He Tried To Defend Himself in Court. It Did Not Go Well.

Added: 2026-06-07

[00:00:00]Your Honor, this is a con- this is an eviction for conduct.

[00:00:03]Uh the conduct in question uh occurred on or about April 14th of 2026, wherein the defendant uh confronted and harassed contractors performing authorized work on the premises.

[00:00:18]Premises being uh apartment number 332 at 809 South Lamar Boulevard, Austin, Texas 78704.

[00:00:27]Uh the defendant allowed dogs to uh bark and chase workers creating a safety hazard. The defendant then jumped the fence, physically approached, and engaged in aggressive conduct, including pushing a worker and forcibly uh taking and throwing his phone. Uh the defendant then returned the following day with additional individuals, escalated uh the con- the confrontation, uh and blocked workers from uh from leaving the proper- from leaving for from leaving the area, forcing them to retreat from the property for their safety. Uh the defendant further returned back to the into the office and made a comment to staff that the owner would have a death on its hands if something wasn't done with respect to this matter. Uh these are all uh it's These are uh in violation of the lease section 10 of the lease, which provides they must follow the community policy.

[00:01:27]Section 11 of the lease, which provides that the defendant communicate and conduct themselves in a lawful, courteous, and reasonable manner at all times when interacting with uh any any property anybody with management or anybody associated with the property or other residents. Section 11.1 of the lease provides that uh that if the defendant, any occupants, or guests engage in unlawful, discourteous, or unreasonable behavior, uh including but not limited to engaging in criminal conduct, threatening violence, or in any way that may alarm others, or behave in a loud, obnoxious, or dangerous manner, or disturb, threaten the rights, comfort, health, safety, and convenience of others. And then under 23.1, uh the landlord is entitled to uh uh due to these defaults, the landlord is entitled to uh terminate the lease. A valid notice to vacate was delivered by email and US uh certified mail and US mail on April 27th to 2026.

[00:02:27]Um Uh we are asking for possession, costs, and attorney's fees.

[00:02:37]>> All right.

[00:02:40]Are you going to call any witnesses?

[00:02:42]>> Um the witness for this >> sir, sir, the plaintiff has to prove their case. He's given an opening statement. Now, he's got to prove it, sir. You're going to get a chance. Mr. Dunn, >> Yes, Your Honor.

[00:02:52]>> Okay. Who are you going >> with me today. This is Christine Shirley with me.

[00:02:59]>> Good afternoon, ma'am. You were here for the beginning to hear the swearing for statements and witnesses.

[00:03:04]>> Yes.

[00:03:05]>> Okay. Just remember that. Go ahead, Mr. Dunn. You can ask questions of your witness now.

[00:03:09]>> Where are you currently employed?

[00:03:12]>> Windsor Self Storage.

[00:03:13]>> And what is your position there?

[00:03:14]>> Resident Services Manager.

[00:03:16]>> Are you familiar with the lease records and payment history for the tenant?

[00:03:19]>> Yes.

[00:03:20]>> And I'm showing you a document. I don't know if I'm going to be able to screen share off of a tablet, Your Honor. I apologize. I'm going to try to.

[00:03:30]>> Well, then I'll authorize it. I'll just I just give a cautionary tale, Mr. Dunn.

[00:03:33]Make sure when you hit share, you're only sharing the document one that you're not going to have any instant messages pop up to tell you that you're losing a bid on eBay or something.

[00:03:40]>> Christie Shirley, um do you recognize this document that I pre-marked as exhibit A?

[00:03:46]And what is this document?

[00:03:48]>> It's just the lease.

[00:03:50]>> And is this the lease agreement that's in uh in effect through today and at the time of the incident that occurred on April 14th, 2026?

[00:03:58]>> Yes.

[00:03:59]>> And this is uh uh 4809 South Lamar Boulevard number 332. Is that correct?

[00:04:06]>> Yes.

