
18:55
Mr. Davis. OK, Mr. Davis, this concludes
18:57
your arraignment. You.
18:59
We waive the formal reading. I have your address on your
19:02
phone. You pled not guilty and not
19:03
guilty plea. You'll be in operation drive.
19:06
You have 500 posts, $50 at the counter before you leave for
19:12
your bond. And we're going to set this
19:14
matter for a pretrial. OK.
19:16
OK. All right.
19:17
I have faith in you. Good luck.
19:18
Thank. You so much all.
19:20
Right. Take care of that son of yours,
19:22
OK? Yes, ma'am.
19:25
All right, Speaking of Operation Drive and Judge Meineke, let's
19:28
let's walk across the hall and say good morning to him.
19:31
I have not seen Mr. Pearson on Zoom.
19:34
I did see an iPhone listed earlier without a name, but I do
19:39
not see Mr. Pearson. We did speak yesterday.
19:44
He was fully aware of this morning.
19:49
His. Basically, the purpose of today
19:53
was his. His behavior was so outrageous
19:58
to probation that it caused me concern that my decision to
20:05
delete the tether provision was erroneous.
20:09
That in order to secure his appearance and make sure that he
20:15
followed all bond conditions that the the tether needed to be
20:19
put back into place. And, and, but I wanted to have a
20:23
conversation with him first. Maybe there was an explanation,
20:26
maybe there's something that would certainly not justified,
20:31
but at least offer some context for why he would be so
20:37
disorderly, disruptive, disrespectful.
20:40
It was. And obviously we had a new
20:49
police contact on December 10th for an old crime, but I think he
20:53
was arrested on December 10th. Is that right, Mr. Racy?
20:56
Yes, that's correct, Your Honor. For the record, Your Honor, I do
21:00
believe that that does predate this case.
21:03
And I, it's my understanding that was dismissed this past
21:06
week at some level. So I mean, that's, that's,
21:16
that's where I'm at. I, I wanted to give him a chance
21:19
today to explain himself because mine, he, he didn't show up
21:26
today so far, but we've seen, I guess I'm a little, I'm a little
21:30
reluctant to, given the, given the quick turn around time to
21:34
issue a bench warrant. But, but what I am planning on
21:38
doing today is to indicate that he needs to get the tether back
21:40
on within 72 hours. And and that will give him give
21:45
you the time to communicate it with him and for him to get that
21:48
back on. And that way I could guarantee
21:52
you. Did you miss Tracy?
21:53
Did you actually get enough to do APSI or no?
21:57
I I was your honor, I guess. OK.
22:00
So we can continue with the sentencing date of March 3rd.
22:03
Yes. So.
22:06
So Mr. Ballard. That's that's the one sort of
22:09
grace that I'll offer him is knowing that the turn around
22:12
time is so quick. I won't issue a bench warrant
22:16
for today, despite the fact that you've talked to him, but I will
22:19
require, although I guess I would hear any arguments from
22:23
you on this, Mr. Ballard, I will require that he have the tether
22:27
put back in place within 72 hours.
22:30
So that I can. Secure his appearance for that
22:33
March 3rd date. Without my client's presence,
22:38
it's tough to mount an adequate argument.
22:42
I was not aware of his conduct toward the towards the probation
22:47
department. My understanding was this dealt
22:51
with the incident out of Ypsilanti.
22:54
I was prepared to discuss that. But again, I, I can't, I, I
22:59
can't speak intelligently about what may or may not have taken
23:02
place with probation and I have no reason to doubt the corridor
23:06
or the probation department's representation.
23:08
I just did not have a conversation with Mr. Pearson in
23:12
regards to that. I would appreciate the Court's
23:15
grace in regards to this. I'm not issuing the bench
23:17
warrant and I will make every effort today to communicate to
23:21
Mr. Pearson his need to return for the tether.
23:51
By one concern, I guess, your Honor, while we're discussing
23:54
and I don't know the hours how this would work, but given today
24:01
and then the weekend through even Monday, which is a holiday,
24:06
it's a holiday, you're right. So I will, here's what we'll do.
24:10
I will order that the tether be back in place by February 17th.
24:14
Very good. That will give them through
24:17
Tuesday and then Mr. Ballard, what you can do is after you
24:22
have a conversation with him if you if he wishes to or if you
24:28
wish to have the court review its decision to reinstate.
24:32
We have you know Fridays available for hearing between
24:36
now and that and that sentencing date.
24:40
So he'll, he'll keep it on, but at the same point in time, if
24:45
you know, if you have a conversation with him and
24:47
there's some reflection that takes place about the nature of
24:52
the conduct. Because frankly, it's, it was so
24:56
shocking that, that, that the court felt rather foolish in
25:00
having granted him the grace to not have a tether.
25:03
Because it it was very clear to me that there was a complete
25:08
lack of a desire to cooperate and lack of respect for any of
25:12
the employees at the court, It makes me wonder whether I should
25:16
be worried about his desire and intention to appear at future
25:19
court dates. And so that's why the court, you
25:22
know, knowing the, knowing the standard.
25:24
In which? The court is to consider when
25:28
reviewing bond, one of those standards is showing up for
25:31
court and, and, and that behavior brought that into a
25:36
high alert status for me. But like I said, he's got to
25:40
have it back on on the 17th. Whether he has to have it on,
25:45
whether he has to have it back on for the entirety of the time
25:49
between now and March 3rd. Who knows, Mr. Ballard, you can
25:52
maybe you might be able to have a conversation with him and get
25:56
us back together on Zoom sometime in the next few
25:59
Fridays. OK, very.
26:00
Good. All right.
26:02
Thank you very much for making time this morning.
26:04
I know it was very short notice and I just, I'm very grateful
26:08
for that. And I do hope that you can help
26:12
Mr. Pearson figure this out. We'll take every effort.
26:15
Your Honor, thank you for the courts.
26:17
Grace. Thank you.
26:18
Have a good day. You too, your honor.
26:20
Thank you, Your honor. All right, I'll keep an eye
26:37
there and see when he might rack up another contestant.
26:41
Good morning. Once again, everybody.
26:42
Happy Super Friday, TCF Live. Good to have you here.
26:45
I've got probably about 2/3 of my tech issues here sorted.
26:49
We're soldiering on fixing problems one at a time.
26:54
Let's let's March back across the hall, back to the magistrate
26:58
can. You say that one more time.
27:01
Can you tell me your name please?
27:02
I don't. March is bro.
27:05
OK. I don't see you on my docket for
27:07
today. Can you tell me on what type of
27:09
matter you're you're appearing? I was supposed to appear at 9:00
27:15
AM to this court, for I got a western from last week that
27:23
just, you know, uttering the publishing.
27:26
OK. And it says for nine O 1. 9:00
27:34
AM. For today.
27:37
Yeah, but I could if I'm possible to flip my camera.
27:46
OK, my clerk just stepped up. I'm going to look up your case.
27:51
2132026. OK, one moment, please.
27:57
Does it say which judge? Is it for an arraignment or is
28:05
it for a pretrial? I'm not sure it says Judge Derek
28:10
W McKinney. And Judge W Oh, it does.
28:14
OK, wait, let me see the document again in front of you.
28:22
What's the highlighted thing at the top does?
28:25
Is it something highlighted in in Judge Meineke?
28:28
No. No, I mean no, ma'am.
28:34
OK, one second. Oh, Andrew.
28:37
Judge K So you might be supposed to be at Judge Kay's courtroom
28:43
one second. Well, the gentleman who joined
29:01
the Zoom, can you tell me who you are, Sir?
29:04
Shannon. Shannon, correct, 946, OK.
29:15
I'm going to put you in a breakout room with attorney
29:19
Michael Steinberg, who will be assisting you this morning for
29:30
any object. I mean, we're very early, but
29:32
can you take that now, Mr. You? Want me to go to room 1?
29:36
Is that it? That's.
29:38
Why don't you go to room 2? Because it's easier for me to
29:40
manipulate please. OK, I'll.
29:43
Thank you. OK, Mr. Broome, I'm still going
29:47
to look up where you're supposed to be.
29:49
OK. Thank you.
29:53
Does it say if it's on your notice like what it is like a
29:58
pre trial or? This is my first quarter
30:01
appearance, so. It is.
30:03
It seems like that should be an arraignment.
30:06
OK, let me look it up. I'll be right back.
30:09
Thank you. All right, friends, bear with me
30:40
through this pause. Just a moment.
30:43
It is a quiet, slower day in Courtlandia, as often happens on
30:47
a Friday morning, but I'm trying to get a couple other things
30:49
wrapped up, so just hang tight here for a second.
30:52
A couple of other courts have just come online, so I want to
30:55
see what else I can get us. So hang tight.
31:24
OK, good to go. Now let's go to Lansing, MI.
31:28
We'll say good morning to Judge Tony Flores, I think it was.
31:32
Miss Wilson. Miss Wilson?
31:33
All right. Are you ready on Mr. Blackwell,
31:37
Miss Fortunigal? Yes, Your Honor.
31:39
All right, So we're on the record in dockets 2501378.
31:45
That's people of the state of Michigan versus Ethan Blackwell
31:50
appearances to the record Miss Fortuna Gill.
31:52
Haley Fortuna Gill on behalf of the people.
31:54
Mr. Kaplan. Thank you, Your Honor.
31:56
Jeffrey Kaplan E74943-ON behalf of the defendant who's standing
32:00
to my right. And Sir, you are Ethan
32:02
Blackwell, is that correct? Yes.
32:03
Sir. All right.
32:04
Thank you. This is the time set for a
32:06
preliminary examination today. Mr. Fortuna Gill, how we
32:09
proceed. Your Honor, at this time, I will
32:11
defer to Mr. Kaplan. Mr. Kaplan.
32:13
Thank you, Your Honor. The offer in this case is for my
32:16
client to plead guilty to an attempted resisting and
32:18
obstructing, which I don't know if she would amend that or it
32:23
would be an amended count it. Would be an amended count 1.
32:27
Yes, it would be an amended count 1.
32:29
All right, if if If so, you may proceed, Mr. Capital.
32:36
So I'm just double checking the other.
32:40
Yeah, the other charge in the habituals of course would be
32:43
dismissed that habituals don't apply to the misdemeanor.
32:48
And my I've spoken to my client, he would like to avail himself
32:53
of that and take the. Deal.
32:55
All right. So it would be an amended count
32:57
1 of attempted Arno count 2 and the habitual offender would be
33:02
dismissed. That is correct your honor, and
33:05
the pack code should be the same, just with the a.
33:07
With the a so that's 750.81. D1A.
33:13
Yes. And that is punishable by one
33:20
year end or $1000. That is correct, John.
33:29
So Count 2, RNO and the Habitual will be dismissed upon a
33:36
successful plea and sentence. All right.
33:49
So is that is that your understanding of the offer?
33:51
It's a plea to the amended Count 1 of attempted.
33:54
R&O. Count 2 in the habitual to be
33:56
dismissed at this time, Mr. Kaplan.
33:59
Oh yeah. Mr. Blackwell, is that your
34:02
understanding? OK, Thank you.
34:04
All right. Mr. Kaplan may inquire of your
34:07
client of his misdemeanor advice price.
34:10
Yes, you are all right. I'm sorry.
34:11
I. No, no worries.
34:13
No worries on that. All right, it.
34:18
So you have the. Following trial rights in this
34:20
misdemeanor plea and I'm going to walk you through those trial
34:22
rights, all right. You have the right to be tried
34:24
by a jury to be presumed innocent till proven guilty to
34:26
have the prosecutor proved beyond reasonable doubt that you
34:28
are guilty to have witnesses against you appear trial.
34:31
The questioning witnesses are that are brought against you.
34:34
You are represented today by attorney Jeffrey Kaplan who
34:37
would be present to cross examine any witnesses or contest
34:40
any charges brought against you by the people of the state of
34:43
Michigan. Do you understand that, Sir?
34:45
You have the right to have the court or any witnesses appear in
34:47
your defense remain during the trial, not to have that silence
34:50
used against you in the testified trial.
34:51
If you choose to testify, if you're pleased, accepted, you'll
34:54
give up the claim to plea results of any promises other
34:57
than what we've stated on the record, but threats that it was
34:59
not your choice to plead guilty. You'd be also giving up the
35:02
right to appeal anything from trial.
35:04
Since you won't be having a trial, you'll be pleading guilty
35:06
to the misdemeanor instead. Is it still your wish today to
35:10
waive your jury trial rights and plead guilty to the misdemeanor
35:12
instead? OK.
35:14
I mean, if you raise your right hand as best you can, you
35:16
solemnly swear, affirm to tell the truth, the whole truth and
35:18
nothing but the truth under penalty of perjury.
35:20
Yes, Sir. All right, I'm going to bring
35:22
your attention back to May 8th of 2025 at the offense location
35:28
of 5812 Richwood Ave. in the City of Lansing, 48911.
35:35
Were you present at on May 8th, 2025 in the City of Lansing at
35:40
5812 Richwood Ave. Yes.
35:43
Sir, All right. And in your own words, the the
35:46
it's an attempt to assault, batter, wound, resistance,
35:49
obstruct or oppose. The officer would be Rebecca
35:54
Hair or Elena Burdick. Why don't you tell?
35:55
Me in your own words, what happened They were they were
35:59
attempting to arrest my girlfriend and they they the
36:05
neighbor had basically was harassing her my girlfriend and
36:10
at the time and they made of a vague.
36:14
Allegation. Against.
36:16
It so that's. You know that kind.
36:17
So so. At some point in time, did you
36:18
attempt to to to get in to intervene with the with Elena
36:25
Elena Burke at the officer, the LPD Officer Rebecca here in in
36:29
their attempt to to arrest your girlfriend.
36:33
Okay. If I may, your Honor.
36:35
You may, Mr. Kaplan. Were the officers in full
36:37
uniform? And they were driving patrol
36:39
cars, and those were marked patrol cars with lights, okay?
36:43
You knew they were police officers performing their law,
36:47
Okay. And at some point they gave you
36:49
an order not to approach them. Yes.
36:53
And you attempted to resist that order, yes.
36:56
And they at some point ordered you to put your hands behind
36:59
your back so they can arrest you for, you know, if you're OK.
37:03
And you attempted to resist that as.
37:04
Well. Yes.
37:06
All right, anything towards a factual basis.
37:09
Miss Fortuna Guilt. No, Your honor, the people are.
37:12
Satisfied. All right.
37:13
And Mr. Kaplan, based on your questionings, are you satisfied?
37:16
I am. Your Honor.
37:17
I find the factual basis to me being knowing voluntarily and
37:21
accurately made to the amended count 1 and we'll refer to
37:28
probation because this this start out as a two year, 2, two
37:37
years and an habitual. So there's some history here and
37:41
we'll refer to probation and get a sentencing date of.
37:45
So if you are still incarcerated on this file, probation will be
37:49
down to CU. If if not, you should go see
37:52
probation. They'll do a pre sentence.
37:54
For us, so. Here's the issue, Your Honor, My
37:56
client is currently under a sentence in the Comb County.
37:58
He's being held in Branch County.
38:00
So we'll have to read him out. Right.
38:02
Well, I was thinking, I don't know if you would be willing to
38:04
do an immediate sentencing or if they could do an immediate
38:07
sentencing. I don't know if this is
38:08
considered a victim crime. I don't.
38:11
It is usually. I don't treat, I don't usually
38:14
treat on a, an R&O, but Miss Fortuna Gill, I'll, I'll wait to
38:18
hear from you. I don't know what the previous
38:19
CCH is. So because I see there's a, a
38:23
prior attempt R&O, which I would think would be a misdemeanor.
38:29
So I'm uncertain. I see a misdemeanor from 20 15-A
38:40
of the prior attempt, which is a misdemeanor from 2024.
38:46
I'm just trying to make it easier on everyone.
38:48
I know probation is going to have a.
38:49
Problem, Absolutely so. So the 2024 is a prior
38:53
misdemeanor? It's not a prior felony.
38:55
That's correct. I I do not see a prior felony on
39:00
my end. I understand that for it to be
39:02
charged half seconds there must be 1 somewhere or there was a
39:07
mistake. By well, there was a mistake.
39:09
I guess that's my my concern is but to I don't know, but where's
39:16
he rid out of? Branch County, but he the
39:19
sentence is from Macomb County. I don't know if they're taking
39:21
him back there at some point. So if they put him on.
39:23
Probate, if he if he was seen by probation, it would be by our
39:27
probation in it's in Branch County.
39:31
Where how much time do you have left in Branch County?
39:34
I get out on the July 3rd, so it's about four or five months.
39:38
Yeah, 4. Five lunch here.
39:43
This Fortuna go. I'll, I'll, I'll wait to hear
39:46
from you. Yes, Your Honor, upon further
39:49
upon looking at the complaint, it appears that whoever charged
39:53
this charged the have second using that attempt RNL from
40:00
2024. All right.
40:02
So that would be what was what we were missing there, which I'm
40:10
not even sure that we can do that because it was amended to a
40:13
misdemeanor. Yeah, the misdemeanor plea would
40:18
disregard the habitual offender, but it shouldn't have been
40:20
charged as a second. Offense, right?
40:22
That's what I'm saying. I don't even believe it should
40:23
have been charged as an eventual second offender.
40:26
Just be like that it would be the two year.
40:29
I don't have a problem with immediate, immediate sentencing
40:31
since it would be I would I I most likely going to assents you
40:36
to the remaining amount of time that you've already sought, but
40:41
be 90 days, 90 to 100 days. Understood.
40:45
Your Honor, The people have no objection to that either.
40:48
Upon further looking at the CCH, yeah, my officers were present
40:52
today. I did get a chance to talk with
40:54
them. I don't think it should be an
40:55
issue. All right, let's go to immediate
40:57
sentencing. Thank you.
41:00
And that would so Mr. So Miss Blackwell, Blackwell, we'll go
41:07
to immediate sentencing somewhat based on your incarceration
41:10
that's already occurred. Any allocution on the immediate
41:15
sentencing Mr. Kaplan? I would just note, Your Honor, I
41:17
think he was on APR bond here, which is why he was released.
41:20
He's not been getting credit for the time served all this time,
41:24
yet he has been incarcerated. I think most of the time that
41:28
he's not that this case is dragged on.
41:32
He's originally was in Macomb County and I think you were in
41:36
another county as well or not. You're in Macomb County the
41:39
whole time I've. I've been in Macomb and then,
41:43
yeah, I was in, I got out of Macomb County and then I was
41:49
still in the patient for a. While.
41:51
And I had to go to rehab for a. While.
41:54
In any event, Your Honor, so he he has been under supervision
41:59
since he was last here. This has been reduced to an
42:04
attempt. As we already mentioned, he's
42:06
incarcerated until July 3rd. I don't even make sense to put
42:09
him on probation. We would just ask for the 90
42:13
days concurrent with his Macomb sentence.
42:19
All right. Thank you, Miss Fortuna Gill.
42:23
The people have no objection to that your.
42:24
Honor, Mr. Blackwell, is there anything you'd like to say?
42:26
The court before the court passed the sentence today?
42:29
Yeah, I'd just like to say thank you for allowing me to be
42:32
sentenced today and jumping it down to a message here.
42:34
Appreciate this. Well, Mr. Blackwell, I know you
42:38
don't feel like a young man, but you're kind of a young man, OK?
42:43
Take it from an old man, OK? You're developing quite a
42:47
history of getting involved with law enforcement that's not
42:53
deemed favorable. OK.
42:55
And and any stop is going to have law enforcement looking at
42:59
a criminal history of some kind and seeing that there's an R&O
43:02
or attempt R&O on your record. So act accordingly.
43:06
All right. I mean that's I've realized that
43:09
was nice chat a. Couple of times.
43:11
Yeah, it's just, it's just, it's just the reality of it is now
43:15
you've got it on your record and you're developing a record and
43:20
you and I both know you probably don't want to do that.
43:22
All right, that's probably, that's probably something I
43:25
understand there might be some substance abuse or something
43:28
else going on. I get, I get that.
43:31
So the, the main thing is for you to to follow the directions
43:38
of a substance abuse counselor. All right, Any, any directions
43:43
that are laid out because you're kind of at a crossroads here.
43:48
You can get developed more of a record or you can you can try to
43:52
figure out and only you can do it because we haven't figured it
43:56
out yet, OK. I mean, I mean, if we had,
43:58
there'd be less people. In front of me.
44:00
OK. So I'm going to, so we're going
44:05
to, we're going to have to starting the date of sentence to
44:07
run concurrent with the current sentence.
44:10
We're going to, we're going to do 100 days in jail.
44:15
So you'll probably finish this sentence and you still so
44:17
because we'll do March, April, May and you said you're in till
44:21
July. So you'll finish this sentence
44:23
before. I'm going to waive any fines and
44:28
costs and I'll waive the state fee and crime victims rights
44:33
fee. So when you get done with your
44:38
sentence in the other county, you'll be all done all right.
44:42
And then you can go from there. All right.
44:44
That that that's the plan anyway is to get you out to get you out
44:48
the attempt RNO. This attempt in RO is going to
44:50
be on your record. It's going to be sitting next to
44:52
the other attempt RNO. So you you know, you know what
44:56
you're facing when the next time because you you're going to have
45:00
two, one years on your record. OK, all right, at least I'm not
45:05
sure what else is on your record, but at least you're
45:06
going to have two one years anything else for the record in
45:12
So no probation. I'll write that down and we'll
45:18
waive fines and costs and state and crime victims rights fee.
45:26
And then and when you're done finishing your sentence in
45:32
Branch County, you're Montcalm County sentence in Branch
45:35
County. You should be all set.
45:36
OK. Thank you.
45:38
You're welcome. Anything else?
45:39
For the record in 2501378 Miss Fortuna Gill.
45:43
No, Your Honor. Thank you.
