In criminal law, the critical distinction between an accidental act and intentional criminal conduct lies in the presence of intent and deliberate action; Judge Raquel West emphasized that failing to report to probation, failing to complete required treatment programs, and accessing prohibited online content without approval are not mere mistakes but deliberate violations that constitute criminal conduct, as demonstrated when she stated 'That's not a mistake—that's murder' to underscore the serious consequences of intentional criminal behavior versus unintentional errors.
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Judge Raquel West Shocks Court With Brutal Murder WarningAñadido:
To me, thank you.
>> Good morning. Are you Devonta Anderson?
And Mr. Anderson in cause number 23 DCCR0288, there's a motion to revoke probation filed and [clears throat] same in 23 DCCR0290 and what is the announcement?
>> Your honor, we we don't have an agreement. Um I believe it's probably best to go to the motion.
>> Okay.
Give me just a second to get those.
>> [snorts] >> Can you print the second one?
>> I don't know if I have the the amended one.
>> I don't see an amended one.
>> I don't know. Okay.
>> I would I thought we stayed all together. I think we'll mix it up.
>> That's fine.
>> Okay.
>> [clears throat] >> Yeah, I'm good.
>> Give me just a second to get them both pulled up, print it out.
Mr. Anderson, while we're waiting on those to print out, would you best you can raise your right hand? Do you swear or affirm the testimony you're going to give in this hearing will be the truth, the whole truth and nothing but the truth? All right.
>> Thank you.
Thank you.
Same. Same by all means. Same education.
>> All right, thanks.
All right, and will your client waive the formal reading of the motions in each case?
>> rights.
>> Mr. Anderson, in cause number 23 DCCR0288, your um I have a motion to revoke your unadjudicated probation. Shows that you were placed on probation October 24th of 2023 for the second-degree felony offense of sexual assault of a child, and that was a 7-year deferred probation. Is that correct?
And in cause number 23 DCCR0290, I also have a motion to revoke your unadjudicated probation. Shows that you were placed on probation that same date, October 24th of 2023 for indecency with a child by sexual contact, a second-degree felony. And that was also a 7-year deferred probation. Is that correct?
Each of these motions allege that you violated your probations. Count one in each motion alleges that you failed to report to the Jefferson County probation department by mail or online for the months of November and December of 2023, and then January, February, March, April, May, and August of 2024.
And is that true or not true?
Count two in each case alleges that you failed to work faithfully at suitable employment and provide verification of that. And is that true or not true?
Count three in each case alleges that you failed to provide verification of performing your community service hours.
Is that true or not true?
It's just says that you didn't give proof that you did your community service hours that were required. Did you do that?
Okay, we'll just put a not true on that one.
Uh count four alleges in each case that you failed to complete a substance abuse assessment and follow any recommended treatment plan. Is that true or not true?
Count five in each case alleges that you provided urine samples April 23rd of 2024, August 13th of 2024, September 19th of 2024, November 25th of 2024, and December 5th of 2024, and then January 30th of 2025 that all tested positive for marijuana. And is that true or not true?
Count six alleged that you failed to successfully complete an approved sex offender treatment program. Is that true or not true?
Says that you were unsuccessfully discharged December 6th of 2024.
>> [clears throat] >> Count seven in each case alleged that you failed to submit to the polygraph examination as required December 6th of 2024. Is that true or not true?
Count eight in each case alleges that you failed to not enter a sexually oriented premises in that you admitted to your Harris County officer that you went into an adult bookstore. Is that true or not true?
I'm sorry. Not true?
Count nine in each case alleges that you failed to not use any online services, social media, or anything like that unless approved. And that you admitted to your Harris County officer that you accessed the internet without monitoring software. And is that true or not true?
Count eight alleges in each case that you're behind in your court assessed fees. And is that true or not true?
Did you enter your pleas of true in each case to counts 1 2 4 5 6 7 nine.
Would you um Mr. Hoffpower >> motion to amend that to 10 instead of number eight.
>> Any objection to that?
>> that again?
>> The number should be number 10 and it says number eight. Any objection to him orally amending that? All right, so that I'll change that.
In each case. Okay, so did you enter your pleas of true to those counts freely and voluntarily? And because those counts are actually true.
All right, I'm going to find in each of your cases that you entered your pleas of true to counts one, two, four, five, six, seven, nine, and 10 freely and voluntarily. Find those counts true.