[00:04:07]>> And that's for Austin, Texas 78704?

[00:04:10]>> Yes.

[00:04:11]>> Your Honor, I move to admit exhibit one I'm sorry, exhibit A, the lease agreement.

[00:04:16]>> Mr. Radikowski, any objection to this being an accurate copy of the lease between the parties?

[00:04:21]>> Nope, that is accurate.

[00:04:22]>> Uh real question, just as a side note, I looked at that lease. Is it accurate that the flat monthly rent is 1839?

[00:04:32]>> There is a I know there's additional fees associated with it.

[00:04:35]>> Yeah, I know. In an eviction, we just care about that number C, base rent. I see 1839. Is that accurate?

[00:04:42]I know. I know. There's all this other stuff that they add into it. I'm just But is the 1839 is that correct, Mr. Radikowski?

[00:04:49]>> Uh Your Honor, I am unsure. What I do know is I'm all updated on rent and been paid up.

[00:04:55]>> I I know this isn't a non-payment case.

[00:04:57]This is about conduct. I still have to know the rent if someone wins or loses to determine a balance. So, I'm just trying to figure out what the monthly rent is. It said 1839. Is that accurate?

[00:05:07]>> That seems correct to me, yes.

[00:05:09]>> All right, Mr. Dunn, is it 1839 a month?

[00:05:12]>> Yes, Your Honor.

[00:05:13]>> Okay, cool. Y'all keep moving on. I'm just trying to fill in my information that I'll need regardless.

[00:05:19]Okay, so you don't know the lease between the parties?

[00:05:21]>> No.

[00:05:22]>> And you were talking about section 11.

[00:05:29]>> Well, I'm going to If you don't mind, I'll I'd like to admit the get my second document admitted, then I'll go back, if that's okay.

[00:05:36]>> Well, go ahead, Mr. Dunn, it's your case.

[00:05:37]>> Do you recognize this document? What is this document?

[00:05:42]>> This document is a notice to vacate.

[00:05:47]>> And this notice to vacate was sent on What What's the date of this document?

[00:05:52]>> April 27th, 2023.

[00:05:54]>> Is this a true and correct copy of the document?

[00:05:56]>> Yes.

[00:05:56]>> And you are a records custodian for the property, is that correct?

[00:06:01]>> Yes.

[00:06:01]>> And it's you this this document is kept in the ordinary course of business?

[00:06:05]>> Yes.

[00:06:06]>> Uh your honor, I'd like to move to admit exhibit B, the notice to vacate.

[00:06:10]>> Mr. Rajkowski, any objection to this being an accurate copy of the notice to vacate you received?

[00:06:14]>> That is not the original copy I received. The original copy I received had um a different date on top of that, which is not April 27th.

[00:06:22]>> What was the date you received?

[00:06:23]>> I believe it was May or it was March 27th.

[00:06:32]>> Um I your honor, there was one that was sent before this, however, this document was sent on April 27th is >> All right. Mr. Rajkowski, did you receive this one as well from in the April 27th?

[00:06:45]>> Uh yes.

[00:06:47]>> Okay, so admitted.

[00:06:54]>> Okay.

[00:06:56]Now, under the uh the part of the reason that we're here today is because you received complaints uh from contractors that work with the property, is that correct?

[00:07:08]>> Yes.

[00:07:09]>> And what do was some of the the complaints from the contractors was that they were attacked by the defendant, is that correct? Is there a video of this that you were given that you'd sent that you have sent since sent to counsel?

[00:07:25]>> Yes.

[00:07:26]>> Okay, I'd like to show the video of this attack.

[00:07:31]>> Who created the video, Mr. Dunn?

[00:07:33]>> This would be the contractor that that was attacked at the time that that uh on the that the uh time of the events occurring.

[00:07:41]>> Any metadata on the on the video?

[00:07:45]>> Uh Your honor, I would be more than happy to um attest if it's correct or not.

[00:07:52]>> Have you seen this video, sir?