45:44
Mr. Kaplan for. The defense, Your Honor.
45:46
You're all set, Mr. Blackwell. Thanks for your appearance.
45:48
Thank. You.
45:50
Good morning once again, everybody.
45:51
Happy Friday. Good to have you all here with
45:53
me today. I'm guessing there's one or two
45:56
new faces out there. Feel free to say hi in the chat
45:58
if you're new to us here at TCF. We have an incredibly friendly
46:02
and welcoming community, so take advantage.
46:05
And Speaking of welcoming and friendly and everything,
46:08
Barbara, thank you for the $5 super chat.
46:10
Continue. Prayers for Wahoo and his
46:11
family. I agree.
46:13
Hopefully we'll see him back at some point next week.
46:18
Let's stay in Michigan, but let's go over to Pontiac Judge
46:20
Jeremy Bowie, see what's going on.
46:28
People space 251504 and a lot of people sitting in Michigan
46:32
versus Vincent. Vincent.
46:34
She's charged with count one, SAW with being sentenced to Blue
46:37
Brain, violent crimes less than murder by strangulation and
46:40
count 2 weapons, firearms, reckless use, appearance of
46:43
Lucky. Good morning.
46:44
You're. Honest to Fred bearing up Yahoo
46:46
people. Good morning, Your honor.
46:48
John Taylor. On behalf of Miss.
46:50
Bethel, Miss Bethel could. You please save your.
46:51
Hand for the work. OK, so we're here scheduled for
46:55
an exam. I do have a lesser rights from
46:57
how are you proceeding Fiona? The people are not able to
47:02
proceed on count one. Among other things the the is
47:06
not cooperative at the time and I'm not sure today.
47:10
I think both of us have left they without a cooperative
47:15
victim on count 1. It's really not viable to move
47:18
forward on that count. It has some potential defensive
47:22
even with a cooperative system. So I did learn that that was the
47:27
direction in this case we're going to have.
47:29
I contacted defense counsel and indicated I expected that that
47:34
charge would end up being being dismissed as a failure testimony
47:38
exam with our fellows and discuss the possibility of them
47:43
back in pleading to Count 2 and completely case that way.
47:47
So at this time, I do expect the court to miss Count 1 if that's
47:52
not happened to pass motion. And I wouldn't.
47:55
Move to this. Method the sound.
47:57
Then. We should be taking it over.
47:59
Half that we can't even dismissed.
48:03
So hear of the witness and the sufficient evidence to move
48:06
forward and then us the capturing.
48:08
The next thing is please, sorry, don't.
48:10
Count just your. I have had a scheme that I don't
48:12
remember before this cops. I have two cops to ovation with
48:16
annual time. There's Benson police raised
48:20
right here. Do you swear to affirm something
48:22
to the fans and fans like perjury testimony given this
48:24
part will be the truth, the whole truth and that but true.
48:28
You may push your right hand down.
48:29
So on count 2, you have the right to a trial by jury.
48:31
I'm in charge, you understand. All right.
48:34
The jury be composed of seven people that live here in the
48:36
city of Pontiac. Those jurors randomly selected
48:38
by your attorney and the prosecutor, you understand.
48:41
Yes, All right. And at the trial, but it's the
48:44
prosecution's bird of proving you guilty of reckless discharge
48:47
of a gun, you understand? Yes, All right.
48:49
And at trial, you do have a Fifth Amendment rights.
48:51
Now you're silent. You don't have to testify.
48:53
You don't have to do the defense.
48:54
Your silence at trial cannot be used as guilty against you, do
48:57
you understand? Yes, all right, but you may
48:59
waive your right. You can testify at your trial
49:01
presented defense, you're not required at all.
49:02
Open Force. You, you understand.
49:05
And at the end of that trial, we'll dismiss a juror 6.
49:07
We're going to deliberate and they must return a unanimous
49:10
verdict of guilty or not guilty, you understand.
49:12
They failed to do so. The court will declare A
49:14
mistrial. Prosecution can try the case
49:16
again or they may choose not to, you understand.
49:18
All right. And that's right.
49:19
We do have a right to see here and question all witnesses that
49:22
help or against you, you understand?
49:23
Yes, if you have witnesses you wish to testify at court at your
49:27
trial, the court will sign subpoenas to order their
49:29
appearance. You understand all right, your
49:31
5th Amendment rights remain silent that trial understand
49:34
that right. Any questions about it As you're
49:36
standing here now, you're still presumed innocent until proven
49:39
guilty beyond the reason without this count, you understand.
49:41
All right, so you wouldn't plead no contests.
49:43
Is it lack of memory civil liability civil life All right
49:49
and you understand that no contest plea has the same effect
49:51
as a guilty or is anyone or anything Is anyone threatened or
49:55
is anyone forcing the right to go try currently on probation or
49:59
pro your citizen United States of America your interest no
50:03
contest knowingly intelligent and voluntarily.
50:05
Do you understand the consequence of what you're doing
50:07
Yes. So whoever wants to establish
50:09
this, you are well, I mean either admit a portion of the
50:15
report you or I can just read the court a brief tactical
50:17
basis. There's about 3 lines that I
50:20
think you can read a brief and just letting you know the the
50:24
law enforcement agency and all that yeah.
50:28
Oakland County Sheriff's Office reports 250271320 from November
50:33
22nd 25. There's I guess the most
50:38
relevant part is there's a. 3 lines.
50:42
Commission admitted that she heard when she heard her window
50:45
be broken, she came outside and shot two to three times at a
50:47
person in the parking lot and she said she did not know who
50:50
she was shooting at, was shooting in self-defense and she
50:52
needed to protect her home. Commission admitted multiple
50:55
time that she came outside from the apartment and just began
50:57
shooting. Commission said the wire was
51:01
registered to her. I think that should form a
51:03
sufficient actual basis for the court.
51:06
Yes, Your honor, I think that statement comes in because the
51:09
officers responded to gut shots. OK caught up in the machines.
51:15
All right, so the court is satisfied the police report
51:18
showed us the factual basically plea and then please enter into
51:21
miss by Miss Benton in the contest plea knowingly and tells
51:24
me voluntarily she understood the consequences of doing so has
51:28
not disclosed anyone on this record threatening her crime.
51:30
Should I question her why they're like to go to trial.
51:32
So we'll enter no contest police charge.
51:35
I mean to count 2. Obviously this count was gone
51:39
and we can immediate sentence today.
51:41
You know, I got either asked for funds and cost in this matter or
51:45
terminal probation. You know my client.
51:47
Is going to start work at the hospital here shortly.
51:51
She's working currently. She has three children 1495.
51:57
You know, I think. She has a minimal criminal
51:59
history. It can very much be retail
52:01
fraud. Mr. Frey, Your Honor, I don't
52:09
have a strong opinion on how the course of sentence has been.
52:11
I do think a probation here period might be appropriative
52:14
for it. The ability to to order them
52:18
invented to some sort of pass over to some sort of I think I'm
52:24
doing a good question to have a provision that she can't set the
52:26
firearm during a period of probation.
52:29
I'm not sure how long the conviction might impact her
52:32
ability to, but I think a class, you know, it's how to properly
52:42
respond to those types of situations.
52:45
Obviously she was when this situation occurred, she was
52:49
under some degree of stress or duress about how to respond.
52:52
But obviously shooting into a parking lot if not the right way
52:57
to handle a situation like that. But I would think those
53:00
programming that might be helpful.
53:02
I don't know if importance is nothing bad available.
53:04
I haven't just like this all. We have to move forward, your
53:09
Honor, And to that end, of course, thinking that I've been
53:14
involved in Cpl. classes. That do teach.
53:17
Firearms safety, but there is a portion where you possess the
53:20
firearm. She could attend the class about
53:23
doing a firearms portion I guess or want to truly teach firearms.
53:28
I think that we need to handle one but that's she have ACPR for
53:34
this weapon. Or no.
53:36
Hi here. Wonder can you check the CPI?
53:45
Don't think we can, but the reckless.
53:47
Absolutely, the Cpl. passed once before and I received the
53:51
license but I wasn't able to register it through state
53:54
because I had a misdemeanor within the five years by early.
54:06
I want to come down on this. Maybe I sent this to probation
54:12
to see. Well, I think there is a yeah,
54:18
you know, order probation, take a fire safety class, you know,
54:23
gun safety class. Figure out how you can get your
54:27
Cpl. in the meantime. We'll do the terms of 60 days
54:34
take a class within that time months other than to seek out
54:46
the class where she has to. I don't I'm not aware I think
54:49
she needs to be involved in teaching the classes, but all
54:51
the time there's nothing all the time Your honor, frankly, I'm
54:57
not disappear on whether or not the type of programming on magic
55:01
is available. So my what may be appropriate,
55:08
but that immediately was saying, you know, well, I know you could
55:16
take the class and there's an option if you want to shoot
55:18
afterwards. You're not.
55:20
Yes, you can like accept one, but she wouldn't get a
55:22
certificate. That's my only.
55:23
Problem How to prove because you're not getting the Cpl.
55:26
certificate because you didn't take the.
55:28
Fire out its portion. Exactly, so I just ordered to
55:31
find the cost, but I would strongly suggest you figure out
55:37
when you could be eligible to get Cpl. and do that.
55:41
OK. It'll benefit you in a long
55:45
time. It'll save you from a felony
55:46
charge. You know, you might want to look
55:48
into that. I don't know how this would
55:52
affect that work. Police, it's going to put a
55:56
moratorium on it. I hope it's not the eight years.
55:59
I don't know off the top of my head.
56:00
Right. It might be at least three
56:01
dollars. All right, so one census to find
56:06
the cost, $75 time bigger than 50 for the state, 150 for the
56:10
court cost and we'll do a fine of $250.
56:13
So that's $525 total and give you 90 days to have that in, so
56:17
March 18. OK.
56:20
All right, so you all set. Thank you.
56:25
Thank you. OK, friends, let's head down to
56:29
let's go to Lake County, Ohio. Judge O'Donnell.
56:33
If we are here today for the. Purposes of sentencing where
56:36
there will be a joint recommendation between the
56:38
parties for Community control sanctions.
56:41
Shepard. Thank you, Your Honor.
56:43
Your Honor, I've gotten to know Mr. Sanders over the course of
56:46
this case, and he has always been polite and kind and
56:50
pleasant to work with. He this was this was a really
56:54
bad day for him. He had been at a family
56:58
gathering where his sister had recently began a relationship
57:03
with an individual who Mr. Sanders didn't feel was up to
57:08
her standards and was just not a good person with his own
57:13
criminal issues and things of that nature, a violent person.
57:17
Ultimately, Mr. Sanders got into a dispute at that party.
57:23
He was essentially chased out of that party by by the sister's
57:27
boyfriend and these other guys drove home, fired his got into
57:33
the air to scare them off. They did in fact, or to warn
57:37
them off. I'm not sure they were actually
57:39
scared, but they certainly they left.
57:43
Mr. Sanders went inside the house or inside the apartment
57:47
after that and, you know, tried to just calm down, but he then
57:56
his girlfriend and him were arguing and things got out of
58:00
hand and he was like, I'm out of here, I'm leaving.
58:05
She tried to stop him. He shoved her out of the way and
58:08
he did leave. He had his gun with him.
58:11
However, the the tampering comes from leaving the gun behind.
58:16
He did separate the gun so as to not have somebody find it and
58:23
and them to injure themselves or someone else.
58:26
He, he was polite with the police at the time, although he
58:31
didn't give, you know, a lengthy statement, but he he was polite
58:35
and cooperative with them. Well, not really, I mean.
58:39
Well. When they asked him where he
58:40
what happened to the gun, didn't he say I don't know what you're
58:44
talking? About yes, he.
58:45
Did. That's not, that's not, that's
58:47
not cooperative. He did.
58:49
He did, did not. He was scared to admit that he
58:52
had the that he had the firearm. Well they already knew he had
58:56
the firearm, that's why they asked him a question and they
59:00
were told he had the firearm by. I think they they just had
59:05
gotten the report of the of the gunshot.
59:09
Regardless, Mr. Sanders, when he got out of jail, he did
59:15
immediately contact me and was like, I want to, I, I, I'm
59:20
worried that that gun is out there and I want to get, and I
59:25
want to get it to the police. So I contacted the prosecutor's
59:29
office to find out whether the police had already had the gun
59:34
or not and if and if that was something that we could
59:36
facilitate. The prosecutor's office at, at
59:40
that time didn't see anything indicating that they had the
59:43
gun. So I sent Mr. Sanders to the
59:47
Police Department. He went to the Police
59:48
Department, gave them a statement that he had, you know,
59:51
of, of what had happened. And then he had taking the gun
59:54
apart and where the pieces were. And they were like, OK, it's OK.
59:56
We already found it. So Mr. Sanders did ultimately
1:00:01
try to do the right thing. He was worried.
1:00:03
He was concerned about it. He did call me as soon as he got
1:00:06
out of jail and said, hey, I want I want to deal with this
1:00:08
even though it's going to, you know, further incriminate me.
1:00:11
Whether they had or hadn't found the gun, it was going to be an
1:00:14
incriminating statement. And he was willing to go and
1:00:17
make that statement to the police regardless.
1:00:20
Mr. Sanders is close with his mom.
1:00:22
I did speak with his mom at the beginning of this case when he
1:00:25
was in jail. His mom was similarly very nice
1:00:29
and, you know, just indicated that this was very out of
1:00:32
character for Mr. Sanders and that the relationship with the
1:00:36
mother of his child had sort of gone downhill and contributed to
1:00:40
how this happened. Mr. Sanders has indicated to me
1:00:47
that he knew he should have ended this relationship sooner
1:00:49
because things, you know, had happened.
1:00:52
And she had often times threatened to call the police
1:00:55
over things and it had just sort of been escalating.
1:01:00
Mr. Sanders has he had been with her for a very long time,
1:01:03
though. So that was a difficult choice
1:01:04
to make. And they have a child together
1:01:07
who is 8 and his son. He still spends a ton of time
1:01:12
with his son, as much as he can under the circumstances, and is
1:01:16
can will continue to be involved in his son's life Despite that
1:01:21
relationship ending. Of course that relationship did
1:01:23
end after this incident, but he has honestly not even spoken
1:01:29
negatively of her really towards me, which I think also is
1:01:32
indicative of Mr. Sanders's character.
1:01:35
I I have every expectation that he will continue to Co parent in
1:01:40
a healthy and productive way for his son and that Mister Sanders
1:01:45
will continue to be, you know, productive and a contributing
1:01:48
member of society. He did get 2 new jobs after he
1:01:52
was terminated from the job that he had because he went to jail.
1:01:57
I even asked him, oh that was a really good job why didn't you
1:01:59
just try to go get it back? And he said, I mean, really
1:02:02
basically what I took away from it was that he was just too
1:02:05
ashamed to to have to show up at a job that he that he had
1:02:09
respect for him, where they respected him and for him just,
1:02:12
you know, have to admit that he had been in jail and because
1:02:15
it's just not like him. So I would just ask that you
1:02:18
take all of that into account. I know that he deeply, deeply
1:02:22
regrets the course of events that occurred that day and the
1:02:26
way he handled things and that certainly if he could, you know,
1:02:30
go back and do things differently, he would.
1:02:32
I certainly think he's learned from it.
1:02:34
And, and again, I just know that he he does have genuine remorse
1:02:38
in this matter. Thank you.
1:02:39
What do you want to tell me? I just regret that night
1:02:43
happening. I just want to move forward with
1:02:46
my life after this. OK, so why in the world did you
1:02:54
they act like you were in the wild Wild West and shoot your
1:03:00
gun twice in the air? I was just trying to run off
1:03:04
people that was trying to get at me, OK?
1:03:07
Where were you when you fired those shots?
1:03:10
In front of my apartment. Which is where?
1:03:14
Eastlake. Which, what?
1:03:15
What apartment? Is it Lake Torrance towers like
1:03:20
right by Walmart? OK.
1:03:23
And and where were you exactly when you shot?
1:03:27
Off the gun in a door. In the doorway of the apartment
1:03:35
complex. Yeah, in the front.
1:03:37
Where did those rounds land? What do you mean?
1:03:44
I'm not sure what. What do you?
1:03:47
I'm not sure what you mean. Well, you shot the gun where?
1:03:50
Wow. Show me how you shot the gun.
1:03:52
Just up. OK, And where did they?
1:03:54
So they went somewhere. Where did they land?
1:03:58
I'm guessing the shells they dropped by my foot.
1:04:02
Well, the shells did, but where did the rounds land?
1:04:06
I'm not sure, Sir. You're not sure that's.
1:04:07
That's the point of the question.
1:04:09
You're not sure. OK, so who is chasing you?
1:04:17
My sister's boyfriend. Who is that?
1:04:23
His name? Charles.
1:04:24
Charles who? I don't know his last name.
1:04:27
OK, where did he chased you from?
1:04:32
From Euclid Beach the the actual beach.
1:04:35
The the apartments. No, the beach.
1:04:39
The beach where which? Beach.
1:04:40
Euclid Beach, where the where the amusement park used to be
1:04:44
and where the apartments are. Yeah.
1:04:46
OK. What were you doing at the
1:04:49
beach? It was my sister's birthday
1:04:52
party. And what happened at the
1:04:55
birthday party such that whatever the guy's name was was
1:04:59
chasing you? I mean, we've been had run
1:05:03
insurance, but we usually try to stay away from each other.
1:05:06
But he came. Then why did you go to the same
1:05:08
party? He.
1:05:08
Was no, I was trying to finish. He came at the end of the party
1:05:13
and that's when it kind of escalated from there.
1:05:15
OK, how much were you drinking that night?
1:05:20
I think I have my fair share, huh?
1:05:22
I have my fair share. Define that for me.
1:05:29
I'll say three or four shots, I guess, OK.
1:05:37
So, so you got on a dispute with this guy at the beach, Yes.
1:05:42
And then what happened? Then he kind of got into a
1:05:48
scuffle. His friends kind of jumped in.
1:05:51
So I tried to leave and they followed me home and.
1:05:55
Where did you go? How did you get home?
1:05:58
I got in my car and I left. You drove down Lakeshore?
1:06:02
Yes, to where? To my apartments.
1:06:07
OK, I know you drove the apartment.
1:06:09
How'd you get there? What's the route you took?
1:06:11
I'm. Still out there, actually.
1:06:16
Huh. I think I got on the freeway.
1:06:19
You don't remember? So.
1:06:22
What'd you do, Go up, what, 185th to the freeway or what?
1:06:26
Yeah. And these guys were following
1:06:29
you the whole way, and you turn into the to the parking lot of
1:06:34
the apartment complex and what'd you see?
1:06:39
I've still seen them, so did. They come into the apartment
1:06:42
complex. No, but I've seen them go into
1:06:45
it's it's a fence and then it's another apartment.
1:06:48
They went in that one. So I just went in mine.
1:06:51
And what? And when you got in there, you
1:06:53
went in the in your apartment and got your gun?
1:06:56
Yes, Sir. And you went back out?
1:06:58
Yes, Sir. Where were they?
1:07:00
They were still like in the other parking lot.
1:07:02
Doing what? Just sitting in the car.
1:07:07
And then you shot the gun off twice?
1:07:09
Yes. What did they do after you did
1:07:11
that? That's when they left.
1:07:14
OK, how do you know they left? Did you stand there and watch
1:07:17
them? Yes.
1:07:19
Where'd they go? I'm not sure after that I didn't
1:07:22
see them the rest of the. Night.
1:07:23
Where'd you go then? I just left because I was
1:07:26
already arguing with her at the beginning of the day so I didn't
1:07:30
want to stay there either. You left where by apartments and
1:07:33
where did you go? I went to my old house on back
1:07:37
on Lakeshore. So you got in your car and drove
1:07:40
off? Yes.
1:07:41
And when did you hide the gun? When I came back, that's when me
1:07:46
and her actually, that's when the altercation with her
1:07:49
happened. When did you come back the same
1:07:52
day? Yeah, a few hours later and.
1:07:55
What happened? She was asking me what happened
1:07:59
and I just told her I didn't want to talk about it and we
1:08:04
kind of had some bad words. With each other.
1:08:07
Because I was kind of blaming her that I even went to the
1:08:10
party. Why was it her fault?
1:08:11
He went. He went to the party.
1:08:13
I wanted to stay home that day, but it was.
1:08:16
Was she 40 to go? No, but she was at the house I
1:08:21
wanted to get away from her from at the beginning of the day.
1:08:25
So it's her fault you went to the party?
1:08:28
Oh, no, I'm not saying that. I mean, I was blaming her then,
1:08:32
I was blaming her then. But.
1:08:35
That's kind of silly, isn't it? Yeah, it is, especially after
1:08:39
everything that happens. OK, so you get in this argument
1:08:41
with her, you leave again. Where'd you go?
1:08:46
We. Went back to the apartment you
1:08:50
blamed her for having you go to the party, you get in an
1:08:53
argument with her, you leave again, right?
1:08:55
Yeah, that's that's when police and everything came.
1:09:00
OK, where'd you go? In the woods next to the
1:09:03
apartment. Why did you go there?
1:09:06
Because I was scared. Running from the police, yeah.
1:09:09
And what'd you do with the gun? I left it in the woods.
1:09:14
Where? Next to the apartment where I
1:09:17
was out in the bushes. What'd you do with the magazine?
1:09:21
I put it behind my apartment doing it.
1:09:24
OK, so when did the police talk to you about where the gun was?
1:09:31
The. Next.
1:09:33
Day, I believe. OK, what'd you tell him?
1:09:36
I didn't know. He didn't know nothing about no
1:09:39
gun, right? Yes.
1:09:41
Why did you tell him that? Because I was scared to give it
1:09:46
to him. OK.
1:09:50
Were you were you drunk when you shot this thing off?
