JUDGE RAQUEL WEST GIVES DEFENDANT THE CHANCE OF A LIFETIME — DON'T WASTE IT!

Added: 2026-06-02

[00:00:00]Okay, you're April Smith?

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

[00:00:02]>> And will your client waive the formal reading of the indictment in each of those new cases?

[00:00:07]>> She does, Judge.

[00:00:18]>> Ms. Smith, in cause number 26 DCCR 0870, you're charged with a state jail felony offense of possession of a controlled substance of methamphetamine from May 1st of 2025. And how do you plead to that charge?

[00:00:34]>> Guilty.

[00:00:35]>> Are you pleading guilty freely and voluntarily?

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

[00:00:38]>> And are you pleading guilty because you actually did what they charged you with?

[00:01:04]Sorry, Judge.

[00:01:06]So, we're going to go to I don't need a >> I'll take it.

[00:01:10]>> pre-sentence report, I don't guess, on these new ones.

[00:01:14]Correct?

[00:01:16]>> She's going to take two weeks to get that done.

[00:01:18]>> Two?

[00:01:19]>> Okay.

[00:01:20]>> And then in cause number 26 DCCR 0871, you're charged with a state jail felony offense of theft of property with previous convictions from May 1st of 2025.

[00:01:38]And how do you plead to that charge?

[00:01:39]>> Guilty.

[00:01:40]>> Are you pleading guilty freely and voluntarily?

[00:01:43]>> Yes, sir.

[00:01:44]>> And because you did what they charged you with?

[00:01:46]That indictment also alleges that you were previously convicted of theft April I'm sorry, August 1st of 2001, and then February 7th of 2003, then August 12th of 2005, and then February 6th of 2013. And are all of those prior convictions for theft true?

[00:02:03]>> Yes, ma'am.

[00:02:04]>> And did you enter your plea of truth freely and voluntarily?

[00:02:09]>> In each of these, um, new cases, I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before you signed these, did you go over them with Mr. Lewis?

[00:02:21]>> Yes, ma'am.

[00:02:21]>> Do you fully understand them?

[00:02:23]>> Yes, ma'am.

[00:02:23]>> And do you understand if I follow the agreements that you've made with the district attorney, that you'll be waiving or giving up any right to appeal?

[00:02:30]>> Yes, ma'am.

[00:02:31]>> 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?

[00:02:43]>> Yes, ma'am.

[00:02:43]>> And it looks like the agreements that you've reached in each of these cases are for two year terms in the state jail prison that would be probated for five years. There would not be a fine. Um, see that y'all wrote on here safety, but that's part of the agreement, right?

[00:02:58]>> Yes, ma'am.

[00:02:59]>> And it's also part of your agreement, and I'm going to write it in, um, as well, that you enter and successfully complete the safety program. Is that your understanding?

[00:03:07]>> Yes, ma'am.

[00:03:07]>> State tenders number one in each of those cases.

[00:03:09]>> No objection, Judge.

[00:03:10]>> It's admitted in each case. Is there any evidence that Ms. Smith is not competent?

[00:03:14]>> No, Judge.

[00:03:15]>> All right, Ms. Smith, in each of those cases, I'm going to find that you entered your pleas of guilty, um, and then true freely and voluntarily. Find sufficient evidence to find you guilty.

[00:03:26]In cause number 26 DCCR0870, find you guilty at this, um, now of possession of a controlled substance.

[00:03:34]Sentence you in accordance with your agreement to a term of two years in the state jail prison, but that'll be probated for five years. You're ordered to follow all of the rules and conditions of probation, including entering and successfully completing the safety program.

[00:03:47]Cause number 26 DCCR0871, find sufficient evidence to find you guilty, and at this time find you guilty of theft of property with previous convictions.

[00:03:56]Sentence you in accordance with your agreement to a term of 2 years in the state jail prison, but I'm going to probate that for 5 years. You're ordered to follow all of the rules and conditions of probation, including entering and successfully completing the safety program.

[00:04:11]And I need that sentencing back, please.

