Man Sentenced After DWI While On Felony Probation. Judge Stevens Drops The Hammer!

Ajouté : 2026-05-27

[00:00:01]We now call number 19-3338.

[00:00:06]The state of Texas versus Larry Jean.

[00:00:09]Thank you. Johnson Jr. That is you. Your attorney, Mr. Kimler, and the state's attorneys are present. Does the defendant uh wave a formal reading of this motion to revoke unadjudicated probation denial on January 9th of this year? Can we proceed and settle?

[00:00:30]Wow. And Mr. Johnson, you've had a chance to discuss this uh with Mr. Kimler. You understand what you're charged with here?

[00:00:36]>> Yes.

[00:00:37]>> Okay. Raise your right hand. Do you solemnly swear or affirm any statement you make during this hearing shall be the truth, the whole truth, and nothing but the truth? So have you, God?

[00:00:46]>> Yes.

[00:00:46]>> Low interest.

[00:00:47]>> In summary, sir, this motion to revoke unadjudicated probation states that on June 20th, that's a special day for me, by the way.

[00:00:57]>> What is that? Yeah. 2022.

[00:01:00]Um, you were uh placed on 10 years deferred or unadjudicated probation for the secondderee felony of aggravated assault. Is all of that true?

[00:01:13]>> Yes.

[00:01:14]>> It's a special day for me every year this on that day.

[00:01:17]>> My birthday is the 27th. So >> I may change my birthday knowing that.

[00:01:23]Do you understand though the seriousness of this case that we placed you on probation for in the first place, sir?

[00:01:31]And I'm just I know you don't have to be reminded because I know you're a smart guy. You are and we I'm just very disappointed, but we're back because I I felt good about you uh fixing this mess and moving on. But this was the indictment uh pleaded that you intentionally and knowingly and recklessly caused serious bodily injury to another by cutting and stabbing that other person which uh was an event that was capable of causing serious bodily injury or death which is why it's treated seriously as a secondderee felony aggravated assault.

[00:02:14]Okay. Number one states you committed the offense of driving while intoxicated on or about December 26th, the day after Christmas, 2025 in Jefferson County, Texas, in violation of condition one of your deferred or unadjudicated probation order. Is that true or untrue?

[00:02:36]>> What happened in that case? Did in was there a misdemeanor case filed out of that?

[00:02:42]>> There is judge. What's the status of it right now? It's relatively new. Judge, >> go ahead. M.

[00:02:48]>> Yeah.

[00:02:48]>> I'm sorry.

[00:02:49]>> Everything would be enhanced. This is a 223. So, be a class A.

[00:02:53]>> Class A is correct.

[00:02:55]>> Okay. Are you pleading true to allegation one by um voluntarily and because it is true as it is alleged?

[00:03:04]>> Yes. Do you understand that a true and correct uh pleading of true to one or more violations of probation that is enough to grant a motion to revoke probation by a preponderance of the evidence of grade? Your probation can be revoked. You can now be found guilty and sentenced to the secondderee felony of no less than two nor more than 20 years confinement in prison. Notice this.

[00:03:36]>> Knowing that, do you insist on pleading truth today?

[00:03:39]>> Yes.

[00:03:40]>> I find you pleading truth voluntarily.

[00:03:43]You understand and appreciate the consequences of uh truth. So, number four goes on to state you were at a location other than your residence at approximately 10:52 p.m. on or about December 26th, 2025. That's important, correct? Because your probation order states you have to be in by 10:00 p.m.

[00:04:07]Is that right?

[00:04:09]>> Yeah. Be inside your home between 1000 p.m. and 6:00 a.m. That's your curfew.

[00:04:14]Is that allegation true and correct as it is alleged?

[00:04:18]>> Yes.

[00:04:19]>> And are you pleading true and correct to that voluntarily and because it is truth?

[00:04:25]>> Yes.

[00:04:26]So, it looks like on your uh felony court history, you were placed on probation back in 2004 for illegal possession of a controlled substance for uh a 2-year state jail suspended for 4 years. That was revoked in 2009 and you were sentenced to 8 months in the state jail. Is that true?

[00:04:50]>> Yes. Okay.

[00:04:52]>> There looks like another That's odd.

[00:04:56]On 323 2009, you also received a sentence of 6 months >> what >> confinement in the state jail for illegal possession of marijuana.

[00:05:08]>> So is that true?

[00:05:09]>> Yes.

[00:05:10]>> Okay. Okay. That's your two felony convictions.

[00:05:14]>> Yes.

[00:05:14]>> That's all you have right now?

[00:05:15]>> Yes.

[00:05:17]And then the misdemeanor's um possession of marijuana in '04 again possession of marijuana in 13 marijuana was kind of getting you in trouble in the misdemeanor.

[00:05:33]Okay. So we're looking at no less than two nor more than 20 years confinement in prison.

[00:05:43]Okay. The complainant in that aggravated assault that you put placed on probation. He was an ex- relative of yours.

[00:05:52]>> It says ex brother-in-law.

[00:05:54]>> Yeah, my kids. My kids brother's brother.

[00:05:58]>> Well, that's hard to follow, isn't it?

[00:05:59]>> What?

[00:06:00]>> Your children.

[00:06:00]>> My kids mother.

[00:06:03]>> Well, that's your brother-in-law.

[00:06:06]>> Well, I had been married.

[00:06:07]>> We wasn't married then. We would end with each other.

[00:06:09]>> There was no brother.

[00:06:11]>> Oh, if you were married, it would have been a brother-in-law. Okay. It was a quai brother-in-law, I guess. So, y'all weren't common law married?