[00:07:54]>> Um I've requested it. They told me I could see in court. So, no, I've not seen it and I'm very aware of there is videos out there. Um I'm just curious to see what points of the videos they show.

[00:08:07]>> All right.

[00:08:08]Let's see it.

[00:08:17]Is there audio?

[00:08:18]>> No, there is no audio, your honor.

[00:08:21]>> Okay.

[00:08:25]>> In this video, do you recognize the the party that hopped over the fence?

[00:08:30]>> Yes.

[00:08:30]>> Who is that?

[00:08:33]Okay. And do you recognize >> Mr. Dunn, I wasn't able to hear her.

[00:08:36]She's very faint.

[00:08:37]>> Okay. Yeah.

[00:08:41]That's the defendant.

[00:08:42]>> I still can't hear her, Mr. Dunn. You're very clear. I'm not Put her Maybe switch spots with her so I can hear her.

[00:08:49]>> Be louder.

[00:08:49]>> Jessie Radzikowski.

[00:08:51]>> That's the person in the video?

[00:08:53]>> Yes.

[00:08:54]>> Miss Miss Radzikowski, is that you?

[00:08:56]>> Yes, your honor.

[00:08:57]>> All right, go ahead.

[00:09:01]>> And then um >> Can I see the video again, Mr. Dunn?

[00:09:05]>> I can try.

[00:09:09]Was there an ability to get a better quality?

[00:09:13]This is the This is the only video that we have. This is the only quality that I have of this video.

[00:09:20]>> All right.

[00:09:22]>> There's much more recorded than that.

[00:09:24]>> All right. This is from the contractor, sir. If you've got your own evidence, you can see it, but I mean How tall is that fence? You made some good height to get over that thing.

[00:09:33]>> I was a high jumper in college.

[00:09:35]>> Mhm.

[00:09:37]Whose dogs are those behind you?

[00:09:39]>> Uh one of them is mine, Kona, and another one is a neighbor's dog, Kota, who was uh stuck in surgery um and asked if I could let her out.

[00:09:48]>> Where are you at right now when I see you walking around with the dogs? What's that field area?

[00:09:52]>> That whole field area is an off-leash dog park. It's a regulated off-leash dog park.

[00:09:59]>> For the for the apartment complex?

[00:10:01]>> Correct. Yeah, at the Windsor Lamar community.

[00:10:08]>> Stop sharing. There we go.

[00:10:11]>> Okay.

[00:10:12]>> Now, back to the next uh I believe it was the day or the day after in question that this would be.

[00:10:24]>> Your Honor, I'm directing this >> Radkowski, I'll just give you a tip. As the defendant, be silent. You're You do not have to assist the plaintiff in trying to prove his case against you.

[00:10:33]>> Yes, ma'am.

[00:10:34]>> You will absolutely get a chance to to cross-examine and then present your own stuff, but like truly, it's Mr. Dunn's position. He's got to prove his case or he's got to at least get the ball to a certain point. Go ahead, Mr. Dunn.

[00:10:43]>> Did the defendant enter into the business office on premises?

[00:10:47]>> Yes.

[00:10:48]>> And did the defendant make a complaint to you?

[00:10:52]>> Yes.

[00:10:52]>> And what was this complaint regarding?

[00:10:55]>> The complaint was regarding that he saw the vendor um allegedly shooting a nail gun in the dog park.

[00:11:03]>> Okay. And did he say anything after that?

[00:11:07]>> He did.

[00:11:07]>> And what did he say?

[00:11:10]>> Um he said that um he would if he was to come back on property that he would um pop them and then we would have a death on our hands.

[00:11:21]>> He being the contractor?

[00:11:25]>> Can you re- >> The the person that he was referring to when when Mr. uh the the said, "If he came back, that would be the contractor." Correct?

[00:11:34]>> Yes.

[00:11:34]>> Okay. And >> Did you believe he was credibly threatening, the contractor?