[00:04:17]In cause number 1933472, you were previously here in court. You entered pleas of true to counts 3, 5, and 6 in a motion to revoke your probation. You're on probation in that case for the state jail felony offense of theft of property.

[00:04:38]And that was from August 30th of 2020.

[00:04:42]>> So, question judge, I was going to ask court's guidance. I don't know that because it's that level of an offense, if the court can extend it. I would hate for it us to >> extend a state jail felony up to 10 still. The problem is the length of time that the motion has been um So, she would have 5 years, she would have um August of 2025 would have been the end date. We're not to August yet, so we're still okay. I've got a year.

[00:05:18]>> And yes.

[00:05:19]>> So, we're good.

[00:05:21]>> in May of 2025, so it actually tolled it right before it technically expired.

[00:05:26]>> Yeah, but even with tolling, if you have a year past that, then you're just strapped up. So, we're good. Okay. So, we've reviewed that pre-sentence report.

[00:05:35]We talked about this last week. I think we set it, and it's everyone's um suggestion that I continue this probation, obviously extend it, and order safe T as a condition. Is that correct? And Mr. Riley's here and I'm not Mr. Riley. Sorry, Mr. Kitchens is here and you are the probation officer for Ms. Smith and is this your recommendation?

[00:06:00]>> Yes, that's correct.

[00:06:00]>> Okay, thank you sir for being here.

[00:06:01]Sorry I called you the wrong name. Um so Ms. Smith, I am going to find in cause number 1933472 that you entered those pleas of true freely and voluntarily. Find sufficient evidence to find you guilty of what she already guilty on this. Was it a >> It was a straight.

[00:06:21]>> a straight.

[00:06:22]>> It was a straight.

[00:06:22]>> It was a straight. So find sufficient evidence to revoke the probation.

[00:06:26]However, I'm going to follow the agreement that you've made and continue you on probation. I'm going to extend the probation in this case for 3 years.

[00:06:36]I'm going to order in this case that you enter and successfully complete the safe T program.

[00:06:42]So, if you do all of this correctly, this You were being given a chance of a lifetime today. You've already seen my response and that I don't really love all of this, correct? What that means is that if you're back in here on a motion to revoke, I'm going to look at all of this and wonder what I was thinking and it's going to make me really mad that you made a fool of me for going along with this. So please don't do that.

[00:07:04]Okay? Take advantage of safe P, get clean and then you can serve all of these sentences while you're out on probation instead of in the state jail prison, which is where you'll end up if you violate, okay?

[00:07:16]>> Judge Mathes, >> Yes.

[00:07:17]>> I'm sorry, add one thing for the record for Ms. Smith.

[00:07:20]>> Yes.

[00:07:20]>> The court told you, and I mean no disrespect by this, but she's going to be just as mad at me for asking her to give you the chance as you. And so when you come back, if you come back, I hope you don't other than to tell us you're doing great, I will be asking Judge Mathes these weren't consecutive and you know I've been here since 2020. It's still going to be me here in 3 years. So that would be the recommendation of the state at that time, Judge. I hope it doesn't come to that, but >> I do, too. That's why I'm giving her this opportunity.

[00:07:51]>> advantage of this opportunity. We all want you to be successful.

[00:07:53]>> Thank you.

[00:07:54]>> I'm handing you the trial court certification in all three of those cases that shows that these were agreements that I followed. So you've waived your right to appeal. I also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgments entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. If you have any questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Lewis. All right?

[00:08:25]Good luck to you, ma'am.

[00:08:25]>> All right. Thank you.

[00:08:26]>> Thank you. Thank you.

[00:08:27]>> What? Thank you.

[00:08:29]>> All right. Sir, are you Eriberto Chavez?

[00:08:31]>> Yes, Mr. Eriberto Chavez.

[00:08:33]>> Yes.

[00:08:33]>> Yes.

[00:08:34]>> Yes, sir.

[00:08:35]>> And will your client waive the formal reading of the indictment?

[00:08:37]>> Yes, Your Honor.

[00:08:40]>> [clears throat] >> Mhm.

[00:08:57]I do.

[00:08:58]Okay.

[00:08:59]Yeah.