1:09:54
Yes. It doesn't doesn't seem like you
1:10:10
appreciate the gravity of what you did firing off that gun in
1:10:17
that neighborhood. Sounds like you think it was no
1:10:23
big deal. I'm not saying that you're not
1:10:27
saying. That what you have a you don't
1:10:33
have a juvenile record, right? No, I have a question though,
1:10:36
Sir. Go ahead.
1:10:38
When you say that neighborhood, what do you like?
1:10:40
The neighborhood you were in, in an apartment complex with a
1:10:43
Walmart across the street and an apartment complex next door.
1:10:48
That's what I mean. There's people that live around
1:10:51
there, there's houses that live around there that that exist
1:10:54
there. That's every neighborhood.
1:10:55
That's right. Which is exactly why you
1:10:58
shouldn't shoot off your God damn gun in the middle of a
1:11:01
neighborhood. You never thought about where it
1:11:05
was going to come down, right? Not at the moment.
1:11:10
No, no or not when you were sitting here when I asked you
1:11:12
about it 10 minutes ago. You didn't think?
1:11:15
About it. What's with this?
1:11:47
All right, that is the judges feed, not us.
1:11:50
I'm going to. We're a little bit in the way
1:11:51
back machine. I'm going to bump it forward
1:11:53
slightly and see if we get past the glitchy part.
1:12:21
Well, farts, my friend, My friends.
1:12:25
Yeah, Lindsay, just when this was getting good.
1:12:29
Yeah, sorry. That's that's his feed.
1:12:31
That's not on our end. I've got my my fair share of
1:12:35
technical issues this morning, but that was not on me.
1:12:37
So sorry. But once again, somebody
1:12:41
shooting a gun in the air. I don't get it.
1:12:45
Tim, thank you for gifting 5 memberships.
1:12:46
Lindsay, thank you for gifting 10I appreciate that.
1:12:49
New members welcome. You are now part of the best
1:12:53
community in law Tube. And I mean that the people here
1:12:56
are great. So enjoy, thank them for the
1:13:00
membership and take advantage of this great community.
1:13:04
Let's do this. Let's do something fun.
1:13:07
Let's do something a little light hearted.
1:13:09
After that, let's go to Tennessee, where Judge David
1:13:14
Wolf is overseeing an adoption. All right, Mr. Miss Thing.
1:13:24
You know, when people get married, there's that statement
1:13:29
about for better or for worse and all that kind of stuff, but
1:13:32
also applies to children. And when you adopt A child and
1:13:36
he's yours for better or for worse, and he's a teenager
1:13:38
already, He's a good looking young man, but you understand
1:13:42
that he is a teenager and things could only get more complex from
1:13:47
here on out, based on my experience.
1:13:49
But both understand that we're changing the nature of this
1:13:52
relationship between you and Jacob and, and no longer will
1:13:56
you just be step. I mean, the foster parents,
1:13:58
you're actually going to be his parents the same as if he was
1:14:01
born to you. He'll inherit from you and you
1:14:03
will inherit from him. God forbid something happened
1:14:06
before he turns 18 between the two of you, you would be subject
1:14:10
to the same rules regarding custody, visitation, support as
1:14:13
a couple who had a birth child. Everybody understand everything,
1:14:17
Jacob. You understand what we're doing,
1:14:19
and you understand that this means that they're not, you
1:14:22
know, you're going to have to talk to them about buying you a
1:14:24
car when you turn 16 or 17. If you don't come back to court
1:14:28
and ask me to do it, you're going to have to talk to them.
1:14:30
You understand that? All right, Well, I think you've
1:14:33
had him long enough to know what's going on.
1:14:35
And I'm happy to see that you have formed the bond that you
1:14:37
would like to make this a permanent union.
1:14:39
So we'll grant you a dollar. And I don't want to cast any
1:14:53
aspersions on how things are going to go from here on out.
1:14:56
You're 13. Is that right, Jacob?
1:14:59
You know what today is Friday the 13th.
1:15:06
If I was a suspicious or a superstitious person, I might be
1:15:09
worried about that. Miss Smith, I have signed the
1:15:18
order and granted your adoption. You may anybody wants to be in
1:15:23
the picture want to come up here, We can do it about that.
1:15:41
Going up let's. Just just come all around here.
1:15:54
Oh, we should have put her in the chair.
1:15:57
Well, there's. Two of them.
1:15:58
So. They might be fighting over
1:16:00
that. Thank you, Sir.
1:16:15
Thank. You friends, not everything that
1:16:21
happens in the courtroom is a bad thing, just saying.
1:16:27
However, a lot of things that happen in courtrooms are bad
1:16:30
things. Let's go to Wade Mercer, find
1:16:32
out what went down in Florida property which is a second
1:16:34
degree felony. Mr. Ferlin, I've read the
1:16:37
complaint. There is probable cause for the
1:16:38
charge. I've also looked at your
1:16:40
criminal history, which is extremely lengthy.
1:16:43
It appears that you've been, according to the floor
1:16:45
Department of Corrections website, you've been in prison 7
1:16:47
times, all of which involve burglary or theft charges.
1:16:50
So that's, that's the criminal history I've got.
1:16:53
I'm going to listen to the attorneys before I set your
1:16:55
bond. Mr. Ferlin, Mr. McDaniel,
1:16:57
anything on behalf of Mr. Ferlin?
1:16:58
No, Your Honor, Mr. Mitchell, based on his criminal history,
1:17:05
which includes a lot of theft cases like you said we were
1:17:07
requests of. Normally.
1:17:10
Higher. Bond than what's normal.
1:17:13
Thank you both. Mr. Ferlin, I'm going to set
1:17:14
your bond at $25,000 because your criminal history is so bad
1:17:18
as well as the evidence. Considering the evidence against
1:17:21
you in this particular case, you have a condition, no contact
1:17:23
with alleged victim. Your bond is cash or surety, Mr.
1:17:26
Ferlin. That means you can go through a
1:17:27
bondsman if you wish. And Mr. Ferlin, you'll get use
1:17:30
the phone in a few minutes, Sir, to try to post the bond.
1:17:32
Do you have any questions? No, Sir.
1:17:34
Thank you, Sir. Yes, Sir.
1:17:35
Have a good day. Please give Mr. Further notice
1:17:38
to appear for the March 3rd of March at 8:30 for Felony Court
1:17:43
Police Corporal Donald Ratatsky. Good morning, Sir.
1:17:56
You're here because you've been accused of three charges.
1:17:58
You've been accused of 1 count of felon possession of firearm,
1:18:01
1 count of possession drug paraphernalia, and one count of
1:18:04
no valid driver's license. There is probable cause for the
1:18:08
1st and 3rd charge. I sent a text this morning to
1:18:10
the attorneys asking them to take a close look at the
1:18:13
possession of paraphernalia charge.
1:18:15
Mr. Mitchell, what's the state's position on that charge?
1:18:18
Your Honor, the officer involved is both of the Howell brothers,
1:18:23
Colton Keenan Howell. They're both part of the task
1:18:26
force. They have a long history of
1:18:28
dealing with these type of substances.
1:18:32
We would, we would just say that based on their history and
1:18:35
experience with dealing with this that they know
1:18:39
methamphetamine when they see it.
1:18:41
We can have that amended and included in the complaint or we
1:18:45
can actually have them tested at another time.
1:18:47
But I know court's going to decide on what they want to do.
1:18:52
We just request. We just request nonetheless that
1:18:58
is a condition of his bond. He have random UA's nonetheless,
1:19:02
Mr. McDaniel. I I don't know what you know Mr.
1:19:07
Mr. was referring to that he that their expertise can tell if
1:19:09
something's methamphetamine. So there's no way to tell it
1:19:12
about tested. So you know I just asked
1:19:14
accordingly said bonds and maybe just it's all maybe give them
1:19:17
the oral in the case that they did not do a test.
1:19:20
So thank you both. So Mr. Rotaski, in order for to
1:19:23
be paraphernalia, it has to be related to an illegal substance.
1:19:27
And there's no way the the reference, the complaint doesn't
1:19:30
mention anything about their experience and expertise, first
1:19:33
of all. Second of all, they don't
1:19:34
mention a test, a field test. So you cannot find
1:19:40
methamphetamine. It's methamphetamine without a
1:19:44
drug test, which is the most common way to do it, or going
1:19:47
through your training and experience and explaining that
1:19:49
in the complaint, which is almost never happens.
1:19:52
So they're just not probable cause for possession of drug
1:19:54
paraphernalia because you got to prove it's the drug before you
1:19:57
can prove it's paraphernalia. So I'm going to just release you
1:20:00
on that charge. It's just a misdemeanor charge.
1:20:02
That's not the biggest part of your bond anyway, But I'm going
1:20:04
to release you on that. When I asked Mr. Mitchell,
1:20:06
notify the arresting officer that you got to do it the right
1:20:09
way. And they do know that because
1:20:11
they are drug task force officers.
1:20:13
They they should know that. So they'll, I'm sure they'll fix
1:20:15
that. Mister Rychowski, your bond is
1:20:18
that felon possession of firearm charge.
1:20:20
It's going to be $15,000. Your bond and no valid driver's
1:20:24
license will be 2500. Your total bond today is 17,000
1:20:27
and $500.00 cash or surety, Sir. And you do have a condition.
1:20:31
You've got the standard conditions of every bond and
1:20:33
you've got a condition not to drive a motor vehicle without a
1:20:36
license and not possess A firearm.
1:20:38
I cannot put a drug condition or random your analysis on there
1:20:41
because I found no probable cause for the drug charge.
1:20:45
You'll get the chance to use the phone Sir, in just a few minutes
1:20:47
to post the bond. If you post the bond.
1:20:49
You'll be released. If you don't post the bond.
1:20:51
Then what will happen is that the public offenders also be in
1:20:56
contact with you at the jail. And lastly, the jail will give
1:21:00
you a notice for your court date and felony court which should be
1:21:03
marched the 3rd at 8:30. Do you have any questions, Sir?
1:21:07
Yes Sir. I didn't even know my license
1:21:08
were expired. See, I ain't never been pulled
1:21:11
over, ain't never had. I ain't never had a point
1:21:14
against my license. Let me see if it says the basis
1:21:19
for it. Corporal Campbell, while he's
1:21:34
looking at that, can you blurring Michael Farlin back in
1:21:38
there? May there's something else that
1:21:40
needs to be addressed? According to the complaint, your
1:21:47
license expired in 2021. So license expired means that,
1:21:52
well, it it doesn't, it's on your license.
1:21:55
On your license is an expiration date.
1:21:57
So if they put on your license the date your license expires,
1:22:00
it's your they don't send you a notice to that.
1:22:02
It's your responsibility to keep up when your license expired.
1:22:04
So you're accused of driving with expired driver's license,
1:22:06
which is the same charge in this case.
1:22:09
OK, well, I just didn't understand, you know, I ain't
1:22:12
never looked at my license. You know what I mean?
1:22:13
I I ain't never been pulled over.
1:22:15
They want to check it out. They want to take it when you
1:22:17
get out. Anybody want to check it out?
1:22:18
Because according to the complaint, it's expired.
1:22:20
OK. Yes, Sir.
1:22:21
I appreciate that. Yes, Sir.
1:22:23
Have a good day, Sir. Yes, Sir, Michael.
1:22:31
Yes, Sir. Mr. Farland, Mr. Mitchell would
1:22:33
say attorney's office had something he wanted to add in
1:22:35
your case. I'm being told.
1:22:39
Information that there is possibly an unlawful detainer
1:22:44
that's pending regarding with Mr. Furlan and that address the
1:22:50
victim's address. And I looked at the complaint.
1:22:52
There currently is an eviction proceeding that is going on.
1:22:57
It's actually mentioned second paragraph where it's saying a
1:23:01
current eviction process is being conducted with Michael
1:23:05
while Peggy resides with Beverly at the address that's listed.
1:23:10
And I think the only reason I wanted to bring him back up here
1:23:13
is I think that there's a shared property between the alleged
1:23:18
victim and Mr. Furlan. So in addition to the no
1:23:21
contact, I want to also request the court added condition no
1:23:24
contact with the address of 3046 Sandridge Church Road 30.
1:23:32
He's he's charged with dealing. You don't have too much from
1:23:35
McDaniel. You, you can't bypass an
1:23:38
eviction process by a criminal charge.
1:23:40
I'm not ordering you to stay away from that property.
1:23:42
I'm ordering you to stay away from that person, the alleged
1:23:44
victim. Now, if the alleged victim lives
1:23:47
there, you can't go there, OK, If you if it's if it's not where
1:23:51
she lives, I'm not going to. I can't let them use the
1:23:54
criminal charge to get around the lawful eviction process.
1:23:57
You've got to go through the eviction process.
1:23:58
They have to go through the eviction process.
1:24:00
But if that alleged victim lives at that property, you can't go
1:24:03
there even if there's a pending eviction.
1:24:06
Any questions about that, Mister Fertlin?
1:24:08
Yes, Sir. She don't live there.
1:24:10
I'm almost already moved out of the house, Sir.
1:24:12
I would have been out of there before we were supposed to go to
1:24:15
court to see you for the eviction on Monday.
1:24:18
But I'm. I'm already, I'm just about
1:24:20
packed up out of there, Sir. And I already told her daughter
1:24:24
Bebe, I'll be out here before Sunday.
1:24:26
She don't have to work. I'm just done.
1:24:28
It's it's an addiction. You're right.
1:24:30
Her daughter's the one doing it. Everybody Banks.
1:24:35
If that's the case, that's all. Where does she live?
1:24:38
Let's start with that. She lives off of short Lane,
1:24:41
just right down the street on on her mother's other property.
1:24:44
Miss Banks has got 2 properties. That's my girlfriend, Peggy
1:24:47
Banks. So that's the alleged victim.
1:24:51
Peggy Banks. Beverly Sue Banks.
1:24:54
The daughter's the alleged victim.
1:24:55
Yeah, she did. Her mom for five years until
1:24:58
they found out she had dementia. OK, so I have no authority to
1:25:04
summarily rule on a pending eviction.
1:25:06
I do have plenty of authority to tell you to have no contact with
1:25:10
the alleged victim, and that's all I can do.
1:25:12
And the alleged victim's home. You cannot go to the alleged
1:25:15
victim's home. But as.
1:25:16
Far as keeping away from some other property, they've got a
1:25:19
civil matter going on that's that's separate from this.
1:25:22
Any questions about that? No, Sir.
1:25:24
Address your concern. Yes, Sir.
1:25:26
I just wanted to address the concern.
1:25:27
No contact with the victim and victim.
1:25:29
If they no. Contact the victim of the
1:25:31
property where the victim lives at the victim's property.
1:25:34
You can't go on the victim's property now that's the victim
1:25:37
doesn't own the property where you live.
1:25:38
That's what I'm hearing you say. Is that right?
1:25:40
Yep. Yep.
1:25:41
She's on Short Lane right down the street from there, Sir.
1:25:44
Now listen to my question. Does the victim own the property
1:25:48
where you live or does the victim's mother own the property
1:25:51
where you live? The victim's mother, my
1:25:52
girlfriend, she owns the property that house I'm living
1:25:56
in. She's the one doing all this,
1:25:58
BB, because her mother's got dementia.
1:26:00
What are you, what kind of hearing you talk about on
1:26:02
Monday? I don't have an eviction hearing
1:26:04
Monday. Well, it was one day coming up.
1:26:06
It made me stop money. I'm not going to be there, Sir,
1:26:09
if I'm in here, but I'm pretty sure I might be able to bond
1:26:11
out. I'll take that call to sheriff.
1:26:13
Can a sheriff take me over there to get my remainder of my stuff?
1:26:16
Yes, they can. That's that's what I was going
1:26:19
to do, Sir. OK.
1:26:21
If you bond out, then do that. Not.
1:26:23
We'll see you next week. OK.
1:26:24
Yes, Sir. OK.
1:26:26
Have a good day. Thank you.
1:26:28
Mr. Mitchell. What was the total bond for Red
1:26:34
Rajeski I? Got 17 five. 17.
1:26:37
Five and they're all on the drug, yes.
1:26:40
Thank you. Blake Larkham.
1:26:41
Mr. Larkham. Good morning.
1:26:42
Mr. Larkham, You're here for the new charge of aggravated animal
1:26:45
cruelty. There is probable cause for that
1:26:46
charge. Mr. Larkham.
1:26:48
In addition to that, you're already on PTI in Case 26-21.
1:26:52
MMM. I'm appointing the public enters
1:26:54
office to represent you for first appearance purposes in
1:26:56
both case numbers. Listen to Mr. McDaniel, please.
1:27:00
We're just going to hear if we have no contest in 2621.
1:27:03
I understand he'll be sentenced 10 days in jail, three days jail
1:27:05
credit, 370 fine, withhold adjudication and that'll resolve
1:27:09
that case. Mr. Mitchell, what was that case
1:27:12
number for the PTI, 26-21 MMM OK.
1:27:16
And that is agreeable with the state.
1:27:17
Your Honor, the reason it was 10 days suggestion was it was.
1:27:21
Like. 15 or $16.00 worth of stuff and no prior history.
1:27:25
Miss 1675 and restitution. Mr. Larkin, did you hear that
1:27:29
agreement, Sir? Yes, Sir.
1:27:31
Is that the plea you would like to enter to resolve that petty
1:27:34
theft violation? PTI.
1:27:36
I'm going to accept the plea of no contest in that charge.
1:27:40
I'm going to withhold adjudication and guilt because
1:27:42
of your lack of history. Sentence you to 10 days in jail,
1:27:44
Give you credit for how many days?
1:27:46
Three days. Credit for the court costs and
1:27:48
fines that you've got unpaid, which I'm assuming it's the full
1:27:50
amount of 370, plus the civil judgment on the restitution,
1:27:54
which was the amount of $16.75. So that resolves that case.
1:27:59
You've got 7 days left in that case.
1:28:00
I think you're entitled to a bond in the new charge.
1:28:03
I'm planning on setting your bond, but I want to listen to
1:28:05
the attorneys and see if there's anything else I need to know
1:28:07
before I set that bond. Mr. McDaniel, anything in the
1:28:09
new case before I set the bond? Yeah, Don't we just, you know,
1:28:14
ask the court to set a, you know, reasonably low bond, maybe
1:28:17
for someone? His age is.
1:28:19
Acting stupid and I'd really not sit in jail and all of a sudden
1:28:23
the first time he goes up to the court appearances say I'll I'll
1:28:26
plead to a felony for you know not saying he he might not be
1:28:32
guilty of but I don't know but very impulsive young man that's
1:28:37
you know needs some direction and.
1:28:38
I don't know if. Probations come give me
1:28:40
direction if he was go in there and take probation.
1:28:42
I don't know what the answer to him is, but I just don't want to
1:28:45
sit in jail and just play out the first day he comes up there
1:28:48
because I know that's what state attorney's offices.
1:28:49
Do. Often just kind of building
1:28:52
probation. Mr. Mitchell Yeah, I'll hold my
1:28:57
comments on that. Not for the state, Mr. Welcome.
1:29:01
How old are you? 18, Sir.
1:29:04
And are you in school, do you have a job or neither?
1:29:08
I'm going, I'm in going to 10th grade and I don't got a job, I
1:29:12
don't got a license, I don't got no family.
1:29:15
My mom and dad. Bingo.
1:29:18
Your mom and dad are what? They've been going like long
1:29:21
time. I don't got nobody.
1:29:23
Who do you live with My. Grandma, my memo.
1:29:27
And that's in the in the town of Malone.
1:29:29
Yes, Sir. OK.
1:29:30
I'm going to set him a $250 cash bond.
1:29:33
Mr. Matt Daniel, are you OK with the cash bond?
1:29:36
I don't know if she can post it or not, but I'd rather set a
1:29:38
cash bond instead of having to go through a bondsman.
1:29:41
So it's a $250 cash bond based upon your age and your history
1:29:45
on the felony charge. So if you if you or your
1:29:47
grandmother post bond, there's some advantages to a cash bond
1:29:51
and but there's no point of even trying until you finish the
1:29:53
seven days or 10, seven days you have left on the violation of
1:29:56
PTI. Mr. Larkin, do you have any
1:29:58
questions? Sure.
1:30:01
Wish you the best, Sir. Oh yeah, on the violation of
1:30:06
PTI, since that's we got no history, then we have Todd
1:30:10
Herring. Very good morning hearing you're
1:30:21
here for first appearance accused of 1 count.
1:30:23
Actually you don't have a charge here.
1:30:24
You have a fusive warrant from Seminole County, Georgia.
1:30:27
I see you signing something there, so I'll wait till you get
1:30:29
through signing, and I'm assuming that's a waiver of
1:30:35
extradition, Mr. McDaniel. So Mr. Herring, as you may know,
1:30:39
they have 30 days to pick you up, Sir, starting today.
1:30:42
Now that you've signed that, Mister Herring, I will see you
1:30:45
in 15 days if you're still here. The reason we do that, just to
1:30:48
keep a track on the cases, Seminole Counties is like
1:30:51
Houston County in Alabama. They're neighboring counties.
1:30:53
They're very good about picking people up.
1:30:55
It's unlikely you'll still here, be here in 15 days, but if you
1:30:58
are, I'll see you. I'll ask the jail what the
1:31:00
status on the transport is and you'll get to hear that.
1:31:02
Answer any questions, Mr. Herring.
1:31:04
No, Sir, Thank you. Have have a good day, Sir.
1:31:07
You're welcome. And Mr. McDaniel, it's
1:31:10
everything I had on my list. Anything else from the Public
1:31:13
Appeal's office? No, you aren't.
1:31:17
So on Mr. Larcom, I think the easiest thing to do is just not
1:31:20
issue that because he's he's entered A plea.
