'Game OVER" Judge West SNAPS After Defendant’s 5th DWI — Massive Sentence Leaves Courtroom Stunned

[00:00:05]Okay, so Mr. Segura, when you were here and entered your plea of guilty, I asked you some very specific questions about about um pleading guilty freely and voluntarily and then pleading guilty because you actually did what they charged you with and your answers to both of those were yes. The version, however, that of your version that I received here in the pre-sentence report um is a little different. It says that you had that you didn't have the drink until your vehicle was stopped. And so your version, if I'm to believe it, is that you stopped at the Taco Bell.

[00:00:45]>> Yes, ma'am.

[00:00:45]>> You drove to the Taco Bell.

[00:00:47]>> to Taco Bell.

[00:00:48]>> You stopped at the Taco Bell and you drank while your vehicle was stopped.

[00:00:54]>> I No, ma'am. I was outside the vehicle when the when I was stopped.

[00:00:57]>> So you hung out at Taco Bell >> I was at I was waiting for the line to move so I could so I could get my food.

[00:01:04]>> the witness to definitively swear >> Yeah, yeah, yeah, let's do that. Raise your right hand. Do you swear or affirm that the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth, so help you, God?

[00:01:13]>> So help me, God.

[00:01:14]>> Okay. So you're saying that you got to Taco Bell You drove to Taco Bell.

[00:01:23]>> Yes, ma'am.

[00:01:24]>> Okay.

[00:01:24]>> I made a right turn uh with my signal on and everything.

[00:01:28]Then I was about to park my vehicle.

[00:01:31]>> Mhm.

[00:01:32]>> That's where the swerve came in at.

[00:01:34]Okay, obviously it has to be.

[00:01:37]And so >> I'm not worried about >> [clears throat] >> Let's Hold on. Hold on.

[00:01:41]>> Yes, ma'am.

[00:01:41]>> All right.

[00:01:42]I want to know when you got to Taco Bell, regardless of whatever happened, >> Right.

[00:01:47]>> did you go through the drive-thru or did you park?

[00:01:50]>> ma'am. No, ma'am. I I parked >> Listen to my question. Did you go for through the drive-thru or did you park?

[00:01:56]>> ma'am.

[00:01:56]>> Okay. So when you parked your car at Taco Bell, you start having alcohol at that point?

[00:02:03]>> No, ma'am. I got out of my vehicle to see how far how far traffic was up up up up in front of me.

[00:02:10]>> Okay.

[00:02:10]>> Uh they had several cars in front of me.

[00:02:13]>> In front of you for what? You were parked.

[00:02:15]>> Yeah, I was parked I was parked like uh >> Were you parked in a parking spot or were you parked in the drive-thru?

[00:02:23]>> I was not exactly in the drive-thru. I was at the end of the store.

[00:02:26]>> At the end of the store? Okay.

[00:02:28]>> But you could I guess you could consider that as a drive-thru line.

[00:02:32]>> Were you waiting for the drive-thru?

[00:02:34]>> for I was waiting for the drive-thru to proceed.

[00:02:36]>> Okay, listen. Here's the thing. You're not going to try to trick me up with semantics today. Hold on. Don't talk over me.

[00:02:42]>> Yes, ma'am.

[00:02:43]>> When I say were you going through the drive-thru or were you parked, what does that mean? That means did you park your car cuz you're going to go in the store or were you waiting in the line to go through the drive-thru?

[00:02:54]>> waiting but to go through the drive-thru.

[00:02:57]>> Okay. I I may look I don't know like I'm 12 years old and just fell off the turnip truck, but I'm not.

[00:03:03]>> No, ma'am.

[00:03:04]>> So, you're in the line and you start you get out of your vehicle, right?

[00:03:09]>> Yes.

[00:03:09]>> Cuz there's a long line, the cars aren't moving.

[00:03:12]>> Right.

[00:03:12]>> Right. So, you get out and you decide I'm going to start drinking here in the parking lot.

[00:03:16]>> No, ma'am. I didn't I didn't drink until I got back inside my car.

[00:03:20]>> Okay, but while you were at the Taco Bell, you started drinking. Had you drank before that?

[00:03:25]>> No, ma'am.