[00:09:01]I need the date of it.

[00:09:03]And if it was just one.

[00:09:05]>> Yes, Your Honor.

[00:09:06]>> Yeah. We'll have to figure out some kind of little We need maybe a little What?

[00:09:11]Um Oh, good. Okay. That's good enough.

[00:09:16]All right. Um Mr. Chavez, in cause number 25 DCCR 0559, you're charged with a third-degree felony offense of deadly conduct discharging a firearm from May 8th of 2025.

[00:09:35]And how do you plead to that charge?

[00:09:39]Guilty or not guilty?

[00:09:41]Guilty. Are you pleading guilty freely and voluntarily?

[00:09:49]Yes. And are you pleading guilty because you actually did what they charged you with?

[00:09:55]Yes.

[00:09:56]I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one.

[00:10:04]Before you sign these, did you go over them with Mr. Lage with an interpreter?

[00:10:12]Yes. Do you fully understand them?

[00:10:17]Yes. And do you understand if I follow the agreement that you made with the district attorney that you'll be waiving your right to appeal?

[00:10:28]Yes, that's right.

[00:10:30]State's exhibit number one.

[00:10:32]>> No objection.

[00:10:33]>> It's admitted. Is there any evidence that Mr. Chavez is not competent?

[00:10:36]>> No, your honor.

[00:10:39]>> Mr. Chavez, 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?

[00:11:00]I understand. I find at this time I'm going to find that you entered your plea of guilty freely and voluntarily.

[00:11:08]Find that you're mentally competent and you understand the nature and the consequences of your plea.

[00:11:14]Find sufficient evidence to find you guilty and at this time find you guilty of deadly conduct.

[00:11:22]Sentence you in accordance with your agreement to a term of six years in the institutional division of the Texas Department of of You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.

[00:11:40]I am also making a finding that there was a failure to appear in a bond forfeiture September 16th of 2025.

[00:11:53]I'm handing you the trial court certification. This shows this was an agreement that I followed and so you waived your right to appeal.

[00:12:05]I also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition.

[00:12:19]Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition.

[00:12:38]And the admonishment I handed you was in Spanish.

[00:12:42]You need to make sure and read it carefully.

[00:12:44]If you have any questions about the laws that make you ineligible to possess a firearm or ammunition or how long that lasts, you can talk with Mr. Elijah.

[00:12:57]Okay. All right, good luck to you, sir.

[00:12:59]You go back with the bailiff.

[00:13:01]Thank you, Ms. Versh.

[00:13:02]>> Thank you, Judge.

[00:13:03]>> Thank you, Judge.

[00:13:04]>> Thank you, ma'am.

[00:13:06]>> Mr. Traylon Hill?

[00:13:07]>> Yes, ma'am.

[00:13:07]>> And Mr. Hill, in cause number 24 DCCR 1500, you're charged with obstruction or retaliation, which is a third-degree felony from June 2nd of 2024. 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?

[00:13:28]>> Yes.

[00:13:29]>> And then in cause number 24 DCCR 1614, you're charged with a second-degree felony offense of aggravated assault with a deadly weapon.

[00:13:39]Uh that's from July 15th of 2024. And what that means in that case is that if you go to trial and you're found guilty, the range of punishment would be between 2 years and up to 20 years in prison. Do you understand?

[00:13:51]>> notified.

[00:13:52]>> I'm sorry.

[00:13:53]>> I was notified. Yes, ma'am.

[00:13:54]>> Okay, I just need to make sure you understand. Just yes or no, okay?

[00:13:58]Cause number 24 DCCR 1615, you're charged with aggravated robbery from July 15th of 2024. That's a first-degree felony offense, which means if you go to trial and you're found guilty, the range of punishment is between 5 years and up to 99 years or life. Do you understand?

[00:14:15]>> Yes, ma'am. I understand.

[00:14:16]>> And then finally in cause number 25 DCCR 0436, you're charged with a second-degree felony offense of burglary of a habitation from June 19th of 2024.

[00:14:28]That means that if you go to trial and you're found guilty, the range of punishment is between 2 years and up to 20 years. Do you understand?