1:31:26
So I think we can just do a violation of the PTI without a
1:31:29
warrant being issued and just do the plea form and never have a
1:31:32
warrant issue. That would just be another
1:31:34
arrest on his record when he's already just, he's entered a
1:31:36
police. There's no point in asking the
1:31:38
Sheriff's Department to go out there and serve that.
1:31:39
It's just a waste of time. Case is resolved.
1:31:44
Just do a revocation in PTA or yeah, please.
1:31:51
I don't know if we did or not, but if I may not have, I may
1:31:53
have forgotten to give Mr. Larkin Mccordate on his felony.
1:31:55
But it would be March the 3rd at 8:30.
1:31:58
I told you it was March 3rd. So we put it on this stuff also.
1:32:02
Thank you Mr. McDaniel. Anything else?
1:32:03
I don't know if he's going to find out, but you, I mean, he's
1:32:07
18 years old, you know, y'all just.
1:32:10
You know. He needs.
1:32:11
Direction, but I don't. I know probation that can give
1:32:13
him direction, but I don't know what the answer is.
1:32:15
So. Yeah.
1:32:15
I don't know. The state may offer a felony PTI
1:32:17
because they don't usually offer misdemeanor PTI if you've had a
1:32:21
prior PTI. But on felony PTI, a lot of
1:32:23
times they will offer that if they haven't had a felony PTI.
1:32:27
Yeah, they don't really hold misdemeanor PT is against them.
1:32:30
But I don't know what y'all decide.
1:32:31
That's up to y'all. I did not know until this
1:32:34
morning. I was surprised it was
1:32:36
aggravated child abuse, but I went and read the statute.
1:32:39
Excuse me, Aggravated animal cruelty, Regular animal cruelty
1:32:43
is just a misdemeanor. So it's it's not I think of
1:32:46
aggravated as being serious injury.
1:32:48
That's not true with animal cruelty.
1:32:50
Any act that causes repeated suffering of an animal is
1:32:55
probable cause for animal cruelty.
1:32:57
Doesn't have to be an injured animal.
1:33:00
And I thought it was a misdemeanor charge when I looked
1:33:02
at it, but I this. I'm not saying that they can't
1:33:04
convict. Him of a felony.
1:33:05
I thought it was a misdemeanor and that's why I'm trying to
1:33:06
tell him. That he needs to.
1:33:08
Get this down to a misdemeanor. But I you know, yeah, that's a
1:33:11
mistake. All right, Mr. Mitchell,
1:33:14
anything else from the state corporal or Sergeant?
1:33:17
Anything else from the jail? No, Sir.
1:33:20
Thank you, gentlemen. That concludes first appearances
1:33:22
for today, everyone. It's 8 Okie dokie friends.
1:33:26
Welcome again to TCF Live. It's Friday.
1:33:28
Happy Super Friday to all of you.
1:33:31
A big thank you to the community for all the generosity so far
1:33:34
today. Very much appreciated.
1:33:35
Welcome to all the new channel members that we have.
1:33:38
Stick around, you'll like it here.
1:33:40
Let's go back to Lake County, Ohio.
1:33:42
We'll try Judge O'Donnell again. New contestant.
1:33:46
Let's see if the audio's better this time.
1:33:49
Thank you, Your Honor. We're here on the matter of the
1:33:51
State of Ohio versus Avante Bolden, case number 25 CR
1:33:55
001654. The defendant is present in the
1:33:58
open court with their attorney, John Fatika.
1:34:01
We were set today for a pretrial.
1:34:03
We are, excuse me, We're set today for a sentencing hearing.
1:34:05
We were last in court for a pretrial on January 6th when the
1:34:09
defendant pled guilty to Count 2 of the indictment.
1:34:11
Count 3 of the indictment and Count 4, Count 2 being
1:34:14
unauthorized use, the missing of the first degree.
1:34:16
Count 3 being Grand Theft Auto FL near the 4th degree account
1:34:20
for being a misdemeanor, misdemeanor of the first degree
1:34:23
and misdemeanor theft. Since then, a precise report and
1:34:26
victim impact statement have been submitted.
1:34:27
The state has had time to review those reports and the victim
1:34:30
impact statement. The dependent 0 days of jail
1:34:33
time credit. Siga.
1:34:37
Good morning, Your honor. I've had an.
1:34:38
Opportunity to review the PSR. We're ready to go.
1:34:41
Forward. Go ahead.
1:34:44
I'd like to. Highlight the fact that while
1:34:46
acknowledging that Mister Bowen has a fairly extensive juvenile
1:34:50
record, this case is his first felony conviction as an adult.
1:34:54
He's 18 years old, High School graduate.
1:34:58
He's been at the Lake County Jail for 83 days.
1:35:01
Again, we acknowledge that he doesn't have credit for time on
1:35:04
this case because he's serving juvenile sentences, but he has
1:35:09
had an opportunity. Sorry, friends, got to hit the
1:35:14
pause button. Casman 4999 Super chat, thank
1:35:18
you so much. We miss having you here and it's
1:35:22
not just because of 4999 super chat.
1:35:25
You've always been a valued member of this community.
1:35:27
We know you've been busy in the mornings, but but we care about
1:35:31
you. We hope your life's going well
1:35:32
and things are going good. And thanks for stopping by this
1:35:34
morning. And again, I appreciate your
1:35:35
generosity. Thanks so much back to to be an
1:35:40
adult facility. Reflect on what he's done.
1:35:44
You can see from the PSR that he has that he's had a less
1:35:50
unstable living environment growing up.
1:35:53
He understands, I believe, that he's at a crossroads at this
1:35:56
point. He's contemplated a military
1:35:58
career. He's contemplated going to
1:36:02
college at one point, and speaking with Dave Ferran of our
1:36:07
juvenile office indicated that Mister Bolden was accepted into
1:36:12
college. I think you'd like to follow up
1:36:14
with that. We'd ask the court to consider
1:36:17
community control sanctions in this case.
1:36:19
Mr. Bolden, what do you want to tell me?
1:36:21
Is there anything? Yeah, what?
1:36:28
Is he just? What happened?
1:36:31
Whatever you want to say, it's your turn to speak.
1:36:33
Do I stand? Up.
1:36:35
You don't have to. Your Honor, I just want to let
1:36:39
everything let let you let it be known that like at this point of
1:36:43
my life, like I've done bad. And that's the only thing that
1:36:47
matters right now. And I have to take the time to
1:36:50
understand that I've done wrong. And I really do understand that
1:36:55
I've done wrong and that I don't.
1:36:58
And the thing I did was wrong. It was impulsive and I didn't
1:37:01
think it through. But, and it's not even just the
1:37:04
butt, it's I care, you know, from now forward, I have to
1:37:11
grow. Because if I don't grow, my life
1:37:14
could keep keep looking just like this and it could look a
1:37:17
lot worse. And I know that, truly and
1:37:20
dearly. I know that.
1:37:20
When did you come to that realization?
1:37:24
I came to that realization when I know this doesn't matter, but
1:37:29
I came to this realization when I was in Virginia County's jail
1:37:34
and I had, I was out there and I met a few people that that told
1:37:38
me like, I know you're like. Then they told me like, you're
1:37:41
going to be going back home dealing with this case.
1:37:44
And I knew that. And they said you have to change
1:37:47
your life because this is not the road you want to go down.
1:37:49
And I surely noticed that. And then when I came back to
1:37:51
this county, it even hit me even harder because my family lives
1:37:55
out here. My family lives in this
1:37:56
community. And for my family to live in the
1:37:59
community and for me to hurt the community, that means 1 I don't
1:38:02
care about. But you're going to hurt your
1:38:06
community through 11 cases in juvenile court.
1:38:10
So you've been doing this for the last 10 years, almost 10
1:38:29
years. You've been doing the same
1:38:31
stuff. It's serious stuff, not little
1:38:35
nothing stuff, serious stuff over and over and over.
1:38:41
A number of times when you were in juvenile court, you, you
1:38:47
weren't sending, you were not sent to DUIS by Judge Lawson
1:38:54
until I think maybe the 3rd or 4th.
1:38:57
I, I don't even know, OK, I lost track.
1:39:01
That had no impact on you because you came out and you
1:39:04
started doing the same stuff, right?
1:39:12
Yeah, it did have an impact. And this isn't an, this isn't
1:39:18
for me. This isn't an excuse like like
1:39:20
he's like Mr. Fatika said, I got accepted to a college coming
1:39:26
from there and I had everything set for me.
1:39:29
I they put me in a program in Akron.
1:39:31
I was supposed to stay there and I was going to go to Hawkins and
1:39:35
Nelsonville from there. But I know this might not matter
1:39:39
to you, but like I wanted to come back to my family before I
1:39:42
went to the college coming up this semester, supposed to be
1:39:46
there this semester and I wanted to come see my family.
1:39:49
I thought that my, my mom told me numerous times, don't come
1:39:53
back, just don't. And I said, mom, I just want to
1:39:56
see my family. I want to be in Painesville.
1:39:58
I'm not going to do anything wrong.
1:39:59
And when I came back out here and I noticed that one of my, my
1:40:03
one of a close friends to me passed away.
1:40:07
I came back out here and I and it just crushed me.
1:40:11
And that's honestly how I felt. Reaction we have a reaction have
1:40:16
a will to do to do 2 choices get in trouble or not get in
1:40:21
trouble. And I chose that and but my, my
1:40:25
honest, my mind was set on going to that college and if I would
1:40:30
have never came back out here thinking that I would be strong
1:40:33
enough to handle it. I I we wouldn't be having this
1:40:36
conversation, but now that we are.
1:40:37
But didn't you go to Georgia after this and do the same thing
1:40:40
in Georgia? I did, your honor, I did.
1:40:46
And I honestly, I didn't, I didn't want to.
1:40:51
I didn't want to hurt anybody. I didn't, I didn't want to.
1:40:53
I just, I was just running. I was running away from my
1:40:56
feelings like. Where did the GMC Terrain?
1:41:01
End up. I think I honestly, I went to
1:41:08
Columbus with that with that car.
1:41:13
I went to Columbus with that car.
1:41:14
I remember I just, I don't like, I don't even have a destination
1:41:18
like. So where is?
1:41:21
The I'm pretty sure it's in the cops cause arms because I don't.
1:41:26
It ain't. Nobody knows where it is.
1:41:29
I left it. I literally I just left it.
1:41:32
I didn't. I just left it like.
1:41:36
Where's the where's the football equipment?
1:41:41
I when I got this, when I got it, when I got the car, I just
1:41:44
took everything out of it. Like I didn't keep anything.
1:41:47
Like I literally just got in the car.
1:41:49
I just, it was impulsive, Your Honor.
1:41:51
Like, I know, I know, but the question is where is it?
1:41:56
Because the computer was found? A computer.
1:41:59
Some other things were, yeah, a computer that was in the car
1:42:01
that you threw out the car, but the helmet, shoulder pads, $2000
1:42:06
worth of stuff wasn't found. Honestly, I don't know.
1:42:12
I'm be honestly, like really honest with you.
1:42:14
I don't know where that's at. I really don't.
1:42:16
I just threw everything like. Where did you throw it?
1:42:24
That's. What he's asking, I was over by,
1:42:28
I think I don't know, just like Perkins, like by Minner Ave. and
1:42:32
I stopped over here and I just stopped it stopped the car and I
1:42:36
just threw everything out like so I don't, I don't know if it's
1:42:40
still there. Like I don't like, I don't know
1:42:48
if like, and honestly, like I don't know if I can pay.
1:42:53
I don't know if I can work to pay for that money back.
1:42:56
But I, I, that's something that I would do.
1:42:58
When you took that car, you were in Cleveland Heights.
1:43:02
What were you doing in Cleveland Heights?
1:43:07
I know I I went to Cleveland, I was if I OK, I was seeing a
1:43:10
couple. I know I was with one of my one
1:43:12
of the once a guy I met out there.
1:43:14
I probably was out there with him who I forget his name.
1:43:19
We had just met and I know I went out there like I was just.
1:43:24
How'd you know? How'd you know?
1:43:25
How'd you know how to find him if you just met?
1:43:28
Because we, he was, he was out here and then he asked for me to
1:43:34
drive him out to Cleveland and I did so.
1:43:38
And then that's probably, that's only the only way I remember I
1:43:41
was in Cleveland Heights for like, I wouldn't have been in
1:43:43
Cleveland Heights for any other reason but to see him probably.
1:43:48
And you were on Saint Clair near Eddie Rd.
1:43:50
What were you doing there? Probably just I was just
1:43:58
driving, I don't know. I was just driving like.
1:44:02
When did you go to Columbus? Huh.
1:44:05
I didn't hear you, sorry. When did you go to Columbus?
1:44:09
I went to Columbus right after Cleveland.
1:44:15
I just, I remember just like. It's like an 8 hour difference
1:44:18
between when you're on Saint Clair and when you're the camera
1:44:23
first picks you up in Columbus. Where were you those 8 hours?
1:44:29
I don't remember here on here. It's very easy not to believe a
1:44:52
word you say. Every, your honor, everything,
1:45:02
I'm everything I've done like I, I, I went in that car and I just
1:45:07
drove. I like.
1:45:08
I didn't even have. Well.
1:45:10
I was How many cars did it take before you got into one that was
1:45:14
unlocked in that parking lot? In in the parking.
1:45:18
Lot in the parking lot where you stole this terrain.
1:45:21
How many cars did you go in and check before you found this one
1:45:25
that was unlocked? I only went.
1:45:27
I only went in that. One.
1:45:29
No. Well, how many cars did you
1:45:31
check to see if they were unlocked before you took this
1:45:34
car? I I really, I literally only
1:45:41
went like I don't remember going any other cars.
1:45:43
OK. Well.
1:45:47
Because in that one that I see that I, I looked at that one and
1:45:51
I, I just remember getting in it like, like honest, that's the
1:45:57
honest truth. Like I just really remember
1:45:59
getting in that car. Like I picked that one and I
1:46:02
just got in it and left. Like I didn't say, Oh, I know.
1:46:05
This person, I think the the cameras that are focused on that
1:46:10
lot tell something different that you check the number of
1:46:13
cars, some were unlocked, you took some stuff and then you got
1:46:18
in this one. So, so you weren't, this was,
1:46:24
this wasn't an impulse. You were looking for stuff to
1:46:26
steal. You checked the number of cars
1:46:30
for quite a substantial period of time before you took this
1:46:34
car. So it wasn't an impulse.
1:46:38
And I'm sorry if I said impulse, I just, I wasn't like I wasn't
1:46:42
thinking. I didn't.
1:46:43
I didn't. I honestly feel like I didn't
1:46:46
want to hurt anybody. I didn't say, oh, I know these
1:46:49
people. I'm going to just go.
1:46:50
Matter if you know them. Like I'm that's right, but I
1:46:54
don't want to. I didn't want to physically hurt
1:46:56
anybody is what I'm trying to say.
1:46:57
I didn't want to like I didn't like, I just, I just did it like
1:47:02
I don't. But now I know, like in that
1:47:06
state where the mindset that I was in that time, like in that
1:47:10
moment can't compare it to how I am now.
1:47:13
See. I don't know where because you
1:47:15
have no credibility. When you talk.
1:47:18
You just don't. You're right, you're on it.
1:47:20
But that has to show. I have to show that.
1:47:25
And all you've shown is your inability to live inside the
1:47:35
bounds of what the law is you're after.
1:47:38
You're outside for nine and a half, nine years.
1:47:43
From your first time in 16 until this fall of 25, all you've done
1:47:52
is wreak havoc everywhere you go.
1:48:00
And not only up until this, but after this.
1:48:10
Yeah. Your Mr. O'Donnell Judge like
1:48:18
this is and that's how, this is how I feel.
1:48:20
Like I was in that, like I was wrong for how I did like I, I
1:48:27
can't, I just don't, I don't know how to say like any like
1:48:31
I'm sorry and I knew I was wrong.
1:48:34
And like I know at this moment, the only thing that matters is
1:48:38
how I treated those victims that had a big it could have had a
1:48:43
financial ripple effect of physical ripple effect spirit, a
1:48:46
mental ripple effect on them. And I genuinely understand that.
1:48:51
And if I can pay anything back, if I can do anything out there
1:48:57
to to to get back to that, I'll work.
1:49:00
What you can do when you get back out there it is.
1:49:05
It is to live your life without being a criminal.
1:49:09
That's what you can do. And that's what.
1:49:11
Until you put a substantial period of time behind you where
1:49:15
you're living the right way, then nobody's going to believe
1:49:18
what you say because they see what you do.
1:49:25
Mr. O'donna and this and this is, this is, this is my time
1:49:29
right now. This is, I'm not going to say
1:49:31
this is my first, my last, my third, my fifth chance.
1:49:34
I have had chances. I've had chances, but I haven't
1:49:37
given up on myself. I have not given up on myself.
1:49:40
I, I haven't, I said I want to still go to college and if
1:49:44
college doesn't work out, I like Mr. Fatigue said I want to go
1:49:48
and listen to the Army and I and I and I can do that.
1:49:51
I can do that with, with, with in a, in a timely fashion and
1:49:55
timely manner. I can do that with good
1:49:56
behavior. I can do those things.
1:49:59
I'm staying strong. A person that isn't staying
1:50:02
strong and doesn't care wouldn't say that I genuinely want to do
1:50:06
that with for the rest for the rest of my life.
1:50:09
Is is not do a crime. I don't want to do this anymore.
1:50:13
Like, and that's my honest that's my honest feeling.
1:50:15
That's how I feel. It's not fun, it's not cool.
1:50:19
I'm hurting my family. I'm I'm sad most of the day, but
1:50:23
I, I'm and I'm staying strong and I'm staying strong through
1:50:26
all I did wrong in the past. But and it's not even a but I
1:50:31
care. You shouldn't have done.
1:50:34
I shouldn't have done those things.
1:50:36
And I see that and I know that. And it's not even just the fact
1:50:41
that, oh, I'll get out, get out, get out, get out of jail, get
1:50:44
out, take these cuffs off because honestly, Mr. O'Donnell,
1:50:46
when you, when you I've been to jail before, like you said, and
1:50:49
every time I got out, I felt that feeling of, Oh, that was
1:50:53
too easy. And I have had I don't want this
1:50:56
time. I don't have that feeling.
1:50:59
I've been stressed. I've this is really, this isn't
1:51:03
fun. This I don't want to do a crime
1:51:06
ever again in my life. I, I, I'm not going to walk out
1:51:09
of these doors or whenever I go home and say like and, and, and
1:51:14
say that this wasn't, no, this is you just Mr. O'Donnell.
1:51:19
You just, I like, if I can just say it put you in my mind like
1:51:22
it's, it's, it's so stressful. I can't do it.
1:51:24
I just, but it's making me stronger.
1:51:27
It's making me stronger. I don't want to do this no more.
1:51:30
Whatever I know I did wrong and I care.
1:51:32
I genuinely care about them, my victims and my life.
1:51:37
I have. I have a will and a choice now.
1:51:40
I either can change my life and go to the college that accepted
1:51:43
me, change my life, go to the military, change my life, get a
1:51:46
good job, change my life, go with my family.
1:51:48
I have a caring family that cares for me Jill.
1:51:52
I've done it, I've done it. Yes been going to juvenile for
1:51:55
those years and going through all that stuff.
1:51:57
Yes, it's bad, but that stuff is built me because now I can look
1:52:00
back and say I've went through all that stuff for that long.
1:52:03
I've lost family, lost my lost my grandma, lost cousins and I'm
1:52:07
still losing people right now as we speak to to gun violence.
1:52:10
I'm still losing them. I don't want to go through this
1:52:13
no more because if I keep doing what I'm doing, I'm either going
1:52:16
to be dead or I'm going to be in here for a very long time.
1:52:19
And there's people in here that are fighting long amounts of
1:52:22
time and I don't want to be on their boat.
1:52:25
And this is my chance to change that all.
1:52:28
And I only I'm pretty sure I only got one last chance and
1:52:30
that's and not even coming from you, but that's coming from the
1:52:35
judge across the street. He told me like you, I see good
1:52:41
in you. And he sent like he's Mr.
1:52:44
Fatigue said he sent to me the time.
1:52:46
He could have gave me the amount of time, but he seemed good in
1:52:48
me and I and I can't let that go.
1:52:50
And Mr. O'Donnell, you don't know me.
1:52:52
You know my charges. You know how I've done.
1:52:55
But the new me is nobody can knock me down.
1:52:59
Nothing. I've been through it, I've seen
1:53:02
it. It's not fun.
1:53:03
So what, what I do has no impact on that, right?
1:53:09
I don't. I don't control how you live
1:53:11
your life. What what?
1:53:12
What does it matter what I do today?
1:53:15
It what you do, what you do, what you do.
1:53:18
For me, it matters the reason and the reason why it matters
1:53:22
for like, for what you do. Because I have to.
1:53:27
I have to. I have a choice.
1:53:28
Right. You have a choice regardless of
1:53:30
what I do, right? What do I do about all these
1:53:32
people that live out here that are the victims of you all these
1:53:36
years? What do I do about that?
1:53:38
You keep you, you look and and this is the right.
1:53:41
I don't know if this is the right answer, but you keep me
1:53:44
away. You you keep me away from them
1:53:47
because you don't know if I'm going to hurt them.
1:53:50
But I don't want to hurt them. I don't genuinely.
1:53:53
I'm none of my chases. That's fine, except you do.
1:53:57
And I did and I did. And I did, Mr. O'Donnell, I
1:54:01
definitely did right now, right now where I'm standing.
1:54:03
Isn't there, Isn't there two parts of this whole thing?
1:54:06
One punishing you and making you accountable for what you did?
1:54:11
That's one thing. Trying to figure out what to do
1:54:15
with you in the future, right? That's what I have to do.
1:54:21
Mr. O'Donnell, I can look, I'm not even.
1:54:23
I don't have to promise you. I don't have to promise nobody
1:54:26
right now. I'm promising myself.