[00:03:26]>> So, you're telling me that you started drinking at Taco Bell.

[00:03:29]>> Yeah, I opened the container. That's how the the beer came it was on the floor >> So, from the time So, from the time that you started drinking at Taco Bell to the time that the officers got there, about how long [clears throat] was that?

[00:03:45]>> Oh, uh maybe uh 15 to 20 30 minutes or whatever.

[00:03:50]>> Okay. How much did you drink between that time?

[00:03:53]>> I had a I had a malt liquor. 211 [clears throat] is a strong beer.

[00:03:57]>> [snorts] >> Mhm. Just one?

[00:03:59]>> It was a It was a 40 oz.

[00:04:01]>> Right. So, you drank the whole 40 oz.

[00:04:03]>> out of the thing.

[00:04:05]After the fact that I that I >> You were drinking out of what?

[00:04:07]>> I thought I sat back in in the car. I had the I started drinking it.

[00:04:12]>> Right.

[00:04:13]So, how much of it did you drink?

[00:04:16]>> a lot of it.

[00:04:17]>> Okay. So, let's just just say you drank most of >> Most of >> 1 40 oz.

[00:04:22]>> It was in the container.

[00:04:24]>> So, that's your story and you're sticking Hold on.

[00:04:27]So, is that your story and you're sticking with it that you drank most of 1 40 oz beer in about 15 to 30 minutes and that you hadn't drank anything before then.

[00:04:36]>> No, except for that night before.

[00:04:38]That about 2:00 that morning. And then whole blood alcohol stays in your blood system added to what I drank.

[00:04:47]>> Okay.

[00:04:47]>> [clears throat] >> So, your test on this night after drinking most of a 40 oz was.188.

[00:04:56]And you're wanting me to believe that that's based on one most of one drink and that maybe you still had alcohol in your system from the day before.

[00:05:05]>> Yes, ma'am. But, what I remember recalling my memory, ma'am, I have no reason to try to trick you, Miss Miss Wizz.

[00:05:13]I'm telling you to God's honest truth.

[00:05:15]Uh Like [snorts] I said, I had alcohol in my system from the night before.

[00:05:22]>> Well, how much did you drink the night before?

[00:05:24]>> Well, I was I was intoxicated.

[00:05:26]>> So, what you're telling me then, if you had Hang on. So, if you had that much alcohol in your system from the night before, that you were still probably in Hold on.

[00:05:38]Watch where your story's going.

[00:05:40]>> Yes, ma'am.

[00:05:40]>> So, you're telling me you had so much in your system the night before that it was going to still be in your blood and you had just driven to the Taco Bell.

[00:05:49]>> No, I drove to the Taco Bell at late late on that evening.

[00:05:54]>> You're not at Right. Right.

[00:05:56]>> But it wasn't a 4:24 hours.

[00:05:58]>> Right. So, if you if you're saying that that 0.18 eight is because of the night before, then all likelihood you were drunk when you were driving from the night before if I'm to believe your story that you only had most of one drink while you were there.

[00:06:16]See how that doesn't make sense?

[00:06:17]>> Yes, ma'am.

[00:06:17]>> Okay.

[00:06:19]All right. Um So, let's go back. Um obviously there's some medium acceptance of responsibility, so we can go forward with the arguments. Unagreed. Mr. Barbay- I mean, I'm sorry. Mr. Coleman, you have a witness?

[00:06:36]>> Yes, your honor. State cost attorney Robinson.

[00:06:37]>> Mr. Robinson, if you please raise your right hand, sir. 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, so help you God?

[00:06:45]>> I do.

[00:06:45]>> Thank you. You may proceed.

[00:06:46]>> Your honor, the court will meet with Mr. Robinson and a background check.

[00:06:49]>> Sure. For the purpose of the record, Mr. Robinson, you're certified as a criminal justice expert.

[00:06:53]>> Is that correct?

[00:06:54]>> That's correct.

[00:06:54]>> How long have you been certified as a criminal justice expert?

[00:06:56]>> Uh almost 6 years now.

[00:06:58]>> Have you testified in court before?

[00:07:00]>> Multiple times.

[00:07:01]>> Uh you've had an opportunity to review some documentations in this case?