Find sufficient evidence in each case to find you guilty and revoke your probation, but I'm not going to do that today. I'm going to reset your case for a sentencing hearing so that I can get a updated pre-sentence report done or an updated report done by the probation department.
Um your attorney will be able to present any evidence on your behalf and so will the state and we will come back for a hearing at a later date. All right, you can go back with the bailiff.
>> Unagreed sentence?
>> Unagreed.
>> I'll let her have >> Hold on.
Right here. All right, you're Rebecca Redo?
>> Yes, ma'am.
>> And will your client waive the formal reading of the indictment in each case?
>> Yes, your honor.
>> Give me a minute to get Ms. Redo, in cause number 23 DCCR 0928, you're charged with Hold on, let me get to that in a minute.
>> [clears throat] >> Um if y'all want to print those other ones, it might be convenient.
The next three, 210607 and then 1925.
Um All right, in this case, which is 23 DCCR0928, you're charged with a state jail felony offense of theft of property with previous convictions from November 21st of 2022.
The indictment alleges you were previously convicted of theft September 11th, 2010 I'm sorry, September 17th, 2010 in two different cases.
And then again, October 26th of 2015, and then September 21st of 2021 in three cases on that date. And how do you plead to that charge?
>> Guilty.
>> Are you pleading guilty freely and voluntarily?
>> Yes, ma'am.
>> And are all those prior offenses and convictions true?
>> Yes, ma'am.
>> And then in cause number They print it or do you want me to pull it up?
In cause number 23 DCCR2106, you're also charged with theft of property with previous convictions. The offense date from this one is September 23rd of 2023. It alleges those same prior offenses. And how do you plead to that charge?
>> Guilty.
>> And are those prior offense convictions true? [clears throat] >> Yes, ma'am.
>> And did you enter your plea of guilty freely and voluntarily?
>> And because you actually did what they charged you with?
>> Yes, ma'am.
>> And actually, um that indictment I said the 23rd day, it has been indicted has been um amended that the offense date is the 22nd day of September. Does that sound correct?
Okay.
And then in cause number 23 DCCR2107 you're also charged with theft of property with previous convictions from October 2nd of 2023.
That indictment alleges those same prior offenses and how do you plead to that charge?
And again, are you pleading guilty freely and voluntarily? And are all of those prior convictions true?
And then finally in cause number 24 DCCR 1925, you're also charged with a state jail felony offense of theft of property with previous convictions. This is from June 13th of 2024.
It alleges those same prior convictions of theft and how do you plead to that charge?
Again, are you pleading guilty freely and voluntarily? And because you actually did what they've charged you with?
In each of those four cases, I have here on the computer some documents that have your signature on them that the state has marked as exhibit number one. Before you sign these, did you go over them with Mr. Wilkerson?
And do you fully understand them?
And it's my understanding you have no agreement in your case in any of these four cases. And so you're just pleading open to me. Is that correct?
I want to make sure you understand your cases are set for trial to begin with jury selection next week. You have an absolute right to have a jury come in and decide if you're guilty or not and then to decide what the punishment is if they find you guilty. If we go forward this way, you're leaving that up to me and is that what you want to do?
>> Sorry to interrupt but the state has filed a motion to accumulate and we will be asking the court to accumulate those uh cases to the extent the law allows.
>> Okay, cuz they're all different offense dates, correct? Or at least >> Some of them are.
>> I think they are. Nope, they're all different offense dates.
>> will be moving or asking the court to accumulate those sentences.
>> And have you gone over that with your client?
>> Yes, your honor. She's aware that the state's asking for the charges to be stacked.
>> I guess part of my issue with this is, you know, that let's say I do something that Ms. Rudo doesn't like and then she has the ability to appeal and we're I mean I don't guess there's really an appealable matter, but you never know.
I don't want to waste a bunch of time and then us coming right back here, but >> And it's your job to look for the path of least resistance to resolve these cases if we are in the situation we because he's offended.
>> No, I don't disagree.
Well, we'll get where we'll get. All right, so you understand that I can give you anything from probation up to 24 months, up to 2 years on each of these cases.
And I can stack those sentences on top of each other. Do you understand that as well?
>> Yes, ma'am.
>> And you want to go forward with these pleas and um and get the sentencing on these done. Is that correct?
>> Yes, ma'am.
>> Okay.