[00:11:45]Yes.

[00:11:47]>> Did you believe >> after that?

[00:11:50]I'm sorry. What actions did you take after he made that threat?

[00:11:55]>> Um we asked him to vacate the office area, the lobby, um and we reported it to upper management.

[00:12:09]>> Did Did that statement disturb or threaten the rights, comfort, health, or safety of you?

[00:12:18]>> Yes.

[00:12:19]>> Did that Did that statement lead Did you believe that that in that statement that he was going to that he might do some kind of action against your contractors?

[00:12:30]>> Yes.

[00:12:30]>> Okay.

[00:12:31]And that that particular interaction um in under the lease under section 11.1 of the lease is are statements like that allowed?

[00:12:42]The statement in question being I you might have a death on your hands, I believe have a death on its hands, the owner would.

[00:12:49]>> The statement.

[00:12:51]>> And again, you requested that uh you the action that you took is that you reported it to upper management and then upper management reported it to counsel.

[00:13:01]Is that correct?

[00:13:02]>> Yes.

[00:13:02]>> And we then issued a notice to vacate shortly thereafter. Is that correct? Okay.

[00:13:10]And as of today, has the defendant paid all rent?

[00:13:17]>> No.

[00:13:18]>> And what rent has the defendant failed to pay? It's June?

[00:13:24]Uh 2026, is that correct?

[00:13:26]>> Yes.

[00:13:28]>> Okay.

[00:13:31]>> Your honor, I'd like to pass the witness.

[00:13:36]>> When is rent due under the lease?

[00:13:38]>> The first.

[00:13:42]It's the first.

[00:13:44]>> Okay.

[00:13:45]All right. Mr. Radikowski, now you have an opportunity to question the witness.

[00:13:50]>> Um I apologize if you felt uncomfortable with the things I said. I was in a very emotional situation in regards to conduct that happened the day before.

[00:14:02]>> now the last thing I'm going to say is because you don't make statements against interest when you're questioning a witness because what you just said >> Got you.

[00:14:11]>> sounded very culpable.

[00:14:12]>> Who Who else was with me when I was at the office um having this conversation with you?

[00:14:19]>> Objection, relevance.

[00:14:21]>> Because it was a >> Go ahead and answer. Was there anyone else with him?

[00:14:25]Or with you present at the office?

[00:14:28]>> Yes.

[00:14:31]>> Who?

[00:14:32]>> Do you know who who he is?

[00:14:33]>> Yes, Kevin Friel.

[00:14:36]>> And what is his relation to the property?

[00:14:39]>> He is He was a current resident and he has moved out.

[00:14:47]>> Thank you.

[00:14:47]>> I'm going to go again with relevance, your honor.

[00:14:50]>> The relevant >> Mr. Dunn.

[00:14:51]>> The relevance I have is from the documents I submitted. Exhibit E has a written statement from Kevin >> Mr. Radikowski, written statements aren't going to be admissible in court.

[00:15:01]I need a live testimony. That's why Mr. Dunn had to bring a witness.

[00:15:06]If you can get him on the phone, I'm I'm happy to hear from him, but written statements are hearsay and there's just too many problems with it because the plaintiff can't ask any questions of that person. The same thing would be true Where are you going?

[00:15:18]Mr. Radikowski, please don't get up and disregard the court. It's very rude.

[00:15:21]>> no. I'm grabbing my phone.

[00:15:23]>> got up and then walked out of the room, right?

[00:15:25]>> No, I'm sorry. You said if I could call him, so I >> I didn't mean right then and there.

[00:15:29]>> Oh, excuse me. Sorry.

[00:15:30]>> All let's move back. What other questions do you have for this witness?

[00:15:42]>> Do you recall word for word or the context of the conversation that I brought up of my frustration?

[00:15:53]>> Yes.

[00:15:55]>> And what was that?

[00:15:58]>> The the context or are you asking for details of what you said?