[00:07:04]>> I have. [clears throat] >> Do they include prior judgments for a the defendant Mark Anthony Sarver?

[00:07:09]>> They were.

[00:07:09]>> Uh Yes, I'm showing you what's been marked as State's Exhibit number one.

[00:07:15]Uh is State's Exhibit number one a fair and accurate summary of the 20 previous felony judgments that you've reviewed in this case?

[00:07:25]>> It is.

[00:07:26]>> Uh Using your um >> Oh, 20 felony judgments.

[00:07:32]>> Uh I beg your pardon.

[00:07:33]>> 20 20 previous prior criminal judgments including a number of felonies.

[00:07:41]>> Correct.

[00:07:42]>> Okay.

[00:07:42]In other words, both misdemeanors and felonies.

[00:07:44]>> Yes, sir.

[00:07:46]>> Um and did you use the defendant's admission to at least one of the DWI's that he pled true to?

[00:07:54]It had [clears throat] a print on its judgment to compare to the judgments here that had prints on it.

[00:08:01]>> That is correct.

[00:08:02]>> And what was your determination?

[00:08:04]>> They're the same person.

[00:08:05]>> And in addition to the prints that you used to compare and confirm his identity on these judgments, were were there also some personal identifying information such as date of birth, CID numbers, and that kind of thing that you used to link to this person?

[00:08:20]>> Correct.

[00:08:21]As long as they're there.

[00:08:23]>> Okay.

[00:08:24]Y'all know at this time I will offer State's Exhibit number one, which is a summary of the judgments and the actual judgments themselves that are marked as State's Exhibits two through 20.

[00:08:35]>> I'm sorry for interrupting, but I'd like to hear from defense counsel.

[00:08:38]>> Let me just ask, are there are there any on that list that aren't already on the pre-sentence report? I mean, why are why are we doing both?

[00:08:47]>> Your Honor, I would like to object, Your Honor. I did think that there was at least a couple of those judgments It's been a while since I've >> Mr. Burbank, does your client >> I'm sorry, Your Honor.

[00:08:56]>> Uh hold on. Does your client have any objection or any it reason not to for me not to take it judicial notice of the PSI for sure that those prior offenses is listed in there and the ones that are convictions are any way wrong.

[00:09:14]>> For the misdemeanors, that's correct.

[00:09:16]>> Okay, so what about for the felonies?

[00:09:19]Is there one are there one or more that are he contest?

[00:09:27]So, what I show with convictions on the PSI, I've got a 91 possession of a controlled substance. There was a probation that was revoked for 5 TDC.

[00:09:37]>> Yes, sir.

[00:09:37]>> Got a '96, manufacturing delivery of a controlled substance, 1 year jail.

[00:09:43]I've got a '03, possession of a controlled substance, 18 months state jail.

[00:09:47]>> I have it.

[00:09:48]>> I've got an '03 from April, manufacture or delivery with 6 months state jail.

[00:09:54]I've got a January of '15, obstruction or retaliation, 2 TDC.

[00:10:02]>> Yes.

[00:10:02]>> Got a at the same date, a harassment of a public servant, 2 TDC. I've got a driving while intoxicated 3 or more offense date of 11 of '15, 3 TDC.

[00:10:15]And then I've got an 18 obstruction retaliation with 5 TDC. That totals eight felony convictions.

[00:10:24]>> That's more than what I had in my summary, Judge.

[00:10:26]>> Okay.

[00:10:27]>> [clears throat] >> So, are there then I need at least whatever you have because he has pled not true to the ones alleged in the indictment, which let me pull that up.

[00:10:40]>> Yes, sir.

[00:10:43]First >> Y'all can just go sit down take a break for a minute. Don't leave the courtroom, Mr. Segura.

[00:10:48]>> Yes, um yes, ma'am.

[00:10:52]>> There because it was reduced, there wouldn't be a uh >> I do not see an SID number, no, ma'am.

[00:11:02]>> It is that has been included in the PSI as well as state's exhibit 2, 6, and 7. I'm going to find that the prior criminal offense felony in cause number 15-23847 which is number 15 in the state's enhancement is true.

[00:11:29]I am also going to find state's exhibit number six, which is cause number 15-22572, which