NO SECOND CHANCE: Judge West Ends 5-Year Nightmare

[00:00:00]The client wishes to let you know what we proposed to see.

[00:00:05]>> Okay.

[00:00:06]>> If you want to go any further or not.

[00:00:07]>> Okay.

[00:00:08]>> We were here a couple weeks ago on Mr. Barley. It's my understanding I had previously prepared for a hearing on those new offenses. At that time the case was reset so I did not have the officers to connect. Well, today I can certainly get them if the court would like to hear from them. It's my understanding that he now intends to enter pleas of true to those new offenses.

[00:00:28]When we were here last we had semi made the suggestion of ISF / safety period and my understanding that he's already gone to ISF just from the reaction that the court kind of gave us to that and in my extensive conversation with Mr. Johnson we have taken that offer off the table and made an offer of 5 years in all three of the felony cases for a revocation which would then make him a repeated offender at peace back in court.

[00:00:54]>> I see.

[00:00:55]And that's your understanding and your agreement as well, Mr. Marvin?

[00:00:58]>> Yes, your honor. We prepared paperwork in three of the cases, two MPRPs and the new possession >> I don't only see two. Is there another set of paperwork? I've got the two MPRPs. I don't see the new case.

[00:01:15]So, we already went through those motions. I guess I just need to go through them again because there's going to be a change of plea.

[00:01:30]Let me Uh if you'll print one the second [clears throat] one I'll print the first one. Let me get those [snorts] pulled up real quick just to make it easier for me to go through.

[00:01:41]And and we can print the ones that were already modified. That way I can make notations on that.

[00:01:49]>> And just just again, I know I had let you know last time I'm not meaning to interrupt you.

[00:01:54]>> Go ahead. I'm just printing.

[00:01:56]>> Obviously >> the concern of the original underlying offenses back in 2017 that carried on until 19 was a violation of protective order. I've uh continued to maintain contact with that family and can assure the court that they have assured me that there has been no issue with Mr. Barley.

[00:02:12]>> Good.

[00:02:13]Thank you for that as well.

[00:02:15]>> for like that.

[00:02:22]>> Okay.

[00:02:34]I'm getting there.

[00:03:09]Okay. So, >> Would it be better if I made an oral motion to withdraw the previous >> Mhm. Nope. I'm just going to go back and um we're going to I'm going to just recede everything that we did at the previous hearing and that way we start fresh from this hearing and there's no mistake on what everyone's agreement is and what he's pleading true to and we'll do all of that today.

[00:03:33]So, will he waive the formal reading of the motion and the indictment?

[00:03:37]>> He will and >> The motions.

[00:03:39]Okay.

[00:03:40]Mr. Barley, in cause number 1828800, I have a first amended motion to revoke your unadjudicated [clears throat] probation.

[00:03:49]Uh it shows that you were placed on probation May 13th of 2019 for the offense of violation of a protective order, that's a third-degree felony, and that was a 10-year deferred probation.

[00:03:59]Is that correct?

[00:04:00]>> Correct.

[00:04:01]>> And and then in cause number 18-29063, I also have a first amended motion to revoke your unadjudicated probation.

[00:04:09]Shows that you were placed on probation, May 13th of 2019, >> [clears throat] >> also for violation of a protective order, a third-degree felony, and that was also a 10-year deferred probation.

[00:04:18]Is that also correct?

[00:04:21]And so it alleges that you violated your probation, and y'all are going to go >> 1, 2, and 3, 4, and 6.

[00:04:30]>> Okay.

[00:04:32]The new offense that he's about to plea is the possession, right?

[00:04:37]>> Correct. That should be number six.

[00:04:39]>> That's five.

[00:04:43]>> Um >> Six is that he possessed it. I mean, but five is the committed the offense, so that would make sense.

[00:04:49]>> They're They're different numbers at each one.

[00:04:50]>> Oh, great.

[00:04:52]I love that when that happens.

[00:04:55]>> If you want to amend, Judge, we'll go to >> No, it's okay. I have to do it. It's the The numbers are the numbers. Okay.

[00:05:03]Um Count one in each of these cases alleges that you violated your probation by committing the offense of assault, April 21st of 2025, and is that true or not true?

[00:05:17]>> True.

[00:05:21]>> And then count two alleges that you provided a urine sample, April 29th of 2025, that tested positive for opiates in each case. Is that true or not true?

[00:05:30]>> True.

[00:05:31]>> And two.

[00:05:33]And then >> [clears throat] >> count three alleges that you failed to provide verification of attending the JCDI program. Is that true or not true?

[00:05:42]>> True.