[00:14:34]>> Yes, ma'am.

[00:14:35]>> In all of those cases, I have here on the tablet some documents that you've signed with Miss Perazzo um that shows that the district attorney's office has made offers if you wanted to enter pleas of guilty in your cases for a 15-year cap on the um aggravated assault, aggravated robbery, and burglary of a habitation with a dismissal in the obstruction or retaliation. So, that means you would be leaving your punishment up to me in those three cases. And if I follow the agreement, I could not give you more than 15 years. I can give you 15 years.

[00:15:07]I can give you less. It would depend on information that was brought to me at a sentencing hearing. You have every right to reject that and have your cases go to trial, let a jury decide if you're guilty or not, and what your punishment is if they find you guilty.

[00:15:21]>> Okay.

[00:15:21]>> Is that what you want to do? Do you want to reject those offers and have a jury decide?

[00:15:25]>> Uh I'd rather reject the offer because I feel like it would be a better choice for me in the process.

[00:15:29]>> Okay. So, what I'll do is get your cases set uh very quickly for trial. Uh Mr. Nichols, what is the state's position with regard to which case or cases would be >> I expect it to proceed on the ag robbery, Your Honor. It's the same incident as the aggravated assault. I may join them.

[00:15:45]>> Okay. But, so >> I intend to go forward on that case first.

[00:15:47]>> arguably the most important moment in April Smith's hearing. Legally, Judge West has already found sufficient evidence to revoke probation, which means a court has reached a point where incarceration becomes a very real possibility. Instead, the judge is choosing to continue probation while extending supervision and requiring completion of the SAIP program. That's a significant decision because it gives the defendant another opportunity to remain out of state jail while addressing the issues that brought her back into court. You can also hear the seriousness in judge's warning. The court is making it clear that future violations will not be viewed in isolation.

[00:16:25]The entire history of this case will be considered.

[00:16:28]>> on that case first.

[00:16:29]>> All right. Ag robbery, possibly the same one for the ag.

[00:16:31]>> I know that with the age of these cases, even on its first setting, it should expect to be reached, Your Honor. So, we'll go forward on that case for trial.

[00:16:36]>> Okay. Perfect. Um same thing. Um obviously, I've asked Ms. Perazzo to get up to speed very quickly on these.

[00:16:42]>> Yes, ma'am.

[00:16:42]>> Um that first trial setting is likely to be it going. So, we need to get these taken care of and Mr. Hill either out of jail or on his way somewhere else.

[00:16:51]>> Yes, ma'am.

[00:16:52]>> All right. Okay. We'll set them for trial. You can go back with the bailiff.

[00:16:54]>> Thank you, Your Honor.

[00:16:55]>> Mr. Hill, wait real quick before you I I do also want to make sure you understand that after today, I will not accept these agreements. So, we'll put your case on the trial docket. We'll get it tried very quickly, but you're not going to come back in later and change your mind unless it's to something different than what the offer is today. Do you understand?

[00:17:12]>> Yes, ma'am. I'm trying to get, you know, enough to pay Mr. Brevick those monies.

[00:17:16]So, are. hoping I could have got a better offer in the process.

[00:17:18]>> Well, this is what the offer is. The offer is not going to change. So, I want to make sure you understand that holding out till trial or anything like that is not going to get you a better offer.

[00:17:28]This is what the offer is. I'm not going to accept it after today. Do you understand?

[00:17:33]>> to hear is you >> All right. Go back with the bailiff.

[00:17:38]Good morning. Are you Velma Gilbert?

[00:17:39]>> Yes, ma'am.

[00:17:40]>> And Ms. Gilbert in cause number 26 DCCR 0502 is charged with credit debit card abuse. 26 DCCR 0503 charged with burglary of a habitation.

[00:17:53]0504 charged with credit debit card abuse. 0505 charged with credit or debit card abuse. 0506 charged with credit or debit card abuse.

[00:18:03]0507 charged with fraudulent use or possession of identifying information.

[00:18:08]And 0508 charged with theft of property.

[00:18:11]And what is the announcement?