1:54:28
I promise myself. Well, it doesn't do any good to
1:54:31
promise me. Because because, but, but you're
1:54:34
going to be, you're going to be somebody and everybody that's
1:54:36
watching and everybody that's here, they're going to say, what
1:54:39
is he going to do now? What is he going to do next?
1:54:42
Who, me or? You.
1:54:43
Me. What am I?
1:54:44
What is Avante Cassel, Maurice Bolton going to do next?
1:54:48
From from this standpoint, do do I deserve discipline?
1:54:51
Yes. I deserve consequences.
1:54:54
Have I? Have I already been?
1:54:56
I'm not speaking. Virginia's time doesn't matter.
1:54:58
But I was in Virginia since September all the way up till
1:55:02
now. Do I deserve time?
1:55:04
Yes. I deserve time.
1:55:06
But I do I want time? No, I nobody wants time in jail.
1:55:12
But do you? Do you have to want to change?
1:55:15
You have you need that. I need to change Because if I
1:55:19
don't change, I know where it's what it looks like, I can see
1:55:23
it. Right now I can not only see.
1:55:25
Philly Where? Where is your father right now?
1:55:27
My father is locked up. He's incarcerated in Ross
1:55:29
Prison. Right.
1:55:34
So you have a pretty good example of where you're going to
1:55:37
end up if you keep all this nonsense up.
1:55:40
Pretty good idea, right? Right.
1:55:45
Yes, Sir. And how long has he been locked
1:55:49
up? I I think 14 years.
1:55:55
Oh not for although because he's been it's like 1014 years but
1:55:59
like I only seen him like once in my life.
1:56:06
So the whole time you've been running around causing problems
1:56:14
in Lake County, he's been he's been in prison.
1:56:22
So you have a prime example right in front of you about what
1:56:27
happens when you do what you've been doing, right?
1:56:32
That's right. Can.
1:56:36
I say something and also like like I said, like I told you
1:56:44
from from like when like I'm 18, OK, I've been juvenile.
1:56:49
Juvenile is rehabilitation. I've done I've done
1:56:51
rehabilitation classes. I've went through that process.
1:56:53
I got accepted in college and juvenile I did that.
1:56:56
Most people, most kids, I'm not I'm not saying that most kids
1:56:59
aren't doing that, but most kids aren't doing it and so.
1:57:02
When did you get accepted in the college?
1:57:05
I got accepted and I got accepted the Hawking and
1:57:07
Nelsonville for bills management and entrepreneurship when I was
1:57:10
in juvenile and where. Is that?
1:57:12
That's in Athens County. And when did you get accepted
1:57:17
into that? I got accepted.
1:57:18
I got accepted August. I got an exception letter when I
1:57:22
was incarcerated in DYS in Madison, OH, in the month of
1:57:25
August. And I got that exception letter
1:57:28
and I cherished it. And instead of listening,
1:57:32
listening and instead of me coming back, man, this is so
1:57:35
real. Instead of me coming back, I
1:57:37
told my mom, mom, and she was shocked.
1:57:41
But I say mom, I'm not coming back home.
1:57:43
This is the honest truth, Mr. O'Donnell.
1:57:44
I said I'm not coming back home. I there wasn't a reason.
1:57:47
I said I'm not coming back to Painesville.
1:57:49
Why I'm not coming back to Painesville?
1:57:51
Because once I heard my close friend passed away, I I didn't,
1:57:55
I knew that this the sadness. Who is your close friend?
1:57:59
Will they call him Will coffee? How did how did how did how did
1:58:05
he die? Hey, he got he got killed, got
1:58:08
shot over over like. A couple blocks away.
1:58:11
Yeah, why? I guess it was over because like
1:58:16
just just, I don't know. I just I guess the other dudes
1:58:20
didn't like them. Right.
1:58:21
Why? I don't, I don't really know all
1:58:25
that, but like I just know. Because, because, because he's
1:58:28
been doing the same thing. He, he, he and the guys who, all
1:58:34
these guys that were involved in that been doing the same stupid
1:58:37
shit for more than a decade, back and forth, back and forth,
1:58:42
back and forth. That's why finally they
1:58:47
escalated and now he's dead and the other guy's dead too.
1:58:52
He was in the car, not out of that incident, but out of
1:58:56
another one, running around with a bunch of numbskulls and he got
1:59:01
shot and killed. All this is in front of you, all
1:59:08
of it. And so you're telling me a month
1:59:13
after you get accepted into college, you come back here?
1:59:20
And Chef, he died in June, OK? He didn't die.
1:59:25
He died before you got back here.
1:59:27
He died before you got accepted into college.
1:59:31
OK, So you using the excuse that you came back here, all set to
1:59:36
go into college and a month later you come back here, or
1:59:42
within a month you come back here and you start all this
1:59:45
nonsense over again. So there was no trigger that
1:59:49
once you got back here and found out Chef, you died, that you
1:59:52
went off the rails. You're right, it wasn't, it
1:59:56
wasn't, but I, it felt I, it just hit, it just hit me like it
2:00:04
hit a lot different, you know? Like you can be away and hear
2:00:07
it, but then when you come back out and you just see like this
2:00:11
is where I live for most of my and like everybody dies.
2:00:15
But like I just, I don't. I just reacted different but
2:00:18
but. Everybody dies.
2:00:19
You're right about that. OK, So I can believe you when
2:00:24
you tell me that, OK, everybody dies.
2:00:27
Everybody doesn't die the same way.
2:00:29
Everybody doesn't put themselves in a position where they have a
2:00:32
pretty good chance of dying and not everybody does that.
2:00:39
The ones who do a lot of them end up dead because that's what
2:00:43
they chose. That's a position they chose to
2:00:45
put themselves in. Or if they don't die like like
2:00:51
all the other Ding a lings that were involved in that most
2:00:55
likely are going to be in prison for a long time.
2:01:00
So that, that seems to be the, the, the choice that you've made
2:01:04
for the last nine years is to either put yourself in a
2:01:09
position of dying prematurely or ended up in prison for a long
2:01:13
time. That's that's where you've put
2:01:15
yourself. I can assure you now I.
2:01:21
Can't. You can't assure me of anything.
2:01:25
You can't assure the three people in the back of the
2:01:29
courtroom of anything. OK?
2:01:34
You assured, you're telling me, you assured your mom that you
2:01:37
were going to go to college and you were all set.
2:01:40
You assured her that in August and and in September, all this
2:01:45
shit happens. You can't assure anybody of
2:01:49
anything. You can't, according to what
2:01:52
you've just told me in the last 20 minutes, you can't assure
2:01:54
yourself of anything because you were going to college and then
2:02:00
you get right back at it. So the word assure in you don't
2:02:07
mix right now. Now They may in the future.
2:02:11
You may be 10 years from now, you may be a successful person,
2:02:15
never in trouble again after this.
2:02:16
I don't know. You can't assure me of that.
2:02:20
You can't assure. You of that.
2:02:30
Anything else you want to say? Yes, yes, there is actually.
2:02:34
I like, I just want to let you know that since since I've been
2:02:39
here, like since I've been locked up, like I've really been
2:02:45
like, like it's not easy, OK? It's not easy.
2:02:48
Like me being and who? Said it was supposed to be easy.
2:02:51
You're right. Sorry, but it's not like I just
2:02:55
man, I don't want I don't want to do it no more.
2:02:58
I'm done. I just I just can't.
2:03:00
I know I'm this isn't juvenile. This isn't this will like it
2:03:05
break. It is breaking.
2:03:06
I guess it will break you and, and if you don't get back up
2:03:09
and, and if you don't, if you don't see what it's what it,
2:03:12
what this, what this is trying to do you, it will you either go
2:03:16
crazy or you like, and I'm and I'm trying and I'm staying
2:03:20
strong. Mr. O'Donnell, like you just
2:03:22
don't understand. Like I'm, I could have, I could
2:03:25
get, I could say I don't have to say nothing about college.
2:03:28
I don't, I know. No, that's what I'm doing.
2:03:31
That's what I'm going to do. That's what I'm going to do.
2:03:34
And, and to be honest, I'm going to be honest with you, Mr.
2:03:37
O'Donnell, because this is the key.
2:03:40
I don't want to be here. I don't Do I deserve to be
2:03:44
enough for what I've done? Yes.
2:03:45
But Mr. O'Donnell, I just don't, I've learned like out of this
2:03:48
time I've been here. This is not, I don't, I just
2:03:52
don't want to do it. It's too hard, it's too hard.
2:03:55
It's it's mentally hard. The physical aspect is just, but
2:03:59
it's mentally draining and, and, and, and, and it's just, I just
2:04:04
don't want to do it. I I just can't like juvenile.
2:04:10
They, they helped me for years and, and, and the last thing I
2:04:13
did was got it set to the college.
2:04:15
And I see that like it's, it's, I just, I don't know, I just
2:04:20
can't Like it's like, wow, I got it set to the college after all
2:04:23
that stuff I went through and I got accepted to college and I'm
2:04:26
in here right now. And I asked and I asked, and I
2:04:29
don't know that you are spirituality, but I asked God to
2:04:32
like I said, God, I want a story.
2:04:35
I want to go through hard times. And he's, he said, OK, you were
2:04:39
going to go through hard times. And right now this is the hard
2:04:41
time where it's like God's giving me a will and I'm giving
2:04:44
myself a will and a choice. You either do this or you do
2:04:48
this. And it's it's right here again
2:04:52
in my face and I'm and I I don't have to promise you.
2:04:55
I know this for myself. I'm taking because I've been
2:04:59
through everything and I can still go to school.
2:05:01
I like it's right there. That's a good God bless me with
2:05:04
that. He said here, you've been
2:05:06
through this all here. I'm going to put this in front
2:05:08
of you can do this and it's true.
2:05:10
It's right there or you can do this and I can see it clear as
2:05:14
day. I'm not letting it go.
2:05:16
I just can't let it go all. Right.
2:05:21
Take anything else you want to present.
2:05:24
No, thank you, Your Honor. Thank you, your honor.
2:05:27
The state's recommending the defendants have a prison term.
2:05:29
I'm going to go over the juveniles, juvenile or excuse
2:05:32
me, the defense history. 2016 he had attempted arson with one
2:05:36
probation violation 2021 He had disorderly conduct 2021 as well
2:05:40
assault 2021 as well burglary where he was sent to a community
2:05:44
correction facility. 2022 a vehicle trespass. 2022
2:05:48
possession of cocaine where he was sent to the ICR program in
2:05:51
the juvenile court. He was then released from the
2:05:54
ICR program and shortly roughly 3 months later he stole a
2:05:58
vehicle and crashed it over here in front of the Morley Library.
2:06:00
He was sentenced to ICR program again within two months.
2:06:03
He was. He then assaulted ACO down there
2:06:06
and was sent to the Department of Youth Services.
2:06:09
He got out of the Department of Youth Services and committed
2:06:11
more offenses. He committed weapons and
2:06:14
disability in 2025. He committed this offense in
2:06:17
2025. He committed more offenses at
2:06:19
Lake Erie College. He was stealing things from
2:06:22
college students vehicles. I know the defendant then told
2:06:27
you today that he has everything.
2:06:28
He had everything set to go to college, which may be true, I'm
2:06:31
not sure. What I can tell you is that
2:06:33
instead of, you know, going to college, you decide to go steal
2:06:35
cars. I've been hearing the college
2:06:39
lying for about 3 years since I've been a prosecutor at this
2:06:41
point. Your honor, he did get it right
2:06:44
when he says nobody knows what he's going to do next.
2:06:47
However, if the pattern is to show us anything, it's that he's
2:06:49
going to get out and commit more crimes.
2:06:53
And again, your honor, he was on juvenile parole at the time of
2:06:55
the offense. So I do believe a prison term is
2:06:58
appropriate for this. I understand he is 18.
2:07:00
However, in order to protect the community, prison would be
2:07:04
appropriate and all rehabilitation efforts have
2:07:06
proven to be futile. Thank you.
2:07:09
The juvenile parole, what's what's the status of that?
2:07:17
The Agate questions, he gave him 180 days, right, Correct.
2:07:23
So he gets out in June on that. But what's the status of
2:07:26
juvenile parole? I can't speak that, Your Honor.
2:07:28
I don't know. I have the There are juvenile
2:07:30
parole officers in the back here.
2:07:34
Do you have any information on that?
2:07:36
You are yes, I'm Roberts of our new services.
2:07:39
Yes, currently he's still I can be open on parole, Tim.
2:07:42
We have jurisdiction over him till he's 21 years old.
2:07:45
But speaking with the prosecutor, Rachel, on the
2:07:46
juvenile division, we are kind of actually waiting to see what
2:07:49
happens with this case to see how we would proceed if we would
2:07:52
want to keep this matter open or if we are actually going to
2:07:55
close him from the juvenile jurisdiction runner.
2:07:57
OK, thank you. And he could go if, if, if the
2:08:03
violation occurs, he can go where would he have to go?
2:08:07
That would be discretion of of the judge.
2:08:09
I know this last occurrence went to this new case where he got
2:08:12
sent 180 days. The judge chose to keep him in
2:08:15
local jurisdiction says that him back to the US, but that's still
2:08:19
open even though we sentenced him to no, that that matter is
2:08:22
not closed since he's been sentenced.
2:08:23
He'll start that sentence, I believe after March 30 is when
2:08:26
he'll start serving after those six months.
2:08:28
OK OK. All right.
2:08:32
So this is 2M ones and an F4 right?
2:08:39
The F4 is for this vehicle that was stolen the terrain, right?
2:08:45
Yes, your Honor. All right.
2:08:47
I've considered the presentence report and I've also gotten the
2:08:53
victim impact statements from the college student whose stuff
2:09:00
you stole and hasn't been recovered, and that was about
2:09:16
$2047. And the car that you stole and
2:09:22
abandoned that was never found, $7500, you know it was a 2015
2:09:33
GMC Terrain that had a fair market value of 7500 bucks.
2:09:39
But I bet it was worth a hell of a lot more to those folks. 10
2:09:45
year old car that runs pretty well.
2:09:48
Certainly worth more than 7500 bucks.
2:09:53
I have consider what you have said, what council has said
2:09:59
considered all the provisions in 29291112 and 13.
2:10:06
So you have a terrible juvenile record, not a bad juvenile
2:10:13
record, a terrible juvenile record.
2:10:17
And as I've said, you've demonstrated your desire, at
2:10:25
least up and until the fall of 2025, to live outside the bounds
2:10:34
of a civil society and decency in general.
2:10:39
So you've got this F4, which now subjects you to 18 months in
2:10:44
prison, to adult prison. That's your, that's the
2:10:49
potential penalty on that. So the question is what to do
2:10:51
with you now when I sentence you here in a minute, OK, It's got
2:11:00
nothing to do with what you just said, OK?
2:11:05
Because because I don't believe what you said and nobody should
2:11:11
believe what you say because you've been, you've been through
2:11:15
this enough times over there for the most part, and you have a
2:11:20
good idea of what you need to say to get what you want to
2:11:24
accomplish right. Unfortunately for you, you
2:11:29
become experienced in that regard that you like to say
2:11:36
right before your fate is determined what you think the
2:11:40
person who's going to determine it wants to hear.
2:11:44
But I don't believe you. But you shouldn't take offense
2:11:49
to that because I believe almost nobody sitting there because
2:11:52
everybody plays that same game. But all that's beside the point.
2:12:00
The question is what to do with you at this point.
2:12:13
That's all that matters right now.
2:12:17
So Mr. Noff has been screwing around with you in juvenile
2:12:21
court and now here for the last three years.
2:12:24
Did you know that you recognize him in a lot of your cases?
2:12:28
So he knows you. Well, he doesn't believe the
2:12:30
least bit in you, OK, for good reason.
2:12:36
And I and I think if you're honest with yourself, you're
2:12:40
going to acknowledge there's good reason for that.
2:12:43
OK, so you your your history as a juvenile for the most part.
2:13:02
It's been, it's been theft offenses, some drug offenses, a
2:13:05
weapons offense, OK, But for the most part, you're a thief and,
2:13:09
and not a very good one, I might add, because you keep getting
2:13:12
caught. So what I'm going to do with you
2:13:17
is I'm going to place you on community control for five
2:13:21
years, and after you're done with your juvenile offense over
2:13:31
here on count 2, you're going to serve another 90 days in jail
2:13:43
just on count 2. You're not.
2:14:19
They have any drugs or alcohol and you'll be screened.
2:14:48
You've never gotten a driver's license, huh?
2:14:50
You get a valid driver's license
2:15:07
going to get full employment, or you're going to engage in full
2:15:14
time schooling, or you're going to do a combination that
2:15:23
involves the amounts to full time.
2:15:36
You're going to have no contact with the individuals that you
2:15:40
stole both the vehicles from going to pay restitution in the
2:15:56
amount of $7059 to the victim that owned that vehicle.
2:16:15
And you're going to pay restitution in the amount of
2:16:25
2047 and 76 cents to the victim whose property is stolen.
2:16:40
What's your drug history? What's your drug usage history?
2:16:49
What was the last? Ten of these drugs.
2:16:55
September, huh? Like September?
2:16:59
What? September.
2:17:01
No. What's your drug use history in
2:17:03
your life? Just like.
2:17:10
What have you used? Oh, marijuana, and that's where
2:17:17
they is it and it marijuana a lot and then I'll like alcohol,
2:17:23
food and just occasionally, but not really like I don't know
2:17:32
you're. Going to get a drug and alcohol
2:17:36
evaluation and you're going to follow all recommendations that
2:17:39
are made. You're going to get a mental
2:17:40
health evaluation. You follow all recommendations
2:17:45
that are made while you're in serving those 90 days that I
2:17:53
gave you, you're going to well, actually here's what you're
2:18:02
going to do. The last 30 days of my sentence
2:18:09
going to enter into the jail treatment program.
2:18:13
Complete that. Follow all recommendations.
2:18:16
That'll be the last 30 days of that sentence.
2:18:20
And. Then when you finish that,
2:18:35
you're going to enter into the Neocamp program, complete that,
2:18:42
follow all those recommendations, and you're
2:18:48
going to get a mental health evaluation and follow all those
2:18:54
recommendations, and you're going to pay the cost and
2:19:00
supervision fees in this case. Sweet Hagen.
2:19:04
Any other terms, Your Honor? So the jail treatment program
2:19:10
which is done about. The German alcohol.
2:19:12
Evaluation, right? Yeah.
2:19:14
Thank you. You understand the terms.
2:19:17
Yes. You have any question about the
2:19:20
terms? Do you?
2:19:23
You said I'm going to neocamp after the 30 days are over.
2:19:27
No, you're, you're, you're going to finish the rest of your
2:19:29
juvenile sentence. Then you're going to serve 90
2:19:33
more days from me. The last 30 are going to be in
2:19:37
the jail treatment program. So the last thirty of those 90
2:19:42
are the jail treatment program. Then you go to Neocamp.
2:19:46
After that complete that program.
2:19:55
Any more questions about that? If you don't comply with the
2:20:01
terms of state of file a motion to terminate your community
2:20:04
control. And if I find you're violated,
2:20:07
it's it's 18 months in prison now.
2:20:17
So by my count, you're going to be over here.
2:20:21
Until probably early September, then you got to go to Neocat for
2:20:27
some period of between four and six months.
2:20:34
So about about a year from now, you'll either come to the
2:20:47
realization that this hasn't worked so well for the last 9
2:20:53
1/2 years and you'll do something different, or you'll
2:20:58
come out and do the same thing. I don't know.
2:21:05
He don't know. He don't know.
2:21:06
They don't know. You don't know.
2:21:12
But it's completely within your hands.
2:21:21
Anything else, Mr. Noff? Just to be clear, you are.
2:21:24
It's only on count 2. It's 90 days, none of the other.
2:21:27
Only on count 2. OK, there's a specific reason
2:21:31
for that, in case you're wondering.
2:21:34
Mr. Fatika could probably explain that to you.
2:21:37
Remaining charges are dismissed. Anything else, Mr. Fatika?
2:21:40
No, thank you. All right, friends, just a quick
2:21:47
programming reminder. At some point during the 4th
2:21:49
hour today, we will switch to Dungeon Court.
2:21:52
If you're new to the channel, you have to experience Dungeon
2:21:55
Court. It's something special.
2:21:56
So I told you I had a career idea for this guy.
2:22:01
But it does hinge on a change happening.
2:22:03
I'd read a week or so ago when I was paging through the news that
2:22:08
there are several senators who are trying to get rid of the
2:22:13
zombie filibuster and go back to the regular filibuster where you
2:22:17
actually have to get up in front of the Senate and keep talking
2:22:21
and keep talking and keep talking and not stop in order to
2:22:24
get a bill like held up. Right now, they just do it
2:22:29
procedurally. And I kind of miss the old days
2:22:31
when they would just whip out the phone book and start reading
2:22:33
from it. So if that passes, I think this,
2:22:38
this kid needs to get into the Senate.
2:22:40
I think he's got a great feature.
2:22:42
Whatever party he goes in with doesn't matter.
2:22:45
But he would be their official filibuster guy.
2:22:48
And I think he would do well. He could go for hours, maybe
2:22:51
even days. He has incredible stamina and I,
2:22:55
I think that'd be great. So just my thought.
2:22:59
I think he has a future. And you know, the Senate pays
2:23:01
well too. If we look at anybody in
2:23:03
Congress, you know, they, they're all millionaires.
2:23:05
Now. Another discussion for another
2:23:07
channel at another time. El Paso, our favorite jail
2:23:12
magistrate. Julian de Luna.
2:23:15
Julian what de Luna? Yes, de Luna space stop.
2:23:21
Mr. De Luna is here on. One count of indecent exposure
2:23:37
$10,000 bond risk assessment, Level 3 DUI arrest out of New
2:23:44
Mexico. He says his family can come up
2:23:48
with $2000. Miss Cabello.