[00:06:18]>> No.

[00:06:18]>> Okay. That would have been brother-in-law then.

[00:06:21]>> Yeah.

[00:06:21]>> If y'all put that, >> this looks like the end of the day, but that there was some intoxication going on behind this aggravated assault.

[00:06:34]>> So, of some sort.

[00:06:37]>> Yeah. I may have been putting some herbs and spices on the barbecue that this shouldn't have been situation.

[00:06:47]>> Alcohol tends to enhance clean.

[00:06:51]>> Okay. What did the party say?

[00:06:53]>> All right. Obviously, Mr. Johnson would beseech the court to continue his probation until the state has other opinions, but I'll defer Mr. Johnson to explain the court's actions on the occasion. Question.

[00:07:06]Do you want to tell the judge what happened?

[00:07:08]>> Yeah, I know. I did two things, bro. I made a mistake. I left. I shouldn't have been out that time. You know, I drinking. But two mistakes I know I made.

[00:07:18]I just want you do right by make up for the mistakes right by see I ain't be getting no trouble doing nothing.

[00:07:28]>> No one got stabbed.

[00:07:29]>> No, I'm glad you >> on that occasion.

[00:07:33]I mean, do you see a consistent pattern though when you get in trouble? It's always inebriation of some sort of a controlled substance or alcohol and that but you're fine otherwise.

[00:07:46]It's just then, you know, it can lead to that. You got to be sensitive about you've got a history. This seems to be the cause, but it's also your choice you're making. And but that's a choice you need to change because it it puts you in harm's way.

[00:08:09]>> So on the positive side, Mr. Johnson made a good three and a half years before he ran into this issue.

[00:08:18]Today he's accepted his responsibility about the DWI. That's that's another positive for him.

[00:08:25]What's u just I I thought to myself when you made the comment that we wouldn't see him again. I was hopeful too, judge. I mean, he hadn't been in trouble since 2009, which was part of the reason why I gave him the opportunity to successfully complete this probation. And I was hopeful that he would pay his restitution and we wouldn't see Mr. Johnson again. Uh but here we are. And um my knee-jerk reaction on aggravated assaults is that it's prison time is is the best reaction. Uh in the event that the court is not considering that, I would ask that u whatever we do that it be a strict message that comes to him.

[00:09:16]Someone who ends up with a three times the legal limit of a DWI while they're on probation is very telling me and to me the only way that he stays on probation is if he goes to safety.

[00:09:34]Of course I always defer to your honor.

[00:09:36]I will tell you that uh when I considered the amount of pent time I made the offer to the defense of seven years. So >> he's maintained employment. He's done the other things on probation he's supposed to do. There's [ __ ] Mr. G's already subsed issue. Um and I'll just defer to the court if the court continues asking on probation with whatever >> and from the probation office. I always appreciate your input.

[00:10:07]>> Yes, sir. So it just seems like there's a substance abuse >> Yeah. issue that needs to be addressed.

[00:10:14]Um, he also tested positive for alcohol on December 17th as well in my office.

[00:10:20]Um, and I believe he told me that he got in an argument with his sister or something was going on during that time and he had one twist and tea >> on that date.

[00:10:34]>> Sir, anything you'd like to add before I make the decision?

[00:10:39]>> Just give me a chance to do right. No, that's I do put you on probation.

[00:10:45]>> First the first we got on probation.

[00:10:48]>> I know, but you've got five prior convictions.

[00:10:51]>> You got three >> three uh misdemeanor convictions, substance abuse, all based on substance abuse except the tampering with government records there. And then uh possession of a controlled substance that we placed you on probation in ' 04 and that was revoked in ' 09.

[00:11:11]8 months the possession of marijuana again six 6 months state jail in '09 and here you are and it's uh it's anriation of a sort whether it's alcohol or drugs it's still dangerous and it causes you to make errors which has been consistent but you've been put in prison uh a prison facility at least before and that that would have I would think that would change me you know certainly >> you've done it five different times >> there's no further >> if nothing further >> I'm going to find that there is sufficient evidence supporting this motion to revoke unadjudicated probation to grant it by prepundonderance of the evidence or greater as allegations one and four have uh been uh proven true by preponderance of the evidence in fifth grader by beyond a reasonable doubt in driving while intoxicated and you were at a location other than your residence at the curfew on on that December 26th day and that is enough to grant this motion to revoke unadjudicated probation and your deferred or unadjudicated probation is hereby revoked. Earlier in this case, you had pleaded guilty to aggravated assault voluntarily, knowingly, intelligently. There was sufficient evidence of proving you guilty. Plead in states exhibit one admitted in that hearing to find you guilty beyond a reasonable doubt. And I now find you guilty beyond a reasonable doubt of that aggravated assault. and you are hereby sentenced to confinement in the institutional division of the Texas Department of Criminal Justice to serve a term of 3 years.

[00:13:10]>> You will you will be given credit for all time you have served. Also, the judgment shall reflect that a sharp uh in a sharp object, a deadly weapon, namely a sharp object as it is stated in the indictment was used in the commission of this offense.

[00:13:35]And the indictment goes on to allege that you pleaded guilty to that that sharp object in the manner of its use and intended use was capable of causing serious bodily injury or death which is the definition of a deadly weapon. So that's going to be uh placed in there.

[00:13:55]The state had asked for seven >> and you were looking at 20 >> the PS.

[00:14:04]>> Do you understand what has happened today, sir?

[00:14:09]>> Yes, sir. You're going to get all kind that you've been credited for >> and uh hopefully this will pass and just move on >> and do better. Thank you.

[00:14:27]Monnique Cormier.