[00:05:43]>> And that's in each case, as well.

[00:05:47]Count four in each case um alleges that you failed to abstain from the use of any and all intoxicating substances and that you tested positive for alcohol April 15th of 2025. Is that true or not true?

[00:05:59]>> True.

[00:06:00]>> And that's also in both cases.

[00:06:04]Count five in cause number 1829063 [clears throat] and count six in cause number 1828800 alleges that you committed the new offense of possession of a controlled substance May 29th of 2025. Is that true or not true?

[00:06:24]>> True.

[00:06:28]>> Is that enough?

[00:06:30]Mr. Barbay?

[00:06:30]>> Yes, Judge.

[00:06:32]>> Sorry. I feel like I've gotten through it without messing up, but if I keep going on the different numbers. All right. Did you [clears throat] enter your pleas of true in each of those cases freely and voluntarily? And because those counts are actually true.

[00:06:45]In both of those 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 signed these, did you go over them with Mr. Barbay?

[00:06:55]>> Yes.

[00:06:56]>> Do you fully understand them?

[00:06:57]>> Yes.

[00:06:58]>> And do you understand if I follow the agreements that you've made with the district attorney that you will be waiving or giving up any right to appeal?

[00:07:06]>> I understand.

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

[00:07:11]It's admitted in each of those cases. Is there any evidence that Mr. Barbay is not competent?

[00:07:16]All right, Mr. Barbay. In each of those motion to revoke your unadjudicated probation cases, I am going to find that you entered your pleas of true freely and voluntarily.

[00:07:26]In cause number 1829063 find counts 1 2 3 4 and 5 true. Find sufficient evidence to find you guilty and at this time find you guilty of violation of a protective order. Sentence you in accordance with your agreement to a term of 5 years in the Institutional Division of the Texas Department of Corrections. 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.

[00:07:53]And cause number 18-28800, find counts 1, 2, 3, 4, and 6 uh true.

[00:08:02]Find sufficient evidence to find you guilty and at this time find you guilty of violation of a protective order.

[00:08:08]Sentence you in accordance with your agreement to a term of 5 years in the Institutional Division of the Texas Department of Corrections. You will also receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.

[00:08:22]Bless you.

[00:08:23]>> Thank you, Ms. Ma'am.

[00:08:27]>> Give me just a second now.

[00:08:51]>> [snorts] >> That's two. And did I print two?

[00:09:11]>> This one.

[00:09:12]>> Okay.

[00:09:13]Now, let's go to >> [snorts] >> Okay. Now, Mr. Barley, in cause number 25 dccr-0943, you're charged by indictment with a third-degree felony offense of possession of a controlled substance from May 29th of 2025. And how do you plead to that charge?

[00:10:00]>> Guilty.

[00:10:00]>> Are you pleading guilty freely and voluntarily? And are you pleading guilty because you did what they charged you with? In that case, I also have here on the computer some documents that have your signature on them. Uh, did you go over these also with Mr. Burbank?

[00:10:13]>> Yes, ma'am.

[00:10:14]>> And do you fully understand them?

[00:10:16]And you understand if I follow this agreement, you will also be waiving or giving up any right to appeal.

[00:10:21]>> Yes.

[00:10:22]>> Also, do you 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?

[00:10:34]State's tender number one in that case.

[00:10:37]It's admitted. Um, Mr. Barley, I'm going to find that you entered your plea of guilty freely and voluntarily, find that you're mentally competent and understand the nature and the consequences of this plea, find sufficient evidence to find you guilty, and at this time find you guilty of possession of a controlled substance, sentence you in accordance with your agreement to a term of 5 years in the institutional division of the Texas Department of Corrections. You will also receive credit >> And just like that, the outcome is locked in.

[00:11:03]Multiple probation violations, a new criminal offense, positive drug and alcohol tests, and failure to complete required programs have all culminated in two separate 5-year sentences.

[00:11:16]Notice how quickly the judge moved once the pleas were entered. The real battle was essentially over when the defendant admitted the violations.

[00:11:24]Do you think the 5-year sentence was fair, or should the court have considered another alternative before sending him back to prison?

[00:11:31]>> credit on that sentence for any time that you've been in custody that the law gives you the right to receive. These three cases will all run concurrently, which means together at the same time.

[00:11:40]I have handed you uh the trial court certification that shows this was an agreement that I followed, so you waived your right to appeal. I've 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. Firearm is a legal term. You should read that written admonishment I provided you to see what devices qualify as a firearm. If you have 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. Burbank. All right, good luck to you, sir. Thank you all. Thanks for your patience for me getting through that.

[00:12:22]Okay.