2:23:53
You're muted, Miss Cabello. Mr. Laluna, if you're released
2:23:59
from jail, where would you live? What's your address 14?
2:24:03
North Gray Quail Place, Anthony, NM.
2:24:08
Who do you live with at that address?
2:24:10
My girlfriend. OK.
2:24:12
And how long have you lived in El Paso?
2:24:16
I live in New Mexico. I'm sorry, how long have you
2:24:19
lived in New Mexico? Yes, in this area rather.
2:24:22
My whole life. OK.
2:24:24
What is the highest grade of school that you finished?
2:24:27
High school diploma. What high school?
2:24:30
Did you graduate? From.
2:24:31
Gaston High School in Anton, New Mexico.
2:24:35
And what family? Do you have here in the area?
2:24:38
Just my aunts and my grandmother.
2:24:42
Do you work? Yes, I work.
2:24:44
Where do you work? A&M Landscaping.
2:24:50
Do you have any diagnosis like anxiety, depression, PTSD,
2:24:54
anything like that? No, ma'am.
2:24:58
Do you receive any government benefits?
2:25:01
No, ma'am. Do you have any money that you
2:25:04
can pay towards your bail amount?
2:25:09
I don't have any, but I have someone that can.
2:25:13
How much can you afford? Right now we were able to come
2:25:17
up with the 1000. Haven't spoken to a bonding
2:25:21
company. Yes, but we haven't gone
2:25:25
straight through everything yet. I spoke to 1.
2:25:29
OK. All right.
2:25:31
Where can you be reached? What's a phone number where you
2:25:34
can be reached? 915.
2:25:44
Your Honor, based on the information provided, we're
2:25:46
respectfully requesting a bond reduction or any relief.
2:25:49
The court might find. Fitting at this point.
2:25:51
Thank you. Miss Carmona.
2:25:54
Yes, Judge. So this occurs at the TJ Maxx on
2:25:58
6450 N Desert Blvd. The police arrive and they speak
2:26:04
with Amber Hernandez who is the loss prevention officer.
2:26:09
She stated that the defendant was still inside the store and
2:26:12
described gave a description of him.
2:26:14
So they walk up to him and they pen to detain him pending an
2:26:17
investigation. They meet with Hernandez in the
2:26:19
office and look at the surveillance footage.
2:26:24
You can see the defendant shows him walking the aisles, appears
2:26:29
that he appears to them that he is recording female shoppers.
2:26:33
He then grabs a black sweater and uses it to cover his groin
2:26:36
area. He then grabs his penis and is
2:26:38
seen masturbating on camera. The loss prevention officer said
2:26:43
she recognized the defendant from a previous incident and
2:26:46
therefore called the police. There was also a.
2:26:52
What type of previous incident? Miss Carmanas.
2:26:54
It just says previous incident. It says the complainant stated
2:27:02
they met with another complainant who was also lost
2:27:04
prevention at the store who stated Hernandez had recognized
2:27:08
him and told the complainant to keep an eye on him while she
2:27:12
called the police. And while he was doing that, he
2:27:14
observed the defendant also with his penis in his hand and saw
2:27:18
him masturbating in the women's clothing section.
2:27:21
And of course, the both were offended by the defendant's
2:27:26
actions. OK, All right, Sir, I'm going to
2:27:33
reduce your bond to $2000 with conditions that is cash or
2:27:37
corporate surety. You're going to be under
2:27:39
intensive level supervision, don't use drugs or alcohol, stay
2:27:43
in contact with the PR bond office and do not commit any
2:27:46
further crimes. In addition, you must stay 200
2:27:49
yards away from any TJ Maxx or home store goods in El Paso
2:27:54
County, Texas. And in addition to that, I'm
2:27:58
going to order a Tokumi screening that is a mental
2:28:00
health assessment. In your order, comply with all
2:28:03
treatment recommendations. Do you understand?
2:28:06
Yes, Sir, do. You have any questions?
2:28:08
No, you're not. Alright, thank you very much and
2:28:11
have a good day. You too.
2:28:23
What is your name, Sir? Adam Ortiz.
2:28:27
Ortiz. All right, Mr. Ortiz is here on
2:28:34
a resisting arrest and criminal trespass risk assessment level
2:28:40
4/20/18 Conviction for Agustaw with deadly weapon, continuous
2:28:45
violence against the family 3 convictions for possession of
2:28:49
marijuana, DUI history, No money for bond.
2:28:53
Miss Cavevo. Thank you, judge.
2:28:57
Your Honor, Mr. Ortiz would respectfully request a release
2:29:02
through re entry. If he is.
2:29:04
Released. He's lived in El Paso his entire
2:29:06
life. He is AUS citizen, He went to
2:29:09
Parkland High School. He has his son and his mother
2:29:12
here in El Paso, as well as an 8, sorry, his eight-year old
2:29:16
son, as well as his mother here in El Paso.
2:29:20
He is currently not working and therefore doesn't have a source
2:29:22
of income. He can be reached at 915. 4.
2:29:29
If released, he indicated that he just finished a rehab
2:29:33
program. He has no money to post so he is
2:29:37
asking for PR bonds or any relief the court might find
2:29:41
fitting. Thank you.
2:29:42
Judge. Miss Cremona.
2:29:44
Yes. So the victim of the case is his
2:29:46
mother, I'll spell her name, AWILDA Ortiz, the address being
2:29:52
5913 Falcon. Basically she stated that she
2:29:57
was notified by a neighbor that her son had entered her
2:30:02
residence. The neighbor told her that they
2:30:05
saw the sun jump the fence, which is I guess a 12 foot
2:30:10
wooden gate, and access the backyard to the residence.
2:30:13
So she went ahead and wait, went home.
2:30:16
She arrived at her residence, she opened the door and she been
2:30:18
to call out for the defendant. He responded from inside the
2:30:21
residence that he was there. She told him several times that
2:30:24
he needed to leave, which he refused.
2:30:27
She says that he has not lived at that residence for over a
2:30:30
year and a half and she never gave him permission to be
2:30:32
allowed inside the residence. So they go ahead and she goes
2:30:37
ahead and calls the police. The police arrive, they find him
2:30:41
in the backyard of the residence.
2:30:43
He's being pretty uncooperative with the officers not wanting
2:30:47
to, you know, come come out from the backyard and then of he ends
2:30:53
up resisting arrest. Was she the victim on the AG
2:30:58
assault? Continuous violence against a
2:31:00
family. We'll look that up.
2:31:02
I can look that up. Enriqueta Vargas, Yeah, she not
2:32:04
the same. Victim.
2:32:06
Not the same victim. All right, Sir, You'll be really
2:32:10
well. You won't be released today.
2:32:11
You'll be released on APR bond under intensive level
2:32:14
supervision. You are ordered not to use drugs
2:32:17
or alcohol. Stay in contact with the PR bond
2:32:19
office and do not commit any further crimes.
2:32:22
You are to have no contact with the complainant In this case.
2:32:25
You must stay 200 yards away from her residence and you may
2:32:29
not possess any weapons, firearms or ammunition.
2:32:32
You're going to be transported on Monday between the hours of
2:32:35
eight and five to participate in the re entry program.
2:32:38
Do you understand? Where is that?
2:32:41
That's at the rescue mission on. The.
2:32:45
Resisting arrest is just going to be under administrative
2:32:48
conditions. Don't commit crimes and stay in
2:32:50
contact with the peer bond office.
2:32:52
OK, any. Questions Mr. Ortiz What?
2:32:54
What day is it? What day do I get Monday?
2:32:57
Actually Tuesday, because Monday is a holiday.
2:33:00
What's today? Today is Friday.
2:33:03
OK, OK. All right, thank you very much.
2:33:06
Have a good day. All righty.
2:33:07
Thank you. I.
2:33:15
Have a question, How are they going to bring my previous
2:33:16
charges? They.
2:33:19
Do bring up your history. Then I'll just look at last.
2:33:23
How long? OK, that's fine.
2:33:24
Have a seat. You are the last one.
2:33:25
Guys. Let's go back.
2:33:27
Let's go back. Sure.
2:33:30
What is your name? Oh.
2:33:33
Sorry. Can I miss a team of Smith all?
2:33:43
Right, Mr. Smith is here actually the banking I.
2:33:47
Will pay. For indecent exposure, $10,000
2:33:56
bond risk assessment Level 3. He is currently on deferred
2:34:01
adjudication on 2 cases of indecent exposure, 1 from 23 and
2:34:07
the other one from 2025, and 1 is indecency with the child by
2:34:12
exposure. It's a felony offense.
2:34:15
She says he has $500.00 for bond.
2:34:17
Miss Cavedo, thank. You judge, and I'm sorry I
2:34:20
missed the name. Cannabis Sativa Smith.
2:34:32
Thank you, Judge. Your Honor, Mr. Smith indicated
2:34:36
that he lives with his girlfriend and her family at
2:34:39
12050 Gustavo St. He has.
2:34:44
Lived in El Paso. For about four years, he went
2:34:47
all the way up to El Paso Community College.
2:34:50
He has his. Girlfriend here in El Paso.
2:34:53
He. Let me see can be reached at
2:34:57
513426 0258. It looks like Judge this case
2:35:09
predated his probation. Case let.
2:35:14
Me see he has about $300 that he can post and he indicated or he
2:35:26
has to be proffered that he's done everything, he's compliant
2:35:30
with his probation. Case.
2:35:34
Thank you. I think he's got a detainer out
2:35:38
of the 171st. Miss Carmona, go ahead.
2:35:41
Yes, Judge. So yes this occur.
2:35:43
He pled guilty, excuse me, on 2/11/25 on that indecency with a
2:35:50
child on deferred. He also pled on an indecent
2:35:54
exposure on 12/12/25, but that was a motion to revoke that he
2:36:00
pled guilty to. And then he got 2 indecent
2:36:03
exposures dismissed on 1/22/25. So all right.
2:36:08
But yes, this was before 7525. The victim in the case stated
2:36:12
that she went to a movie at the Cinemark at Siela Vista.
2:36:18
She was sitting there watching the movie.
2:36:21
She said that she saw something out of the corner of her eye,
2:36:23
the defendant moving, but she thought maybe he was just
2:36:25
uncomfortable. She then noticed that he
2:36:29
continued to move, so she looked over.
2:36:31
She turned her head and saw the defendant had his private part
2:36:34
exposed. She stated that that when they
2:36:41
asked her what what she meant by that, she said his penis.
2:36:45
She then tried to grab her cell phone in order to record, but
2:36:49
she said that she thought maybe the defendant knew what she's
2:36:52
doing because he lifted his armrest.
2:36:54
So then she kind of hid her phone and her lap in order to
2:36:58
get a recording. And so they, she went to the off
2:37:05
duty security or officer and showed them the, the video.
2:37:12
They were able to I guess trace who he was by purchases that he
2:37:18
made with his like Cinemark card.
2:37:21
It was to a certain phone number and a certain e-mail.
2:37:27
And then from there, I guess he came back to the Cinemark on
2:37:33
7/15/25 and then they were able to match then, you know, photos
2:37:42
fraud that she provided still photos from the video and to him
2:37:46
being there and positively identified.
2:37:49
Then they did a criminal trespass and that is about it.
2:37:55
Your Honor, I understand that this comes before his other
2:38:01
cases, but it's just concerning facts.
2:38:04
Correct. All right, Mr. Smith, I am going
2:38:07
to reduce your bond to $1000 cash, corporate surety with
2:38:11
conditions, intensive level supervision, don't use drugs or
2:38:15
alcohol, stay in contact with the Pier Bond office and do not
2:38:17
commit any further crimes. In addition to that, you are
2:38:21
ordered to stay 200 yards away from all theaters in El Paso
2:38:26
County, Texas. Do you understand all movie
2:38:28
theaters? Yes.
2:38:30
Thank you so much. All right.
2:38:31
Thank you, Sir. Have a good day.
2:38:33
Thank you, God bless you. Thank you.
2:38:36
That way, Sir, you're going to go back to your cell block.
2:38:39
Your Honor, I'm just going to take him back and I'm going to
2:38:41
bring Mr. Era Xavier the lockdown.
2:38:44
Yes, ma'am. Thank you.
2:38:49
And Judge, I'm sorry, the Spanish speaker is Macias, I was
2:38:52
looking at. Y'all know I'm a man of faith?
2:38:56
I cringed when he said God bless, let's keep going with
2:39:01
magistrates, but let's go to Clayton County, Georgia.
2:39:03
Erita Romero ouste selling put on cargo de conducid iceso de
2:39:08
velocida yes afiances, de quiniento Doleres.
2:39:13
You've also been charged with one count of driving without the
2:39:15
license. That bond is $1000.
2:39:19
Ambient selling put in cargo. The money has in the sense of
2:39:22
the conducid, yes afiances, the mill, Doleres, or a total bond
2:39:27
of $1500. Your preliminary hearing, if you
2:39:35
are still in custody, will be on March 10th at 8:30 AM Sue Sesto
2:39:42
de villa este en carcelada, Sue Audienza Preliminary cereal,
2:39:46
Isara El dia di este marzo a la soche treinta de la manana.
2:39:51
And in regards to court appointed counts, I will appoint
2:39:54
an attorney to represent you in this matter.
2:39:55
Miss Romero, do you have any questions?
2:40:17
Yes, my family came yesterday to pay my bond.
2:40:20
Can I leave now or not yet? No, just.
2:40:26
Need to. You should be released if there
2:40:30
are no holes on you, ma'am. So I don't know if why you're
2:40:33
still here at this time. Then can I call my family so
2:40:54
they can come and get me? You would have to discuss that
2:40:58
with the sheriff staff there, ma'am.
2:41:11
So what is the process? What what comes next?
2:41:19
Well, once you are released, if you're released, whenever that
2:41:22
happens as your bond has been paid the courts and or have you
2:41:28
bonded out, you should receive a notice of your next hearing
2:41:31
date. OK, compronto, I'll stay la pon
2:41:35
and liberta porqueja Also fiance entonces El tribunal de veria de
2:41:46
envia le UN si tatorio informando le cuando vaser SU
2:41:52
proxima audiencia in a criminal. But I don't understand when can
2:42:02
my family come to get me? I would have to.
2:42:08
You would need to discuss that with the sheriff's staff, ma'am.
2:42:10
If they if your bond has been paid they should release you.
2:42:19
And who are those people, deputies?
2:42:31
Are there any person she can talk to or Miss Vasquez?
2:42:34
Is there any kind of holes being shown for Miss Romero?
2:42:39
She has holes, I can't see where.
2:42:42
But it doesn't hold. OK.
2:42:45
So you can miss for me to please let her know that there are
2:42:49
holes and that's why she's not being released.
2:42:51
But we don't know where it's showing, where it is ordinance,
2:43:00
the detention. I would like to know what, what
2:43:22
is what is all about? What is that about?
2:43:26
The court does not know, ma'am, our staff, my staff is able to
2:43:29
look and see that you have a hold.
2:43:31
We just don't know where the hold is from, if it's another
2:43:33
jurisdiction, if it's a federal hold, if it's a ice hold.
2:43:37
We just don't know what the hold is at this time.
2:43:39
But there is a hold La Corte. What do I have to do?
2:44:14
Wait. Just wait?
2:44:18
Unfortunately, yes, that's that's what that seems to be
2:44:22
what's going to happen now. Now there's a Fortuna Lamente C
2:44:26
Esto Al Parise is located about it could be an ice hold.
2:44:34
OK, It is an ice hold. It is an ice hold.
2:44:38
Yes, ma'am. So.
2:44:44
So when are they going to come to get me?
2:44:47
I don't know. All right.
2:44:52
Thank you. You're free to go.
2:45:03
And can you move the camera up a little bit, Deputy?
2:45:06
I can't see him. Miss Castillo, your charges were
2:45:27
because you had no criminal history.
2:45:29
The court gave you a signature bond, but unfortunately, you
2:45:31
also have an ice hole and you're not going to be released until
2:45:35
ice comes and gets you. Then you Castile, you know a
2:45:40
port Elecho de Costeno, Tenentes Pinales.
2:45:44
Do you have any questions, Sir? Yes, ma'am.
2:46:28
My bond was paid right after I was detained.
2:46:35
OK. OK me me esposa in me Abogada
2:46:41
migration for acoustic status, initial status or matrimonial
2:46:48
considered an Americana. And, and right after that, my
2:46:52
wife and my immigration attorney, because I'm going
2:46:56
through the process of a status adjustment in immigration
2:47:01
because I'm married to a citizen.
2:47:07
Yes. And they were watching it and
2:47:20
they didn't see an immigration hold.
2:47:23
And the immigration hold didn't show until Wednesday at 6:00 PM.
2:47:31
OK. And.
2:47:41
For what I would understand, according to what the attorney
2:47:44
said, immigration had 48 hours to come to get us and otherwise
2:47:52
we have to be released. OK, well, so I don't have any in
2:47:59
regards to the vice holder immigration coming to get you.
2:48:02
That is not what this court is involved with.
2:48:05
If you have your attorney, they should be the ones giving you
2:48:07
advice on how this will go forward from this point.
2:48:11
OK, Senor Contraspe, to allow them the detention demigracion.
2:48:31
Those were. Those were the instructions from
2:48:40
my attorney that if 48 hours had passed and they didn't come to
2:48:45
get me, then I was supposed to be released.
2:48:49
All right, So it seems like you and your attorney know what's
2:48:51
going on here. And if you have no further
2:48:53
questions for me, you're free to go.
2:48:55
OK. Yes, I have another question.
2:49:25
I I know that ICE is coming to get me and and I don't have a
2:49:30
problem with that. I'm not trying to escape, but is
2:49:34
there a way that I the last few hours I can spend it with my
2:49:38
wife? And that is not something the
2:49:43
court can has any authority over, Sir.
2:49:47
That is something that Jill and or ICE would that's unless
2:49:50
you're in custody, unless we're releasing you, we have no
2:49:56
involvement with that, Sir. I mean without GPS on my leg.
2:50:09
No, I still can't do it, Sir. OK, OK.
2:50:21
I don't have any more questions. Thank you.
2:50:35
Good luck to you, Sir. Thank you.
2:50:41
Okie dokie friends. So this is a very, very sparse
2:50:45
Friday out in Courtlandia at the moment.
2:50:48
I've kind of had to go to the B team much of the day.
2:50:51
We've seen some good stuff though, don't get me wrong, but
2:50:53
a lot more magistrates and stuff than what I would normally show.
2:50:57
Sometimes that's how it rolls on Fridays.
2:50:59
I told you last week that we would be doing Dungeon court in
2:51:04
the fourth hour on Fridays because we like to do dungeon
2:51:07
Court on Fridays. But I'm going to go there 10
2:51:10
minutes early because there's just not a lot else that I want
2:51:15
to show you. So if you're new to the channel,
2:51:19
what you're about to experience is something special.
2:51:23
And it's special because it's just that bad.
2:51:27
The audio sucks, the lighting sucks.
2:51:30
It's happening in what we're pretty sure is a basement that
2:51:34
probably has leaky pipes. The lighting is held over from
2:51:39
Cold War, Soviet era kind of stuff.
2:51:42
The red carpet is the trademarked shining Crimson that
2:51:49
was created by Stanley Kubrick for his famous movie.
2:51:53
The judge is cranky. The souls of the dead can be
2:51:58
heard in the background. The printer never stops printing
2:52:01
even though it's sitting right next to the microphone.
2:52:05
Ladies and gentlemen, the guilty pleasure of TCFI give you
2:52:07
Dungeon Court and I had this down as Mr. Starr's case.
2:52:15
It was my case, Your Honor. Well, I assume it was my case
2:52:20
anyway. I have it down as a.
2:52:26
Well. It's actually an arraignment.
2:52:30
It was set for a pretrial on January 12th for you.
2:52:34
My notes of this year and Mr. Anderson did not appear then.
2:52:38
A warrant's been outstanding and was on a pretrial and review.
2:52:43
The conviction was on a resisting arrest.
2:53:20
Mr. Anderson saying he spoke to Mr. My my notes where he also
2:53:31
had a case in our municipal and at one point I ordered him to
2:53:36
comply with whatever treatment they put up for him.
2:53:49
He was, I did have a report previously from United Family
2:53:54
Recovery, but that's been a while, he advises.
2:53:57
That he's gone. Over with United Family Recovery
2:54:00
not working with the new, which is here in Chesapeake.
2:54:03
I believe I don't. Believe they sent anybody to the
2:54:05
court. Not that's what they said.
2:54:17
But he, I don't know what is. Did you say the completed
2:54:20
probation was completed probation actually municipal?
2:54:26
Work. So I I'm not sure what we want
2:54:39
to do with this. Discipline.
2:54:40
Here on there. He's still here.
2:54:42
How old are you there? Yesterday.
2:54:50
And he just had a child in mind. He just had what?
2:54:53
Oh, I think he's got. Child well, he's got this was a,
2:54:58
a resisting arrest conviction. He had fines and court costs to
2:55:03
pay and I, I believe he was ordered to comply with treatment
2:55:13
that higher municipal set up for him.
2:55:15
So I don't, I did have one report from United Family
2:55:17
Recovery and where he wasn't finished then and then he
2:55:21
didn't, he missed the hearing. So I don't have anything showing
2:55:25
these finished treatment or compliant with treatment and he
2:55:28
hasn't paid fines and costs. He says he's.
2:55:30
Able to make a payment today to be released.
2:55:36
Go ahead. All right.
2:55:46
OK. He said he's advising his queen
2:55:48
now your honor and he is willing to if he wanted to he he want to
2:55:55
place him with a different treatment providers and he would
2:55:57
walk with any providers more than treatment.
2:55:59
I'm not sure if there's any issue with the new.
2:56:01
Let's have him do it with anyone.