[00:18:13]>> Judge, I I started I've gone through most of these cases. I've talked with Ms. Gilbert about it.

[00:18:20]Also about her other situation. Yes, she's going on she is currently on parole.

[00:18:25]Uh so, there's a parole hold on dealing with her as well. Um I I just need to finish up going going through a little of some of that stuff.

[00:18:34]I haven't been on it that long.

[00:18:36]>> No.

[00:18:36]>> But uh and considering that the offer will be something substantial with for us >> Sure.

[00:18:43]>> the resolution I I this this this this needed a little time with it.

[00:18:47]>> All right. So, I'm going to just do a normal reset. That'll give Mr. Lewis time to get through everything and all of the discovery and all of your cases.

[00:18:53]Go through that with you and then we'll get an announcement at the next court date. All right. You can go back with the bailiff.

[00:18:57]>> Thank you.

[00:18:59]>> Good morning.

[00:18:59]>> Good morning, ma'am.

[00:19:00]>> You are Tan Van Pham?

[00:19:02]>> Yes, ma'am.

[00:19:03]>> And Mr. Pham has seven cases all charged with theft of property with previous convictions. And what is the announcement?

[00:19:15]>> Judge, I on this situation, he he has several cases that he's charged with. And we had another defendant that was in a similar situation, same name, that was on same docket at one point. Uh and it's questionable if some of these or the other person, to be honest with you, they're both actually from the same area of Portland.

[00:19:39]Uh and so I'm trying to go through all the surveillance just to make sure who to >> Okay.

[00:19:46]>> Uh so I would at least like >> It looks like some have They We've got three different kind of indictment time frames on these. So I'm not So Mr. Pham, I'm going to reset your case one more time to give Mr. Lewis time to go through all of that. He'll be out there to visit with you and we'll get an announcement at the next court date.

[00:20:03]>> Please.

[00:20:03]>> You can go back with the bailiff.

[00:20:05]>> She wanted to give me a next court date?

[00:20:07]>> Yes, we'll give you a new court date.

[00:20:09]>> You don't know why they hold me here. I didn't do nothing.

[00:20:12]>> Well, Mr. Lewis will talk to you about that, okay?

[00:20:14]>> Okay.

[00:20:15]>> You can go ahead.

[00:20:15]>> I heard a safe plea if we go that direction. Otherwise, the offer was to her state 2 years state jail on the probation case and to plead to at least one of those offenses so that there's the priors in her history.

[00:20:34]>> Right. That thing was initially the pleas were done. She initially those were abandoned at the time cuz they haven't been presented >> Right.

[00:20:42]>> presented to you.

[00:20:43]>> I don't even know that we had them in the office. They have since been indicted last week and I now have them and can prove them up by next week if the court would like.

[00:21:00]Well, what's your client's position with regard to that offer of safe plea?

[00:21:05]>> Oh, she she definitely wants to do the safe page.

[00:21:07]>> Then I want pleas of everything today if I'm going to do that. She's got to take responsibility for those new cases if you want to get the paperwork done for whatever agreement you reached on those.

[00:21:17]Um, but I I mean I don't think dismissals >> session highlighted several very different stages of the criminal justice process. April Smith received probation on new felony cases and was also allowed to continue probation on an older case despite admitting violations with strict conditions attached. Later the court accepted a guilty plea from another defendant who received a six-year prison sentence for deadly conduct involving a firearm. Other defendants face major decisions about whether to accept plea offers or proceed to trial including cases involving aggravated robbery, aggravated assault, and >> dismissals is appropriate. It's >> No, and that >> the plan >> Okay, totally.

[00:21:59]>> When we didn't have them >> Yeah.

[00:22:01]>> let's not hold her up for safety, but now that we have a cause number to plead to.

[00:22:05]>> Yeah, we need to get them all taken care of today.

[00:22:07]>> All right.

[00:22:07]>> We'll take care of it.

[00:22:08]>> Yes, sir.

[00:22:09]>> I'll hold it.

[00:22:09]>> Thank you.

[00:22:09]>> Good.

[00:22:10]>> Good.