[00:16:03]>> Yeah, details of what I said. Do you recall any per se laws that I brought up in regards to Texas?

[00:16:13]>> No.

[00:16:17]>> Do you recall any thing that I brought up in regards to the process of what was happening and my frustration with the lack of accountability or seriousness of what I claimed the previous day being counted?

[00:16:44]>> I do recall you expressing your frustration, yes.

[00:16:48]>> And when I said there would be death on your hands, do you recall the sentences I said before that?

[00:16:58]>> Mr. Radkowski.

[00:16:59]>> I recall only a few.

[00:17:01]>> Okay.

[00:17:01]>> It it was a high-energy moment, um, but I remember the threat.

[00:17:07]>> Okay.

[00:17:07]>> Okay.

[00:17:11]Any other questions, Mr. Radkowski?

[00:17:14]>> No.

[00:17:15]>> Okay.

[00:17:16]>> Your Honor, I'd like to be heard on attorney's fees.

[00:17:19]>> Let me give a few pieces of information.

[00:17:21]So, Mr. Radikowski Your question right now to the witness.

[00:17:26]I heard you acknowledge that you said there'll be death on your hands.

[00:17:31]>> I do not recall saying there would >> You just asked her.

[00:17:36]What else you said after you said that?

[00:17:38]That was literally your question to her.

[00:17:40]Do you recall what else I said or after I said there'll be death on your hands?

[00:17:44]>> Okay.

[00:17:45]>> Okay. That is a statement against interest that proves the very allegation made by the plaintiff. For that reason, I think it is best for you reserve your right to appeal. You're beginning to say things that I don't think improve your situation and I You You absolutely can, but but if you You just admitted that to her. That is right there textbook. That's a violation of the lease that would give them a rise to evict you for a threat to the tenant.

[00:18:07]If you came in and as you just said, what else did I say after I said there'll be death on your hands? That phrase in and of itself is too much.

[00:18:16]Okay. Judgment for the plaintiff. What are you seeking for your damages today, Mr. Dunn?

[00:18:20]>> $750, Your Honor.

[00:18:22]>> Okay. That seems reasonable.

[00:18:23]>> attorney likes I'm sorry.

[00:18:25]>> I said that seems reasonable.

[00:18:27]>> Okay.

[00:18:28]>> All right. 750 plus possession and cost of court. Mr. Radikowski, either party can appeal. Recognize there's been a lot of money issue. It sounds like that's fine. There might be some issue with June. I'll let y'all work that one out.

[00:18:38]I think he's otherwise been just fine on it. So, uh reasonableness here for all things considered. Uh also it sounds like Mr. Radikowski, a lot of anger and or emotion because maybe there was some concerns about the safety of the dogs in the dog park, which is bound to arise a certain level of emotion. So, I can appreciate >> Contractor shot nails at me and my dogs.

[00:18:58]Yes. There's a lot of emotion there.

[00:19:01]That's family.

[00:19:01]>> Absolutely. That's it. So, >> And I went to the office at the time.

[00:19:06]>> bond equal to one month of rent [clears throat] Mr. Radikowski.

[00:19:07]>> That's fine. I'll just going to appeal it. It's okay.

[00:19:10]Your honor, we We'd like to I'll be seeing you again.

[00:19:12]>> All right. Hold on. Let's not >> all talk over each other. Mr. Dunn, it's 750 for our fees plus cost of court and possession appeal bond of 1839. What questions do you have for the court?

[00:19:24]>> Uh we would like we would request two times the monthly rent, but that's fine, Your Honor.

[00:19:29]>> Okay. Anything else?

[00:19:31]Mr. Dunn?

[00:19:32]>> All right. All parties are excused.

[00:19:33]Thank you very much.

[00:19:34]>> I'll see you again.

[00:19:36]>> Good luck, everyone.

[00:19:36]>> Thank you, Your Honor.

[00:19:37]>> Thank you.