>> In addition, your honor, my client has asked and I I know the response the court given prior answer, but I am required to ask that the court she's asking the court waive pre-sentence investigation on these and proceed with sentencing. She also would like to be released for her I believe it's daughter's graduation.
>> say that in a different way so we can state opposed to that, judge?
>> No, that's not happening.
No.
All right. Um and I'm not going to waive the pre-sentence report because I'm going to make sure that it's just the ones if there's any other history. Obviously, there's a substantial amount of history and so I want all of the information.
So, we will get um a pre-sentence report done in all of the cases and um I'm not doing anything with the bond other than potentially raising it to make sure that we're where we need to be when we need to be.
So, um that being said, do you also understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law?
State tenders number one in each of those cases.
>> It's admitted in each of those cases. Is there any evidence that Ms. Redo's not competent?
>> No, you're not.
>> All right, ma'am. I'm going to find that you entered your pleas of guilty uh and true in each of these cases freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of your plea in each case. I'm going to find sufficient evidence to find you guilty. However, I'm going to reset your cases for sentencing so that the uh probation department can do a pre-sentence report.
That will give me more information about you, your cases, and then we will come back at a later date for sentencing. Um and then I will number the tampering case um for trial next week. Um obviously, it's fairly new compared to some of the other ones, but it looks like a lot of them are getting taken care of this morning, so you never know. You guys will know today after docket um what the trial order is.
>> One final thing I'll make on the tampering charge. It's filed as a third-degree, but I've filed a repeat offender notice uh seeking to enhance it to a second-degree given the offender's previous robbery conviction. So, I just want to make sure that all of that's noted.
>> Why haven't Why didn't you put the the tampering on me when you put the death only?
>> Look, we're not ha- This isn't a conversation. It's >> It's a plea. That's all I yes, ma'am.
>> It doesn't matter and they didn't put anything on you.
>> I mean, that's what I'm saying.
>> Okay, listen.
>> understand how is it tampering? I mean, >> That's what jury's are for. If you don't Mr. Wilkerson has gone over it, I'm sure, with you. He has his position uh legally. Uh you know what the options and what the consequences are in that case. In that case, if you go to trial and you're found guilty, um and there is a prior robbery conviction. It's important that you understand that the range of punishment then becomes that of a second-degree felony, which is between 2 years and up to 20 years. Do you understand?
>> Yes, ma'am.
>> Okay. And so, I will number the case that case for trial for next week. All right? You go back with the bailiff.
>> Thank you, Judge.
>> Thank you. I'll let y'all know as soon as I'm done with this and what the trial order is.
>> Thank you, Judge.
>> Yes, sir. Good morning, sir.
>> Good morning.
>> Are you Trailin Martin?
>> Yes, ma'am.
>> And Mr. Martin, in cause number 25DCCR0270, you're charged with a third-degree felony offense of obstruction or retaliation from January 29th of 2025.
What that means is that if you go to trial and you're found guilty, the range of punishment would be between 2 years and up to 10 years in prison. Do you understand?
>> Yes, ma'am.
>> And what is the offer that's been made?
>> 2 years TDC, Judge.
>> And so, um the state has offered, if you want to enter a plea of guilty, uh a 2-year term in prison, which is the minimum. You have every right to reject that and have your case set for trial, but I want to make sure you understand what the possible consequences are and what your options are. And do you understand all of that?
>> Yes, ma'am.
>> And do you want to reject that offer and have your case set for trial, or do you want to take that offer?
>> Can I ask you one simple question?
>> Sure.
>> I'm just trying to ask on I watched the video at the grocery store that and I was told that I was innocent with the song.
>> So, that's what a jury's for. If you don't think you're guilty of what they're said that >> Then then I can't I can't assault you if I'm already detained.
>> I don't need to know that. That's what a jury's for. Either you accept the plea agreement because you're guilty, and if you watched the information with your attorney, um then you've seen everything the state has and they'll present and we can let a jury decide. I just want to make sure you understand what the consequences are and what your options are. Do you understand all of that?
>> Yes, your honor.
