He Was Already On Probation For Family Violence But He Did IT Again— Judge Draws The Line

Added: 2026-05-12

[00:00:00]If you can't be around people, cuz you can't control your temper, then don't be around people. Don't be in relationship.

[00:00:07]All right, the court is calling uh 2021 CR7231 State of Texas versus Joseph Kai Payne.

[00:00:15]Can I have parties announce for the record for the state? Michael Villarreal for the state. For the defense? Wyatt Chumbley, your honor. Are you Mr. Payne?

[00:00:22]Yes, your honor. I'm showing you a document entitled motion to enter adjudication of guilt and revoke community supervision. Did you review that with your attorney? Did you understand that? Yes, your honor. Are you the same Joseph Kai Payne who was placed on deferred adjudication in 2021 CR7231 for the offense of continuous violence against family on September 16th, 2021 for a period of 4 years? Is that you?

[00:00:46]Yes, your All right, state.

[00:00:48]Violated condition number one on or about the 8th day of June, 2022 in Bexar County, Texas, the defendant Joseph Kai Payne committed the offense of assault in violation of condition number one.

[00:00:59]How do you plead to that? True or not true?

[00:01:02]And the state will waive and abandon the remaining um Any objections to the state's waivers? No, your honor.

[00:01:12]All right, did you understand that pleading true to the violation of condition number one or could find it true, direct the motion, find you guilty, not grant you community supervision, and sentence you up to 10 years in prison and up to $10,000 fine?

[00:01:23]Did you understand? Yes, your honor.

[00:01:25]Knowing that, do you still wish to plead true to violation of condition number one?

[00:01:30]Yes.

[00:01:30]We will find violation of condition number one true. Is there an agreement?

[00:01:34]Yes, your honor. The state has agreed to state the solution and enter adjudication of guilt and assess punishment of 3 years confinement in the Texas Department of Criminal Justice Institutional Division. Uh and the state is going to take into consideration two cause numbers.

[00:01:47]Those are 99665 161 and County Court case number 686594.

[00:02:01]Is that the agreement?

[00:02:02]>> Yes. Uh Mr. Payne, are you asking the court to follow that agreement? Yes, ma'am. Are you waiving your right to appeal? Yes, yes.

[00:02:11]All right. Court will follow your agreement. The court will find you guilty, revoke you, sentence you to 3 years in prison. You will be credited for any time served, taking into consideration night mag number 665161.

[00:02:25]Panicourt case number 686594, and there's an affirmative finding of family violence.

[00:02:31]And there should be no contact with Britney Herrera.

[00:02:42]Is there anything else from either side with regards to sentencing? No, your honor. Next, I'm going to show you what's entitled trial court certification of defendant's rights to appeal. Did you review that document with your attorney? Did you understand it, and did you sign it?

[00:02:56]Yes.

[00:02:57]Okay. Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.

[00:03:05]Do you understand? Yes, ma'am. And because this is a felony conviction, and also because this is an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. Do you understand? Yes, ma'am. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand? Yes, ma'am. All right, good luck to you. We're going off the record.

[00:03:24]You've got to do better.

[00:03:25]I mean, if you don't, you know what's going to end up happening to you? You're going to find yourself in and out of somebody's jail, and in and out of the prison. And at some point, you're going to look up and you're going to find a majority of your life has been spent in custody. If you can't be around people cuz you can't control your temper, then don't be around people. Don't be in a relationship. Do you understand? Yes, ma'am. All right, good luck to you.

[00:03:48]Get an orchid.

[00:04:07]>> They just came from He's on the recall list.

[00:04:10]All right, thank you. Brenda, I miss you over there.

[00:04:14]It'll be nice.