2:56:02
Let's do a screen. See, I'm going to go ahead and
2:56:05
try to copy Mr. in case, OK, while you're doing that, let's
2:56:09
have him do a urine screen. And I'm.
2:56:11
I'm receiving a text from Mr. Kincaid right now.
2:56:14
It's just now coming through. And also back in February of
2:56:17
this year or last year, 2025, he did get sentenced to six months
2:56:23
in jail. That was suspended and ordered
2:56:25
into treatment. And he went to TCC with AGPS and
2:56:29
then that didn't work out for him.
2:56:32
So he's got ton of a history built up here.
2:56:34
Yeah, Yeah, I think he, it looks like in around April, he must
2:56:42
have left TCC because he failed to appear for hearing them and
2:56:47
he got back here and I think at that point he had last summer,
2:56:52
he had something pending in I also and they were working on
2:56:56
the treatment. So I just said, OK, he's a
2:56:58
positive treatment, right. I think that would be like the
2:57:01
United States to recover. But from what I can see, he
2:57:03
never completed that either. So if I'm going to try to know,
2:57:07
I don't like the matter and. We can screen see.
2:57:11
Where we are OK do your screen or recall your case.
2:57:15
Thank. You.
2:57:26
Deborah Federwolf. Questioner for CRA 25328.
2:58:07
Ma'am, are you Deborah Fevoroff before we talk about the
2:58:16
charges? You're facing let me.
2:58:18
Whatever your rights, would you say I understand them?
2:58:21
You probably heard this before. It's called the Miranda
2:58:25
warnings. You have a right to remain
2:58:27
silent. You don't have to say anything.
2:58:30
You do make statements. So you're in open court.
2:58:33
It's on the record. That could be used against you.
2:58:35
You have a right to have an attorney, to have an attorney
2:58:38
appointed if you can't afford one, to have bail to make the
2:58:42
state of Ohio proof. There's only one charge.
2:58:45
Looks like the charging issue beyond a reasonable value.
2:58:48
Do you understand those things? The charge you're facing is
2:58:53
possession of heroin piece number 320-820-5328.
2:58:59
So it's last year. It's a little got a little wage
2:59:01
on it. So that's just happened in May,
2:59:04
May 22nd of 2025 in Fayette Township that you normally were
2:59:11
in possession of a controlled substance and that substance was
2:59:17
five at least 5 grams of heroin. That's a felony of the third
2:59:22
degree, carries a maximum penalty of five years in jail
2:59:27
and an $8000 fine. Do you understand the charge?
2:59:32
Do you understand the rights? I explained you have to hire a
2:59:38
lawyer. Do you have a job?
2:59:51
That's your only income. I can appoint a lawyer for you
2:59:54
if you want. Of course, you can hire one too
2:59:56
if you would prefer to hire a lawyer.
2:59:58
Do you want me to appoint a lawyer for you?
3:00:01
OK, I'll appoint Mr. Smith to represent you.
3:00:09
When did you come into our jail, ma'am?
3:00:10
What happened? Was you said I didn't have the
3:00:15
ticket. Or.
3:00:17
A court date when? You said OK, as you said you
3:00:18
still. Talk about the case, but I'll be
3:00:20
right there. What's the safe position on bond
3:00:30
for this federal Well, of course, there's an indication
3:00:34
maybe that substance abuse could be a problem for her.
3:00:40
And but she's. Been involved for quite a while,
3:00:44
so I'd. Like to know where she's?
3:00:46
Been and if she's been receiving any treatment or anything like
3:00:49
that since this charge arose, do you want to talk with her and
3:00:53
then come back and I'm going to let you guys talk to your lawyer
3:00:57
here. So the court's file and probably
3:00:58
want to ask and then when you're ready to discuss Vaughn, let's
3:01:03
available time of the report. You're welcome.
3:01:10
Patrick Markham text number TRD 2528 thirty AMD.
3:01:19
Patrick Markham is in the back. Should be OK Thank you.
3:01:37
Sir you Patrick Markham, Mr. Markham, it's alleged November
3:01:44
the 8th of 2025 at 4:30 PM, Fayette Township, as you were
3:01:53
driving a vehicle without a driver's license.
3:01:58
That is an unclassified misdemeanor.
3:02:00
There is a maximum penalty of 500 hours of community service
3:02:04
and a $1000 fine. And it's alleged you were not
3:02:08
wearing a safety belt. So that's a mandatory $30 fine.
3:02:12
If you're feeling guilty of that and it looks like people are
3:02:19
sitting out there muddy, why is he in jail?
3:02:21
It's a non jailable offense. Well, it's alleged that you were
3:02:24
supposed to come to traffic court November 25th at 4:00 PM,
3:02:29
that you failed to appear and we got a Cathy As for not showing
3:02:32
up. So that's why you're in custody.
3:02:36
You understand the charge against you.
3:02:41
You have a right to remain silent.
3:02:42
You don't have to say anything. If you do make statements, it's
3:02:45
on the record. You have a right.
3:02:47
I can't appoint a lawyer for you because you're not facing
3:02:51
approvation of your liberty, although you are in a range
3:02:54
jumpsuit right now. That's for not appearing tonight
3:02:57
over the charges. But you can hire a lawyer if you
3:03:01
want. You have a right to have a
3:03:02
lawyer, but I just can't .1 on this charge and to have bail and
3:03:07
to make the state prove these charges beyond the reasonable
3:03:10
doubt. You understand those things.
3:03:13
How do you want to plead to this charge of no operators and not
3:03:18
wearing a safety belt? OK, Yeah, it looks like there
3:03:21
was some kind of crash or got a crash report in the file.
3:03:36
OK, OK.
3:03:48
Did they? Yeah.
3:03:51
OK, so you, you that was taken care of.
3:03:53
So actually you were not at fault.
3:03:55
It looks like I've got a diagram.
3:03:57
And it does look like it was a rear end collision, which a lot
3:04:00
of those happened on 52. It's getting worse.
3:04:06
OK, well, sorry you were confused.
3:04:09
Wound up going to jail. How long you been in jail now
3:04:13
since? Monday night I just.
3:04:15
Got off work and they got me a scene of those heading on.
3:04:17
I'm still not working anymore. Take any position on this.
3:04:22
OK, Well, you that's a pretty tough lesson to learn, so I'm
3:04:27
not even going to give you a fine on this.
3:04:31
What about your driver's license?
3:04:47
OK, I'll just order you. Since you got all this jail
3:04:52
time, I'll order you to pay the court costs.
3:04:56
There is a mandatory $30 fine on where I'm not wearing a safety
3:04:59
belt, so I'll oppose that on the operator's license.
3:05:03
I won't give you a final restore.
3:05:05
You pay court costs total give you a review hearing September
3:05:12
the 4th and make it level 5 probation two years.
3:05:22
So if you pay this, the only way you could wind up going to jail
3:05:28
again is if you I can't put you in jail for not paying but I can
3:05:32
put you in jail for missing hearings.
3:05:34
So if you don't pay it and don't come to your hearing then you
3:05:38
can get a warrant for not showing up.
3:05:39
So just take care of it. You got all spring and summer
3:05:43
till almost fall starts before you have to pay it.
3:05:45
I work for Marshall. Well, you can work it off on
3:05:51
community service. What are you doing?
3:05:55
Oh, OK. You can't afford to go to jail.
3:05:56
I thought you were saying you couldn't afford to pay your
3:05:58
funds. What do you do at Marshall?
3:06:00
A utility worker. OK.
3:06:04
Is that like a utility infielder or where you go?
3:06:07
Where we're in the in or not above the.
3:06:09
Floor is trash. OK.
3:06:13
All right, well, you'll get out of jail here soon as we get
3:06:19
finished with court. Just take care of your fines and
3:06:22
mostly just court costs a $125. Nothing's going to happen bad
3:06:35
until September the 4th. If you haven't paid it by then
3:06:39
and just blow it off, then it's bad.
3:06:41
Stuff's not going to start happening.
3:06:44
So I'm giving you, you know, you got a lot of time for getting
3:06:46
taken care of. Just don't forget about it or
3:06:49
ignore it. It's not going to go away.
3:06:50
And if you forget these ladies here that work at the court,
3:06:54
they love to take phone calls. You can call and ask them what
3:06:58
was I supposed to pay or I know you got a smartphone.
3:07:02
Everybody has a smartphone, right?
3:07:05
I asked this all the time. I haven't had one person yet say
3:07:08
no, I don't have a smartphone. You can go on Google, put the
3:07:14
name of the court in, the website shows up, put your name
3:07:17
in and it'll show you your case and what you owe.
3:07:22
OK, So no excuses. OK, Take care of business.
3:07:27
September 4th. Good luck.
3:07:37
Of Ohio versus Shelby Wallace, it's number CRB 2686 AB and C
3:08:05
OK, there's three charges here. It's under case number 2686, AB
3:08:09
and C. Are you Shelby Wallace?
3:08:13
Miss Wallace? I'm just capper.
3:08:15
Let me tell you about your rights.
3:08:17
But you've heard this before. It's called the Miranda warnings
3:08:21
from a famous case, Arizona versus Miranda.
3:08:24
You have a right to remain silent.
3:08:26
You don't have to say anything. You do make statements that can
3:08:29
be used against you. You have a right to have an
3:08:31
attorney, to have one appointed if you can't afford one, and you
3:08:36
have a right to bail and make a state proof charge beyond the
3:08:39
reasonable doubt. You understand this thing, Yes.
3:08:44
OK, you've got a domestic violence, a resisting arrest and
3:08:50
a disorderly conduct. Those are the three charges.
3:08:52
So let's start with the domestic violence.
3:08:54
It's the a case. It alleges February 12th not
3:08:58
only caused or tried to cross this arm to Tyler Burris and
3:09:04
that Tyler Burris is either living in your household or a
3:09:07
member of your family. So that's what makes it domestic
3:09:10
violence. That's a first degree
3:09:12
misdemeanor. Maximum can all be a six months
3:09:15
in jail, $1000 bomb, resisting arrest to last the same time and
3:09:21
place in Union Township. You recklessly or by force
3:09:25
resisted or interfered with the lawful arrest of yourself.
3:09:30
That's a second degree misdemeanor.
3:09:32
Maximum can be 90 days in jail, $750 bomb.
3:09:36
The C case 86-C alleged disorderly conduct that you were
3:09:40
voluntarily intoxicated, engaged in conduct that presented a risk
3:09:46
of physical harm to yourself or others or the property of others
3:09:51
while you were intoxicated. That's a fourth degree
3:09:56
misdemeanor disorderly conduct. Maximum penalty is 30 days in
3:10:00
jail, $250 fine. Do you understand there's three
3:10:06
charges? How do you wish to?
3:10:09
Plead he completed not guilty. Guilty or no contest.
3:10:14
Those are your choices. No contest means I'm not
3:10:20
admitting it, judge, but I'm not denying it either.
3:10:23
And if you think what? Not to interrupt, but it's
3:10:25
dungeon Court so I can staff. Welcome to the community.
3:10:29
She asks or he. I'm making guesses, sorry.
3:10:34
Hi guys, may I ask why we're in a dungeon?
3:10:37
Because that is how Appalachian Justice is best served.
3:10:42
Just that simple. We go to Otsego County,
3:10:44
Michigan, it is best served in a converted pole barn.
3:10:48
We go to Lake County, Ohio, it's best served in a quasi
3:10:51
cathedral. You know, it just kind of kind
3:10:56
of depends on where you go as to where they feel it is served
3:10:59
best. But there they feel it is best
3:11:01
served in a dungeon. I I would I do your.
3:11:04
Honor, but I wanted. To let the court know that.
3:11:07
The. The victim in this matter, Ty
3:11:09
Lee Burris, actually has a charge against him for domestic
3:11:12
violence with Miss Wallace AS. The victim.
3:11:15
Is he in the back too or? Well, it's a different incident
3:11:20
now. I think it's worthy of mention
3:11:24
here that that this charge took place on February 12th and Mr.
3:11:31
Burris had a temporary protection order to keep her
3:11:34
away and but they were there consensually together.
3:11:40
So do you have a date that he's coming back for another hearing?
3:11:44
Yes. February 23rd.
3:11:47
Do you want to wait and censor them?
3:11:49
I, I would like that. And Your Honor, her family's
3:11:51
here and I haven't spoken with them, but my assistants haven't
3:11:54
they say that she's got alcohol issues that need to be
3:11:58
addressed. So what we would suggest is that
3:12:02
if she's willing to be assessed to go to some treatment that we
3:12:07
would be OK with her getting out of an OR bond.
3:12:10
And it might be depending on Mr. Burris's position on this and we
3:12:18
might need a special prosecutor. We might, we might agree if if
3:12:24
everything goes to her benefit and she does well in treatment,
3:12:28
there are no further problems. Maybe we'd ask the court to
3:12:31
eventually dismissed the charge instead of finding her guilty.
3:12:34
So I guess we would ask to withhold the guilty finding at
3:12:38
this time, noting that she has made the plea.
3:12:43
All right, I'll note the plea, but I won't accept it and make a
3:12:45
finding him guilty. I'll just let it hang there.
3:12:48
We're going to let you go to some treatment for.
3:12:50
Can I say that? Those charges that y'all have
3:12:52
are not. From me, my sister in law's hand
3:12:56
is also a shovel. Loss.
3:12:58
OK, well that forget everything I just said.
3:13:01
But we do want her. We do want her to go to, but we
3:13:04
don't need her there for the next hearing on the the other
3:13:08
charge because she. Yeah.
3:13:10
Right. It might confuse things if she
3:13:12
is if, if they're there. OK, so no reason to delay
3:13:18
sentencing then? No, I think that.
3:13:22
We can. Yeah, we can Go ahead and do the
3:13:24
sentencing. All right, Miss Wall, can we
3:13:29
what do you think about they're they're saying there's a
3:13:31
substance use issue here. Do you agree with that?
3:13:33
Disagree with what's your position?
3:13:47
That's not that wrong. OK, so sounds like we still need
3:13:51
to address it. Have you ever had treatment for
3:13:55
substance use issues before? How do you pay for medical
3:14:00
services? Do you have a medical card?
3:14:05
I didn't understand what you. Said.
3:14:07
OK, so you just pay out of pocket.
3:14:10
Are you working? What do you do?
3:14:15
OK, and but you don't have health insurance through your
3:14:18
work. OK, you are you live where?
3:14:28
Where's the Township? Grade 1208?
3:14:33
I saw that more. What is it?
3:14:35
Big branch? OK.
3:14:36
Do you have children? I'm thinking RRS because she's
3:14:50
close. OK, so I'm going to refer you to
3:14:53
RRS. They're right here in
3:14:55
Chesapeake. And you I.
3:14:58
Want you to go there? Get assessed, get some
3:15:02
treatment, and I'm going to make that a part of your word.
3:15:11
Is there any other other issues other than alcohol in our
3:15:16
community? There's a whole.
3:15:19
Lot of other stuff floating around.
3:15:21
She's not on drugs at all. She's never been on drugs.
3:15:24
OK. But I have she lives in the
3:15:28
house with her. Father.
3:15:30
And we're having a heck of a time getting him out.
3:15:34
OK, come up here, man. What's your name?
3:15:37
You want me to? Come up there.
3:15:39
Yeah. Talk to the prosecutor.
3:15:40
I need to talk to the prosecutor.
3:15:43
I'm a mom. I'm Sarah Wallace.
3:15:47
What's your relationship to Shelby?
3:15:49
I'm the mother. Of her mother, yes.
3:15:54
A boyfriend. Kylie, ever since she's been
3:15:56
with him, she's been a totally different person.
3:16:01
She no longer speaks to my mother.
3:16:04
She's. Lost a lot of friends.
3:16:07
She had a job at Saint Mary's. She lost her job.
3:16:13
She also, she's just we used to be super close.
3:16:19
We are no longer super. Close.
3:16:23
Her attitude totally different. She used to be super respectful.
3:16:28
She is no longer as you've been seeing, she has the look of you
3:16:34
know, it's it's she's not the same person.
3:16:40
She drinks on the daily. There's a lady that works at the
3:16:45
liquor store. Told me that she.
3:16:47
Needs to get away from the boyfriend and that she needs.
3:16:50
Some major. Help.
3:16:52
The. Liquor store lady told me that.
3:16:57
OK, Mr. Hill, Penny. Well, that all sounds.
3:17:03
Like. There needs to be a lot of
3:17:05
improvement, and I hope that that Miss Wallace is accepting
3:17:11
what his mother is saying in the right spirit because she.
3:17:15
I'm sure she's. Out.
3:17:16
Of concern now, you also mentioned something about Mr.
3:17:21
Burris being in the home and you can't get rid of him.
3:17:24
He, her father, has tried and tried and tried to.
3:17:27
He. Will not leave.
3:17:29
So it's he's living that this Township Road 12 O 8.
3:17:33
Yes, it's a little more subdivision out big branch, yes.
3:17:40
Well, here's the problem that I had.
3:17:42
Even though he's a defendant in another case, he's not defended
3:17:48
in this case. I can order her to stay away
3:17:50
from him, but I can't order, you know, I can't order him out of
3:17:55
the house because he's not here before the court on this day.
3:17:59
So I does she have a place she can stay other than within her?
3:18:03
Yes. As long as she's not on the
3:18:07
alcohol, she can come to my house.
3:18:10
OK, that's not where he is. Oh no.
3:18:14
So we want to have her assessment whether she needs
3:18:16
residential or outpatient. I guess that would be OK.
3:18:20
Well, maybe we can get, can we get that done today Outpatient,
3:18:26
you can't do inpatient, right, OK.
3:18:34
She needs also work on issues. There's something behind it.
3:18:38
There has to be something behind the alcohol.
3:18:42
Well, there often is. Is there any prior mental health
3:18:45
issues? I don't know.
3:18:47
I mean, she doesn't talk to me like.
3:18:51
You don't know of any prior mental health.
3:18:53
She hasn't been treated as far as mental health issues and she
3:19:00
she is working well, she was. Until this I mean, she may have
3:19:05
lost everything this may. Be her rock.
3:19:06
Bottom OK This residence at 12 O 8, Is that a rental property?
3:19:17
And it's her father's house. OK, where's he?
3:19:22
Oh, he's here, but he's the owner.
3:19:25
Yes. Lane contractor, Yes.
3:19:27
OK, You can put Mr. Burris out because you're the owner of the.
3:19:31
Property. You can have him evicted.
3:19:34
Right. Which is but I can't because I
3:19:36
don't. He's not here.
3:19:38
He's a victim in this case so that you can, you can file
3:19:41
something to have it put out today.
3:19:43
So we'll see. I'm sorry, he said.
3:19:45
He's leaving today, OK. He should go ahead and get the
3:19:49
eviction papers though. Shouldn't.
3:19:51
He. Yeah, Yeah, it wouldn't hurt to
3:19:53
do that. OK, I'm going.
3:19:58
I'm going to order with walls that I'm not going to go ahead.
3:20:04
I guess I will go ahead and send you in order to stay away from
3:20:07
Tolly Burris. The lady in the back.
3:20:09
Said that she could assess. Her.
3:20:11
Yeah, I've got several liver willing to do it here, so.
3:20:38
OK. So focus, you want to do an
3:20:41
assessment, so I'm going to order you stay away from Mr.
3:20:48
Burris because he's a problem with domestic violence against
3:20:51
so you can't go around then. So if he's not, well, if you're
3:20:55
an inpatient, you're going to evaluate you, that won't be a
3:20:58
problem. But if you're not, if you're
3:21:00
outpatient, then you have to stay away from him.
3:21:01
Do you understand that? I think just as a matter of
3:21:17
precaution, this is an council plea.
3:21:24
I'm going to go ahead and appoint a lawyer for you.
3:21:26
I think it's a good idea for her to have a lawyer.
3:21:28
There's a lot going on. So is Mr. Steyer over there in
3:21:32
his office? I'm going to appoint you, Mr.
3:21:35
Steyer, to represent Miss Wallace.
3:21:38
You'd like to. Withdraw the guilty plea.
3:21:39
Your Honor, I'm still going to keep the same conditions on
3:21:43
bond. Yeah, these orders stay away
3:21:46
from Mr. Burris and I want to have evaluated for treatment as
3:21:59
a condition of bond, and we probably need to come back
3:22:02
pretty quick. I'll make it a 2000 OR.
3:22:15
Yes, they're going to they're going to do an assessment today.
3:22:18
So we'll know before the week today if she's going in patient
3:22:21
her outfit, I'm here the next I'm here next Friday the 20th.
3:22:28
Yes, let's set it for them. So I'm going to set another
3:22:31
hearing. So there's so much going on
3:22:33
here. In this case, let's set it.
3:22:35
Quick. Next Friday, the 20th for
3:22:40
pretrial at 10:00. And then I'll recall her toward
3:22:47
the end of the docket to see if she's being recommended to work
3:22:50
inpatient or outpatient. Just if you want to talk with
3:22:53
her. Mr. Steyer, Mr. Court, smile,
3:22:55
who is going to? Be.
3:23:08
Right, 2630.
3:23:38
All right, Mr. Day, have you
3:23:50
obtained a lawyer? I got a lawyer.
3:23:55
For. You got a lawyer for what?
3:24:03
Our municipal? Who's did they appoint a lawyer
3:24:06
for you. You hired a lawyer.
3:24:17
So how? Well, how did you get a lawyer
3:24:19
then? OK, and who was that?
3:24:25
OK, Well, he's here. He's in the back.
3:24:28
I'm right here. He's got a pending felony
3:24:33
receiving strong property here. He had told me before he was
3:24:36
going to hire a lawyer and that hadn't happened.
3:24:40
So obviously Judge Waldo determined he was eligible.
3:24:46
I'll make the same determination and appoint you to represent him
3:24:50
on the matter here. It's a felony receiving.