>> So >> the most important legal turning point of the hearing because Judge West has already accepted multiple pleas of true and found sufficient evidence to revoke probation in both cases. Legally a plea of true to a probation violation is powerful because it allows the court to proceed without requiring a full evidentiary hearing on those specific allegations. However notice that sentencing has not happened yet. Instead the judge is ordering updated reports and scheduling a future sentencing hearing before deciding the final punishment. Emotionally this creates a moment of >> And you know, just just just just record I I've I've explained this to him. I've shown him several different videos. Some of them are more relevant than others and and he indicates some things that there may be other videos out there that I that I don't know about. They're not They're not there for discovery. He's indicated he wanted to hire Marsha Norman. And I've told him that he can reject it. If you're not guilty, then don't plead guilty. Then and reject it and if you can still hire Marsha in the meantime.
>> Mr. [snorts] Nichols, is there any other discovery that you anticipate?
>> see any in in the file from Ms. Bulfin or anything else, your honor.
>> Okay.
>> I know she made the offer. I know that he had got a reduction on the same charge a year ago. So, I don't see any reason the offer would change. I did ask for probation this morning. I did not change Ms. Bulfin's offer.
>> Okay. So, Mr. Martin, if you don't want to accept that offer and you want it to plead not guilty, I need you to sign the plea bargain rejection so that I know that you and I have had this conversation.
>> Yes, we do.
>> All right.
>> want to ask um I've been trying to get a job and work to see if I can like just see if it would help me out with my time as a trusty.
>> Okay. That None of that matters right now, okay? Because you're not Here's what we're not going to do. We're not going to put your case on the trial docket so that you think you can get some time under your belt and then you're going to plead guilty later because after today, I won't accept this plea agreement. We don't put cases on the trial docket just to buy some time.
Either you did it or you didn't do it and if you didn't do it, then you can sign that and we'll get a jury to decide, but I don't want you to think you're going to come back in here later and say, "Oh, I want to take that deal."
because it's not going to happen.
All right.
>> Am I eligible for parole?
>> I don't know when you're eligible for parole. I don't know how much time you have.
>> I've never had to do this. That's why I'm asking all >> I know and that's why [clears throat] Mr. Mr. Parker's >> the bill >> Nobody knows when for sure you would become eligible for parole [clears throat] or if you would make your parole. We don't know that because that depends on other people, not us. I don't [clears throat] make that decision. Your attorney can't tell you that. He doesn't know. It just depends on >> I've explained to him what I what how much time based on what he's told me he has and how much time I think he'll have to do before he's eligible, but again, I told him I can't guarantee that, but if again, if you're not guilty, then don't don't sign it. You you plead >> Sounds like Mr. Parker's explained all this to you. So, either you don't want to take the deal, you are not guilty and let's go to trial or you plead guilty and >> I'm going to go ahead on and sign.
>> Sign what?
>> I'm not guilty.
>> Don't You can't say you're not guilty and then sign for time. It doesn't work that way because what happens What hap- for obstruction? It's not assault on an officer.
>> Obstruction or retaliation >> It's obstruction or retaliation which is different and there are different elements of that offense than assault on a police officer. So, Mr. Parker has gone over that with you. If you want him to explain it again, what specifically that is before, but you cannot come up here and say I'm guilty of something or I'm not guilty, but I want to take the deal.
If you didn't do it, you go to trial. If you did it, >> I want to go to trial.
>> Okay, sign that for me rejecting that plea offer then.
>> Okay, where at >> Look, sir, pay attention. Sign it.
>> Okay. What do I write on this?
>> I think it was just a pen right there.
>> Okay.
I don't know if you got a high school diploma. I got everything in the free world.
>> So, so real quick, hold on before you go back. Uh Mr. Parker has been appointed to represent you. Uh with your permission, uh he handles a lot of cases for me as a court-appointed attorney.
With your permission, I can release him and appoint another attorney who could begin uh preparation for trial a little quicker. Is that okay with you?
>> I don't want to release him.
>> All right. So, I'm going to appoint a new attorney today. They'll be out to see you very soon.
>> Today's hearing highlighted several critical stages of the criminal justice process.
From probation revocation proceedings to open guilty pleas and trial setting decisions. In the first case, Judge Raquel Westfall found sufficient evidence to revoke probation after multiple admitted violations, but postponed sentencing until updated reports could be completed. Later, another defendant entered open guilty pleas in several theft cases.
>> Huh?
>> Um can I pick one or y'all >> No, you're going to get whoever's next on our list. If you have some Whoever's next on the list is You can hire If you have the funds to hire someone or your family wants to hire someone, they can do that. Uh
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