3:24:57
He was out on a signature bond. Are you you have a holder from
3:25:01
our municipal now or that? That case completed.
3:25:09
January Well, he was on a newer bomb from here, so I don't know
3:25:14
why he's back in custody. OK, Yeah.
3:25:28
OK. For Myron municipal, what is it?
3:25:30
A Myron municipal, what is it? A domestic, wasn't it?
3:25:33
Yeah, he was there today. In.
3:25:36
Your trial it was. The parents got a domestic and
3:25:43
common police. You know, I mean, I guess I'm
3:25:46
just trying to figure out why he's in jail today because he
3:25:48
got to know our bone from here, right?
3:25:49
Yeah. But he got a apparently a new
3:25:51
domestic that was filed in Myron Municipal and they got bound
3:25:55
over the grand jury, maybe even indicted.
3:26:00
From the Grand. Jury I I don't think there's
3:26:03
well, there has been a grand jury since since.
3:26:05
But. Probably not.
3:26:07
Based on being that late in the mom, it probably would be.
3:26:10
Something that was. Good at this upcoming, the grand
3:26:12
jury would be my guest. OK, so apparently he's got a
3:26:34
bomb after he couldn't make. That's why he's in custody.
3:26:39
He was on a no art bond from this court.
3:26:50
Yeah, it is bound to the grand jury.
3:26:53
That case has been bound to the grand jury.
3:26:56
I'm seeing if I figure out what the bomb.
3:26:58
Was. He said 70. 5000 but that
3:27:01
doesn't. Sound, I mean, I I can't confirm
3:27:04
her about that. Want to just not leave this to
3:27:08
the grand jury, OK, since that's the situation state's willing to
3:27:15
violate this to the grand jury. Any objection to that?
3:27:20
No, Your Honor. OK.
3:27:22
K Sears and Ollie to the grand jury.
3:27:43
And in Ohio? Recalled Deborah federal #320.
3:27:47
53. 28. Mr. Smith's case.
3:28:13
So here because this is a new charge.
3:28:46
I. OK, how do?
3:29:36
You. Wish to.
3:29:42
Proceed, Judge. I spoke with Mr. Hill.
3:29:43
She. Has assessed for.
3:29:44
Residential treatment in her hometown.
3:29:46
They can take her today. I can explain what didn't show
3:29:49
up, but I have to approach the bench to do that because there
3:29:52
was a lag. If you need that information,
3:29:55
I've laid. It to the prosecutor.
3:29:56
She's agreeable to develop a treatment.
3:29:57
I don't. OK, perfect.
3:29:59
Yes, Judge, she is. Do you have a bed today?
3:30:01
Yes. Yep, we can get her.
3:30:03
Today, and State's on board with it too.
3:30:05
Yes, Now this is an F3, so she's going to have to really excel,
3:30:11
follow all the rules and show some progress.
3:30:14
So we always reserve the right to take the case in the grand
3:30:17
jury. OK, so.
3:30:21
What that means is this court is where cases can start and they
3:30:27
ultimately go to the grand jury. What they're saying is if you do
3:30:30
really well, they won't even take you to the grand jury.
3:30:32
You'll stay here. I'm going to review your
3:30:35
treatment. So if you mess up or don't, or
3:30:38
especially if you believe we have people do that, they're
3:30:41
going to take you to the grand jury.
3:30:44
If you're here in this court, there's no possibility that you
3:30:46
can go to prison. You cannot go to prison from
3:30:48
this court. You get down to the other court
3:30:51
in Ironton at the main courthouse.
3:30:52
You can go to prison from that court.
3:30:54
So if you mess up down there, they can send you to prison.
3:30:58
So if you want to take that off the table, you can do it by
3:31:01
staying here. And that means doing what you're
3:31:03
supposed to do in treatment when they tell you to do.
3:31:06
It how they. Tell you to do it, you know,
3:31:11
don't bark out order to the staff or other folks.
3:31:15
Just get good reports and ultimately you may even get your
3:31:20
case dismissed. That'd be the best possible
3:31:22
outcome. Your case is dismissed and your
3:31:24
claim you're off heroin or if you're doing fentanyl now, I
3:31:28
don't see too many heroin cases anymore.
3:31:30
It's all fentanyl now and that stuff.
3:31:34
Well, heroin's bad, too. You can overdose really easily
3:31:37
on heroin, but fentanyl's even worse.
3:31:40
So you understand. And you're going to do it,
3:31:44
right. OK, We'll take advantage of it.
3:31:49
OK, so I'm going to give you a $2000 signature bond where you
3:31:54
released to hometown for inpatient treatment.
3:32:02
Come back for your next hearing and they'll they're going to
3:32:05
give me a report when you come back.
3:32:08
Or if if you really miss that they call me before I get calls
3:32:12
like on the weekend. Deborah is really messing up.
3:32:16
She's not doing what we're she's got in a fight with somebody.
3:32:19
She's arguing with staff. Then I have just called the
3:32:23
sheriff and said go pick up Deborah or whoever Joe Bug, take
3:32:27
him to the jail because they're not doing what they're supposed
3:32:30
to. So I don't want to see that
3:32:34
happen, but that's what can happen.
3:32:38
OK, so I'd say two to three weeks, but can you you got any
3:32:43
time in February? I have the. 27th. 27th
3:32:47
scheduled. There's a time waiver for that
3:32:51
227. We're from their hearing at
3:32:56
10:00. You're welcome.
3:33:02
Hometown Repair released only today.
3:33:19
Caleb Ross here at the court that's going to CRB 2666 AMD
3:33:25
Caleb Ross. Your Honor, if I may, I went and
3:33:28
found the report from. Mr. Major, the what report?
3:33:34
What about? Dead set, Mr. Major.
3:33:36
Report. OK, You have that report, Your
3:33:40
Honor. OK.
3:33:42
Well, yeah, it's pretty short. One sentence.
3:33:46
Yeah, OK, look at that. Well, I don't think they did.
3:33:48
Oh, yeah, there's one sentence here.
3:33:50
Caleb Roth has left the program. ASA.
3:33:52
OK. So the warrant issued for not
3:34:03
appearing today and for leading treatment?
3:34:19
Yeah, that's fine. Sorry.
3:34:22
You want to start one when you're at it.
3:34:28
And Ohio versus Rachel Helmer expectation #CRV243. 20. 4320.
3:34:50
OK, let's just wait for Miss Mr. Stardon.
3:34:53
I'm right here. Probably is.
3:34:55
Oh, OK. I did.
3:34:56
Rachel Helmer pretrial review. Yes.
3:35:07
Thank you. So it looks like she's going to
3:35:29
be. Are you going to be looking for
3:35:30
additional work or a different work?
3:35:33
Or how's that going to go? Says your hours were reduced.
3:35:38
Yeah, I'm looking for additional.
3:35:39
OK. And you still have fines and
3:35:44
costs and community service here to me, too.
3:35:51
How much are we looking at at this point of the community
3:35:53
service to find the cause of familiar owner?
3:35:55
Nothing's been done. 5 days community service, $400 to.
3:35:58
OK, So continue to monitor. Yeah, we can come back on this
3:36:06
one. What sort of a time frame are
3:36:07
you looking at? Your owner at least Is Monday or
3:36:15
Friday matter to you? Friday.
3:36:20
Fridays are better. OK, I'm here the 6th and the
3:36:24
27th in March. For the other two Fridays, I
3:36:26
have jury trials March 27th. Thank you, Your Honor.
3:36:30
Thank you. Thanks.
3:36:38
Thank. You.
3:36:41
You're welcome. State of the hot versus coding B
3:36:49
number TRC 20. 5. 3047 AB 6D T RD251553, TRD 251873A and D TRC
3:37:00
23150. 2 TRD. 2220. One O 1. 30 me. 30 me.
3:37:23
I think the speaker outside might not be on your Honor.
3:37:25
Well ready go tell him to be in the recognize it back.
3:37:30
The speaker's in here at work. Yeah, Let's get a report.
3:38:07
What are we doing? We've got an OBR.
3:38:10
This looks like one. It should be.
3:38:11
We need a declaration of we're fighting this to the end on
3:38:15
legal issues or there's going to be a plea.
3:38:17
I don't see the best. We haven't really figure out how
3:38:20
to handle this one. He's undertaking some treatment.
3:38:23
This is charged as a third offense with a refusal.
3:38:27
Apparently I wasn't on the others, but the the other
3:38:31
offenses that make as a third offense are fairly recent and
3:38:36
happened here I believe the 22 and 23.
3:38:42
I don't know if. There's anything you know, he he
3:38:45
is working for treatment. I think this might be one that
3:38:47
we might, I mean just to put him to 1/3 defense refusal is
3:38:51
obviously going to result in pre substantial jail time.
3:38:56
I don't know if this is something where the state, if we
3:38:58
were to plead him, would be willing to hold off on
3:39:01
sentencing and let him sort of see if he can sort of show some
3:39:06
progress with treatment that might result in some
3:39:10
consideration on sentencing. Your Honor, if I may, I reached
3:39:16
out to Recovery Ranch and I I plan on going there today.
3:39:21
Is that an inpatient situation? Yeah, it's inpatient.
3:39:25
If I can request this, I would like to be court ordered six
3:39:28
months until we can figure out a solution.
3:39:32
Where's the recovery grant? I'm not familiar with that name.
3:39:35
It's here. It's there's just one.
3:39:41
I don't know yet. I don't think about it either.
3:39:45
So. If you honor if I.
3:39:52
If I may, since the 2023 and the 2024 cases since that I've been
3:39:58
doing OVP for the last two years weekly to try to get it on top
3:40:04
of this with the OVI and with the the the third offense coming
3:40:13
up to this the refusal. I was going to the car to get a
3:40:24
lighter and whenever I went to the car, an officer had pulled
3:40:29
up to my driveway and I got out of the vehicle and he stated
3:40:33
that there was a hit and run that I had no knowledge of.
3:40:37
And then he asked me for the field sobriety test.
3:40:41
So that's we need to leave and the.
3:40:44
Yeah. Again, like I was, as I was
3:40:50
saying, I think treatment is definitely something we need to
3:40:55
be looking at here. I don't know.
3:40:58
Again, if the. State's willing to comment on
3:41:01
the possibility of giving some consideration on the basis.
3:41:06
Of. Of a plea or treatment, but
3:41:19
maybe. Something I need to explore a
3:41:20
little. Further, I'm going to maybe ask
3:41:22
for one more, one more pre trial at this point and come back and
3:41:26
speak to the state. So Mr. Mead did have two of the
3:41:36
eyes previously that were pending at the same time and he
3:41:41
pled guilty for those and he was ordered to go to treatment and
3:41:49
he was at OVP. This is the last note I had was
3:41:55
from September the 2nd 2025 in which he did not appear with.
3:42:00
A bench warrant issued. I don't know what happened
3:42:04
between then and when he got this new charge, but he's kind
3:42:08
of, he had, he had his first hearing on arraignment in
3:42:14
December and then in pretrial January 9th and today.
3:42:18
So it looks like he's been to his pretrial.
3:42:20
Yeah, December 19th was the arraignment on this.
3:42:24
So whatever happened prior to that was before I came on the
3:42:27
case. So I don't really know for sure.
3:42:30
But I don't know what the disposition, the final
3:42:33
disposition was on those previous two of the odds,
3:42:36
whether he's been sentenced completely and the cases were
3:42:38
over. There is a judge for entering
3:42:42
the law. I believe they're.
3:42:46
All. Set for so he still is on
3:42:52
probation and and the idea of him going to treatment someplace
3:42:58
is sounds good to me and you know, if he has some basis to
3:43:04
want to contest the case obviously.
3:43:06
You know. We can do that, make their
3:43:09
challenges to the case, but in the meantime we'd like to see in
3:43:14
treatment if on the old cases, if for no other reason because
3:43:19
they're still. Before the court.
3:43:21
And he's mentioned that he would go to treatment.
3:43:25
So and then we just see what happens on this current case.
3:43:30
OK. I'm not familiar with Recovery
3:43:32
Ranch though, so I don't know anything about that.
3:43:37
Do they have anybody here? OK.
3:43:41
Your Honor, if I may I. Got a year's surprise?
3:43:44
Speak to me. I got a year's surprise.
3:43:47
Talk to your. Lawyer, I got a year's.
3:43:51
Surprise. And they gave me a chance to get
3:43:53
a lot and give a lead. It's a good foundation, OK.
3:43:56
Well you're not court ordered to go anywhere at this point.
3:44:01
I don't get. Is he still court ordered to OVP
3:44:03
though? I'm actually not clear on that.
3:44:06
As I say he's not court ordered anything at this point, but I'm
3:44:08
not sure if he's court ordered the OBP or not.
3:44:11
Well the the judgmentry makes it look like at that point he had
3:44:16
finished treatment because there was no driver intervention
3:44:20
program. This is back in 23 February, 23,
3:44:25
because apparently we've called in for quite a while before he
3:44:28
did. The treatment.
3:44:29
But then now he's got this. See the other case, make sure
3:44:34
it's the same. Yeah, he was.
3:44:46
And then he he was at ODP. We also went to Shawnee and
3:44:53
Portsmouth. For that.
3:44:58
And that was impatient, it looks like.
3:45:08
Well, for for the moment. I'm going to.
3:45:12
I'd like to talk to Mr. Hill a little bit more about this
3:45:15
matter. See if we can't.
3:45:17
Come to some kind of. Some sort of an arrangement
3:45:19
before we do anything further and I'd like to come back again.
3:45:21
I'm I'm here the next several Fridays.
3:45:25
I have some stuff on Mondays coming up trial wise.
3:45:28
So Fridays like I'm here the 20th, the 27th and the 6th.
3:45:32
So if one of those days would work past that, I'm here the
3:45:39
second, the 9th, 23rd and 27th of Mahler because I have a fair
3:45:45
number of jury trials scheduled at the moment.
3:45:48
OK, well, he's not under a current order for treatment, but
3:45:51
here's what I would say. I mean, I don't know anything
3:45:55
about Recovery Ranch. He can go there if he wants, but
3:45:58
we can call it a trusted provider because they have not
3:46:02
presented their credentials to the court and asked to be
3:46:05
considered a trusted provider. Would there be a time frame for
3:46:08
them to do that, Your Honor? Well, no.
3:46:10
There's if you have like a. Like a monthly meeting or
3:46:11
anything of that nature. No, OK.
3:46:14
There's something. They need to make arrangements.
3:46:16
They need to do that. They need to be here.
3:46:18
They're going to work with the court.
3:46:19
They need to be here on a regular basis, you know, to have
3:46:23
some place in Chesapeake that I'm not aware of.
3:46:25
And I see hundreds of people treatment every year and I'm not
3:46:28
aware of them. That says something.
3:46:30
So I'm skeptical. We'll say that I'm skeptical.
3:46:33
So you got some proof, bring before the courts.
3:46:36
And Mr. Mead, that may not be the best place to go.
3:46:39
There's plenty of other places that are here on a regular basis
3:46:43
and I would consider trusted provider.
3:46:45
So maybe you should go to one of those.
3:46:46
When do you want to come back? Can we do the 6th, Your Honor?
3:46:53
6th of March. All right, March the 6th will be
3:46:57
the next hearing at defendants report and well, he's not here,
3:47:02
but I'll sign his little form later.
3:47:07
Thank you. State of Ohio, recalls Ethan
3:47:26
Anderson back and holding. That's number CRA 24. 706, yes.
3:47:33
You. Have a copy I'm not seeing here
3:47:47
on there. I will explain to it and your
3:48:18
Honor, if I may. I know.
3:48:21
Please. I spoke to Mr. McKay from our
3:48:28
municipal board, who advised that he but I've got the text.
3:48:32
Messages. And the select your lawyer speak
3:48:36
for you Sir, that he completed his probation in he successfully
3:48:40
completed the probation in Ironton on the 26th of December
3:48:46
2025. So just a month or so a month
3:48:49
and a half ago, he pulled a pay his fines.
3:48:52
And doesn't. Need service and all of that.
3:48:54
He called the other. Day and I don't exactly.
3:48:57
What day this was in the last? Four to five days.
3:48:59
He called Mr. Kincaid and advised at that time that he had
3:49:03
his baby. He had perfect baby.
3:49:05
His partner had had delivered the baby at Kings Arc Medic
3:49:09
Center over in Kentucky and the stress of that caused him to
3:49:14
relapse. He was found by some employee of
3:49:17
the hospital in a bathroom in the hospital, unconscious.
3:49:22
They revived him and basically said you're going to have to at
3:49:26
least go to our prices unit in detox.
3:49:28
He did that I guess sometime after that they released him and
3:49:32
he ended up getting arrested on January here.
3:49:34
He missed a hearing here on the 12th of January and that we were
3:49:40
the warrant came from this is from today, right.
3:49:43
And so, yeah, I, so I think it's possible that what he has.
3:49:47
In the system now. Is remaining from that relapse a
3:49:52
month ago? No, not a month ago. 4 like 3 or
3:49:54
4 days. Ago.
3:49:55
Oh I thought he said it was in January.
3:49:57
No January was getting a score the day HE3 laps like 3 or 4
3:50:02
days ago. So he's got 3 or 4 days and so
3:50:08
and we got a bunch. I mean, yeah, he blew out the
3:50:11
attempts he does take. He does take certain medications
3:50:15
that would that would trigger some of those anyway.
3:50:18
And he's making gotten some medication.
3:50:21
There are certain things there that are not looking.
3:50:25
I mean, I'm not going to argue that everything there is.
3:50:28
I don't think it's quite as bad as it looks, but I don't think
3:50:30
it's as good as good either. Is what I'm going to say.
3:50:33
Well, how did he wind up getting back in custody?
3:50:38
Where were you raised at? Home.
3:50:39
I was at. My grandmother's house.
3:50:41
And it was we was working on getting into a treatment
3:50:47
facility. But no to.
3:50:48
Take it just off so my grandma. Call that I didn't run from is I
3:50:53
got. Picked up at my grandma's house
3:50:55
in. The front yard.
3:50:56
So she's called complaining about you and the police came
3:50:58
out. Well.
3:50:59
She didn't complain about me, she just wanted me to go to
3:51:01
rehab and that's somewhere that we knew, like get me.
3:51:03
Taken. Care of well, in my experience I
3:51:07
don't think the sheriff comes out just because somebody calls
3:51:10
and says my grandson wants to go to treatment.
3:51:13
Probably called off and said yeah he's here bugging me, he's
3:51:16
threatening me whatever. And then they come out and
3:51:20
arrest you. He probably needs to go to detox
3:51:24
with what I'm saying. Carvin, you want to talk to Mr.
3:51:31
Anderson and make sure Mr. Turban sees this?
3:51:38
So in any event he needs, he's either going to be in jail or
3:51:42
detox. I'm going to set a new bond of
3:51:46
$10,000 cash security. Is grandma here today?
3:51:51
No. OK.
3:51:54
If she's watching on YouTube, Grandma, do not post his bond.
3:52:01
He needs some consequences. This is going to be a turning
3:52:03
point but not to keep. Bond him out of jail and let him
3:52:07
keep doing what he's been doing. If you don't enable.
3:52:14
OK, let's set it for another hearing.
3:52:18
Pretty clear. I'm here next Friday.
3:52:21
You're all set for next Friday which is the 20th.
3:52:24
I would ask that if Mr. Carbone is able to take him to detox,
3:52:29
that the bond be reconsidered. Oh, yeah, He'll have.
3:52:32
I'll give him an OR bond then. But maybe.
3:52:37
I don't know. I'll have to think about whether
3:52:39
it's with the monitor or not. May have to get a monitor.
3:52:47
This is for your own good. I mean, you're ungrateful.
3:52:50
OK. I just had to be creative.
3:52:52
Yeah. And the best thing you could do
3:52:53
for that kid that just entered this world is to get clean and
3:52:57
be a father. That's all I had.
3:53:00
You got a chance to do it, but man, you got to do it.
3:53:03
You got to want to do it, and you got to make that the number
3:53:06
one priority. OK, so let's do that.
3:53:10
Let's make the number one priority.
3:53:11
You getting clean? You're welcome.
3:53:17
Stand of a lot. Versus Marcus Frazier.
3:53:20
All right, friends, that's a good place to call it for today.
3:53:23
Programming note for Monday. It is technically Presidents
3:53:28
Day, but if I recall from last year, there was a decent amount
3:53:30
of courts still running. So I'm going to do a live show.
3:53:34
And if nothing else, I've got a whole backlog of old parole
3:53:41
board hearings that we can watch.
3:53:43
So maybe we flip through those and some first appearance courts
3:53:45
or maybe there's some good courts or I don't know, but
3:53:47
we're going to put together something.
3:53:49
So we will be here for that. Normal time. 9:00 AM Eastern,
3:53:52
6:00 AM Pacific. Half an hour early for channel
3:53:54
members. Ball goes according to plan.
3:53:57
I should have some best dubs for you this weekend as well, but I
3:54:01
do have to make them yet. So just got to have things not
3:54:06
getting my way today. I had fun today.
3:54:09
It was good hanging out with you guys.
3:54:11
I hope you guys enjoyed it. I want to thank everybody for
3:54:15
their generosity, the generosity of your time just tuning in and
3:54:19
spending time with me this morning, the generosity
3:54:23
obviously of your money with the the Super chats and the gifted
3:54:27
memberships and all of that. We got to make some new friends
3:54:29
today, which was great. We got to see Kaz again.
3:54:32
Kaz, thank you again for hanging out with us.
3:54:35
I know you've been so busy in the mornings and it was nice to
3:54:38
see you again and I hope you'll be able to join us again soon.
3:54:41
So thank you so much. Up again.
3:54:43
We'll see you on Monday, except for sidebar panelists.
3:54:48
I'll see you in a few minutes backstage, but the rest of you
3:54:51
see you on Monday. Take care, God bless.